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1995
X20 .. .. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL January 9, 1995 The City Council of the City of Paris met in regular session, January 9, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Millie Ingram McDonald, Wayne Brown, John Bell, Aaron Jenkins, and Eric Clifford. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Rev. Jim Keith, Minister of First United Methodist Church. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. Mayor Shelton declared the public hearing open to receive input from citizens concerning a Texas Parks & Wildlife Grant Application for building a municipal swimming pool. Ray Spencer was present telling the Council that he was a businessman in Lamar County, that he had been in business for the past 15 to 25 years, owned and operated a swimming pool for 10 years which was called Spencer's Recreation and Water Form. fir. Spencer said he had 10 years of experience and certification in operating a commercial swimming pool. Mr. Spencer said he put the water park together which was a great success. Mr. Spencer said that it was not feasible for a businessman to operate a swimming pool three months out of the year, and that is what you are looking at to operated one for the general public, but there is a great need for kids to have a place to swim, and Paris has one of the greatest opportunity to have a swimming pool than any city in the State of Texas. Mr. Spencer said the pool that he has is 75 foot wide by 165 foot long, there are two pool, one is a diving pool which is 25 foot wide by 50 foot long and 14 feet deep. Mr. Spencer said the structure of the pool is in great shape. During his time of operation they did swimming sessions teaching approximately 200 to 500 kids to swim, also they taught lifeguards approximately 15 to 25 a year. Mr. Spencer said that he was present to let the Council know that he had talked to city officials several months ago about purchasing his swimming pool, and at that time he was told that the City did not have the money to buy a swimming pool, but he had been reading the newspaper about money becoming available which is the tax dollars, so at that time he he wrote it off to sell it to the City, by coming up with the idea of the property on Loop 286 and Clement Road as a trade. Mr. Spencer said there is approximately 12 acres on the North Side of Loop 286 and 4 112 acres on the South Side of Loop 286, and he told city officials that he would trade the swimming pool for that 82 property, even swap, and the taxpayers would not be out any money. Mr. Spencer pointed out that he has a building there that is approximately 5,000 square feet which would be included in the trade along with the parking lot that will park 165 to 175 cars, and advised the Council that you would need that many parking spaces. Mr. Spencer told the Council that his property also included a sand volleyball court which is a very popular sport and was used by the young adults. Mr. Spencer also pointed out that his property is worth three times greater than what the City would be trading, and also pointed out the accessibility of his property. He asked the Council to check the EPA Study which says that you can not dig, drill or trench on the City's property on Loop 286. Mr. Spencer told the Council that he was opposing spending money that the City does not have that we could spend wisely on other things, and with this trade in property it would not cost the city anything. Tonie Donnan, 525 N. E. 42nd, Helen Ressler, 4020 Holbrook, Joann Carr, 565 Johnson Wood, and Pat Cockran, 1025 Johnson Wood appeared before the Council in favor of building a municipal swimming pool. Mary Gibson, 1095 S. W. First, and Frances Pravority was present opposing building a City Swimming Pool, but was in favor of purchasing Mr. Spencer's pool. No one else was present to speak, and the public hearing was closed. City Manager Malone said the next item on the agenda was receipt of reports from committees, boards and commissions with minute from the Paris Public Library Advisory Board, and Paris Economic Development Corporation with no action being required. Councilman Clifford reported that the Swimming Pool Committee had met and it was the recommendation of the Committee to the City Council to execute the grant application, hire the Brannon Corporation to do this project, and designate the City's property on the N. E. Loop 286 as the site for the swimming pool. Under Personal Appearances, City Manager called for Dr. Richard Swint to come forward regarding his requested to be permitted to discuss a land trade with the City which the City Attorney was previously authorized to negotiate. Dr. Richard Swint was not present to speak as he had requested. City Manager Malone announced that the next item on the agenda was Lamar County School students Quincy Blount, Valeria Johnson, and Melanie Taubert; Campbell Soup representatives Don Stuckey and Guy Hinton; Kimberly Clark representative Patricia Clemmons; and E.M.S. representative Steve Burgin expressing appreciation to the City of Paris for its "Think Child Safety" Program. Steve Burgin, Fire Chief, told the Council that he was very proud to bring to the Council, and will show some of the first outcome of all the hard work that city staff has been permitted to do, but most of all the E. M. S. Staff and the our students who have worked all year for the Think Child Safety Program. Three service programs that will be shown on television was shown to the Council. At this time Mr. Burgin called for the students to come forward and introduced Quincy Blount, Valeria Johnson, and Melanie Taubert. Each student gave a presentation regarding teaching of the Think Child Safety Programs, and requested that the City of Paris proclaim the week of May 14, 1995, thru May 25, 1995 as "Think Child Safety" Week. Mr. Don Stuckey representing Campbell Soup was present telling the Council that they were proud to be partners with "Think Child Safety ". Mr. Stuckey told the Council that Campbell had sponsored a poster contest for all of the Lamar County School System and it was a very good success, they promoted safety to and from school, and had almost 5,000 kids participating in the program. Mr. Burgin pointed out that Think Child Safety was here to stay and in 1994 there was not a death caused by injury, and felt that this program was a great factor in this. Mr. Burgin introduced Stewart Dodson who started this program. Mr. Dodson said that this program has continued to grow, and hoped that some day it would be nationwide. Mayor Shelton read a proclamation proclaiming the week of May 14, 1995 thru May 25, 1995 as "Think Child Safety" Week presenting the proclamation to Mr. Stewart Dodson. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Section 7 -47 of the Code of Ordinance providing that the reference to Director of Community Development be changed to Chief Building Official. A motion was made by Councilman Clifford, seconded by Councilman Fulbright authorizing the preparation of an ordinance amending Section 7 -47 of the Code of Ordinance providing that the reference to Director of Community Development be changed to Chief Building Official. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -001 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 1F -A, CITY BLOCK 306, ON PROPERTY BELONGING TO W. A. HARRIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C) and specific use permit - BILLBOARD SIGN (52); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED: PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilwoman McDonald, seconded Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -002 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) AND SPECIFIC USE PERMIT - BILLBOARD SIGN (52) ON LOT 1F -B, CITY BLOCK 306, ON PROPERTY BELONGING TO GLENN BELL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - BILLBOARD SIGN (52) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING AN OFFICE DISTRICT (0) ON LOT 8, CITY BLOCK 112, ON PROPERTY BELONGING TO SHELLEY FIELD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -004 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 2, CITY BLOCK 317, ON PROPERTY BELONGING TO DONALD R. LEWIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -005 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 3, 4, AND 5, BLOCK B, RIDGECREST ADDITION, ON PROPERTY BELONGING TO ROBERT JOE JOHNS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY 4 4 DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE TWO FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on an ordinance declaring certain structures to be hazardous and the disposition of the same. City Manager Malone advised that we do have a letter that has been submitted from Nordon M. Brown since the Council last met, and Mrs. Calvin Gibson is present regarding their property. Mary Gibson, 1095 S. W. First Street, appeared before the Council advising that they had met with the Committee in December, and she was not aware of the meeting last week but wanted to request additional time. Ms. Gibson said they needed an additional six months to repair the duplex at 960 and 962 S. Main Street, and they were going to make this their private resident. City Manager Malone advised that the letter from Nordon M. Brown, 432 E. Henderson, requested that the wording be change to - in order to repair or remove within a reasonable amount of time such as 30 days, and she assures us that the repairs will began within the week. City Attorney Haynes explained that the ordinance read ordered to abate such nuisance within thirty, and he thinks her request is for it be put in a category where she could repair, and explained that abating the nuisance could be done by repair, it would no longer be dilapidated, so that does not preclude repair. ORDINANCE NO. 95 -006 AN ORDINANCE CONTAINING A HEARING ON PROPERTIES LOCATED IN THE CITY OF PARIS, BELONGING TO VARIOUS OWNERS, AND AN ORDINANCE OF THE CITY COUNCIL FINDING THE MATERIALS REMAINING ON THE PREMISES TO CONSTITUTE A NUISANCE AND TO BE A FIRE HAZARD TO LIFE AND PROPERTY AND A HAZARD TO THE LIFE AND WELFARE OF THE INHABITANTS OF THE AREA, AND ORDERING SAID RUBBISH, LUMBER AND REFUSE FROM THE STRUCTURES TO BE TORN DOWN AND REMOVED FROM THE PREMISES IN ORDER TO ABATE SUCH NUISANCE. PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made Councilman Fulbright for adoption time of repair on the structure at 1, 1995 to repair or demolish and nays. ORDINANCE NO. 95 -007 by Councilman Clifford, seconded by of the ordinance with changing the 960 and 962 S. Main Street to August remove. The motion carried 7 ayes, 0 c AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARIES LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 29.72 ACRES, MORE OF LESS WHICH IS LESS THAN TEN PERCENT (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; APPROVING SERVICE PLAN AND PROVIDING ZONING FOR TERRITORY was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO., 95 -008 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS BE AMENDED BY REVISING SECTION 7 -47 OF SAID CODE; PROVIDING THAT THE REFERENCE TO DIRECTOR OF COMMUNITY DEVELOPMENT BE CHANGED TO CHIEF BUILDING OFFICIAL; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for adoption of the ordinance. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to take a short break. The motion carried 7 ayes, 0 nays. The Council reconvened at 7:25 P. M. City Manager Malone called for the tabulations of bids for furnishing and delivery of (1) Term Life Insurance, (2) Stop Loss Insurance for its otherwise self - funded Medical /Dental Program, (3) Third Party Administration Services for the above coverage, (4) Maintenance Drug Program for employees of the City of Paris, and the following bids were presented: Health Care Benefits Five Plans Texas Municipal League One Plan Life Re Insurance Company Two Plans Tucker and Clark One Plan It was the recommendation of the Director of Finance, W. E. Anderson, to award the bid to Health Care Benefits using U. S. Benefits and Continental Life) as it would result in the lowest dollar cost to the City. A motion was made by Councilman Bell to accept the recommendation of Mr. Anderson and award the bid to Health Care Benefits. The motion was seconded by Councilman Fulbright, and carried 7 ayes, 0 nays. Resolution No. 95 -001, resolving that an application be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $250,000.00, being approximately 50% of the estimated COST of the municipal swimming pool project, with the City of Paris providing $250,000.00 in kind services, and funds, which matching share for this application is readily available at this time, was presented. Walter F. William, 1235 7th N. W. appeared before the Council speaking in favor of a city swimming pool stating that it will be really good for our kids. after further discussion,a motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 1 nay, Councilman Jenkins voting nay. 826 RESOLUTION NO. 95_001 WIIEREAS, the Texas Parks & Wildlife Department provides funding for Texas Recreation & Parks Account (TRPA) Program grants (Section 24 of the Parks & Wildlife Code) for project not to exceed $1,000,000.00; and, WIIEREAS, the City Council of the City of Paris is desirous of processing a grant application for a municipal swimming pool, at an estimated cost of $509,000.00 with the cost being paid 50% Texas Parks & Wildlife Department and 50% local match which may include land and in kind services; and, WIIEREAS, the City of Paris is fully eligible to receive assistance under the TRPA Program; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $254,500.00, being approximately 50% of the estimated cost of the municipal swimming pool project, with the City of Paris providing $254,500.00 in kind services, land and funds, which matching share for this application is readily available at this time. 2. That Michael E. Malone, City Manager of the City of Paris, be, and lie is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Dick Boots, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the construction of a municipal swimming pool. 5. That the site to be known as the City of Paris Municipal Swimming Pool and Recreational Area in the City of Paris, Paris, Texas for use as a park site, being Lot 6, City Block 276 is hereby dedicated for a public park and recreation purposes in perpetuity, which dedication becomes null and void in the event that the above described grant application is rejected. PASSED AND ADOPTED this 9th day of January, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED A-S"TQ FORM: T. K. Haynes,,Zity Attorney APPLICATION FORM - FART I - GENERAL INFORMATION TEXAS RECREATION & PARRS ACCOUNT PROGRAM I. SPONSOR: A. Address: C. Federal Tax Identification Code: Contact & Phone Number: II. PROJECT NAME: III. PROJECT LOCATION A. City & County: B. State Legislative Districts 1. Senate: 2. House: C. Federal Congressional District: IV. FUNDS REQUESTED A. Sponsor (50 %): B. State (501): C. Total Project: To the best of my knowledge and belief, all documentation in this application is true and correct, the application has been duly authorized by the governing body of the sponsor, and the sponsor agrees to comply with all program rules and procedures if grant assistance is awarded. Signature of Official Authorized in Resolution Typed Name, Title and Telephone Number Date 37 1...M 11.,1.1 �: Ned i APPLICATION FORM — PART II — BUDGET INFORMATION TEXAS RECREATION & PARKS ACCOUNT PROGRAM SECTION A — CALCULATION OF THE TOTAL PROJECT COST Cost /Value 1. Land, Improvements, and Right -of -way 2. Appraisals and Boundary Survey 3. Professional Services 4. Demolition, Removal and Site Preparation 5. Construction, Renovation and Project Improvements 6. SUB -TOTAL (Add lines 1 through 4) 7. Contingency B. TOTAL PROJECT COST (Add lines 5 and 6) 9. Grant Request (50X of line 7) SECTION B — LOCAL SPONSOR MATCHING SHARE Cost /Value 1. Voter Approved Capitol Improvement Bonds 2. Sponsor Appropriations 3. Sponsor In-House Labor, Equipment, Materials 4. Sponsor or Publicly Owned, Non - Parkland 5. Private Donations of Land 6. Private Donations of Cash 7. Private Donations of labor, Equipment, Materials A. Other Governmental /Educational Institution Resources (Specify in Section C) 9. Other Grants (Specify in Section C) 10. Other funds /Resources (Specify in Section C) 11. TOTAL LOCAL SPONSOR SHARE (Add lines 1 through 10) SECTION C — EXPLANATIONS 39 J 82 IrSTRUCTI0N8 APPLICATION FORM - PA DGET INFORMATION SECTION A - CALCULATION OF THE TOTAL PROJECT COST line 1: Enter the estimated values for land, improvements, and right-of ways to be acquired by purchase, donation, dedication, or eminent domain. If the value of sponsor - owned, non-parkland match, enter the estimated land value. Line 2: Enter estimated costs of appraisals and required boundary surveys, incidental to costs to be Incurred from Line 1. Line 2 amount is limited to 510,000 or 5X of appraised value (whichever is less). All other costs incidental to the land acquisition are not eligible for assistance. Llne 3: Enter estimated &ix=t for professional services including application preparation, project site master plan, architectural and engineering fees, U.S. Army Corps of Engineers 404 Permit /wetlands determination, cultural resources survey, and inspections. The amount for professional services may not exceed 12% of the sus of Lines 4, 5 and 7. Line 4: Self-explanatory Line 5: Self-explanatory Line b: Self- explanatory Line 7: Enter contingency amount. Contingency any not exceed 10X of the sus of Lines 4 and 5. Line 8: Self-explanatory Line 9: Self-explanatory SECTION B - LOCAL SPONSOR MATCHING SHARE Line 1 through 10: Self-explanatory Line 11: Self - explanatory. Line 11 should equal Lire A -9 above. SECTION C - EXPLANATIONS Use this section to explain line items in Sections A or B, as needed. i 40 ASSURANCE OF ELIGIDILITY l FOR USING SPONSORIPUBLICLY —OWNED LAND AS THE LOCAL MATCHING SHARE ON BEHALF OF THE , I HEREBY CERTIFY (Insert Sponsor Name) THAT ALL PROPERTY DESCRIBED BELOW HAS NEVER BEEN DEDICATED, PLATTED, MANAGED OR ACQUIRED FOR PUBLIC PARK OR RECREATION USE, AND THAT SAID PROPERTY IS ELIGIBLE TO SERVE AS THE GRANT MATCHING SHARE FOR (Insert ProJect Nome) PURSUANT TO TEXAS RECREATION & PARKS ACCOUNT PROGRAM GUIDELINES. !i') ; (insert property description - include the general location, acreage and legal description.) AS THE OFFICIAL REPRESENTATIVE OF THE PROJECT SPONSOR, I FULLY UNDERSTAND THAT THE FALSE CERTIFICATION OF SAID ASSURANCE WILL CAUSE THE AFOREMENTIONED PROJECT TO BE WITHDRAWN FROM CONSIDERATION, AND THAT FUTURE ELIGIBILITY FOR GRANT CONSIDERATION MAY BE JEOPARDIZED. Signature of Official Authorized in Resolution Typed or Print Name and Title Date ` 41 Resolution No. 95 -002, authorizing the City Engineer of the City of Paris to procure professional services for the preparation of a Community Park Master Plan, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 8 r L RESOLUTION NO. 95 -002 WHEREAS, the City of Paris has need for professional engineering services for the preparation of a COMMUNITY PARK MASTER PLAN; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that the City Engineer of the City of Paris, Earl Smith, be authorized to procure such professional services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the City Engineer of the City of Paris, be, and he is hereby authorized to procure professional services for the preparation of a COMMUNITY PARK MASTER PLAN. PASSED AND ADOPTED this 9tii day of January, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T K .Hayn y Attorney Resolution No. 95 -003, appointing Thomas E. fiaynes as Assistant City Clerk to act in the stead of Mattie Cunningham when she is occupied with other duties, absent from the City or incapable of acting as City Clerk, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 832 RESOLUTION NO. 95 -003 WIIEREAS, an Assistant City Clerk of the City of Paris, Paris, Texas, Joe McCollum, has retired and it is fitting and proper that an Assistant City Clerk be appointed to replace him; and, WHEREAS, Thomas E. Haynes is qualified and an appropriate person to be appointed Assistant City Clerk with power to act in the capacity of the City Clerk in the absence of Mattie Cunningham; NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Thomas E. Haynes, be, and he is hereby appointed Assistant City Clerk to act in the stead of Mattie Cunningham when she is occupied with other duties, absent from the City or incapable of acting as City Clerk. PASSED AND ADOPTED this 9th day of January, 1995. & 10 --- Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cier APPROVED AS FORM: T. K. Haynes, City Attorney Resolution No. 95-004, au ecuteZ10 9 behalf directing of the the City i tof Manager r the the City of Paris to ex for the Lease /Purchase Agreement with Tymco Equipment Leasing Company purchase of one 1995 TyA c motion a °1s made by 00g Councilman l Air Sweeper, was presented. seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -004 WHEREAS, the City Council of the City of Paris, did at its special meeting on September 19, 1994, in Ordinance No. 94 -042, authorize the purchase of a 1995 Street Sweeper for use in the Sanitation Department, and thereafter did advertise for bids for furnishing said Street Sweeper, which bids for such were received until 3:00 P.M., Tuesday, October 25, 1994; and, WHEREAS, the best bid for such purchase was made by INDUSTRIAL DISPOSAL SUPPLY, Post Office Box 860707, Plano, Texas 75086, and it was awarded the bid for such equipment on November 14, 1994; and, WHEREAS, the Lease /Purchase Agreement with TYMCO EQUIPMENT LEASING COMPANY for the purchase of one 1995 TYMCO Model 600BAH Regenerative Air Street Sweeper is attached hereto as Exhibit A, and such Agreement should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CI'T'Y OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Lease /Purchase Agreement upon the terms and conditions shown in Exhibit A attached hereto, with TYMCO EQUIPMENT LEASING COMPANY, financing the purchase of a 1995 TYMCO Model 600BAI-I Regenerative Air Street Sweeper. PASSED AND ADOPTED this 9TI -I day of January, 1995. A/ Don Shelton, Mayor ATTEST: I �� 1\ Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. aynes ity Attorney Lessee's P.O. #1204 LESSEE City of Paris. 135 1st Street S.L. Paris, TX 75961 903 -785 -7511 Cuutomer No. 965000 Agreement No. 941212 Dealer No. 590000 LEASE /PURCHASE AGREEMENT TYMCO EQUIPMENT LEASING COMPANY TAX - EXEMPT FINANCE DIVISION LESSOR TYMCO, Inc. 225 E. Industrial Blvd. P. O. Box 2360 Waco, TX 76703 -2360 017- 799 -554G DESCRIPTION OF EQUIPMENT ----------------------------------------------------------------------- QUANTITY (TYPE, MODEL AND SERIAL NUMBER) UNIT PRICE ----------------------------------------------------------------------- 1 TY14CO Model 600BAII REGENERATIVE AIR STREET SWEEPER Sweeper Serial No. Truck Serial No. Finance Amount --------------- - AMOUNT ---------------- $ 86,599.25 ------------------------------------------------------------------------------ TYPE OF ENTITY.(COUNTY, CITY, SCHOOL DISTRICT, ETC.): City FULL MONTIiLY RENTAL RENTAL LEASE TERM RENT PAYABLE PAYMENT AMOUNT PAYMENT SCHEDULE --------------------------------------------- — ------------------------------------------- XX ADVANCE RENTAL ADVANCE PAYMENTS REMAINING PYMTS. G0 MONTHS ARREARS PAYMENT $ NUMBER 1 NUMBER XX MONTHLY RENTAL TAX $ .00 10$1,685.29 590$1,685.29 ea. AFTER QUARTERLY TOTAL COMMENCEMENT SEMI- ANNUALLY PAYhIENT $ DATE ANNUALLY ------------------------------------------------------------------------------------------ EQUIPMENT LEASE /PURCHASE AGREEMENT In consideration of the mutual covenants hereinafter contained, the parties agree that Leooee shall lease from the Lessor the property described above (the "Equipment "), oubject to the terms and conditions Oct forth herein. The agreement is made upon the following t-ermo and conditions: 1. RENTAL. Lesaor and Lessee underot-and and intend that the obligation of Leooee to pay rent hereunder shall constitute a current expenoe of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable conat•itutional or statutory limitations or requiremento concerning the creation of indebtedneno by Leooee, EXHIBIT A • Page 2 nor shall anything contained herein conotitut-e a pledge of the general tax revenues, funds or monies of Lessee. Lessee ohall pay rent exclusively from legally available funds, in the amounts net- forth both above and on the rent- due dates set forth in the Schedule of Payments (Exhibit C) attached to the Certificate of Acceptance (Exhibit D), executed by Lessee, by mailing the name to Lersor at the address specified in Section 14(a). For purpooeo of making computationo under applicable regulations and rulings under federal- income tax law, and as set forth in the Schedule of Payments, a portion of each rent- payment is paid as, and represents payment of, interest, and the balance of each rent payment in paid an, and represents payment of, principal. Each year's rental payment is for the consideration actually furnished that year and each rental payment is. supported by the une of the equipment in cacti year. The obligation of Lessee to make payment of rent-, and to perform and observe the agreements contained in the Agreement-, shall be absolute and unconditional in all events, except an expressly provided herein. Notwithstanding any dispute between Lennee, Lessor, and any other person, Lessee shall make all rent payments when due and shall not withhold any rent payments pending final resolution of such dispute, nor shall Lessee assert any right- of setoff or counterclaim against its obligation to make ouch payments required under this Agreement, Lessee's obligation to pay rent shall not be abated through accident or unforeseen circumstances. 2. LEASE TERM. (a) Commencement of Lease Term. The lease terms shall commence on the date on which the Equipment is accepted by Lessee as indicated on the Certificate of Acceptance (the Commencement Date), and shall terminate on the last business day of Lessee's then current fiscal budget period (such period being hereinafter referred to as the "Original Term "): provided, however, that this Agreement shall be effective from and after the date of execution hereof. (b) Renewal of Lease Term. Upon expiration of the Original Term, this Lease shall automatically renew on a year -to -year basis for the number of budget periods necessary to comprise the Full Lease Term as net forth in Exhibit C attached hereto and made a part hereof, unless Lessee given written notice to Lessor not less than 60 days prior to the end of the then current- term pursuant to subpart (e) of this section or Section 10, an the care may be. Each renewal period is hereinafter referred to as a "Renewal Term ", and all Renewal Terms, together with the Original Term, shall comprise the "Full Lease Term ". The terms applicable to any Renewal Term shall be the same as the' terms applicable to the Original Term, except that the rent shall be an provided in the Schedule of Payments in Exhibit- C. (c) Termination of Lease Term. The Lease Term will terminate upon the earliest to occur of any of the following events: (1) the expiration of the Original Term or any Renewal Term and the nonrenewal thereof in accordance with the terms hereof; (2) the purchase of the Equipment by Lessee pursuant to Section 8 or 10; (3) a default by Lessee or Lessor's election to terminate this Agreement under Section 12; or (4) the payment by Lessee of all rentals authorized or required to be paid by Lessee hereunder. (d) Continuation of Lease Term by Lennee. Lessee intends, subject to the provisions of subpart (e) of thin section, to continue the Lease Term through the Original Term and all Renewal Terms for the Full Lease Term and to pay the rent hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all rent for the Full Lease 'term can be obtained. Lessee further intends and covenants to do all things lawfully within its power to obtain and maintain funds from which the rent may be paid, including making provision for ouch rent to the extent necessary in each budget submitted and adopted in accordance with law, to use its bona fide best efforts to have ouch portion of the budget approved, and to exhaust all available reviews and appeals in the event such portion of the budget- is not approved. Page 3 (e) Nonappropriation. In the event sufficient funds are not appropriated for the payment- of the rent required to be paid in the next succeeding Renewal Term, and Lessee has no funds legally available for rent from other sources, then Lessee may terminate thin Agreement at the end of the Original Term or the then current Renewal Term, as the cane may be, and Lessee shall not be obligated to make payment of the rent beyond the then current term. Lessee agrees to deliver notice to Lessor of such termination at leaut 60 days prior to the end of the then current term. If this Agreement is terminated under this sub -part, Lessee agrees, at Lessee's cost and expense, peaceably to delivery the Equipment to Lessor. In addition, Lessee agrees, at Lessee's cost and expense, to incur the necessary costs and expenses to bring the returned sweeper and truck chassis up to factory remarketing ot-andards. To the extent lawful, Lessee covenants that it will not, until the date on which the next- succeeding Renewal Term would have ended, expend or commit any funds for the purchase or use of equipment to be used for the same purpose as, or a purpose functionally equivalent to, the Equipment. Notwithstanding anything in this Agreement to the contrary, the provisions of this sub -part shall survive termination of this Agreement. 3. REPRESENTATIONS AND COVENANTS OF LESSEE. Lessee represents, covenants and warrants to Lessor as follows: (a) Lessee is an entity described in Section 103(a) of the, Internal Revenue Code of 1986, as amended; and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as such an entity. (b) Based upon the representations, covenants and warranties of Lessor, the execution and delivery of this Agreement by Lessee and performance of this obligations hereunder is not prohibited by the Constitution and laws of the state specified on the Certificate of Acceptance (the "State "), and has been duly authorized by resolution of the governing body of Lessee (a certified copy of which shall be attached to the opinion of Lessee's counsel); and Lessee has obtained such other approvals as are necessary to consummate this Agreement. All requirements have been met, and procedures have occurred, necessary to ensure the enforceability of this Agreement against Lessee, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder. (c) Lessee has determined that a present need exists for the Equipment which need is not temporary or expected to diminish in the foreseeable future. The Equipment- is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity. (d) Lessee will annually, upon request, provide Lessor with a letter from the City's accountant stating that funds have been appropriated in the City's annual budget to continue this lease for the next- renewal term. (e) The Equipment is, and shall remain, personal property and when subject to use by' Lessee under thin Agreement will not be or become fixtures. The Lessee further warrants that this lease will not constitute a "private activity bond" within the meaning of Section 191 of the Internal Revenue Code in that Lessee will not sublease the Equipment-, nor will Lessee enter any management, output, or similar types of contracts where more than 10 percent of the proceeds of the lease purchase agreement- will be used for one or more private business uses or where the payment of the principal of, or interest on, more than 10 percent of the proceeds of this Lease will be made, either directly or indirectly by payments, property, or monies borrowed by private business users. (The term "private business use" means any direct or indirect use in a trade or business carried on by an individual or entity other than a state or local governmental unit, including use by the Federal Government or any agency thereof. A special exemption is provided for "exempt facility bonds" and 501(C) (3) "tax exempt organization bonds ". L� Page 4 4. TITLE TO EQUIPMENT; SECURITY INTEREST. During the Full Lease Term, title to the Equipment shall remain vested in the Lessor. Upon exercise by Lessee of the purchase option granted in Section 10 of this Lease, Lessor shall deliver to Lessee by appropriate documents title to the Equipment, free and clear of all liens and encumbrances. In the event of a default as set forth in Section 12 or nonappropriati_on as set forth in Sectioi 2(e), Lessee will surrender possession of the Equipment to Lessor as required by Section 2(e) and release all claim or right to said Equipment accordingly. To secure the prompt payment and performance as and when due of all of Leooee's obligations hereunder, and all other obligations of Lessee to Lessor, both now in existence and hereafter created, Lessee hereby grants to Lessor a first security interest in the Equipment, and all replacementn, substitutions and alternatives thereLor and thereof and *accessions thereto and all proceeds (cash and non - cash), includi4u the proceeds of all insurance policies, thereof. Lessee agrees that with respect to the Equipment Lessor shall have all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in the State. Lessee may not dispose of any of the Equipment without the prior written consent of Lessor, notwithstanding the fact that proceeds constitute part of the Equipment. 5. USE AND MAINTENANCE. Lessee shall use the Equipment in a manner consistent with the requirements of all applicable insurance policies,, and will not change the location of any Equipment as specified in the Acceptance Certificate without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach the Equipment to any other item of equipment- in such a manner that the Equipment may be deemed to have become an accession to or a part of ouch other item of Qquipment. Lessee, at its own expense, will maintain the Equipment in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof alone excepted, and will make all repairs reasonable necessary for ouch purpose. In addition, if any component of the equipment shall become damaged beyond repair, Lessec at its own expense, will within a reasonable time replace ouch component, with replacement components which are free and clear of all liens or right of other and have value and utility at lease equal to the components replaced. All components which are attached to the Equipment which are essential to the operation of the Equipment or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately be deemed incorporated in the Equipment and oubject to the terms hereof as if originally leased hereunder, and subject to the security interest of Lessor in the Equipment. Lessee shall not make any material alterations to the Equipment- without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect- the Equipment and all maintenance records with respect- thereto, if any, at any reasonable time during normal business hours. 6. FEES; TAXES; OTHER GOVERNMENTAL AND UTILITY CHARGES. Lessee agrees to indemnify Lessor against all titling, recordation, documentary stamp and other fees, arising at ar time prior to or during the Lease Term, upon or relating to the Equipment or this Agreement. The parties contemplate that the Equipment will be used for a governmental purpose of Lessee and that the Equipment will be exempt from all taxes presently aooessc and levied with respect to personal property. In the event that the use, possession or acquisition of the Equipment is found to be subject to taxation in any form (except for net income taxes of Lessor), Lessee will pay as they come due all taxes and governmenta charges of any kind that may be aooesoed or levied against the Equipment, as well as al utility and other charges incurred in the operation, maintenance and use of the Equipme Page 5 7. INSURANCE. At its own expense, Lessee ohall keep the Equipment- covered against loo_ due to fire and the risks normally included in extended coverage, malicious mischief and vandalism, for not less than the Full Insurable Value of the Equipment; and Lessee shall also carry automobile insurance, including bodily injury liability and property damage liability with a single limit of not less than $1,000,000 per occurrence, or ouch greater or leooer amount as Lessor may from time to time require on notice to Lessee. As used herein, "Full Incurable Value" means the full replacement value of the.Equipment or the then applicable Purchase Price designated an ouch on the Schedule of Payments, whichever is greater. All insurance shall be in form and amount and with companies reasonably satisfactory to Lessor. All insurance for loco or damage shall provide that looses shall be payable to Lessor and Lessee, as their interests may appear, and Lessee shall utilize its best- efforts to have all checks to ouch losses delivered to Lessor. Lessor shall be named as an additional insured with reopect to such liability insurance. Lessee shall pay the premiums and deliver to Lessor evidence satisfactory to Lessor of ouch insurance coverage. Each insurer shall agree, by endorsement furnished to Lessor, that (a) it will give Lessor 30 days prior written notice of the effective date of any material alteration or cancellation of ouch policy; and (b) insurance as to the interest of any named additional insured or loss payee other than Lessee shall not be invalidated by any actions, inactions, breach of warranty or conditions or negligence of Lessee with respect to such policy. If Lessee inoureo similar properties against casualty loan by self - insurance, Lessee may satisfy its obligations with respect to casualty insurance hereunder by providing self- insurance with respect to the Full Incurable Value of the Equipment by means of an adequate insurance fund. Lessee shall carry workmen's compensation insurance covering all employees working on, in, near or about the Equipment, or demonstrate to the satisfaction of Lessor that adequate self- insurance is provided, and shall require any other person or entity working on, in, or near or about_ the Equipment to carry such coverage, and will furnish to Lessor certificates evidencing such coverage throughout the Lease Term. The Net Proceeds of the insurance required hereby small be applied as provided in Section B. As used herein "Net Proceeds" means the amount remaining from the groan proceedo of any insurance claim or condemnation award after deduction of all expenses (including attorney's feeo) incurred in the. collection of ouch claim or award. If Lessee is a governmental entity and does not maintain liability insurance as described above, Lessee agrees that it will maintain a program of self insurance, either alone, or in cooperation with other governmental entities, that provides coverage to Lessee in the form and amount stated above, but in any event, not leas than the maximum exposure to Lessee under any applicable governmental immunity rule, regulation, statute or law. Lessee shall deliver to Lessor evidence satisfactory to Lessor of ouch self- insurance coverage. B. DAMAGE, DESTRUCTION AND CONDEPINATION: USI, OF NEW PROCEEDS. If prior to the termination of the Lease Term (a) the Equipment is damaged in whole or in part by casualty; or (b) title to, or the temporary use of, the Equipment or the estate of Lessee or Lessor in the Equipment shall be taken under the exercise of the power of eminent domain by any governmental body or by any person acting under governmental authority; Lessee and Lessor will cause the Net Proceeds of any insurance claims or condemnation award to be applied to Lessee's obligations by thin section. If the Equipment is not - deemed to be a total loos, Lessee shall, at its expense (after the application of the N Proceeds of any insurance claims or condemnation award), cause the repair or replacemen of the Equipment. In the event of total destruction of the Equipment, Lessee shall pay— to Lessor on the next rent due date (as net forth on the Schedule of Payments) which r succeeds the date of ouch loon, an amount equal to the purchase price of the equipment ._.... ,...., . - :n �, .. •.. .. .,., •. .• . .. .,..+ nwl n4s�I +MaR \M.'1'teil�Ae+hl4Yraosl�. Page 6 loco the total amount of all rento which represented equity in the equipment previously paid under this Agreement, plus rent due on ouch date, pluo any other amounts then payable by Lessee hereunder. Upon ouch payment-, the Lease Term shall terminate, any security interest- of Lessor in the Equipment- shall terminate, and Lessee will acquire unencumbered title to the Equipment as provided in Section 10. If.Leasee is not then in default hereunder, any portion of the Not Proceeds in excess of the amount required to pay in full Lessee's obligations as set- forth in this Section shall be for the account o the Lessee. Lessee agrees that if the Net Proceeds are insufficient to pay in full Leadee'a obligations as set- forth in this Section, Lessee shall make ouch payments to th extent- of any deficiency. 9. WARRANTY. Products and parts manufactured by TYMCO, INC., and all services performe by TYMCO, INC., are subject to the applicable Warranty currently published by TYMCO, INC., which Warranty is, by this reference, incorporated herein. Copies of said Warranty may be obtained from any office of TYMCO, INC., or from any authorized TYMCO dealer. LESSOR MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED REGARDING THE CAPACITY OF THE REQUIREMENT OR TIIAT THE EQUIPMENT WILL SATISFY THE REQUIREMENTS OF ANY LAW, REGULATION O; SPECIFICATION OR THAT THE EQUIPMENT WILL BE FIT FOR ANY PARTICULAR PURPOSE. 10. PURCHASE OF EQUIPMENT BY LESSEE. The Lessee will have an option to purchase and cal exercise that option to acquire title free and clear of all liens, and thin Agreement will terminate provided Leacee is not then in default upon the occurrence of either of the following events: (a) the end of the Full Lease Term, upon payment in full of all rent and other amounts payable by Leooee hereunder for the Full Lease Term; or (b) at the end of the Original Term or any Renewal Term, or any month within ouch Original Term or any Renewal Term, as set forth in the column entitled "Principal Balance" within Exhibit C incorporated herein by this reference, upon payment by Lessee of the then applicable Purchase Price plus all other sumo then due by Lessee hereunder. 11. ASSIGNMENT: INDEMNIFICATION. (a) Assignment. This Agreement and the interest of Lessee in the Equipment may not be cold, assigned, sublet or encumbered by Lessee without prior written consent of Lessor. This Agreement, and the obligations of Lessee to pay rent hereunder, may be assigned and reassigned in whole or in part to one or more' aeoigneeo by Lessor subject to their terms of this Lease /Purchase Agreement at any time without the necessity of obtaining the consent of Lessee. Lessor agrees to give notice of assignment- to Lessee and upon receipt of ouch notice, Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defena or setoff (whether arising from a breach of the Agreement or otherwise) that Lessee may have against Lessor's aaoigneea. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements which may reasonably be requested by Lessor or its asoigneen to protect- their interests in the Equipment and in thin Agreement. (b) Lessee agrees to indemnify and hold harmless Lessor for any damage or injury of any kind, arising out of the negligence or actionable conduct of Lessee, its employees, agents, representatives or contractors, or any person or entity alleged to be an employee, agent, representative or contractor of Lessee. 12. EVENTS OF DEFAULT AND REMEDIES. (a) Events of Default. The following shall be "events of default" under this agreement and the term "default" shall mean any one or more of the following events: (1) failure by Lessee to pay any rent or other payment required to be paid hereunder at the time specified herein; or (2) failure by Lessee to observe and perform any other agreement on its part to be observed in ouch time prior to its expiration; (3) any statement contained herein or furnished with respect- hereto by o on behalf of Lessee proving to have been false in any material respect at the time that it was made; or (4) the filing by Lessee of any petition or answer seeking 1 4 40 Page 7 reorganization, arrangement composition, readjustment, liquidation, moratorium or similai relief under any existing or future bankruptcy, insolvency, or other similar insolvency or other similar laws ohall be filed and not withdrawn or dismissed within GO days thereafter. (b) Remedies on Default-. whenever any event of default- shall have occurred and be continuing, Lessor shall have the right, at its sole option without any further demand or notice, to exercise any one or more of the following remedies: (1) with or without terminating this Agreement, retake possession of the Equipment and dispose of the Equipment- for the account- of Lessee, with the net amount of all proceeds received by Lessor to be applied to Lc0Gee'G obligations hereunder, holding Lessee liable for the excess (if any) of (i) the rent payable to Lessee hereunder to the end of t-he Original Term or then current Renewal Term, whichever is applicable, and any other amounts then payable by Lessee hereunder, including but not limited to attorney's fees, expenses and coots of repossession, over (ii) the not proceeds received in connection with the diepooit-ion of the Equipment; provided that the excess of the amounts referred to in clause (ii) over the then applicable Purchase Price and amounts referred to in clause (i) shall be paid to Lessee; (2) require Lessee at Lesoce's risk and expense promptly to return the Equipment- in t-he manner and in the condition set- forth in Sections 2(e) and 5; (3) if Lessor is unable to repossess the Equipment for any reason, the Equipment- shall be deemed a total loss and Lessee shall pay to Lessor the amount due pursuant- to Section 8; and (4) exercise any other right or remedy which may be available to it under applicable law or proceed by appropriate court- action to enforce the terms of this Agreement or to recover damages for the breach of this Agreement as to any or all of the Equipment-. Nothing contained herein shall be construed to provide any remedy of acceleration of the rental payments. In addition, Lessee will remain liable for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. (c) No Remedy Exclusive. No remedy available to Lessor is intended to be exclusive and every ouch remedy shall be cumulative and oliall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right- accruing upon any default shall impair any ouch right or shall be constructed to be a waiver thereof, but any such right might be exercised from time to time and as often as may be deemed expedient-. 13. TAX ASSUMPTION; COVENANTS. The parties assume that Lessor can exclude from Federal gross income the interest portion of each Lease Payment set forth in the amortization schedule under the column captioned "Int-erest- Paid ". Lessee covenants that it will (i) register this Lease and transfers thereof in accordance with Section 149 (a) of the Code and tile regulations thereunder, (ii) timely file a statement with respect to this Lease in the required form in accordance with Section 149(e) of the Code, (iii) not permit the property financed by this Lease to be directly or indirectly used for a private business use within the meaning of Section 141 of the Code, (iv) not take any action which results, directly or indirectly, in the interest portion of any Lease Payment not being excludable from Federal gross income pursuant- to Sect-ion 103 of the Code and will take any reasonable action necessary to prevent ouch result-, and (v) not take any action which results in this Lease becoming, and will take any reasonable action to prevent- this Lease from becoming (a) an arbitrage obligation within the meaning of Section 148 of the Code or (b) federally guaranteed within the meaning of Section 149 of the Code. a 841 Page 8 Lessee represents that in accordance with the above, it will report this Lease to the Internal Revenue Service by filing form 0038 -G or 0030 -GC, whichever is appropriate. Lessee understands that failure to do so will cause the Lease to love its tax exempt status. Therefore, Lessee agrees that it if fails to file the appropriate form, the interest- rate set forth in the payment schedule will be adjusted to an equivalent- taxable interest rate. Notwithstanding the earlier termination or expiration of this Lease, the obligations provided for in this Section 13 shall survive such earlier termination or expiration. 14. MISCELLANEOUS. (a) Notices. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, sent by certified mail, return receipts requested, addressed to the other party at its respective address stated on the first page of this Agreement- or at such other address as such party shall from time to time designate in writing to the other party; shall be effective from the date of mailing. (b) Binding Effect-. This Agreement shall inure to the benefit of and oliall be binding upon Lessor and Lcosee and their respective successors and assigns. (c) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the County of McLennan, State of Texas. -- (d) Entire Agreement Severability. This Agreement- constitutes the entire Agreement between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement- shall bind .either party unless in writing signed by both parties, and then ouch waiver, consent-, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings not specified herein regarding this Agreement- or the Equipment- leased hereunder. Any provision of this Agreement- which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent- of such prohibition or unenforceability withqut- invalidating the remaining provisions hereof, and any such prohibition or unenforceabilit-y in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the 'extent permitted by applicable law, Lessee hereby waives any provision of law which renders any provision hereof prohibited or unenforceable in any respect. (e) Lesoor's Right to Perform for Lessee. If Lessee fails to perform or comply with any of its agreements contained herein, Lessor shall have the right-, but shall not be obligated, to effect such performance or compliance, and the amount of any out of pocket- expenses and other reasonable expenses of Lessor incurred in connection with the performance of or compliance with ouch Agreement, together with interest thereon at the rate of twelve percent- (121.) per annum (or such leooer amount- as may be permitted by law) , shall be payable by Lessee upon demand. I' Page 9 IN WITNESS WHEREOF, Leasee has caused this Lease to be duly executed under seal. I City of Paris LESSEE By: (SEAL) ---- - - - - -- Complete all blank linca to t-hia point- before submitting to Leaaor ---------- Accepted this day of 19 TYMCO, Inc. d /b /a TYMCO EQUIPMENT LEASING COMPANY Lessor By: (SEAL) 225 E. Industrial Blvd. Waco, Texas 76705 EXHIBIT B LEGAL COUNSEL OPINION Date: December 12, 1994 TYMCO, Inc. P.O. Box 2368 Waco, TX 76703 RE: City of Paris I Texas' Leane / Purchase Agreement dated an of December 12 , 19 94 , with TYMCO Inc. ,.Gentlemen: An legal counsel to City of Paris ' (the "Buyer "), I have examined (1) an executed counterpart of a certain Equipment Lease /Purchase Agreement (the "Agreement ") dated December 12 19 94 by and 'etween TYMCO, Inc. as Seller, and the Buyer, ,hich, inter alia, provides for the sale to and purchase by the Buyer of certain property (the "Property "), (2) an executed counterpart of Resolution No. dated , 19 , of the Buyer which, inter alia, authorizes the Buyer to execute the Agreement and (3) such other opinions, document©. and mattere of law as I have deemed necessary in connection with the following opinions. Based upon the foregoing, it is my opinion that: (1) The Buyer is a municipal corporation, duly organized and existing under the laws of the State of Texas , with the requisite power and authority to incur obligations the interest on which are exempt from taxation by virtue of Section 103 of the Internal Revenue Code of 1954, as amended, to purchase the Property and to execute, deliver and perform its obligations under the Agreement; (2) The Agreement and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of the Buyer and the Agreement is a valid and binding obligation of the-Buyer enforceable in accordance with its terms; ;3) The authorization, approval and execution of the Agreement and all other proceedings of the Buyer relating to the trannactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding lawn and all other applicable state or federal laws; 844 Exhibit B Page 2 (4) There is no proceeding pending or threatened in any court: or before any governmental authority or arbitration board or tribunal which, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the security interest of the Seller or its assigns, as the case may be, in the Property. Respectfully submitted, By: EXHIBIT C SCHEDULE OF PAYMENTS Date: December 12, 1994 Agreement No. 941212 Custorner No. 965000 THIS SCHEDULE is issued pursuant to the Equipment Leaoe /Purchaoe Agreement dated as of December 12, 1994 , (the "Agreement ") between the parties to the Agreement to authorize installation of the Equipment listed herein. All terms used herein have the meanings ascribed to them in the Agreement. A. Payments. The payments required under the Agreement for the Equipment designated on this Schedule are $ 1,685.29 beginning March 15 , 19 95 , and continuing the 15th day of each month thereafter for the duration of the lease term (the "Agreement Payment Period "). The payments required under this Schedule are made up of the total purchase price to the City of Paris, TX of $ 86,599.25 and deferred interest charges to maturity of $ 14,518.15 for a total Agreement price of $ 101,117.40 B. Deferred interest to maturity. Deferred interest charges to maturity as set forth herein consist of services and other charges, plus interest at the the annual rate of 6.50 % on the sum of the aforementioned service charges and other charges and the Equipment purchase price. C. Late payments. There will be a charge of 1.00 % per month based on the amount of any late payments from the due date thereof until paid. D. Fiscal year. The fiscal year of the undersigned Lessee in from October 1 to `iep-ember 30 E. Prepayment and purchase schedule. The purchase price as provided in the Agreement is as follows (to be prorated for dates not specified). The Purchase Price Amount as Period of End of that Period is: original Term: 12/12/94 thru 9/30/95 :x;77,461.90 Renewal term 1 10/01/95 thru 9/30/96 61,812.68 Renewal term 2 10/01/96 thru 9/30/97 45,115.41 Renewal term 3 10/01/97 thru 9/30/98 27,299.89 Renewal term 4 10/01/98 thru 9/30/99 _ 8,291.23 Renewal term 5 10/01/99 thru 9/30/00 -0- 845 S 4 6 .. ._- .. ..............._.. ... �.. w.. ... ✓.rwxn «.V.el' /iYXM6�ryw,ywwo F. Insurance. The Lessee hereby confirms that it has obtained the insurance coverage required by Section 7 of the Agreement and it covenants and agrees that such coverage shall be maintained in accordance with the terms and conditions of the Agreement. G. Equipment description. The Equipment subject to the Agreement in as follows: Quantity Description /Serial No. Purchase Price One (1) TYMCO Model 60OM -I REGENERATIVE AIR STREET SWEEPER $86,599.25 Sweeper Serial # Truck Serial # THE TERMS GOVERNING THIS SCHEDULE ARE CONTAINED IN THE AGREEMENT REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET FORTII FULL HEREIN. The Agreement shall not be effective unless this Schedule is signed by Lessee and received by TYMCO, Inc. within thirty (30) days of the date first above stated. In addition, TYMCO, Inc. shall not be bound by the Agreement until this Schedule in executed by an authorized officer of TYMCO, Inc. Lessee: City of Paris By: Name: Title: Date: Lessor: TYMCO, Inc. By: Name: Kenneth J. Young Title: President Date: Resolution No. 95 -005, authorizing and directing the City Manager of the City of Paris to execute on behalf of the City of Paris the Lease /Purchase Financing Proposal with Associates Commercial Corporation for the purchase of one 1995 Rear Loading Refuse Compaction Truck, was presented. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. Im RESOLUTION NO. 95 -005 WHEREAS, the City Council of the City of Paris, did at its special meeting on September 19, 1994, in Ordinance No. 94 -042, authorize the purchase of a 1995 Rear Loading Refuse Compaction Truck for use in the Sanitation Department, and thereafter did advertise for bids for furnishing said Rear Loading Refuse Compaction Truck, which bids for such were received until 3:00 P.M., Tuesday, October 25, 1994; and, WIIEREAS, the best bid for such purchase was made by PECUES -HURST FORD, Post Office Box 3686, Longview, Texas 75606, and it was awarded the bid for such equipment on November 14, 1994; and, WIIEREAS, the Lease /Purchase Financing Proposal with ASSOCIATES COMMERCIAL CORPORATION for the purchase of one 1995 Rear Loading Refuse Compaction Truck is attached hereto as Exhibit A, and such Agreement should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Lease /Purchase Financing Proposal upon the terms and conditions shown in Exhibit A attached hereto, with ASSOCIATES COMMERCIAL CORPORATION, financing the purchase of a 1995 Rear Loading Refuse Compaction Truck. PASSED AND ADOPTED this 9TI -I day of January, 1995. ATTEST: r Mattie Cunningham, City Cler APPROVED AS TO j+ORM: ,--Al T. K. Haynes, City Attorney 847 84S LEASE/PURCHASE FINANCINO' PROP 0SAL FOR, , C1I?13M;'7A PROPOSAL'# 18709 (R6vlsed)- ; DPTION #1 Payments Fn-advance Numb'dr of, Peyr!,e,nts 60 ly Payment Tuning Month paymont;Ar000 0.0195415 /1�1 // • •Payment. Foctor . 39 ,� $59 5Q6 • •.'t`otelAm4nt.Funded . . � /'� • . •Annual' percbhtago u Rate. 6.69 % ; DOCUM ENTATION AND F=UNDING MUST >E, COMPLETED BY APRIL 30, 1:995 , ,,,,,, ►. , �,,.,r.�, **-"*****-"*EQUIPMENT DCS .CRIPTIQN *`�«+r�.���".,��"�r► *� rte* j LJ�L� E IP EN��O�I :iQ� (�1�NUFATIB. 3195. $67,00639 �. '19'95 NeW;Currant• Fb.ed ®fuse Compaction T ruck. TOTAL,.5QUIOMENT COST AFTER DOWNITRADE: • •, raw+ rMr. r.« r.- �.*c,r�� *«+«�++�+.**-.++�" bove, financing has been arranged by The Associbtos, for submission to'. !�'°a .. tt�e ds� 'CQ� proposal I's for financing only and is subject to:;: 1:'Ci or pletion of•.mutually acceptable documentation substantially in the form of the enclosed ; sample. clr�cuments. , of the' roposed essEntia! use of the equipment and a final credit approval for, �. ,A.roviow p rio' toJ' nding. the City of -Paris,_ Texas; p . ' e i 'l:advarse change in tha financial condition of th N e City of Paris, Texas, prior to ; 3. o mat r a funding. 4. Receipt apY Qf the last three years' audited financial statements and .the curront y co ears: budget fo"r the City of Paris, Texas. ; A i r18194. 01,40 PM 1 II7Q9.WK4 , FXWIRIT ,A VENDOR'INSTRUO.T.IONS TOR LEAS&PURGHASE .FINANCING ITEMS ROM VENDOR please send the following items to Municipal' Financial at the appropriate address listed below. 1. Dealer's Bill.of Sale- (buyer's order) addressed to the ;municipality .listing the'equlpment being : soldand.-all- vehicle identification.numbers. 2: For. cars.-and trucks, a copy of the title /roflistration of the equipment indicating the:: Mu,,glcip.ality as Registered Owner and designating The Associates, 300 East Carpa,nter. Freeway, Irving, Texas 75062,2726 as the FIRST LIENHOLDER. • 3, ;, Instructions on,your COMPANY.LETTERHEAD listing the following no we can wire transfer thQ proceeds to- yourcount: NAME,' ADDRESS AND TELEPHONE NUMBER OF YOUR BANK': BANK ROUTING NUMBER AND YOUR ACCOUNT.NUMBER AND ACCOUNT NAME. SIGNATURE AND TITLE OP THE, PERSON SUPPLYING THE INFORMATION VENDOR FEDERAL TAX I.D. NUMBER, Note: Payment to. you will be made within five business days from the' date we. receive an acceptable executed Lease - Purchase Agroement'with attachments,'tho•IRS' repgrfing- form (if applicable) and all six items outlined on this instruction. page, ITEMS NEEDED FROM THE. MUNICIPALITY The following items are required at the time of delivery and should; be.mailed to The Associates; 4'. Pirst, payment check and docurneritation fee, if ,applicable. A-Certifieate of Insurance covering the equipment .ot completed. Temporary Insurance Form which has been' pravi'ded. :6. Sigh4q UQCA form (if applicable) Mail all. materiel concerning this transaction to the address below; MAILING INSTRUCTIONS — Associates Commercial Corporatio'n' Attn:, Edward F'. Pletxke, II Vice President 3.OQ East Carpenter. Freeway. Irving, TX 75062 -2726 ;Im,modiately a6lse'us'(1 -500 -421 =4779) of any change in prices, ' equipment, terms( or' tzE .sEIPURCMASE FINANCING.-PROPOSAL FOR.,,.: _t P I EYAS PROPOSAL # -18709 (Revised) 5, No charigo.in Federal or applicable state or local tax law,: regulations, case law, rulings, °.or. other -interpretations by the Internal Revenue Service that would affect adversely any federal,, state or- local tax benefit assumed in determining the above proposal. Tha t the City of Paris, Texas, qualifies as a political subdivision as defined in the Internal :Revenue Code. . 1 a709.WK4 2 1111619�4� b3:40 PM ; Resolution No. 95 -006, authorizing the City Manager of the City of Paris to execute on behalf of the City of Paris the agreement with Case Power & Equipment Company for the purchase of one 1995 4 -Wheel Drive Backhoe, was presented. A motion was made by Councilman Fulbright for approval of the resolution. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. f RESOLUTION NO. 95 -006 WHEREAS, the City Council of the City of Paris, did at its special meeting on September 19, 1994, in Ordinance No. 94 -042, authorize the purchase of a 1995 4 -Wheel Drive Backhoe for use in the Street Department, and thereafter did advertise for bids for furnishing said 4 -Wheel Drive Backhoe, which bids for such were received until 3:00 P.M., Tuesday, October 25, 1994; and, WHEREAS, the best bid for such purchase was made by CASE POWER & EQUIPMENT COMPANY, 2240 N.E. Loop 286, Paris, Texas 75460, and it was awarded the bid for such equipment on November 14, 1994; and, WIIEREAS, the Agreement with CASE POWER & EQUIPMENT COMPANY for the purchase of one 1995 4 -Wheel Drive Backhoe is attached hereto as Exhibit A, and such Agreement should be approved; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Agreement upon the terms and conditions shown in Exhibit A attached hereto, with CASE POWER & EQUIPMENT COMPANY, financing the purchase of a 1995 4 -Wheel Drive Backhoe. PASSED AND ADOPTED this 9TH day of January, 1995. ATTEST: Mattie Cunningham, City Cie APPROVED AS TO' FORM: T. K. HAynes, G21fity Attorney Don Shelton, Mayor 851 52 Print6d !n U.S.A. AGREEMENT by and botweon located at AGREEMENT City of F(P , `o. 3928 Rov. 4 Stato/Provinco of , Its successors, assigns, and /or nominees (hereinafter called "LESSOR'') and the undersigned Munlcipalily (hereinafter called the 'LESSEE= "). 1. DESCRIPTION OF EOUIPMENT. LESSOR has purchased Ilia equipment described below (hereinafter referred to as "Equipment ") from the manufacturer and simultaneously LESSEE hereby leases the Equipment from the LESSOR subject to the forms and conditions set forth below: 2. TERM OF AGREEMENT. The term of this Agreement shall be months, beginning on , 19 , and ending on 19 3. PAYMENT. a_ LESSEE agrees to pay to LESSOR a total of, payments of $ consisting of a principal amount of $ plus Interest applied to the principal at lho rate of _ % per annum which results in a finance charge of S according to the following schedule: 1, An advance payment in the sum of S to be applied to the first rental period. 2. The balance of the total of payments to be payable in payments of $ each duo at the beginning of each month portion beginning the day of , 19 . b. LESSEE hereby agrees to pay interest on each payment past duo more than ton (10) days M the highest contract rate allowed by law, 4. MUNICIPALITY'S OPTION TO PURCHASE. LESSOR hereby grants to LESSEE. (municipality) the option to purchase tho Cquipment, providod that LESSEE gives notice to LESSOR, In writing of his intention to exerciso the option at lease dayYs prior to the expiration of this Agreement, and provided further that LESSEE'S right to so purchase the Equipment is conditlonod on LESSEE's complete performance of all the terms and provisions of this Agreement on Its part to be performed, including full compliance with lho payment as specified herein. a. Should LESSEE exorcise the option to purchase, % of the portion of oach payment applied to principal paid hereundbr shall be applied to the purchase price of the Equipment. On receipt of the balance of the purchase price by LESSOR, together with a-sum equal to any new or applicable unpaid sales and use taxes, LESSOR will transfer title of the Equipment to LESSEE, and will deliver, on written request, written evidence of the transfer of such title. b. The Purchase Price of the Equipment applicable to this option to purchase is the sum of 5. LOCATION OF EQUIPMENT. a. The Equipment shall be located at during the entire term of this Agreernont. LESSEE shall not, without the prior written consent of LESSOR, permit the Equipment to be removed from this location, b, Al the request of LESSOR, LESSEE will join LESSOR In executing one or more Financing Statements, pursuant to the Uniform — Commercial Code or other registration law applicable to the location of the Equipment and /or the LESSEE, in form satisfactory to LESSOR; LESSEE- will pay the cost of filing the Financing Slatornent(s) in all public offices wherever filing is doomed by LESSOR to be necessary or desirable. 6. WARRANTY. LESSOR makes no representations or warranties with respect to the Equipment set forth herein. Any warranties Provided by LESSOR on the Equipment set forth heroin shall be given to LESSEE under separate agreement provided by the manufacturer of the Equipment, the receipt whereof Is hereby acknowledged by LESSEE. 7, MUNICIPALITY RESPONSIBILITIES. a, LESSEE assurnes and will pay all costs and expenses of any character, arising from lho use, possossion, or maintenance of said Equipment. b. LESSEE shall keep the Equipment free of all lions, taxes, oncumb(ances and selzure or levy; shall not use same Illegally, shall not dantago, abuse, misuse, abandon or lost) said Equipment; shall not part with possession thowof, whether voluntarily or invovntarily or transfer any Interest therein. c, LESSEE at its own cost and expense shall maintain property damago insurance against "all-risk of physical darnago" in such amounts as LESSOR may reasonably require. Such insurance shall be in a form and with companies as LESSOR shall approve, which approval shall not be unreasonably withhold, shall name LESSOR as an additional Insured and shall provide that such insurance may not be cancelled or altered as to LESSOR without at least ton (10) days prior written notice to LESSOR. LESSEE_- shall delivery to LESSOR on or before the date on which the Equipment Is delivered evidence satisfactory to LESSOR os such insurance. d. Upon execution of this Agreement, LESSFE shall provide LESSOR with an OPINION OF COUNSEL substantially In ilia form annexed hereto as Exhibit A. 8, LESSOR RIGHT OF INSPECTION. LESSOR shall have the right at any time to enter tiro promises occupied by the Equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection. 9. NON- APPROPRIATION. If funds are not allotted by the LESSEE for the next fiscal period sufficient to continue making the payments set lorth in Section "3" horoof, LESSEE may terminate this Agreement upon the expiration of the then current fiscal year. LESSEE agrees to provide LESSOR immediate notice of Its intention to terminate. 10, NON•SUEISTiTUTION. The Lessee agrees that in the event the Lessee exercises Its right to lorminato this lease In accordance with the non - appropriation provisions contained herein, the LoSseo will not purchase, lease, or rent other oqui monl for the purposo of performing the functions and projects which were to be performed by ilia Ioased equipment for a period of ninety (00) days from the date of termination of this Lease. 11. EXPIRATION OF AGREEMENT. — a. Al the expiration of the term of this Agreement as set forth in Section "2 ", and if LESSEE has elected not to exercise an option to purchase described In Section "4 ", LESSEE Shall be responsible for the delivery of the Equipment to a place designated by LESSOR. b. Al its option, LESSOR may enter the premises of LESSEE for the purpose of offecGn the removal of the Equipment to the location designated by LFStiOR. It LESSOR oxercises this option, LESSEE shall be responsible for the costs associated with the removal of the Equipment to ilia location designated by LESSOR. FXI--I I R IT A, 85i .... _ ....... ...... �. ... .... .. .'....._ ..:.....,.;. i... v......:..,.. rw. M3 ^;fni.F6YtgM!M�Q.IPYW�YdY�+f'M� 12. EVENTS CONSTITUTING LESSEE DEFAULT. LESSOR may lerrninalo this Agreement immediately upon the occurrence of any of the following events: a. LESSEE fails to pay when duo any of the payments, or to perform, or rectify breach, of, any obligation assumed by LESSEE in this Agreement. b. LESSEE makes an assignment for benefit of creditors, or is subject to any receivership, insolvency or bankruptcy proceedings. e. Any other event which causes LESSOR, In good faith, to doom Itself insecure. 13. RIGHTS AND REMEDIES Or LESSOR UPON DEFAULT, Upon Ilia occurrence of any of ilia events of default described in Section "12 ", and at any time thereafter, LESSOR may, in its discretion, exercise any one, or all, of the following rights or remodios: a. To accelerate all the payments described heroin and declare them immediately duo and payable. b. LESSEE shall be liable to LESSOR for an amount equal to the sum of the payments accelerated pursuant to Subsection "a" immediately above; said surn to be immediately due and payable as liquidalod damages and not as a penally. c. To require LESSEE to assemble Equipment at LESSEE'S expense, and make it available to LESSOR at a place to be designated by LFSSOR. LESSOR may enter the premises of LESSEE for the purposo of peacefully exorcising the rights of LESSOR set forth In this subsection. IA. WAIVER. Failure of LESSOR to exorcise any right or remedy, including but not limited to, the acceptance of parties or delinquent payments, shall not be a waiver of any obligation of LESSEE or right of LESSOR or constitute a waiver of any other similar default subsequently occurring. 15. ASSIGNMENT. a. BY L -SSOR: LESSOR may assign this Agreement and In the ovont of such assignrnont, LESSEE shall perform all promises herein to sue I , Tnoe as the owner hereof. Affor LESSEE rocoives notice of assignment hereof, LESSEE shall make all payments hereunder direct to the older horoof and LESSOR shall not be lho agent of lho holdor for transmission of payments or otherwise. b. BY ESSE LESSEE may not assign, trans for or delegate its rights or obligations under this Agreomont without the consent of LESSOR in wrrt ng. 16. ENTIRE AGREEMENT. This Agreement Is and shall bo deemed the complete and final expression of the agrooment between the Parties as to matters herein contained and relative thereto, and supersedes all previous agreornonts between the Parties parlaining to such matterG. It is clearly understood that no profniso or representation not containod herein was an inducement to olther Party or was relied upon by either Party in entering Into this Agreoront. 17. MODIFICATION. No letter, or other form of communication, passing between the Parties hereto, covoring any matter during the effective period of this Agreement, shall be doomed a part of this Agreement, nor shall it have the oilect of amending or modifying this Agreement, unless said communication distinctly states that said communication hS to constitute a part of this Agreement and is to be attached as a rider to this Agreomont and is signed by the Parties hereto. 18. CAPTIONS. Captions contained in this Agreement are inserted only as a matter of convenience and In no way define, limit or extend ilia scope or Intent of this Agreement or any provision thereof. 19. NOTICE, This deposit of written notice in the malls in an envelope certified or registered with postage prepaid and addressed to the LESSEE, at the address shown below, or to LESSOR at the address shown below, shall constitute notice pursuant to this Agreement. 20. AUTHORITY TO CONTRACT. The execution and dolivery of this Agreement will not violate or constitute a broach of any agroemont or restriction to which LESSEE is a party or is subject. IN WITNESS WHEREOF, the Parties horeto have caused this Agreement to be executed on the day of . 19 LESSOR: ay Its Date LESSOR'S address for notices under this Agreomont: Stroot City State /Province ZIP /Poitel codo LESSEE/MUNICIPALITY: Dy Its - Data — LESSEE'S address for notices under this Agreement: Street City State/Province Zlp /POatal Cede ASSIGNMENT (With Full Recourse The within Agreement, together with the indebtedness and all rights therein described, Is hereby assigned with full recourse, transferred, convoyed and set over unto J 1 CASE CREDIT CORPORATION for Its successors or assigns, for Its or their own use forever, with full power and authority v /llh regard thereto subject nevorlholoss to the conditions therein contained arid to lilo rights therein granted according to law and subject to the provisions of the current Retail Financing Agreement between Assignor and Assignee, and each assignor represents and warrants the said Instrument as genuine and in all respects what it purports to bo and has no knowledge of any fact impairing the validity thereof, and that there are no set -offs or counterclaims against the same. Paymont of the within Agreement according to its terms Is hereby guaranteed by the' undersioned. Lessor: By: Tilln•___.._ -. Resolution No. 95 -007, resolving by the City Council of the City of Paris and the County Commissioners of the County of Lamar that the proposal of Genescreen for the use of space at Paris -Lamar County Health Department, and authorizing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris the Agreement to Provide Specimen Collection Facility with Grenscreen, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. (Assignor) 854 RESOLUTION NO. 95 -007 JOINT RESOLUTION NO. WHEREAS, the City Council of the City of Paris did in Resolution 94 -144 authorize the City Attorney to negotiate, on behalf of the City of Paris, an agreement with GENESCREEN for the use of space at Paris -Lamar County Ilealth Department; and, WHEREAS, in order to furnish the use of space at Paris - Lamar County I-leallh Department to GENESCREEN, it is necessary for the City of Paris and GENESCREEN to enter into an agreement to provide said space; and, WHEREAS, the form of Agreement To Provide Specimen Collection Facility attached hereto and Exhibit A should in all things be approved, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, TI-IEREFORI�, BE IT RESOLVED BY TI-IE CITY COUNCIL, OF TIII? CITY OF PARIS AND TIIE COUNTY COMMISSIONERS OF THE COUNTY OF LAMAR, that the proposal of GENESCREEN for the use of space at Paris -Lamar County lleallh Department is hereby accepted conditioned upon said GENESCREEN meeting all of the terms and conditions included in the agreement attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Agreement To Provide Specimen Collection Facility with GENESCREEN in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of January, 1995. ATTEST: Mattie Cunningham, City berk APPROVED AS TO FORM: T. K. Haynes, City Attorney ,a A Don Shelton, May )r APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 1995, as reflected in Book Page , of the Minutes of said Commissioners Court. ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney Deane A. Loughmiller, County Judge Lamar County, Texas 855, __....._.... �......•.v,a .Ktta:.1'�11 YrS1A 4%'0'4MII:fY01M1AYYY"' -.. - • r• GeneScreen 26M Sa•rrinu,us F"'Y..Yuitt- /11 Adhiv. 7;- %ax 75207 21.1 611.5152 S00 I),V:I T!'ST I':IS 21-16.14-.1.122 AGREEMENT TO PROVIDE' SPECIh1EN COLLECTION FACILITY This agreement for specimen collection services is made and entered into by and between GeneScreen, Inc., n Delaware corporation having its principal place of business at 2600 Slemmons Fwy, Suite 133, Dallas, TX 75207 ( "GeneScreen "), and (-PROVIDER.-) 1A'ITNESSI'sTII: WHEREAS, GeneScreen wishes to arrange for specimen collection services to provide for the taking of blood and /or tissue specimens from parties for use in genetic testing; and WHEREAS, the PROVIDER is willing to provide a facility to accommodate GeneScreen's requirements; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the PROVIDER and GeneScreen agree as follows: I. LOCATION. PROVIDER agrees to provide space for [lie drawing of blood specimens for parentage testing at the following site: II. SCHEDULE FOR SPECIMEN COLLECTION. GeneScreen and the PROVIDER agree to work together to establish a mutually agreeable schedule for specimen collection. III. INDEMNIFICATION. GeneScreen ' agrees to hold the PROVIDER and all its employees harmless of any legal liability incurred as a result of sample collection on the premises above - named. GeneScreen assumes all legal liability for the subsequent identification, testing, and reporting of genetic information. 1V. CONFIDENTIALITY OF INFORMATION. PROVIDER agrees to keep confidential the identities of any and all parties appearing for specimen collection and to refrain from disclosing the identities of said parties by any means whatsoever. GeneScreen agrees to waive the provisions of this paragraph should PROVIDER'S employees be required to serve as witness to the specimen collection or should the Court require disclosure. V. SUFFICIENCY OF AGREEMENT /MODIFICATION. It is hereby agreed by and between the parties hereto that all provisions of this agreement are contained in this written Agreement. It is further agreed that all amendments or modifications to this Agreement shall be in writing on a document requiring the signatures of both parties hereto. Vl. TERMINATION. This agreement commences upon the date signed hereinbelow and shall terminate upon a thirty (30) day written notice of cancellation given by either party to the other for any reason, with or without cause. EXHIBIT A 0 IN WITNESS WHEREOF, the PROVIDER and GeneScreen execute this Agreement in duplicate original, with each party to retain an original copy. BY ---------------------------------- Agent for the PROVIDER Dated this day of 1993. G eneScreen, Inc. BY ---------------------------------- President Dated this day of 1993. Resolution No. 95 -008, ratifying the application transmitted on December 22, 1994, to the U. S. Department of Justice, Office of Community Oriented Policing Services for a Cops Fast Program grant in the approximate amount of $300,000.00, being 75% of the estimated cost of salaries and benefits for four new officers for a three year period, with the City of Paris providing the remaining 25% of necessary funding, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. a 857 RESOLUTION NO. 95 -008 WHEREAS, the U. S. Department of Justice, through its Office of Community Oriented Policing Services, offers grant assistance though COPS FAST Program grants, which provides funds for hiring and rehiring law enforcement officers for community oriented policing; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for the COPS FAST Program up to a total amount of $300,000.00, being 75% of the estimated cost of salaries and benefits for four (4) new officers for a three (3) year period, with the City of Paris providing the remaining 25 % of necessary funding; and, WHEREAS, the City Manager of the City of Paris did heretofore execute the application for said grant, which was transmitted on December 22, 1994, a copy of which is attached hereto as Exhibit A, which execution should, in all things, be ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That the application transmitted on December 22, 1994, to the U. S. Department of Justice, Office of Community Oriented Policing Services, attached hereto as Exhibit A, for a COPS FAST Program grant in the approximate amount of $300,000.00, being 75 % of the estimated cost of salaries and benefits for four (4) new officers for a three (3) year period, with the City of Paris providing the remaining 25 % of necessary funding, be, and the same is hereby, ratified. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Representative of said project. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute, on behalf of the City of Paris, all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the City of Paris Police Department's participation in the COPS FAST grant program. PASSED AND ADOPTED this 9th day of January, 1995. Z� - Don Shelton, Mayor ATTEST: `\V %- ry ,'� % r�N�,a�) Mattie Cunningham, City Clerk APPROVED ASS`( -FORM: K. Ilaynes, Cipf Attorney s o~Q a U.S. Department of Justice Office of Community Oriented Policing Services 633 Indiana Avenue, NW, 3rd Floor (202) 514.2056 Washington, DC 20531 FAX (202) 514 -9272 a.a r.rK,.ev„N..,ns-0ne, rE_ ,nor, COPS FAST Application This FAST Application is for jurisdictions serving populations of under 50,000. This grant pays only for salaries and benefits of new or rehired police officers. Complete the information below, read the assurances on the back and the enclosed Certifications, and sign below. By signing this application you also acknowledge that COPS FAST hiring grants provide a maximum federal contribution of 75% of the salary and benefits of each officer over three years, up to a cap of $75,000 per officer, with the federal share decreasing from year to year. Applicant Organization's Legal Name City of Paris, Paris, Texas Law Enforcement Executive's Name __ Karl Louis, Chief of Police Address _181 1 Rnnham c trnnt City State Texas Zip Code _ 75460 Telephone 903 784 -5252 FAX (903) 784 -7210 Govemment Executive's Name Michael E.'Malone, City Manager Address P fl Roy 911�7 City Paris State Texas ZIP Code _75461 -9037 Telephone _(903) 785 -7511 FAX (903) 785 -8519 Number of Officers Requested Through FAST Four 4 Area of Jurisdiction (square miles) 28.01 Number of 1993 UCR Part I Crimes 1 3,396 Actual Number of Swom Officers Performing Law Enforcement Functions as of 1011194 48 Entry Level Annual Salary Per Officer 22 880.00 Entry Level Annual Fringe Benefits Cost Per Officer 8,203.00 Current Population Served (per most recent U.S. Is the applicant organization delinquent on any federal census data) debt? (If answer is yes, please attach an explanation.) 25,238 Yes ❑ No H I certify that the information provided on this form is true and accurate to the best of my, kit oudedge. 1 understand that the applicant must comply with the assurances on the reverse side if the assistance is awarded. On behalf of the applicant, 1 certify compliance with the applicable requirements of the Certifications cgarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements; and A'rn- Supplpnting\ Law Enforcement Executive's Signature Ica s--C hie of P Government Executive's Signature Michael E. Malone, City Manager Return this form postmarked by December 3), 1994 to: COPS Office, P.O. Box 14440, Washington, DC 20044. cmight mail: 633 Indiana Avenuc, NW, Third Floor, Washington, DC 20531. FAX: (202) 514 -9272. Public reporting burden for this collection of information is estimated at 55 minutes per response, including the time for rc6c,ing instructions, searching existing data sources, gathering and maintaining the data needed, and ^- - -' ation. Send comments reguding this burden estimate or any other aspects of this collection of information, including sugi mmunits, Oricntcd Policing Smices, U.S. Department of Justice, N 633 Indiana Ave., W, Third Floor, Washington, DC EX H 16 IT A .4061, Office of information and Rcrulatory Affairs, office of +h*neyq�; Assurances Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that you (t1�e applicant) will comply with these provisions. If you would like further informati any of the matters on which we seek your assurance, please contact us. on about By your authorized representative's signature, you assure us and certify to us that, if the grant is awarded, you will comply with all legal and administrative requirements that govern the acceptance and use of federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this applica- tion. 2. You will comply with the provisions of federal law which limit certain political activities of your employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restric- tions are set forth in 5 U.S.C. § 1501, tLgq, 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, moti- vated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. You will give us or the Comptroller General access to and the right to examine records and documents related to the grant. •6. You will comply with all requirements imposed by us as a condition or administrative requirement of the grant, with the requirements of OMB Circulars A -87 (governing cost calculations) and A -128 (governing audits), with the appli- cable provisions of the Omnibus Crime Control and. Safe Streets Act of 1968, as amended, with 28 CFR Part 66 (Uniform Administrative Requirements), with the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, and with all other applicable laws, orders, regulations, or circulars. 7. You will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within the swom positions in your agency. B. You will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the nondis- crimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301 - 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, el ,5=.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101,gq.) and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin or sex against you after a due process hearing, you agree to forward a copy of the finding to the Office of General Counsel, COPS, P.O. Box 14440, Washington, DC 20044. B. If you are applying for a grant of $500,000 or more and Department regulations (28 CFR 42.301 1 M.) require you to submit an Equal Opportunity Employ- ment Plan, you will do so at the time of this application, if you have not done so in the past. 9. You will insure that the facilities under your ownership, lease or supervision which shall be ulilize_d in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPA indicating that a facility to be used in this grant is under consideration for listing by EPA. 10. If your state has established a review and comment Procedure under Executive Order 12372 and has selected this program for review, you have made this application available for review by the Slate Single Point of Contact. Resolution No. 95 -009, resolving that the bid of Kenko, Inc. for the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant, EDA Project No. 08 -01 -02814 be accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -009 WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of July, 1993, pass Resolution No. 93 -064, which said Resolution was incomplete and requires correction; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that Resolution No. 93 -064, be, and the same is hereby, amended to read as follows: "WHEREAS, the City Council of the City of Paris did, in Resolution No. 92 -099, on November 9, 1992, accept the Financial Assistance Award from the Economic Development Administration in the amount of $1,500,000.00, being approximately 29.7% of the estimated cost of the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant, with the City of Paris providing $3,550,000.00 in -kind services and funds; and, WHEREAS, the City Council of the City of Paris did, in Resolution No. 93 -035, on February 15, 1993, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08-01-02814", which bids were received until 3:00 o'clock P.M., Tuesday, April 20, 1993; and, WHEREAS, the best bid for such construction project, in the amount of $3,657,005.80, was made by KENKO, INC. and it should be awarded the bid for such construction; and, WHEREAS, the portion of the bid amount to be funded by said Financial Assistance Award will be $1,086,130.70, being approximately 29.7% of the total bid, with the balance of $2,570,875.10 to be funded by the City of Paris; and, WHEREAS, the form of such contract for such construction project, attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the bid of KENKO, INC. for the construction project in the amount of $3,657,005.80 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 form of contract for such construction project, attached hereto as Exhibit A, is hereby approved, and that the Mayor of the City of Paris, George Fisher, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with KENKO, INC. for the "RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814 ", upon the terms and conditions and in the form shown in Exhibit A, attached hereto. " PASSED AND ADOPTED this 9th day ol' January, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: K. Haynes, �;dy Attorney Resolution No. 95 -010, authorizing and directing the City Manager of the City of Paris, Michael E. Malone to approve on behalf of the City of Paris the Easement and right -of -way from the Texas Department of Transportation, Paris District, to TU Electric in order that TU Electric can complete the work required to reroute the service to the Engineering Building and District Headquarters of the Texas Department of Transportation, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 'i 862 RESOLUTION NO. 95 -010 WHEREAS, the City Council of the City of Paris did, in Resolution No. 584, dated February 25, 1955, authorize the execution of a long term lease with the Texas Department of Transportation, formerly known as Highway Department of the State of Texas, for a six acre tract of land on North Main Street in the City of Paris; and, WHEREAS, the Texas Department of Transportation desires to execute an easement and right -of -way to TU Electric, attached hereto as Exhibit A, in order that TU Electric can complete the work required to reroute the service to the Engineering Building and District Headquarters of the Texas Department of Transportation, and has requested that the City of Paris, as Lessor, approve the same; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that the easement and right -of -way from the Texas Department of Transportation to TU Electric be approved; and, WHEREAS, the City Manager, Michael E. Malone, should be authorized to sign the Easement and Right -of -Way, attached hereto as Exhibit A, showing the approval of the City of Paris as Lessor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to approve, on behalf of the City of Paris, the Easement and Right -of -Way from the Texas Department of Transportation, Paris District, to TU Electric, in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of January, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS T0,FORM: K. PaynKS, CiiXAttorney EASELENT AND RICK OF WAY THE STATE OF TEXAS District: Paris WA /Prof.: 4231/330665 Map Ref.: 2591 -735 Easement No.: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That the STATE OF TEXAS hereinafter called 'Grantor,' whether one or more, for and in consideration of Ten Dollars elo.00) and other valuable consideration to Grantor in hand paid by Texas Utilities Electric Company, a Texas Corporation, 1601 Bryan St., Dallas, Texas 75201, hereinafter referred to as 'Grantee', has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of- way for overhead and /or underground electric supply and communications lines, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE ATTACHED EXHIBIT 'A' Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of- way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the same general direction of said lines; the right to relocate said lines in the same relative position to any adjacent road 11 and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable alongg said lines; the right to prevent excavation within the easement area or for a distance of 5 feet on each side of the actual center of said lines; the right to prevent construction of, within the easement area or for a distance of 5 feet on each side of the actual center of said lines, any and all buildings, structures or otTier obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and /or convenient operation of said lines and their appurtenances and the right to trim or remove trues or shrubbery within, but not limited to, said 10 foot space, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns., limited to Grantor's leasehold interest. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof., limited to Grantor's leasehold interest. WITNESS hand(s) this day of , 19 State of exas agreed to: City of ar s by Michael L. Malone, City Manager EXHIBIT STATE OF TEXAS COUNTY OF 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 lie executed the same as the act and deed of , as the thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of , A.D. 19 Notary Public in and for the State of Texas (Print Name of Notary Public Here) My Commission Expires: STATE OF TEXAS ) COUNTY OF LAMAR ) day BEFORE 11E, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Hanager 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, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January-, 1995. Notary Public, State of Texas EXHIBIT "A" Page 1 STATE OF TEXAS COUNTY OF LAMAR BEING the centerline of a 10 foot width TU Electric Easement in the City of Paris, Lamar County, Texas in the R. Russell Survey and being a part of a six acre tract of land described in an Agreement demising, leasing, and letting said tract of land from the City of Paris, a Municipal Corporation, to the State of Texas, and recorded in Volume 347, Page 46 of the Deed Records of Lamar County, Texas and being more fully described as follows; COMMENCING at the Southeast corner of said tract of land, same corner being a point in the West Right -of -Way line of U.S. Highway 271, also called North Main Street; TIIENCE North 01 deg. 14 min. 00 sec. East along the West Right -of -Way line of U.S. Highway 271 for a distance of 140.00 feet to the POINT -OF- BEGINNING of the Centerline of the 10 foot width TU Electric Easement; TIIENCE North 88 deg. 46 min. 00 sec. West for a distance of 72.00 feet to a corner; THENCE South 71 deg. 22 min. 41 sec. West for a distance of 38.25 feet to the Beginning of a TU Electric Transformer Easement described as follows; THENCE South 01 deg. 14 min. 00 sec. West for a distance of 10.00 feet to a corner; THENCE North IIB deg. 4,6 min. 00 sec. West for a distance of 20.00 feet to a corner; TIIENCE North 01 deg. 14 min. 00 sec. East for a distance of 20.00 feet to a corner; THENCE South 88 deg. 46 min. 00 sec. East for a distance of 20.00 feet to a corner; TIIENCE South 01 deg. 14 min. 00 sec. West for a distance of 10.00 feet to the Beginnning of the Transformer Easement. .866 10.0C) FT. 5 of, 14' 0p" W Z0,00 FT. 588° gVDVI EXHIBIT "A" Page 2 5CRLE'. I' -40' N POWT OF QEGINNIIJG or TU ELECTKIL TRHNSFDRN[F ERSEMENT i 2 . M FT. TD.00 FT. I TFt144 N01' 14 00 E —�I ESMT. _- 1t /TrE'4i 10.00 FT. 10.00 FT. 14 88* qr 01_') "W S 01'114'00"W PL Bu1LbiuG ti o LL o a ? O ° z a Z 3 0 Po n r of Br ,, jNN,nJC, nF CErJTERuNE 6r 1b FT. WIDTH TO ELELTRIL EP3rHENT W w t— t�' Q 3 z vi j = f- cC d ��7 P1D�INT DF r mP'ILmn/V6 Resolution No. 95 -011, approving the Special Warranty Deed from the City of Paris to Donald G. Wilson for the purchase of abandoned railroad right -of -way which could be used as street right -of -way for connection between lst Street S. W. and 4th Street S. W. to enhance that industrial area, and authorizing and directing the Mayor of the City of Paris, Don Shelton to execute on behalf of the City of Paris the Special Warranty Deed, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -011 WHEREAS, the City Council of the City of Paris did in Resolution No. 94 -129 authorize the City Attorney to negotiate with the Southern Pacific Transportation Company for the purchase of abandoned railroad right -of -way which could be used as street right -of- way for a connection between 1st Street S.W. and 4th Street S.W. to enhance that industrial area; and, WHEREAS, the purchase price of such property was contributed by Donald G. Wilson; and, WHEREAS, Donald G. Wilson promises to convey right -of -way from property owned by him in the future for the City's procurement effort; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the form of Special Warranty Deed from the City of Paris to Donald G. Wilson, be, and the same is hereby approved; and, BE IT FURTHER RESOLVED, that the mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Special Warranty Deed in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 9th day of January, 1995. i_e�� Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED ASTO FORM: - G T. K. Haynes, eity Attorney • t X68 STATE OF TEXAS COUNTY OF LAMAR SPECIAL WARRANTY DEED } } } KNOW ALL MEN BY TIIESE PRESENTS: That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized, for and in consideration of the sum of Eight Thousand Five IIundred no /100 Dollars ($10.00) cash and other good and valuable consideration, to it in hand paid by DONALD G. WILSON the receipt and sufficiency of which is hereby acknowledged, and the promise to convey right -of -way, as owned by grantee, to connect 4th Street S.W. to 1st Street S.W.; has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey unto the said DONALD G. WILSON of the County of Lamar, State of Texas, whose mailing address is 1401 3rd Street S.W., Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Larkin Rattan Survey //778, and being tracts of land conveyed by II. W. Lightfoot to the Texas Midland Railroad by deed recorded in Book 81, Page 52, Lamar County Deed Records and being more particularly described as follows: BEGINNING at a point for corner in the South Line of said Company at the center line of 4th Street S.W., same being the Southeast corner of that certain tract of land conveyed by Southern Pacific Transportation Company to the City of Paris, recorded in Book 45, Page 73, Lamar County Real Property Records; THENCE North with the center of said 4th Street a distance of 30.0 feet to a point for corner; THENCE South 89 Degrees, 57 Minutes, 40 Seconds East with the North line of said Company a distance of 240.03 feet to a point for beginning of a curve to the left having a radius of 701.2 feet; THENCE Northeasterly with said curve having a long chord bearing North 70 Degrees, 10 Minutes East 542.12 feet, an arc distance of 556.62 feet to the end of said curve and the beginning of a curve to the right having a radius of 394.3 feet; THENCE Northeasterly with said curve having a long chord bearing North 23 Degrees, 59 Minutes East 313.36 feet, an arc distance of 322.26 feet to a point for corner in the West line of 1st S.W. (formerly Wall Street); THENCE South 0 Degrees, 19 Minutes West with said West line a distance of 403.3 feet to an iron pin set for corner in the South line of said Southern Pacific Transportation Company; THENCE South 80 Degrees, 15 Minutes West with said South line a distance of 247.96 feet to a point for corner; THENCE South 81 Degrees, 23 Minutes West a distance of 366.64 feet to a point for corner; LXHIBIT A THENCE North 89 Degrees, 57 Minutes, 40 Seconds West with said South line a distance of 268.33 feet to the place of beginning and containing 1.355 acres of land in accordance with a survey made on the ground by R. Brandon Chaney, Registered Public Surveyor No. 4057, State of Texas on December 19, 1994. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said DONALD G. WILSON, his heirs and assigns forever; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said DONALD G. WILSON, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it, but not otherwise. WITNESS its hand at Paris, Texas, this 9th day of January, A.D. 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney '. 1 ir, THE STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Don Shelton, Mayor 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 9th day of January, 1995. Notary Public, State of Texas Resolution No. 95 -012, resolving that the City of Paris requests that the Texas Parks and Wildlife Department file with the Interstate Commerce Commission for railbanking of the Paris to Farmersville Rail Corridor, and further request that the Texas Parks and Wildlife Department and the Texas Department of Transportation, acting on behalf of the cities and counties along the corridor, explore appropriate options to acquire, develop, and manager the corridor for interim trail use, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 870 RESOLUTION NO. 95 -012 WHEREAS, federal funds from the Surface Transportation Program known as °transportation enhancements" are available for pedestrian and bicycle facilities, as well as for preserving abandoned rail corridors by converting them to trails; and, WHEREAS, the Texas Department of Transportation has the responsibility for selecting and funding eligible projects within the State, and $50 million worth of projects are expected to be funded in fiscal year 1996; and, WHEREAS, the RAIL CORRIDOR between Paris and Farmersville is currently being proposed to the Interstate Commerce Commission for abandonment of freight rail service; and, WHEREAS, railbanking this corridor will preserve the last remaining rail corridor serving the communities of Roxton, Ben Franklin, Pecan Gap, Ladonia, Wolfe City, and Merit; and, WIIEREAS, the Texas Parks and Wildlife Department is willing to file a railbanking /interim trail use request with the Interstate Commerce Commission on behalf of the interested cities and counties located along the corridor; and, WHEREAS, the City of Paris seeks to promote opportunities for its citizens, tourism and economic development, and preservation of its natural and historic resources; and, WHEREAS, the Texas Parks and Wildlife Department and the Texas Department of Transportation are willing to provide technical assistance to the interested cities and counties along the corridor to help them preserve the right of way for railbanking and interim trait use through a partnership arrangement; NOW THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the City of Paris requests that the Texas Parks and Wildlife Department file with the Interstate Commerce Commission for railbanking of the Paris to Farmersville RAIL CORRIDOR, and further requests that the Texas Parks and Wildlife Department and the Texas Department of Transportation, acting on behalf of the cities and counties along the corridor, explore appropriate options to acquire, develop, and manage the corridor for interim trail use. PASSED AND ADOPTED this 9th day of January, 1995. /Z- Don Shelton, Ma or ATTEST: Mattie Cunningham, City rk APPROVE S O FORM: T. K. Haynes, City Attorney 871 RESOLUTION NO. 95 -013 WHEREAS, the City Council of the City of Paris did, in Resolution No. 88 -006, on January 11, 1988, assure the Texas Department of Transportation, formerly the State Department of Highways and Public Transportation, that the City of Paris was firmly committed to the 1st Street N.W. Reconstruction Project under the 1983 -1986 Urban Project Number MH715 and to the procurement of right -of -way for the same, and authorize and direct the City Attorney, T. K. Haynes, to proceed to procure such necessary right -of -way; and, WHEREAS, the City Attorney did, on June 30, 1994, procure the property located on part of Lots 6 and 7, City Block 251A, in the 1200 block of North Main Street, Paris, Texas, shown in the Right -of -Way Deed from Ray Spencer to the City of Paris, recorded in Volume 475, Page 78, Real Property Records, Lamar County, Texas; and, WHEREAS, the 1st Street N.W. Reconstruction Project will not be undertaken for several years, and it would be beneficial for the City of Paris to lease said property in the meantime, and the City Attorney, T. K. Haynes, should be authorized to negotiate for a lease for said property until such time as the Project begins; NOW, THERCFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that T. K. Haynes, City Attorney of the City of Paris, be, and he is hereby, authorized and directed to negotiate for the lease of the property located on part of Lots 6 and 7, City Block 251A, in the 1200 block of North Main Street, Paris, Texas, until such time as construction shall begin on the 1st Street N.W. Reconstruction Project. PASSED AND ADOPTED this 9th day of January, 1995. Don Shelton, Mayor A'T'TEST: Mattie Cunningham, City Clerk APPROVED 89 TO- FORM: K. Ffaynes, City Attorney Resolution No. 95 -014, authorizing that an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for a Texas Narcotics Control Program, Regional Controlled Substance Apprehensive Program, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds totaling $366,421.50 and 25% local matching funds totaling $122,155.50, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 95 -013, resolving that T. K. Haynes, City Attorney of the City of Paris, be, and he is hereby authorized and directed to negotiate for the lease of the property located on part of Lots 6 and 7, City Block 251A in the 1200 block of North Main Street, until such — time as construction of the 1st Street N. W. Reconstruction Project, was presented. A motion was made by Councilman Jenkins for approval of the resolution, The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. R RESOLUTION NO. 95-014 WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), Regional Controlled Substance Apprehension Program, and the Criminal Justice Division, Office of the Governor has been designated to administer the program in the form of grants to units of government; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance which will focus on drug law enforcement; and, WHEREAS, if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $366,421.50, and 25 % local matching funds totaling $122,155.50; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for A Texas Narcotics Control Program, Regional Controlled Substance Apprehension Program, and if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $366,421.50 and 25 % local matching funds totaling $122,155.50. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, Chief, Paris Police Department, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of said project. PASSED AND ADOPTED this 9th day of Januar , 1995. Don SI elton, Ma or ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, City Attorney 873 N APPLICATION FOR STATE OR FEDERAL ASSISTANCE OFFICE OF The GOVERNOR, CRIMINAL JUSTICE DIVISION 1. For CJD Use Only 3. a. Date Submilled b. Applicant Identifier 2. FedenV51ale Program Classification, (For, CJD,Use Only).. 4. a. Dale Received by Slale/COG b. Slate Application Identifier S. Applicant Information a. Legal Name: c. Organizational Unit. Ci.t oC Pari.. Police Department b. Address (vivo sfreo( or P. O. Box, city, Vata, and zip coda) d. Name, leleptlone, and fax number of the person to be contacted concerning this application (give area code). P. 0. Box 9037 Paris, Texas 75461 -9037 W. E. Anderson (903) 705 -7511 Ext. 241 (903) 785 -8519 Fax G. Slate Payee Idenlfficallon Number 7. Type of Applicant (enter tho appropriato Iat(er In box) r 1-7560006359000 A. Slalo 11. IndopandonlSclloolDistrlcl D. County I. Stale Conlrollod Instilullon.(Higher Learning C. Mrxticipai J. Priyalo Univorsily D. Townsidp K Indian Tribe E. Inlorclale L. Individual 0. Type of Application: O New C Continuation F. Inletinunidpal M. Prlvale Nonp(oril Corporation G. Spocialoklticl N. Other (spo6fy): 95=96 g. Name of Grantor Agency: If continuation, enter year of funding Office of the Governor, Crlminal Justice Division 13. 0. Box 12420 10. If Application for Federal Funds: Austin, Texas 70711 Cheek Catalog or Federal Domestic Assistance Number: (only one) 11 Geographic Areas or Project ncl'rvities (Cities and Counties) — O 16.540--Juvenile Justice b Delinquency Prevention Act • O iG.575— Victims of Crime Act City of Paris Red Raver County IX 16.579--Texas Narcotics Control Program City of llonhatn Fannin County O iG.500 -1-119h Intensity Drug Trafficking Program Lamar County 12. Title or Project: 13. Proposed Project: a. Stall Date: b. Ending Dale: 06/01/95 05/31/96 14. If Application for Slate Funds: ..................................................:...................... ............................... ........................................................................................................................................... ......................._....... a. Check appropriate fund• (only one) i b, if 421 fund, check priority: (only one) c. Check One: 0421 Fund ; O C.J. Planning O Law Enforcement Training O Juvenlle O Crime Stoppers Assistance Fund ; O Violent Crirnc 6 Drugs O Gangs O Victims Non- )uvenlie O Olhcr Fund 15. Requested Funding: 1G. Is application subject to review by slate executive order 12372 proeess7 O YES, lhls application was provided to the Texas Review acid Comment System a. Federal Grant Funds (CJD) S 325, 718.00 Ciox » ................................................................... ............................... (TRACS) for review on b. Stale an O...... S 00 Funds (CJD) (date) O Program Is not covered by E. O. 12372 c. Cash Match S 162, 859.00 WX ._ .... .. ..... ... ............... _. ................ _ ...... .................................................... O Program has not been selected by state for review d• In -land S .00 17. Is (tie applicant delinquent on any federal debl7 O YES If "Yes' attach an explanation NO (voeA L 1-o s v only) e. TOTAL S 1 188 577 00 Dli'x 10. To the best of my knowledge and belie(, all data In this applicallon is true and correct. The document has been duty aulhorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Official I b. Title c. Telephone Number Michael E. Malone I City M:I11:11;er I (903) 785 -7511 _ ............ .._.................. _ .... __.__ ._ — ___._...__�_ _ __— d Slgnaiure of Auilrorized Official _______......_._- •- - - -.._ ._.___..— ...- - -_.._ .._....._..._...._._.___._ __— �_....._.__. e. Dale Signed EXHIBIT A I Januai -y 9, 1995 875 City Manager Malone called for consideration of and action on authorizing a project for drainage at 6th Street S. E. and Fort Street to be funded by the Certificates of Obligation, Series 1993. City Manager explained that there has been a request by a citizen for a drainage project at this location. This is property that is just South of the Pathology Clinic across from the Probation Department is located. City Manager Malone told the Council that water comes from the East down Fort Street, and comes from the North down 6th Street S. E., jumps the curb, goes under a house, down the driveway and through the backyard. City Manager Malone said there was also a project in the 200 block to 300 Block of 33rd Street S. E., part of our summer program this summer is to do work on Margaret Street, and Mr. Huddleston has been utilizing funds that is currently budget to do replacement curb and gutter work on Margaret Street, with residents that have already paid originally, but on 33rd Street on these two corner lots there is a section that is without curb and gutter, and it causes maintenance problems for the city. City Manager Malone advised the Council that on the 6th Street Drainage Project, the cost estimate is $81,120.00, and the cost estimate for the curb and gutter project on 33rd S. E. is $26,575.00. City Engineer, Earl Smith, came forward telling the Council this is a local type project that will solve the problem that exist right in this specific area, and it is in compliance with the Master Drainage Plan. Mr. Smith advised that to his knowledge Ms. Shonebarger has never had water in her home; however, her house is an old house, sets up off the ground 4 or 5 inches, and if it wasn't for that it probably would get water in her house. Mr. Smith said that water gets inside her car, and she has had to made repairs to her house on several occasions, replaced her driveway several times, and the neighbor have similar problems. After further discussion, a motion was made by Councilman Clifford, seconded by Councilman Brown to table action on the drainage project at 6th Street S.E. and Fort Street, and City Staff was instructed to bring a recommendation back to the Council regarding the proposed Drainage Project at 6th Street S. E. and Fort Street, and the Council would like to look at the possibility of the City buying Ms. Shonebarger's property. The motion carried 7 ayes. 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing the project for curb and gutter in the 300 to 200 block of 33rd S. E. to be funded by the Certificates of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. City Manager Malone advised the next item on the agenda is a public hearing for the Ms. Pat Turpin, Emergency Communications Division, Grievance Appeal. Mayor Shelton declared the public hearing open and called for Mr. David Hamilton, attorney for Pat Turpin to appear. Mr. Hamilton was not present. City Manager Malone advised that this matter involves a suspension of Ms. Pat Turpin who is a member of the Emergency Communications Division of the Paris Police Department. City Manager Malone read his memorandum to Pat Turpin as follows: Subject - Disciplinary Suspension Grievance Hearing I conducted your grievance appeal hearing on the 3rd day of November, and the 16th day of November, 1994, at which you were represented by your attorney, David Hamilton. I have reviewed the testimony of all witnesses and all written material pertaining to this issue. -- After reviewing the evidence and testimony, I am not persuaded to overturn Personnel Manager Gene Anderson's decision to uphold Chief Karl Louis' decision to suspend you for two weeks. My suggestion to you is to accept the fact that Pam Smith is a member of the Emergency Communications Division Team and that she carries her previous seniority in the department with her. You now have reached a point in your career with the City of Paris where you have two options: (1) Conform to the rules and regulations of the City of Paris, the Paris Police Department and the Emergency Communications Division or (2) Force the City of Paris to terminate your employment in the vent you conduct yourself in a manner which violates the Rules and Regulations of the City of Paris. This decision is yours alone and I hope that your decision is to continue your career with the City of Paris in a positive manner. CONCLUSION: Pat Turpin's suspension of two weeks is upheld. No one else appeared before the Council, and the public hearing was closed by Mayor Shelton. A motion was made by Councilman Clifford to affirm the City Manager's action regarding the grievance of Pat Turpin. The motion was seconded by Councilman Fulbright, and carried 7 ayes, 0 nays. Mayor Shelton referred a proposal of the Red River Valley Fair Association for street closure on the fairgrounds to the Planning and Zoning Commission on February 6, 1995, and before the City Council February 9, 1995. City Attorney Haynes did not have any reports for the Council. City Manager Malone reported that on the Raw Water Line Project the pipeline is installed and in use, we still need to rehabilitate one of our pumps and correct balance problems on existing motors, and the project is now 99% complete with a total construction cost of $3,700,008.00. City Manager also reported that the Booster Pump Station - the project is approximately 80% complete, the total construction cost $2,089,331.00. The justification for this project is to rearrange the pumping system and lower electrical cost. City Manager said the Water Treatment Expansion Project is approximately 7% complete, total construction cost of $4,783,965.00. There being no further business the me e i g ad j r d� 8:40 P. M. O'N SHELTOW, 1"AYM.,,/VTY OF PARIS ATTEST: MATTIE CUNNINGHAM, CITY ERK 877 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 17, 1995 The City Council of the City of Paris met in special session, Tuesday, January 17, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tem, Eric S. Clifford called the meeting to order with the following Councilmembers present: Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the personal appearances, and called for Mr. E. to appear regarding zoning on Lots 3, Addition. first item on the agenda was Terry Efaw, 625 26th Street N. 4, and 5, Block B, Ridgecrest Mr. Terry Efaw, 625 26th Street N. E., came forward telling the Council that he and his wife was over 50 years old and one of their main dreams was to own a home in nice neighborhood, and when they purchased their home, that is what they thought they had. One of the things they did not want was duplexes in their neighborhood, and if Mrs. Johns zoning change is approved, that is what is going to happen, then the next change will be rezoning across the street next to his property. Mr. Efaw asked the Council if you spend your life savings building a dream house, would they want to have duplexes next door, and said he did not think they would. Mr. Efaw said it was his feeling that people would take better care of a rent house than an apartment or duplex. Mr. Efaw further stated that duplexes would devalue his property. Mr. Efaw presented the Council with a letter written by Garland Lamb serving as notice of his opposition to the rezoning as follows: "It is my opinion that in the future, this change in zoning may possibly affect the resale of one family dwellings as well as change the climate of the street. I am not opposed to the building of one family dwellings intended to be rental properties. Please carefully consider this in making your decision in this matter. The families who currently live nearby deserve to be considered in this final decision. Garland Lamb." Mayor Pro Tem Clifford called for citizens owning property within 200 feet of property on Lots 3, 4, and 5, Block B, Ridgecrest Addition regarding zoning to come forward, and none appeared. Mayor Pro Tem Clifford called for Mr. and Mrs. Robert Johns to come forward regarding zoning on Lots 3, 4, and 5, Block B, Ridgecrest Addition, and Mrs. Jill Johns, 577 Timberbrook Drive, appeared before the Council presenting a petition in favor of the zoning change containing four signatures of property owners along with a packet containing a floor plan of the proposed duplexes. Ms. Johns explained that each lot shall contain no more than one duplex constructed on its premises, each duplex shall contain a minimum of 1800 square feet, constructed of brick veneer with the construction being in compliance with existing structures, privacy fencing in patio area, and they would be responsible for the maintenance and up -keep of the yard areas. 8!9 Robert J. Johns also appeared stating that he felt that Jill had cover everything, but as a second option they would build two bedroom, two bath houses on this property of masonite structure, front entry, no garage, and no carport. Mr. Johns said they were looking at something that was economical and where they would get a return on their investment. Mr. Johns estimated the cost of this would be approximately $35,000.00 to $40,000.00. Councilman John Bell requested to be excused from the council meeting due to conflict of interest. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins to excuse Councilman Bell. The motion carried 4 ayes, 0 nays. City Manager Malone called for reconsideration of Ordinance No. 95 -005, and advised that there were three option, no action which affirms the ordinance, amend the ordinance, or repeal the ordinance. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins to take no action which affirms Ordinance No. 95 -005. The motion carried 4 ayes, 0 nays. A motion was made by Councilman Brown, seconded by Councilwoman McDonald to allow Councilman Bell to return to the council meeting. The motion carried 4 ayes, 0 nays, and Councilman Bell returned to the council meeting. City Manager Malone announced that the next item on the agenda was consideration of and action on authorizing the preparation of an ordinance amending all previously passed ordinances which amended Zoning Ordinance No. 1710 providing for penalties and effective dates. A motion was made by Councilwoman McDonald, seconded by Councilman Bell authorizing the preparation of an ordinance amending all previously passed ordinances which amended Zoning Ordinance No. 1710 providing for penalties and effective dates. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -009 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ALL ORDINANCES HERETOFORE PASSED WHICH AMEND ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED TO INCLUDE A PENALTY; PROVIDING THAT ALL SUCH ORDINANCES BE GIVEN AN EFFECTIVE DATE OF FEBRUARY 1, 1995, FOR PENALTY PURPOSES ONLY; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Resolution No. 95 -015, amending Resolution No. 95 -014 resolving that an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for A Texas Narcotics Control Program, Regional Controlled Substance Apprehensive Program, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds totaling $366,421.50 and 25% local matching funds totaling $122,155.50., was presented. A motion was made by Councilman Brown, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. SISO RESOLUTION NO. 95 -015 WHEREAS, the City Council of the City of Paris did heretofore on the 9th day of January, 1995, pass Resolution No. 95 -014, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95 -014, be, and the same is hereby amended to read as follows: "WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100- 690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), Regional Controlled Substance Apprehension Program, and the Criminal Justice Division, Office of the Governor has been designated to administer the program in the form of grants to units of government; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance which will focus on drug law enforcement; and, WhIEREAS, if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $366,421.50, and 25 % local matching funds totaling $122,155.50; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS: 1. That an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for A Texas Narcotics Control Program, Regional Controlled Substance Apprehension Program, and if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $366,421.50 and 25 % local matching funds totaling $122,155.50. 2. That Michael E. Malone, City Manager of the City of Paris, be, and lie is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That James A. Barnett, Assistant Chief, Paris Police Department, be, and lie is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of said project." PASSED AND ADOPTED this 17th day of Januar 95. Eric S. O ii ord, Mayor Pro Tern ATTEST: 1 Mattie Cunningham, City Cl r .APPROV AS TO FOR T. k. I- ay s, City Attorney -- 1-11I LII,AIJUN IUIt .J AI LL U l I LULIU\L i \JJIJIn11t.L OFFICE OF TIIC GOVERNOR, CRIMINAL JUSTiCC DlvisioN 881 I. For CJD Use Only 3, a, Dale Submitted b, Applicant Identifier 2. FedcoVSlale I'fogram Classification: (For, PQ .Use Only). 4, a, Dale Received by SlalclCOG b. State Application Identifier 5. Applicant Information a. Legal Name: c. Organizational Unit City of V-16.. Policc Depth: tnlcnt b, Address (fvo s(reo( or P. O. Box, city, sfaro, and .71p codo) d• Name. Icfcphone, and fax number of llie person to be contacted r. o. Box 9037 concerning this application (give area code). rarX:, xcxa-- 75461 -9037 w_ )7. AudclCSon (903) 70; -7511 at. 2711 (903) 7II5 -II519 rax G. Slate Payee Identification Number 7. Tyl,e of Applicant (onror rho oppropria(o lo((er In Lox) 1-7560006359000 A. Llale 11. InJo,nndenlSchoo101slllcl C 1), counly L 51-11a Co,drollod Imlilullon of i rlghor Learning C. Mlxllupal J. Pllvole U14va"Ry D. Twvnship K Indian Tdl» 0. Type of Application: O )Jew Continuation C. Inlor.lAa L. Individual i', fill ennlx,i6p,f M, PrlvAo Nonprofit Corpoollon G. SpocWD;%tdcl N. Olhor (spociry): if eonlinualion, enter year of funding .)-96 g. Nano of Grantor Agency: Office of file Governor, Criminal Justice Division P. O. Dox 12420 10, If Application for Federal Funds: Check Catalog of Federal Domestic Assistance Number. (only one) Austin. Texas 70711 O 16.540 — Juvenile Justice & Delinquency Prevention Act 11. Geographic Areas of Proleel Activilles (Chios and Coun6o3) 0 115,575— Viclims of Ciinlc Act City of Pa>:i : lted lUver County (X 115 5113- -Texas Narcotics Control Program City of )lonitaln Tannin County O 1G,500 -111gh Intensity Drug Trafficking Program Lamar County 12. Title of Project: 13. Proposed project: a. Stall Dale: b, Cnding Dale: 06/01/95 05/31/96 14, If Application for Slate Funds: ................. ... .................................................................................. .................................................................................................... ............................... . ......... ............................... a, Check appropriate fund: (only one) b• If •121 Fund, check p6orily: (only one) a Check One: 0421 Fund E • Crime Stoppers Assistance Fund i O C.J. Planning O Law Enforcement Tralning O Juvenile • Other Fund O Violent Clinic 0 Drugs O Gangs O victims D] Non- juvcnllc ' 15, Itequesled Funding: 1G. Is application subject to review by stale executive order 12372 process? a.FcdcralGrant S 325,718.00 •00x Funds (CJD) O YCS, this application was provided to the Texas Review and Comment System ............................ ...... .... ...................................... ............................... .. (TRACS) for review on b, Slalc Grant I .00 Funds (CJD) (dal c) O i'rogcirn Is not covered by C. O. 12372 C. Cash Match S 162,859.00 MA ._.. __ ......................_.............................................. ............................... O l'rograrn has not been selected by state for review d, in -Kind S .00 (voce L tot. v only) 17. Is the applicant delinquent on any federal debl7 ................................................................... ��.TOrAL ............................... ... ,IIII,577.00 •Wx O YCS If -Yes" allach an explanation 15 NO 10, To the best of my knowledge and belief, all data In this application Is Ifue and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply will' the attached assurances it the assistance is awarded. a, Typed Name of Au111ofized Official I b. Title c, Telephone Number 1(xcllacl 1.. Malone i City M.111:11;cr j (903) 705 -7511 d Signature of Auti,ofized Official e. Dale Signed EXHIBIT I Jai-lual. -y 9, 1995 Resolution No. 95 -016, resolving that an application be made to the Office of the Governor, Criminal Justice Division, for a Criminal Justice Planning Fund (421 Fund) grant in the approximate amount of $42,000.00, for the funding period from September 1, 1995, to August 31, 1996, being 100% of the estimated cost of hiring a juvenile officer /juvenile gang officer and related expenses, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Brown for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 95 -016 WHEREAS, the Office of the Governor, Criminal Justice Division, provides funding for Criminal Justice Planning Fund (421 Fund) grants, which provide funds for the hiring of a juvenile officer \juvenile gang officer; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Criminal Justice Planning Fund (421 Fund) grant in the approximate amount of $42,000.00, for the funding period from September 1, 1995, to August 31, 1996, being 100 % of the estimated cost of hiring a juvenile officer /juvenile gang officer, along with related expenses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THT. CITY OF PARIS: 1. That an application be made to the Office of the Governor, Criminal Justice Division, for a Criminal Justice Planning Fund (421 Fund) grant in the approximate amount of $42,000.00, for the funding period from September 1, 1995, to August 31, 1996, being 100% of the estimated cost of hiring a juvenile officer /juvenile gang officer and related expenses. i 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Tommy Haynes, be, and he is hereby, appointed as Project Director L i and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the Criminal Justice Planning (421) Program. PASSED AND ADOPTED this 17th day of January, 1995. Eric . Cliffor ro Tern ATTEST: Mattie Cunning ;am, City Clerk APPROVE AS TO FORM: e. T. K. a es, eity Attorney . ............ Ltt1MINAL JUSTICE D I V t S 1. 0 N Office of the Governor, State of Texas Ann W. Richards, Governor Adan Mufloz, Jr., Director Criminal Justice Division FXHIRIT A 0 '. ^'PLICATION FOR STATE OR FEDERAL AS _ANCC 0I'rICE OF THE GOVERNOR, CRIMINAL JUSTICE Divisl01 ! 1. For CJD Use Only 3, a. Dale Submitted 2. FederaUSlate Program Claselfkcalion (For CJD Use On i 1Y). 4, a. Dale Received by State/COG 5. Applicant Information a. Legal Name: C. Organizational Unit b. Applicant Identifier b. Slate Application IdenUri r D. ) Address (y've street or P. O, BOX, cit), s(afo, and zip code d ' Name, Ieiephone, and lax nuFarea �Code). rson to be contacted concerning this application (giv * • "� ' `^ ayee Identification Nu ' 7. Type of Applicant (ontor(Ire appropriate /a(for(n box) A. State N. Indepndent School fl. Coun Dialrld N Application: I. Slate Controlld Institutlon of Nigher Leaming C. Municipal J. Pr"le Unhrovotp D. Township K Indian Tribe O New Continuation E. Interstate L. IndMdual L., F. Inlermunicipal M. Prl—le Nonpfum Corporation G. SpecialDlslrlcl N Other (apeciryy f continuation, enter year of funding �. Name of Grantor Agency: . ppcation for Federal Funds: Office of the Governor, Criminal Justice Division Check Catalog of Federal Domestic Assistance Number. P. O. Box 12428 (only one) Austin, Texas 78711 O 10.540 -- juvenile Justice & Delinquency Prevention Act 11• Geographic Areas of Project Activities O 10.575 — Victims of Crime Act (Cities and Counde3) O 16.579- -Texas Narcotics Control Program O 16.580 -1-ligh Intensity Drug Trafficking Program 12. Tflto of Project: 13. Proposed Project: a. Stall Dale: b, Ending Dale: — — ation for State Funds: .... ............................... ............. ............................... ProPriale fund: (only on- b. It 421 Fund, %ppers nd check priority (on one _ ) �Stoppers Assistance Fund O c. Check One :�� O C.J. Planning ❑ Law Enforcement Training Other Fund ` I 15, Requested Funding: O Juvenile O Violent Crime Q Drugs ❑ Gangs O Victims O Nonquve nlle a. Federal Grant s 1G. Is application subject to review by stale exec uWe order 12372 Funds (CJD) •00 process? . i . .................... .... .......... ............................... b. Slate Grant O YES, this application was provided Review and Comment System P to the Texas R (TRACS) for review on Funds (CJD) 00 ! c, Cash Match S. (date) •00 . ...... ......................... O Program Is not covered by E. O, 12372 d. In -land "'" " "" """'° O Program has not been selected by state for review (vOCA t Tro• V only) '� 'rr.......only......... ............& e. TOTAL ........................................ ............................... 17. Is ilia applicant delinquent on any federal debt 1 .00 O YES If "Yes" attach an explanation O NO 10. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duty authorized by the govemin body of the applicant and the applicant will comply with the attached assurances If the assistance Is awarded. a. Typed Name of Authorized Official b. Title C. Telephone Number __ d, Signature of Authorized Official e. Dale Signed 88; PROJECT SUMMARY This section must include a brief description (not exceeding one page) of the proposed project. You must use at least a 10 or 12 pitch or point type. 1 ...1. �:.'.: •111: J - 01 , BUDGET INFORMATION Section A— Budget Summary L s Amount Sourco Amount � h (�) (2) (3) (4) e Budget Categories — e � CJD Funds Cash Match In -Kind Match Total I (For VOCA and TMa V e u.. onry) 1. A. Personnel (Salaries) $ $ s 2. A. Personnel (Fringe Benefits) 3, B. Contractual 4. c. Travel s. D. Equipment s. E. Reserved for Future Use 7. F. Supplies & Direct Operating Expenses a. Total Direct Charges -� (Sum of 1•7) s. G. Indirect Costs 10. Totals $ S $ (Sun of 8-9) 11. Program Income S Section B —Cash Match" Enter separately each source of matching funds and the amounts. Total must agree with Inc L 10 Column 2 above. Section C— Program Income Total must agree with Lino 11, Column 4 abovo. Source Amount Sourco Amount • Applicant must disclose tllc source of cash match if any. 887 Office of the Governor — Criminal Justice Division SCHEDULE A PERSONNEL 1. Direct Salaries 2. Fringe Benefits (1) (2) (3) _:.-- ;;:Title,or. Position';: ; =;; ,- ,; °:: -,•.: •:: % of Time' CJD Funds ' 'Cash Match TOTAL' FICA & Medicare $ $ (B) Retirement (c) Insurance (Life & Health) (D) Workers' Compensation (E:) Unemployment Insurance L8i (F) Other (Explain) :(G) (Ft) TOTAL Fringe Benefits $ $ ITOTAL Direct Salaries $ $ S 2. Fringe Benefits 1- Include only one position per line. Attach a description of the duties or responsibilities of each position. 1• Express as a percent of total lime. (40 hours per week) '• Should reflect employee's gross salary attributable to [tic project. If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. % or $ Rate FICA & Medicare $ $ $ Retirement Insurance (Life & Health) Workers' Compensation Unemployment Insurance L8i Other (Explain) TOTAL Fringe Benefits $ $ $ TOTALPERSONNELBUDGET S S S 1- Include only one position per line. Attach a description of the duties or responsibilities of each position. 1• Express as a percent of total lime. (40 hours per week) '• Should reflect employee's gross salary attributable to [tic project. If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. Office of the Governor Criminal Justice Division r• SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each lino item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate perhour, and travel costs, if any. Use additional pages as needed. (�) (2) (3) Des cription''of Scrvico CJD Funds Cash Match TOTAL (A) S S S (B) (C) (D) (E) (F) (G) (H) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES S S S REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each lino item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate perhour, and travel costs, if any. Use additional pages as needed. .u.__., ... - --._ .. J... __.- .- ........._�._..- ......... _........ __.,...,..........., .. ... ..... ... .. __........�.,..en+ tan a,r'i-v,. �'}rt:rYM?A![ldRrtl4ldM.,«,.. Office of the Governo- I' Criminal Justice Division I I SCHEDULE C TRAVEL/TRAINING ' 1. Local Travel I I Z. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose (�) (z) (3) Title or Position Miles Traveled Annually /$Rate CJD Funds Cash Match TOTAL (A) S S S (C) OUT -OF -STATE TOTAL S $ S (D) IN -STATE TRAVEL TOTAL S S S (E) (F) (G) (H) LOCAL TRAVEL TOTAL S $ S Z. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL S S S OUT -OF -STATE TOTAL S $ S IN -STATE TRAVEL TOTAL S S S 3. Out -of -Slate Travel (Specify clearly and use continuation pages if necessary) Pu'rposo Destination CJD Funds Cash Match TOTAL � S S OUT -OF -STATE TOTAL S $ S TOTAL TRAVEL BUDGET $ S $ NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agent; or leased vehicles are used, the vehicle operation /maintenance costs should be shown on Schedule F, "Supplies ant Direct Operating Expenses." Tuition for training courses should be listed as supplies in Schedule F. r,Tr1% _ . _ . ..... _........... ,. ..... �. a,. 9cMsu ,'r4ititi:• +fltkinhaN�rv.w +r•. Office of the Governor Criminal Justice Division SCHEDULE C (Continued) REQUIRED BUDGET NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out- of -state trip to separately show the specific costs of transportation and of per diem. 0 0 M Office of the Governor Criminal Justice Division r SCHEDULE D EQUIPMENT PURCHASES A REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. SCHEDULE E Reserved for Future Use (1) (2) (3 Equipment Name or Description and Quantity .(Do. Not List Brand Names);' CJD Funds Cash Match TOTAL.. (A) S S $ (B) (C) (D) (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES $ REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. SCHEDULE E Reserved for Future Use Office of the Governor Criminal Justice Division f SCHEDULEF SUPPLIES AND DIRECT OPERATING EXPENSES REQUIRED BUDGET NARRATIVE: Doscribe tho basis for arriving at tho cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. f•` i Office of the Governor Criminal Justice Division SCHEDULE G INDIRECT COSTS (1) (2) (3) Indirect' Costs CJD Funds Casli Match TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan S $ (0) Indirect Costs Per CJD Computation Table s REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation table located In Section 2 of the Grant Application and Administration Guidelines, or as authorized by the applicant's approved cost allocation plan. 894 t• ` i • 1 I Program Narrative Narrative is limited to one page per section. Text must be 10 or -- 12 pitch or point type. I. Problem statement '1 ./� ;.�. X1...1. :. •:1': % -i�- ... -4'��. ... .. :��'�.� �•1. � . + r I� I I I 897 _ ��� _. ..w ..... wy.. .. wm.... .... . . . . . . ._.u<.. ... .waa•oMM1 1. h;r. i `: Ji h•:4i1i�1YM14 der 4. Statistical and Baseline Data r DESIGNATION OF GRANT OFFICIALS CJD rules require that three persons be designated to the positions of Authorized Official, Project Direct( and Financial Officer for the purposes of administering a grant. The Project Director and the Financ- Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth in the Grant Application and Administration Guldelines governing submission of this application, the following designations are made: APPLICANT: PROJECT TITLE: ❑ Mr. ❑Ms. ❑ Mr. ❑Ms. Project Director (Type or Print) Financial Officer (type or Print) Title and Agency Organization's Address (Street or P. 0. Box) City. Zip Telephone Number Fax Number 'ride and Agency Organization's Address (Street or P. 0. Box) i City Zip Telephone Number Fax Number / ❑ Mr. ❑Ms. Authorized Official (Type or Print) Title and Agency Organization's Address (Street or P. 0. Box) City Zip i ! Telephone Number Fax Number a 1 Report of Federal Awards Indicate the amount of each federal grant award for the current fiscal year and the estimated amount of federal awards for the next fiscal year for the grantee agency. Source of Federal Funds Amount — Current Fiscal Year Amount —Next Fiscal Year TOTAL 900 adjourned. There T here being no further business, the meeting PR ERIC CLIFFORD, MAYOR O TEEM ATTEST: MATTIE CUNNINGHAM, C Y CL K qo 0'. R�� MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 26, 1995 The City Council of the City of Paris met in special session, January 26, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, Millie Ingram McDonald, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and Assistant City Clerk, Thomas E. Haynes. Resolution No. 95 -017, amending Resolution No. 95 -001, which said Resolution was incorrect and requires correction, resolving that an application be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $285,750.00, being approximately 50% of the estimated cost of the municipal swimming pool project, and total project cost being $571,500.00, with the City of Paris providing $285,750.00 in kind services, land and funds, which matching share for this application is readily available at this time, was presented. Dick Boots, Director of Facilities, advised the Council that of the $285,750.00 estimated portion of the City's cost $159,000.00 is land, $16,750.00 in kind services, $110,000.00 cash match, and this will make up our total 50% match. COs RESOLUTION NO. 9 5 - 017 WHEREAS, the City Council of the City of Paris (lid heretofore on the 9th day of January, 1995, pass Resolution No. 95 -001, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95 -001, be, and the same is hereby amended to read as follows: "WHEREAS, the Texas Parks & Wildlife Department provides funding for Texas Recreation & Parks Account (TRPA) Program grants (Section 24 of the Parks & Wildlife Code) for project not to exceed $1,000,000.00; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for a municipal swimming pool, at an estimated cost of $571,500.00 with the cost being paid 50% Texas Parks & Wildlife Department and 50% local match which may include in kind services, land and funds; and, WHEREAS, the City of Paris is fully eligible to receive assistance under the TRPA Program; WHEREAS, the Texas Parks and Wildlife Department requires that the property on which the project will be located will be protected by the City of Paris from any future drilling or open mining, and it is appropriate that the City of Paris commit to protecting such property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $285,750.00, being approximately 50 % of the estimated cost of the municipal swimming pool project, said total project cost being $571,500.00, with the City of Paris providing $285,750.00 in kind services, land and funds, which matching share for this application is readily available at this time. 2. That Michael E. Malone, City Manager of the City of Paris, be, and lie is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Dick Boots, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the construction of a municipal swimming pool. 5. That the site to be known as the City of Paris Municipal Swimming Pool and Recreational Area in the City of Paris, Paris, Texas for use as a park site, being Lot 6, City Block 276 is hereby dedicated for a public park and recreation purposes in perpetuity, which dedication becomes null and void in the event that the above described grant application is rejected; and, 0 APPLICATION FORM — PART II — BUDGET INFORMATION I TEXAS RECREATION & PARRS ACCOUNT PROGRAM f SECTION A — CALCULATION OF THE TOTAL PROJECT COST SECTION C — EXPLANATIONS I ' 'i Cost /Value 1, land, Improvements, and Right -of -Way $159,000.00 2. Appraisals and Boundary Survey 3. Professional Services $ 36,400.00 4. Demolition, Removal and Site Preparation 5. Construction, Renovation and Project Improvements $364,100.00 6. Sue -TOTAL (Add lines 1 through 4) $559,500.00 7. Contingency $ 12,000.00 8. TOTAL PROJECT COST (Add lines 5 and 6) _$571L500_00 9. Grant Request (50% of line 7) $2£35,750.00 SECTION B — LOCAL SPONSOR MATCHING SHARE Cost /Value 1. Voter Approved Capitol Improvement Bonds $110,000.0o.- 2. Sponsor Appropriations 3. Sponsor In-House Labor, Equipment, Materials $ 16,750.00 4. Sponsor or Publicly Owned, Non - Parkland $159,000.00 5. Private Donations of Land l 6. Private Donations of Cash 7. Private Donations of Labor, Equipment, Materials 8. Other Governmental /Educational Institution Resources (Specify in Section C) 9. Other Grants (Specify in Section C) 10. Other funds /Resources (Specify in Section C) _ 11. TOTAL LOCAL SPONSOR SHARE (Add lines 1 through 10) _$2II5,750,00 SECTION C — EXPLANATIONS I ' 'i S TEXAS RECREATION & PARKS ACCOUNT PROGRAM As the duly authorized representative of the sponsor I certify that the sponsor: 1. Has complied with all pertinent local and state laws, and Texas Recreation & Parks Account Program (TRPA) requirements requiring public hearings. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks & Wildlife Code. 3. Will maintain and operate areas acquired or developed with TRPA assistance at sponsor expense as required by Section 13.309 of the Parks & Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive TRPA assistance, as required by Chapter 640.1.2 of TRPA Grants Manual Guidelines. 5. Has the legal authority to apply for TRPA assistance, and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State ", through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department hereafter referred to as the "Department" . Will record the State interest in the title of real property in accordance with Department directives and will include a covenant in the title of real — property acquired in whole or in part with TRPA assistance funds to assure nondiscrimination during the useful life of the project. 8. Will comply with the requirements of the Department with regard to the drafting, review end approval of construction plans and specifications. 9. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications. 10. Will furnish quarterly progress reports and such other information as may be required by the Department. 11. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal I gain. 13. Will comply with all State and Federal statues relating to non - discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685 -1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination of the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non - discrimination provisions in the specific statute(s) under which application for TRPA assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area V participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (Page 1 of 2) 33 City of Paris, Texas Sponsor Name Paris Municipal Park Project Name Signature of Official Authorized in Resolution Michael C Malone -- Print or Type Name and Title of Official January 26 1995 Date (Page 2 of 2) 34 Resolution No. 95 -018, adopting a Parks and Recreation Masterplan for the City of Paris prepared by the C. T. Brannon Corporation, was presented. A motion was made by Councilman Brown, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) _ institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -1900 and Executive Order (EO) 11514; (b) protection of wetlands pursuant to EO 11990; (c) evaluation of flood hazards in floodplains in accordance with EO 11988; (d) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 45 1451 et seq.); (e) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 4 7401 et seq.); and (f) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). f 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 44 127 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the Department in assuring compliance with Texas Antiquities Code (Rev. 9-1-87). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single , Audit Act of 1984. 19. Will comply with all provisions of the "Summary of Guidelines for Administration of Local Park Grant Assistance Projects ". 20. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. City of Paris, Texas Sponsor Name Paris Municipal Park Project Name Signature of Official Authorized in Resolution Michael C Malone -- Print or Type Name and Title of Official January 26 1995 Date (Page 2 of 2) 34 Resolution No. 95 -018, adopting a Parks and Recreation Masterplan for the City of Paris prepared by the C. T. Brannon Corporation, was presented. A motion was made by Councilman Brown, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 9 5 - 0 18 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 95 -002, authorize the procurement of professional engineering services for the preparation of a community park master plan; and, WIIEREAS, the City staff, in cooperation with the consulting engineering firm, — The C. T. Brannon Corporation, completed the preparation of the PARKS AND RECREATION MASTERPLAN FOR THE CITY OF PARIS, a copy of which is attached hereto as Exhibit A, which inventories park and recreational facilities in the City of Paris and identifies and states goals and objectives for the recreation program for the City; and, WHEREAS, the preparation process included three public hearings conducted in three different locations within the City of Paris on January 12, 17, and 18, 1995; and, WHEREAS, the City Council, with the assistance of the staff, has reviewed the plan and finds that it is appropriate that such plan be adopted; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TILE CITY OF PARIS, that the PARKS AND RECREATION MASTERPLAN FOR TIIE CITY OF PARIS, attached hereto as Exhibit A, be, and the same is hereby adopted as the master plan for park and recreation facilities in the City of Paris. PASSED AND ADOPTED this 26th day of January, 1995. Don Shelton, Mayor ATTEST: Thomas E. Haynes, Assistant Cit Clerk APPROVED AS i A COPY OF THE PARKS AND RECREATION MASTERPLAN FOR THE CITY OF PARIS IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PARTS. EXHIBIT A , 912 Parks and Recreation Masterplan for the City of Paris, Texas Prepared By: Dick Boots, Director of Community Facilities City of Paris January, 1995 Terry Brannon, P.E. The Brannon Corporation Local Masterplan and Needs Assessment for the City of Paris, Texas Parks and Recreation Facilities Section 1 Introduction The development of parks and recreational facilities by local government entities in recent years has frequently been achieved through the use of grants -in -aid from the Texas Parks and Wildlife Department using the old Local Park, Recreation and Open Space Fund and the Land and Water Conservation Fund to match local effort in producing quality facilities. The catch as it were was that the entity was required by the scoring system to select projects on the basis of the Texas Outdoor Recreation Plan (TORP) amended in 1990. Through legislation passed in 1993 (H.B. 706), the Texas Recreation and Parks Account Program was created which among other things does not require the use of the TORP but allows local decision making. The decision by the Texas Parks and Wildlife Department not to use the Texas Outdoor Recreation Plan any longer in establishing local park needs for cities such as Paris is a two edged sword. First of all, the goal and priority setting decisions for outdoor recreation facilities in the city now revert back to the city which can be an obvious enhancement of the grants -in -aid programs from the city's perspective. On the other side of the coin, however, the city is now faced with the requirement of doing the planning and prioritization it has not had to do in the past. Besides the obvious necessity brought about by competition for grants to score well, the City of Paris has a need to compile information it already has in many city hall locations into one document so that reasonable decisions can be made with respect to funding and scheduling recreational opportunities in Paris. Further, the city has need to make assessment of recreation needs and put them in priority order. Finally, the city has need to establish a reasonable timetable over which improvements will be sought. The purpose of this masterplan is to accomplish all these objectives. -1- Section 2 Scope of the Study The use of the term masterplan is defined in many ways by many people. Therefore, this section is dedicated to laying out the groundwork ... the outline of the study. The following elements are specifically included in this masterplan: Section 3. Plan Development Process. This section describes the public input sought, the results of those efforts, and how the masterplan came to be formulated. Section 4. Statement of Goals and Objectives. This section discusses the local goals for parks and recreation and locally established criteria for determining the availability of park and recreation facilities. Additionally, this section describes in generic terms local standards for construction. Section 5. Inventory. Perhaps the most usable information to be gleaned from this masterplan is the inventory of recreational facilities which describes city and school district owned outdoor recreational facilities alike. Section 6. Needs assessment. From the public participation and the inventory of facilities, a needs assessment is made showing in which areas the park facilities are deficient and where improvement can be made. This is the meat of the masterplan where the priorities for the city are set out in writing. Section 7. Plan implementation. The plan implementation sets forth the _ methodology for meeting the needs determined in the section on needs assessment. Both timing and financing are discussed and some cost projections are made. The overall plan is broken down into manageable phases. Appendix. Supporting documents. The masterplan also contains exhibits such as maps, charts, tables, and illustrations. What elements are not included in this masterplan? This masterplan includes only the facilities owned by the City of Paris, Paris Independent School District, some more significant privately owned recreational facilities, and Paris Junior College's facilities. For the most part only outdoor recreation activities are catalogued. Gymnasiums, weight lifting, aerobics, and similar health club type facilities are not included. This masterplan does not set forth site recommendations for developing or renovating existing parks. No detailed space studies have been made nor extensive analysis of the condition of equipment. No attempt was made to identify all aspects of handicapped accessibility or non - accessibility. These items were beyond the scope of this study. -2- Section 3 - Plan Development Process A. Public Participation Development of good masterplans involves not only the ideas and creativity of the writers but must also include the participation of recreational users. For some five years the Council has been mulling over park improvements after receiving staff input concerning upgrading and maintenance of parrs facilities. In 1994, the city staff made a conscientious effort to contact members of sports organizations, service clubs, and interested individuals. A committee was appointed by the Mayor in early December, 1994 and the first committee meetings were held December 6th and January 3rd. Public notices were filed and public hearings were held on four occasions in January, 1995 (9th, 12th, 17th, and 18th) to allow for public participation and input. To encourage participation, four local radio stations aired public service announcements. A copy of the public service announcement is included in the appendix at the rear of this document along with affidavits of publication of notice in the local paper. Newspapers and radio media covered each of the public hearings and articles were written and news items aired on the subject of the meetings. The public hearings were held in different areas of the city for the convenience of attendees. B. Data Collection The information forming the basis of this masterplan was gathered by city staff members under the direction of Dick Boots, Director of Community Facilities, with cooperation of the City Engineer's staff. Mr. Boots also met with committee members and conducted the public hearings. He solicited public comment and received numerous letters in support of various recreational needs. C. Compilation The City Council authorized the staff to secure the services of a professional engineer experienced in the masterplanning, site planning and development of parks in the region. The staff recommended and Council approved hiring Terry Brannon of The C. T. Brannon Corporation, a Tyler consulting engineer. Brannon's role was to compile the data collected and produce cost projections for various alternative projects under consideration. D. Priority and Goal Setting Responsible staff member for maintenance and operations within city owned parks in Paris is Dick Boots, Director of Community Facilities. Using input received from the public, data collected and compiled, and recommendations from the consultant, Mr. Boots had oversight responsibility for the development of priorities contained in these plans. His fifteen years with the city, most in his present capacity as Director of Community Facilities -3- pis qualifies him to make these determinations and recommend them to the City Council who have ultimate authority over the plan. Section 4 - Statement of Goals and Objectives ■ Provide a wide variety of outdoor recreation activities and facilities that will reach all residents. ■ Provide these facilities in all areas of the city to allow individuals an opportunity to walk or ride a bicycle to and from parks facilities. ■ Offer facilities and activities for special interest groups such as hike and bike trails, Audubon facilities, fishing clubs, and other groups with special needs. ■ Provide handicapped accessibility to all park facilities, both new and existing. ■ Upgrade facilities in areas where there is a large number of "at- risk" youth. ■ Renovate the two existing city lake areas; make them more accessible to the public. ■ Modernize old parks by replacing obsolete and damaged equipment. ■ Acquire new land for park areas as it becomes available. A. Facilities Concepts and Design Standards Playground equipment The number one priority of City of Paris Parks Department is to provide the most desirable and safest equipment possible. Metal and /or fiberglass equipment will be specified for all projects. Due to problems experienced in the past with wood play structures, wood equipment will not be specified because of its relatively short life expectancy and some inherent safety problems, particularly with fasteners, in wood equipment. Tables, benches, bleachers. These items will be aluminum with metal framework in the future. Accessibility to the Handicapped. All new facilities will be made handicapped accessible as they are renovated. 51 Playground surfacing. Surfaces around all playground equipment will be a material that will cushion falls, wash easily and be suitable for wheel chair activity. In some cases, the ground may be built up (like under slides for example) to reduce fall distances. B. Standards of Construction The City of Paris recognizes that quality and economics can sometimes, if not carefully managed, be mutually exclusive goals. The old theory that you get what you pay for has long been proven in park and recreation construction. The city should implement in all construction of its park improvements guidelines which offer the most value for the dollar spent, long term benefit, low maintenance costs, and certainly safety. It is an unfortunate fact of life that sometimes aesthetics will give way to sturdiness. Likewise some projects will go undeveloped because of their potential for vandalism attack, difficulty in maintaining the project, high liability and risk, or outright lack of funds for staffing. Restrooms - Under current policy the city does not construct restrooms in public parks primarily due to the intense maintenance required and frequent vandalism which occurs in public restrooms. The city staff recommends continuing this policy except in large, high visibility areas and in parks where reservations are required and restrooms can be secured. The city does construct concrete pads on which to set temporary toilet facilities during peak seasons and special events. Playgrounds - Playgrounds should be constructed using the latest state -of- the -art equipment designed for safety and durability. Areas surrounding play areas should be covered with at least 6 inches of pea gravel or similar non - compacting and resilient cover. The city should replace obsolete or worn playground equipment immediately. Chains , bolts, and other hardware must be inspected often and replaced if damaged or rusted. Facilities should be inspected for safety at least twice per year and gravel replaced frequently to maintain the proper thickness. A generic checklist should be developed which can be used by park inspectors to identify and report needs. Files should be maintained with these inspection reports as well as any citizen reports. Handicapped accessibility - The city should select equipment which is, as much as practicable, accessible to handicapped persons. Walks and trails should not exceed 2% transverse and longitudinal slopes with wheel chair ramps should not exceed 1 inch rise in 12 inches. Parks not so equipped should be furnished with paved parking areas at least in the handicapped parking spaces. Roads, drives and parking - The city requires all park roads, drives and parking facilities to be constructed dust -free. Gravel parking areas are therefore not permitted. Swimming pools - While the city does not currently operate any pools, certain guidelines for pool construction should be observed. The National Swimming Institute promulgates -5- standards for construction such as minimal depths, slopes of bottoms, hand -hold placement, ladder construction, diving safety, and other standards. The city should insist these standards be adhered to strictly in the design and construction of any future pools. -- Further, operator training over such things as chlorine and other chemical usage, pool filtering and backwash, cleaning, and electrical controls is a necessity. An operations and maintenance manual for pools is highly recommended. C. STANDARDS FOR SPECIAL FACILITIES' Facility (outdoor) Standard /1000 people Comment Baseball diamonds 1 per 6,000 Regulation 90 ft. Softball diamonds (and /or youth diamonds) 1 per 3,000 Tennis courts 1 per 2,000 Best in battery of 4 Basketball courts 1 per 500 Swimming pools - 25 m 1 per 10,000 Based on 15 sf of - 50 m 1 per 20,000 water per 3% of pop. Skating rinks (artificial) 1 per 30,000 Neighbor hood centers 1 per 10,000 Community centers 1 per 25,000 Outdoor theaters 1 per 20,000 Shooting ranges 1 per 50,000 Golf courses 1 per 25,000 Note: All of the above - mentioned facilities are desirable in small communities, even though their population may actually be less than the standard. Every effort should be made to light all facilities for night use, thus extending their utility. 1980 MARTIN LUTHER KING PARK 'Recreation Planning and Design, Seymour M. Gold, PhD., AICP published by McGraw -Hill, D. Specific Facility Standards (Elmhurst, Illinois)' Neiahborhood Plavlot Size: At least 1 acre preferred Service Area: 1/4 mile or less Location: High density neighborhoods where private yards do not exist. Usual facilities: Paved areas; playground apparatus area for small children-, usually private responsibility. Neighborhood Park Area per 1,000 persons: 3 acres Size: 5 -10 acres, not including parking Service Area.- 1/2 mile or as limited by geographical barriers Location: Preferably adjacent to elementary schools or near the center of the neighborhood. Usual Facilities: Softball/baseball fields, multiple -use paved areas, playground apparatus areas, landscaped areas, and picnic areas. Small field house. Minimum of automobile parking. District Park — Area per 1,000 persons: 3 acres Size: 10 -30 acres Service Area: 1 mile Location: Preferably near the center of 4 to 5 neighborhoods. Usual Facilities: Softballlbaseball fields, multiple -use paved areas, playground apparatus areas, landscaped areas, and picnic areas. Small field house. Minimum of automobile parking. Community Swimming Pools - One pool for every 20,000 persons. 8,000 to 10,000 s.f. of water and double that for deck space. Tennis Courts - One lighted for every 1,500 persons. Softball Diamonds - 1 for every 3,000 persons, 1/2 lighted. Camping Facilities - 1 group camp for every 25,000 population. 500 -1000 acres ideal size; suitable for long term camping, school camping, and family camping. The City of Paris should adopt these criteria or something similar as for development and refurbishing of parks within the city. 2lbid, Gold, p 286. -7- 91: 921 E. Reducing Vandalism Vandalism frequently occurs in poorly lit facilities during periods of low use. While it can never be eliminated entirely there can be some steps taken to attempt reduction in incidents of destruction of public property. Here are some suggestions: ■ Build out of vandal resistant materials. Believe it or not wood is less frequently vandalized than say concrete walls or concrete masonry. And, even when attacked, wood siding is easier to replace and repaint than damaged block. Brick is less of a target generally than block walls and natural stone or brick colors are usually less susceptible than a painted block or brick wall. Metal walls are not generally recommended. ■ Build vandal -prone structures in high traffic areas of busy parks. Restrooms in corners of small neighborhood parks will definitely be targets. A restroom on the Loop or on another major artery will have fewer attacks. ■ Use lexan or other bullet resistant fixtures with tamper proof screws. Use lamp guards made of metal over exposed lamps in restrooms. ■ Do not install mirrors, ceramic or plastic fixtures; do not expose conduits; do not use trusses or rafters but rather solid steel or concrete roof supports not affording a hand -hold. Conceal plumbing, use push button flush valves and automatic closing faucets. Install flow regulators on water lines that shut the supply off automatically if excessive flow persists. ■ Repair vandalism immediately. Painted graffiti attracts more graffiti. Damaged playground equipment is likely to become more damaged. Sometimes graffiti is used to delineate gang territory boundaries. Remove these signs immediately. ■ Inform the public of acts of vandalism and just how much of their money it took to cleanup one individual attack. Offer standing rewards for turning in offenders. 92 Section 5 - Existing Facilities Inventory Provided in this section are separate descriptions of each park, a map of each park and then a tabulation showing all parks and their facilities. In addition, this section will deal with other recreational facilities at public schools, Paris Junior College and significant outdoor recreational facilities that may be privately owned. A. City Owned Lakes Because of their size and importance to the recreational welfare of Paris citizenry, a brief discussion is included here on Lake Gibbons and Lake Crook. The smaller lake, 158 -acre Lake Gibbons was developed by Texas Parks and Wildlife as the Gambill Canadian Goose Refuge, a winter habitat, and in 1980 that facility was turned over to the City of Paris. The City maintains a permanent population of Canadian geese there for display. The city also plants some 25 acres of wheat each year to provide for the migrating population of geese and feed 8,000 lbs. of wheat each year. From November until the geese leave in March, boats are kept off the lake. During other months, boats can access the lake via the city's boat ramp. Boat motors are limited to 10 horsepower. A fishing pier, approximately 50 feet long and 5 feet wide, is always accessible to the public. Some picnicking facilities (3 tables) are available and swimming is allowed from the shore line on a 300 -foot grass beach. There are no improved beach facilities on the shoreline. Unpaved parking areas have been constructed near the fishing, picnicking and swimming areas. Other unpaved parking areas are constructed near the captive geese pens. The city owns and controls all land adjacent to the shore, a total of 516 acres not under water and no residential or commercial development has been allowed on city property by way of long -term leases. The larger lake is 972 -acre Lake Crook. This lake serves as a back up raw water supply for the city. The city's water treatment plant is located near the dam but the city has for several years now taken the bulk of its water needs from Lake Pat Mayse some 15 miles to the north of Paris. Lake Crook is used year round by boating and fishing enthusiasts. There is a 8' x 120' fishing pier and a concrete public boat ramp. Unlike Lake Gibbons, this lake has no motor horsepower restrictions. The city owns 1,745 -acres of land surrounding the lake and no other property owners adjoin the shoreline. The city has not leased any of this property for residential or commercial development preferring to leave it in its natural state. There are no public beaches or designated swimming areas on this lake. Picnic facilities include 13 tables of 1930's vintage. B. Public School Property The City of Paris is generally overlapped by the Paris Independent School District which includes most if not all of the property inside Loop 286. However, the North Lamar School District and Chisum School District adjoin Paris on the north and south respectively. M J s9 �L• y F- Ix O Z I ..._ ...... �G q � � N Lk m-A 07 •O 'f S1HVd ' tj IF �II i 1 •. III �i��r EJ S< m H J V Y Y W m 0 �il'TIC.I / V „VWWW �WD� -rVO NQ ,Y yN2 u II- Z 0 N< •- r W¢ Y C J FL 0 W O lf'Z� d V X W � Q Y Q Cb • � { 1� a .. -.- 40 Y< ,cc Y J m V1 N C j d <m 6 h qq Z K d O Q< a I >t o�dmW °�i ;iauW� o L%l UV / yl C) O T_ ' rs a� U m N CL 0 0 a L%l UV / yl C) O T_ ' rs a� U Paris ISD outdoor recreational facilities include: 1) Paris High School 2 practice football fields, unlighted 1 practice soccer field, unlighted 1 practice baseball field, unlighted 1 400 -meter all- weather oval running track 4 unlighted tennis courts 2) Crockett Middle School 4 tennis courts, unlighted 1 practice football field, unlighted 1 outdoor full -court basketball court 3) Travis Junior High School (Note: The city owns and maintains park facilities on the Travis campus which are in addition to those facilities noted here!) 1 multipurpose hard surfaced play area 1 semi - improved oval running track 4) Aikin Elementary School 1 playground with combination wood and metal equipment, approximately 80' x 100', in gravel some remaining wood exercise stations 1 multipurpose hard surfaced play area 5) Justiss Elementary School 1 playground with metal play equipment 1 multipurpose hard surfaced play area 6) Givens Elementary School 1 playground 1 multipurpose hard surfaced play area 7) Noyes Stadium- This facility owned by Paris Junior College is leased part -time to Paris ISD. These limited access facilities include a lighted soccer /football field with a cinder track oval around the field. _10- G C. Paris Junior College Besides the Noyes Stadium facility Paris Junior College offers a wide variety of outdoor recreation opportunities including: A one mile walking track A golf driving range Six (6) lighted tennis courts Five (5) unlighted soccer fields One lighted baseball field D. Significant Private Recreational Facilities Paris Golf and Country Club - a 200 -acre club about four miles north of the city with an 18 -hole golf course, two lighted tennis courts and a pool. Paris Golf and Country Club is a members and guests facility only. Daily use fee -uses are not allowed. Pineridge Golf Club - Pineridge is a privately owned public fee golf course. There are no other recreational amenities. Gordon Country Club - Gordon Country Club offers a 30 -acre private fishing lake, two unlighted tennis courts, a swimming pool, and meeting rooms on a 100 acre site. The club is private for the use of members and their guests. Dolphin Swim Club - Dolphin Swim Club is a members only medium sized swimming pool. Optimist Youth Football - a single unlighted playing field for Optimist organized and sponsored team football. Optimist Youth Baseball - OYB owns five fields on the extreme east side of Paris, three of which are lighted. There is one "Pony" league baseball field, one little league, and three smaller fields for T -ball and "coach" pitch. Boys Club - The Boy's Club owns two lighted baseball fields (a T -ball and little league sized fields.) E. City Owned Park Facilities A survey was conducted for each park and results individually tabulated on the following pages. -11- Park: Bywaters Park Location: 300 Block South Main St. 92 Size: 2.65 Acres Topography: Flat with some scattered mature trees. Improvements in the park: Domino table 19 park benches Stage (a Corinthian style columned structure) Fountain Support facilities: On street parking on four sides. Surrounding neighborhood: To the east is a residential neighborhood and a church. To the west is the library and more residential neighborhood. To the north is commercial development and to the south is residential neighborhood. Park: Market Square Size: 1.70 Acres Location: 300 Block 1 st Street SW Topography: Flat Improvements in the park: Certified Texas Farmers Market 5,000 s.f. covered area for vendors to sell home -grown produce Support facilities: Off - street asphalt paved parking for 100 cars. Surrounding neighborhood: To the east are more fruit stands and a cafe. To the west is a domino parlor. To the north is business development and to the south is residential neighborhood. -12- Park: Chism Park Size: 0 30 Acres Location: 900 West Washington St. Topography: Flat Improvements in the park: Historical monument- memorial tombstone of John Chism Support facilities: Gravel circular drive in front of monument Surrounding neighborhood: Surrounding the property on east, west and south is open pasture. North of the property is developed commercial. Park: 10 th Street Park Size: 0.15 Acres Location: Esplanade in 10th Street between Tudor and Grove Topography: Flat, some scattered trees Improvements in the park: 2 picnic tables 2 park benches basketball court with dirt court Support facilities: None -no parking allowed on- street and none provided off - street. Surrounding neighborhood: Residential neighborhood on all sides. -13- U Park: Martin Luther King Park Size: 5.15 Acres Location: 12th Street NE at Johnson Street Topography: Flat with a major drainage ditch bisecting the property Improvements in the park: 2 picnic tables 2 park benches 20' x 20' playground with 3 pieces of metal play equipment 3 casual backstops lighted hard surface basketball court Support facilities: Street side head -in gravel parking along post and cable barrier (50 cars) Surrounding neighborhood: Areas to the north, east and west remain undeveloped pastures and woods. To the south is residential. Park: Walker Park Location: 18th Street NW and Shiloh Size: 18.18 Acres Topography: Rolling- drainage ditch bisecting with scattered mature trees. Improvements in the park: 8 picnic tables 2 park benches 20' x 20' picnic shelter 40'x 40' playground with metal equipment 2 casual backstops Support facilities: On street parking on two sides; Dirt parking area for 30 cars Surrounding neighborhood: Surrounded on north, south, and east by residential. On west by elementary school. -14- 928 Park: Wade Park Location: 25th Street NE at Pine Bluff Street Topography: Flat with scattered mature trees Improvements in the park: 29 picnic tables 30' x 50' picnic shelter 2 casual backstops volleyball standards (grass court) Support facilities: Gravel parking for 35 cars Surrounding neighborhood: Residential on all sides. Park: Record Park Location: 7th Street NW at Henderson Size 8.44 Acres 4 park benches 40'x 80' playground with equipment water fountain Size: 17.56 Acres Topography: Flat with 33% left undeveloped in trees Improvements in the park: 2 bleacher sections 8 picnic tables 2 park benches 20' x 40' picnic shelter Lighted softball field 2 lighted basketball courts Small playground with 4 pcs. of equipment Support facilities: Asphalt parking for 40 cars with dirt and gravel parking for 30 more. Surrounding neighborhood: Bounded on the east by Texas Dept. of Transportation, on the west by residential, on the north by apartments and on the south by woods. -15- - - Park: Culbertson Park Size: 7.02 Acres Location: 13th Street SW at E. Washington Street Topography: Flat with scattered mature trees Improvements in the park: 5 bleacher sections 11 picnic tables 3 park benches 30' x 60' picnic shelter 6 lighted tennis courts 2 lighted softball fields drinking fountain lighted multipurpose play court 50'x 80' playground with equipment Support facilities: Two paved parking areas for 25 and 12 cars respectively. A gravel parking area for 40 cars (poor condition). Ballfield concession building. Surrounding neighborhood: All residential Park: Ellis Park Size: 1.0 Acres Location: 13 th Street SE at Washington Topography: Flat; wooded Improvements in the park: 30'x 30' playground with metal equipment 4 picnic tables 2 park benches volleyball standards (grass /dirt court) Support facilities: Gravel parking for 25 cars Surrounding neighborhood: Bounded on the north by Culbertson Park and residential on the other three sides. -16- 92 Park: Travis Park Size: Location: 34th Street NW at Graham (Travis Junior High) Topography: Flat Improvements in the park: Unlighted softball field 4 unlighted tennis courts Support facilities: Dirt parking for approximately 40 cars Surrounding neighborhood: 8.0 Acres Bounded on the west and north by wooded land; on the south by residential and on the east by Travis Junior High School Comment: Land owned by Paris ISD and developed by City of Paris Park: Wise Field Size: 6.49 Acres Location: 638 SW 4th Street Topography: flat Improvements in the park: 2 lighted softball fields Support facilities: City park maintenance shop; concession building; gravel parking for approximately 100 cars; restrooms. Surrounding neighborhood: Bounded on the north by woods; elsewhere by residential neighborhoods -17- Park: Plaza Square Size: 0.5 Acres Location: Downtown Square Topography: flat Improvements in the park: Culbertson Fountain Support facilities: Parking on- street for 80 cars Surrounding neighborhood: Central business district Park: Oak Park Size: 7.5 Acres Location: 2600 Bonham Street Topography: fiat Improvements in the park: All under construction. 30' x 60' picnic shelter 4 horseshoe pits 24 picnic tables 10 park benches 24 area lights Water fountain 100 ' x 100' playground with 9 pcs of equipment 1/2 mile cinder waking track 6'- "wide with 3 bridges 24 recently transplanted trees Support facilities: Handicapped accessible Spaces for 30 vehicles on west side; 60 vehicles on east side Wood frame structure to house portable toilet facilities Surrounding neighborhood: st and south sides; a church occupies the east side and Residential on the we a small business and residences occu the north. SM • L U �. m U- U � d 0 N L W7 932 uODZ, <_zo O O O O O p O O O O O O VfY__ZV O O O O O O O O O O O LL_ W S_ Z o O O O O O O O O O O O L C ca V) Y w.-co -c O O O O O O O O O O O L O O N O O O O O O O W <Uxwn omw O O O N N O O O O O N c c W< J J LL_ W J c m; O O O O O O O O O O s m< J J LL_ W JON J O N O O O O O O N O 0 t C F W ZZ_fn UO7m� -NO O O O O O O O O O 'Ir c` I W ZZ_w oonm� z- O to O O O O O O O O O aJ< >,-O W OOZO o -- .- O O O O d d Q W w F K O O 2 0 O O CL O O O O O wS W JF w O O O O O O O p m w Z V S W N C'I N N N N O O H- < c0 O O O MJW <U=WM0 O In N O O O O O O f0 O OtD tc7 0 it A N O OV f O � tO cD o O V < C O 7 to U) N (Si Qi N j J C C O J U) m c ° Z a. CC E L tm °1 t A L a5 C C d N A m f0 Ur O ? = Y d °� � f0 O C 8 ? d °d CL m 3 cr 'V d `y Cy V Z Y CZ cn EJ m d • izy NZ D L C L L N R Y N > L <` a u -' w� 3 i s Ubi i a •L E O C n. cu , a 0 U a U- M 9� LLODZ, <_zN O O O V 3< F W K N Y__ Z O O O Y C _P C m <NYW m< O p O O c 4 mC NY W�-m <JJd O O O f7 n m<UYNr -OaN� O O O O� L P_ C m <JJLL_WJON� O O O c P m< J J LL_ W JON O O O In 4 -W Z Z_ N UODM1 ma O O O N 0 i--W ZZ_N UODXF -08 O O O (p aJ < >uzODZO o KWOhMO020 O O O N S W J H W K O O O MWZUSWN O O O �V O t- <mJWtA tLJW <USWKN O O O fh n �0- NU < f7 N y C C O C C C C J C u O 5` N O Y 0 � F � V d S O L W y ego U a uj Q d Y L } F- 0 J 000 Pi W 0 F- 9� 934 Q) cu C O� C U � D U U- .n L E O _ U-5 0 U >O J JW >m <JJ 7 0 0 0 0 <1-WK NY. _z0 O O O L 4 O O O c M O O O M 4 n O O O Or 0 m <UY0 w t _O O N v C a N O to m< J J LL_ W JON U7 tb O N N f W Z Z_ N u o n x, N a v tD O tD N � -WZZ_N UODM�W= aJ < »�o�zo O O O N N f7 J-_ . MN W OODM,o V 7 O O m O N O co KOZZ_ZO � -K <UYN NODUWa LL_WJON O (D O r- LL o o. w< J J LL_ W J O N O N O M N Z0 a00 JN O O O M M d O - O U N Sr J f0 d O _O c A N m J rp N N N > H U m a. A a —' CL 0 F Section 6 - Needs Assessment 935 This section of the masterplan addresses the perceived needs of the community based on: ► public participation and comment ► staff analysis of the inventory ► consulting staff input ► statewide and regional survey responses contained in TORP. A comparison of the inventory with the "standards" previously discussed shows the following "deficiencies" when compared to established norms in other places. You are advised that norms for other places are guidelines for Paris only. Facility Recommended Paris Inventory Gold Elmhurst, IL Swimming Pools 1 1 0 Basketball Courts 49 n/a 4 Tennis Courts 12 16 25 Lighted softball 8 4 11 Unlighted softball 4 4 From this review of comparison to known standards then the City of Paris is only deficient in pools and basketball courts. The trouble with standards is they do not take into account the age, condition, location and functionability of facilities nor do they allow for local preferences. (For example both Gold and Elmhurst would say Paris needs an ice skating rink outdoor if the standards were interpreted literally). The needs expressed here are not in any particular order. The priorities of the community will be discussed in a later section. A. Staff Concerns Swimming Pool Most comments received by the park development committee, the city council and the staff centered around the absence of adequate swimming facilities for competition, exercise programs, instructional swimming and free swimming. The city does not currently and has not, in recent history, operated a pool facility. There appears to be much local demand for programs such as Red Cross' Learn to Swim program, lifesaving and water safety courses, Boy Scout merit badge courses for lifesaving and. swimming, water aerobics, water "walking ", and adult lap swimming. In addition, there is mounting pressure to provide competitive youth swimming teams with locations to practice. Water ballet is also an up -19- 936 and coming sport in Paris. The absence of an indoor pool facility at Paris Junior College does not help the problem of providing safe pool facilities. Trail Development The Texas Outdoor Recreation Plan in 1990 pointed out that 47% of the occasions of participation in all outdoor recreation facilities centered around trail use for hiking, biking, jogging, roller blading, horse back riding and walking. The city is constructing its first half - mile track now (Oak Park) and other than this new trail there are no city owned trail facilities in Paris. The only other trail available for the public is the Paris Junior College. The city owns several parks of sufficient acreage to allow trail construction. The city also owns substantial acreage around Lake Gibbons and Lake Crook although these facilities are far enough out of town as to make development of a trail alone as destination facility (one where people will drive appreciable distances) an unviable project. Trails connecting one or more park facilities are to be highly prized. Camping Facilities A facility many counties and cities are turning to to promote tourism development is recreational vehicle camping facilities with beaches, playgrounds, camping spots and utilities for tents, trailers, or self contained RV's. These facilities can be built together with boatramps, fishing piers, nature- hike -bike trails around one or both of the lakes. Advantage can be taken of the existing Canadian goose exhibit and habitat. Typical fees of $10.00 to $20.00 per night can make such facilities a self - supporting project but require determination and marketing expertise to get the word out about camping facilities. Park Upgrades The city staff raised concern about the quality and degradation of certain obsolete park improvements and the need to build additional support facilities such as paved parking areas. While picnic facilities may appear in number to be adequate, the city should begin a replacement program of tables and benches which has outlived therir usefulness. More group shelters are recommended. There are only four now. Safety surveys may show just how much work needs to be done. Trails With the development of Oak Park (now under construction) the distribution of parks appears to be adequate with significant park resources generally evenly spaced throughout the city, at least within Loop 286. As shown on the map of park facilities attached, there are beginning to be areas of residential development where public parks are one -half mile away or more. The area east of Loop 286 bounded by F.M. 195 on the north and U.S. 271 South does not have a public park any closer than Wade Park ten full blocks inside the Loop. Sites should be investigated in this area before too very long. A map is included in this report where future park sites should be considered within the next ten years. -20- Soccer Youth soccer is an emerging "big time" sport with teams traveling hundreds of miles (with many parents) to participate in tournaments virtually all year long. When they travel of course they spend money and many cities such as Longview, Tyler, Terrell, and others have taken advantage of this market. Park facilities in Paris are not adequate to support such an effort now but fortunately soccer fields can quickly and inexpensively be incorporated into other fields for multi - purpose use. The City of Paris should acquire open lands and develop youth soccer facilities adequate for small tournaments. Tennis Lighted tennis courts make bad neighbors make bad neighbors in residential neighborhoods with houses close in on all sides. For this reason the six courts in Culbertson Parr (plus the now removed basketball court) have proven to be under utilized and sometimes a gathering place for other than tennis players. Tennis courts are best grouped into a tennis complex where courts can be looked after by a "pro" or caretaker who supervises court reservations and activities. Paris would be well served by such a facility. TENNIS COURTS AT CULBERTSON PARK -21- Projected 1995 Percentage of Population Participating' Activity: % Partici atin Soccer 4 Hiking 6 Golf 7 Tennis 7 Saltwater swimming 7 Football 8 Baseball 10 Nature study 10 Basketball 11 Jogging 13 Horseback riding 15 Softball 16 Off -road vehicle riding 20 Freshwater boating 24 Bicycling 24 Hunting 24 Open space activities 24 Camping 25 Playground use 33 Freshwater swimming 36 Freshwater fishing 38 Pool swimming 38 Picnicking 39 Walkina for Pleasure 56 31990 TORP - Assessment and Policy Plan, Texas Parks and Wildlife Department, Austin, Texas. Page 5 -5. -22- 939 0 0 0 La N d N m o fQ O J 0 ANr- D In C m '(D Q.. Q. o �= a _c 41D o o L cz CL cn Q 4 a' � • � zts Ln co � SIR j U Z U3 A o L1 m a N to r`n c`6n E C7 o a's Z q- 3 o c V C7 N ,y c� cz— O u_ s:.: LL CL: 4► � m '$ u o V .C2 y— v sL cn L U CU LO X CD f�-+ V C o T1 U o;v mT.— _ E s0:jTS E x W a 0 O O p V L 7 94.0 B. Statewide Planning Concerns The Texas Outdoor Recreation Plan (TORP) of 1990 offers the following information. ". . . walking for pleasure, picnicking and pool swimming are the activities that have the highest percent of the population participating in them,as is true for the state as a whole. With the abundance of freshwater lakes in the region, it is not surprising that the percent participating in freshwater activities (boating, swimming and fishing) is higher in this reginon compared to most others. The region (Region 5 includes Bowie, Lamar, Cass, Hopkins, Titus, Red River, Morris, Franklin, and Delta counties) also has the third highest annual per capita rate of hunting participation of the twenty -four planning regions with 1.9 occasions, and the highest per capita rate of horseback riding, 1.1 occasions. Off road vehicle riding is also a popular activity in the region, as compared with other regions in the state. ,4 The table on the previous page depicts the percentages of persons in the Paris region as defined above who participate in various outdoor activities. Additionally, the 1990 TORP states: "Both the cities of Texarkana and Paris own tracts of land with small lakes that, although used by the public, have not been developed to their potential. Lake Crook (Paris) and Bringle Lake (Texarkana), with cleanup and minor development, could become good open space areas." C. Public Participation Public participation meetings have shown the following recreation needs most often expressed by the citizens: 1) No public swimming pools exist or have existed in recent history in Paris. There is substantial demand for competitive, recreational, and instructional pool uses within the city. 2) The city owns substantial land and water resources in Lake Crook and Lake Gibbons which are not being fully utilized. 3) There are no suitable lighted tennis courts. The courts existing are in residential neighbor-hoods where the lighting is sometimes offensive, the court surfaces are in poor shape, and the facilities are not conducive to setting up city leagues or tournaments. 41990 TORP - Assessment and Policy Plan, Texas Parks and Wildlife Department, Austin, Texas. Page 5 -5. -23- fi -._ -- ,...,.,,,,, 11 .y, 1, ,,.,....Y. 4) There are newer parts of town where there are no parks within walking distance. 5) There are no suitable girls softball facilities. 6) Restrooms are lackingand portable toilet facilities are unacceptable. 7) The equipment at Wade Park is aged and obsolete combining older children's playground equipment with younger and inaccessible by wheelchair. D. Recommendations Following evaluation of the public input, City staff compiled the following list of projects in the priority order in the opinion of the staff and consultant: 1. Municipal Swimming Center The City of Paris has not had an operating public pool in modern history and, in fact, there are no pools available to the general public in the city or reasonably close to it. The construction of a municipal pool would meet several demands voiced by participants in the public hearings and committee meeting, namely: childrens' competitive swimming, water walking - aerobics, lap swimming, instruction swimming and lifesaving, and free swim. However, swimming alone is not generally economically viable and many modem pools are famished with amenities such as group party facilities, picnic tables, concession /vending, volleyball, sun and shade decks, and large grassy play areas Estimated Cost (Exclusive of Land) .. ............................... $425,000 2. Wade Park Improvements Wade Park is one of the largest, oldest, and most active parks in Paris and many of the facilities in the park are obsolete or damaged. Parking is limited to curbside parking on one side and head -in gravel parking on the opposite side. Many of the facilities are not handicapped accessible. Sidewalks into the park would improve accessibility for the handicapped and elderly.The pavilion is a light weight frame with a metal roof. It should be replaced. Playground equipment is in need of replacement. Estimated Cost (Equipment, pavilion) $ 52,500 Estimated Cost (Parking Lot) ....... , . $ 30,000 3. Lake Crook Recreation Area Development Lake Crook has never been really developed to its fullest potential. An existing boatramp is dilapidated and needs replacement but even so is inaccessible because of uneven ground and erosion. Restrooms in the small picnic area were destroyed years ago and the old swimming area needs vegetation removal and cleanup. The development could be -24- -._ -- ,...,.,,,,, 11 .y, 1, ,,.,....Y. 4) There are newer parts of town where there are no parks within walking distance. 5) There are no suitable girls softball facilities. 6) Restrooms are lackingand portable toilet facilities are unacceptable. 7) The equipment at Wade Park is aged and obsolete combining older children's playground equipment with younger and inaccessible by wheelchair. D. Recommendations Following evaluation of the public input, City staff compiled the following list of projects in the priority order in the opinion of the staff and consultant: 1. Municipal Swimming Center The City of Paris has not had an operating public pool in modern history and, in fact, there are no pools available to the general public in the city or reasonably close to it. The construction of a municipal pool would meet several demands voiced by participants in the public hearings and committee meeting, namely: childrens' competitive swimming, water walking - aerobics, lap swimming, instruction swimming and lifesaving, and free swim. However, swimming alone is not generally economically viable and many modem pools are famished with amenities such as group party facilities, picnic tables, concession /vending, volleyball, sun and shade decks, and large grassy play areas Estimated Cost (Exclusive of Land) .. ............................... $425,000 2. Wade Park Improvements Wade Park is one of the largest, oldest, and most active parks in Paris and many of the facilities in the park are obsolete or damaged. Parking is limited to curbside parking on one side and head -in gravel parking on the opposite side. Many of the facilities are not handicapped accessible. Sidewalks into the park would improve accessibility for the handicapped and elderly.The pavilion is a light weight frame with a metal roof. It should be replaced. Playground equipment is in need of replacement. Estimated Cost (Equipment, pavilion) $ 52,500 Estimated Cost (Parking Lot) ....... , . $ 30,000 3. Lake Crook Recreation Area Development Lake Crook has never been really developed to its fullest potential. An existing boatramp is dilapidated and needs replacement but even so is inaccessible because of uneven ground and erosion. Restrooms in the small picnic area were destroyed years ago and the old swimming area needs vegetation removal and cleanup. The development could be -24- n SCALE 1' = 100' CIL FENCING POOL 3 PICNIC TABLES 3 COOK STOVES Proposed Municipal Pool - City of Paris - • s - � to = - _ -= - -- - - -0 ' CZ N!!3/{I yON NOlJly[7��7p = � � - � _ + ib`»r s - • s - � to = - _ -= - -- - - -0 ' CZ X44 enhanced through the installation of new picnic areas and group picnic pavilion, paved - parking, nature and hike and bike trails, restrooms, playground equipment, and recreational vehicle camping pads with utility hook -ups. However, such improvements will be _ meaningless unless the access road is reworked entirely. The old road is covered with mud and eroded severely. This natural facility has much potential and could be developed in several phases if necessary. If adequately designed, the camping area could become an economic boon to the area instead of a liability. Estimated Cost .......... ............................... $400,000 - 600,000 4. Upgrade Parks Citywide Parks throughout the city have play equipment which does not meet current standards for safety or have been damaged or vandalized. Some of the equipment is over thirty years old. Shelters are needed in several parks across the city. Tables need to be replaced, especially those with wooden tops or built out of concrete and stone. Handicapped accessible tables are needed. Ballfield fences are in need of replacement, having outlived their useful lives. EstimatedCost .................. ............................... $ 40,000 PLAYGROUND AT WADE PARK -25- 5. Sports Complex 945 Many participants voiced concern over the lack of facilities for children and youth to meet, exercise and play safely. Tennis courts were recommended by some; softball fields for girls was also mentioned. A teen recreation center received a lot of support as well. There are currently no lighted basketball courts in the city. Serious review of these needs and a search for a suitable site raised the possibility of a single complex housing all these features on a tract of land near Paris High School. Six lighted tennis courts, two lighted basketball courts and three girls softball fields (also lighted) are needed to meet present demand. This project could be developed in phases. Estimated Cost (Exclusive of Land) Six lighted tennis courts ..... ............................... $ 160,000 Two lighted basketball courts . ............................... $ 35,000 Three softball fields (lighted) .. ............................... $120,000 Recreation center gym /assembly /weights /aerobics .... $400,000 to $2,000,000 6. Pave Parking Areas Many of the parks have gravel or dirt parking facilities. New driveways in Paris must be dust -free and thus paved. Paving the parking areas will bring them into compliance with current standards, improve drainage, promote usage of the parks, and improve handicapped and elderly access. Estimated Cost .......... ............................... $25,000 to 125,000 7. Security Lighting All parks should be furnished with minimal security lighting to provide safe usage at night, and reduce vandalism and crime. Estimated Cost ................... ............................... $70,000 8. Restroom Facilities Presently, there are public restrooms only at one public park. The city currently rents portable toilets during the summer months for between $6,000 and $8,000 per year. Permanent vandal resistant restrooms should be built that meet accessibility standards for the handicapped. They should be lockable, well lighted and of course well maintained. Vandal resistant lighting is also a must. Because they are so susceptible to vandalism, restrooms should be built in high use parks such as Wade, Culbertson, Oak, and Record. -26- All V OWN I. IMMY . . .......... 44 AL JA Fa F.—n-O" Orl-pip 4A. 'ihl:i'� r'i�4L.Y�i1�����%�r'.,�: �s''�+:i•'•' • r,• v.iJ,;;Y_E:�1 -� . ' .• �: s'�►. 44, LO • 14• 948 Section 8 - Implementation A. Timetable The following time schedule is recommended for orderly development or re- development of parks in Paris: Item Year Priority 1 - Municipal Pool ......... ............................... 1995 -1996 Priority 2 - Wade Park Equipment .. ............................... 1995 -1996 Priority 2 - Wade Park Parking ........ ............................... 1996 Priority 3 -Lake Crook Recreational Area (Phase 1) ........................ 1996 Lake Crook Recreational Area (Phase 11) ........................ 1997 Lake Crook Recreational Area (Phase III) ....................... 1998 Priority 4 - Upgrade Parks ... ............................... Budget annually Priority 5 - Sports Complex (Courts and Fields) ........................... 1997 Sports Complex (Recreational center building) ................... 2001 Priority 6 -Pave Parking Areas ..... ............................... 1996 -1997 Priority 8 - Restroom Facilities ..... ............................... 1996 -1999 Priority 9 - Acquisition ............. ............................... Ongoing B. Funding An ambitous plan of development with several millions of dollars in construction cost alone not counting land acquisitions dictates some creative and varied fund raising is needed. Some of the projects can be paid for from budget and capital improvement (bond) funds or certificates of obligation. The City of Paris has indicated its willingness to apply for grants -in -aid the most prominent of which are: Texas Department of Housing and Community Affairs. Community Development Block Grants are federal funds distributed from the U.S. Department of Housing and Urban Development directly to states who in turn distribute through a complicated regional point system to counties and cities. Wood County or any of its incorporated areas. Parks developments are eligible. A local match of ten to twenty percent is usually necessary for the maximum grant of $250,000. The complication is that, in the intense competition for such funds, usually only ten to twelve of nearly forty grant applications will be funded in the East Texas Council of Governments region. Parks are not usually high enough on the regional priority scale (set by the Regional Review Committees themselves) to score sufficient points to be competitive. Texas Parks and Wildlife Texas Recreation & Parks Account Program. This program has long been used by cities and counties to fund park improvements. In 9 L� fact, several parks in Paris were developed or enhanced with this program. The program requires 50% local match which can be in the form of donated force account (applicant's own work forces and equipment), donated labor and /or equipment, cash, or donated land or combinations of all. Applications are received by TP & W on January 31 and July 31 of each year and funding is usually announced 6 to 8 months later. Grant offers follow soon thereafter and allow three years from grant signature for project completion. The program was recently amended to add some really attractive features. For example. Non -park public lands can now be converted to park use and count as part of the local match in much the same way as donated lands. This includes public lands owned by independent school districts, junior colleges and other public entities. An old landfill or sewage plant, if the land is acceptable for park use, can be converted and the city gets matching funds up to its appraised value. Texas Parks and Wildlife Boatramp Fund Texas Parks and Wildlife has funds available for boatramps under a separate application procedure. I TENNIS COURTS AT CULBERTSON PARK -29- Conclusion Based on public participation hearings, invitations to solicit comments, staff and consultant input, the City of Paris should proceed with development and refurbishment of the parks and recreation facilities in Paris. The argument will surely be made that parks and recreation facilities like tennis courts and swimming pools cost money to build and operate and are surely "money losers ". The public should keep in mind, however, that streets and sidewalks are not money- makers either to any extent. For that matter, police and fire departments are not self supporting. There are simply some things in city government that the public demands acknowledging the fact that there will be little or no revenues to off -set expenses of providing those facilities. The adoption and implementation of this plan will meet the goals and objectives set out in Section 4 of this plan. -30- 951 Appendices. TABLE OF CONTENTS Public Participation Notices Public Responses to Solicitation Survey of Eight Municipal Pool Facilities 052 Public Participation Notices Proof of Publication STATE OF TEXAS Before me, the COUNTY OF LAMAR t undersigned authority, on this day personally appeared Debra Voorhies known to me, who being by me duly sworn on her oath deposes and says that she is the Classified Advertising Manager of the Paris News, a newspaper published in Paris, Lamar County, Texas and that a copy of the within citation was published in said newspaper THE PARIS NEWS, such publication being on the following dates: January 8, 1995 and a newspaper copy of this is hereto attached. Debra Voorhies STATE OF TEXAS COUNTY OF LAMAR Before me, Onvie Hayes, a notary public, on this day personally appeared Debra Voorhies, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of "L .-- Onvie Hayed Total Publication Cost: $ 12.75 NOTICE OF PUBLIC HEARING TO ALL INTERESTED PERSONS AND THE PUBLIC IN GENERAL YOU ARE HEREBY NOTIFIED mat the City of Pans well nw0 a puohc hearing at 6 p. m., on MonOay. January 9, 1995, in the City Coun- cil Chambers. city Hall. 135 S.E. Is( Street. Pans. Texas to receive input From Citizens Concerning a Texas Parks 6 Wd01de Grant AD- plicabon for bud0ing a munciDal swImmng pool. .W me Cunnngnam Ory Clerk THE PARIS NEWS, Post Office Box 1078 Paris, Texas 75461 5 Proof of Publication STATE OF TEXAS Before me, the COUNTY OF LAMAR f undersigned authority, on this day personally appeared Debra Voorhies kr me, who being by me duly sworn on hl deposes and says that she is the Cl. Advertising Manager of the Paris NE newspaper published in Paris, Lamar Texas and that a copy of the within citati published in said newspaper THE PARIS such publication being on the following date January 5, 1995 and a newspaper copy of this is hereto attac Debra Voorhies STATE OF TEXAS COUNTY OF LAMAR a.;1? p n ea r;chelrle Eli ., - ducted .fotrritizen -;input Degaid- ttrts News wg,�rnd,�° Psr*ks�, dcvzscd bX the city of Pans. - �*#na3.,[a,a1d ",iiiciud;r 1mPzovert�ir�s fcirathl rdfat '.city toy apply.. tetic fields;` _$ ITEI2Wg,-POID for $Tang these ^d s .a arks Apra dng arias master ust be sub or Plad�m nutted fishing purer sit} tt agp P �ili lie $90 -9; rammun t aciltuesa -$ £s: z ,'I iirsda a dict rise GII�'s, wimmnp �'r Y � at re PoolCo -liag=ETeamary,Sch'aolE'afe- m>2iittee approved this".' .Jed' a ate p _: .. *,y ;,7, week recommending the Ctty : at'Justis4 Elementariz Scliaol .�QUnc�I Stith- ¢nze.� -S�t agPh�eafetexia;._- Sattoq, to btiild' a bltc, swr A', - 1?U Wednesday. lau -Afl & :2�the Fair Ong. g0ol vs Giau�idsac"�callibit Before me, Onvie Hayes, a notary public, on this day personally appeared Debra Voorhies, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. given under my hand and seal of office :his ' — fz- day of , A.D. i S s_,, " 122i� Onvie Hayes Total Publication Cost: $ THE PARIS NEWS, Post Office Box 1078 Paris, Texas 75461 Proof of Publication STATE OF TEXAS Before me, the COUNTY OF LAMAR t undersigned authority, on this day personally appeared Debra Voorhies known to me, who being by me duly sworn on her oath deposes and says that she is the Classified Advertising Manager of the Paris News, a newspaper published in Paris, Lamar County, Texas and that a copy of the within citation was published in said newspaper THE PARIS NEWS, such publication being on the following dates: January 15, 1995 and a newspaper copy of this is hereto attached. Debra Voorhies STATE OF TEXAS COUNTY OF LAMAR Before me, Onvie Hayes, a notary public, on this day personally appeared Debra Voorhies, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand-and seal of office this /. � day of - , A.D. / ,> , Onvie Hayes i Total Publication Cost: $ Tpq§day, Jan. 17 CITY SEEKS INPUT ON PARKS A public hearing for a parks master plan will be 6 p.m. Tuesday, Jan. 17, at Justiss Elementary School cafeteria. THE PARIS NEWS, Post Office Box 1078 Paris, Texas 75461 Proof of Publication STATE OF TEXAS Before me, the COUNTY OF LAMAR undersigned authority, on this day personally appeared Debra Voorhies known to me, who being by me duly sworn on her oath deposes and says that she is the Classified Advertising Manager of the Paris News, a newspaper published in Paris, Lamar County, Texas and that a copy of the within citation was published in said newspaper THE PARIS NEWS, such publication being on the following dates: nuary 15, 1995 and a newspaper copy of this is hereto attached. Debra Voorhies STATE OF TEXAS COUNTY OF LAMAR Before me, Onvie Hayes, a notary public, on this day personally appeared Debra Voorhies, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand-and seal of office this �' day of �f� -,-- , A.D. /y i Onvie Hayes Total Publication Cost: $ In CITY SEEKS INPUT ON PARKS A public hearing for a parks master plan will be 6 p.m. Wednesday, Jan. 18, in the west side exhibit building on the fair grounds. THE PARIS NEWS. Post Office Box 1078 Paris, Texas 75461 SURVEY OF SWI`,91ING POOL OPERATIONS CITY: MT. PLEASANT CONTACT PERSON • MIKE HALL POPULATION • 12,000 PHONE: 903) 572 -3412 SIZE OF POOL: 60' X 100' DIVING AREA: YES HOURS OF OPERATION: AVERAGE. DAILY ATTENDANCE: 125 - 72 DAYS ADMISSION FEE: $2.00 SWIM CLASSES: YES POOL RENTAL FOR PARTIES: NO SIZE OF STAFF: `4ANAGER - 1, GUARDS - 4 CONCESSION OPERATION: OPEN CONCESSION BY GUARDS CONSTRUCTION COST: UNKNOWN - BUILT IN 1951 ANNUAL OPERATING COST: $22,610.00 ANNUAL REVENUES: $17,000-00 ANNUAL PROFIT /LOSS : LOSS - S5,600.00 SURVEY OF SWI' -SING POOL OPERATIONS CITY: MT. VERNON POPULATION: CONTACT PERSON: JAHES STINSON PHONE: 903) 537 -2252 SIZE OF POOL: 35' X 45' DIVING AREEA: YES HOURS OF OPERATION: 1 - 6 P.M. AVERAGE DAILY ATTENDANCE: 68 - 75 DAYS ADMISSION FEE: $1.50 SWIM CLASSES: YES POOL RENTAL FOR PARTIES: NO SIZE OF STAFF . GUARDS - 5 CONCESSION OPERATION: `MACHINES CONSTRUCTION COST: UNKNOWN - BUILT WITH PRIVATE FUNDS ANNUAL OPERATING COST: $10,000-00 ANNUAL REVENUES: S6,800.00 ANNUAL PROFIT /LOSS : LOSS - $3,200.00 Resolution No. 95 -0199 authorizing the Mayor of the City Shelton, to sign the cover sheet of Texas Department of Transportation Project entitled "24th Street Federal Aid Project No. of Paris, Don from College Street to FM 1507 in Paris, Texas, consisting of grading, surfacing, drainage, and curb and STP 90 (1B) Uh1" was made b guttering, was presented. 9' y Councilman Clifford, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes. 0 nays. 9! L.vcAl(4) 44 �aSnt��a�S Please announce periodically through January 18, 1995. A series of public hearings will be held by the City of Paris Parks Department to receive citizen input as to what new parks and recreation facilities they would like to see in Paris. This information will be the basis for a new Parks Master Plan. Individuals may request anything they desire concerning park activities and facilities. Such as recreation center, pool, athletic fields, imDrovements to Lake Crook and Lake Gibbons and any other park activities they might be interested in should be discussed. 1. Citizens may attend any of the following public hearings: January 12, 6 P.M. Aikin Elementary School Cafeteria January 17, 6 P.M. Justice Elementary School Cafeteria January 18, 6 P.M. Lamar County Fairgrounds West Exhibit- Building Citizens input is a must in preparing a Parks Master Plan. The general public along with service club representatives, yout. sports association and senior citizen representatives are invited to attend one of these verf important meetings. Public Responses to Solicitation C hamber Serving Paris and Lamar County January 5, 1995 Mr. Dick Boots City of Paris Parks & Recreation P.O. Box 9037 Paris, TX 75460 Dear Mr. Boots: At the Chamber of Commerce we are continuously contacted about the availability and type of public recreational facilities in Paris. Although the facilities in Paris are excellent and well maintained, we certainly believe that there is a need to provide additional recreational opportunities to our citizenry. The Lamar County Chamber of Commerce wholeheartedly supports the concept of a master plan for Paris' Parks and Recreation Facilities. Through a long term plan and commitment, we think the recreational desires of our community for both indoor and outdoor public facilities could be better served. Please let us know how the Chamber may work with the City to accommodate the recreational needs of our community. GV /kb Sincerely yours, Gary Vest Executive Vice President /CEO CHAMBER OF COMMERCE OF LAMAR COUNTY 1651 CLARKSVILLE ST. PARIS, TEXAS 75460 0.5 960: V1ffYWCA of Paris and Lamar County 308 South Main Paris, Texas 75460 (903) 785 -5221 January 6, 1995 Dick Boots Community Facilities Director City Hall Paris, Texas 75460 Dear Mr. Boots, The YWCA uses Culbertson Park extensively to provide its girls' Little Dixie Softball program during the spring and summer. The facilities at Wise Park are also used. Approximately 250 girls between the ages of 7 and 15 play on the fields each summer. During the time that the girls are playing, parents and siblings also enjoy the facilities at the park. In an age when children spend too much time on their own, the sports program we offer in partnership with the city (through the use of Culbertson Park) provides wholesome activity and quality family time for the girls. Improving facilities in any way contributes to the safety and well -being of the girls in our program, as well as providing a more aesthetically pleasing environment. A Master Plan which would guide the upgrade of park facilities would be welcomed and appreciated by the YWCA. Sincerely, Priscilla Merriman Executive Director Member Agency Lamar County United Way Paris junior College January 6, 1995 r-' I Mr. Dick Boots Director of Community Facilities City of Paris 150 S.E. 1st Paris, TX 75460 Dear Dick: I We at Paris Junior College pledge our utmost support to the City of Paris' Long Range Master Plan. The continual growth of Paris and Lamar County will need the visionary approach the City of Paris is taking. Outdoor recreation is a critical need for our community for the well being of our citizens and for the attraction of future industries. If Paris Junior College can be of any assistance in the attainment of these goals, please do not hesitate in calling on us. Sincerely, Bobby R. Walters President BRW /sw 2'00 Clarksville Street Paris. TX 75-16G.6298 (903) 735.760 FAX (903) 78.1.9370 DI 962 January 7, 1995 Paris Parks Department Dick Boots P.O. Box 9037 Paris, Texas 75460 Dear Mr. Boots The Lake Crook Fisherman's Association (LCFA) has strived over the past several years to up grade the Lake Crook area. We have rebuilt the fishing pier to where it is safe and enjoyable for all involved. We understand that a Masterplan is being prepared by the Parks Department. The LCFA totally supports the effort to develop a Masterplan. Hopefully, additional improvements can be made that will enable the residents of Paris to fish, picnic and play once again at this beautiful public recreation area. We encourage you to solicit funding and apply for grants to make the improvements that are necessary. Sincerely, Lyndol Redus Lake Crook Fisherman's Association 6� January 8, 1995 City of Paris Parks Department Dick Boots P.O. Box 9037 Paris, Texas 75460 Dear Dick, On behalf of the Paris Softball Association and it's forty teams, I want to thank you for your support of our organization. Outdoor recreation is a very important part of our lives. The PSA fully supports your efforts in developing a Parks and Recreation Masterplan and in submitting an application for funding assistance for the City of Paris. Hopefully, through development and future planning, we can all benefit from more recreation and athletic facilities. Thanks for your help over the years. The Paris Softball Association will help in whatever way we can to see that our facilities are upgraded for the benefit of our users. Respect /fully, Mike Goss President Paris Softball Association U69" ROTARY CLUB OF PARIS, TEXAS P. O. Box 762, Paris, Texas 75460 CLUB NQ. 194 DISTRICT 583 ORGANIZED NOV. 9, 1915 CHARTERED JAN. 1. 1916 January 8, 1995 Mr. Dick Boots City of Paris Parks Deparment P. O. Box 9037 Paris, Texas 75460 Dear %Mr. Boots, The Rotary Club of Paris is most supportive of your efforts to develop a Master Plan and application for funding for the City of Paris Parks Department. Recreation and park activities are a vital part of our community. Renovating older facilities and constructing new park facilities is of utmost importance to the well -being of our Paris. We appreciate what you are doing, and ask that you let us know if there is any way we can assist you in this activity. Yours truly, /i Don McCaskill President Servicer Abt, re Sell He PMfits Most Who Serves Best a Breakfast Optimist Club of Paris, Texas 9'ttznd Of lyout4 P.O. Box 1011 Paris, Texas 75461 -1 01 1 CHARTERED 1957 1 -12 -95 Dick Boots Director of Community Services City of Paris P. 0. Box 9037 Paris, Texas 75461 -9037 Dear Mr. Boots: The Breakfast Optimist Club of Paris strongly supports the efforts being taken in the development of a comprehensive plan for park development within the City of Paris. We believe such action will contribute greatly toward improving our park system for many years to come. There is no question that we are fortunate to have an existing park system which has provided the citizens of Paris with excellent facilities for many years. As our city continues to grow, however, a comprehensive plan for additional facilities is needed which will serve to meet the needs of both old and young alike in the future. We appreciate very much the efforts of both you and the Paris City Council in this regard. If we can be of any assistance, please let us know. Sincerely, Bill Bell, President Breakfast Optimist Club January 10, 1995 Mr. Dick Boots City Hall Paris, Texas 75460 Dear Dick: I am writing this letter in support of making the renovation of Wade Park a priority in the city's master plan. I'm sure your statistics indicate that Wade Park is the most widely utilized park in Paris. As a native of Paris, my family has used the park for the last 30 years for general recreation as well as for special occasions such as birthday parties and family gatherings. (I can even remember when my mother, sisters, brother and I would walk from our house on Culbertson to the wading pool at Wade Park.) As director of the Lamar County Even Start Family Literacy program, we have used the park for familv picnics and activities. I was involved with the Jaycees many years ago when they were putting in some of the equipment. Although the park has served many families, the existing equipment is extremely outdated and, in my opinion, several pieces are not safe. Adding play equipment which is developmentally appropriate and actually sectioning off the grounds according to age level would be a wonderful improvement to the park. I would also like to see equipment that could be used by children who are physically challenged. I am most definitely in favor of improving Wade Park to make it more accommodating and accessible to a greater number of people. Its location is good and the setting is nice. I feel this should be an item of high priority for the city, and I would appreciate your consideration of such. If you have questions or if I can be of assistance with this endeavor, please do not hesitate to call on me. S'►n -C ere I � Pam Christian, .Director .1 1 Phone (903) 737 -4340. Fax 1903) 737 -4343 . '35 Sra!,4 Aver-u6 9 Paris,Texas 7500 a January 7, 1995 3025 Oak Creek Drive Paris, TX 75462 Mr. Dick Boots Paris Parks Department Paris, TX 75460 I wish to express my support for the building of a public swimming pool in Paris, Texas. Swimming should be encouraged for a wide variety of reasons. It is an excellent aerobic exercise for people of all sizes, shapes, and fitness levels. It is a lifetime sport enjoyed by people of all ages. It lends itself well to both individual and team competitions in not only speed swimming but synchronized swimming as well. The presence of a public swimming pool would also help the YWCA, Red Cross, and many other groups to decrease the number of non - swimmers in our community. This would then help decrease the number of drownings each year in area lakes. And, of course, swimming is fun! Wider access to swimming should be encouraged. None of the school districts in Lamar County currently has a swim team. The schools do not have the money to both construct a swimming pool and fund the program. With an appropriately designed swimming pool in the community, it might soon become feasible for one or more of the school districts to enclose the facility to permit year -round swim training necessary for a successful program. The community has already shown a strong interest in swimming. Aerofit, a local health club, has built an indoor four -lane swimming pool for aerobic workouts as well as fitness and recreational swimming. The pool is adequate for Aerofit's needs but is not widely accessible to most people in Paris due to its expense. A private group of swimmers and their parents have also organized a swim team that practices at Aerofit's pool. Again, the pool is adequate but often too expensive for most people to utilize. I personally know of several people who have been forced to quit the swim team due to its expense. The presence of a public pool would dramatically open access to swimming instruction to many other community members. As a physician, community leader, certified Red Cross swim coach, and father of four swimmers, I feel uniquely qualified to state unequivocally that a public swimming pool would be a wonderful asset to this community and would improve the quality of life for folks of all ages in the Paris area. Sincerely, Steven J. Clifford, M.D. 1/10/95 Dear Mr. Boots, When my family moved here 8 years ago I was very much surprised Paris did not have a public pool. I have been a Red Cross swimming and lifequarding instructor for many years at many pools and feel a city pool adds to the overall attraction of families to any community. Being involved with Paris for the past 8 years I feel it is not only a need but a necessity for this community, to service ALL families with appropriate recreation facilities instead of letting someone else or group meet these demands. Let the City of Paris do it right! I fully support your efforts to build a City pool and offer my services if needed. Sincerely, f�. Kristin A. Carmack ♦rJ January 9, 1995 Toni Donnan 525 SE 42nd Paris, TX 75460 784 -2305 Dear Mr. Boots, Jean Campbell has asked me to write a letter in support of a public swimming pool for the City of Paris. I do not know where to begin, except to say HOORAY!!!!! With all the open water available in and around Lamar County, our citizens are limited in the availability of public swimming instruction and supervised aquatic facilities to practice and improve swimming skills that they have learned. As an avid supporter of water activities, I applaud and encourage the City to provide our citizens with an affordable and professionally supervised and maintained aquatic facility. Sincerely Toni Donnan WSI, AEA, AFAP Certified 969 1/10/95 City of Paris Department of Parks and Recreation Mr. Dick Boots, Director Dear Mr. Boots: I am writing this letter as a Minister, a board member of several community outreach programs and as a resident of Paris. I want to express to you how passionate I feel about the need for a public swimming pool in our community. As a parent I have wished there were some place for my child to swim in the summer. I have also been painfully conscious of the fact that we live in a community that has a strong history of racial segregation. The thought of having a municipal swimming pool at a high visibility location such as the one suggested on the loop, would be a powerful statement about our intentionality of being a progressive community. As board chairman of Co- Ministry, I see a great need for recreational resources in our community which can be afforded by everyone. As a minister I see a need for our children and youth to have a supervised community recreation resource which can be utilized by entire families. I will support the issue of building a public swimming pool in every way possible. It will be good for our children, and good for Paris' image where growth and progress are concerned. Thank you for your coysideration, E. Ross RichaYdson — First Christian Church _. (Disciples of Christ) Rev. E. Ross Richardson 780 20th N.E. Paris, Texas 75460 (903) 785 -5516 9/1 f G�iG3II� aa�� !=, 9AnV[N PG�3D�o 4II � January 14, 1995 To: Mr. Dick Boots Parks & Recreation Commissioner City of Paris Paris, Tx 75460 From: Executive Committee Paris Tennis Association, Inc Dear Mr. Boots: We are very concerned about the future of tennis in Paris. We believe it is imperative that plans for court renovation or building of new courts be included in any Master Plan involving future improvements to recreation and parks in Paris. The Paris Tennis Association (PTA) was reactivated in 1988 by about 6 people. Since that time it has grown to a steady membership of approximately 200 including 65 juniors. The PTA exists to make and keep tennis available to people of all ages in Paris and the surrounding towns. The PTA is the only organization providing this service for a 100 mile radius. Players, who are not members of private clubs, must drive 2 hours to play organized tennis. Although tennis is a sport that can be enjoyed by anyone for all of their active life, it is not easy to learn. It is difficult for somebody to just pick up a racquet and start hitting the ball across the net with any effectiveness at all. For this reason we believe that organized tennis is very important to the community. The PTA is the community's vehicle for teaching the basics to beginning players - not just how to play the game - but also how to act on and off the courts. C�G��II� �aaII� G1���IIf� t�IIOa __ P -O. BnX 1 PNnNF: 78 - l�Fi�in nR l35- 7413 After learning the basics of tennis, most players, young and old, become interested in organized play to improve their skills or just to have fun. More kids have tried out for the Tennis Teams in our schools the past 2 years than ever before. Many players enjoy league and tournament play. The PTA strives to provide all this and more for the people of Paris by offering beginner clinics throughout the year for juniors and adults; by having weekly league play year around; and by hosting 3 tournaments per year. ALL OF THIS IS DONE BY VOLUNTEERS. We strongly feel that the future of the courts at Culbertson Park is in jeopardy. The court surfaces are in a needy state of repair. Even the 3 courts that were resurfaced by the city a little over 4 years ago are chipping and cracking. This is partly due to water that stands after a rain, however some of it is due to the ever increasing vandalism that we are experiencing at the park. The tennis courts are being abused by kids on roller skates, roller blades, bicycles, and skateboards. They play hockey, baseball, football, and they sit straddled on the nets swinging each other until the net collapses. These unauthorized sports and games have really taken their toll on the court surfaces and net posts. The increase of loiterers around the courts has resulted in harassment and aggression toward the players. Some people won't even play at night anymore and certainly don't drop their children off unattended. The Paris Tennis Association asks that the City of Paris build courts away from any residential areas. We feel a great location would be in the middle of the walking track at Dragon Park between 24th SE and Collegiate St. This would be ideal for tournaments hosted by our city schools and would increase the safety factor for people who enjoy the walking track. Tennis is a gentlemen's sport not associated with yelling and screaming and poses no threat to the tranquility of the walking track. VAMio 4�aaII� �fl� °�4G�4�IOGl PARds. tX 75 l�) tONF _ 7i3 - (�)65t� OR 7t7r�- Should the City Council decide that constructing lead t tennis you th t the near future, can not be accomplishes k ba resurfaced properipy and that strict courts at Culbertson P measures be taken and enforced to halt the m improper use of the courts, harassment of p la y ers, and vandal vvho enjoy the On behalf of the Paris Tennis Association, people you for our game of tennis, and all future tennis pl e tennis thank safe and active our concern in keeping past help and for y a es document the PTA's sport in this area and following future plans for tennis in Paris. activities, accomplishments, Respectively yours, Paris Tennis Association Executive Committee: Dieksie Walker, President Rick W e r, Vice President �' Philip Clark, League Director & U STA Referee 974 MEMO To: Mr. Dick Boots From: Dr. Jean Bailey Campbell Subject: City of Paris Swimming Pool Date: January 18, 1995 I have been involved in aquatics for nearly sixty years! First as a child swimmer and diver in municipal pools, as an aquatic water front director of summer camps, as a synchronized swimmer in college,as an owner of a back yard pool for 35 years, as a professor at Bowling Green State University of Ohio serving as the Synchronized Swim Coach and the Women's Intercollegiate Swimming and Diving Coach, as the director of more than 30 annual water shows, as an American Red Cross Water Safety Instructor Trainer and Lifeguard Instructor Trainer for over 20 years, first in Chicago, then in Ohio and for the past 13 years in Paris, Texas. Since there is no municipal pool in our area, all the lifeguard and swimming instructor classes that are taught are, by necessity, taught at local motels, private clubs, country clubs or private back yard pools. Many of these are inadequate for part of the training and it is sometimes necessary for the class to travel to a church camp about 20 miles outside of town. Many youngsters and adults have no place to swim at all. Only the affluent in our town who can afford to join a private club or own, or have friends who own, a back yard pool ever have a place to swim. Some are able to take swimming lessons through the YWCA, Areofit Health Club and private swim clubs, but them have no place to practice what they learn in the lessons. Many are unable to do so because of lack of funds or because the lessons are completely filled early in the season. Swimming is one of the most beneficial life -long exercises; water walking, exercises in water and water aerobics are valued activities for senior citizens and arthritic and cardiac rehab patients, and Physical Therapy in water often hastens recovery of patients. The majority of our citizens are deprived of the benefit of these activities because there is no pool available to them. A well-run municipal pool that offers high quality swimming lessons, recreational swims, water aerobic, water walking, water rehabilitation classes, scuba instruction, competitive swimming and diving, synchronized swimming opportunities, high quality life guard instructional classes would greatly improve the quality of life in Paris and Lamar County. Be assured that I will help facilitate the construction of a city pool and work to help develop instructional and recreational activities in the pool. .lanuary 16, 1995 Subject: The deed for a Public Swimming Pool From: Joan Mathis When my now twenty -eight year -old son was only eight years old, I drove him and several of his friends to a pool for an evening of swimming. Prior to loading the boys onto my truck, I had called the manager to make sure that these young black boys would be permitted to swim. He assured me that there would be no problem. With towels around their shoulders, wearing swimming trunks, and the happiest of countenances on their faces, they piled out of the truck, racing toward the swimming pool. The gate keeper told them, "I'm sorry, you can't swim here!" I pushed through the cluster of boys to the gatekeeper to assert that I had talked to the manager who had okayed their swimming in the pool. "But he's not here," replied the gatekeeper. The boys' laughter turned to sheer silence. Of the ride home, I don't remember any conversation- -just the silence. Though many racial barriers have been dissolved, a public swimming pool is still non - ex!stent. Perhaps this emotional response to this indelible memory overrides any logical f eason for the construction of a public swimming pool which would surely be financially demanding for the City of Paris. Bearing this in mind, it may prove prudent to consider the possibility of purchasing or leasing an existing large pool. The demands of operating and monitoring a public pool would certainly be imposing; however, it is not a project Paris is incapable of And I strongly feel that such a sacrifice would benefit the youth of our city who have no access to a facility of this kind. A concerned citizen, lZMathis Public Responses to Solicitation L,3h� [�- C- C) e (--, ci 0f-- � � J�c - W) cl&t 1--) Oc� 14� 0 97S LO lo IlIG oAt Il .J J hH t,f,,2, need a PcQ,, C neck C�- CA ce WO 14 aAn f� �P °n -i-C log 11 ( -�-�� � 'l�h � en- i IA 979 b0- soyvNpboc � � CITY OF PARIS MEMORANDUM TO: ERIC CLIFFORD, POOL COMMITTEE CHAIRMAN FROM: DICK BOOTS DATE: NOVEMBER 28, 1994 As requested, I have surveyed eight municipalities concerning pool operations. Five of these are in the same population range as the City of Paris. The other two are smaller towns in this area that operate a municipal pool. Each of these Cities has a survey sheet attached to this memo concerning their swimming pool operation at their respective city. You also requested a meeting of the Swimming Pool Committee. This has been scheduled for 4:00 P.M., December 6, in the City Hall Council Chambers. I have sent a copy of the survey to each committee member for their review prior to the December 6th meeting. Respectfully, Dick Boots Director of Community Facilities cc: Millie McDonald John Bell Jim Chadwick Jean Campbell Aaron Jenkins Michael E. Malone T.K. Haynes Tommy Haynes P.O. BOX 9037 • PARIS. TEXAS 75461.9037 • (903) 785 -7511 • FAX (903) 785.8519 • art ni_-` Z T r CITY OF PARIS ME MO RA, "7 D UM TO: ERIC CLIFFORD, POOL COM21ITTEE CF-iAIR_M.AN FROM: DICK BOOTS DATE: NOVEMBER 28, 1994 As requested, I have surveyed eight municipalities concerning pool operations. Five of these are in the same population range as the City of Paris. The other two are smaller towns in this area that operate a municipal pool. Each of these Cities has a survey sheet attached to this memo concerning their swimming pool operation at their respective city. You also requested a meeting of the Swimming Pool Committee. This has been scheduled for 4:00 P . M. , December 6, in the City Hall Council Chambers. I have sent a copy of the sur•.-ev to each committee member for their review prior to the December 6ch meeting. Respectfully, Dick Boots Director of Community Facilities cc: Millie McDonald John Bell J,n Chadwick Jean C amvbell Aaron Jenkins Michael E. Malone T. _K. Haynes Tommy Haynes P0. 60X 9037 • PARIS. TEXAS 75461-9037 • (903) 785-7511 • FAX (903) 785.8519 r � SURVEY OF SWIX -MING POOL OPERATIONS CITY: 3ROWNWOOD POPULATION: 20,000 CONTACT PERSON: DAVID WITHERS PHONE: 915) 646 -0146 SIZE OF POOL: 75' X 150' DIVING AREA: YES HOURS OF OPERATION: 1:00 - 6:00 P.M. AVERAGE. DAILY ATTENDANCE: 225 / 76 DAYS ADMI SS ION FEE: $1.00 KIDS; S1.25 ADULTS SWIH CLASSES: YES - POOL RENTAL FOR PARTIES: NO SIZE OF STAFF: 5 GUARDS ; 1 POOL `LANAGER; 2 CONCESSION OPERATORS CONCESSION OPERATION: STA,\ D OPERATION CONSTRUC'T'ION COST: OLD POOL/ UNKNOWN ANNUAL OPERATING COST: CHEMICALS - $18,000.00; STAFF S13,000.00; MAINT . S3,300.0( ANNUAL REVENUES: CONCESSIONS $7,000.00; ADMISSIONS S18,000 - S25,000.00 ANNUAL PROFIT /LOSS : LOSS - $9,500.00 U�VE° OF Swj:�ING POOL OPERATIONS CITY : CEDAR HILL CONTACT PERSON: STEVE `�ADOORS pOpULATION: 21,000 pgONE: 214) 291 -5130 SIZE OF POOL: L- SHAPED, 42' X 75' & 35' DIVING AREA: YES HOURS OF OPERATION: 1:00 - 7:00 P.H. AVERAGE DAILY ATTENDANCE: 350 - 80 DAYS AD14ISSION FEE: $1.00 S-r7IH CLASSES: YES POOL RENTAL FOR PARTIES: YES SIZE OF STAFF : `LANAGER - 1, GUARDS - 6 CONCESSION OPERATION: :iACHINES CONSTRUCTION COST: UNK.NOWN ANNUAL OPERATING COST: $42,000.00 ANNUAL REV7ENCTES: ADMISSIONS $28,000.00 , CONCESSIONS - $4,000.00 ANNUAL PROFIT /LOSS: LOSS - $10,000 SURVEY OF S 4121 i!,NG POOL OPERATIONS CI'i'Y : DENISON POPULATION: 23,000 CONTACT PERSON: SHARON LAFITTE PHONE: 903) 463 -5116 SIZE OF POOL: L- SrL4.PED, 25 :IETERS DIVING AREA: NO HOURS OF OPERATION: 1:00 - 7:00 P.M. AVERAGE DAILY ATTENDANCE: 300 / 72 DAYS ADMISSION FEE: $1.00 KIDS, $1.25 - ADULTS SWIM CLASSES: YES POOL RENTAL FOR PARTIES: NO SIZE OF STAFF: 8 GUARDS, 2 MANAGERS CONCESSION OPERATION: MACHINES CONSTRUCTION COST: UNKNOWN - 30 YEARS OLD ANNUAL OPERATING COST: ($64,500.00) UTIL.= $12,625.00; CHEM. =514,000.00 SALARIES- $34,000.00; `SAINT.- 54,000.00 ANNUAL REVENUES: $37,600.00 ANNUAL PROFIT /LOSS : LOSS - $26,900.00 u-mING ?OOL OPERATIONS SURVE° OF SrII_ -- CITY: DESO'LO CONTACT PERSON : BARBARA SCOTT POPULATION: 33,000 PHONE: 214. 230 -9650 SIZE OF POOL: 50 METERS DIVING AREA: NO - REMOVED HOURS OF OPERATION: NOON- 7:00 P.M- 250 - 75 DAYS AVERAGE DAILY ATTENDANCE: ADYISSION FEE: $1.00 Swim CLASSES: YES POOL RI•NTAL FOR PARTIES: YES SIZ:. OF ST_- : M.YNAGERS -2, GUARDS -7, CHSHIER -1 CONCESSION OPERATION : ;4ACEINES CONSTRUCTION COST' UNY -MOWN - BUILT AROUND 1965 ANNUAL OPERATING COST: $802000.00 - 520,000, RENTAL - 52,500.00, LESSONS & ANNUAL RFV-E : ADMISSIONS - 2- ,1- 50.00 CONCESSIONS $ ANN-UAL PROFIT /LOSS: LOSS - $35,000.00 SURVEY OF SWI`IMMING POOL OPERATIONS CITY: GREENVILLE POPULATION: 25,000 CONTACT PERSON: JOHN COBB PHONE: 903) 1,57 -3106 SIZE OF POOL: 60' Y 100' WITH 130' WATERSLIDE DIVING AREA: NO HOURS OF OPERATION: 12:00 NOON - 6:00 P.M. AVERAGE DAILY ATTENDANCE: 202 - 86 DAY SEASON ADMISSION FEE: $2.00 SWIP-S CI:ASSES : YES POOL RENTAL FOR PARTIES: NO SIZE OF STAFF: 8 GUARDS, 1 CASHIER, 2 SLIDE OPERATORS CONCESSION OPERATION: Y.ACHINES CONSTRUCTION COST: $600,000.00 ANNUAL OPERATING COST: $61,000.00 ANNUAL REVENUES: ADMISSIONS - $36,000.00 ANNUAL PROFIT /LOSS: LOSS - $25,000.00 RESOLUTION NO. 95 -019 WIIEREAS, the City Council of the City of Paris, slid heretofore, in Resolution No. 88 -046, approve the contribution of $155,000.00 for the improvement of approximately 0.4 mile of 241h Street SJ7. beginning at the 'Texas & Pacific Railroad Right -of -way south to FM 1507, in Paris, Texas; and, WIIERT? EXIMUT C SCIIEDULP OF PAYMENTS Date: December 12, 1994 Agreement No. 9412.12 Customer. No. 96SO00— THIS SCIIEDULE icy iooued purouant to the Equipment Lcaae /Purchaoe Agreement dated a n of Decembor 12, 1994 , (tile "Agreement ") between the partilo to the Agreement to authorize inotallation of the Equipment listed herein. All terms uocd herein have the meaningo ancribed to them in the Agreement. A. Paymento. The paymento required under the Agreement for the Equipment - dooignated on thin Schedule are $ 1,685.29 beginning March 15 , 19 95 , and continuing the 15th day of each month thereafter for the duration of the leaoc term (the "Agreement Payment Period "). The paymento required under this Schedule are made up of the total purchaoe price to the City of Paris, TX of $ 8G,599.25 and deferred int•ereot chargeo to maturity of 14,51p.15 for a total Agreement price of $ 1011117.40 D. Deferred intereot to maturity. Deferred intercot- chargeo to maturity an not forth herein conoiot- of oerviceo and other chargeo, plun interest- at the the annual rate of 6.50 t on the sum of the aforementioned oervice chargeo and other chargeo and the Equipment purchane price. C. Late paymento. There will be a charge of 1.00 1 per month baoed on the amount of any late paymento from the due date thereof until paid. D. Fiocal year. The fiscal year of the underoi.gned Leooee in from October 1 to ss1 ?1 rflL1-a-C 3S� E. Prepayment and purchaoe schedule. The purchaoe price an provided in the Agreement In no followo (to be prorated for dated not npecified). The Purchane Price Amount no Period of End of that- Period in: Original Term: 12/12/94 thru 9/30/95 $77,461.90 Renewal term 1 10/01 /95 thru 9/30/9G 61,1112.60 Renewal term 2 10/01/9G thru 9/30/97 45,115.41 Renewal term J 10/01/97 thru 9/30/90 27,299.09 Renewal term 4 10/01 /90 lhru 9/30/99 0,2.91.23 Renewal term 5 10/01/99 thru 9/30/00 -0- 0 N Page 2 Wiibit D 4 :r There io no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal which, if advernely determined, would adveroely affect the tranoactiono contemplated by the Agreement or the oecurity intereot of the Seller or Ito annigno, ao the cane may be, in the Property. Reopectfully oubmitted, By: APPROVED AS T(�Iroim 'r. I lay(ies, Sty Attorncy L There being no further business, th ATTEST: i . d THOMAS E. HAYNES, ASST. CITY CLERK �I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 9, 1995 The City Council of the City of Paris met in regular session, Thursday, February 9, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris;` Texas. Mayor Don Shelton called the meeting to order with tfie following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the first item on the agenda was receipt of the report from the Planning and Zoning Commission, and the minutes of the Planning and Zoning Commission's meeting held February 6, 1994 was presented, and attached hereto as a part of these minutes as Exhibit A. Mayor Shelton declared the public hearing on the petition of David Thomas for a change in zoning from a Commercial District (C) to a Commercial District (C) and Special Use Permit - Auto Fuel sales (49) on Lots 1, 2, 3, and 4, Block 3, Fairview Addition located on the northeast corner of N. Main Street and Center Street. Mayor Shelton called for proponents to appear, and David Thomas appeared in behalf of his petition. Mr. Thomas said his plan was to construct a convenience store with gasoline sales at this location, and requested the Council's consideration. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilman Fulbright authorizing the preparation of an ordinance to be presented at the next regular council meeting changing the zoning from a Commercial District (C) to a Commercial District (C) and Special Use Permit - Auto Fuel Sales (49) on Lots 1, 2, 3, and 4, Block 3, Fairview Addition. The motion carried 6 ayes, 0 nays. Mayor Shelton declared the public hearing open on the petition of Richard King for a change in zoning from a Single Family District No. 3 (SF -3) to a Single Family District No. 3 (SF -3) and Special Use Permit Mobile Home (39) on Lot 6, City Block 233 being numbered at 1248 N. W. 16th Street. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, and the public hearing was declared closed. City Manager Malone advised the Council that the Planning and Zoning _ Commission held a public hearing, and there was no one present at that time, and they had tabled the petition until the March meeting. 1 '- A motion was made by Councilman Clifford to table this matter. The motion was seconded by Councilman Jenkins, and carried 6 ayes, 0 nays. After discussion, Councilman Clifford amended his motion to continue the public hearing, and to table action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Single Family District No. 3 (SF -3) to a Single Family District No. 3 (SF -3) and Specific Use Permit Mobile Home (39) on Lot 6, City Block 233. The motion was seconded by Councilman Jenkins and carried 6 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the closing of Center Street beginning at the east boundary line of 3rd Street N. E., east to the west boundary line of 6th Street N. E. within the Fairground property. i Mayor Shelton called for proponents to appear, and Jeff Hoeg, 4120 Morningside, appeared stating that he was associated with the Red River Valley Fair Association. Mr. Hoog told the Council that their association has made drastic improvements to the Fairgrounds in the past 15 years with expenditures in excess of $300,000.00, and with increased facilities comes increased usage. Mr. Hoog said they had a large cross section of the community that utilizes their facilities, and at times there is three evens going on at one time at the Fairgrounds with people of all ages, once they are out there, there is a relaxed atmosphere, they are kind of at home, wonder the streets, playing games such things as that. The traffic that is on Center Street at this time is passenger traffic, they go up and turns south or north. Mr. Hoog said they were basically asking the Council to assist them in making the Fairgrounds safer. Mayor Shelton called for opponents to appear, and Opal Dangerfield, 203 Center Street, appeared telling tl►e Council that she had lived at this location for 25 years and there has never been to her knowledge an accident on Center Street. Ms. Dangerfield said the kids who utilized the facility at the Boy's Club, they use this street. Ms. Dangerfield pointed out that Center Street has been closed one time before, and she was not aware that it was being closed, but all of a sudden it was closed. Ms. Dangerfield said there was only eight families living on Center Street from North Main to the corner of 3rd N. E., and if this street is closed, it would mean that they only have one way in and one way out. Ms. Dangerfield said she did not see any reason to close this street, and urged the City Council to consider this matter very carefully. No one else appeared before the Council, and the public hearing was closed. A motion was made by Councilman Clifford, seconded by Councilman Bell to close Center Street from 3rd N. E., east to the west boundary line of 6th Street N. E. The motion failed with 3 ayes, and 3 nays, Councilman Jenkins, Councilman Fulbright, and Mayor Shelton voting nay. After further discussion, Mayor Shelton said he felt that this matter should go before the Traffic Commission for their consideration and recommendation. City Manager Malone called for consideration of and action on approval of the replat of Lots 8 and 9 Oak Creek Phase II. Councilman Clifford requested that he be excused from the council meeting due to conflict of interest, and a motion was made by Councilman Brown, seconded by Councilman Bell to excuse Councilman Clifford. The motion carried 5 ayes, 0 nays, and Councilman Clifford departed the council chambers. A motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the Replat of Lots 8 and 9, Oak Creek Phase II subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lots 11 and 12 Oak Creek Phase IV. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the Replat subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to allow Councilman Clifford to return to the council meeting. The motion carried 5 ayes, 0 nays, and Councilman Clifford entered the r-- council chambers and assumed his seat at the council table. City Manager Malone announced that the next item on the agenda was consideration of and action on approval of the Final Plat of Lot 1 -A, City Block 97. A motion was made by Councilman Bell, seconded by Councilman Clifford for approval of the Final Plat of Lot 1 -A, City Block 97 subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lot 15, City Block 212. City Engineer, Earl Smith, came forward telling the Council that there has been a change made on the lot dimensions, and felt we need to consult with the City Attorney, also the property owner's Attorney is also present if the Council would like to hear from him. Brad Hutchison, 38 First Street N. W., Attorney for Ms. Folmar owner of Lot 15, and he said he was also speaking in behalf of Mr. Fendley who is the owner of the old Lot 15 -A. Mr. Hutchison told the Council that that piece of property is a old homesite on 19th S. W. which has basic dimension of 225 feet east and west and 182 feet north and south. In 1958 the owner of that property built a garage in the back on the southwest corner of the property which is what is proposed to be Lot 15 -A. The parties are seeking to have that replatted as Mr. Fendley runs the garage and Ms. Falmar owns the other property as a homesite. They are asking for a variance of the depth. Mr. Hutchison said they Page 4 City Council Meeting Feb. 9, 1995 have lots that actually complies with the Zoning Ordinance except instead of sitting 60 feet on the street and running back 100 feet, it sits over 100 feet on the street and runs back 60 feet, and if the property was to be require to run back 100 feet it would destroy pending sale that Ms. Folmar has on the homesite. Mr. Hutchison advised that the purchaser, Ms. Folmar and Mr. Fendley were all happy with the lot lines as shown on the replat, there is adequate side yards and off - street parking to comply with the requirements regarding where the garage is located. Mr. Hutchison also told the Council that they had amended the original request which was originally to meet the property as it is presently being used which would have been 55 feet deep and 102 feet wide, and City Attorney Haynes suggested that the Zoning Ordinance required a square footage of 6,000 square feet, so we amended the plat to make it 60 feet deep to meet the square footage requirement. A motion was made by Councilman Clifford to approved the Replat subject to the requirements of the City Engineer, and granting the variance as requested. The motion was seconded:by Councilman Bell, and carried 6 ayes, 0 nays. No referrals were presented to the Council. There being no further business, ATTEST: MATTIE CUNNINGHAM, CIT L RK a t MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 13, 1995 The City Council of the City of Paris met in regular session, February 13, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tem Eric Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Millie Ingram McDonald, Blayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Pro Tem Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be know in order for the information to be made available in compliance with the Open Meeting Law. Mayor Pro Tem Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards and commissions with minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation, and Paris /Lamar County Board of Health with no action being required. Mayor Pro Tem Clifford requested that Agenda Item No. 13, Paris Economic Development.Corporation Annual Report to the City Council, be moved forward. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to bring Agenda Item No. 13 forward. The motion carried 6 ayes, 0 nays. Phillip Cecil, Chairman of the Economic Development Corporation, reported that the Bylaws of the corporation requires that a report be made to the City Council on an annual basis by their activities. Mr. Phillip said to refresh the Council's memory in 1993 the voters of the City of Paris approved an additional 1/2 cent sales tax, and if you will recall one - fourth of one percent of the sales tax went towards reducing the property tax and one - fourth of one percent was for Economic Development purposes to be administered under the Development Corporation Act of 1979, and that is what they operate under. Mr. Cecil said by the time they got their papers in order the remainder of 1993, and they really opened for business in January 1994. Mr. Cecil said that shortly after the corporation was formed, the Chamber of Commerce Chairman retired, and the Chamber of Commerce approached them regarding a joint employee to serve as chairman of the Chamber of Commerce and to also serve the Paris Economic Development Corporation as a professional person, they agreed to do that with the Chamber of Commerce, they hired Gary Vest in that capacity, he is very well known throughout this State in economic circles. Mr. Cecil advised that the Corporation participates in his salary up to $25,000.00 a year, and he dedicates one" -third of his time to the Corporation. The sales tax that comes to the Economic Development Corporation averages $61,000.00 a month. Mr. Cecil said that the other members joined with me in believing that taking care of our local industry is very important to them not only from the standpoint of protecting jobs that we have, but as a source of additional jobs as those industries expand. From this proceeds during 1994 they have funded two projects, one, a sewer line to B & W at a cost $135,640.00, and funding a new street for Campbell Soup referred to as Soup Street at a cost of $178,533.00. Mr. Cecil said the only other project they have currently approved is the construction of a model building which would be an unfinished building which could be finished out to suit and industrial prospect, and they were in the planning stage at this point with no funding at this time. Under personal appearance, Dr. Richard Swint, 2510 Stillhouse Road, came forward stating that he wanted to see if there were any further questions for the Cuoncil as he had proposed several months ago of trading the property that he is leasing adjacent to the old landfill for land that he owns on the north bank of Lake Crook. Dr. Swint said that he has made a great many improvement on the land that he leases from the City, and if you will remember the terms of the lease was he would furnish soil for covering defects in the old landfill. Subsequent to that he proposed a possible trade of this land for additional soil for the land that he has out on the north bank of Lake Crook. The City Attorney and City Engineer has worked out and applied a formula to equate the values of the property, and he wanted to see if there were any questions. Dr. Swint said that if we could complete the transaction, then he would like to make further improvements on the land that he is currently leasing, and would like to be able to plan to do that and carry it out. Dr. Swint said there has been in excess of 1,000 truck loads of soil removed from his property at this time that he thinks is found to be good quality soil for sealing the landfill and permitted growth of vegetation on that area. City Attorney Haynes advised the Council that the agreement that had been reached was that the price that had already been fixed by lease of the soil on Dr. Swint's property was fifty cent per cubic yard, and that same price was carried into the agreement concerning this situation of a trade of land. City Attorney Haynes said they agreed to trade value- for -value however much of the land that we purchased from the Rosson's which is north of our landfill, however much of that is necessary to compensate him for the land that he owns at Lake Crook, and we had that agreement. City Attorney Haynes said after that agreement he proceeded to have each piece of property appraised in order for the City to find the value of each, and we did get the value for each piece of property. City Attorney Haynes said he informed Dr. Swint of the amount of Rosson land that would be coming to him for the Lake Crook land. At that time, it was my understanding that he did not wish to proceed with the agreement. City Attorney Haynes said it was his position as representative of the City Council that to give any more land than justified value- for -value to Dr. Swint for his land would be a giving away of public property without compensation, which he could not recommend to the Council. The agreement that we had on z the day we reached an agreement, Earl Smith was present at the time we reached the. agreement, made notes of the agreement, carried out the agreement by having the appr °` and this is a legal method of doing business and would not vio Oat t e Charter of the City of Paris nor the laws of the State of Texas because we were trading value- for -value which is permitted. City Attorney advised that if Dr. Swint wishes to proceed with this matter under those circumstances, then he would immediately start preparing the legal papers, if he is in agreement, if he is not in agreement, then there are only two thing left to do, and that is to decide that we can not reach an agreement, or we can continue to talk about this matter. Dr. Swint again appeared before the Council stating that the City Attorney made a number of notes, and I had made a proposal that he would trade the land on the bank of Lake Crook and 60,000 cubic yards of soil for the property that the City owns next to the old landfill. Dr. Swint said he did not have the formula to apply to that, and previous to that, he had agreed for the terms of a pond that he planned to excavate for a value of fifty cent per cubic yard for that dirt on another tract of land to be use to cover defects in the old landfill, that was dirt on that piece of property where he would excavate it for strictly for building a pond, and it would be surplus soil. Dr. Swint said that in the event that he did not excavate the soil, he had an agreement to pay the lease on the land at a fixed rate concurrent with common lease of land of equal value today. Dr. Swint informed the Council that if the City Attorney and City Engineer needed to make a formula to apply, that was alright with him, but they did their formula more or less based on values of land that was obtained after that effect, and someone could contest the appraisal values. Dr. Swint said the appraisal values take into consideration on the land that he is leasing several thousand dollars worth of improvement that he has made on that land during the term of the lease, so that probably made the City's appraisal value of that tract of land look greater than it would have looked prior to his leasing it. The other factor is that they used a formula based on land that was going to be waste land for me at that time, or waste soil, and he did not propose that formula, that was a formula that they needed to propose, but the proposal for increasing the value of the soil to be used to cover the landfill is still considerable below soil that would be made available from any other source in general, and to make the formula work the soil would need to be classified at eight -five cents a cubic yard, but on the other hand most of the time people are paid $1.00 a cubic yard for soil at the site of excavation. Dr. Swint said he was way below if they use their formula. Mayor Pro Tem Clifford pointed out that this is a personal appearance and there is no action item on the agenda, and further pointed out to the Council the City Attorney's recommendation in this matter and his opinion on this matter. Mayor Pro Tem Clifford advised Dr. Swint to continue the discussion with City Attorney Haynes, or take such action as he felt necessary, he did not think the Council could take action to change what the City Attorney recommendation is that to comply with 10 your wishes would be trading something other than equal value for equal value, and we can not go against that, and he recommended to continue talking to Mr. Haynes and try to come to an agreement. City Attorney Haynes advised that based on his and the City Engineer's investigation of people that provide soil to use as covering in the . area we need it, that there was no problem with the City getting the fifty cent price per cubic yard with the City excavate and move the soil. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Ordinance No. 95 -006 giving the family sixty days to repair or demolish and remove the structure on Lots 1, and 2, of Block 1, EMP No. 1 Addition, being numbered 838 7th Street N. E. City Manager Malone said this is a request that has been made for extension of time given to repair a house that is able to be repaired, and feels that is is proper to grant the additional time. A motion was made by Councilman Brown, seconded by Councilman Bell authorizing the preparation of an ordinance amending Ordinance No. 95 -006 giving sixty days to repair or demolish and remove the structure on Lots 1, 2, of Block 1, EMP No. 1 Addition. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 95 -010 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) AND SPECIAL USE PERMIT - AUTO FUEL SALES (49) ON LOTS 1, 2, 3, AND 4, BLOCK 3, FAIRVIEW — ADDITION, ON PROPERTY BELONGING TO DAVID THOMAS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1995 was presented. A motion was made by Councilman Brown, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 95 -011 AN ORDINANCE AMENDING ORDINANCE NO. 95 -006, PASSED ON THE 9TH DAY OF JANUARY 1995, PERMITTING TIME FOR REPAIR OF STRUCTURE OTHERWISE DECLARED DILAPIDATED AT 838 7TH STREET N. E., LOTS 1 AND 2, BLOCK 1 EMP NO. 1 ADDITION BELONGING TO RUTH ELLA BROWN, F. T. PRATT, JR., ET AL, PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ' City Manager Malone called for the tabulation of bids for furnishing and delivery of 250 amp wire feed welder for use in the the Fleet Maintenance Division of the P E x,epartment, and the following bids were presented: Grand Oxygen Company, Inc. Crawford Welding Supply $1,356.00 $1,394.40 A motion was made by Councilman Fulbright, seconded by Councilman Brown to award the bid to the low bidder, Grand Oxygen Company, tnc., in the amount of $1,356.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulation of bids for furnishing and delivery of a gasoline powered airless line striper for use in the Traffic Division of the Public Works Department, and the following bids were presented: Texas Paint & Wallpaper $3,993.00 Kelly- Creswell Company, Inc. $4,382.00 Sherwin Williams $4,878.00 A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to award the bid to the low bidder, Texas Paint & Wallpaper, in the amount of $3,993.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulation of bids for furnishing and delivery of MSA Protective Breathing Apparatus for the Fire Department, and the following bids were presented: Riggs 1st Line Equipment Casco Industries, Inc. $28,950.00 $30,375.00 A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to award the bid to Riggs lst Line Equipment in the amount of $28,950.00. The motion carried 6 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was furnishing and delivery of one Dual Control Head UHF Microcomputer Controlled Synthesized Transceiver for the E M. S. Department, and advised that only one bid had been received that being from Airwaves Communications in the amount of $2,488.00. City Manager Malone further advised that it was the recommendation of the Fire Chief, Steve Burgin, to award the bid to Airwaves Communications which meets all specification and is within budget. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright to award the bid to Airwaves Communications in the amount of $2,488.00 for one Dual Control Heal UHF Microcomputer Controlled Synthesized Transceiver. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of uniforms for the Police Department, and the following bids were presented: Martin Uniforms $80.50 21 -60 days Delivery R & R Uniforms $90.50 30 days Delivery Tyler Uniforms $90.58 None Listed Tuxall Uniforms $91.45 45 days A motion was made by Councilman Bell to award the bid to Martin Uniforms in the amount of $80.50 with 21 -60 day delivery. The motion was seconded by Councilman Jenkins, and carried 6 ayes, 0 nays. Resolution No. 95 -020, amending Resolution No. 95 -004 authorizing the execution of a lease purchase agreement for furnishing and delivery of one (1) new 1995 current model regenerative air vacuum sweeper for use in the Sanitation Division of Public Works Department, was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 6 ayes, 0 nays. 12 RESOLUTION NO. 95_020 WIII:REAS, the City Council of the City of Paris did heretofore on the 9th day of January, 1995, pass Resolution No. 95 -004, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BI; IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, �- that Resolution No. 95 -004, be, and the same is hereby amended to read as follows: "WHEREAS, the City Council of the City of Paris, did at its special meeting on September 19, 1994, in Ordinance No. 94 -042, authorize the purchase of a 1995 Street Sweeper for use in the Sanitation Department, and thereafter did advertise for bids for furnishing said Street Sweeper, which bids for such were received until 3:00 P.M., Tuesday, October 25, 1994; and, WHEREAS, the best bid for such purchase was made by INDUSTRIAL DISPOSAL SUPPLY, Post Office Box 860707, Plano, Texas 75086, and it was awarded the bid for such equipment on November 14, 1994; and, WHEREAS, the Lease /Purchase Agreement with TYMCO EQUIPMENT LEASING COMPANY for the purchase of one 1995 TYMCO Model 600 Regenerative Air Street Sweeper is attached hereto as Exhibit A, and such Agreement should be approved; NOW, TIIE REFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Lease /Purchase Agreement upon the terms and conditions shown in Exhibit A attached hereto, with TYMCO EQUIPMENT LEASING COMPANY, financing the purchase of a 1995 TYMCO Model 600 Regenerative Air Street Sweeper." PASSED AND ADOPTED this lath day of February, 1995. Eric S. Clifford, Mayor Pro Tem ATTEST: Maltie Cunningham, City CI k APPROVED S TO FORM: T. K. aynes, City Attorney �ssce's P.O. 111209 Agreement No. 991212 I, Dealer No. 590000 LrASii /PURCIIA. ^,Ii AGIjIirMrN'1 TYMCO EQUIPMENT LEASING COMPANY TAX- EXEMPT FINANCE DIVISION LI,SSOR ,ESSEE TYMCO, Inc. City of Paris. 225 E. Indurtria l Blvd- 135 1st Street S.E. P. O. nox 23GO Paris, TX 75961 14aco, TX 76703 -2360 903- 705 -7511 017 -799 -5546 DESCRIPTION OF EQUIPMENT ------------------------------ --------------- UNIT AMOUNT ! QUANTITY (TYPE, 140DEL AND SERIAL NUMBER) UNIT PRICE l TY14CO Model 600 REGENERATIVE AIR STREET SWEEPER Sweeper Serial NO. Truck Serial No. Finance Amount TYPE -OF- ENTITY ,(COUNTY, CITY, SCIIOOL DISTRICT, ETC.) : City 06,599.25 ------------------ -------- MONTIII.Y IIENi'AT, RENTAL � FULL RENT PAYABLE PAYMENT AMOUNT PAYMENT SCHEDULE LEASE TERM ---------- ---------------------- --------------------- ADVANCE PAYMENTS REMAINING PYMTS. XX ADVANCE RENTAL NUMBER 1 NUMBER 60 FIONTII.5 ARREARS PAYMENT RENTAL TAX $ .00 605.29 59 @$1 , G05. 29 ca. XX MONTIILY 101.(;1 , AFTER QUARTERLY TOTAL COMMENCEMENT SEMI - ANNUALLY PAX1II7'N'i' DATE ANNUALLY ----------------------------- --------------- ----------------------------- - - -- - EQUIPMENT LEASE/ PURCIIASI., AGREEMENT of the mutual covenanto hcreinafter contained, the partien agree that "), In conoideration leaoe from the Lcoaor the Property described above (the Equipment the Leaoee ohall oet fort], herein. The agreement io made upon oubject to the terms and conditlono following termo and conditiono: 1. RENTAL. Le000r and Lcosee underatand and intend that the obligation of Lennce to Pay be rent hereunder ohall conotitutc a current expense of Leance and ohall not in any way or , conotrued to be a debt of Leooce in contravention of any applicable conotitutional indebtedneoa by Leooce, otatutory limitationa or requirements concerning the creation of EXHIBIT A ,I Page 2 nor ohall anything contained herein conutitutc a pledge of the general tax revenuco, fundo or monies of Lenoec. Lcooce oliall pay rent exclusively from legally available funds, in the amount-o not forth both above and on the rent due dates Oct for.Lh In the ..�. Schedule of 1'IymenLs (Exhibit C) attichecf to tile Certificate of Acceptance (Exhibit D), executed by Lessee, by mailing the naMC to J.e� :oor IL the acldrenu nliecifiecf in .Section 14(I). For pur.ponco of malting computations wider applicable rcgulationo and ruling() under f.edcral• income Lax law, and is Oct forth In the Schedule of Payment•n, a portion of each rent- payment in paid an, and reprc►�ento payment of, inte►:cot, and the Wilt of each rent payment in paid an, and reprencnto payment of, principal. Each year's rental payment is for L•11e conoi.deration actually fur.n.irhed that year and each rental payment In. oupported by the use of the equipment in each year. The obligation of Leonee to make payment of rent, and to perform Ind observe the agreemenLo contained in the Agreement, shall be aboolute and unconditional in all evr_nts, excr_pt• an expressly provided herein. NoLwithstlnding any.disputc between Lcouer_, i,essor, and any other person, Leasce nhall i make all rent payments when clue and -uhall not withhold any rent payments pending final , resolution of such dispute, nor uhall Lcnncc aroert any right of setoff or counterclaim against its obligation to make such paymentr, required under thin Agreement-, LCnece'n obligation to ply rent shall not be abated through accident- or unforeseen cireumatanceu. 2. LEASE TERM. (a) commencement of I.carc Term. 'Tile leave terms rhall commence on the , date on which the Equipment in accepted by I•cruec '111 indicated on Lila Certificate of �• Acceptance (tile Commencement Date), and chill terminate on the last business day of ee'o then current fiscal budget period (such period being hereinafter referred to as Leon the "Original Term "): provided, however, that thin Agreement shall be effective from and after the date of execution hereof. (b) Renewal of Lease Term. Upon expiration of the Original Term, thin Lease _ shall automatically renew on a year -to -year basis for the number of budget periods necessary to comprise the Full Lease 'Term a0 set forth in Exhibit C attached hereto and made a• part hereof, unless Lessee gives written notice to Lessor not lens than 60 days prior to the end of the then current term purnuant• to cubpart (e) of this neet-ion or Section 10, as the case may be. Each renewal period is ilereinaft-er referred to an a "Renewal Term ", and all Renewal 'Terms, together witil the original Term, 011,111 comprise the "Full Leaoc Term ". The terms applicable to any Renewal Term shall be the came an the_ terms applicable to the Original Term, except that the rent- chall be an provided in the Schedule of Payments in Exhibit C. (c) Termination of Leasc Term. Tile Lcane Term will terminate upon tl►e earliest to occur of any of t-ile following eventr.: (1) the expiration or the original Term or any Renewal Term and the nonrenewal thereof in accordance with the termu Hereof; (2) purchano of tile Equipment by Lcooce purounnL• to Section 0 or 10; (J) a default by Lesoce or Leosor'o election to terminate this Agreement under Section 12; or (4) Lila payment by Lessee of all rent-alc authorized or required to be paid by Lessee hereunder. , (d) Continuation of Leaoc Term by Lcnnr_c. Lennee intendo, subject to the provioionn of subpart (e) of thin section, to conL•i.nuc the Lease 'Term through Lila Original Term and all Renewal 'Terms for file Full Lance Term and to pay the rent hereunder. Lessee reasonably bclicvc0 that legally available funds in an amount sufficient to pay all rent for the Full i.cane 'Term can ))c obtained. Leunce further intends and covenanto to do all things lawfully within its power to obtain and maintain fundu from which the rent may be paid, including making provinion for such rent to the extent necessary in each budget submitted and adopted in accordance with law, to use its bona fide best cffort•o to have ouch portion of the budget approved, and to exhaust all available revicwo and appcalo in Life event such portion of t11e budget is not approved. a.,. _ . i- rage 3 (e) Nonappropriation. In the event ouCfi.cient funds are not appropriated for the payment of the rent required to be paid in the next succeeding Renewal Term, and Lessee has no funds legally available for rent from other aourcen, then Leonee may terminate this Agreement at the end'of the ori.gi.nal Term or the then current Renewal Term, as the cane may be, and Lcoocc shall not he obli•gat-cd to make payment of the rent 1,��yond the then current term. Lesnec "green to deliver notice to i.cusor o(: ouch Irmination at least GO dayn prior to the end of the then current term. If Land reement in terminated under thin nub - pert, r.ennec agr.een, at Lconee'n coot- and expense, r�nceably to delivery the Equipment to Lennor. In addition, Leonee agrees, at Lenoee'a coot and expenne, to incur the necconary coot" and expenoeo to bring the returned sweeper and truck chasni.o up Lo factory remarketing nt -Andar.dn. To the extent lawful, Leonee covenants that it will not, until the dntr_ on wtli.ch the next uucceecli.ng Ilr_newal Term would have ended, expend or convnit any funds foe tile purchase or use of equipment to be used for the name purpose as, or a purpose functionally equivalent to, the Equipment. Notwithstanding anything in this Agreement to the .contrary, the provisions of this nub -part shall survive termination of this Agreement. J. REPRESENTATIONS AND COVENANTS OF L1:SSL:I:. I,e:: ^.cc r.cprcocnta, covenants and warrants to Lessor an follows: (a) Lcasee is an entity described in Section 103(x) of the Internal Revenue Code of 190G, an amended; and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence an such an entity. (b) 0ased upon the representations, covenants and warranties of Lessor., the execution and delivery of thin Agreement- by Leonee and performance of this obligations hereunder in not prohibited by the Constitution and lawn of the r,tlrtc apecifi_cd on tile Certificate of Acceptance (the "State"), and has been duly authorized by resolution of the governing body of Lessee (a certified copy of which of ►all be attached to the opinion of Lessee's counsel); and Leonee has obtained such other approval❑ as are necessary to consummate this Agreement. All requirements have been met, and procedure!, have occurred, necconary to ensure the enforceability of this Agreement against Lessee, and Lessee has complied !—Ith such public bidding requirements an may be applicable to this Agreement and the �qulsition by Lessee of the Equipment hereunder.. (c) Lessee has determined that a resent need exists for the Equipment which need is not temporary or expected to diminish In the foroaeeable future. The Equipment i,r, crsent-ial to and will be used by Lessce only for the purpose of performing one or more governmental functions of Lenoee consistent with the permissible scope of Lessee ide 's authority and will not Uc used in a L•rovrLessor business of any person or entity. (d) Lcooce will annually, upon request, p with a letter from the City's accountant- otat-ing that funds have been appropriated in the City's annual budget to continue thin lease for the next renewal term. (e) The Equipment Is, and shall remain, personal property and when oubject to use by' Lessee under this Agreement will not be or become fixtures. The Lessee further warrants that thi_c lease will not constitute a "private activity bond" within the meaning of Section 141 of the internal Revenue Code in that Leonee will not sublease the Equipment, nor will Lcooce enter any management-, output, or similar types of contracts where more than 10 percent of the proceeds of the lease purchase agreement will be uoed for one or more private business uses or where the payment of the principal of, or interent on, more than 10 percent- of the proceeds of thin ' Lease will be made, either directly or indirectly by payments, property, or monies borrowed by private business users. (The term "private business use" means any direct or indirect use in a trade or business carried on by an individual or entity other than a state or local governmental unit, including use by the Federal Government or any agency thereof. A special exemption in provided for "exempt- facility bonds" and Sol(c) (3) "tax � }' exempt organization bonds ". Page 4 4. TITLE TO EQUIPMENT; SECURITY INTEREST. During 1-he Full Lease Term, title to the Equipment shall remain vented in the Le000r. Upon exercise by Lessee of the purchase option granted in Section 10 of thin Lease, Le000r ohall deliver to Leonee by appropriatel- documento title to the Equipment-, free and clear of all liens and encumbrance". In the event of a default no net forth in SecL-ion 12 or nonappropriation ao net forth in Section 2(e), Leooee will nurrender ponnenoion of the Egttipment to Le000r an required by Section 2(e) and release all claim or right to said E(puipment accordingly. To secure the prompt payment and Performance an and when due of all of Leosee'o obligationo hereunder, and all other- obligationo of Leonee to Lessor, both now in exiotence and hereafter created, Leonee hereby grants to Lencor a first necur.ity interest In the Equipment, and all replacementr.i, wo).)ut'i-tuti.ons and all:ernatives therefor and thereof and'accenuione thereto and all proceedo (cash and non- cash), including the proceedo of all insurance policico, thereof. Leonee agreen that with reopecL- to the Equipment Le000r shall have all of the righLo and remedies of a secured party under the Uniform Commercial Code as in effect in the "tale. Lessee may not dispose of any of the Equipment without- the prior written conoent of Lenoor, notwithstanding the fact that proceeds constitute part of the Equipment. 5. USE AND MAINTENANCE. Leorce "hall use the Equipment: in a manner connintent with the requiremento of all applicable insurance policies,, and will not change the location of any Equipment no specified in the Acceptance_ Certificate without the prior written consent of Lessor, which convent shall not be unrearonably withheld. Leuoec shall not attach the Equipment- to any other item of equipment in such a manner that the Equipment may be deemed to have become an acceooion to or a part of ouch other item of Equipment. Leonee, at-its own expense, will maintain the Equipment in an good operating condition when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof alone excepted, and will make all repairs reasonable neceonary for ouch purpooe. In addition, if any component of the equipment- shall become damaged beyond repair, Lessee at its own expense, will within a reasonable time replace ouch component-, with replacement components which are free and clear of all liens or right of other and have a value and utility at lease equal to the components replaced. All componentn which arc. attached to the Equipment which are eocenLial to the operation of the Equipment or w113 cannot be detached from the Equipment without materially interfering with the operati.) of the Equipment or adversely affecting the value and utility which the Equipment would have had without- the addition thereof,'uhall immediately be deemed incorporated in the Equipment and subject- to the terms hereof as if originally leaned hereunder, and subject to the security interest of Lessor in the Equipment. Lessee ohall not make any material alterations to the 1quipment without- the prior written consent of Le000r, which consent ohall not be unreasonably withheld. Upon reauonable advance notice, Le000r shall have the right to inspect the Equipment and all maintenance records with respect- thereto, if any, at any reauonable time during normal bunineou hours. G. FEES; TAXES; OT11ER GOVERNMENTAL AND UTILITY CIIARGE S. Lessee ngreco to indemnify Le000r against all titling, recordation, documentary stamp and other fees, arising at any time prior to or during L•he Lease Term, upon or relaL-ing to the Equipment- or this Agreement. The parties contemplate that the Equipment will be used for a governmental purpone of Lessee and that the EquipmenL will be exempt from all taxes prc"ently aooenoed and levied with reopect to personal property. In the event- that the use, ponoeosion or ncquioition of the Equipment is found to be subject to taxation in any form (except fc net income taxes of Lessor), Leonee will pay an they come clue all taxen and government charges of any kind that may be aoocooed or levied against the Equipment, an well as a,.,. utility and other charged incurred in the operation, maintenance and use of the Equipmen' 17 Page 5 Lessee (111-111 keep the Equipment covered against loo° INSURANCE- At its own expense, maliciouo mischief and due to fire and o�elc�oklohanrtho1ru11cInsurableevalueeo [ctherlqur.pmcnt; and Lessee shall vandalism, for n or ouch greater y damage e"s than ;1,000,000 Per occurrence, also carry automobile insurance, including b °cl� -lY injury liability 1nc1 property also car critli a mingle limit of not uirc on notice to Leonec. As used ui ment or the C lender amount as Lessor may from time to txn1O req whichever 1 ein, "full Insurable Value" mcann the full. rcPl.acemcnt value of the.Eq P tn� n applicable Purchase [,rice designs.n tformrt andcemountltandclwithlcoopanion reasonably in greater. All insurance shall b provide that 1OSSeo shall satisfactory >>car, and Lessee nhall ut-r.li.ze to Lcnsor. All inourancc for 101.(1 or damage I p be payable to Lessor and Leosce, a0 their i.ntcr.e0.3 may er O,ouch liability inourancc. Lessee shall its best efforts to have all chec)cs to nuc� �o_tneu delivered to Lessor. Lessor shall e to Le000r. of ouch insurance named an an additional immured with >.evi. that (a) it will pay the premium" and deliver to I,enno,j een oirnem t furniuhed to Lessor, coverage. Each insurer shall agree, y �0 days prior written notice of tile material give Lessor Y and (b) insurance as or cancellation of such policY7 once of Lessee with respect payee other than Lcn"ee shall not be invalidated y any additional insured or loss I Y actions, inactions, breach of warranty or cO o��r.tico against gcasualty loos by to ouch policy. if Leooee insures oiroi.lar l P' self-insurance, Leooee may satisfy its obli.gco -ono i t- hcel'u1ltInourablelValuesOf1tile hereunder by providing self- insurance tri.th r I workmen's Equipment by mcann of an adequate insurance fund. I,g on, in, .111 arror about the g employee(; working on, sate self- insurance is compensation insurance cover in all emP y or near or about Equipment, or demonstrate Lo the oatxofcrnonnoogentityrwolrkingd On, in, provided, and shall require any other p and will furnish to such coverage, Lessor certificates evidencing the Equipment to carry The Net Proceeds of the insurance required such coverage throughout the Lease Term. b shall be applied an provided in Section o1n Ain°uranlcerclaimN or condemnation award hereby toss procecdo of Y �,he amount remaining from the g titer deduction of all expenses (including attorney's fees) incurred in tlte. collect on o such claim or award. an overnmental entity and does not maintain liability rance,neither If Lessee in a g of self insurance, that provides coverage to described above, Lessee agrees that iL• will maintain a Program not• loos than the maximum alone, or in cooperation with other governmc',U�lrnn?n�ievent' statute Lessee in the form and amount pplicableogovernmental immunity rule,.ror of sue exposure to Lessee under any applicable 1 deliver to Lessor evidence satisfactory to Le000r of such or law. Lessee ohal self - insurance coverage• Prior to the If p: p, DAMAGE, DESTIIUCTXON AND CONDI•.MNATION OisNtllim`rgcd['in'whole or in part by Equipment termination of the Lease Term the temporary titre of, tale Rgw.hment or the estate of Lessee casualty; or (b) title to, ewer of eminent Equipment 011-111 be taken under the excrtinde of authority; or Lessor in the Equip person acting under g domain by any governmental body or by any person the Equipment i's not L000ec and Lesnor will cause the Hot Pr000jcl', °Lh sYsection. claims or condemnor the Net award to be applied to LecsLenoeebshall, at Its expenne (after the application of doomed to be a total loon, cause the repair or replacement Proceeds of any inourancc claims f condemnation award) Lessee shall pay of the Equipment. in the event of total destruction ti the Equipment, ) I' or on the next rent due date (an oeL• forth on the Schedule of Payments which to Less sal to the purchase Price of the equipment r succeeds the date of such loos, an amount eq l� Page G lean the total amount of all rento which repreoented equity in the equipment pr_eviouoly paid under thin Agreement, pluu rent duc on nuch date, pluo any other amounto then payable by Leooee hereunder. Upon ouch payment, the Leaoe Term ohall terminate, any occurity intercot• of Leonor in the Equipment ohall terminate, and Lconce will acquire unencumbered title to the Equipment an provided in Section 10. If.Leooee in not then in default hereunder, any portion of the Net Proccedo in exceoo of the amount required to pay in full Leooeo'a obligationo an net forth in thin Section chill be for the account of the Leooee. Leanee agreed that if the Net Proceeds are inoufficient- to pay in full Leodee'n obligationo an set forth in thin Section, Leooee ohall make ouch paymento to the extent of any deficiency. 9. WARRANTY. Producto and parts manufactured by TYMCO, INC., and all uerviceo performed by TYMCO, INC., are oubject to the applicable Warranty currently publiohed by TYMCO, INC., which warranty in, by Chia reference, incorporated herein. Copico of oaid Warranty may be obtained from any office of TYMCO, INC., or from any authorized TYMCO dealer. LESSOR MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED REGARDING THE CAPACITY OF THE REQUIREMENT OR T11AT THE EQUIPMENT WILL SATISFY T11E REQUIREME=NTS Or ANY LAVI, REGULATION OR SPECIFICATION OR TIIAT THE EQUIPMENT WILL III, FIT FOR ANY PARTICULAR PURPOSE. 10. PURCHASE OF EQUIPMENT BY LESSEE. The Levor_e will have an option to purchaoe and can exercloe that option to acquire title free and clear of all lieno, and thin Agreement will terminate provided Leocee in not then in default upon the occurrence of either of the following evento: (a) the end of the Full Leaoe Term, upon payment in full of all rent and other amount-o payable by Lccnce hereunder for the Full Leaoe Term; or (b) at the and of the Original Term or any Renewal Tei:m, or any month within ouch Original Term or any Renewal Term, ao net• forth in tine column entitled "Principal Balance" within Exhibit C incorporated herein by thin reference, upon payment- by Leooee of the then applicable Purchaoe Price plus all other oumo then due by Lenoce hereunder. 11. ASSIGNMENT: INDEMNIFICATION. (a) Aonignment. Thic Agreement and the int-ereot of Leooee in the Equipment may not be cold, aooigned, oublet- or encumbered by Leooee without prior written connent of Lensor. Thin Agreement-, and the obligations of Leooee to pay rent hereunder., may be annigned and reaonigned in whole or in part to one or more' anoigneea by Le000r subject to their terms of thin Leaoe /Purchaoe Agreement at any time without the neceoeity of obtaining the content of Lessee. Lessor agreeo to give notice— of aooignment to Leooee and upon receipt of ouch notice, Leo -3ee agreeo to make all paymento to the aoaignee deoignated in the aooignment•, notwithstanding any claim, defence or aetoff (whether arloing from a breach of the Agreement- or otherwise) that Lcooee may have againot Lenoor'o aonigneeo. Leouee agreeo to execute all document•n, including noticed of aooignment• and chattel mortgages or financing olaternent•u which may reasonably be requeated by Le000r or !to aooigneeo to protect their intercoto In the Equipment and In thin Agreement. (b) Lcooee agreeo to indemnify and hold harmlean Le000r for any damage or injury of any kind, arising out of the negligence or actionable conduct of Leooee, Ito employees, agento, repreoent•ativen or conL-ractoru, or any peroon or entity alleged to be an employee, agent, repreoentat•ive or contractor of Lenoce. 12. EVENTS OF DEFAULT AND REt•EDIES. (a) Evcnto of Default. The following ohall be "evcntn of default-" under thin agreement and the term "default" nhall mean any one or more of the following evento: (1) failure by Lcooce to pay any rent or other payment -- required to be paid hereunder at the time opecified herein; or (2) failure by Leanee to oboerve and perform any other agreement on i_t-o part to be observed in ouch time prior to ito expiration; (3) any otatement contained herein or furninhed with reopect hereto by or on behalf of Lenoce proving to have been faloc in any material reopect at the time that it wan made; or (4) the filing by Lessee of any petition or anower necking reorganization, arrangement compooi_L•ion, readjuutment, liquidation, relief under any exioting or future bankruptcy, inoolvency, or other or other oimilar lawa uhall be filed and not withdrawn or diomiused thereafter. Page 7 moratorium or oimilar oimilar insolvency within 60 days (b) Itemedie[s on Default. Whenever any event of default uhall have occurred and continuing, Lessor shall have the right, at its oole option without any further demand notice, to exercise any one or more of the following remedies: (1) with or without terminating Lhin Agreement, retake poosesoi.on of the Equipment and dinposc of the Equipment for Lila account of Lessee, with Lila net amounL of all proceeds received by Le000r to be applied to Lcocce'u obligaLi.ono hercnndr_r, holding Lconec liable for the exceoo (if any) of (1) the rent payable to Lessee hereunder to L•hc end of the original Term or then current Renewal Perm, whichever is applicable, and any other amounto then payable by Lesoee hereunder, including but not limited to attorney's fees, expenses and coot's of repouoeooion, over (i.i.) the net proceedc received in connection with the diapooit•ion of the Equipment; provided that the excess of the amounto referred to in clause (11) over the then applicable Purchase Price and amounto referred to in clause (1) ohall be paid to Lessee; (2) require Lcuoue at Lesnee's risk and expense promptly to return the Equipment in the manner and in the condition Get forth in SecL-ionn 2(c) and 5; (3) if Lector io unable to repoeoeoo the Equipment for any reason, the Equipment- shall be deemed a total loss and Leooee ohall pay to Leouor the amount due purouant to Section 0; and (4) exercioc any other right or remedy which may be available to it under applicable law or proceed by appropriate court action to enforce the term[) of thi[) Agreement or to recover damages for the breach of thin Agreement ao to any or all of L•he Equipment. `L...Nothing contained herein chall be construed to provide any remedy of acceleration of the rental paymento. In addition, Leooce will remain liable for all legal fees and other cooto and expenoes, including court cooto, incurred by Lenoor with respect to the enforcement of any of the remedies'licted above or any other remedy' available to Le000r. (c) No Remedy Exclusive. No remedy available to Lc000r io intended to be :luaive and every ouch remedy shall be cumulative and ohall be in addition to every 1 ier remedy given under thin Agreement or now or hereafter exioting at law or in equity. No delay or omiocion to exercise any right accruing upon any default ohall impair any ouch right or chall be conotructed to be a waiver thereof, but any ouch right might be exercloed from time to time and ac often as may be deemed expedient. 13. TAX ASSUMPTION; COVENANTS. The parties asuume that Lessor can exclude from Federal groon income the intereat portion of each Leaoe Payment net forth in Lila amortization schedule under the column captioned "Inteveut Paid ". Lessee covenanto that it will (i.) register thin Leaoe and tranufero L•het:eof in accordance with Section 149 (a) of the Code and Lila regulationn thereunder, (ii) timely file a statement with respect to this Leaoe in the required form in accordance with Section 149(e) of the Code, (iii) not permit Lhe property financed by this Lease to be directly or indirectly uocd for a private buuineno use within Lhe ["caning of Section 141 of the code, (iv) not take any action which renultn, directly or indirectly, in Lila intereat portion of any Leace Payment not being excludable from Federal grono income purouant to Section 103 of the Code and will Lake any reanonable action necessary to prevent ouch reoult, and (v) not Lake any action which reaulto in thin Leace becoming, —and w,111 Lake any reauonable action to prevent Chia Leace from becoming (a) an arbitrage obligation within the meaning of Section 140 of the Code or (b) federally guaranteed within the meaning of Section 149 of the Code. Page n it will report Leoeee repreoent-o that-. in accordance with the above, app Leaoe to the Internal revenue Service by filing form OoJO -G or 0030 -GC, whichever in appropriate. Leonee underotando that failurecoothatoitwiflfciailoctoi' file tilCt appropriate tax form',ct'h e otatuo. Tlicrefore, Lesscc ag> re co rate net forth in the payment ocheduermination OrJexpirationnofg thin lLeane ,x the e interest rate. Notwithotanding the carper termination obligationo provided for in thin Section 13 011,111 ourvive ouch earlier termination or _ expiration. 14. MISCELLANEOUS. (a) Notices. All rinOtICCallcbclinlwritinglnoentnbyccQ tif•iedlmail,n the ordinary couroe of buoineoo) hercu return receipto requested, addementdoroat tile ouchi�othter1addreootanL ouch cParty ao hallofromte on the firot Page of thin writ Lime L•o time designate in writing to the other party; 011,111 be effective from the date of mailing. U binding >;ffect•. Thin Agreement ,111,111 inure benefit of 011,111 be to binding upon Leonor and Leoocc and their reopect•ive euccc (c) Applicable Law. Thin Agreement Gliall be governed by and conoLrued in accordance with the lawn of the County of McLennan, Stale of Texan. (d) Entire Agreement Severabili.ty. Thi.o Agreement conntituten the entire Agreement between Leceor and LiLticr• arty`JUn).cuo Ill writing Gi.gnedtbyn both cpartien, and mo of thin Agreement shall bind e P then ouch waiver, conoent, modification or change olhall be effective only in the cifie•ic inotance and for the opecific purpooe given. There are no underotandin9orovioioncofithin herein regarding Chic Agreement or the Equipment leaned hereunder. Any P an n ouch Agreement which in prohibited or unenforceable in any juriodiction 011,111, juriodiction, be ineffective to the extent of ouch prohibition uuchuprol ibiLilonlory withqut invalidating the remaining provioiono hereof, Y unenforceability in any juriodiction 011,111 not invalidate unenforceable e tedbpplicablelaw, Lecoc provioion in any other juriodiction. To tile 'extent P n _ oviuion hereof prohibited or hereby waiveu any provicion of law which rendero any p' r. unenforceable in any reopect. to (e) Les norro night to Perform for Lcooce. If LQO; 11VC ftlreoriglitcrbutmnhall °notx with any of its agreemento contained herein, Leunor 011,111 be obligated, to effect- Guth performance or compliance, and the amount of any out of Pocket expenoeo and other ceawith ouch Lc000r in with tile the performance of or compliance with nu Agreement, an may be permitted by rate of twelve percent (12%) per annum (or ouch leuuer am law), ohall be payable by Leoocc upon demand. MANN Page 9 IN WITNESS WHEREOF, Leaace hao cauacd Chia Leace to be duly executed under coal. Ci Ly of Paris By: (SEAL) ---- - - - - -- Complete all blank linen to Chia point before oubmitting to Leaner--------- - Accepted Chia' day of , 19 TYMCO,.Inc. d /b /a TYMCO EQUIPMENT LEASING COMPANY Leccor By: (SEAL) 225 E. Induatrial Blvd. Waco, Texan 76705 EXIIIBIT B LECAL COUNSEL OPINION 'YMCO, Inc. .0. Box 2360 'aco, TX 76703 LE: City of Paris , _ ►greement dated an of Dccembcr 12 TYMCO Inc. ;entlemon: Texas' Date: December 12, 1999 , Leaoe /Purchaoe , 19 99 , with ►o legal counoel to City Of Paris , (the "Buyer "), I lave examined (1) an executed counterpart of a certain Equipment- Leaoe /purchaoe lgreement (t-he "Agreement- ") dated Deconlyer 12 , 19 94 , by and )etween 1'YMC0, Inc. , ao Seller, and the Buyer, ihich, inter alia, provideo for the oale to and purchaoe by the Buyer of cartsin ?roperty (the "Property "), (2) an executed counterpart of Reoolution No. of the Buyer which, inter alia, ated Quthorizeo the Buyer to execute the Agreement and (3) ouch other opiniono, documenLn, and mattero of law an I have deemed neceooary in connection with the following opiniono. Baoed upon the foregoing, it in my opinion that: (1) The Buyer in a municipal corporation, duly organized and exioting under the lawn of the State of Texas , with the requioit-e power and authority to incur obligationo the int•ereut on which are exempt- from taxation by virtue of Section 103 of the Internal Revenue Code of 1954, ao amended, to purchaoe the Property and to execute, deliver and perform ito obligat•iono under the Agreement; (2) The Agreement and the other document-o either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of the Buyer and the Agreement in a valid and binding obligation of the-Buyer enforceable in accordance with !to termo; (3) The authorization, approval and execution of the Agreement- and all other proceedingo of the Buyer relating to the t•rannactiono contemplated thereby'have , been performed in accordance with all open meeting lawn, public bidding lawn and all other applicable otate or federal lawn; 4 Inourance. The Leooee hereby confirms t-h, tained the insurance coverage required by Section 7 of the Agreement and it covenanto and agrees that ouch coverage shall be maintained in accordance with the terms and conditions of the Agreement. Equipment description. The Equipment oubjecl to the Agreement io au follows: Deocriptlon /Ser.i.al No. Purchase Price 0 (1) TYMCO Model 600.• REGENERATIVE AIR STREET SWEEPER $86,599.25 Sweeper Serial 0 Truck Serial # 'TIIE TERMS GOVERNING THIS SCIIEDULE ARE CONTAINED IN THE AGREEMENT REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET FORTH FULL HEREIN. The Agreement ohall not be effective unleoo thin Schedule io signed by Leooee and received by TYMCO, Inc. within thirty (30) days of the dale firot above otated. Intaddition, TYMCO, Inc. ohall not be bound by the Agreement until thin Schedule io executed by an authorized officer of TYMCO, Inc. Leooee: City of Paris By: _ Name: title: 'Date: Le000r: TYMCO, Inc. Ily: Name: Kenneth J. Young Title: Preoident- Date: Resolution No. 95 -021, resolving that the bid of Griffith's Quick & E -Z Lube, for furnishing labor and materials and performing all work required for servicing City of Paris vehicles ins hereby accepted and let, and authorizing Mayor Pro Tem, Eric S. Clifford to execute on behalf of the City of Paris the contract for furnishing of labor and materials and performing all work required for servicing City of Pal-is vehicles, was presented. A (notion was made by Councilman Fulbright for approval of the resolution. The motion was seconded by Councilman Bell, and carried 6 ayes, 0 nays. {m i I 24 RESOLUTION NO. 95 -021 WHEREAS, the City Council of the City of Paris, did heretofore in Ordinance No. 94 -042, at a special meeting on September 19, 1994, approve the purchase of labor and materials for servicing City of Paris vehicles. Bids were received until 3:00 o'clock P.M., January 24, 1995; and, WIIEREAS, the best bid for such service was made by GRIFFITH'S QUICK & E -Z LURE, 300 Pine Bluff, Paris, Texas, and it should be awarded the bid for providing such service; and, WIIEREAS, the form of contract for providing such service is attached hereto as Exhibit A, and such form should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE' CITY OF PARIS, that the bid of GRIFFITH'S QUICK & E-Z LURE, for furnishing of labor and materials and performing all work required for servicing City of Paris vehicles is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTIIER RESOLVED, that the Mayor Pro Tern, Gric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for furnishing of labor and materials and performing all work required for servicing City of Paris vehicles, upon the terms and conditions and in the form shown in Exhibit A attached hereto with GRIFFITH'S QUICK & GZ LURE. PASSED AND ADOPTED this 13th day of February, 1995. ATTEST: Mattie Cunningham, City Jerk APPROVED AS W FORM: . K. Haynes, Ci Attorney VEIIICLE MAINTENANCE AGREEMENT STATE OF TEXAS } } KNOW ALL MEN I3Y THESE PRESENTS: COUNTY OF LAMAR } THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor Pro Tem, Eric S. Clifford, duly authorized, hereinafter called CITY and GRIFFITH'S QUICK & E -Z LUBIs, by and through its owner, John David Griffith, hereinafter called GRIFFITH, do hereby contract and agree as follows: 1. To service CITY vehicles in accordance with the specifications on Exhibit A attached hereto and made a part hereof. 2. The term of this contract shall be for a period of twelve (12) months beginning February 14, 1995, and ending on February 13, 1995. 3. CITY has the right to unilaterally terminate this agreement at any time for failure to perform the required services as outlined in Exhibit A attached hereto. EXECUTED this l3th day of February, 1995. Eric S. Clifford, Mayor Pro Tem ATTEST: Matti-, Cunningham, City Clerk APPROVED AS TO FORM: T. K. 1-Iaynes, City Attorney L- GRIFI -ITIPS QUICK & C -Z LURE John David Griffith, Owner EXHIBIT A 2 STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor Pro Tern 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 considcration therein expressed, and in the capacity therein stated. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February, Notary Public, State of 'Texas Printed Name: Commission Expires: STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this clay personally appeared John David Griffith, 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. 1995. LIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February, Notary Public, Stale of Texas Printed Name: Commission Expires: 27 30oPinos.TX Paris, TX 75460 ���"� "�-* ComputerizedMaintenanceRecords (903)784 -1646 Transmission Service 200 N. 16th. 10 Min. Oil Change Ftugo,OK747A3 QQ� R (405) 326 -7453 "We love America•• Q U I K & E—Z LU ""' E Sorvi'o th .1l malcos ou smilo 7 �.r.r ;'?7r9f-� n � 1 7 EXHIBIT A 28 J_ItN _QLA;55 -4 = FU 'iT -Z-T': LD11 JG A a CYLINDL'RZ A. DASIQ SLRVI CS Drain crank case, change oil filter, fill with oil (up to 5 quarts); grease all fittings; lubricate hinges and latches. D. ELRVIC S OJECK LZ,U, Check, clean or replace air filler ['�. � U ED �j�.irr�„ r U Check and fill transmission Check and fill brake fluid ��« 24 A591 Check battery fluid level Check and fill differential o" Check Check and fill power steering and fill lAhi'l,t' PA�IJ• IONAS Treat windshield washer fluid battery terminals Check and clean crank case vent filter needed) (replace if Check Check all tires, inflate to proper pressure all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA MDU=.(as needed) Oil per quart eo Air filter element- (12,000 miles) $ 5,9P GAs� Crank case filter element Gear oil per pound $ .7i Transmission fluid per quart Power steering fluid per pint- Drake fluid per pint 10 L. Windshield washer fluid per quart ,Go Automatic transmission filter /:fluid change -- 20,000 mile intervals or as needed (up to 4 quarts) Car wash and vacuum for executive and police vehicles I P7 KUPS : MAZ,7a L?�3 Transmission fluid per quart $ �•°� Power steering fluid per pint $ Brake fluid per pint windshield washer fluid per quart $ ,GD D. Automatic transmission filter /fluid change--20,000 mile intervals or as$ 99. needed (up to 4 quarts) 1 SIC SI;RVICI;S A. 13A, Drain crank case, change oil filter, fittings; fill with oil (up lubricate hinges and to 5 quarks); grease all latches. i>;? D. �rRVZC>;S Check, clean or replace air filter Check and fill transmission Check and fill brake fluid CI A�InII��GtIZ Check battery fluid level differential ,'),Y VArUS,''EXA3 Check and fill Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle C. •XT PRODUCTS (as needed) Oil per quart Air filter element (12,000 miles) $ Crank case filter element s Gear oil per pound $ Transmission fluid per quart $ �•°� Power steering fluid per pint $ Brake fluid per pint windshield washer fluid per quart $ ,GD D. Automatic transmission filter /fluid change--20,000 mile intervals or as$ 99. needed (up to 4 quarts) 1 = R K l 'Iat ?SON/ G$ MINDER c c A. BASIC ZERVICES Drain crank case, change oil filter, fill with oil (up to 7 quart-s); grease all fittings; lubricate hinges and latches. D - E' RVI _rS QIEQK LIST Check, clean or replace air filter Check and fill transmission Check and fill brake. fluid Check battery fluid level Check and fill differential Z Check and fill power r fluid , ' • ' S;���°`���lS Check and fill windshield washerfluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper Check all belts and hoses pressure Check wiper blades Check for oil leaks under vehicle C. LIXTRA �'- --DU_QU (as needed) Oil per quart Air filter element (12,000 miles) � ., 99 ��sE Crank case filter element Gear oil per pound $ 7 7f� Transmission fluid per quart O� Power steering fluid per pint $ "-7.°.° Drake fluid per pint ,� o0 Windshield washer fluid per quart D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 5 quarts) / 39,?rGAS� L CLASS _ MCKS; 1 'i'ON TIIRU 2 T & .Q CYLINDER .(DIEUL) AMBULANCES/RESCUE WIT (DIESEL) A. BASIC SERVICES M C. Drain crank case, change oil filter, fill with oil (up to 9 quarts); grease all fittings; lubricate hinges and latches. Oil: Shell /Rotella 15 -W 40. $ 'Ig g, aERVICES CHEQK LIST 0 Check, clean or replace air filter Check and till transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat- battery terminals Check and clean crank case vent filter needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle EXTRA PRODUCTS (as needed) i n``1 4 Ft � , •��� Gr J� VN (replace if co Oil per quart $ -� Air filter element- (16,000 miles) $ 5. ?9 LISP Fuel filter (change every 300 hrs) Crank "case filter element Gear oil per pound Transmission fluid per quart Power steering fluid per pint Brake fluid per pint Windshield washer fluid per quart $ �- $ �• °' $ a °u $ Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 5 quarts) � g9. q--j- �/�Sf- R- UASS Y = 'RUCKS- 2-1/2 TON & `i TON /6 A Q �XLINDER Ar A. BASIC SERVICES Drain crank case, change oil filter, fill with oil (up to 7 quarts); grease all fittings; lubricate hinges and latches. x ?. 5-- I3. S>zRVTC' - Ilu I LIST Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter needed) Check Check all tires, inflate to proper pressure all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA i'ROD JCZ$ (as needed) pAI�1S, `�Lg(1a (replace if Oil per quart $ -1,00 Air filter element (16,000 miles) 6.9.q Crank case filter element- -7. 6:1-, Gear oil per pound Transmission fluid per quart- �,00 Power steering fluid per pint Qo Drake fluid per pint ov Windshield washer fluid per quart- .60 D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as �.. needed (up to 5 quarts) L.. �;r'AS* )a = M c'KS 2-1/2 TON & 3 TON / G YNQDR 5T RUT I T SW)__ ' LP1;R A. BASI 5MICZE Drain crank case, change oil filter, fill with oil (up all fittings; lubricate hinges and to 12 quarts); grease latches. u� D. 5'RVT 1' am", Check, clean or replace air filter Check and fill transmission a Check and fill brake fluid ,: Check battery fluid level fill differential Check and Check and fill power steering fluid fluid Gxyn�i° Check and fill windshield washer Treat battery terminals case vent filter (replace if Check and clean crank needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA PROpUCTS (as needed) 0 jo Oil per quart Air filter element (16,000 miles) Fuel filter Crank case filter element Gear oil per pound Transmission fluid per quart Qo power steering fluid per pint o� $ Drake fluid per pint Windshield washer fluid p er quart • 6p $ V /V. FS— D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as, needed (up to 5 quarts) Resolution No. 95 -022, authorizing and directing the City Manager of the City of Paris, Michael E. Malone to t execute Center f for copier of Paris an agreement with Office Equipment resented. A motion was maintenance for Paris Police Department, was Councilman Fulbright for made by Councilman Jenkins, seconded by approval of the resolution. The motion carried 6 ayes, 0 nays. ,., 4 RESOLUTION NO. 95 -022 WHEREAS, the City of Paris Police Department did advertise for bids for furnishing and delivery of a copier maintenance agreement for the City of Paris Police Department, which bids were received until 3:00 o'clock P.M., Tuesday, February 7, 1995; and, M.rw WHEREAS, the best bid for such copier maintenance agreement was made by OFFICE EQUIPMENT CENTER, Paris, Texas and it should be awarded the bid for such construction; and, WIIEREAS, the agreement under the terms and specifications included in the bid documents for such copier maintenance agreement attached hereto as Exhibit A, should be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, EREFORE, BE IT RESOLVED I3Y THE CITY COUNCIL OF TiIE CITY OF PARIS, that the bid of OFFICE EQUIPMENT CENTER, for the copier maintenance agreement in the amount of $1,250.00 is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit A; and, BE IT FURThIER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement with OFFICE EQUIPMENT CENTER for copier maintenance, upon the terms and conditions of the bid documents in Exhibit A attached hereto. PASSED AND ADOPTED this 13th day of February, 1993. Eric S. Clifford, Mayor Pro e ATTEST: Mattie Cunningham, City ISlerk APPROVED AS TO FORM: T. . layA e ,City Attorney INVITATION FOR BIDS FOR FURNISHING AND DELIVERY OF COPIER MAINTENANCE AGREE14ENT FOR THE CITY OF PARIS POLICE DEPARTMENT CITY OF PARIS PARIS, TEXAS JANUARY, 1995 EXHIBIT A 36 PUBLISH - PARIS NEWS TWO TIMES JANUARY 15, 1995 JANUARY 22, 1995 LEGAL NOTICE The City of Paris will received sealed bids at the Office of the City Manager, P.O. Box 9037, Paris, Texas, 75471 -9037, for the furnishing and delivery of a copier maintenance agreement for the Paris Police Department. Bids will be received until 3:00 P.M., Tuesday, February 7, 1995 at which time bids will be opened, tabulated, and referred to the City Council for their consideration at the meeting to be held Monday, February 13, 1995 at 6:00 P.M. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. The City reserves the right to reject any or all bids, to award totally or separately as may be advantageous to the City. Notice to Bidders, Specifications, and Bid Form may be obtained in the Office of the City Manager. City of Paris, Paris, Texas BY: Mattie Cunningham, City Clerk 37 Notice to Bidders The City of Paris will receive bids until 3:00 PM, Tuesday, February 7, 1995 for the furnishing and delivery of a copier maintenance agreement for the Paris Police Department. Bids should be enclosed in an opaque sealed envelope marked "BID ENCLOSED" and addresses to the Honorable Mayor and City Council, Office of the City Manager, City of Paris, Paris, Texas, P.O. Box 9037, Paris, Texas, 75460 -9037. Bids will be received until 3:00 P.M. Tuesday, February 7, 1995 at which all bids will be publicly opened in the Council Room, City Hall, Paris, Texas. The bids will then be tabulated and referred to the Mayor and City Council Meeting to be held Monday, February 13, 1995, at 6:00 P.M. Specifications describing the maintenance agreement upon which bids will be received are attached hereto. The City of Paris reserves the right to reject any of a p bids, to waive any informality in bidding, and to award as may be advantageous to the City. Mattie Cunningham, City Clerk Specifications of Maintenance Agreement The Paris Police Department presently uses one copier that this agreement would provide maintenance for, a Minolta EP -- 8600. This machine is available for inspection at the Paris Police Department, 811 Bonham, Paris, Tx. during regular business hours, 8 AM until 5PM, Monday through Friday. Maintenance Agreement shall include - 250,000 copies per year on EP 8600 additional copies at $0.006 per copy. Any and all needed parts and labor not including drums, developer or toner. Response to Service call within 24 hours. 39 oil FEE- 71995 'i -'CITY MAt\iAGER BID FORM --PARIS, TEXAS COPIER MAINTENANCE A; GREEMENT TO: MAYOR AND CITY COUNCIL Office E ui ment Center FROM: Tx. 75960 1010 Lamar Avenue, Paris, Name and Address of Bidder of Paris, a copier offer to sell the Ciecifications, except as (I)1 (We) hereby our sp maintenance agreement meeting y noted below, for the consideration stated herein: ibe any deviation from the prepared specifications) (D e s c r 1. 2. 3• within— calendar (complete) Said agreement to start artment, 811 Bonham, of Paris Police Depa in the City of Paris Paris, Texas, filling the descri Specification. includes 250,000 copies, excludes Bid Amount- $' ��n nn All copies in excess of 250,000 drum, developer. and toner. at $� 5 per copy this day of 199_. will be, b Bid gnature and Title of Person Submitti 9 ** ui ment Center is the only authorized Minolta Office Eq P dealer for this area. Resolution No. 95 -023, authorizing the Mayor Pro Tem of the City Of �-W Paris, Eric S. Clifford, to lx Ba . °n behalf to f act eas ldepository for year term beginning March 1, 1995, and contract with Liberty Nation q motion was made by the City of Paris for a two wa presented. ending February 28, 1997, Councilwoman McDonald for approval ndofcarried 6 ayes n 0 nays, motion was the reso seconded by Councilman Fulbright, a 40 RESOLUTION NO. 95 -023 WHEREAS, the City Council of the City of Paris, Paris, 'Texas, 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, 1995 through February 28, 1997, which bids were received until 3:00 o'clock P.M., Tuesday, January 3, 1995; and, WIIEREAS, the best bid for City Depository was made by Liberty National Bank in Paris, and it should be awarded the contract for such depository; NOW, THEREFORE, BE IT RESOLVED BY TILE 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, 1995, through February 28, 1997, is hereby accepted and let; and, BE IT FURTHER RESOLVED, that the Mayor Pro 'Tem of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with Liberty National Bank in Paris, to act as depository for (lie City of Paris upon the terms and conditions set out in that institution's bid attached hereto as Exhibit A. PASSED AND ADOPTED this 13th day of February, 1995. Eric S. Clifford, Mayor Pro Tem ATTEST: Mattie Cunningham, City Ojerk APPROVED ASJTO FORM: T. K. f laynes/City Attorney 41. i � ■ rierrrr+w`� Publish The Paris News January 15, 1995 January 22+ 1995 LEGAL NOTICE NOTICE OF BIDS AND APPLICATIONS FOR SELECTION OF CITY DEPOSITORY the custody of City funds will be received by Of Paris, Paris, Texas from any Applications body of the City business within said Governing depository of the City of cor oration, associat10nes�reltolbedselebtedeas dg1995 City of Paris that may two years, beginning March 1, Paris for the ensuing Bids and applications, wh ich forms are available y in Clterk onlor before they City of Paris, shall be filed with the City Clerk, 1995 at 3:00 P• M• 7th day Of February, MATTIE CUNNING tyMof Paris City Clerk, Paris, Texas L EXHIBIT A 42 S ;"' a OF I ;. NOTICE OF BANKING INSTITUTIONS WITHIN THE CITY OF PARIS JAN 5 1995 Notice is hereby given that Governing Body of the City CITY lh%G XAS subject to the provision of Article 105, Revised Civil Statutes of Texas, as amended, will receive Bids and Applications from all interested banking instituL•ions 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, 1993 through February 28, 1995. Any such application shall be delivered to the office of the City Clerk in the City hall Annex prior to 10:00 A. M., January 5, 1993. It is required that each bank bid by filling in all blanks and agreeing to the following specifications: Bank will pay to City'interest on time deposits in accordance witli the following schedule: Certificatee of Deposit under $100,000.00 Maturity Rate 7 -13 days 14 -29 days T -Bill ((Minus) 24 Basis Points 30 -59 days T -Bill ( PAM-5 Minus ) ( )- 2A� Basis Points 60 -B9 days T -Bill (PASW )(Minus ) 94 Basis Pointe 90 -179 days T -Bill (P>bw) (Minus) 26 Basis Points 180 -365 days T -Bill, (PAMr-)(Minus)___2,a_Basis Points T -Bill (Nbms) (Minus)_2A Basis Points Certificates of Deposit over $100,000 00 Maturity Rate 7 -13 days 14 -29 days y T -Bill (NAAV) (Minus) '71 Basis Points 30 -59 days T -Bill (PAUS) (Minus) �_Basis Points 60 -89 days T -Bill (P-IMO) (1linus) 71 Basis Points 90 -179 days T -Bill (Utw )(Minus) 71 Basis Points 1 00 -365 days T -Bill (ms)(Minus)'21 Basis Points T -Dill (M&Va)(Minus) 21 Basis Points The City will be privileged to use all investment services offered all other customers. The City will accept bids only on the basis herein after described Rates bid must be tied to the Treasury Bill rate effective at the time the certificate is to be purchased. The Bill rate basis to be used will be the quoted yield in the Wall Street- Journal for Bills most closely approximating the maturity of the Certificate of Deposit to be purchased. Bonds should be quoted either plus of minus a given number of basis points from this T -Bill yield. The Wall Street Journal to be used will be the paper dated the same day the certificate is purchased. 43 osits 0 a. Handling Checks and Dep 0 b, Handling Temporary Overdrafts 15,00 C. Stop Payments d, Rates of Interest on Warrants/ Liberty National Bank Base Lending ,,.� s r Pproval Certificates R � t n c� �b j r r__r.--- - - --•- furnished by the In addition to the normal services and supplies depository bank, the following services are standard and common d most depository contracts. The following services are to be furnished at no charge to the City of Paris: Triplicate form Deposit Slips Bond and Coupon 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 Money Orders to submit any further concessions or services in to the City of Bidders are requested provided herein which they may the space p want to offer in selecting the Paris and make any comment as further consideration City's Depository: deposited into the depository under the provisions the All monies which are shall be continuously secured, in a a val d epledge by of this proposal laws of the State of Texas applicable thereto, market value when less than direct obligations having a par value or all times at least equal to the r— par, exclusive o accrued interest, at f on depos it in said several funds on deposit in total amount of money the depository. not All time deposits or time Certificates of Deposit ved}�depoaitory finally ro elapsed on the termination date of deposit the ePP the tact date contract, shall remain on then during said cont same terms and conditions i elapsed. such time deposits have be de posited in the City Depository or laced Funds from Bond sales may ^]?n, }`a in outside investments. Y 1AA�t��1Sr� C�xY p�TtIS'lE The city of Paris reserves the right to accept or reject any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part of all of any of its surplus or excess funds outside the designated depository, in any manner permitted by law, from time to time throughout the term of the contract. Name of Bank XLibert National Bank By Title t Date Jan. 5, 1995 Resolution No. 95 -024, ordering the regular municipal Election for the City of Paris, Paris, Texas to be held on the first Saturday in May, 1995, same being the 6th day of May, 1995, between the hours of 7:00 o'clock A. M. and 7:00 o'clock P. M., by the qualified voters of Districts 4, 5, and 7, of the City of Paris, Paris, Texas with early voting for the same being conducted in the City Hall Annex West, from the 17th day of April 1995, through the 2nd day of May 1995, Monday through Friday, between the hours of 8:00 A. M. and 5:00 P. 14. for the purpose of electing the Councilmembers from each of said districts to serve as members of the City Council for the ensuing two years, was _ presented. A motion was made by Councilman Fulbri4ht, seconded by "- Councilwoman McDonald for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 95 -024 A RESOLUTION ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, PARIS, TEXAS TO BE HELD ON THE FIRST SA'T'URDAY IN MAY, 1995, SAME BEING THE 6TII DAY OF MAY, 1995, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., 'D BY THE QUALIFIED VOTERS OF DIS'TRICT'S 4, 5 AND 7 OF TIIF CI'T'Y OT. PARIS, PARIS, TEXAS WITH EARLY VOTING FOR THE SAME BEING CONDUCTED IN THE CITY HALL ANNEX WEST, FROM THE 17-I'll DAY OF APRIL, 1995, THROUGH THE 2ND DAY OF MAY, 1995, MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 8:00 O'CLOCK A.M. AND 5:00 O'CLOCK P.M., FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBERS FROM EACH OF SAID DISTRICTS TO SERVE AS MEMBERS OF THE CITY COUNCIL FOR THE ENSUING TWO YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a regular municipal election for the City of Paris, Paris, Texas, be held by the qualified voters of Districts 4, 5 and 7 of the" City of Paris, Paris, Texas, on the first Saturday in May, 1995, same being the 6th day of May, 1995, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., for the purpose of electing three (3) members of the City Council of the City of Paris for two year terms, as follows: One Council Member from District Four (4) i One Council Member from District Five (5) One Council Member from District 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: District Four (4): Polling Place: Aikin Elementary School 3100 Pinc Mill Road Officials: James R. I- licks, Presiding Judge Deanna Manning, Alternate Presiding Judge District Five (5): Polling Place: City Hall Annex 150 Ist Street S.E. Officials: Patricia Short, Presiding Judge Viola Broyles, Alternate Presiding Judge District Seven Q: Polling Place: Crockett Middle School 655 South Collegiate Drive Officials: Howard Brazile, Presiding Judge Eloise Brazile, Alternate Presiding Judge Section 3. The Presiding Judge of the respective voting boxes shall designate and appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective polling places and voting boxes as may be required for the efficient conduct of said election. Section 4. That early voting for the election described in Section 1 above shall be conducted under the direction of the City Clerk by herself and her deputies as ordered in separate order herefrom, beginning on the l7th day of April, 1995, through the 2nd day of May, 1995, Monday through Friday, between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M. Section 5. That the polling place and election officials for early voting of said election shall be as follows: EARLY VOTING• Polling Place: City Clerk's Office City Hall Annex West 150 1st Street S. E. EARLY BALLOT BOARD: Officials: Patricia Short, Presiding Judge Viola Broyles, Alternate Presiding Judge Section 6. There is hereby created an early voting ballot board which consists of the presiding judge, the alternate presiding judge, appointed in Section 5 above, and at least two other members to be appointed by said presiding judge. Tile early voting ballot board shall carry out the duties enumerated in Chapter 87 of tlhe Election Code of tlhe State of Texas. Section 7. 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 8. 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 (he board provided for notices at the City Hall door, at each of the polling places designated above, which are within each district 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 tlhe notice shall be filed with tlhe City Clerk of tlhe City of Paris, -- together with the posting officer's return and the newspaper certificate of publication. 2 Section 9. The pay of the judges and clerks of said i cct iOn is her Use ` authorized and established as follows: • $6 00° per hour for cac judge 47 election judge who delivers the returns o�ll he c� �1ioila�ldiiionalt suwn otf $25.00 for have been counted to the proper office shall p I all election supplies not used that service, provided also, he slialitWZ when lie makes returns of such election PASSED AND ADOPTED by the City Council of til February, YParis in regular meeting, at the City Hall of said City, on this Y Eric S. Clifford, M -a- em ATTEST: Matttie Cunningham, City erk APPROVED AS Ty FORM: T. K. It , y Attorney Resolution No. 95 -025, resolving by the City Council of the City of Paris that the new Customer Support Agreement for the USTI Software Applications licensed to the City of Paris hereby be accepted, and authorizing and directing the Mayor Pro Tem of the City of Paris, Eric S. Clifford, to execute the Customer Support Agreements, was presented. A motion was made the by Councilma resolutions JThei motion arriedb6 Councilman Bell for approva l ayes, 0 nays. 3 48 RESOLUTION NO. 95 -025 95_02_ WHEREAS, the City of Paris has need for customer support for the USTI software applications licensed to the City; and, WHEREAS, it is deemed to be in the best interest Of Cd he e City of Paris o and made la part hereof Customer Support Agreements in the form of Exhibit A atta be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL e OF THE, applications CITY OF the that City new Customer Support Agreements for the USTI software pp Paris described in Exhibit A attached hereto, be, and the same are hereby, accepted; and, of BE IT FURTHER RESOLVED, that the Mayor pr Te of the�Citytof ['�tristo execute Clifford, be, and he is hereby, authorized and directed on the Customer Support Agreements attached hereto as Exhibit A. PASSED AND ADOPTED this 13111 day of February ATTEST: Mattie Cunningham, City Clerk APPROVED AS T( T. K. Haynes, City FORM: tt or ney Eric S. Ch .aca, Mayor Pro Tem CUSTOMER SUPPORT AGREEMENT (USCS1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Budget Preparation - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $830.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1,1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE /SHE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: United Systems Technology, Inc. Authorized Signature Name Lanny Evans Title Manager, Customer Support Date i ACCEPTED BY: The City of Paris Authorized Signature Name Eric S. Clifford Title T?ayor Pro Tem Date February 13, 1995 EXHIBIT • J CUSTOMER SUPPORT AGREEMENT (USCS 1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Emergency Medical Services - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $830.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1,1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE /SIZE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF TI IIS AGREEMENT. ACCEPTED BY: United Systems Technology, Inc. Authorized Signature Name Lanny Evans Title Manager, Customer Support ACCEPTED BY: The City of Paris Authorized Signature Name L'ric S. Clifford Title tlayor Pro Tem Date Data February 13, 1995 51 CUSTOMER SUPPORT AGREEMENT (USCS 1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". '—' CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Fixed Assets - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $680.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1, 1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE /SHE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: ACCEPTED BY: United Systems Technology, Inc. The City of Paris Authorized Authorized Signature Signature Name Lanny Evans Name 11ric S. Clifford Title Manager, Customer Support Title Mayor Pro Tem Date Date February 13, 1995 -_ i 52 CUSTOMER SUPPORT AGREEMENT (USCS 1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: General Ledger / Accounts Payable - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $1,960.00 for Customer Support for tiro Support Term which will begin on the Support Commencement Date of March 1, 1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE /SHE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHM, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: ACCEPTED BY: United Systems Technology, Inc. The City of Paris Authorized Authorized Signature Signature Name Lanny Evans Name Eric S. Clifford Title Manager, Customer Support Title Mayor Pro Tem Date Date February 13, 1995 CUSTOMER S l7PI�'`O V I;GREEMENT (USCS 1.9403 LThis Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Information Indexing - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $680.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1, 1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS _ TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: United Systems Technology, Inc. Authorized Signature Name Lanny Evan Title Manager, Customer Support Date ACCEPTED BY: The City of Paris Authorized Signature Name f:ric S. Clifford Title llayor Pro Tem Date ___February 13, 1995 J� 54 CUSTOMER SUPPORT AGREEMENT (USCS 1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and The City of Paris hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Payroll / Personnel II - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $980.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1, 1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT I-IE /SI-IE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: ACCEPTED BY: United Systems Technology, Inc. The City of Paris Authorized Authorized Signature Signature Name Lanny Evans Name Erik S. Clifford Title Manager, Customer Support Title Mayor Pro 'Lem Date Date February 13 , 1995 L L r` CUSTOMER II CS o T A RF-FMENT This Support Agreement is made by and between United Systems TeclinologY, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" d to as "CUSTOMER (an Iowa corporation), and The City of Paris hereinafter referre defined in the CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, 'as Identified as the USTI CUSTOMER SUPPOR AGREEMENT TERMS AND CONDITIONS document Application Software: (USCS2.9403) on the following Licensed App Utility Billing and Collections - Legacy' a UP on receipt of invoice from USTI, the Support Fee of $980.00 CUSTOMER hereby agrees to pay, Support Commencement Date for Customer Support for the Support Term which will begin on the Sup of March 1,1995 and remain in force for a period of 12 months. VIER AND USTI further agree that Customer Support will, at the conclusion of the Support CUSTOMER Support Terms at the then annual Support Term, be automatically extended for rt annual (12 prov provided according to all the terms, conditions and Fee and that said Customer Support definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403)• THE TERMS RTH IN THE USTI CUSTOMER SUPPORT AGREEMENT Y ITS THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, N AND CONDITIONS OF WHICH ARE SET FO TERMS AND CONDITIONS (USCS2.94031, UNDERSTANDS TOMER AGREES THAT T ST HE COMPLETE AND TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AND ALL OTHER COMMUNICATIONS EXCLUSIVE STATEMENT OF THE AGREEMENT BE EEf`!' THE PARTIES WHICH SUPERSEDES EXCLU PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: ACCEPTED BY: United Systems Technology, Inc. Authorized Signature Name Lanny Evans Title Manager, Customer Support ._— Date The City of Paris Authorized Signature Name Eric S. Clifford Title Mayor Pro Tem Date February 131 1995 CUSTOMER SUPPORT AGREEMENT (USCS 1.9403) This Support Agreement is made by and between United Systems Technology, Inc., with principal offices at 3021 Gateway Drive, Suite 240, Irving, TX 75063, hereinafter referred to as "USTI" (an Iowa corporation), and Tile City of Paris Police Department hereinafter referred to as "CUSTOMER ". CUSTOMER hereby orders and USTI hereby agrees to provide Customer Support, as defined in the document identified as the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403) on the following Licensed Application Software: Law Enforcement Management Information System - Legacy CUSTOMER hereby agrees to pay, upon receipt of invoice from USTI, the Support Fee of $1,950.00 for Customer Support for the Support Term which will begin on the Support Commencement Date of March 1,1995 and remain in force for a period of 12 months. CUSTOMER AND USTI further agree that Customer Support will, at the conclusion of the Support Term, be automatically extended for annual (12 month) Support Terms at the then annual Support Fee and that said Customer Support will be provided according to all the terms, conditions and definitions contained in the USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403). THE CUSTOMER ACKNOWLEDGES THAT HE /SHE HAS READ THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE USTI CUSTOMER SUPPORT AGREEMENT TERMS AND CONDITIONS (USCS2.9403), UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ACCEPTED BY: United Systems Technology, Inc. Authorized Signature Name Lanny Evans Title Manager, Customer Support Date ACCEPTED BY: The City of Paris Police Department Authorized Signature Name Lric S. Clifford Title Hayor Pro Tem Date February 13, 1995 USTI CUSTOTIER SUPPORT AGREEMENT TERTIS AND CONDI'T10NS (USCS2.9403) - I .Defioitions The term Licensed Application Software in this Agreement shall mean all 1�'arranlies and Limitation of Wbilily licensed data processing programs consisting of instructions or statements in USTi will use its beat efforts to provide IIELPLiNE services to answer machine readable form and ony related licensed materials such as, but not CUSTOMER quutions, to provide 1.fAiNTENANCE services to locate and limited to, manuals, system documentation or written or verbal instructions correct identified program defects, and to provide ENHANCEMENT pprovided for use in connection with the licensed data processing programs. services to improve i,ictytstd Application Software, but does not guarantee 77he term Licensed Application Software excludes any and all cuttonuZAtions service results or warrant that all questions and problems will be either or modifications to same whether made by USTI or another party, ansu-cred or resolved, that all defects will be corrected or that Lie ed USTI Customer Support, hereinafter referred to as Customer Support or (-port is made up of three distinct services as defined below: IiELPLiNE is a toll free telephone service provided to users of USTI i Lketmed Application Software to (a) clarify opernting instnutions contained in the user documentation delivered with the Lkeitstd Applieat;on Software, and (b) to assist in the identification of wlutiont to oreretingg problems being experienced by the CUSTOMER in the use of USTI Lkettsetl Ap tlicalion Software. Said lllil_PLINE service it pro vided during USTI's normal working hours, through a dedicated staff of IIELPLWE support representatives, and ONLi by telephone. MAINTENANCE is a service provided to users of USTi i.icatsed Application Software to record, research, and correct verified 1!roggram error or defects arising in USTI Licensed Application Software. Software MAINTENANCE is provided on USTI's schedule, during USTI's normal working hours, and ONLY at USTI's normal business location(s). ENHANCEMENT is a sen•ice provided to users of USTI Lfcenstxl Application Sonware to improve the USTi Lkettstd Applicalitm Softwware. Software ENIIANCUtE•NT is provided at USTI's oplion, on USTI's schedule, during USTI's normal working hours and UNLY at USTI's normal business loestion(s). Software ENIIANCEhiENT is designed to Assure that customers utilizing Customer Support will have available Licensed Appiication Software equivalent to the currently marketed version of the Lictxtsed Appikadon Software. USTI expressly excludes the following services from die services to be provided under this Customer Support Agreement: a Hardware and Operating System configuration and implementation b Operator training e Any On -Site services including, but not limited to training, assistance, implementation, etc. Training classes e Modifications and/or eustornizetions other than those included in the ENIIANCEMENTS delivered periodically by USTI 0 Customer SuJ'ppons on any software other than the Licenstil Application Software identified herein 1 kn USTi services pro vided beyond IIELPLINE. MAINTENANCE and ENHANCEMENT, as herein defined, will be furnished only by separate igrcement with USTI, and at USTI's nonnal billing rate and terns then in ).Term and Termination This agreement will remain in force for the Support Term identified in the Customer Support Agreement (USCS1.9403) and will then be automatically extended for annual Support Term upon payment of the Customer Support Fee at the then current rates. Either the CUSTOMER or USTI can terminate this Agreement at the end of any Support Term, USTI by providing written notice, at least 30 days prior to the end of the Support Term, and the CUSTOMER by marking the Support Fee invoice 'CAncel' and returning the marked invoice without payment. 3. Fees and Payment Payment, in full, of the appropriate Support Fee, identified in the Customer Support Agreement signature page (USCS1.9403), must be received by USTi pprior to the Support Commencement Date. An invoice for the applieablo Support Fee will be submitted by USTi to CUSTOMER prior to Utiie Support Termination Date. To cancel the annual renewal, CUSTOMER most return the Support Fee invoice marked 'cancel' to USTI. All ehargq for all* Is and mailings to USTI are the rc. onsibility of the CUSTOMER. All returns and mail to the CUSTOM by USTI m via rcgtttat U.S MAR, unless apecifically directed otherwise by tike CUSTOMER. All exprcst or expedited charges arc the responsibility of tie CUSTOMER, and will be billed separately to the CUSTOMER if paid by USTi. USTi provides an inbound loll free 800 number to sceess the HELPLHNE service and provides outbound callback service. All other telecommunications char ell specifically as required for 'modem' connection to CUSTOh1ER's computer system, will be billed to CUSTOMER. APpbcntson Software will meet CUS'rOMER's expectations, tits USTI's liability for damages to the CUSTOMER for any cause whatsoever, and regardless of the form of actions, whether in contract or in tort including negligence, shall be limited to the actual Support Fee paid by the CUST01.1ER for up to twelve month's of Customer Support for the I,icMlitd AppGcnliun Snflu•are indicated above. Such charges shall be those in effect for the Licemstd Application Software when the cause of action arose. In no event will USTI the liable for any damages caused by the CUSTOMER's failure to perform the CUSTOMER's maponsihilitier, or for any lost revenues or other coosequcridmi damages, even if USTI has been advised of the possibility of such damages, or for any claim against the CUSTOMER by any party. Tf1E FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO. ph., IMPLIED WARRANTINS OF MERCHANT- ABILiTY AND Fff'NESS FOR A PARTICULAR PURPOSE. Reinslatentenl Reinstatement of this Agreement after having not been in force for 60 days or less will be made retroactive to the date that the Agreement was terminated with no reinstatement charge. Reinstatement of this Agreement aver having not been in force for more than 60 days will incur a reinstatement charge, in addition to the normal Customer Support Fee, of an arhhoonl equol to 5% of the Customer Support Fee for each month that this agreement is not in force, up to a maximum of 100% of the Customer Support Fee. Special services that may arise due to conflicting file structures or conversions are additional. 6. General This Agreement is not assignable. None of the services granted hereunder nor any of the Licensed Software maletiAls or eopies thereof may be sub - licensed, assigned or transferred by the CUSTOM I R. Any attempt to sub- license, assign or transfer any of die rights, duties or obligations under this Agreement is void. The terns and conditions of Chit Agreement may be modified by USTI effective on die date of automatic renewal by providing the CUSTOMER with one month's rior written notice. Any such modification will apply unless the CUSTOMER exercises ilia option to terminate this Agreement as outlined in arograph two (2) above. Otherwise, this Agreement can only be modified by a written Agreement dalyy siggned by It person authorized to sign agreements on behalf of the CUSTOMER and of USTI and variance from the terms and conditions of this Agreement in any CUSTOMER order or other modification will be of no effect. Tile CUSTOMER represents that he is the Licensee of the system under this Agreement via a valid License Agreement effected directly with USTI. USTI is not responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control. No actions, regardless of form, arising out of this Agreement my be brought by either part y more than two years after tie cause of actions has arisen, or in the area of nonpayment, more than two years from the date of the last payment. Any action al law, suit in equity or judicial rroceeding for the enforcement of this s rcement or Any provision thereof shhall be instituted only in the courts of tie Slate of Texts. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Texas both as to interpretation and performance. it is understood slid agreed by the parties hemlo that if any part, term, or provision of this Agreement is by the courts held to he illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions thall not lie affected And the riglhts and obligations of tie Parties shall be construed and enforced as if the Agreement did not contain the particular part, tern, or provision that is held to be invalid. CUSTOMER agrees that should it default in any of the covenants or agreements contained herein, CUUSTOMER shall pay all costa and expenset enforcing this reasonable whether pursued iby fhfing suiteorbefore or oiler judgment. Resolution No. 95 -026, ratifying the contract with Health Care Benefits, Inc., for furnishing and delivery of Term Life Insurance, Stoploss Insurance, Third -Party Administrative Services, and a Maintenance Drug Program for employees of the City of Paris, executed by W. E. Anderson, Director of Finance for the City of Paris, was presented. A motion was made by Councilman Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 6 ayes, 0 nays. 5 RESOLU'T'ION NO. 95_ 026 WIIEitL'AS, the City Council of the City of Paris, did on January 9, 1995, accept the bid from I-IealthCare Benefits, Inc. inistrativerServices,�a�d alMaintcoi� nce'Drug Program for Stoploss Insurance, Third -Party Ads n employees of the City of Paris; and, WHEREAS, W. E. Anderson, Director of Finance of the City of Paris, did execute contracts for such insurance coverage and services on January 18, 1995, which execution should, in all things, be ratified; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IleaItlCCare Benefits, that tie execution of the contracts, attached hereto as Exhibit , E. Anderson, Director of Finance of the City of Paris, on the 1801 day of January, 1995, be, and the same is hereby, ratified. PASSED AND ADOPTED this 13th day of February, 1995. Eric S. Cliffor - Pro-tern ATTEST: APPIq)VED AS"T� FORM: T. K. Iaynes, Attorney L ADMINISTRATIVE SERVICES AGREEMENT II13I- ASA/11 -93 C V H I B-IT A Go ADMINISTRATIVE SERVICES AGREEMEN'r THIS AGRr.E -mLNT is rimade and entered into by and between IlcalthCare Benefits, Inc., a corporation organized, existing and doing business tinder and by virtue of the laws of the State of:Texas (hereinafter referred to as "Contractor ") and City of Paris (hereinafter referred to as 'Purchaser "). WITNESSETII: WI IEREAS, Contractor is in the business of providing independent lhirtl -party administration of employee welfare benefit programs; and WII13-ItCAS, Purchaser desires to engage the service of a third -party administrator fora welfare benefit program (hcrcint►iter referred to as "Benefit Program ") to be provided to Purchaser's employees and their eligible dependents (hereinafter collectively referred to as "Participants "); and WHEREAS, Con ractor is willing to provide such services to Purchaser and other parlies'on an independent contract basis. NOW, THERE-PORE; for and in consideration of the mutual promises, covenants and Agreements hereinafter set fprth, the parties hereto agree as follows: SECTION ONE OBLIGATION Or PURCHASER 1.01 Turchaser shall furnish Contractor with a detailed description of the Benefit Program to be administered. 1.02 Purchaser, in consultation with Contractor, shall determine the administfative practices and :procedures .to be followed in the processing and payment of claims. 1.03 . :Purchaser shall provide to Contractor a complete and current listing: of all Participants ;eligible to receive benefits prior to their date of eligibility -- making timely changes to the :aisting on a periodic basis. 1.04 .Purchaser :shall obtain the consent of Participants for the release of confidential medical information required for administration and to process claims for the.-Payment of fees for ,..medical services rendered to patients, including any fees for mental :or emotional health services performed by professionals, as may be required by state or federal law. 1.05 - Purchaser shall establish and maintain a suitable banking arrangement to effectuate the ._provisions of Section Six herein. 1.06 ::."At Contractor's request, or at Purchaser's option, Purchaser shall make the final determination or eligibility of Participants to receive benefits and any special issues `• arising in the course of administration. 1.07 Purchaser shall designate in writing a contact person who will be empowered to act on behalf of Purchaser with regard to the terms of the Agreement and with whom Contractor can coordinate and resolve all questions arising in the course of administration. L L SECTION TWO OBLIGATION Or CONTRACTOR 2.01 Contractor shall administer Purchaser's Benefit Program in accordance with the benefit plan description provided and the administrative practices and procedures established. 2.02 Contractor shall provide or arrange for suitable racililics, equipment and personnel necessary for proper administration of the Benefit Program. 2.03 Contractor shall, upon request, assist Purchaser is establishing appropriate banking arrangements for program administration. 2.04 Contractor shall provide standard administrative materials, including enrollment forms, participant and provider claim forms and two identification cards for each participant in the Benefit Program on the Effective Date of the Plan. The cost of reprinting additional identification cards shall be the obligation of the Purchaser. 2.05 Contractor shall, upon request, assist Purchaser in incorporating the Benefit Program description and design into a plan document and booklet for Participants. The Contractor will provide one benefit booklet per participant enrolled in the Benefit Program on the Effective Date of the Plan. The cost of reprinting additional benefit booklets shall be the obligation of the Purchaser. 2.06 Contractor shall supply the initial check stock, thereafter the cost of additional checks shall be the obligation of the Purchaser. 2.07 Contractor shall provide claims processing services to include: a. Review and validation of all claims submitted for payment; b. Determination of benefits in accordance with the specification of the Benefit Program; C. Coordination of benefits with other plans, where appropriate; d. Preparation and mailing of explanation of benefit forms; and e. Preparation and mailing of claim drafts drawn on Purchaser's bank account as provided in Section Six herein. 2.08 Contractor shall eslablish liaison with Purchaser's designee, providers and Participants, as required, to obtain and follow-tip on additional service information, to verify eligibility of Participants and to assist in resolving claims problems. 2.09 Contractor shall provide periodic written reports to include: a. Monthly check reconciliation report; b. Monthly benefit experience reports; and C. Those reports specified in Item Four of the current Exhibit to this Agreement, if any. 2.10 Contractor will provide Purchaser copies of specific claim payment drafts upon request. 2.11 Contractor shall evaluate late applicants for evidence of good health on behalf of Purchaser. 2.12 Contractor shall maintain current individual benefit records on all Participants and shall maintain the confidentiality of any medical information contained in such records. 2.13 Contractor shall prepare IRS form 1099 reports on medical provider fees. 2.14 Contractor shall keep Purchaser informed with respect to non - routine "shock" claims and matters of general interest, including recurring administration problems, local situations meriting review and possible misuses of benefits. 2.15 Contractor shall refer to Purchaser any claim or class of claims Purchaser may specify for consideration and final decision, to include: a. Claims for services which do not appear to qualify for payment under the Benefit Program; b. Claims in which there is a question on the amount of payment due; C. Claims involving any matter in controversy; and d. Those claims or classes of claims specified in Item Three of the current Exhibit to this Agreement, if any. 2.16 Contractor shall assist Purchaser in the analysis and resolution of disputed claims, provided, however, that such assistance shall in no way include or be considered to include or constitute legal advice or opinions. 2.17 Underwriting services will not be provided unless specifically identified in Mein Two of the Exhibit to this Agreement, if any. Any such services provided will include required certifications by a qualified actuary. 2.18 Contractor shall also provide those services specified in Item Two of the current Exhibit to this Agreement, if any. 3 ..t SECTION TIIRRR RELATIONSHIP OF PARTIES 3.01 Contractor shall not be construed, represented or held out to be a partner, associate, joint venturer or employee of Purchaser nor shall (fie Contractor be construed, represented or held out to be all agent of the Purchaser or agent of any insurance company. Contractor shall at all times have the status of an independent contractor. 3.02 Contractor shall, upon request, assist purchaser in obtaining Slop Loss Reinsurance. If Stop Loss reinsurance is purchased, Contractor shall not be responsible for claims not timelyfiled and not included within the Stop Loss coverage. Contractor shall attempt to assist Purchaser in encouraging providers to tide claims timely but Contractor assumes no responsibility for the timely tiling of such claims, and Purchaser commits not to site I contractor regarding any claims arising out of Stop Loss reinsurance coverage so purchased. 3.03 Contractor is not a statutory fiduciary of Purchaser's Benefit Program nor is Contractor a plan administrator within the meaning of the Employee Itetirentent Income Security Act of 1974, Public Law 93 -406. 3.04 This Agreement is not a contract of insurance, and Contractor is not an insurer or underwriter of Purchaser's liability tinder the Benefit Program. Purchaser has and retains the ultimate responsibility for payment of claims and other expenses under the Benefit Program. SECTION TOUR TERM AND TERMINATION 4.01 The term of this Agreement shall be for the period of one (1) year commencing on the Effective Date specified herein and shall continue in full force and effect from year to year thereafter unless terminated as provided herein. 4.02 This Agreement may be terminated as follows: a. By either party on any anniversary of the Effective Date of this Agreement following thirty (30) days' prior written notice to the other; b. By Contractor upon Purchaser's failure to find the bank account as provided for in Paragraph 6.02 of Section Six below; C. By Purchaser for cause, upon fincen (IS) clays' prior written notice, if Contractor fails to correct any deficiency in the performance of its obligations tinder the Agreement within fifteen (15) working days after notice of such deficiency is ' given to Contractor by Purchaser in writing; or d. By both parties on a mutually agreeable date. i 4 ,l'� 64 4.03 If this Agreement is terminated by Purchaser, except as provided in Paragraph 4.02, above, Purchaser agrees to pay to Contuirfor a termination fee in an amount equal to twice the average of the monthly adni;-islration fee due for all months immediately preceding termination. Such termination fee is due and Payable within thirty (30) days after notice of termination, or immediately upon tcr►nination if no notice is given, and is in addition to any monthly administration fee, or portion thereof, or any other monies due and payable to Contractor under this Agreement. 4.04 If this Agreement is terminated for cause by Purchaser under Paragraph 4.02, above, the Purchaser shall not be liable for any termination fees or charges. Moreover, Purchaser may withhold from the current administration fees due Contractor, the costs incurred by Purchaser in attempting to gain Contractor's performance of the Agreement. SUCTION DIVE ADMINISTRATION FEES AND REIMBURSEMENT 5.01 Purchaser agrees to pay Contractor a monthly administration fee which shall be due and payable in full on or before the first (Ist) day of each month at its home office in Richardson, Texas, during the tern of this Agreement. a. In the event payment of the monthly administration fee is not paid by the twentieth (20th) day of the month, Contractor may suspend its performance under this Agreement without notice until such fees and late charges are paid. b. After (lie twentieth (20th) day of the month, a late charge may be assessed each day for late payment of all monies owed to Contractor by Purchaser under this Agreement. The late charge shall be charged as interest and equal to ten percent (10 %) of the past -due amount owed, or the maximum amount permitted by state law, whichever is less. C. After the thirty -first (31st) day the Contractor may terminate this Agreement for non - payment of fees. 5.02 The amount of the administration fee shall be determined in accordance with the specifications contained in Item One of the current Exhibit to this Agreement, if any. 5.03 The administration fcc shall be subject to change by Contractor as follows: a. On each anniversary of the Effective date of this Agreement, upon thirty (30) days' prior written notice to purchaser; b. On the implementation date of any changes in the Benefit Program which would increase Contractor's cost of administration; C. On any date that increased expenses are incurred by Contractor because of changes imposed by governmental entities -- limited to increases sufficient to recover the additional expenses; or 5 I� ,I d. On any date that Benefit Program enrollment changes by an amount equal to ten percent (10 %) or more of total enroIIinent. 5.04 Purchaser shall reimburse Contractor for flue direct cost of any special supplies or forms Err provided by Contractor for Purchaser- -such reimbursement to be j addition to the monthly administration fee. 5.05 Purchaser will reimburse Contractor for any (axes imposed or adjudged due by any lawful authority with respect to (lie Benefit Program or its administration. In the case of imposition of such tax liability, Purchaser may elect to terminate this Agreement upon thirty (30) days' prior written notice without incurring liability for termination fees or charges. SECTION SIC CLAIMS PAYMENT AND BANKING ARRANGEMENT 6.01 Purchaser shall establish a bank account on which Contractor shall write drafts for the payment of Benefit Program claims and expenses. Purchaser agrees and is obligated to arrange for sufficient fiends to be available in such account to cover all drafts validly issued against the account. Con(ractor shall notify Purchaser, simultaneous with the release of checks, the amount that is required to be deposited by Purchaser to cover the checks issued. 6.02 Contractor shall have the right to terminate this Agreement upon notice to Purchaser in the event that Purchaser fails to fund such account within three (3) banking days after notice is given by Contractor that such fiends arc required to be deposited. 6.03 Notice by Contractor, as contemplated in paragraph 6.02, above, shall be sufficient if given by telephone, fax or by United States mail, delivery services or personal delivery to Purchaser's designee or the signatory to this Agreement at the telephone number or address specified in Item Five of the current Exhibit to (his Agreement, if any. Any telephonic notice given will be confirmed in writing within twenty -four (24) hours. SECTION SEVEN NOTICES 7.01 All notices given under in this Agreement, unless otherwise provided for herein, must be in writing and shall be deemed to have been given for all purposes when personally delivered and received or when deposited in the United S(a(cs mail, firs( -class postage prepaid, certified or registered, return receipt requested and addressed to the parties as set forth in Item Five of the current Exhibit to this Agreement, if any. ss SECTION EIGIIT INDEMNIFICATION AND HOLD IIARMLESS 8.01 To the extent permitted by applicable law, Purchaser shall indemnify, hold harmless and defend Contractor, its officers, directors, employees and agents against any and all liability, obligations, risks, expenses, costs, damages, losses or judgements, (including reasonable attorneys' fees) and against any and all claims or actions based upon, arising out of, or in any way connected with the services rendered by Contractor pursuant to the terms of this Agreement -- except for willful misconduct or gross negligence in the performance of said services by Contractor, its officers, directors, employees or agents. 8.02 To the extent permitted by applicable law, Contractor, its officers, directors, employees and agents shall not be liable for any indirect, special, consequential or incidental damages in connection with or arising out of services provided hereunder, and Contractor shall not be liable to Purchaser, or anyone else claiming a right by way of any relationship with Purchaser, for any acts or omissions in the performance of services by Contractor contemplated hereunder, except when such acts or omissions are due to Contractor's willful misconduct or gross negligence. SECTION NINE GENERAL PROVISIONS 9.01 ASSIGNMENT. No pnr(of this Agreement, or any rights, duties or obligations described herein, shall be assigned or delegated without the prior express written consent of both parties. Contractor's acquisition and use of facilities, services, supplies, equipment and the use of temporary personnel on site shall not constitute an assignment under this Agreement; provided, however, that the supervision of all services provided under this Agreement will be performed by Contractor's regular employees. 9.02 GOVERNING LAW. This contract shall be governed by and shall be construed in accordance with the laws of the State of Texas. 9.03 MODTPICATION. This Agreement shall not be amended or modified in any manner except by an instrument in writing executed by the parties. 9.04 CAPTIONS. Captions appearing in this Agreement and its Exhibits, if any, are provided for convenience only and in no way define, limit, construe or describe the scope of sections or paragraphs to which they are inserted. 9.05 GENDER AND MODE. The use herein of a personal pronoun in the masculine or feminine gender or in the singular or plural mode, shall be deemed to include the opposite gender or mode unless the context clearly indicates the contrary. 9.06 r.XT T113TT. "Exhibit" means the attached document(s) setting out certain particulars of this Agreement, or any replacement document(s) mutually agreed to by the parties. VA 67 9 07 1 fCiAi, CONSTRUCT(QN_. Should any provision(s) contained in this Agreement be held to be invalid, illegal or otherwise unenforceable, the remaining provisions of the Agreement shall be construed in their entirely as if separate and apart from the invalid, illegal or unenforceable provision(s), subject to renegotiation by the parties if a material change in the terms of the Agreement were to result. 9.08 ENFORCEMENT. Any delay or inconsistency in the enforcement of any part of this Agreement shall not constitute a waiver orally rights with respect to the enforcement of this Agreement at any future date, nor shall it limit any remedies which may be sought in any action to enforce any provision of this Agreement. 9.09 FORCE MAJEURF:. Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its s commercially reasonable control, including, but not limited to, acts of God or nature, fires, floods, storms, earthquakes, riots, strikes and wars or restraints of government. 9.10 ENTIRET Y. This Agreement and any Exhibits or amendments and advertisement for bids shall constitute the entire Agreement between the parties and shall supersede any and all prior Agreements or understandings, either or or in writing, between the parties respecting the subject matter herein. 9.11 plSC I OSUgR STATEMENT. Purchascr acknowledges that a disclosure of all payments to be made to Contractor has been made to Purchaser and such disclosure statement is incorporated herein by reference. --z IN WITNESS HEREOF, the parties hereto have executed this Agreement for an Effective Date of February 1, 1995. FOR CITY OF PARIS, PURCIIASER: (Date) Title:.l-tnantt [)ireQior- FOR IIEALTHCARE BENEFITS, INC., CONTRACTOR: 1/16/95 (Date) Jackie Hamilton Vice President - HealthCare Benefits, Inc. S �� G EXIIIBIT NUMI3r,R ONE Specifications Ivor ADMINISTRATIVI; SEIZVICr.S AGIZr.EMr,N'r Between IIEALTHCARE BLi NErri'S, INC. (CONTRACTOR) and CITY Or PARIS (PUI2CIIASER) to apply beginning with the Effective Date of the Agreement between the parties Agreement is terminated or These specifications are pp Y to which this Exhibit is attached and shall continue ;�te° executed exhibit it the g this Exhibit is superseded in whole or m p. Y ITEM ONr, ADMINISTRATION FEE As provided in Paragraph 5.02 of Section Five of the Agreement, for the First ��dt75 year /1001do l rs ($10.75) enrolled in the Benc(it Program on the first (1 sOt) day of cacti month, in effect, the monthly administration fee shall be an amount equal to e muhiphed by the number of participants of which the Purchaser's appointed agent is to receive none and 001100 dollars ($0.0 ITEM TWO OTHER SERVICES As provided in Paragraph 2.18 of Section Two of the Agreement, the following additional services shall be furnished: A. Inpatient Certification Program will be administered by Blue Cross Blue Shield of Texas, Inc. acting as agent of Contractor. ITEM THREE SPECIAL CLAIMS PROCESSING h 2.154 of Section Two of the Agreement, the following special cla'n's handling As provided in Paragr a p procedures shalt be followed: None. I IT;TIVF UR A.. OTIIERR C�T�IS ion Two of the Agreement, the following additional reports shall be As provided in Paragraph 2.I0c of Sect t furnished: None. ITEM FIVE { NOTICE ADDRESS As rovided in Paragraph 7.01 of Section Seven of the Agreement, notice to Contractor shall be delivered P or mailed to: I-IealthCare Benefits, Inc. 1201 South Sherman, Suite 200 Richardson, Texas 75081 Written notice to Purchaser shall be delivered or mailed to: City of Paris 135 Sl. First Paris, Texas 75460 Fax notice to Purchaser shall be made to the following number: (903) 785 -8519 FOR CITY OF PARIS, PURCIIASER: %W �. Title: 1'pQn, Direckor (Date) FOR IIEALTIICARE IJENE FITS, INC., CONTRACTOR: LZ.C.r"wc � 1/16/95 (Date) ackie Hamilton Vice President - I- IealthCare Benefits, Inc. L 69 CONTACT PERSON Purchaser shall the term of the Agreement andow•th wI be empowered Contractor can coordinate and resolve all with regard to the terms g questions arising in the course of administration. FOR CITY Or PARIS, PURCIIASER: Title: / •'N V rc t •� t' T'r (Date) DESIGNATED PERSON EMPOWERED TO ACT ON BEHALF Or PURCHASER: (Date) Title: / •'r'� Of the information contained herein prior to any purchase and ned acknowledges receipt o lan witliout receiving, either directly or indirectly, any The unders�g urchase of policies under this Plan. approves the proposed transaction on behalf of the p personal compensation in connection with tile p FOR CITY OF PARIS, ruRCIIASrR: I (Date) 1 TOR IIF ALTIiCAIRE BFNRTITS, INC., CONTRACTOR: Lit j�J >�`---� (Date) iackin e 1-Iamilton Vice Preside ,. 1-jealtilcire residet- 1lealthCare Bcnerits, Inc. L 7 ADDENDUM TO ADMINISTRATIVE SERVICES AGRE EME, NT This Addendum to Administrative Services Agreement is made to provide a vehicle for determining and providing for hospital discounts he employees and eligible dependents of for hospital care rendered to t City of Paris (hereinafter called Purchaser). III consideration Of the mutual covenants contained in this Addendum, the Purchaser and I- IealthCare Benefits, Inc. (hereinafter called "Contractor ") have executed this Addenchmt. T. i N I rrrr TIVP DATr e effective as of Cct� y i 1995, and sl►all continue in force until terminated as This Addendum shall b provided herein crrTt N 2. DrFiNi —T 2.1 Defined terms in the Administrative Services Agreement between the Purchaser and the Contractor shall Itavc tilt Same meaning for the purposes of this Addendum, unless otherwise indicated herein, or tilt purposes of this Addendum the following terms shall have the following mea►'►"gs' s 2.2 r P ,� . a "means any institution that operates pursuant to the laws of the state in which it ► a. is► imaril and continuously provides medical care and treatment of sick and injured located, that pr Y n inpatient basis, and that has facilities for medical and surgical diagnosis and treatment persons on a a p he su ervision of a staff of doctors and that provides 24 -hour a day nursing service by or under t p under the supervision of registered graduate nurses. 1 , L T 73 S 'tat" means any I- lospital with which an Agreement has ben e executed "CQnt-- r—gi l a providing for discounts ava+lab le to the Contractor, which has an effective date on or otter January b. J which continues in effect During tl►e term of this Addendum' 1, 1992, an � Contracting 1- lospilal health care service which qualifies for the means a Cont g a lication of payment under the terns of tl+e Plan. Pp cans the amount eligible for reimbursement under the Plan °r J. "cad S�,r.,ir� in +n pro service or supply provided to Participants for which benefits are P s and any l lospital health care se licable co- payment Hospital ursuant to the Plan after application of app by a Contracting p tl +e l lospita! for such services deductibles, which amount is based on the regular rate charge) by commence "Covered Service Amount" includes only those hospital admissions wh+e � or supplies* h Addendum which are pail by Contractor while this Addendum +s of t ' after te effective date his AJJe+ in force and effect. lwecn Covered Service Amount and the amount which ,� shall mean the difference be licable e. Des + lid for those Services as determined in accordance will+ its app , the 1-tospital requires to be P• Discount Agreement. T P pursuant to the Administrative Contractor shall perform claims ad+nin+stration services P p licable Discounts ' 3 1 Tl+e C all a p Went between the parties. Subject to Section 5 hereof, h are incurred in Services Agree+ ' allOwed to the contractor shall be applied to Covered Service Amounts Which 1 'ci pant to a Contracting hospital and which occur while connection with the admission of a Part+ 1 e a Member 1lospital Agreement is in effect with this Addendum is in force and effect and whit . 2 7, 4 6 the I lospital providing the care. 3.2 The full amount of the Discount allowed to the Contractor on Contracting Hospital Covered Service Amount under the Purchaser's Plan shall be allowed to the Employer for hospital admissions commencing or beginning after (lie effective date of this Addendum and paid while this Addendum is in force and effect. 3.3 The Contractor reserves the right to make payment of Covered Service Amounts directly to the Hospital or the Participant. The Employer represents and warrants that during the term of this Addendum, the terms of its Plan will provide for such discretion in determining the direction of payment (including, but not limited to, the inclusion of a provision that a Participant may not assign rights to receive payment under the Plan) that it will provide evidence satisfactory to the Contractor of inclusion of such provisions in its Plan promptly at the request of the Contractor, and that should any change or amendment to its Plan be made which would alter, limit or terminate such discretion, the Employer will notify the Contractor forthwith. 3.4 Where a payment for Covered Services is subject to coordination of benefits between two or more payors and the Plan is not the primary payor, the Discount shall be limited to those portions of Covered Service Amounts which arc identified as the Purchaser Plan's responsibility pursuant to coordination of benefit rules contained in the Purchaser Plan or any applicnble Texas statute or regulation. No Discounts shall be available on claims for Covered Services where Medicare is the primary payor. 3 75. and ro�ide torthe puceliaser on a quarterly basis a report ( "Discount 3.5 The Contractor shall prepare p Report ") which shall include the following information: $ * * ** 1. Totat Contracting l•lospital Covered Service Amounts (Less) - * * ** Z. Total Allowed to Contracting 1-Iospitals 3. Total Amount of Discount ital specific and will be on an overall quarterly hospital savings basis. The report will not be hosp p 3.6 The Contractor shall in no case be required to provide information pursuant to this Addendum, in its Discount Report or otherwise, which is hospital- specific or which discloses or may lead to the disclosure of the specific amount of Discount available from any hospital. OR TI N 4 MN,N ATi N P TI- G NTRA T required to be paid to ,Ile under the Administrative Services 4.1 In addition to all sums q ual to $2.50 per nt the Purchaser shall pay to the Contractor an additional monthly sum eq pgrceme , employee. 4 Y V 4.2 Such additional monthly sum shall be guaranteed for 12 months and then subject to increase upon 30 days' notice. 4.3 Such payment shall be made by the Purchaser to the Contractor within 20 days of the first of each month. It is hereby acknowledged and agreed that the Contractor may, at its sole option, draw its compensation hereunder directly from (lie Purchaser's Claims Payment Account. SECTION S_ 'r�RMtNnTr N 5.1 This Addendum shall terminate on the earliest to occur of the following: (A) At the option of the Contractor, on the dale the Purchaser fails to make payment to the Contractor of the corpensation due tinder this Addendum. The Contractor shall immediately com III till icale its election of this option to the Purchaser, and such termination shall be effective immediately on the Purchaser's receipt of notification or made retroactive to the first day of the period for which compensation was due but not received by Contractor. (B) If the Purchaser breaches the warranty or fails to comply with the obligations contained in Section 3.3 of this Addendum or any other terms and conditions hereof, this Addendum shall automatically terminate, without notice, effective as of the date of the breach or failure to comply. (C) On the effective date of any state or other jurisdictions action which prohibits the activities under this Addendum of either of the parties. (D) On the effective date of termination of the Administrative Services Agreement between the parties. 5 On any other date mutually agreeable to the Purchaser and tilt Contractor. At the end of 90 days' advance notice given by either party. lied only to claims for Covered 5 .2 On termination of this Addendum, the Discount shall be app f termination. Service Amounts paid by the Contractor prior to the effective date o 5.3 1n the event the Purchaser becomes no longer entitled to the Discount pursuant to the provisions Purchaser shall rein ►burst the Contractor for the full amount of any of this Addendum, the P his p rovision shall Discount applied to any claims from the effective date of termination. t survive the termination of this Addendum. F Tl NFIDT; TIALEE orations, d es that all information concerning the Contractor's business °P and The Purchaser acknowle g Discount information it may receive is confidential. It shall keep Participants' Claims and any Di strict confidence. in the event the ['urchascr becomes subject to maintain all such information m rees to give the compulsory Process to disclose such information, it agrees to resist such disclosure and ag Contractor immediate oral and written notice of such Process' Sf TtON_RITRATION tin r to this Addendum, or breach hereof, shat) be settled by binding Any controversy arising out of or rel. 6 arbitration in Dallas, Texas, ill accordance- Will' the rules of the An►crican Arbitration Association then in may be entered in any court having jurisdiction thereof. The effect, and judgement upon the award Y provision in this section shall survive the termination of this Addendum. SECTION R. MERGER 8.1 All terms and conditions of the Administrative Services Agreement included in the Indemnification Ilold harmless Agreement are incorporated herein; however, in the case of conflicts, the terms of this Addcridum shall apply. 8.2 This Addendum comprises the entire Addendum between the parties with regard to the subject matter hereof and supersedes any and all prior discussions, negotiations, Addendums or representations, either oral or in writing, with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by affixing the signatures of duly authorized officers. IIEALTHCARE BENEFITS, INC. B Jackie I Iamilton for Contractor Title Vice - President Date 1/16/95 7 CITY OF PARIS for Purchaser Date �/&9 3— o SECTION R. MERGER 8.1 All terms and conditions of the Administrative Services Agreement included in the Indemnification Ilold harmless Agreement are incorporated herein; however, in the case of conflicts, the terms of this Addcridum shall apply. 8.2 This Addendum comprises the entire Addendum between the parties with regard to the subject matter hereof and supersedes any and all prior discussions, negotiations, Addendums or representations, either oral or in writing, with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by affixing the signatures of duly authorized officers. IIEALTHCARE BENEFITS, INC. B Jackie I Iamilton for Contractor Title Vice - President Date 1/16/95 7 CITY OF PARIS for Purchaser Date �/&9 3— THE CONTINENTAL INSU RANCE COMPANY (a stock company) Administrative Offices: 180 Maiden Line New York, NY 10038 APPLICATION FOR EXCESURSCMrNRI pOML1CY POLICY A CLAIMS REIMi3 17.1111 legal name of Insured (Employer, YOU) - VAr1TC Principal Office 135 SE lse wwiappenr in the 1'011(:Y) TEXAS 75460 PARIS - L►te 'ip 79 2. Nature of Business CITY COVERNMI:NT otherwise) , attach the legal names and addresses of such 3, ►f this Policy olicy is to cover t he Employer's liability for cmployee benefit Plans of subsidiary or nffilinted companies ( companies ; under common control through stock ownership, contract, companies and the nature of their business. A. If presently self - insured, full name of Employer's Employee Benefit Plan: q ' f CITY OF PARIS B. If presently insured, 5 L Insurer: Policy b: such On option as currently amended must be attached 10 tlleted an7d attached tolth slApplication Document has no Description of P Agreement must be complete(' been adopted, an Employer interim Adoption COVERAGES REQUESTED - - ---•� rxr�SS INSURANCE A. ►... 1) Attachment Point: $ 50,000 [X ) Individual [ ) Family 2 Limit of Liability: 100`Yo of payments mnde by Employer in excess of the Attachment Point. 3) Reimbursable Lifetime Maximum: $ 95).000-00 5) EXtension'of Coverage: 4) Coverage Form: [ ) Yes [ X ]NO [ I Incurred in 12 Months If yes, and paid within 12 Months [ ) Up to G months [ ] Incurred in 12 Months [ ) G to 12 months and paid within 15 Months [ ) incurred in 12 Months (la run -in ( ) Paid within 12 Months/ Y [ X) Other: B. AGGREGATE EXCESS INSURANCE (AVAILABLE ONLY WITH SPECIFIC) {) Monthly Factor: $ 269.40 Minimum Annual Aggregate Attachment Point will be based on the first month's actual enrollment. Page I of 2 USB IOI0EP 1/92 2) Limit of Liability: 100% of payments mnde by Employer in excess of the Annual Aggregate Attachment Point to a maximum of $2,000,000. 3) Coverage form: ] Standard [ ) Advnnced Funding Option 4) Supplementary Coverages: Yes No [ ] [ X] Dental [ ] [ X] Prescription Drug flan [ ] [ X] Weekly Income- Maximum per Policy Year: $5,200 per covered employee [ ] ( X] Other 6. $ 6,213.36 accompanies this Application as the iniIill premium deposit based on the final number of 326 Employees of which 217 have Dependent Units. `Phis deposit does not bind coverage. 7. Requested Effective Date 02 / 01 / 95 8. Requested Endorsements N/A 9. The Employer nppoints IIEALTIICARE BENEFITS, INC. to act ns its Designated Third -Party Administrator ( "TPA "). 10. The Employer agrees and understands that the TPA is its agent and attorney -in -fact, and is not the agent of the Compnny or its Underwriting Mnnnger. The Employer authorizes the TPA to act on its behalf for purposes of the covernge applied for. The Employer further agrees and understands flint the Company niny pay a commission to the TPA or n licensed insurance broker or agent for placing (his coverage. I 11. TIIE EMPLOYER HAS READ THE FOREGOING AND UNDERSTANDS AND AGREES WITH TIIE TFRMS AND CONDITIONS OF THE COVERAGE APPLIED FOR. 'I'1fE EMPLOYER Rli-PRESENTS TIIAT IT IIAS FORMED ITS EMPLOYEE BENEFIT PLAN IN C0MPLIANCE- WIT11 AND IN RELIANCE ON TIH -s APPLICABLE PROVISIONS OF THE EMPLOYEE RETIREMENT INCOME SECURI'T'Y ACT OI' 1974, AS AMENDED. TIIE EMPLOYER FURTHER REPRESENTS THAT ASSET'S OF ITS EMPLOYEE BENEFIT PLAN WILL NOT fir, USED TO PURCHASE THE COVERAGE APPLIED FOR. THE EMPLOYER AGREES THAT THE S'rA'1'IiM1iN'I'S IN TL11S APPLICATION OR IN ANY MATERIALS SUBMITTED WITH THIS APPLICATION Olt ATrAC11L•D TO IT ARI- REPRESENTA'T'IONS OF THE EMPLOYER AND SHALL BE DEEMED MATERIAL TO ACCEPTANCE OF THr RISK BY THE COMPANY AND THAT THIS POLICY IS ISSUED BY THE COMPANY IN RELIANCE ON Till TRUTH AND ACCURACY OF SUCH REPRESENTATIONS. Signed at Paris, Texas , (lie 18 (:h day of January , 19 95 (City, State) Witness Lisa Wright Employer: CITY OF PARIS (Print or'1'ype Nrme) a., a LAA-q By: . e — Signature Signal de Title: Director of Finance THIS APPLICATION DOES NOT BIND COVERAGE. Upon npproval of the npplicntion, the Policy evidencing flint the coverage is in force will be issued by (he Company through its Underwriting Manager, US Benefits, Inc. Coverage will commence on the Effective Date set forth in tite Policy. USB IOOOEP 1/92 Page 2 of 2 US BENEFITS, INC. 81 LARGE CLAIM DISCLOSURE employees or de endents with 1, ur knowledge there are the the exceptions: To the best of o current serious medical conditions Date Amount pronnosis Paid Diagnosis Individual Diaabl d 1. 2. 3. employee or dependent for ot a0ny e e specific, 2, if less) please provide the following 000 o who has had claims in excess of $1'' A,,,ina the last two years. Individual 1. 2. 3. 4. Third party Admn.. By Date Name of Company: signed By: Title : Date Date Amount aid Diagnosis _- ---- -- Status Em De Disabled P-- IICALT11CARE BENErI'CS, INC. CITY OF PARIS Please use the back of this form if additional space is required. 3/93 Resolution No. 95 -027, resolving by the City Council fhe his ity Of f Paris that W. E. Anderson, Director of Finance, e, Opportunity Officer for the City of designated as the Equal Employment s Ccuncilman Bell, seconded Paris, was presented. A motion was made by Councilman Jenkins for approval of thhe e resolution The motion carried 6 ayes, 0 nays. S2 RESOLUTION NO. 95 -027 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 1896, on the 9th day of October, 1978, adopt an Affirmative Action Plan for the purpose of promoting equal ernployment opportunities, which plan was updated on the 23rd day of March, 1979; and, WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 1930, on the 18th day of April, 1979, further update said Affirmative Action Plan by adding thereto Supplement No. 2; and, WHEREAS, I -1. C. Greene, formerly named as the l-qual l- mployment Opportunity Officer, retired from City service after many years of outstanding service and, therefore, is no longer available to serve in such capacity, and it is necessary to designate a new Equal Employment Opportunity Officer; and, WHEREAS, it would be appropriate and in the best interest of the citizens of the City of Paris that W. E. Anderson, Director of Finance of the City of Paris, who also serves as Personnel Director, be designated as the Equal Employment Opportunity Officer; NOW THEREFORE, I3E IT RESOLVED BY TIIE CITY COUNCIL OF TIIC CITY OF PARIS, that W. E. Anderson, Director of Finance, be, and he is hereby, designated as the Equal Employment Opportunity Officer for the City of Paris, Paris, Texas. PASSED AND ADOPTED this 13th day of February, 1995 ffo E . Clird, Mayor Pro-(ern ATTEST: ��. �.. � ate►. .. �� � �.� APPROVED AS O FORM: T. Iaynes, y Attorney Resolution No. 95 -028, authorizing and directing Michael E. Malone, City Manager of the City of Paris, to execute on behalf of the City of Paris Addendum Number Two to Lease Agreement dated October 1, 1990 with James M. Wrenn, Jr. extending the term of said renewal lease from March 1, 1995 to February 28, 2000, was presented. The motion carried 6 ayes, 0 nays. -- 83 RESOLUTION NO. 95 -028 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 1915, on the 8th day of January, 1979, authorize the execution of a Lease Agreement with James M. Wrenn, Jr.; and, WIIEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 90- 010, on the 12th day of February, 1990, authorize the execution of a Lease Agreement with James M. Wrenn, Jr., renewing the prior lease for a period of five (5) years, beginning March 1, 1990, and ending February 28, ?995, which renewal lease is dated October 1, 1990; and, WHEREAS, the City Council of the City of Paris is in receipt of an Exercise of Option from James M. Wrenn, Jr., attached hereto as Exhibit A, for a five (5) year extension of said renewal lease dated October 1, 1990; and, WHEREAS, James M. Wrenn, Jr. was incapacitated during the latter part of the notice period and was unable to give notice as required under the above - referenced lease; and, WIiEREAS, the City Council deems it appropriate to grant the exercise of option to James M. Wrenn, Jr. for five years, which will extend the term of said renewal lease from March 1, 1995, to February 28, 2000, and the City Manager, Michael E. Malone, should be authorized to acknowledge acceptance of said Exercise of Option by signing the same; and, WIIEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 91- 050, on the 10th day of June, 1991, authorize the execution of Addendum No. One to Lease Agreement dated October 1, 1990; and, WIIEREAS, the terms of the extended lease agreement are in need of revision, and an Addendum Number Two to Lease Agreement dated October I, 1990, in the form of Exhibit 13, attached hereto, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAItiS, that the Exercise of Option by James M. Wrenn, Jr., attached hereto as Exhibit A, be, and the same is hereby, granted for a period of five (5) years, beginning March 1, 1995, and ending February 28, 2000; and, BE IT FURTHER RESOLVED, that Michael E. Malone, City Manager of the City of Paris, be, and lie is hereby, authorized and directed to acknowledge acceptance, on behalf of the City of Paris, of said Exercise of Option, attached hereto as Exhibit A, by signing the same; and, BE IT FURTHER RESOLVED, that Addendum Number Two to Lease Agreement dated October 1, 1990, in the form of Exhibit I3, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVEll, that Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number Two to Lease Agreement dated October 1, 1990, attached hereto as Exhibit B. PASSED AND ADOPTED this l3th day of February, 19 Eric S. Clifford, Mayor Pro -tem 84 ATTEST: Mattie Cunningham, City Clerk Y VED A T ZORM: T. K. Haynes, City Attorney L-7 EXERCISE, OF OPTION STATE OF TEXAS KNOW ALL MEN BY TIIESE PRESENTS: COUNTY OF LAMAR ) MEN BY 'CIIFSE PRI +,SL'N'CS, That James M. Wrenn, Jr. did Heretofore, KNOW ALL 19,S least that portion of Cox l,icld property known in the Lease Agreement dated October 1, ar, being described more fully on Exhibit A so 1 ilease, municipal attached corporationeto 1n as the main hang Texas, , made a part thereof, from the CITY OF PARIS, Pans, es hereby execute his option for the five (5) year period James M. Wrenn, Jr. d0 2000, at the rental rate of $375.00 per beginning March 1, 1995, and ending February 28, month, plus utilities. SIGNED this 13th day of January, 1995. James Wrenn, Jr. edged this lath day of February, Acceptance of the above Exercise of Option is acknowl 1995. AT'T'EST: Nlattie Cunningham, City Clerk APPROVED AS TO DORM: T K. Haynes, City Attorney By: EXH l BIT A CITY OF PARIS Michacl L. Malone, City Manager 85 I LI ADDENDUM NUMBER TWO VWR NN, JR. DATED OCTOBER 11 1990, ICTW I I N lAVS AND THE CITY OF PARIS, PARIS, 'TEXAS STATE OF TEXAS COUNTY OF LAMAR ) reement, IC NOW ALL MEN BY 1'III;SE PRESENTS, that this Addendum to Lease Ag made this lath day of February, 1995, by and between James M. Wrc ►l��, Jr., hereinafter called City Texas, acting by and through its City Manager, Michael LESSEE, and the C y of Paris, Paris, E. Malone, duly authorized, hereinafter called LESSOR, WITNESSET11 mutually agreed by LESSEE and LESSOR that the following paragraph be It is I�ereby ► y amended to read as follows: 20. That LESSEE may provide aircraft maintenance at Cox Field throughout the term extension h E hereof. LESSE may, at his option, Provide aircraft maintenance of this leas e or any services through other licensed individuals." Executed on the 131h day of February, 1995. CITY OF PARIS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: LESSOR T. K es, City Attorney EXHIBIT L- Jam Wrenn, Jr. LESSEE STATE OF • rEXAS COUNTY OF LAMAR ) BEFORE MC, t he undersigned authority, on this day Pcr io vii to me to be Ile person instrument and acknowledged to me thlherei i staled E. MALONE, City Manager of th City of Paris, Paris, Texas, it whose name is subscribed to the foregoing ne For the purposes and consideration therein expressed and in the capacity the sa► day of February, GIVEN UNDER MY IIAND AND SEAL OF OFFICE, this _____. y 1995. Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR appeared JAMES M. on this day personally pl BEFORE ME, the undersigned authority, WRENN, JR., known to me to be the person whose name is sub scr ►oses andticonside alion instrument and acknowledged to me that he executed the sane for tile purp therein expressed. da of February, GIVEN UNDER MY IIAND AND SEAL OIL O1�I�ICE, this _____ y 1995. Notary Public, Stale of Texas the City Manager, authorizing and directing of Paris, the Resolution No. 95'029' reement with Larry Michael E. Malone to execute ear on behalf LeaseheAgree City Block fourteen month, with one year of Lots 6 and 7, y property located on P was presented. A motion was Richardson f Number N. Main Street, approval of 251A, being Councilman Bell for made by Councilman The gmotion scarried 6 ayes, 0 nays. the resolution. 87 RESOLUTION 95 -029 WIIERCAS, the City Council of the City of Paris did heretofore, in Resolution No. 95- 013, on the 9th day of January, 1995, authorize and direct 'I'. K. I laynes, City Attorney of the City of Paris, to negotiate for the lease of property located on part of Lots 6 and 7, City Block 251A, being number 1231 N. Main Street, Paris, Texas; and, WHEREAS, the City Council of the City of Paris has received a request from Larry Richardson to lease said property for the purpose of opening a used -car lot; and, WIIERCAS, it is deemed to be in the best interest of the City of Paris that such lease be granted, and that the City Manager, Michael E. Malone, be authorized to execute the Lease Agreement attached hereto as Exhibit A; NOW, TIIEREFORE, BE I "t RESOLVED BY TIIE CITY COUNCIL OFT HE CITY OF PARIS, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of [lie City of Paris, the fourteen (14) month, with one (1) year option, Lease Agreement with Larry Richardson for property located on part of Lots 6 and 7, City Block 251 A, being number 1231 N. Main Street, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 13th day of February, I ATTEST: Mattie Cunningham, City Clerk APPROVED A FORM: Ly T. K. Haynes, Attorney Eric ifford, Mayor Pro -tern 89 LEASE AGItELMEN'I' " "'"" """"'"«•- COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESEN'T'S: STATE OF TEXAS LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and LARRY RICHARDSON, Rt. 4, Box 94, Paris, Lamar County, Texas 75462, hereinafter referred to as LESSEE, WITNESSETII For and in consideration of the payment of the sum of THREE THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($3,500.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before February 1, 1995, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LARRY RICHARDSON that certain property located on part of Lots 6 and 7, City i3lock 251A, being number 1231 N. Main Street, Paris, Texas, more fully described on Exhibit A, attached hereto and made a part hereof. I. TERM The term of this lease is for fourteen (14) months, beginning on the 1st day of February, 1995, and ending on the 1st day of April, 1996, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall occupy the same and use the same as a used -car lot, and for no other purpose. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of one (1) year, the rental for the renewal to be based on the fair market value at the time of renewal, being April 1, 1996. 2. RENT That LESSEE pay to LESSOR, or order, at the City Ilall in the City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 3. HOLD IIARMLESS That 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 Lome Acreemenl ... Page I EXHIBIT A and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from LESSEE's, his invitees', ageWs', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, set v. -:►►s, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries. 4. INSURANCE REQUIREMEN'T'S 'That 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 $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, 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, 150 ist Street S.E., Paris, Texas 75460, 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 and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective (late of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. Lew Agreemen► ... Page 2 91 �an character whatsoever for damage or injuries to persons and /or property occurring on'the leased premises resulting from LESSEE 's, his invitees', agents', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries. 4 INSURANCE REQUIREMENTS 'That 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 $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with ' LESSOR as an additional insured, 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, 150 1st Street S.E., Paris, Texas 75460, 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 and specifically noting thereon that LESSOR is an additional insured. All such policies sliall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective (late of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. Lease Agreemenl ... Page 2 LEASE AGREEMENT COUN'T'Y OF LAMAR } } KNOW ALL MEN BY THESE, PRESEN'T'S: STATE OF TEXAS } LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and LARRY RICHARDSON, Rt. 4, Box 94, Paris, Lamar County, Texas 75462, hereinafter referred to as LESSEE, WITNESSETII For and in consideration of the payment of the sum of THREE THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($3,500.00), payable to (lie CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before February 1, 1995, with a like payment on or before the ist day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LARRY RICHARDSON that certain property located on part of Lots 6 and 7, City Block 251A, being number 1231 N. Main Street, Paris, Texas, more fully described on Exhibit A, attached hereto and made a part hereof. 1. TERM The term of this lease is for fourteen (14) months, beginning on the 1st day of February, 1995, and ending on the Ist day of April, 1996, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall occupy the same and use the same as a used -car lot, and for no other purpose. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of one (1) year, the rental for the renewal to be based on the fair market value at the time of renewal, being April 1, 1996. 2. RENT That LESSEE pay to LESSOR, or order, at the City I Tali in the City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 3. IIOLD IIARMLESS That 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 I.eax Acrennenl ... Page 1 EXHIBIT A .. STATE OF TEXAS } COUNTY OF LAMAR } BEFOIZE ME, the undersigned authority, on this day personally appeared MICHAEL C. MALONE, City Manager of the City of Paris, sown 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 the day of February, 1995. Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared LAIZRY RICI-IARDSON, 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 hiAND AND SEAL OF OFFICE, this the day of February, 1995. Notary Public, State of Texas Resolution No. 95 -030, resolving by the City Council of the City of Paris, that the regular Thursday meeting scheduled for March 9, 1995, and the regular Monday meeting scheduled for March 13, 1995, be, and the same are hereby rescheduled for Monday, March 20, 1995 at 6:00 P.M., was presented. A motion was made by Councilman Brown, seconded by Councilnan Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 93 94 RESOLUTION NO. 95 -030 WHEREAS, the City Council and the City Manager will be attending the National League of Cities Annual Conference in Washington, D.C. to be held on March 11-14, 1995; and, WHEREAS, it would be appropriate for (lie Regular 'Thursday Council Meeting which would be normally scheduled for the 9th day of March, 1995, and the Regular Monday Council Meeting which would be normally scheduled for the second Monday in March, being March 13, 1995, to be consolidated and scheduled for Monday, March 20, 1995; NOW, THEREFORE, BI: iT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the regular Thursday meeting scheduled for March 9, 1995 and the regular Monday meeting scheduled for March 13, 1995, be, and the same are hereby rescheduled for Monday, March 20, 1995, at 6:00 P.M.; and, BL IT FURTHER RESOLVED, that a copy of this Resolution be placed on the City Hall Bulletin Board giving notice of the rescheduling of the regular Thursday and Monday March Council meetings, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 13th day of February, 1995. Eric S. Clifford, Mayor Pro Ten, ATTEST: Mattie Cunningham, City C rk "anes, ORM: T. orney Resolution No. 95 -031 , appointing the Paris, Michael E. Malone to serve on Committee, was presented. A motion wa s seconded by Councilman Bell for approval carried 6 ayes, 0 nays. City Manager of the City of the Chaparral Trail Steering made by Councilman Jenkins, of the resolution. The motion 95 RESOLUTIQ]rV,MI-PQ6 X031 WHEREAS, the City Council of the City of Paris, did heretofore in Resolution No. 95 -012, on January 9, 1995, request that the Texas Parks and Wildlife Department file with the Interstate Commerce Commission for railbanking of the Paris to Farmcrsville RAIL CORRIDOR, and further requested that the Texas Parks and Wildlife Department and the Texas Department of Transportation, acting on behalf of the cities and counties along the corridor, explore appropriate options to acquire, develop, and manage the corridor for interim trail use; and, WIIEREAS, the Texas Parks and Wildlife Department has requested that the City of Paris appoint a representative to serve on the CHAPARRAL 'TRAIL STEERING COMMITTEE; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City Manager, Michael E. Malone, be appointed to serve on said steering committee; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIII; CiTY OF PARIS, that the appointment of the City Manager of the City of Paris, Michael E. Malone to serve on the CHAPARRAL TRAIL STEERING COMMITTEE, be, and the same is hereby approved by the City Council of the City of Paris. PASSED AND ADOPTED this the l3th day of Pebruary, 1995. Eric S. Clifford, Mayor Pro Tern FITTEST: Mattie Cunningham, City lerk APPROVED AS TO _)FORM: . K. I-Wries, CjWAttorney Resolution No. 95 -032, ratifying an application made to the Office of the Governor of the State of Texas, Criminal Justice Division for a grant to provide funding of a full time police officer as coordinator for the Police Athletic League in the amount of $11,053.65 with the City of Paris providing $25,791.89 in kind services and funds, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 95 -032 WIIER.EAS, the Office of the Governor of the Slate of Texas, through its Criminal Justice Division, is offering grant assistance in the amount of $11,053.65 for the purpose of funding a full time police officer as a coordinator for the Police Athletic League; and, WhiEREAS, the Police Athletic League is a juvenile crime prevention program aimed at reducing juvenile crime, illegal drug use and criminal gang activity; and, WIIEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance for said project; and, WHEREAS the City Council of the City of Paris is dc,�irous of processing a grant application for the Police Athletic League in the amount of $11,053.65 for a total cost of $36,845.54, with $11,053.65 to be provided by grant and $25,791.89 to be provided by the City of Paris in the form of local matching funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY TIV, CITY COUNCIL OF ThIE CITY OF PARIS: 1. That an application be made to the Office of the Governor of the Slate of Texas, Criminal Justice Division for a grant to provide funding of a full time police officer as coordinator for the Police Athletic League in the amount of $11,053.65 with the City of Paris providing $25,791.89 in kind services and funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and the execution of the application for said grant in the form attached hereto as Exhibit A on the 10th day of February, 1995, is hereby ratified. 3. That James Barnett, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of funding a full lime police officer as a coordinator for the Police Athletic League. PASSED AND ADOPTED this 13th day of February, 1995. Eric S. Clifford, Mayor Pro Tem .ATTEST: Matlic Cunningham, City lerk APPROVE TO FORM: r. K. laynes ity Attorney k'7'sr - -�M APPLICJCTION FOR STATE OR FEDERAL AssisTA1;CE OFFICE OF THE GOVERNOR, CRIMINAL .JUSTICE DMsION 1. Fot CJD Uss Ony - 3. a Dalt. $ubfnCled. b, Ap;lie.ant )denUfiar 2. FaderWUSta)v propnvn C**zMDw(bn; (Fcc CJD Usa Ong.,. 4. a. Dale Rocbivod by SIoWC,OG b. Sims Application Identifier 5, t,ppll-anl Information t. Ll-pal Name' c. Orpnn1.aG >nel Unn City of Paris Paris Police Department ^)dress (give strtel of P. O. Box, d'y 31010• and Jp code) _- d. Karns, telephone, and lex numboi of the person to be con:eetod [ >n eTin; this appliealion (give area x60). �.0. Box' 9037. - Paris,Teicas 75461 -9037 - Karl Louis, Chief of Police 903/784 -6688 S. Sim Pry"-_ Idwj,. e!i::. Nun!w 7, i ); t o; �Cp ?li-aM (ent►f r7+ app a�a .:e /e ler i.� Sc� - _ - -- - .C. Site t:, hdrponEw'.', Sohoo+f»�.-: _• I. Smote Co-nrvi;•G snscraA;or. d H.p'nsr La rnlnp 2. C L. ,'' -•.L --' a. �7t 0. A,nrlls:icn: ZY co'trwas:'.1 _, ir.r•c't:r - I :.:n- ..r,....a1 N.' 3n�Vt N:. ,nb"ofn Co•7:- e..'r_4i I a X11 )rear o! lundtna O:t,::* Of tt.e G,gvt-r.>!, C:i-ni•tal J;fs;rx Dl.'vr ' F. C. box ',242E - I' =•, ^�li a i� .'.�.: r�cTal . -a: r s�. 7.. • tract C rt:J :umber . (0.0or) cGa alb o) Frer:l i>-ts r_ .1, Gw-Q.-bph't: Areas of Pro•�tt.1 Aw�i s (C6t3 and CovISrs) 16,S�J-- Juve:1iie jvo=,t d Delinquo:r_y rreya- inn .A:4 J 16.575— Vi=fi•ns of Crime Ad City of Paris ] 16.57-0—Texts Na:cdJ_s Ca:^ol Program Lamar County D 16,59'3 —)high In)enaly Drop T:atrr=pn; Prig am Paris ,Texas 75460 r Fa sar. De.t: I b. E�din; Drt: { POLICE ATHLETIC LEAGUE 1� i 1! A ?pb:aGan fa, Solt Fun:w - ---- .:.........__�.. 2 � .beak npptopriale lu.•wi: (only one) ; b. If <.1 Fund, chrrk pri >rt:y: (only one] C. Chock one.. ' D 421 Fund 7 C.J, plannl p 0 Law Enla-xrr.wn/ i minis; i Jv�r.itt O Creme Sloppe:s E sis`anat Fund f O Nor>♦ nronllt � \ *le-,l Clime X] Drs, ?t �`] Ga!v�s D V�cS -,s i 01hrt Fund !S. Requested Funding: 16, It � appli�ution subjoc', to rrvitw by "t mecLej rt o:6oc 1Zoi2 proc —7 1"c S. th:s a >>':ca!;on .."at orrn•io!•d t. ttie Tc>xa .pr.int• e:� Ca- :ne'>: S)•rta^ a. F"e:-al Gard =ands (CJD) $ •00 I 11, 053.65 j n>;CSj fo: review on j b. S:e:a Gran1M ( $ .00 (s al a) ` Funds (CJD) I D r! -;p-x . is w7 ooea!l•e ti) _. O. IZ: 2 St!`.1.'.elLh 1 v3 ' . .............._...............- 25,791-89 - -- _-_- _— M_.._ 3 P:nfTT. hot " be,—,n. ae,lodrd try s'att for rnrw ' .7. is � Ltit applicarf. G- in:ubrt, 0- an)' It -Xi 06Z .7 , H - ES I. "1'r-s' e..sch n;•, cr,�tana: ion J fJ0 • . ....................... __...... ............_....-___.........-_ __............._....._.._ -..... _ r - 36,845. 36,845.54 :he Set: of my kno+A";Pt and belief. all day in ::is aD:Ai- :ation n Irut eni =nr- -. i ne ox:r:nw t hat :xen duy eu'�a _bd by Te p >veminp >s:Yy of the appli:anl and tht ap?liaant wili empty, with the a az--Nba btsuran:&% I; tht arsirynce is awbrotd. r -y;to Name of Author,:eo Offmial i -rot c, -wit , r.ons /+umber Michael E. Malone j City Manager 1 903/785 -7511 , ?:+start o) Au;hort -�-'� O!f,_ial ' t. Cra Sy�t4 97 ........ _. _.... - • •.f..•.Y,- MKMMNMMw^r.w^.I"L.' PROJECT SUMMARY - 'his section must include a brief description (not exceeding one page) of the proposed project. .ou must use at least a 10 or 12 pitch or point type. This request for grant funding is being made on behalf of the City of Paris and its Police Department to fund a full -time police officer as a Coordinator for the Paris — Polic-e Athletic LeaguL-- (P.A.L.) - The Police Athletic League is a juvenile crime prevention program aimed at reducing juvenile crime, illegal drug use and criminal tang Ictix-ity. The Police Athletic League does this by offering recreational and athletic programs to children and youth between the ages of eight (8) and eighteen (18). Currently P.A.L. has serviced over 360 youths in the program. The current full time P.A.L. Coordinator has been able to organize the current programs and expand activities to include more children in more programs so that we could greatly increase the number of youth in our cite in our program. The Coordinator has also set up a Juvenile Offenders Program so that the youth already in trouble can have an opportunity to be probated on condition of mandatory atten- dance at the P.A.L. J This is a great project, but we desperately need to maintain the Coordinator. Thanks for your thoughtful consideration. 99 WD-3 ' U•� APPHOVAL INFORMATION PROJECT this require'stola, local, overning Body Does assistance request Priority Rating regional, or other priority rating? �� U Yes No I e m-L require sidle, or local Name of Agency or Soard Does this assistance request (Attach Document =tion) sort', educational, or health clearance? - ❑ Yes ❑ No Does is assistance request require T RACS review? (A "ach Comments) o Yes t] No ES �gin -oJ'i I hs EE -S.- l'= _c_.icr,al, or .;h =r p'.anning a-P; Oval ? ;- 0. Yes o ,. --; cDvared by an app;OVe -d is the proposed project Check O,�e: 'J S!:: O Local comprehensive plan? ❑ P,,Ecio,nal ❑ Yes ❑ No Location of Plan — — \'J°ill .he assistanca requested serve a ,left-al Nan. 9 of Federal Irs`z.Ila5on Feeeral population 2�--neriingirom rroject installation? a Yes ❑ No tm-Z► be on f e3eral land or Name of Federal Insta)lation Locatlon Will the assistance -' required of r sderal Land installation? Pa; ten( of Projec:I ❑ Yes o No See insbvctions for additional information is 59 V1,91l the assista ^ce regc''9sied have an impact or provided. effect on the environment? ❑ Yes XI No \'Jill the assistant -e requested cause the displace !arms? ,. I;,di�•idua!s 1 um5er o.. mant of individuals, families, businesses or J Yes No E;usinesses 's there other related assistants on this project cop instructions for ?oditior.al information .o he previous, pending, or anticipated? provided. :9 Yes ❑ No See i- structicr.s fo, addiacr,al info, lion io b9 Is uhe project in a desionated flood hazard arsa? P o`''iled 'J Yes ❑ No ..u.._... w• .Ine N..- 4�I .IN.•.y.yA.y,...�y.p..yY� /•.� Section A— Budget Summary L 1 i owl muc; agree with Line .0. Column 2 e5ove. faBudget Amount l+ Source (2) (3) (a) City of Paris Categories I ! d CJD Funds Cash Match In -Kind Match Total u I IF VMA, 6 ilol V It. S S S S A. Personnel (Salaries) _._. 11,053.6. 16,954.90 28,008.50 2. A. Personnel (Fringe Benefits) _ - - - 8,836.99 8,836.99 13. g. Contractual ' <. C. Travel I 5.1 ! D. Equipment i I ' 6.1 E. . i Reserved for Future Use 7. Supplies & Direct I I I Operating Expenses I e. Total Direct Charges I I (sufr. of t -7 s.l G. Indirect Costs I `110.) Totals S S S I S (Surt.Df.14) 11,053.65 25 79189 t . 36,845.49 ���•� Program Income S Section B--Cash Match' I, Section C— Program Income 1 Entar sapualely each :oume of matching funds and the arnounts- �i 'otal nue; bp: Es w„h Une I. Column l above. i owl muc; agree with Line .0. Column 2 e5ove. Source Amount l+ Source I Amount City of Paris $25,791.84 I I 1 Applicant must c sciese t.hc source of c%sh match if any. ;ssucd )0 /._ _ -R"-NNEL CL A Salaries Title or Position' =) P.A.L. Coordinator -0-1 A.L. Direct Salaries - ,-,oe Benefits 10 Office of the Governor Criminal Justice SCHEDULE A % of Time' CJD Funds" Cash 1. atch TOTAL' I 100 IS 11,053.65 (S 16,954.00 IS 28,007.65 I I I I ! I I I (S 11,053.65 IS 16,954.85 IS 28,008.50 :n:lude only one D00001 per lire. Attach a description of the dutles or re sponsibilities of each pesi ±ion. =�- ;.ress as a percent of lcial ti—e, ,)D.;rs per weer) retie- empl:�yee's cross sa'.ary a-,,:ib'J� able to !he orojec, !f for co 1i1.'�!�2i�Orl+;r1 ^Irl4. I 'Sil`V a'y sa!ary inc-ease that is more than five percent over -,e previous year. C_TD-a Issued iG.'9d lIA o r S Rate 2,142.65 � 2,142.65 =l A & Medicare 1 7.6571 $ 0 s 2,065.00 I $ 2,065.00 retirement 8.25 7I 0 I 2,310.70 1 2,310.70 - surance (Life & Health) I eP rim 0 3,000.00 3,000.00 o %sera' Compensation I e I _-',employment Insurance I C I I I I --per (Explain) '�q, V4 p e Workers Comp. iloo Op 0 I x_.183.64 I.IP1,6_4 1 I I I -OT AL Fringe 6enefrf I S S 5,836.99 I S 8,836.99 -C .AL PF-RS01414EL BUDGET ( I S 11,053.65 I $ 25, 791.84 1! $ 36, 845.49 :n:lude only one D00001 per lire. Attach a description of the dutles or re sponsibilities of each pesi ±ion. =�- ;.ress as a percent of lcial ti—e, ,)D.;rs per weer) retie- empl:�yee's cross sa'.ary a-,,:ib'J� able to !he orojec, !f for co 1i1.'�!�2i�Orl+;r1 ^Irl4. I 'Sil`V a'y sa!ary inc-ease that is more than five percent over -,e previous year. C_TD-a Issued iG.'9d 102 Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES 'A) •�j 1.(:1 :;-UN I KAU I UAL SERVICER . I I REQUIRED BUDGET NARRATIVE: Briefly describe and justify any a; „icipa ;ed contractual arrangement and work products expected. Describe basis for arriving at the cast of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. i G►D-S !sPjtd 10.'94 i 1 l x. A 0 3 I' � li U Y i:1 1 1 t11 Criminal Ju:stic ivision 3 A,* f - SCHEDULE TRAVELITRAINING 1. Local Travel 1. In -Stale Travel (Specify clearly and use continuation pages if necessary) Purpose Destination (2) (3) Title or Posltiori' Mlles Traveled Annually /$Rate CJD Funds Cash Match TOTAL $ (B) I - I OUT -OF -STATE TOTAL 114-STATE TRAVEL TOTAL 5 (D) S I I I !(E) I I I I I(F) 1 I I ( I i(G) ( -H) LOCAL TRAVEL T RAVEL TOTAL I $ I S I $ I 1. In -Stale Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash 14atch I TOTAL I I I is S IS $ I OUT -OF -STATE TOTAL 114-STATE TRAVEL TOTAL 5 S S 3. Out -of -State Travel (Specify clearly and use continlu2tion rages if necessary) Purpose Destination CJD Funds Cash Match TOTAL I I is IS IS I I OUT -OF -STATE TOTAL TOTAL TRAVEL BUDGET S S S 1 :OTE: When personally owned vehicles are used for travel, ;:ansponation costs are shown on Schedule C. 'hen age ^cy l or leased vehicles are used, the vehicle operation!maintenance ccsis shouid be shown on Schedule i=, "Supplies and - Direct Operating Expenses." ;uItion for ;raining courses shouid be listed as supplies in Schedule F. CJD-6 )sued )0194 104 . Office of the Governor Criminal Justice Division SCHEDULE C (Continued) REQUIRED BUDGET NARRATIVE: Briefly describe the applicant's travel policy 0.v. mileage rates and i per diem rates). Specify purposes for each item of travel. Break out costs of each in -slate and each out - o• state trip to separately show the specific costs .of transporiation and of per diem. - —.-� N/A OW . Ms ,j ) 0.'°; Office of the Governor Criminal Justice Divlisian _ SCHEDULE D ---IENT PURCHASES TOTAL EQUIPMENT PURCHASES 105 r.....�.. •^•N N4r.�.rvw ✓r• Zj --RED BUDGET NARRATIVE: Describe the basis for arriving at the ccst of Bach line item. Provide L3tion and explan2l.ion of use. Use additional pages 2s needed. SCHEDULE E Reserved for Future Use 013-8 Issued 1019. ioG .._.. ....•w1w.M�iF�MYrMl14MLw+M'... •... t...._..- .._- .- ................ .. .-- ---------- ...... Office of the Governor Criminal Justice Division SUPPLIES AND DIRECT OPERATING EXPENSES .REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- on for requesting each item. Use additional pages as needed. O IscuM 10.194 i J (2) (3) - Directly Charged Supplies and I Other Operating Exp©nses CJD Funds Cash Match TOTAL N/A f S .fir) I (C) I `(H) �j) I (K) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES S S S .REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- on for requesting each item. Use additional pages as needed. O IscuM 10.194 i J ♦nwJliYy fir'. .. r �•• Office of the Gov ice �t Criminal Just Division SCHEDULE G v ACT COST _ ZEQUIRED NARRATIVE: If Method (A) is used, specify the ralle and attach a copy of the document by which the current cccst ciioa2tion jean w2s approved. Indirect Costs are authorized In an amount not to ezee -d the comWu It)on :able ioc -atbd in Section 3 of. the Grant Application and Administration Guidellnes, or z% authorized by the applicant's approved cost alloc-at)on plan. CJD-) 0 lssucd 10:44 (3) - Indirect Costs I CJD Funds Cash Match TOTAL. 4) Indirect Costs Per Approved Cast ,�1location Plan $ t� /A B) Indirect Costs Per CJD Computation Table I S I S 1 $ ZEQUIRED NARRATIVE: If Method (A) is used, specify the ralle and attach a copy of the document by which the current cccst ciioa2tion jean w2s approved. Indirect Costs are authorized In an amount not to ezee -d the comWu It)on :able ioc -atbd in Section 3 of. the Grant Application and Administration Guidellnes, or z% authorized by the applicant's approved cost alloc-at)on plan. CJD-) 0 lssucd 10:44 Program Narrative Narrative is limited to one page per section. Text must be 10 or 12 pitch or point type, roblem Statement Since 1991, the City of Paris has had a recurring problem with youth including violence and drug involvement.- The City has addressed the problem by increased patrolling, but 'a prevention effort was needed because the City had very little to occupy young people, especially those in the 14 -18 year old age group that is most susceptible to gang involvement. A Police Athletic League (P.A.L.) _ program was begun in a rented building and quickly grew to s.erve an estimated 260 regular youth.participants: - - To accomodate the growing program, the Paris hews donated a building in downtown Paris that has a great deal of space, covering approximately half a square block of two - story building and an adjoining parking lot. Many of the rooms in the building are large but need a great amount of renovation. Much of the renovation is being addressed by community donations. %.'hat is most needed is to maintain the full -time Coordinator to survive existing activities such as karate, weight lifting and boring programs that are taught by the police officer and community volunteers. The Coordinator also schedules additional activities, including a First Offenders Program of supervised activities for juveniles which were referred by the Lamar County Juvenile Probation Department. In addition, the Coordinator over sees maintenance and renovation of the building and meets with community volunteers and civil groups to encourage greater community support of this program. C l)-)I )5N--d 10/94 i . "A�. l.• Continue to organize and enhance exisn ng`youfi� activities to more effectively' work with the existing P.A.L. membership. In addition to Karate, Bowling and Weight Lifting, Basketball Leagues and Aerobic classes would be started in the future. 12. Expand the existing program by an additional 100 members during the grant year. 3.._ Improve the Offender Program by offering more counselors and tutoring for the members that are not doing so well in school.- -. 4. Raise community involvement and support to fund new activities. a CJD-12 )ssucd )0!94 110 3. Evaluation Design .................._ . ... ..... _......._._... ..�ry..:�.�,,�.,.,,... The programs success will be measured by determining whether or not there has been a reduction in involvement in gang activity in Paris. Other measures will include increased school attendance. by juveniles participating in the program and improved relationships between y�oung people and law enforcement officers, and improved activities on the part of young people participatfnng in the program by interviewing parents. Future plans are to include more cooperation of local church and civic groups to broaden our support such as.Y.W.C.A., Boys Club and other organizations are included. CJD- U 1 ssud 10"944 DESIGNATION OF GRANT OFFICIALS CJD rules require that three persons be designated to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of. administering a grant.. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill :wo positions. In accordance with the criteria and definition of responsibilities set forth in the Grant Application and Administratlon Guldellnes goveniing submission of this application, the following :- mlgnatlons are made: APPLICANT: - - City -of Paris Police Department PROJECT TITLE: POLICE ATHLETIC LEAGUE -�; ! �, ;, a lAs. James Barnett Asst. Chief of Police, Paris Police Dept. `ile and,:gency 811 Bonham St. Organization's Address (Street or P. O. Box) Paris, 75460 Cray Zip 903/784 -6688 '— 'Telephone Number 903/784 -7210 Fax Number ,"',..1' Vr. O l: S. Gene Anderson Financial 011il ::er (Ti y a or Pnnl) City Finance Director Title anJ Agency P.O. Box 9037 Orpanization's Address (SireeI or P. O. Box) Paris 75461 -9037 City Zip 903/785 -7511 Telephone )dumber 903/785 -8519 Fax Number C7+ Mr. O )As. Michael E. Malone Authorized Official (Type or Print) Cite Manaeer Title and Agency P.O. Box 9037 Organization's Address (Street or P. O. Box) _. Paris 75461 -9037 -- - City Zip 903/785 -7511 Telephone Number Fax Number L CJD-)6 Issued )0/94 112 r .. .. .. .... ......... City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Ordinance No. 93 -002 changing the name of grantee and the name of the operating company on the taxicab franchise. A motion was made by Councilman Jenkins, seconded by Councilman Brown authorizing the preparation of an ordinance amending Ordinance No. 93 -002 changing the name of grantee and the name of the operating company on the taxicab franchise of Hershel Biglow from Pride of Paris Taxicab to City Cab of Paris. The motion carried 6 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 93 -002 PASSED AND ADOPTED ON THE 7TH DAY OF JANUARY 1993, BE AMENDED BY REVISING THE PREAMBLE, AND SECTION 1 OF SAID ORDINANCE; PROVIDING THAT THE REFERENCE THEREIN TO BE CHANGED FROM MCKI14LEY JOHNSON, DBA PRIDE OF PARIS TAXICAB TO HERSHEL BIGLOW, DBA CITY CAB OF PARIS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 13, 1995 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for adoption of the ordinance on first reading. The motion carried 6 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Dorothy Allen, Lot 8, Block 203 of the Scott & Braden Addition, from SF -2 District to Commercial District. Mayor Shelton referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting March 6, 1995, and before the City Council March 20, 1995. City Manager Malone announced that the next item on the agenda was consideration of and action on the settlement offer made by the Paris News regarding the Open Meeting law suit. City Attorney Haynes informed the Council that present tonight is the Attorney that we have sought to furnish the City Council in this matter, Mr. Ron Clark, he will be discussing the matter with the Council. City Attorney advised that this is a matter that if it was not for the fact that the Council has passed a resolution giving its r word that all matter will be conducted in that would normally be betweeRO�.t 1 session to discuss the matter of settlement. public, but this is a matter and it's attorneys in closed Ron Clark, Attorney, was present telling the Council that this is a suite that has been going on for some time it was a super declaratory judgement in an effort to declare action of the City Council in holding sessions with their attorney as illegal, not so a action to have City Charter interpreted to forbid meeting with your City Attorney in private, and as you know, the City Council passed a resolution attempting to work this out with the newspaper that you would hold off on having sessions with your Attorney while an attempt was made to work it out. A hearing was held before Judge Thompson, he issued a letter advising that both sides what his inclination was to rule, he indicated that he did not feel that the City Charter prevented you frog holding meetings with your City Attorney, that is a basic right, it is granted to everyone, that is granted to everyone in this country to meet with their attorney, as Judge Thompson put it, even the hard criminals have the right to meet with their attorney, and clearly any business and City Council would have a change to meet with it's attorney just as a matter of due process. Mr. Clark said he also instructed both parties to attempt to meet, we did that, Ms. McDonald, Mr. Haynes, and myself met with representatives of the paper, and their attitude toward settlement was, you should just give up, and for the privilege pay them $35,000.00 and some odd dollars in attorney fees. Mr. Clark said that is one way of handling the matter, but not one that he could recommend. Mr. Clark said he believes that the courts are going find that your City Charter permits meetings with the City Attorney, there has been no published decision in the State of Texas where that has come down; however, when he was the Assistant City Attorney of Abilene we had a similar case go up, they had a City Charter like that, the District Judge went to great pains to point out that while other kinds L of meetings could not be held in private, meetings with Attorney was not cover by the City Charter, and the language was almost the same as their's, and he happened to know that when the case went before the Supreme Court the other side tried to raise this issue, which really had not been presented before, and the Chief Justice said well of course that is beyond question, they can meet with their attorney, lets move on to what the issue in this case was, so it was almost taken for granted that a City Council can meet with their attorney. That is the basis of their case, and he did not see where they are going to get relief on that, they have threatened to go ahead and take this up on a appeal should Judge Thompson follow through in the tenner of his letter, and the Council is then left with of what to do at this point, whether to accept this offer they have made, which basically is there would be a resolution that the City would hold no further, or will not continue not to hold meeting with it's attorney in private, or unless there has been a Charter amendment that the Paris News will dismiss with prejudice it case against the City, and the City would pay to the Paris News $35,000.00 in attorney fees which they supposably incurred to date in this case. Mayor Pro Tem Clifford asked what the City of Paris had incurred in attorney fees as of today. L 114 v. Mr. Clark advised that it was approximately $4,500.00. Mr. Clark further advised that lie has made an offer, a proposed judgement to the Paris hews, and they have not accepted it, and they have not indicated that they were at all flexible. Mr. Clark said the City was left with the choice of either accept their drop -dead offer as it is and pay their attorney fees, or decline, and we submit it to the court for a decision. His recommendation was to submit it to the court for a decision based on this because we did not see any willingness on their part to try to work this thing out on any type of basis, and the one thing he pointed out was that he was the attorney that would continue getting paid by the City. After further discussion, a motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to follow the recommendation of the City's Attorney. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on the following projects to be funded by the Certificates of Obligation, Series 1993: A. Police Department Telephone System. B. Emergency Generator for Paris Police Department. City Manager passed out information regarding the Telephone System telling the Council that we presently have a Spirit telephone system which is insufficient to meet the demands of the department and it is also difficult to operate, that there are a number of none - police and non - emergency calls being routed through the Emergency Communications Division which could be eliminated with the new system. City Manager Malone said the Merline Legend Telephone System is available for purchase through State bid, the Texas Government Services Contract, which would be approximately 33% discount, and the equipment needed would be a net priced at $32,459. City Manager Malone said there is financing available if we wished to go that route, but that would entail an additional $10,000.00. After discussion, a motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing funding of a Telephone System for the Paris Police Department in the amount of $32,459.00 to be funded by the Certificates of Obligation, Series 1993. The motion carried 6 ayes, 0 nays. City Manager Malone advised the Council that the Emergency Generator and Transfer Switch would be diesel powered located outside the building, and this would be installed at a cost of $16,125.00. City Manager Malone said that we could expect a generator in this capacity would be able to power probably the entire building and certainly all the emergency equipment and portions of the heat and air in the event that we have a power outage. City Manager Malone said this would be replacing a 1950 model generator which is inside the building, powered with gasoline. J 115 Mr. Clark advised that it wa ly $4,500.00. Mr. Clark further advised that he has made an offer, a proposed judgement to the Paris News, and they have not accepted it, and they have not indicated that they were at all flexible. Mr. Clark said the City was left with the choice of either accept their drop -dead offer as _ it is and pay their attorney fees, or decline, and we submit it to the court for a decision. His recommendation was to submit it to the court for a decision based on this because we did not see any willingness on their part to try to work this thing out on any type of basis, and the one thing he pointed out was that he was the attorney that would continue getting paid by the City. After further discussion, a motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to follow the recommendation of the City's Attorney. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on the following projects to be funded by the Certificates of Obligation, Series 1993: A. Police Department Telephone System. B. Emergency Generator for Paris Police Department. City Manager passed out information regarding the Telephone System telling the Council that we presently have a Spirit telephone system which is insufficient to meet the demands of the department and it is also difficult to operate, that there are a number of none- police and non - emergency calls being routed through the Emergency Communications Division which could be eliminated with the new system. City Manager Malone said the Merline Legend Telephone System is available for purchase through State bid, the Texas Government Services Contract, which would be approximately 33% discount, and the equipment needed would be a net priced at $32,459. City Manager Malone said there is financing available if we wished to go that route, but that would entail an additional $10,000.00. After discussion, a motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing funding of a Telephone System for the Paris Police Department in the amount of $32,459.00 to be funded by the Certificates of Obligation, Series 1993. The motion carried 6 ayes, 0 nays. City Manager Malone advised the Council that the Emergency Generator and Transfer Switch would be diesel powered located outside the building, and this would be installed at a cost of $16,125.00. City Manager Malone said that we could expect a generator in this capacity would be able to power probably the entire building and certainly all the emergency equipment and portions of the heat and air in the event that we have a power outage. City Manager Malone said this would be replacing a 1950 model generator which is inside the building, powered with gasoline. After further discussion, a motion was made by Councilman Fulbright, seconded by Councilwoman McDonald authorizing the purchase of an Emergency Generator for the Paris Police Department in the amount of $16,125.00 to be funded by the Certificates of Obligation, Series 1993. The motion carried 6 ayes, 0 nays. City Manager Malone presented the Council with a referral to the Traffic Commission closing Center Avenue beginning at the east boundary line of 3rd Street N. E., east to the west boundary line of 6th Street N. E. within the Fairground property. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to refer this matter to the Traffic Commission for their study and recommendation. The motion carried 6 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was a public hearing for the Ms. Pat Turpin, Emergency Communications Division, Grievance Appeal. City Manager Malone advised that he had received a fax from the attorney, and evidently he is not prepared to appear tonight. City Manager told the Council that he had previously placed the item on the agenda upon the letter requesting sent by the attorney representing Ms. Turpin, and we held a public hearing at that time, so there is no action necessary since Mr. Hamilton is not present. City Attorney Haynes advised that since Mr. Hamilton choose not to appear that no action is necessary, and the previous action of the Council stands as was, and that'is, that the Manager's upholding the Chief of Police's position - continues to be the law of the City of Paris and feels there is no action needed at this time. City Attorney reported that we have been investigating the legal method available for consideration of Charter revision, we expect to inform you in the near future, and then if the Council directs us to continue work in that area, we will continue, and bring back a recommendation to you along those lines. City Manager Malone showed a vedio of a electrical panel located at the pumping station located on Center Street, the two million gallon ground storage tank, the 4 million gallon concrete ground storage tank, which was completed last year and is presently in service, one the vaults for controls valves which is part of this project, a metal ground storage tank on Center Street showing evidence of corrosion on the roof of this tank. City Manager Malone advised that these two metal tanks have been taken out of service, and the City Engineer is developing plans and specifications to rehabilitate these tanks. There being no further business, the meeting adjourned at 7:30 P. M. 4/1JU// ERIC CLIFF D, MAYOR PRO TEM 127 ATTEST: •R +�' MAT�UA NGH M, CITY UER i S MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL March 20, 1995 The City Council of the City of Paris met in regular session, March 20, 1995, 6:00 P.M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmem:)ers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and Citv Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of report from the Plann*,ny and Zoning Commission, and the minutes of the Planning and Zoning Commission's meeting held March 6, 1995 was presented, and attached hereto as a part of theses minutes as Exhibit A. Mayor Shelton declared the continuation of a public hearing open to consider the petition of Richard King for a change in zoning from a Single Family Dwelling District No. ; (SF -3) to a single Family Dwelling District No. 3 (SF -3) and Specific Use Permit (39) Mobile Home on Lot 6, City Block 233, located at 1248 N. W. 16th Street. Mayor Shelton called for proponents to appear, and Richard King appeared before the Council telling the Council that there were no objections from the neighborhood regarding placement of a mobile home on his property, that it was going to be use as a family dwelling. Mayor Shelton called for opponents to appear, none appeared and the public hearing was declared closed. City Manager Malone advised she Council that Item No. 4 of the agenda, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Single Family District No. 3 to a Single Family Dwelling No. 3 and Specific Use Permit (39) Mobile Home on Lot 6, City Block 233, and if the Council wishes to consider this matter, a motion to bring this item from the table necessary. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright to bring Item No. 4 of the agenda from the table. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning Lot S, City Block 233 to a Single Family Dwelling No. 3 and Specific Use Permit (39). The motion carried 6 ayes, 1 nay, Councilman Brown voting nay. Mayor Shelton declared the public hearing open to consider the petition of Dorothy Allen for a change in zoning from a Single Family Dwelling District No. 2 (SF -2) to a Commercial District (C) on Lot .8, Block 203 of the Scott & Braden Addition, located at 2327 Bonham Street. Mayor Shelton called for proponents to appear, and Dorothy Allen, 2365 Bonham Street, appeared before the Council on behalf of her petition telling them that they own the auto parts building next to this property, and planned to expand their current operations. Mayor Shelton called for opponents to appear, none appear, and the public hearing was declared closed. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zonino on Lot 8, City Block 203 to a Commercial District. The motion carried 7 _ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Preliminary Plat of Cedar Park Subdivision, Phase II. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the Preliminary Plat of Cedar Park Subdivision, Phase II subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation, Paris /Lamar County Board of Health, Traffic Commission, had been presented wit-h no action being required. Under personal appearances Mr. Mark Gerbert, 730 Bunker Street, appeared requesting improvements to the condition of 31st Street N. E. Mr. Gerbert said the request was for improvements to the condition of 31st Street in order to control dust, prevent large holes from forming in the street, and eliminate frequent grading maintenance which is now required. Mr. Gerbert said there were 21 homes which requires access to 31st N. E. City Manager Malone adv!sel there was an action on the agenda regarding this matter. Roy Sparks, 6040 Pine Mill Road, Area Manager for Lone Star Gas Company appeared before the Council regarding a Statement of Intent filed by Lone Star Gas Company requesting a rate increase. Mr. Sparks said Lone Star Gas finds it necessary to increase the rates of their customers n the City of Paris. Mr. Sparks said they realize that increase in rates are nc+ a popular with their customers, but when you experience deficits in earnings, a rate increase is necessary. Mr. Sparks told the Council that Lone Star Gas Company has not received a rate increase since March of 1987. A Statement of Intent to increase residential and commercial rates was file March 2, 1995 with a proposed effective date of April 8, 1995. Mr. Sparks said the proposed rate would generate an estimated $469,344.00 in additional annual revenue assuming that sales volume does not decline. This increase would allow Lone Star Gas to recover the annual expense that was being experienced as of June 30, 1994, and it would also provide Lone Star Gas an opportunity to earn a fair and reasonable, return on their investment in this distribution system as of 'thut same date. Mr. Sparks told the Council that Lone Star Gas is making a provision to provide a weather normalization adjustment, and the customer will benefit because it will smooth out radical cost due to abnormal temperature, and also the City would also benefit because franchise fee payments would be more stable and predictable as a result of the leveling of the company's revenue flow. After further discussion, Mr. Sparks suggested that the City go ahead and suspend this rate for 90 days, and allow him to meet with City Staff and City Council in order to go over the rate increase and try to wu-rk out a rate that is best for the rate payers, the City, and Lone Star Gas. ORDINANCE NO. 95 -012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAN,S AND CHANGIr,1; THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A SINGLE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT, - MOBILE HOME (39) ON LOT 6, CITY BLOCK 233, ON PROPERTY BELONGING TO RICHARD KING, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A SINGLE FAMILY DWELLING DISTRICT NO. 3 (SF -3) DESIGNATING THE BOUNDARIES OF THE SINGLE FAMILY DWELLING NO. 3 (SF -3) AND SPECIFIC USE PERMIT - MOBILE HOME (39) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED 42,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1995 was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for adoption of the ordinance. The motion carried 6 ayes, 1 nay, Councilman Brown voting nay. ORDINANCE NO. 95 -013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHAun-:NG THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 8, BLOCK 203, SCOTT & BRADEN ADDITION, ON PROPERTY BELONGING TO DOROTHY ALLEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AS SINGLE FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO.ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1995 y; �.; 121 was presented. A motion Wa's r ide cilwoman McDonald, seconded by Councilman Jenkins for adoption of the'ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT "— ORDINANCE NO. 93 -002 PASSED AND ADOPTED ON THE 7TH DAY OF JANUARY 1993, BE AMENDED BY REVISING THE PREAMBLE, AND SECTION 1 OF SAID ORDINANCE; PROVIDING THAT THE REFERENCE THEREIN TO BE CHANGED FROM MCKINLEY JOHNSON, DBA PRIDE OF PARIS TAXICAB TO HERSHEL BIGLOW, DBA CITY CAB OF PARIS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 13, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance on second reading. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action of bids received at a public bid opening for furnishing and delivery of a Curb -Side Drive Up Safe Depository for tr.a Water Billing Office, and advised that only one bid had been received, but did not meet specifications. It was City Manager Malone's recommendation to reject this bid and rebid the item. A motion was made by Council -man Clifford, seconded by Councilman Bell to reject the bid for a Curb -Side Drive Up Safe, and authorized rebidding of the Cubr -Side Dirve Up Safe Depository for the Water Billing Office. The motion carried ,7 ayes, 0 nays. City Attorney Haynes presented a resolution assigning the lease of Billy and Donna Winters to Russell Gifford for hanger space at Cox Field Airport and recommended that: this matter be tabled. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to table action until ]rater in the meeting on the assignment of lease from Billy and Donna Winters to Russell Gifford. The motion carried 7 ayes, 0 nays. Resolution No. 95 -033, suspending the proposed rate increase of Lone Star Gas Company for a period of 90 days for further study, investigation, receipt of evidence and setting a public hearing for 6:00 P. M., on the 8th day of May, 1995 in the Council Room, City Hall, Paris, Texas for the purpose of receiving any and all information germane to Lone Star sas Company's request for rate increase, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown, The resolution carried 7 ayes, 0 nays. .4t 122 RESOLUTION NO.95 -033 WHEREAS, Lone Star Gas Company, a division of Enserch Corporation, did, on March 2, 1995, file a schedule of rates for gas service within the City of Paris to become effective Apri', 8, 1995; and, WHEREAS, after having reviewed the•proposed rate schedule and having received information from Lone Star Gas Company, it.is the opinion of the City Council of the City of Paris, that such schedule of rates should be suspended for a period of 90 days from April 8, 1995, for study, investigation; receipt of evidence and public hearing before the City Council of the City of Paris at its Regular Council Meeting on the 8th day of May, 1995; and, WHEREAS, a copy of this resolution has been provided Lone Star Gas Company prior to its consideration by the City Council of the Citv of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that, pursuant. io Section 43(d) of the Public Utility Regulatory Act, the operation of the Lone Star Gas Company's proposed rate schLcuie filed with the City of Paris, Paris, Texas, on the 2nd day of March, 1995, be, ane, the same is hereby, suspended for a period of 90 days for further study, investigation, receipt of evidence and public hearing; and, BE IT FURTHER RESOLVED, that a public hearing, be, and the same is hereby, set for 6:00 o'clock P.M. on the 8th day of May, 1995, in the Council Room, City Hall, Paris, Texas, for the purpose of receiving any and a:: information germane to Lone Star gas Company's request for rate increases, Bled in the form of a schedule of rates with the City of Paris on the 2nd day of March, 1995. PASSED AND ADOPTED this 20th day of March, 1995. ATTEST: Mattie Cunningham, City Cie APPROVED AAS TO FORM: T. K. Haynes, CiPf Attorney Resolution No. 95 -034, resolving that Addendum Number One to Lease Agreement dated October 10, 1994 with Oak Park United Methodist Church for the property located at the corner of Bonham Street and 27th Street N. W., was presented. A motion wal made by Councilman Brown, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. r� jg RESOLD c ION NO._ 9 034 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94- 109, on the 29th day of August, 1994, authorize` and direct the City Attorney to proceed with negotiations on behalf of the City of Paris to lease property for a new park in west Paris; and, WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94- 133, on the 10th day of October, 1994, authorize the execution of a lease agreement with Oak Park United Methodist Church for the property' located at the corner of Bonham Street and 27th Street N.W. for said park; and, WHEREAS, the terms of the lease agreement are in need of revision, and an Addendum Number One to Lease Agreement dated October 10, 1994, in the form of Exhibit A, attached hereto, should, in all things, be approved; NO'S', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Addendum Number One to Lease Agreement dated Octobef 10, 1994, in the form of Exhibit A, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Dort. Shelton., Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number One to Lease Agreement dated October 10, 1994, attached hereto as Exhibit A. PASSED AND ADOPTED this 20th day of March, 1995. Don Shel n, yor ATTEST: Mattie Cunningham, City Clerk APPR VED O FORM: T. K. aynes, l ti Attorney 122, ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED OCTOBER 10, 1994, BETWEEN OAk PARK UNITED METHODIST CHURCH AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this Addendum to Lease Agreement, made this 20th day of March, 1995, by and between Oak Park United Methodist Church, hereinafter called CHURCH, and the City of Paris, Paris, Texas, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter called. _CITY, added: WITNESSETI-i It is hereby mutually agreed by CHURCH and CITY that the following paragraph be 1110. CHURCH SIGN In the event that the City of Paris determines that the Oak Park United Methodist Church sign should be moved from the leased property, then the City of Paris shall move the church's sign to a location selected by the church at the City's expense." Executed on the 20th day of March, 1995. ATTEST: Margaret BiggFr:;, Secretary OAK PARK UNITED METHODIST CHURCH By: John Hanna, Chairman of the Trustees EXHIBIT. A 125 By: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) CITY OF PARIS Don Shelton, Mayor U BEFORE ME, the undersigned authority, on this day personally appeared DON SHELTON, Mayor 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 March, 1995. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JOHN HANNA, Chairman of the Trustees, Oak Park United Methodist Church, 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 March, 1995. Notary Public, State of Texas Resolution No. 95 -035, granting the exercise of option to Archers for Christ for five years, which will extend the term of said lease from October 1, 1995 to September 30, 2000 was presented. A motion was made by Councilman Fulbright, seconded by- "ouncilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 126 RESOLUTION NO. 95 -035 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 90- 077, on the 10th day of September, 1990, authorize the execution of a Lease Agreement with Archers for Christ; and, WHEREAS, the City Council of the City of Paris is in receipt of an Exercise of Option from Archers for Christ, attached hereto as Exhibi A, for a five (5) year extension of said lease dated September 10, 1990; and, WHEREAS, the City Council deers it appropriate to grant the exercise of option to Archers for Christ for five years, which will extend the term of said lease from October 1, 1995, to September 30, 2000, and the City Manager, Michael E. Malone, should be authorized to acknowledge acceptance of said Exercise of Option by signing the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITE% COUNCIL OF THE CITY OF PARIS, that the Exercise of Option by ARCHERS FOR CHRIST, attached hereto as Exhibit A, be, and the same is hereby, granted for a period of five_ (5) years, beginning October 1, 1995, and ending September 30, 2000; and, BE IT FURTHER RESOLVED, that Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, authorized and directed to acknowledge acceptance, on behalf of the City of Paris, of said Exercise of Option, attached hereto as Exhibit A, by signing the same. PASSED AND ADOPTED this 20th day of March, 1995. 15olvi Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED A %FORM: T. K. nes, Ci Attorney ExizaasE o'i? ``OrnoN STATE OF TEXAS ) ICN.QW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) KNOW ALL MEN BY TIIFSE PRESENTS, That ARCHERS FOR CHRIST did heretofore, in the Lease Agreement dated September 10, 1990, lease that portion of Lake Crook property described on Exhibit A, being area number Two (2) to be used for an archery range; and on Exhibit B, being areas numbered One (l), tour (4), Five (5) and Six (6) as shown on the first Amended Lake Crook Hunting District Map to be used for archery hunting only, attached hereto and made a part thereof, from the CITY. OF PARIS, Paris, Texas, a municipal corporation. ARCHERS FOR CHRIST does hereby execute its option for the five (5) year period beginning October 1, 1995, and ending September 30, 2000. SIGNED this 901 day of March, 1995. ARCHERS FOR CHRIST Kirk Ballar , President. ATTEST: Billy Be d, Secretary Acceptance of the above Exercise of Option is acknowledged this 20th day of March, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS By: Michael E. Malone, City Manager EXHIBIT A 127 12S vj 'o � Of 8�. N is4-5 ' N�.� a: so'►r�t� > 7S • ©'�� E o C �f r () "h �8 y [N. A 300 . � n u \ NOS l r`d�9 •� i Gcn�"cr,C;nG, �M EXHIBIT A Hwy .Q� SS3tz c� o v► m -►°' 3 CC Z) 0 �`' a. IL v G: EXHIBIT B Resolution No. 95 -036, appQ.inting Eva Flenniken as a member of the Planning and Zoning Commission of the City of Paris, to serve the unexpired term of John Mark Davis which ends December 31, 1997, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 1'16 Q O O C7 lS, I U M P4 H N H A x H z x 0 0 a v w A Wq Z rn H W v� W H (-a U W W on •M•N "1.6l 130 RESOLUTION NO. 95 --036 WHEREAS, there exists a vacancy on the membership of the Planning and Zoning Commission of the City of Paris due to the resignation of John Mark Davis and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the appointment of Eva Flenniken to serve the unexpired term of John Mark Davis, which ends December 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE 'CITY COUNCIL OF THE CITY OF PARIS, that Eva Flenniken be, and she is hereby, appointed to serve the unexpired term of John Mark Davis, which en,js December 31, 1997, as a member of the Planning and Zoning Commission of `he City of Paris. PASSED AND ADOPTED this 20th day of March, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cie APPROVED FORM: - V�e i T. K. flaynesKtity Attorney A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins to take a five minute break. The motion carried 7 ayes, 0 nays. The Council reconvened at 6:50 P. M. On a motion by Councilman Clifford, seconded by Councilman Brown a petition was received from property owners on 31st N. E. requesting improvement to the condition of 31st Street N. E. in order to control dust, prevent large holes from forming in the street, and eliminating frequent grading maintenance which is now required. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on the request of property owners on 31st Street N. E. City Manager Malone said he would like to note that there has been previous opportunity to participate in a street improvement project during the development of the neighborhood under the customary terms offered under the City of Paris policy, and that being that the property owners on each side pay for one -third of the cost for paving, curb and gutter adjacent to their property with the city paying for one -third of the paving and for the street intersections. City Manager Malone recommended that the Council ask the staff to investigate the cost of various solutions of paving for that street as well as bringing forward information about other street request that have been made in the recent past along with funding options so that we car;,.•have a clear understanding of the situation, and give everyone an opportunity to be heard as well as know what the cost will be in improving these streets. Councilman Clifford said he feels what they are wanting is not so much as upgrading it to a full city street level, but.some type of dust control. Councilman Clifford asked City Manager and staff to specifically look in to seal coating with hot oil or something like that. City Manager Malone advised that in the dry summer the city gets complaints about the dust, anci we have long wanted to have a program to upgrade some of those street, and we can certainly look at hot oil as one option and give you information about that. City Manager Malone said that one of the big problems that Paris has is drainage, and some of the street in town could be upgraded relatively inexpensively; however, some of the streets that are in that same condition would be 132, very difficult to upgrade because of the drainage problem in the area, and the extreme cost of putting the kind of drainage that it would take to take the water off the street because you would be wasting your money. City Manager Malone said he thought this particular street is well drained. Councilman Clifford suggest that we start with the street with the best drainage like we did w''h our overlay projects where we went in and started with the streets that had the best subgrade, and felt that some type program needs to be looked at to upgrade the gravel and dirt street where it is feasible to do it at a reasonable cost. After further discussion, a mot:un was made by Councilman Clifford directing City Staff according to City Manager Malone's comments and his comments. The motion was seconded by Councilman Brown, and carried 7 ayes, u nays. Mayor Shelton advised the Council that Item No. 14A, resolution approving an assignment of lease from Billy and Donna Winters to Russell Gifford for hanger space at Cox Field Airport would not be brought from the table, and r3quest that it be place on the agenda for next month. There were no referrals for March 1994. City Manager Malone said he would like to talk about sewer and water improvements that have been made in the City of Paris. City Manager Malone said that the City of Pairs i5 subject to the regulations of the State of Texas as well as trve regulati -ins of the Federal Government. The agencies that we deal with in the operation of our water and wastewai;rr system, we are involved with the United States Environmental Protection Agency, and the Te °4:. Natural Resources Conservation Commission. Paris being an older City, it has a large number of very old sewer utilizing the olner technology. Many of our sewer line are the old clay tile that has been in place and use for ten's of years, we also have a number of concrete sewer line in and about the city, we have plastic line, we have all technology represented in our sewer system. City Manager Malone said he had discussed regulations that came forward in the 1970's regarding the environment, Paris like many cities, for many years was reluctant to raise rates to do routine maintenance and replacement of the system, and for many years these problems developed, and there ?re areas of the city where the problems were more severe than in other. When the regulations of the State and Federal Government that provided the impudence for cities like Paris to try and make improvements to the system, and the impudence is in the form of administrative orders and the threat of fines by both agencies. At that time, the City began to do studies in order to try to seek federal funds, during those studies there were many areas locateG where water from rainfall was found to be infiltrating and flowing into the city sewer system, of course, that type of rainfall getting into the system pauses the system be backup to make it difficult in the lower areas to satisfactorily perform. City Manager Malone said that the Airst push by the federal and state government involved the wastewater treatment plant, and in talking about wastewater, greatly due that is one s that our expense has increased to those regul 1 City Manager Malone said the city moved forward to make improvements to the wastewater treatment plant over the years as required to do so under our permits and administrative orders that were entered in to, subsequent to that, we had problem with infiltration and inflow, the requirements being that all water that gets into the city's wastewater system has to be transported and treated in the wastewater treatment plant, that means that the wastewater treatment plant must be of sufficient size and sufficient technology to take all the wastewater that may come in whether it is rain or not raining and treat it to a standard that the effluent coming out of the plant is actually cleaning than the water in the creeks that run into Lake Pat Mayse, and that has been accomplished with a great deal of expense involved in meeting those requirements of our EPA permit that allows the City to operate. City Manager Malone said the next push involving the regulatory bodies involves the Lift Station in Ond around Paris. Paris is primarily split down the east - west axes by Pine Bluff Street with most of the rainwater north of Pine Bluff would flow to the north, and south of Pine Bluff would flow south toward Sulphur River, with Paris having one wastewater treatment plant 'north of Paris, purchased from the U. S. Army which has been remodeled on several occasions, each time a great deal of money has been spent to bring it up to standard as required along with upgrading the lift stations which is required to lift the wastewater from the southern portions of, the city over the hill where it can gravity flow on to a master lift. station, the on' the wastewater treatment plant. City Manager Malone said the Government has been repairs to year we have been involved in wastewater collection system in southeast and southwest area. explained the system the city, sewer system, and talked about these problems. next emphasis of State and Federal the. collection system, and for several rehabilitation and replacement of the various areas in the city mainly the i City Manager Malone went on and is using to locate problem within the steps that are being taken to correct City Manager Malone said thd`'city was watching Congress trying to determine whether any regulations might change, we know that further mandates are being looked at closely, but there are a number of mandates that are already in place that have not been rolled back, and we have made efforts to join with other cities in the organizations that represents cities such as the National League of Cities, and Texas Municipal League, also the City of Paris has made efforts to let State Representatives and Senators know our feels as well as our Congress that we want to have a clean environment but we wish to attack that problem in a way which is economically feasible, and take care of problems that are really serious problems and not be burden by unnecessary federal and state regulations. City Manager Malone said we will continue to follow that track, and hope to see some relief in the near future, and as you realize the full water and sewer rate structure, although many people feel it is erroneous and extremely 134 high, these rates are in effect financing the improvements that we are required to make by the State and Federal Government, and had we not financed it over a long period of time, we would have been required to raise the rates very dramatically annually due to those projects, out of pocket, because as you know, the water and wastewater system is a stand a lone operation, and rates for water and wastewater are set according to the needs of the system. City Manager Malone advised that our bond covenant requires the City to set rates that will give a return to pay those pers - -ns that purchase those bonds. Mayor Shelton reported that Wednesday the Congress did pass the remnant of the bill that the cities have been asking for which requires that EPA present cost effective studies. to the Congress, and feasibility studies on any mandates that they may have in the future and how they are going to pay for it. There being no further business, -the meeti adjo DON SHEL ON, h1AY C OF PARIS ATTEST: nlict — J MATTIE C1,NN NGHAM, CI LERK ' MINUTES OF THE PLAINNING AND ZONNG CO1vhMISSION Monday, March 6, 1995 The Planning and Zoning Commission of the City of Paris met Monday, March 6, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Louis Yates =1. Joe McCarthy ?. Richard Hunt 5. Joel McCray 3. Marshall Kent Earl Smith, City Engineer was also present. The meeting was called to order by Marshall ,Kent. Minutes of the Monday, February 6-, 199; meeting were approved as submitted. 1. The Public Hearing to consider the petition of Richard King for a change in zoning from a Single Family Dwelling District No. 3 (SF -3) to a Single Family Dwelling District No. 3 (SF -3) and Specific Use Permit (39) Mobile Home on Lot 6, City Block 233, located at 1248 N.W. 16th Street was brought from a motion by Richard Hunt. The motion was seconded by Joe McCarthy and carried 5 ayes and 0 nays. Pedro Barrios addressed the Planning and Zoning with no opposition to the zoning change. Richard Kin�L7 , 1230 N.W. 16th, spoke requesting the change in zoning in order to provide a home for his son and his son's family. No one else spoke and the Hearing was closed. A motion to recommend approval was made by Louis Yates and seconded by Joel McCray. The motion carried 5 ayes and 0 nays. ?. The Public Hearing was declared opened to consider the petition of Dorothy Allen for a change in zoning from a Single Family Dwelling District No. 2 (SF -2) to a Commercial District (C) on Lot 8, City Block 303, of the Scott & Braden Addition located at 2327 Bonham Street. Dorothy Allen, 2365 Bonham Street, appeared before the Planning and Zoning on behalf of her request far zoning change. Ms. Allen wants to someday build onto her already existing auto parts store. Willie Cummings spoke in opposv-:ion to the zoning change. His complaint was of the noise from the dumpster and delivery trucks. Elvis Cummings also addressed the Planning and Zoning also stating his complaint of noise. No one else spoke and the Public Hearing was closed. A motion was made by Joe McCarthy to recommend approval to Council with a second by Richard Hung. The motion carried with a vote of 5 ayes and 0 nays. 3. Consideration of the Preliminary Plat for Cedar Park Subdivision, Phase II. Mr. Smith specifically pointed out the sideyard setbacks to the Planning and Zoning Commission stating that they did not comply with the existing Single Fam�iy District No. 3 (SF -3). Mr. Smith explained that a Planned Development District (PD -d) would allow setbacks as requested. Joe McCarthy made a motion to recommend approval subject to the City Engineer's recommendation dated March 6, 1995. The motion was seconded by Louis Yates and carried by a rote of 5 ayes and 0 nays. There being no further business the meeting was adjourned at 6:17 P.M. C2�� Earl Smith, P.E. City Engineer MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 6, 1995 The City 'Council of the City of, Paris met in regular session, April 6, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne',Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held April 3, 1995, and attached hereto as a part of these minutes as Exhibit A. City Manager Malone called for consideration of and action on approval of the Preliminary Plat of Grand Oaks Subdivision. A motion was made by Councilman Fulbright, seconded !y Councilman Clifford for approval of the preliminary plat of Grand Oaks Subdivision subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Clements Fairview Addition. A motion-was made by Councilman Bell, seconded by Councilman Brown for approval of the Replat of Clememts Fairview Addition subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Karen Penetecost, Lot 7, City Block 62, 567 Pine Bluff, from Two Family Dwelling District to Two Family Dwelling and Specific Use Permit (9) Institutions of Philanthropic; Cana Jackson, Lot 6, City Block 63, 636 N. E. 6th, from Two Family Dwelling District to Neighborhood Service District; Wayne Young, Lot 5, City Block 51 -C, 908 Graham, from Two Family Dwelling District to Single Family District No. 3 and Specific Use (39). Mayor Shelton referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting May 1, 1995, and before the City Council May 4, 1995. There being no further business, the mee g adj MR S LT , MA 0 C Y OF PARIS ATTEST: MATTIE CUNNINGHAM, CITa. ERK MINUTES OF THE PLANNING AND ZONING COMMISSION Monday, April 3, 1995 The Planning and Zoning Commission of the City of Paris met Monday, April'), 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Curtis Fendley 2. Eva Flenniken .5. Joel McCray 3. Louis Yates Earl Smith, City --17ngineer was also present. The meeting was called to order by Reeves Hayter. Minutes of the Monday, March 6, 1995 meeting were approved as submitted by a motion from Curtis Fendley, seconded by Louis Yates. 1. Consideration of the Preliminary Pl ;,t for Grand Oaks Subdivision. The City Engineer made a recommendation that the lot sizes be shown on the plat to verify compliance with Subdivision Ordinance. The Planning and Zoning Commission members were also given recommendations dated April 3, 1995 from the City Engineer. A motion to recommend approval subject to the City Engineers recommendations was made by Curtis Fendley and seconder 4y noel McCray. The motion carried 5 ayes and 0 nays. 2. Consideration of the replat of lots 1 thru 8 of the Clements Fairview Addition. Curtis Fendley made a motion to recommend approval subject to the City Engineer's recommendation dated April 3, 1995. The motion was seconded by Louis Yates and carried by a vote of 5 ayes and 0 nays. There being no further business the meeting was adjourned at 6:10 P.M. Earl Smith, P.E. City Engineer \ 6�& C��L MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 10, 1995 The City Council of the City of Paris met in regular session, Monday, April 10, 1995, 6:00 P. M., City Council 'Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers` present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T.K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none., the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation, and the Paris/ Lamar County Board of Health has been furnished with no action being required. City Manager advised that Ms. Beverly Fortner, teacher at A. M. Aikin Elementary School, and third grade .students was going to present a proposal that the City proclaim a Pledge to Paris and a-Flag for the City of Paris for the month of May. Ms. Beverly Fortner came forward and explained to the Council how they came to have a pledge and flag for Paris. Ms. Fortner said the teachers of Paris had a Pride Rally, and as part of that rally they developed the Pledge of Paris because they felt as teachers of young children it was their responsibility to raise the next group of leaders for the City of Paris. Ms. Fortner said the principal took the pledge back to school, and as part of the daily routine, they say this pledge every morning, but they realized they had no place to look, so they decided as a class they needed to develop or design a Paris Flag, which started as a contest, then it was decided that their design would be a flag made by all of the class. The students said the pledge as follows: "I pledge allegiance to Paris - A community built by me. May it always grow and prosper As a place where children are free" The Flag was presented to Mayor Don Shelton by one of the students. 139 r 4- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 10, 1995 The City Council of the City of Paris met in regular session, Monday, April 10, 1995, 6:00 P. M., City Council 'Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers` present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T.K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none., the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation, and the Paris/ Lamar County Board of Health has been furnished with no action being required. City Manager advised that Ms. Beverly Fortner, teacher at A. M. Aikin Elementary School, and third grade .students was going to present a proposal that the City proclaim a Pledge to Paris and a-Flag for the City of Paris for the month of May. Ms. Beverly Fortner came forward and explained to the Council how they came to have a pledge and flag for Paris. Ms. Fortner said the teachers of Paris had a Pride Rally, and as part of that rally they developed the Pledge of Paris because they felt as teachers of young children it was their responsibility to raise the next group of leaders for the City of Paris. Ms. Fortner said the principal took the pledge back to school, and as part of the daily routine, they say this pledge every morning, but they realized they had no place to look, so they decided as a class they needed to develop or design a Paris Flag, which started as a contest, then it was decided that their design would be a flag made by all of the class. The students said the pledge as follows: "I pledge allegiance to Paris - A community built by me. May it always grow and prosper As a place where children are free" The Flag was presented to Mayor Don Shelton by one of the students. 140 Mayor Shelton read a proclamation proclaiming the flag designed by the third grade classes at A. M. Aikin Elementary School taught by Beverly Fortner as the Official Flag of the City of Paris for the month of May 1995, and further proclaimed the above pledge as the official pledge of the City of Paris for the month of May 1995. ORDINANCE NO. 95 -014 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT ORDINANCE NO. 93 -002 PASSED AND ADOPTED ON THE 7TH DAY OF JANUARY, 1993, BE AMENDED BY RE`J= )sr-ING THE PREAMBLE, AND SECTION 1 OF SAID ORDINANCE; PROVIDING THAT THE REFERENCE THEREIN TO BE CHANGED FROM MCKINLEY JOHNSON, DBA PRIDE OF PARIS TAXICAB TO HERSHEL BIGLOW, DBA CITY CAB OF PARIS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 9, 1995 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. 141 RESOLUTIONr NO. 95 -037 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 90 -075, approve the execution of an Amended Agreement with L. P. McCuistion Community Hospital, dba McCuistion Regional Medical Center, and St. Joseph's Hospital and Health Center; and, ' WHEREAS, the terms of the Amended Agreement are in need of revision and an Addendum No. One in the form of Exhibit A, attached Hereto, should be approved; NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Addendum No. One to the Amended Agreement dated September 10, 1990, in the form of Exhibit A, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum No. One to the Amended Agreement with McCuistion Regional Medical Center and St. Joseph's Hospital and Health Center, attached hereto as Exhibit A. PASSED AND ADOPTED this 10th day of April, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cler APPROVEDWS TO FORM: T. ft tHayne$!City Attorney ADDENDUM NUMBER ONE ': O AMENDED AGREEMENT DATED SEPTEMBER 10, 1990, BETWEEN L. P. McCUISTION COMMUNITY HOSPITAL, dba McCUISTION REGIONAL MEDICAL CENTER, ST. JOSEPH'S HOSPITAL AND HEALTH CENTER AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS, that this Addendum to Amended Agreement dated September 10, 1990, between L. P. McCUISTION COMMUNITY HOSPITAL, dba McCUISTION REGIONAL MEDICAL CENTER, ST. JOSEPH'S HOSPITAL AND HEALTH CENTER and the CITY OF PARIS, PARIS, TEXAS, made this 10th day of April, 1995, by and between' L. P. McCUISTION COMMUNITY HOSPITAL, dba McCUISTION REGIONAL MEDICAL CENTER, by and through its Administrator, Anthony A. Daigle, duly authorized, ST. JOSEPH'S HOSPITAL AND HEALTH CENTER, by and through its Chief Executive Officer, Monty McLaurin, duly authorized, and the CITY OF PARIS, PARIS, TE`ZAS, by and through its Mayor, Don Shelton, duly authorized, does hereby amend the above described Amended Agreement by adding paragraph 6 to Specific Responsibilities o; City of Paris, as follows: "6. In accordance with the laws of the State of Texas, which state that the provision of advanced life support must be under medical supervision and a licensed physician's control, CITY shall appoint, from the staffs of HOSPITALS, one or more physicians to serve as medical director or co- medical directors for the Emergency Medical Service of the City of Paris." EXECUTED on this the 10th day of April, 1995. CITY OF PARIS, PARIS, TEXAS Don Shelton, Mayor EXHIBIT E ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ATTEST: Melinda House, Secretary ATTEST: Debi Westbrook, Executive Assistant McCUISTION REGIONAL MEDICAL CENTER ' By: , Anthony A. Daigle, Administrator ST. JOSEPH'S HOSPITAL AND HEALTH CENTER By: Minty McLaurin, CEO STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned auti,ority, on this day personally appeared DON SHELTON, 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 April, 1995. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared ANTHONY DAIGLE, Administrator of McCuistion Regional Medical Center, 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 AN-D SEAL OF OFFICE, this day of April, 1995. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned' authority, on this day personally appeared MONTY MCLAURIN, Chief Executive Officer of St. Joseph's Hospital and Health Center, 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. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, Notary Public, State of Texas Resolution No. 95 -038, accepting the resignation of Dr. Bert Strom, and appointing Dr. Alice Cox to replace Dr. Bert Strom as co- medical director for the Emergency :1edical Service of the City of Paris, and she is empowered to perform the duties and obligations enumerated in the laws of the State ')f Texas, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -038 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 84 -001, designate two co- medical directors for the Emergency Medical Service of the City of Paris; and, WHEREAS, Dr. Bill Woodruff continues to serve as co- medical director for the Emergency Medical Service; and, WHEREAS, Dr. Bert Strom served as co- medical director from September 9, 1985, through April 10, 1995, having tendered his resignation, and it is necessary to appoint his successor;' and, WHEREAS, Dr. Alice Cox has been nominated as co- medical director by McCuistion Regional Medical Center from its staff, and she has agreed to serve; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF PARIS, that the resignation tendered by Dr. Bert Strom be, and the same is hereby, accepted, with deep appreciation for the invaluable service which lie rendered the citizens of the City of Paris; and, BE IT FURTHER RESOLVED, that Dr. Alice Cox be, and she is hereby, appointed to replace Dr. Bert Strom as co- medical director for the Emergency Medical Service of the City of Paris, and she is empowered to perform the duties and obligations enumerated in the laws of the State of Texas. PASSED AND ADOPTED this 10th day of April, 1995. ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: Z", K. aynes, Cit Attorney Resolution No. 95 -039,_ resolving that the form of the Reciprocal Agreement between the City of Paris and the City of San Marcos for the licensing of electricians is hereby approved, and authorizing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris the Reciprocal Agreement for the licensing of electricians, was presented. A motion was made by Councilman Bell, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes, 0 nays. 145 RESOLUTION NO. 95_t WHEREAS, the City of Paris reciprocates wi,jh the City of San Marcos in the licensing of master and journeyman electricians; and, WHEREAS, this reciprocal agreement was informally made without the benefit of written agreement; and, WHEREAS, it would be in the best interest of the City of Paris to enter into the Reciprocal Agreement with the City of San Marcos, the form of which is attached hereto as Exhibit A, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Reciprocal Agreement between the City of Paris and the City of San Marcos for the licensing of electricians, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Reciprocal Agreement for «e licensing of electricians, attached hereto as Exhibit A. PASSED AND ADOPTED this 10th day of April, 1995. Don Shelton, Mayor AT'T'EST: Mattie Cunningham, City Clerk APPROVED FORM: T. K. aynes, J0ty Attorney RECIPROCAL =AGREEMENT Recitals: 1. The City of San Marcos and the'City of Paris require the testing and licensing of electricians before those persons :ar.;approved to do electrical work within the corporate limits of the respective city. 2. The City of San Marcos and,the City of [saris issue electrical licenses under equally restrictive conditions. ' 3. The City of San Marcos and the City of Paris have similar processes for obtaining a reciprocal license. Agreement: 1. This Agreement is made and entered into on the n i, day of March , 19 95 , by and between the City of San Marcos, a Texas municipal corporation and the City of Paris, a Texas municipal corporation. 2. Master electricians and journeymen Electricians tested and licensed in San Marcos may obtain a reciprocal license in Paris, an: such electricians tested and licensed in Paris may obtain a reciprocal license in San Marcos as long as the standards and testing remain on an equally high level in both cities, and provided that each electrician wanting to acquire a reciprocal license does the following: a. Registers with the local Electrical Inspector prior to doing any work; b. Submits a letter signed by the Electrical Inspector of the city in which the electrician is tested and licensed addressed to the Electrical Inspector of the city where the electrician wants to acquire a reciprocal license, showing that the electrician has been licensed through testing by the other city and holds a current valid license, and for master electricians, showing that the electrician has held a master electrician license for at least one year; C. Posts any required bond in the reciprocating city; and, d. Pays all necessary license fees prior to commencing work on any job. 3. All applicants for reciprocal licenses must have obtained their license in the other jurisdiction through testing. Double- reciprocating is not allowed. 4. This agreement will renew automatically cn the annual anniversary date unless terminated by either party. 5. Either party may terminate this agreement by mailing notice of termination to the other party, certified mail return receipt requested. Termination will occur 30 days after the day on which the notice is received. Any projects :permitted at the time of notice of termination will be allowed to be completed. THE CITY OF SAN MARCOS, TEXAS By :__ Larry . Ol ey, City ' nager Date: 3/7/95 THE CITY OF PARIS, TEXAS Date: City Manager Attest: JeKis K. Womack City Secretary Attest: City Secretary EXH! BIT A 147 148 RESOLUTION NO. 55 -040 WHEREAS, there exists a. vacancy on the membership of the Traffic Commission of the City of Paris due to the resignation of Richard Fuller, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the appointment of Mary Lane to serve the unexpired term of Richard Fuller, which ends June 30, 1995; NOW, TI:EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Mary Lane be, and she is hereby, appointed to serve the unexpired term of Richard Fuller, which ends June 30, 1995, as a member of the Traffic Commission of the City of Paris. PASSED AND ADOPTED this 10th day of April, 1995. ATTEST: Mattie Cunningham, City Cler APPROVED T. K. Hay Attorney Don §1—ielton��-Mayor Resolution No. 95 -040, appointing Mary Lane to serve the unexpired term of Richard Puller, which ends June 30, 1995, as a member of the Traffic Commission of the City of Paris, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 149 City Manager Malone advised the Council that the Texas Department of Health has approved Rule 181.28 Chapter 25, Texas Administrative Code which relates to paper requii6 66i- o'r the issuance of certified copies of birth and death records, and one of the requirements is no certificate copy or abstract shall be issued unless the issuing office provides security features in the paper used of consecutive numbers, background security features, a copy:.•void pantograph, and engraved border, microline printing or security thread, sensitized security paper, prismatic printing, erasable fluorescent printing, non - optical brighteners, and,, complex colors. City Manager Malone advised the Council that the city issues an average of 375 to 406 birth and death certificates a month, and that the fees for a birth certificate is $9.00, and a death certificate is $9.00 for the first one, and $3.00 for all others. The new rules will standardize the form and contents of all records issued in order to promote a more uniform appearance of certified records; aid in the control of the fraudulent use of such records and insure the validity, authenticity and security of vital records. City Manager Malone told the Council that next month we would be presenting bids for the security. paper, and that the deadline for use of Bank Note Paper is June 1, 1995. City Manager Malone presented a video on the new automation system at the Paris Public Library advising the services and resources is online catalog, automated check out, reserve requests, interlibrary loans, best sellers, magazines and newspapers, large print and audio books, encyclopedias, local history files, Texas history collection, paperback exchange, public copier, gallery /meeting room, tax forms, senior outreach programs, literacy classes, reference assistance, plus Northeast Texas Library System Affiliation. City Manager said the new automated system will h:Op in accurate, is fast efficient, helpful, cost effective and easy to use along with being a benefit to staff. City Manager mentioned the fact that today they, had their annual volunteer luncheon for the volunteer workers at the Paris Public Library, and was very appreciative of all those folks that serve in that capacity which saves the city more than $20,000.00 this year in performing services. Mayor Shelton read a letter from Councilman Wayne Brown, District No. Six, tendering his resignation from the City Council due to the fact that he was moving out of his district, that he and his wife were building a home out in the county. There being no further business, th m etin our DON SHELTfflf, MAYOR, CITY OF P RIS ATTEST: ptNO uliklawrlml' W�� 150 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 4, 1995 The City Council of the City of Paris met in regular session, Thursday May 4, 1995, 6:00 P. M., City Municipal Courtroom, David Roberts Police & Court Building, 811 Bonham Street, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone called for consideration of and action on a resolution appointing a person to fill the unexpired term of Wayne Brown as Council person for District VI. Don Holladay, 3465 Vagas Drive, appeared before the Council requesting that the current Council not make an appointment on this particular fulfillment tonight, instead allow the new Council, which will be in place Monday, to make that appointment. Mr. Holladay stated that it is the new Council in which will need to work with this new individual. Mr. Holladay said he did not know who the Council is going to appoint, or have in mind to appoint, but all that he was asking is that the new Council be allowed the opportunity to do this. Mr. Holladay advised that there is going to be a minimum of two new members on the Council possibly a third; therefore, it would seem reasonable to him that this matter be postponed until Monday for the new Council to act on. Councilman Brown advised that he has moved out of the district, and did tender his resignation thirty day ago, and to his knowledge no one else has shown an interest in being on the Council. Councilman Brown said he did this with research for the last two months knowing that he would be moving from his district, and he felt that everybody is in complete agreement with the selection of his replacement. City Attorney Haynes read Section 20 of the City Charter as follows: "A vacancy in the Council shall be filled by a majority vote of the remaining members of the council, by the selection of a person possession all the qualifications prescribed by Section 1 of this Article, who shall be a bona fided resident of the ward in which the vacancy occurs, (and according to court order the word ward has been changed to district) unless the vacancy is office is that of a councilman at large, (we do not have ' any of those because ' of the same court order)." City Attorney Haynes said whoever the person is nominated must be a bona fide resident of District No. 6 of the City of Paris. Councilman Brown nominated Charles No. 6. The motion was seconded by ayes, 0 nays. Neeley for Councilman of District Councilman Fulbright, and carried 7 Resolution No. 95 -041, resolving that Charles Neeley be, and he is hereby appointed as Councilman for. District 6 of the City of Paris to serve the unexpired term of Wayne Brown which ends May 6, 1996, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -041 WHEREAS, there exists a vacancy on the City Council of the City of Paris occasioned by the resignation of Wayne Brown, and it is appropriate that his successor be timely appointed due to the urgency of City business requiring Council action; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, having submitted the name of Charles H. Neeley, a bona fide resident of District 6 of the City of Paris, a person who possesses all of the qualifications enumerated in Section 17 of the Charter of the City of Paris to serve the unexpired term of Wayne Brown, which ends May 6, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Charles H. Neeley be, and he is hereby appointed as Councilman for District 6 of the City of Paris to serve the unexpired term of Wayne Brown, which term ends May 6, 1996. PASSED AND ADOPTED the 4th day of May, 1995. � m!� lommilml MINNOW • ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: T. K. Haynes, Cit Attorney 151 L IL Mayor Shelton presented Councilman Wayne Brown with a .plaque in appreciation for his dedication and outstanding service as City Councilman District No. 6. City Attorney Haynes administrated the oath of office to Charles Neeley, and he assumed his seat at the council table. Mr. Neeley told the City Council and audience that he was very honored to be able to serve on the City Council, and he would do his best to represent the citizens of District No. 6 and all of the citizens of Paris. Mr. Neeley said he did not have an ax to grind, he did not cut any deals, he is not mad at anyone, so if anyone has anything to talk to him about, he would be happy to do it. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on May 1, 1995, and attached hereto as a part of these minutes as Exhibit A. Mayor Shelton declared the public hearing open to consider the petition of Karen Pentecost for a change in zoning from a Two Family Dwelling District (2F) to a Two Family Dwelling District (2F with a Specific Use Permit Institutions of Philanthropic Nature (9) on Lot 7, City Block 62, number 567 Pine Bluff Street. City Manager Malone advised the Council that the Planning and Zoning Commission had denied the requested zoning change as there was considerable opposition to this petition, and a number of residents presented a petition which each of the Councilmembers should have a copy of a petition signed by persons in opposition of the zoning change. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, and William Trumbly, 549 Pine Bluff Street, appeared before the Council stating that he was opposed to the zoning change and pointed out that there were people speaking in favor of the zoning change at the Planning and Zoning meeting, and they would never state how many other such facilities they operated, where they were located, or how they were operated. They were asked three times to state the range of crimes that these individuals were accused of before they went to prison, and at the end they stated simply that it was a substance abuse. They would not state the range of crimes, they would never change from female to male prisoners, nor that they would never exceed their maximum limit that they stated which was eight and for these reasons he was more opposed now then he was at the Planning and Zoning meeting. Mayor Shelton asked for a show of hands of people in the audience which was approximately 10 to 15 people in the audience in opposition. 153 No one else appeared before, and the public hearing was declared closed. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to deny the zoning change of Karen Pentecost for a change in zoning from a Two Family Dwelling District to a Two Family Dwelling District with a Specific Use Permit Institutions of Philanthropic Nature on Lot 7, City Block 62. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open on the petition of Carla Jackson for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service (NS) on Lot 6, City Block 63, number 636 6th N. E. Street. Mayor Shelton called for proponents to appear, and Carla Jackson appeared in behalf of her petition for a change zoning. Ms. Jackson stated that her plans were to establish a barber shop at this location. June Keys was present speaking in favor of the zoning petition. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Clifford authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Two Family Dwelling District to a Neighborhood Service on Lot 6, City Block 63. The motion carried 7 ayes, 0 nays. City Manager Malone tailed for consideration of and action on approval of the final plat for Lots 4 -A and 4 -B, City Block 286. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the Final Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the preliminary plat for Country Meadows. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the preliminary plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on approval of the Replat of Lot 7, of the Blake Terrace Addition. City Manager Malone advised the Council that the Planning and Zoning Commission had tabled action on the Replat because of a question regarding the property!line. After discussion, a motion was made by Councilman Fulbright, seconded Councilman Bell to table action on the Replat of Lot 7, of the Black Terrace Addition. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Philip M. Wells, Lot 1, Block 4, Highland Park Addition, located at 2004 Cleveland, from Single Family Two Dwelling District to Two Family Dwelling District; Hayden Swaim, Lots 1, 2, 3, 4, 5, 19, 20, 21, 22, 23, and 24, Block C, Block A Cedar Park Addition, located on S. E. 40th Street, from Single Family Three District to Planned Development B District; Randy Roam, Lot .1_ - -1 C ..:197, 1878 West Maple, from Single Family Two District to N6-ig o'o' Service District; Tommy Lee Norris, Lot 44, Block A, East Park Addition, 1603 `N. E. 10th, from Single Family Three Dwelling District to Neighborhood Service District; George Marks, Lot 5, City Block- 71, from Single Family Dwelling No. 3 District to Single Family Dwelling District No. 3 and Specific Use Permit (39). Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting June 5, 1995, and before the City Council June 8, 1995. City Manager Malone welcomed Charles Meeley to the City Council and stated that Mr. Neeley is a man of honor and would be an asset to the City of Paris. City Manager Malone mentioned that in the next four billing cycles of the water and wastewater bills which that are going out beginning this Friday, we will have an enclosure concerning the residential collection policy stating that the City of Paris providing twice weekly residential trash collection to the residents of Paris having a water meter and paying the monthly residential sanitation charge. City Manager Malone said this would be a blue form and it will tell all the guidelines for that service, the bulk item pickup, and all the regulations involved including a map on the back of the form. City Manager Malone said this is normally given to customers generally when they sign up for water service, and the City has this published in the Paris News periodically. City Manager Malone displayed a City of Paris voting district map and explained that the City of Paris has had a redistricting of the 'City's boundaries for the various election districts. There are seven single member districts in Paris, and the boundaries have been redrawn to properly apportion the number of voters in each district, and to comply with federal law. City Manager Malone said this has all been forwarded to the U.S. Justice Department, been approved by them, and as you know, this Saturday we are having an election in three of our districts, that being District No. 4, District No. 5, and District No. 7. City Manager Malone advised that the polling places for the election will be Aikin Elementary School for District No. 4, Crockett Middle School for District No. 7, and City Hall Annex West for District No. 5 There being no further busines ATTEST: MATTIE CUNNINGHAM, C TY CL 154 J 155 MINUTES OF THE PLANNING AND ZONING COMMISSION ' Monday, May 1, 1995 The Planning and Zoning Commission met Monday, May 1, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 5. Marshall Kent 2. Nadine Ausbie 6. Curtis Fendley 3. Eva Flenniken 7. Joe McCarthy 4. Richard Hunt Earl Smith, City Engineer was also present. The meeting was called to order by Reeves Hayter. Minutes of the Monday, April 3, 1995 meeting were approved as submitted by a motion from Nadine Ausbie and seconded by Richard Hunt. 1. Public Hearing to consider the petition of Wayne Young for a change in zoning from a Two Family Dwelling (SF -2) to a Single Family Dwelling District No. 3 (SF -3) and Specific Use Permit Mobile Home (39) on Lot 5, City Block 5I -C, located at 908 Graham Street was withdrawn. 2. Public Hearing to consider the petition of Karen Pentecost for a change in zoning from a Two Family Dwelling District (2F) to a Two Family Dwelling District (217) with a Specific Use Permit Institutions of Philanthropic Nature (9) on Lot 7, City Block 62 located at 567 Pine Bluff Street. Maxine Martinez from Belton, Texas, a counselor for the Prison System, spoke in favor of the petition. She stated the facility would be limited to eight (8) women and each one would be strictly screened. Martha Hudson and Dorothy Taylor both with the Prison System and from Ft. Worth, spoke in favor of the petition. All three stated the women placed here would have jobs. William Trumbly of 549 Pine Bluff presented a petition signed by property owners in opposition to zoning change. He also questioned funding as well as suitability of petitioners answers to the zoning request. Ann Rogers of 410 N.E. 6th voiced her concern for safety especially for the senior citizens. Mark Blodgett of 750 Pine Bluff stated the property was a Historic Place and should not be used in this manner. June Key of 410 N.E. 6th said this should be placed elsewhere with more open space. Marie Love of 509 Pine Bluff spoke in opposition along with W.A. Wallace of 351 N.E. 6th. Linda Ausmus of 645 Pine Bluff asked what guarantee they had that parolees would turn out good. John Cooper of 251 N.E. 5th questioned the management of the property and voiced his concern of property devalue. Dora Bailey of 550 E. Cherry questioned why this location was chosen. Maxine Martinez responded to the citizens concerns by stating that this would be a Christian home. She had counseled with prisoners for one year and was sure that the women had changed. She also stated she was unaware that this property was historical in nature. Ms. Martinez said she would be in charge of the home and it was not a halfway house. There would be no drugs or drinking. There would be from four with no more than eight residents and that the clients were mostly in prison for substance abuse. A motion was made Curtis Fendley and seconded by Nadine Ausbie to deny the petition, the motion carried by a vote of 7 ayes and 0 nays. 3. Public Hearing to consider the petition of Carla Jackson for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service (NS) on Lot 6, City Block 63 located at 636 N.E. 6th. Carla Jackson addressed the Commission with her request to open a barber shop. June Keys spoke in support of this petition. There was no opposition. A recommendation to approve was made by Joe McCarthy, seconded by Nadine Ausbie and carried by a vote of 7 ayes and 0 nays. 4. Consider recommendation of the Final Plat for Lots 4 -A & 4 -B, City Block 286. A motion to excuse Mr. Curtis Fendley was made by Marshall Kent and seconded by Richard Hunt with a vote of 6 ayes and 0 nays. A motion was made by Nadine Ausbie to approve the final plat subject to City Engineers recommendation dated April 27, 1995, seconded by Joe McCarthy and carried by a vote of 6 ayes and 0 nays. A motion to return Mr. Fendley to the meeting was made by Marshall Kent and seconded by Richard Hunt and carried 6 ayes and 0 nays. 5. Consider recommendation of the Preliminary Plat for Country Meadows. A motion to approve was made by Curtis Fendley and seconded by Joe McCarthy. The motion carried with a vote of 7 ayes and 0 nays. 6. The Planning and Zoning considered the replat of Lot 7, of the Blake Terrace Addition. A motion was made by Curtis Fendley to table this item and refer to the City Attorney to consider the boundary of the property. Joe McCarthy seconded the motion and the motion carried by a vote of 7 ayes and 0 nays. This item will be reconsidered at the June Planning and Zoning meeting. Thank you, < =� ` Earl Smith REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PARIS May 8, 1995 The City Council of the City of Paris met in regular session, Monday, May 8, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the - information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and minutes of the Paris Public Library Advisory Board, and the Paris /Lamar County Board of Health being furnished with no action required. The Quarterly Report for the Paris Economic Development Corporation was presented by Mr. Gary Vest, Director of Economic Development /Chamber of Commerce, C. E. 0. Mr. Vest said that this is the first quarterly report that has been made from the PEDC, and they would be making one for each quarter which will be in addition to the annual report that the President makes each year. Mr. Vest said the organization has a very aggressive program of work that they are operating under, and gave the Council a copy of that along with a marketing plan. One of the marketing plan was to start a national advertising program, and the first add they did which came out in a publication put together by the Texas Department of Commerce called the "Texas Outlook ", and Mr. Vest also distributed those to the Councilmembers. This book is used by the Texas Department of Commerce throughout the year for any type client inquiries or companies that are requesting information for the Department of Commerce. Mr. Vest said they also coordinated with the Regional Group called the "Northeast Texas Economic Developer's Roundtable ". Mr. Vest said that the advertisement has also been run in several other magazines such as Business Facility which is a national magazine which primarily goes to CEO's of major corporations, also to real estate executives. Mr. Vest said to let the Council know the response they have had today, they have had 33 contacts because of the advertisement in these publications, and also they have had a very close working relationship with our allies. There has been several projects at the PEDC such as the Soup Road Project and the sewer line that was built at the B & W Plant, both of these were good projects because they helped some of our major existing industries. Mr. Vest said that one thing that he believes in, and knew the PEDC Board supports him i-n this is that we have to take care of the industry that we have, we have to make sure they are happy, and they tell a good story about Paris. In order to acquire new industry, that is just one of the things you have to do, this will help our community to grow in the future, and also help us when those companies thinks about expansion. Mr. Vest said there were several projects on the table, one is the new entrance road to T & K Machine which also serve as the back entrance to the northwest industrial site, that is a site that is owned by the Paris Industrial Foundation which guided himinto the next project that they have on the table, and that is acquisition of 10 acres in that industrial site. On that 10 acres they plan to build a model building, and one of the things they have discovered, they are missing out on a lot of projects because we do not have a place to put them, we do not have any industrial buildings in Paris. The PEDC's plan is to build a 60,000 square foot model building with 32 foot clear height in side. In vesting with several of the allies, and they all told they there was a great need for available buildings, and based on the report received from them, this size they felt would have the most practical use as far as current prospects. Another project recently approved by the PEDC is the Electro Mechanical Technology Program through Paris Junior College. Mr. Vest said this program was set up by Paris Junior College and they came to the PEDC to request funding for the first two years based on a demand for our local industry, and the Electro field is a field where some of our existing industry have a great need of employees, and basically they have been going outside our area to recruit these type of employees, so what they have done is set up a program through PJC to start this training program after the first two year it will be self- supporting, and they will have enough contact hours that the State will pay for the course to be continued. City Manager Malone announced that the next item with minutes of the Traffic Commission which is attached here to and made a part of these minutes as Exhibit A. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance closing Center Avenue beginning at the east boundary line of 3rd Street N. E., east to the west boundary line of 6th Street N. E. within the Fairgrounds property, and advised that it was the recommendation of the Traffic Commission for closure of this street. A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing preparation of an ordinance closing Center Avenue beginning at the east boundary line of 3rd Street N. E., east to the west boundary line of 6th Street N. E. The motion carried 7 ayes, 0 nays. City Manager Malone called for the canvass of returns of the City of Paris General Election held on May 6, 1995 for electing Councilmembers from District No. 4, 5, and 7 of the City of Paris. The returns were presented to Mayor Shelton and read aloud. Resolution No. 95 -042, resolving 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 respective voting boxes in such election, it is declared and determined that Alan R. Boyd is the person receiving the highest number of votes of the votes cast at such election for Councilman from District Four, and is therefore elected to serve as Councilman from District Four and a member of the City Council of the City of Paris for the ensuing two (2) years; it is declared and determined that Richard Hunt is the person receiving the highest number of votes of the votes cast at such election for Councilman from District Five, and is therefore elected to serve as Councilman from District Five and a member of the City Council of the City of Paris for the ensuing two (2) years; it is declared and determined that Eric S. Clifford is the person receiving the highest number of votes of the votes cast at such election for Councilman from District Seven, and is therefore elected to serve as Councilman from District Seven and a member of the City Council of the City of Paris for the ensuing two (2) years, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTIO NO. 95 -042 WHEREAS, an election was held by the qualified voters of Districts 4, 5, and 7 of the City of Paris, Paris, Texas, on the 6th day of May, 1995, for the purpose of voting for and electing the Councilmen from each of said Districts to serve as members of the City Council for the ensuing two (2) years, to -wit: 1. Councilman From District Four (4) 2. Councilman From District Five (5) 3. Councilman From District 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 four (4) specified and designated polling places, that is one polling place in Districts 4, 5 and 7 and early voting of the City of Paris, Paris, Texas; and, WHEREAS, sealed returns of said election, made by the duly appointed and designated election officials of and for the four (4) 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 DISTRICT FOUR (4) A TOTAL OF 47 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT FOUR (4) AS FOLLOWS: Alan R. Boyd Write -In Candidate District Absentee Total 44 3 47 (2) IN DISTRICT FIVE (5) A TOTAL OF 96 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT FIVE (5) AS FOLLOWS: District Absentee Total Richard Hunt 46 34 80 B. L. Wilhite 13 3 16 Write -In Candidate (3) IN DISTRICT SEVEN (7) A TOTAL OF 382 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT SEVEN (7) AS FOLLOWS: District Absentee Total Eric S. Clifford 189 63 252 Don Holladay 109 21 130 Write -In Candidate 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 Alan R. Boyd is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Four (4), and is therefore elected to serve as Councilman From District Four (4) and a member of the City Council of the City of Paris for the ensuing two (2) years; that Richard 161 IIunt is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Five (5), and is therefore elected to serve as Councilman From District Five (5) and as a member of the City Council of the City of Paris for the ensuing two (2) years; that Eric S. Clifford is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Seven (7), and is therefore elected to serve as Councilman From District 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 regular session convened pursuant to the directions of the Election Code of the State of Texas, on this the 8th day of May, 1995. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cie APPROVED AS TO FORM: T. K. ayn , City Attorney 162 Thomas E. Hunt III, Municipal Judge,�administ ered the oath of office to Alan R. Boyd, Richard Hunt, and Eric S. Clifford, and Certificates of Election were also presented the the newly elected Councilmembers by Mayor Shelton. The newly elected Councilmembers assumed their seat at the Council table. Mayor Pro Tem Clifford presented plaques to Millie Ingram McDonald, and Mayor Shelton for their outstanding service to the City of Paris. Mayor Pro Tem Clifford declared that nominations were open for Mayor. Councilman Fulbright nominated Mayor Pro Tem Clifford, the nomination was seconded by Councilman Bell, and made a motion that nominations be closed, and Mayor Pro Tem Clifford was elected Mayor for the City of Paris for 1995 -96. Mayor Clifford declared that nominations were open for Mayor Pro Tem. Councilman Bell nominated Councilman Fulbright for Mayor Pro Tem, the nomination was seconded by Councilman Jenkins, and made a motion that nominations to cease, and Councilman Fulbright was elected Mayor Pro Tem. Mayor Clifford presented a plaque and proclamation in recognition of Dr. G. Bert Strom for service as Co- Medical Director of the Emergency Medical Service from September 9, 1985, to April 10, 1995. Under Personal Appearances, Ms. LaQuita Whitlock, 2645 W. Houston, presented a petition from property owners requesting the paving of West Houston Street from the 2500 Block of West Houston to the 2700 Block. Ms. Whitlock told the Council that there was a tremendous amount of dust on this street, and they were request an asphalt street, ditches because of the drainage, and may be curb and gutter later. Ms. Whitlock asked for consideration from the Council. Mayor Clifford said one of his goals in the upcoming year is to come up with an ongoing program to upgrade these streets, and if the property owners want to share in the cost on an assessment basis, some area they will and some they will not, but the Council will be meeting with city staff to come up guidelines, and the manner of financing this program. Mayor Clifford assured Ms. Whitlock that her petition would be taken into consideration. Mayor Clifford declared the public hearing open for the purpose of receiving any and all information germane to Lone Star Gas Company's request for rate increases, filed in the form of a schedule of rates with the City of Paris on the 2nd day of March, 1995. Mayor Clifford called for those who wish to speak in favor of the rate increase of Lone Star Gas Company, and Mr. Roy Sparks, Area Manager for Lone Star Gas Company, came forward telling the Council that a rate increase in never popular and this increase is almost a 12% increase, but he has had the pleasure of working with the city staff, and he felt like that the rate can be adjusted downward. Mr. Sparks said he would like the opportunity to continue negotiation with city staff where they could possibly reach a resolution. No one else appeared, and the public hearing was declared closed by Mayor Clifford. ORDINANCE NO. 95 -015 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 6, CITY BLOCK 63, ON PROPERTY BELONGING TO CARLA JACKSON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (20; DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1995 A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -016 AN ORDINANCE CLOSING THE STREET KNOWN AS CENTER AVENUE, ALSO KNOWN AS CENTER STREET, BEGINNING, APPROXIMATELY AT THE EAST BOUNDARY LINE OF 3RD STREET, N. E. , EAST TO THE WEST BOUNDARY LINE OF 6TH STREET N. E. WITHIN THE FAIRGROUND PROPERTY; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 8, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Neeley for adoption of the ordinance. The motion carried 5 ayes, 2 nay, Councilman Fulbright and Councilman Jenkins voting no. City Manager Malone called of and action on bids received at a public bid opening 'for furnishing and delivery of Bank Note Type Paper for Vital Records for the City Registrar, and the following bids were received: COMPANY SHEET Texas County Printing PAPER SIZE 8 1/2" x 11" NUMBER OF SHEETS BID AMOUNT 500 Sheets 1,000 Sheets 2,500 Sheets 5,000 Sheets 10,000 Sheets One Time Plate Charge Delivery Time Texas County Printing COMPANY SHEET PAPER SIZE 8 1/2" x 14" 500 Sheets 1,000 Sheets 2,500 Sheets 5,000 Sheets 10,000 Sheets One Time Plate Charge Delivery Time $ 234.52 $ 401.14 $ 704.15 $1,115.00 $1,780.00 20 days $ 261.75 $ 455.59 $ 975.00 $1,295.00 $2,100.00 PAPER SIZE 8 1/2" x 11" 20 days NUMBER OF SHEETS BID AMOUNT Hart Information Services 500 Sheets 1,000 Sheets 2,500 Sheets 5,000 Sheets 10,000 Sheets One Time Plate Charge Delivery Time PAPER SIZE 8 1/2" x 14" Hart Information Services 500 Sheets 1,000 Sheets 2,500 Sheets 5,000 Sheets 10,000 Sheets $ 655.00 $ 740.00 $ 990.00 $1,495.00 $2,357.00 $ - 20 days $ 725.00 $ 807.00 $1,057.50 $1,560.00 $2,678.00 One Time Plate Charge $ - Delivery Time 20 days .47Q .40t .28t .22¢ .18t .52t .46t .39t .26t .21¢ 1.31 .74¢ .40¢ .30t .24t 1.451 .81t .42t .34 .27¢ PER PER COMPANY American Bank Note Co. American Bank Note Co. COMPANY SHEET PAPER SIZE 8 1/2" x 11" NUMBER OF SHEETS BID AMOUNT Minimum Order - 1,000 Sheets 1,000 Sheets $ 581.50 2,500 Sheets $ 879.60 5,000 Sheets $1,305.12 10,000 Sheets $2,236.00 One Time Plate Charge $157.25 Delivery Time 21 days PAPER SIZE 8 1/2" x 14" $1,875.00 18.7¢ Minimum Order - 1,000 Sheets 1,000 Sheets $ 581.60 2,500 Sheets $ 870.60 5,000 Sheets $1,305.12 10,000 Sheets $2,236.00 One Time Plate Charge $157.25 Delivery Time 21 days PAPER SIZE 8 1/2" x 11" NUMBER OF SHEETS BID AMOUNT .58t .35� .26¢ .22t .58t .35t .26t .22t PER PER Scott Merriman 500 Sheets $ 387.50 77.51 1,000 Sheets $ 512.50 51.21 2,500 Sheets $ 992.18 39.6¢ 5,000 Sheets $1,625.00 32.51 10,000 Sheets $1,875.00 18.7¢ One Time Plate Charge $ - Delivery Time 40 days PAPER SIZE 8 1/2" x 14" 500 Sheets $ 426.25 85.2¢ 1,000 Sheets $ 563.75 56.31 2,500 Sheets $1,092.18 43.6¢ 5,000 Sheets $1,787.50 35.71 10,000 Sheets $2,062.50 20.61 One Time Plate Charge $ - Delivery Time 40 days City Manager Malone advised that it was the recommendation of the City Clerk, Mattie Cunningham, that the bid be awarded to Texas County Printing for 5,000 sheets of 8 1/2" x 11" Bank Note Paper in the amount of $1,115.00, $1,295.00 for and 5,000 sheet,4. ;A 112" x a total cost of 16'60. A motion was made by Councilman Clifford to award the bid to Texas County Printing for 5,000 sheets of 8 1/2" x 11" and 5,000 sheets of 8 112" x 14" of Bank Note Paper for a total cost of $2,410.00. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. City Manager Malone advised the Council that in connection with Agenda Item No. 9, which was the public hearing concerning the Lone Star Gas Company's rate increase, there are a variety of actions that are available to the Council. The Council can take the first step to deny rate request by authorizing an ordinance; the Council may take the first step to granting a rate request by authorizing an ordinance; the Council can authorize the hiring of an consultant to evaluate the Lone Star Gas Company rate request; direct the City Manager and City Attorney to negotiate the rate with Lone Star Gas Company. City Manager Malone told the Council there are several items on the agenda in anticipation of, and it is up to the Council as to what selection that they wish to make, or if there is other actions they would like to take. Mayor Clifford voiced his feelings that he would like to see the City continue to negotiate with Lone Star Gas, but what he has picked'up in the community,,.if we grant any rate increases there is going to be some out there that will be opposed to it, if we do not grant a rate increase, then Lone Star will appeal to the Railroad Commission, and what he would like City Staff to do is continue to talk to them, try to see what we agree can on, and what we do not agree on, but feel that we will have to have some rate analysis done for the City so that we can make a decision that will be best for all concern. Mayor Clifford pointed out to the Council that when we employ a rate consultant the fee for them will be added and built in to the rate granted to Lone Star Gas. After discussion, a motion was made by Councilman Fulbright, seconded by Councilman Bell to table Agenda Item No 12.A. Authorizing the City Manager to procure professional consultants to perform a rate study on Lone Star Gas Company's request for rate increases, and Agenda Item No. 12.B., Authorizing and directing the City Manager and City Attorney to negotiate the gas utility rate for the City of Paris with Lone Star Gas Company, and instructed the City Manager and City Attorney to continue to negotiate with Lone Star Gas Company and bring the Council a quote on a rate study sometime next week. The motion carried 7 ayes, 0 nays. Resolution No. 95 -044, appointing Alan R. Boyd to serve the unexpired term of Wayne Brown, which ends December 31, 1995, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays, Councilman Bell was out of the room. 167 RESOLUTION NO. 95 -044 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 90 -026, on the 12th day of March, 1990, authorize the execution of a contract with the Chamber of Commerce of Lamar County, Inc. providing for the use of hotel occupancy tax funds to promote and advertise the City of Paris; and, WHEREAS, the Chamber of Commerce created the Visitors and Convention Council to carry out its contractual obligations to administer the use of said hotel occupancy tax funds; and, WHEREAS, the Mayor, the one Council Member herein appointed, and the City Manager are full, voting members of the Visitors and Convention and Council; and, WHEREAS, there exists a vacancy in the City's representation on the membership of the Visitors and Convention Council of the Chamber of Commerce of Lamar County due to the resignation of Wayne Brown and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, has appointed Alan Boyd to serve the unexpired term of Wayne Brown, which ends December 31, 1995, and has submitted the name of such person to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Alan Boyd to serve the unexpired term of Wayne Brown, which ends December 31, 1995, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County be, and the same is hereby, confirmed. PASSED AND ADOPTED this 8th day of May, 1995. Eric S. afford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, Cify Attorney Resolution No. 95 -045, appointing Alan R. Boyd to serve in the position formerly held by Wayne Brown as a member of the Visitors and Convention Council Work Program and Budget Approval Committee of the City of Paris, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the resolution. The motion carried 6 ayes, 0 nays, Councilman Bell was out of the room. RESOLUTION NO. 95 -045 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution _ No. 90 -026, on the 12th day of March, 1990, authorize the execution of contract with the Chamber of Commerce of Lamar County, Inc. providing for the use of hotel occupancy tax funds to promote and advertise the City of Paris; and, WHEREAS, the Chamber of Commerce created the Visitors and Convention Council to carry out its contractual obligations to administer the use of said hotel occupancy tax funds, and the City of Paris created the Visitors and Convention Council Work Program and Budget Approval Committee to ensure that the use of said tax funds complies with the statutory limitations; and, WHEREAS, the Mayor, the one Council Member herein appointed, and the City Manager comprise the Visitors and Convention Council Work Program and Budget Approval Committee which has final approval authority over the proposed annual program of work and budget for the Visitors and Convention Council; and, WHEREAS, there exists a vacancy on the membership of the Visitors and Convention Council Work Program and Budget Approval Committee of the City of Paris due to the resignation of Wayne Brown and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, has appointed Alan Boyd to serve in the position formerly held by Wayne Brown, and has submitted the name of such person to the City Council for confirmation; NOW, THEREFORE, — BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Alan Boyd to serve in the position formerly held by Wayne Brown as a member of the Visitors and Convention Council Work Program and Budget Approval Committee of the City of Paris be, and the same is hereby, confirmed. PASSED AND ADOPTED this 8th day of May, 1995. �;47�� Eric S. Clifford, --&4ayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. Haynes, "y Attorney 168 RESOLUTION NO. 95 -046 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -149 authorize an application to be made to the Office of the Governor, Criminal Justice Division, for the Juvenile Justice and Delinquency Prevention Act grant; and, WHEREAS, the Office of the Governor, Criminal Justice Division has issued its Grant Award, entitled, "JUVENILE JUSTICE RESOURCE OFFICER" for the year beginning April 1, 1995, ending March 31, 1996, in the amount of $64,449.00, which partially funds a project in the total amount of $128,898.00, which requires a 50 % local matching cash contribution of $29,666.00 of which City of Paris and the Paris Independent School District each will pay one -half, with the remainder of the 50% match in the amount of $34,783.00 being provided id in -kind services provided partially by Paris Independent School District in the form of counselling services, office space and furnishings with the City providing a patrol unit, radios, etc.; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on April 12, 1995; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to improve the Juvenile Justice and Delinquency Prevention Program in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Juvenile Justice and Delinquency Prevention Act grant be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris, the Grant Acceptance Notice in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 8th day of May, 1995. Eric S. Clifford, Mayor ATTEST: � % �_ q n " ) Mattie Cunningham, City C1 k APPROVED AS TO FORM: i . K. ynes, C' Attorney 1 / 0 171 OFFICE OF TIIE GOVERNOR CRIMINAL JUSTICE DIVISION 'George W. Bush Karen J. Greene Governor Executive Director GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Paris , hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Juvenile Justice Resource Officer , and further identified by grant number JA- 95 -C15 -08150 ; and _ Whereas, the Governor of the State of 'Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office dated APR t 2 1995 which contained certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure-. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Governor's Office, Criminal Justice Division. Certified By: Signature of Project Director Earl Louis, Chief Paris Police Name & Titic(must print or type) 811 Bonham Street Official Agency Address(street or post office box) Paris, TX 75460 (903) 737 -4140 City /Zip Code /'Telephone Number Date: May 8, 1995 Signature of Financial Officer W. E. Anderson, Director of Fin. Name & Title(niust print or type) - P. 0. Box 9037 Official Agency Address(street or post office box) Paris, TX 75461 (_903) 785- -7511 City /Zip Code /Telephone Number Signature of Authorized Official Michael E. Malone, City Manager Name & Title(must print or type) 1'. 0. Box 9037 Official Agency Address(street or post office box) Paris. TX 75461 _(903) 785 -7511 City /Zip Code /Telephone Number EXHIBrT A Resolution No. 95 -047, authorizing the execution of Change Order No. 2 and Final for the Booster Pump Station Project No. 92- WSRB- 01 -93, and further authorizing the Mayor of the City of Paris, Eric Clifford to execute on behalf of the City of Paris, the Change Order No. Two and Final in the amount of $1,163.69, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 9s -047 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -100, award the contract for BOOSTER PUMP STATION PROJECT NO. 92WSRBOI -93 to OSCAR RENDA CONTRACTING, INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. Two and Final attached hereto as Exhibit "A ", which provides for a net increase in contract price of $1,163.69 for the purpose of installing sensors to pump motors for a total of $2,090,494.69, and such form should be approved, and adding 64 days to contract time for rain delays, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the BOOSTER PUMP STATION PROJECT NO. 92WSRBOI -93 contract is hereby amended by Change Order No. Two and Final attached hereto as Exhibit "A ", providing for a net increase in contract price of $1,163.69 for the purpose of installing sensors to pump motors for a total of $2,090,494.69, and adding 64 days to contract time for rain delays, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. Two and Final. PASSED AND ADOPTED this 8th day of May, 1995. Eric S. Clifford, Mayor ATTEST: I -D�r. t% ry n Mattie Cunningham, City Cl 9r APPROVED AS TO FORM: T. K`jHaynes,_"y Attorney 172 CHANGE ORDER^ - -- ~ ITUTT NAME OF PROJECT: Booster Pump Station OWNER: 92 WsRB 01 -93 City of Paris, Texas Order No. Two (final) Date: March 27, 1995 Agreement Date CONTRACTOR: Oscar Renda Contracting, Inc. December 17, 1993 The following changes are hereby made to the CONTRACT DOCUiVIENTS: Adding 64 days to contract time, and $1,163.69 to contract amount. justification: Rain delays justify time extension, and installing sensors to pump motors justifies increased contract amount. Change to CONTRACT PRICE: Original CONTRACT PRICE 2,080,000.00 Current CONTRACT PRICE adjusted by previous CHANCE ORDER S 2.089,331.00 The CONTRACT PRICE due to this CHANCE ORDER will be (increased) fw d+ i by: $ 1,163.69 The new CONTRACT PRICE including this CHANCE ORDER will be S 2,090,494.69 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (k a asedf by 64 calendar days. The date for completion of all work will be March 20, 1995 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLE- MENTAL CENERAL CONDITIONS. Requested by: Recommended by: Ilayter Engineering, Inc. Ordered by: ;T-x of Paris, Paris, Texas Eric s. ciluord, Mayor Accepted by: Oscar Renda Contracting, Inc. ATTEST: ........ :• . .. Mattle Cunningham, C'%l Approved as to Form: CONTRACT DOCUMENTS FOR CONSTRUCTION OF T.K. Haynes, City Attorney FEDERALLY ASSISTED WATER AND SEWER PROJECTS EXHIB.1T A Document Nc Change Order: Pepe 1 Resolution No. 95 -048, authorizing the execution of Change Order No. 1 for the Water Treatment Plant Expansion VOL. 1- Expans ion, Project No. 92- WSRB- 03 -93, and authorizing the Mayor of the City of Paris, Eric Clifford to execute said Change Order No. One in the amount of $29,588.68, was presented. A motion was made by Councilman Neeley, seconded by Councilman 1=ulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94 -110, award the contract for WATER TREATMENT PLANT EXPANSION 92WSRB03 -92 to ARCHER- WESTERN CONTRACTORS, LTD.; and, WHEREAS, the City Engineer, Earl S. Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. One attached hereto as Exhibit "A ", which provides for a net increase in contract price of $29,588.68 for the purpose of modifications in the scope of work described in Change Order Exhibit for a total of $4,813,553.68, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the WATER TREATMENT PLANT EXPANSION 92WSRB03 -92 Project, contract is hereby amended by Change Order No. One attached hereto as Exhibit "A ", providing for a net increase in contract price of $29,588.68 for the purpose of modifications in the scope of work described in Change Order Exhibit for a total of $4,813,553.68, which is, in all things, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed, on behalf of the City of Paris, to execute said Change Order No. One. PASSED AND ADOPTED this 8th day of May, 1995. Eric S. Cliffor , Mayor 11 ATTEST: i Kl_�S�_ . - __r'aCX W_"' Mattie Cunningham, City Cler APPROVED AS TO FORM: . K. Haynes, My Attorney 174 175 cl-UN YID ORDER (instructions on n:vcrse side) No. 1 PRUDE Ci Water Treatment Plant• rgppnsion Expansion DATE OF ISSUANCE. . .............................. F, WE C INT DATI............. ............................... OWNER............ ............................ ............................... Ou•'NER's ConintctNo. 92WSRB03 -9.2 ....................... CONMACTOR Archex- We~sl;exn ENGIIdELR ..?)t!chcx,_.Wi.lW . h. RatJ if E.......... Contractors, Ltd. You are directed to tn:ilce the following ch:mgn in the Contract. Documents Description: See Attachment Rmi>on for Change Order See Attachment Attachments: (List documcnts supporting change) See Attachment - - - -- (MANGE, 114 CONTRACT PRICE: CHANGE 1711 CONT'lUCT TL74O. S: 061vil,nl Ccll,trict Price Orkiani t:et,tr4ct Tilt - SUIr.lArlUM CDA114ttioM Per Con t r arc, S 4, 783 965.00 _L_,__- _ -____ Reidy fm rml tx,yuk -ni: YWYIY'Y•NYSlY.'+IIJ•Y.�RM Rein previous Cl:artra CNdcrs No. — to No. _ Y,W Net drinac from previart: Chnnec. Ot;:crs No. _ to No. S N/A N/A J." .or Cont.-.=t Prx e pr: to thi: L'l r�. One- Contract Times -rinr to Ihts amcge [x-tkr Soh:tnnrnt C*mple.60l: P�r�o.atrac t__ ,• 4.783.965.00 Re.-fly for firma payurnt: It:lyl M lfllrt YwTrrtM•lrv•.TAIRn. Chit. -„ • On!er He: it :r:.r. (dcer_rse) ei !!u Cl::.r;z Order - 29,588.68 _ 0 Days - - y,. CnnUaa Price !Yi!.>t •±2! a; ;nvvcYl Chr ;r : Orrc,= Centr_cr i:xs t :itl: nll 1,^pm:cr! C�^n Onlers rY 4,813,553.68 - - - �I,bstv,GnlClurpleGulr. Per Contract P•.eady for filtnl payment It ECGt rt, {rNUBD: APT- RQVF.D• ACCGCf (?D: ny. Ergeser lhudx•iral $iyl,vfure, pj - -- l'n,+vrl�l.xl..:enl R: •awrl py. ., `CMfrM:UY IAVII„ �, i(nl :Gp,alnrr) DMIC• l�StC" �jtG• I-JCDC No. 1910-3- i1(1990 Ecliiion) t'Ix-T tined by the Ttt }grrrr•.: ioint Contract CXruments Com r Itel alxl rnJrlr :d by'flx Asiociatcd t;encrnt Contactors of Antcrich_ APPROVED as to form: FYPIRIT A Attachment to Change Order No. 1 Paris, Texas - Water Treatment Plant Expansion Vol. I - Expansion Under the terms of the above referenced contract-, the following modifications in the scope of work are hereby submitted. DESCRIPTION PRICE CHANGE 1. Relocate the 24" Butterfly Valve IIV -104 from its current location to the proposed location in the existing 24" Filtered Water Line adjacent to the 500,000 gallon Clearwell as detailed by letter dated January 26, 1995 ................................... Add $8,627.30 2. Add 16 -Ft gate at the West Chemical Building as detailed by letters dated December 19, 1994 and January 27, 1995 ......... ......................... ....... Add $831.20 3. Replace the Existing Lime Feed Equipment with the new equipment from Stanco Projects, Inc. as detailed by letter dated January 27, 1995 ........................ Add $11,602.35 4. Provide three (3) 2 inch Chlorine Corporation Stops and Quills as detailed by letter dated January 27, 1995 ............. ............................... Add $1,059.15 5. Additional waterline installation at Lime - Carbon Silos as detailed by Letter dated January 27, 1995 . .................. Add $1,961.98 6. Delete proposed handrails between sedimentation basin 1 and 2 and between basins 3 and 4 (680 LF) Relocate two (2) safety chains to entrances from the flocculation area to the sedimentation basin walkway. The safety chains were previously located at the east end of the sedimentation basin walkway. Relocate proposed handrail to replace existing handrail previously to remain on the existing sedimentation basins (240 LF). Relocate proposed handrail to replace existing handrails previously to remain on the filters. Add one (1) safety chain at entrance of the proposed stairs on the filters (90 LF) Net deduction of handrail is 350 LF ................... Deduct $9,105.70 7. Connect existing 20" lake crook line to the new 36" raw water line as detailed by letter dated March 1, 1995 ................ ............................... Add $9,483.97 8. Replace existing 48" Filtered Water Line Flange belts at Filter Gallery as detailed by Ietter dated March 1, 1995 .... ............................... Add $5,757.77 9. Provide connection, and additional 20 flange fittings due to 20" pipe interference at filter gallery wall as detailed in letter dated March 14, 1995 .......... ............................... Add $3,292.97 10. Provide new C- Channels at the new Rapid Mix Basin for the 1985 mixers as detailed in letter dated March 14, 1995 ...... ............................... Add $1,495.00 11. Provide construction heart redwood at the Flocculation baffle walls instead of clear heart redwood as detailed in letters dated March 6, 1995 and March 14, 1995 ............................. Deduct $5,267.00 12. Provide FIVAC changes at the existing filter building as detailed in letters dated March 6, 1995 and March 14, 1995 ............................ .. Add $939.55 13. Delete eight (8) proposed ladders that go into the Flocculation Basin as detailed in letter dated March 16, 1995 ........ ............................... Deduct $2,057.01 14. Provide 2" conduit from Lake Crook Flow Meter Vault to Lake Crook Pump Station as detailed in letter dated March 22, '1995 ..... ............................... Add $967.15 The estimated net amount increase in the contract amount due to Change Order No. 1 is $29,588.68 Resolution No. 95 -049, authorizing the execution of a Utility Easement to the Lease Agreement with Direct Outdoor Advertising for the sign located on Lot 6, City Block 276, and authorizing and directing the Mayor of the City of Paris, Eric Clifford to execute Utility Easement, was presented. A motion was made by Councilman Boyd, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. WHEREAS, the City Council of the City of Paris has received a request from Direct Outdoor Advertising to lease property located on Lot 6, City Block 276, for the purpose of constructing, erecting, building and maintaining an advertising structure; and, WHEREAS, Direct Outdoor Advertising has also requested a Utility Easement from the City of Paris on said lot for the purpose of securing access to the advertising structure for lighting and maintenance purposes; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that such Lease Agreement, attached hereto as Exhibit A, be approved and that such Easement, attached hereto as Exhibit B, be granted, and that Eric S. Clifford, Mayor of the City of Paris, be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Eric S. Clifford, be, and lie is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with Direct Outdoor Advertising for property located on Lot 6, City Block 276, upon the terms and conditions and in the form attached hereto as Exhibit A. BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Utility Easement to Direct Outdoor Advertising upon the terms and conditions and in the form attached hereto as Exhibit B. PASSED AND ADOPTED this 8th day of May, 1995. 0 Eric S.'GWqrd, Mayor ATTEST: Mattie Cunningham, City Cle APPROVED AS O FORM: T. K. Haynes rty Attorney HM 179 LEASE AGREEMENT STATE OF TEXAS ) COUNTY OF LAMAR ) LEASE AGREEMENT between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as LESSOR, and DIRECT OUTDOOR ADVERTISING, acting by and through its Division Manager, James Martinez, duly authorized, hereinafter referred to as LESSEE, WITNESSETH For and in consideration of the payment of the sum of SEVEN HUNDRED FIFTY AND N01100 DOLLARS ($750.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $600.00 rent for July 1, 1993, through June 30, 1995, payable on or before July 1, 1995, and $150.00 rent for July 1, 1995, through December 31, 1995, on or before July 1, 1995; said CITY OF PARIS does hereby lease, rent and let unto DIRECT OUTDOOR ADVERTISING the east side of that certain property located on Lot 6, City Block 276. 1. TERM The term of this lease is for six (6) months, beginning on the 1st day of July, 1995, and ending on the 31st day of December, 1995, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for the purposes of constructing, erecting, building and maintaining a 10' x 40' back -to -back advertising structure and supports thereon, together with the right to bill -post and service advertisements upon said structure, and for no other purpose. 2. OPTION It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of six (6) months, the rental for the renewal to be based on the fair market value at the time of renewal, being January 1, 1996. 3. RENT 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 and delay. INrect Ouldnor Adverll+ine - Lense - Page 1 EXHIBIT A 180 4. RENT FOR PREVIOUS YEARS That LESSEE shall pay to LESS.QJ�or July 1, 1993, through June 30, 1995, the amount of SIX AND NO 1100 DOLLARS ($600.00), which said amount shall be due and payable on or before July 1, 1995. 5. OWNERSHIP OF STRUCTURES Any and all advertising structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove the same within a reasonable time upon termination of this Lease or any renewal hereof. 6. RIGHT OF INGRESS AND EGRESS LESSEE and its authorized agent or agents are hereby granted the right of ingress and egress to and from the leased premises over property owned or controlled by LESSOR for the purpose reasonably necessary for the erection, maintenance, changing, or removal of said advertising structure. 7. OTHER ADVERTISING STRUCTURES PROHIBITED LESSOR agrees not to use or permit any use to be made of the herein leased premises, or any other property owned or controlled by said LESSOR that is located within five hundred (500) feet of LESSEE's advertising structures or displays, for any other advertising structures. 8. HOLD HARMLESS That 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 leased premises resulting from LESSEE's, his invitees', agents', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries. 9. WASTE NUISANCE AND UNLAWFUL USE PROHIBITED That LESSEE shall not commit, or suffer to be committed, any waste on the leased Leave Agreement... Page 2 181 premises, nor shall LESSEE maintain, commit or permit the maintenance or commission of any nuisance on the leased premises or use the lease premises for any unlawful purpose. That LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy and use of the leased premises which is or may hereafter be enacted or promulgated by any public authority; or suffer to be committed any waste on the leased premises; or allow the premises to be used for any improper, immoral or unlawful purpose. 10. PROPERTY CONDITION That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up the premises to LESSOR. LESSEE shall not install, erect or provide any device, in addition to such devises 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. 11. INSPECTION That it shall be lawful for LESSOR 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. ASSIGNMENT OF LEASE That LESSEE has the right to assign this lease, only after first having received written permission from the City Manager of the City of Paris, with such assignee having all rights, privileges and obligations contained in this lease. 13. DEFAULT Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations or provisions herein contained, 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. If LESSEE shall at any time abandon such leased property and premises, or shall by any Lease Agreement... Page 3 means evidence its desire or intention to cease to maintain thereon an advertising structure, the LESSOR may, at its option, cancel this ey of written notice of cancellation, signed by the City Manager of the City of Paris, without liability to LESSEE, its heirs or assigns. 14. TERMINATION That either party may, at its option, terminate this lease by giving the other party thirty (30) days notice, in writing, of its intention. In the event that this Lease Agreement is terminated, LESSOR shall refund to LESSEE, within thirty (30) days, any unearned rental paid in advance to LESSOR. In the event that the LESSEE's signs located upon said premises become partially or entirely obscured or destroyed without fault of the LESSOR, or if LESSEE be prevented by law or ordinance or other official regulation from erecting or maintaining its signs, the LESSEE may, at its option, terminate this Lease forthwith, and LESSOR shall refund to LESSEE, upon request, any unearned rental paid in advance to LESSOR. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE and the successors and assigns of LESSOR. EXECUTED ON the dates shown in acknowledgements below. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney By: By: CITY OF PARIS, PARIS, TEXAS, LESSOR: Eric S. Clifford, Mayor DIRECT OUTDOOR ADVERTISING, LESSEE: James Martinez, Division Manager Leine Agreement... Page 4 183 STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, 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 the day of May, 1995. Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared JAMES MARTINEZ, Division Manager of Direct Outdoor Advertising, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, I Notary Public, State of Texas Lcme Agreement... Page 5 UTILITY EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, of Lamar County, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, does hereby give, grant, convey, deliver and confirm unto DIRECT OUTDOOR ADVERTISING, of Paris, Lamar County, Texas, whose mailing address is 3605 N.E. Loop 286, Suite 400, Paris, Texas 75460, a utility easement for the purpose of allowing Direct Outdoor Advertising to secure lighting for its outdoor advertising structure on property described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, and being part of that certain tract.of land conveyed the City of Paris, Paris, Texas, by deed recorded in Volume 238, Page 621, Deed Records of Lamar County, Texas, and being Lot 6, City Block 276, and being more particularly described as follows: BEGINNING at the Northwest corner of said tract conveyed the City of Paris, same being in the South Boundary Line of Loop Highway 286; THENCE South 57 Deg. 09' East with the South Boundary Line of said Loop, a distance of 540 feet, the northeast corner of said tract; THENCE South 2 Deg. 26' 15" East with the East Boundary Line of said tract a distance of 18.38 feet; THENCE North 57 Deg. 09' West a distance of 539.89 feet to a point in the West Boundary Line of said tract; THENCE North 3 Deg. 19' 30" West with said tract's West Boundary Line a distance of 18.44 feet to the place of beginning and containing 0.186 acre of land, more or less. SAVE AND EXCEPT, the easement herein granted is conditioned upon the City of Paris having the right to terminate all or part of this easement in the event the City of Paris declares the need to use the property included in this easement, or any portion thereof, for municipal use. This easement runs concurrently with the Lease Agreement on this tract of land and if, for any reason, said lease terminates, this utility easement terminates at the same time. In the event of termination, the Grantee has the obligation to vacate and abandon the easement by moving all utilities or other property located thereon. In the event of any of the above contingencies, the City of Paris shall give the Grantee thirty (30) days notice in writing of its intention to so utilize the tract, or any portion thereof. TO HAVE AND TO IIOLD the above described property unto Direct Outdoor Advertising for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and maintaining any and all utilities facilities placed therein; RETURN TO: City Attorney P. O. Box 9037 Paris, TX 75461 EXHUT B 18 i. provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities facilities, restore the surface to the condition to which said surface was found when such work was undertaken, and that in the use of said rights and privileges herein granted, Direct Outdoor Advertising will not create a nuisance or do any act that will be detrimental to said premises. Grantor does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, said premises unto Direct Outdoor Advertising against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hands this 8th day of May, 1995. By: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS I COUNTY OF LAMAR ) CITY OF PARIS, PARIS, TEXAS, GRANTOR Eric S. Clifford, Mayor BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor 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 BAND AND SEAL OF OFFICE, this day of May, 1995. Notary Public, State of Texas Resolution No. 95-050, supporting the Red River Basin Chloride Control Project which is believed to reclaim the waters of the Red River and its tributaries as a useful natural resource for all beneficial purposes of the people within the four state region of Texas, Oklahoma, Arkansas, and Louisiana, was presented. A motion was made by Councilman Neeley, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. ♦ i RESOLUTION NO. 95 -050 WHEREAS, the U.S. Army Corps of Engineers is involved in the development and construction of the Red River Basin Chloride Control Project as planned and authorized by Congress through Public Laws 89 -789, 91 -611, and 99 -662 with continued federal funding; and, WHEREAS, a good quality of water is essential to sustain our present and future way of life and economic growth of our communities; and, WHEREAS, the reclamation of the Red River and its tributaries present a viable solution to meet the future water resource needs and economic development for the entire region of the Red River Basin; and, WHEREAS, the Red River Authority of Texas as the designated Local Cooperating Sponsor for the Chloride Control Project has represented that the project is technically and economically feasible, and proposes no known adverse impacts to the environment or the ecosystems; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ThIE CITY OF PARIS, that the City of Paris pledges its continued support of the Red River Basin Chloride Control Project which is believed to reclaim the waters of the Red River and its tributaries as a useful natural resource for all beneficial purposes of the people within the four state region of Texas, Oklahoma, Arkansas, and Louisiana. BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris, Mattie Cunningham, be, and she is hereby authorized and directed to send a certified copy of this Resolution to Ronald J. Glenn, General Manager, Red River Authority of Texas, 900 8th Street, Suite 520, Wichita Falls, Texas 76301 -6894. PASSED AND ADOPTED this the 8th day of May, 1995. Eric W. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, City�Attorney City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance denying Lone Star Gas Company's requested rate increase. A motion was made by Councilman Jenkins, seconded by Councilman Boyd to table action on preparation of an ordinance denying Lone Star Gas Company's requested rate increase. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approving Lone Star Gas Company's requested rate increase. A motion was made by Councilman Jenkins, seconded by Councilman Boyd to table action on approving Lone Star Gas Company's requested rate increase. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on request of property owners on West Houston Street for street paving. Mayor Clifford advised that there is some Certificate of Obligation money, and this Council is going to have to determine allocation of those funds. We might want to deal with this project with that money, we might not, but what he would like to do is table this matter, and have in the near future a meeting to talk about those funds and would like to see this City join in an on going project for unpaved streets. We may want a program where we go out and determine what streets are going to be done and we do it under an assessment basis, or some other basis, but some sort of program like we have now on our asphalt overlay. Councilman Bell, agreed with Mayor Clifford. He felt that we should do some streets from dirt to gravel, then some gravel to oil, and then oil to asphalt with the required drainage improvements if we can. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Jenkins to table action on this matter. The motion carried 7 ayes, 0 nays. City Attorney Haynes told the Council that he felt this is going to require a workshop on this single item in order to review these current requirements for improve street in the City of Paris to see if there is a desire to change those requirements and to review the state law to see what we are permitted to do according to an assessment. Councilman Bell suggested that we invite the people who have presented petitions to come to the workshop and participate in that workshop and understand how this whole process actually works. City Manager Malone called for consideration of and action on authorizing the following projects to be funded by the Certificates of Obligation series 1993; A. Authorizing $200,000.00 for Summer 1995 Hot Mix Asphaltic Concrete Pavement Overlay. A motion was made by Councilman Fulbright, seconded by Councilman Bell authorizing $200,000.00 to be funded by the Certificate of Obligation Series 1993 for the 1995 Hot,,,Mjaltic Concrete Pavement Overly. The motion carried 7-ayes, 0 nays: Under Council Comments, Mayor Clifford stated that he would like to see Mr. Malone get with Chief Louis and look into some increased enforcement of drugs and narcotic in our town, and what options the Chief thinks he needs, or what you might recommend to the Council to give some added emphases to drug enforcement in the town by the Paris Police Department, and requested that the City Manager report back to the Council at a later date. City Attorney Haynes gave the Council a handout, advising that these file were confidential and anything in the file is not for public information. City Attorney Haynes advised that this the only way to inform the Council about existing law suite, and also included in the packet are some State of Texas laws that will be helpful to the Council. There being no further business, the m i g adjourned. ERIC S. CLIFFORD, MAYOR, -CITY OF PARIS ATTEST: MATTIE CUNNINGHAM, CITY CLERK ISO ..... ..... «.......«._...____.. ..- �wlll Imo.. MINUTES - TRAFFIC COMMISSION Tuesday, May 2, 1995 5:15 o'clock P.M. Council Room - City Hall Paris, Texas The Traffic Commission met in regular session Tuesday, May 2, 1995 with the follow- ing members present: - - 1. David Gilbert 2. Pam Campbell 3. George Robinson 4. Billy Trenado 5. Ricky Masey 6. Mary Lane The City staff was represented by Assistant Police Chief James Barnett. Chairman Billy Trenado called the meeting to order at 5:20 P.M. when a quarum was present. I The Minutes of the March 7, 1995 meeting were approved as submitted. The first item of business was a tabled request to close Center Avenue beginning at the East boundry line of 3rd N.E., to the East, to the West boundry line of 6th N.E. within the fairgrounds property. The item was brought from the table on a motion by George Robinson and seconded by Pam Campbell. The motion passed 6 ayes to 0 nays. Discussion was held with Rita Jane Haynes and Gordon Hogue, representing the Fair Association, speaking in favor of the request. Assistant Chief Barnett reported that Mrs. Opal Dangerfield and possibly one other resident of the area had spoken out as opposed to the closing of the street. Access to the houses on East Center Avenue between the fairgrounds and North Main Street was discussed as well as liability if anyone was injured on the closed protion of the street. Rita Haynes said the Fair Association had been told the City would be liable, since they owned the property, even if the street is closed. Pam Campbell said she had talked with another attorney, who had resear- ched the question, and was told the Fair Association would be liable if the street were closed. David Gilbert said he would be for closing the street if the City At- torney researched the question of liability. Assistant Chief Barnett reported that he had talked with the City Attorney and the City Attorney had said he had no prob- lem with the street being closed. David Gilbert then made a motion to recommend the closing of East Center Avenue as requested. George Robinson seconded and the motion carried 5 ayes to 1 nay with Pam Campbell voting against it. The second item of business was a tabled request for 4 Way Stop Signs at the inter- section of Fitzhugh Avenue and Clement Road. George Robinson made a motion to bring the item from the table. Pam Campbell seconded and the motion passed 6 ayes to 0 nays. Chief Barnett reported that this request was made by Mr. Jesse Swindle, phone No. 785 -1029, a resident of the area, who had reported seeing several almost acci- dents at the intersection caused by restricted vision and the 40 MPH Speed Zone on Clement Road. Chief Barnett said that there was a problem from time to time with brush growing along the sides of the road. The brush is trimmed and will then grow out again. The city has been keeping an eye on this and having the brush cut or cutting it when it needs it. The city did a study of the intersection and it does not meet the warrants for 4 way stop signs either as to number of accidents or traf- fic volume. There were no accidents reported at the intersection during 1994. Page No 2 Minutes - Traffic Commission'' 05� -02 -95 Chief Barnett said he recommended the request be denied since it would be illegal to place unwarranted signs up. George Robinson made a motion to deny_the request. Mary Lane seconded and the mot- ion carried 6 ayes to 0 nays. The third, and final, item of business was a.request for a Stop Sign on 22nd-S.W. stopping Southbound traffic at West Austin Street. Chief Barnett reported that this request came from Billy Hilliard of 2191 W. Austin, phone No. 784 -3289, who said due to the speed of vehicles this was-a bad intersect- ion. Police Department records show no reported accidents at this location during 1994. State law required traffic on 22nd Street to stop or yield to traffic on W. Austin Street since it does not cross West Austin Street as it is and a stop sign would not solve any problem. George Robinson made'a motion to deny the request. Pam Campbell sconded and the motion carried 6 ayes to 0 nays. Chief Barnett then introduced Mary Lane as the newest member of The Traffic Commis- sion. There being no further business the meeting adjourned at 5:40 P.M. ames Barnett Assistant Chief of Police SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PARIS May 25, 1995 The City Council of the City of Paris met in special session, Thursday, May 25, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the purpose of the special meeting was to receive a report on progress of Lone Star Gas negotiations. City Attorney Haynes reported that City Staff had been negotiating and meeting with Lone Star Gas Company's representative, Roy Sparks, who is in the audience along with Mr. Bob Buckner, and Dale Burton. City Attorney Haynes said they had had friendly negotiations and were at the point that if the Council were to agree with the position that they were at tonight 'by placing this on an agenda, the situation would be, they have offered to give credence to the recent court case allocating the fair share of savings on income tax which would reduce the requested to 7.86% increase, they would be happy for us to do weather normalization, and how that works is that it shaves the tops off of the consumption figures and it is done on every 30 day period so in the winter time if we had a hard winter, the bill would be averaged out in order not to have large peaks, and if you had a light winter, people would be paying a little more than they were using. It is a matter of how the Council would like to have that, and it can be stated in two ways; one is, without it you pay for what you get, with it you have some averaging. Roy Sparks, Area Business Development Manager for Lone Star Gas Company, came forward telling the Council that the present rates does not have a weather normalization adjustment clause, and this clause is being place in all of Lone Star Gas rates that they are filling now, and they feel it is for the the customers benefits so we will not have spiking along with leveling out the income flow. City Attorney Haynes advised the Council that each rate class as we have already seen it must generate the amount of revenue that it takes to come up with the total of 7.86% increase. A part of the rates for residential and commercial is a cost of service, you will get a charge whether you use any gas or not, if you wanted to create an extra class in there of residential of a small user, that is something that would be possible. If you do, then their fair share that they should be paying would be spread down to the heavier residential users in the increment cost of gas, so it is not in there now, we have not negotiated it in; however, the company is willing for the City to adjust that if the Council so desires. City Attorney Haynes said the only reason he was bringing this up is the City has a lifeline rate or a rate for the extremely small user, and if the Council wishes to have this in the Lone Star Gas rate it is possible and the company is agreeable to this. City Manager Malone said that it was his understanding that there is a readiness to serve charge that is in their proposed for an increase to all users, so that can be adjusted downward from what they have proposed, but that would mean that cost of gas per unit goes up for everyone, and this would assist those people who use a minimum amount of gas. Roy Sparks said they have proposed a customer charge of $8.00, and that is to have an active account which involves reading the meter, billing whether they use any gas or not. If the City wanted to reduce it down to $7.00 or $6.00, it would be picked up then in consumption charge, and it would be the same way with commercial accounts. After further discussion, it was the consensus of the Council to place the Lone Star Gas Rate increase on the next agenda at the negotiated rate of $7.86% increase and include the weather normalization stipulation. A motion was made by Councilman Boyd, seconded by Councilman Bell to table consideration of and action on authorizing the employment of professional services for gas rate study. The motion carried 7 ayes, 0 nays. Resolution No. 95 -043, rescheduling the Thursday meeting scheduled for June 8, 1995, be, and the same is hereby consolidated with the Monday, June 12, 1995, meeting to be held at 6:00 P. M., and resolving that a copy of this Resolution be placed on the City Hall Bulletin Board giving notice of the rescheduling of the regular Thursday November Council meeting, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings, wa'. presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for approval of the resolution, The motion carried 7 ayes, 0 nays.. RESOLUTION NO. 95 -043 WHEREAS, the City Attorney will be out of town attending the Texas City Attorney Association Conference on the 8th and 9th of June, 1995; and, WHEREAS, it would be appropriate for the Regular Thursday Council meeting which would normally be scheduled for the Thursday following the first Monday of the month, which would be June 8, 1995, to be consolidated with the regular Monday meeting which is scheduled for June 12, 1995; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the regular Thursday meeting scheduled for June 8, 1995, be, and the same is hereby, consolidated with the Monday, June 12, 1995, meeting to be held at 6:00 o'clock P.M.; and BE IT FURTHER RESOLVED, that a copy of this Resolution be placed on the City llall Bulletin Board giving notice of the rescheduling of the regular Thursday November Council meeting, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 25th day of May, 1995. Eric S. Clifford, Mayor ,ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO'Y +ORM: T. K. Haynes, City Mayor Clifford announced that at this time the Council would go into a workshop session regarding Street Improvement Policies. The Council went back into open session at 7:00 P. M. There being no further business, the meeting adjourned. ERIC S. CLIFFORD, MAYOR, CITY OF PARIS ATTEST: MATTIE CUNNINGHAM, CITY VLERK - 194 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL June 12, 1995 The City Council of the City of Paris met in regular session, Monday, June 12, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Richard Hunt, Charles H. Neeley, and John Bell, Councilman Alan R. Boyd, and Aaron Jenkins were absent. Also present was City Manager Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Gene Anderson, Director of Finance, City of Paris. Mayor Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on June 5, 1995, and attached hereto as part of these minutes as Exhibit A. Mayor Clifford declared the public hearing open to consider the petition of Randy Roam for a change in zoning from a One- Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS) on Lot 1, City Block 197, located at 1878 W. Maple. Mayor Clifford called for proponents to appear, and Randy Roam appeared in behalf of his petition stating that this service is just for the community, that he does a lot of work in the neighborhood for the elderly with small repair work from furniture to various home repairs, and would not create a problem or eyesore to the neighborhood. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was closed. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 2 to a Neighborhood Service District on Lot 1, City Block 197. The motion carried 5 ayes, 0 nay. On a motion by Councilman Fulbright, Agenda Item No. 17A, an ordinance changing the zoning from a One- Family Dwelling District No. 2 to a Neighborhood Service District on Lot 1, City Block 197, was moved forward. The motion was seconded by Councilman Hunt, and carried 5 ayes, 0 nays. ORDINANCE NO. 95 -017 195 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 1, CITY BLOCK 197, ON PROPERTY BELONGING TO RANDY ROAM, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Councilman Clifford declared the public hearing open to consider the petition of Phillip Wells for a change in zoning from a One- Family Dwelling District No. 2 (SF -2) to a Two - Family Dwelling District (2F) on Lot 1, Block 4, Highland Park Addition, being number 2004 Cleveland. Mayor Clifford called for proponents to appear, and Sybil Colson, Attorney representing Mr. Wells came forward telling the Council that Mr. Wells wants to change the zoning on his property located at 2004 Cleveland to make the present house into a duplex. Ms. Colson further stated there were duplexes and apartments in the vicinity, and this would be consistent with the zoning in the neighborhood. Mayor Clifford called for opponents to appear, none appear, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Bell authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lot 1, Block 4, Highland Park Addition. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Hunt to bring Agenda Item No. 17B, an ordinance amending Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 2 (SF -2) to a Two - Family Dwelling District (2F) on Lot 1, Block 4, Highland Park Addition, forward. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. ORDINANCE NO. 95 -018 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 ( @F) ON LOT 1 BLOCK 4, HIGHLAND PARK ADDITION, ON PROPERTY BELONGING TO PHILIP M. WELLS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE T�--JO- FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000,00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1995 196- was presented. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Clifford declared the public hearing open on the petition of George Marks for a change in zoning from a One- Family District No. 3 (SF -3) to a One- Family Dwelling District No. 3 (SF -3) and Specific Use Permit Mobile Home (39) on Lot 5, City Block 71, being number 912 N. E. 7 1/2 Street. Mayor Clifford called for proponents to appear, and George Mark, 2000 Plum Street, appeared in behalf of his petition telling the Council the reason he wanted to place a mobile home on his property is the house located on the property is rundown. Mr. Marks said there was only three houses on the street that is occupied. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Neeley authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One - Family Dwelling District No. 3 (SF -3) to a One Family Dwelling District No. 3 (SF -3), and Specific Use Permit Mobile Home (39) on Lot 5, City Block 71. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Neeley to bring Agenda Item No. 17C, an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 3 (SF -3) to a One Family Dwelling District No. 3 (SF -3), and Specific Use Permit Mobile Home (39) on Lot 5, City Block 71, forward. The motion carried 5 ayes, 0 nays.. ORDINANCE NO. 95 -019 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 ONE- FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT - MOBILE HOME (39) ON LOT 5, CITY BLOCK 71, ON PROPERTY BELONGING TO GEORGE MARKS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 3 (SF -3); DESIGNATING THE BOUNDARIES OF THE ONE- FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT - MOBILE HOME (39) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1995 was presented. A motion was made by Councilman Neeley, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Final Plat of Lot 7, City Block 307 -A. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the 197 Final Plat of Lot 7, City Block 307 -A, subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lot 3 -B, City Block 313, and a motion was made by Councilman Hunt, seconded by Councilman Neeley for approval of the Replat of Lot 3 -B, City Block 313 subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Murrell Green, Lot 11, Block 2, Highland Park Addition, 2031 Cleveland from Single Family Dwelling No. 2 to a Two Family Dwelling District No. 2F; David Thomas, Lot 6, City Block 321, 2015 N. E. Loop from General Retail District to General Retail and Specific Use Permit (52) Billboards District; David Thomas, Lot 21, City Block 315, 4455 Lamar Avenue, from Agricultural (A) District to Commercial (C) and Specific Use (52) District; Karen Penetcost, Lot 7, City Block 62, located at 567 Pine Bluff, from Two Family Dwelling District to Two Family Dwelling District - Specific Use (41) District. Mayor Clifford referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting July 3, 1995, and before the City Council July 6, 1995. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation, Paris /Lamar County Board of Health, Airport Advisory Board, and Planning & Zoning Commission had been furnished with no action being required. Ms. Pat Cochran, and Ms. Sandy Keith, representing the Women's Forum of the Lamar County Chamber of Commerce, appeared presented a proposal for improvement to Wade Park. Ms. Cochran presented a diagram showing the proposed improvements to Wade Park pointing out the safety factor of the proposed equipment along with wheelchair accessibility, parking, replacing the shelter with a better shelter, and water fountain. Ms. Cochran said they tried to looked at the needs of small children along with young school age children, and the older school age children. Ms. Cochran said they obtained three bids, and Game Time was the Company that they went with because they gave a 25% discount, and the total cost of the project is $200,000.00. Ms. Cochran said she was present requesting that the City Council commit $50,000.00 toward this project, they plan to raise $50,000.00 locally so they were asking the City to match what they are going to raise, and that also they were requesting that the City apply to the Texas Department of Parks and Wildlife for a grant funding of $100,000.00 for the 50 -50 match. Ms. Cochran presented the Council with a petition containing approximately 400 signature in support of the project along with a packet containing results of Parent Survey conducted at Elementary Schools in PISD regarding needed improvements at Wade Park, map of proposed improvement plans, diagrams of multi -play units for "Tot -Lot" and Large Play Area, budget proposal, discount quote from Game Time Company, support letters, pamphlet on playground safety published by the American 198 r . x Academy of Pediatrics, and an article from The Dallas Morning News concerning playground safety.. Ms. Sandy Keith told the City Council that when ever people look at our community to move here whether it is industry, businesses, or families, they do not look at tax abatements, water, transportation, and those type things, they look at churches, schools, recreation for their families. Ms. Keith said when she moved to Paris those were big issues for her and her family. After further discussion, a motion was made by Councilman Fulbright, seconded by Councilman Bell to move Agenda Item No. 18D, Authorizing the application for the Texas Parks & Wildlife Department, Texas Recreation and Parks Account (TRAP) Program Grant for improvements to Wade Park, forward. The motion carried 5 ayes, 0 nays. Resolution No. 95 -054, authorizing an application to be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $99,920.00, being approximately 50% of the estimated cost of the Wade Park Improvements Project, and total project cost being $199,840.00, with the City of Paris providing $99,920.00 in kind services, private donations, and funds, which matching share for this application is readily available at this time, was presented. A motion was made by Councilman Hunt, seconded by Councilman Neeley for approval of the resolution. The motion carried 5 ayes, 0 nays. a 199 RESOLUTION NO. 95 -051 WHEREAS, the Texas Parks & Wildlife Department provides funding for Texas Recreation & Parks Account (TRPA) Program Grants (Section 24 of the Parks & Wildlife Code) for project not to exceed $1,000,000.00; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for Wade Park Improvements, at an estimated total cost of $199,840.00, with the cost being paid 50% Texas Parks & Wildlife Department and 50% local match which may include in kind services, private donations, and funds; and, WHEREAS, the City of Paris is fully eligible to receive assistance under the TRPA Program; and, WHEREAS, the Texas Parks and Wildlife Department requires that the property on which the project will be located will be protected by the City of Paris from any future drilling or open mining, and it is appropriate that the City of Paris commit to protecting such property; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Parks & Wildlife Department for a Texas Recreation & Parks Account (TRPA) Program Grant in the amount of $99,920.00, being approximately 50% of the estimated cost of the Wade Park Improvements Project, said total project cost being $199,840.00, with the City of Paris providing $99,920.00 in kind services, private donations, and funds, which matching share for this application is readily available at this time. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Dick Boots, be, and lie is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the Wade Park Improvements Project. 5. That the site to be known as Wade Park in the City of Paris, Paris, Texas for use as a park site, being City Block 255, is hereby dedicated for a public park and recreation purposes in perpetuity. PASSED AND ADOPTED this 12th day of June, ACliff6ord, Eric S. o ATTEST: Mattie Cunningham, City Cle k FORM: T. K 11- Iaynes, My Attorney APPLICATION FORM - PART I - GENERAL INFORMATION TEXAS RECREATION G PARKS ACCOUNT PROGRAM I. SPONSOR: A. Address: B. Federal Tax Identification Code: C. Contact & Phone Number: TI. PROJECT NAME: III. PROJECT LOCATION A. City & County: B. State Legislative Districts 1. Senate: 2. C. Federal Congressional District: IV. FUNDS REQUESTED A. Sponsor (50%): B. State (50%): C. Total Project: House: To the best of ay knowledge and belief, alt documentation in this application is true and correct, the application has been duly authorized by the governing body of the sponsor, and the sponsor agrees to comply with all program rules and procedures if grant assistance is awarded. Signature of Official Authorized in Resolution Michael E. Malone, City Manager (903) 785 -7511 Typed Name, Title and Telephone Number June 12, 1995 Date 37 EXHIBIT A 20 201 APPLICATION FORM — PART II — BUDGET INFORMATION TEXAS RECREATION & PARKS ACCOUNT PROGRAM SECTION A — CALCULATION OF THE TOTAL PROJECT COST Cost /Value 1. Land, Improvements, and Right -of -Way 2. Appraisals and Boundary Survey 3. Professional Services 4. Demolition, Removal and Site Preparation 5. Construction, Renovation and Project Improvements 6. SUB -TOTAL (Add lines 1 through 5) 7. Contingency 8. TOTAL PROJECT COST (Add lines 5 and 7) 9. Grant Request (50% of line 8) SECTION B — LOCAL SPONSOR MATCHING SHARE Cost /Value 1. Voter Approved Capitol Improvement Bonds 2. Sponsor Appropriations 3. Sponsor In -House Labor, Equipment, Materials 4. Sponsor or Publicly Owned, Non - Parkland 5. Private Donations of land 6. Private Donations of Cash 7. Private Donations of Labor, Equipment, Materials 8. Other Goverrvnental /Educational Institution Resources (Specify in Section C) 9. Other Grants (Specify in Section C) 10. Other Funds /Resources (Specify in Section C) 11. TOTAL LOCAL SPONSOR SHARE (Add lines 1 through 10) SECTION C — EXPLANATIONS 39 t R I R ASSURANCE OF ELIGIBILITY FOR USING SPONSOR/PUBLICLY -OWNED LAND AS THE LOCAL MATCHING SHARE ON BEHALF OF THE CITY of PARIS, PARIS, TEXAS I HEREBY CERTIFY (Insert Sponsor Uwe) THAT ALL PROPERTY DESCRIBED BELOW HAS NEVER BEEN DEDICATED, PLATTED, MANAGED OR ACQUIRED FOR PUBLIC PARK OR RECREATION USE, AND THAT SAID PROPERTY IS ELIGIBLE TO SERVE AS THE GRANT MATCHING SHARE FOR r (Insert Project Name) PURSUANT TO TEXAS RECREATION & PARKS ACCOUNT PROGRAM GUIDELINES. (Insert property description - include the general location, acreage r£nd legal description.) AS THE OFFICIAL REPRESENTATIVE OF THE PROJECT SPONSOR, I FULLY UNDERSTAND THAT THE FALSE CERTIFICATION OF SAID ASSURANCE WILL CAUSE THE AFOREMENTIONED PROJECT TO BE WITHDRAWN FROM CONSIDERATION, AND THAT FUTURE ELIGIBILITY FOR GRANT CONSIDERATION MAY BE JEOPARDIZED. Signature of Official Authorized in Resolution Michael E. Malone, City Manager Typed or Print Name and Title June 12, 1995 Date 41 202 203 City Attorney Haynes advised the Council that the next item on the agenda was authorizing preparation of an ordinance repealing Section 28 -8 (i) of the Code of Ordinances, and explained that the Code of Ordinances as written permits Billboards to be placed in certain zoning categories without regard to what other uses have been made in the same area, and it would be much more appropriate for it to require a specific use permit in any of the zones that it is permitted on inside the loop to insure that other property is not adversely effected. A motion was made by Councilman Fulbright, seconded by Councilman Hunt authorizing preparation of an ordinance repealing Section 28 -8 (i) of the Code of Ordinances, and the motion carried 5 ayes, 0 nays. A motion was made by Councilman Bell authorizing the preparation of an Ordinance amending Zoning Ordinance No. 1710 by revising Section 8 -107 and 12 -100 to permit Advertising Signs in General Retail, Commercial, and Central Area, Light Industrial and Heavy Industrial Districts with Specific Use Permits. The motion was seconded by Councilman Hunt, and carried 5 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing preparation of an ordinance fixing and determining the general service rate to be charged for sales of natural gas by Lone Star Gas Company. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 20 AN ORDINANCE AMENDING AND MODIFYING ORDINANCES NO. 2564 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL „OF.THE CITY OF PARIS ON APRIL 13, 1981, AS AMENDED BY ORDINANCE N0. 93 -021 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON MAY 17, 1993, WHICH GRANTED A FRANCHISE TO LONE STAR GAS COMPANY TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS; PROVIDING FOR THE AMENDMENT OF SECTION 1 DEALING WITH THE TERM OF THE FRANCHISE; PROVIDING FOR THE AMENDMENT OF SECTION 5 DEALING WITH THE EXTENSION OF MAINS; PROVIDING FOR THE AMENDMENT OF SECTION 9 DEALING WITH THE COMPENSATION TO BE PAID TO THE CITY PURSUANT TO THE ORDINANCE AND; PROVIDING AN EFFECTIVE DATE was presented on first reading. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the ordinance on first reading. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -020 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE REPEAL OF SECTION 28 -8 (i) OF THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, AND DECLARING THE SAME TO BE NULL AND VOID AND NO EFFECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -021 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT ORDINANCE NO. 1710 BE AMENDED BY REVISING SECTION 8 -107 AND 12 -100 OF SAID ORDINANCE; PROVIDING FOR THE PERMITTED USE OF BILLBOARD AND ADVERTISING SIGNS (29) IN GENERAL RETAIL (GR), COMMERCIAL (C), CENTRAL AREA (CA), LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) DISTRICTS WITH SPECIFIC -USE PERMITS;, PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -022 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED BY LONE STAR GAS COMPANY FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN LINE EXTENSION RATE was presented. A motion was made by Councilman Hunt, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Resolution No. 95 -051, authorizing and directing the City Manager of the City of Paris, Michael E. Malone, to execute on behalf of the City of Paris the Statewide Transportation Enhancement Program Agreement with the State of Texas, acting by and through the Texas Department of Transportation for Plum Street 1900 Block Surface Water Runoff Pollution and Flood Mitigation Project, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. �r. 205 RESOLUTION NO. 95 -051 WIIEREAS, the City Council did in Resolution No. 94 -101 authorize the application for a STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM grant to fund a project of construction entitled PLUM STREET 1900 BLOCK SURFACE. WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT; and, WIIEREAS, the State of Texas and the City of Paris desire to construct a sedimentation and pollution basin and it is necessary for the City of Paris and State of Texas acting by and through the Texas Department of Transportation to enter into an Agreement under the STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM; and, WHEREAS, the form of agreement for such project attached hereto as Exhibit A should in all things be approved, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Agreement with the State of Texas, acting by and through the Texas Department of Transportation in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler ' APPROVED A O FORM: T. K. Haynes, City Attorney arn�.•rr.•,...: ...,...... ,e,w�k0!�MfY "elAm `n'+SMM�A *.� Lamar County CSJ: 0901 -29 -905 19th NW Runoff Mitigation STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM) 0 THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Paris, a municipal corporation located in Lamar County, Texas and existing by and under the laws of the State of Texas,' hereinafter called the "City." W I T N X S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) , codified under Title 23 U.S.C. Section 101 et seq. , establishes .r the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods y in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Sections 133(d)(2) and 160(e)(2) require that ten (10) percent of certain funds apportioned to a state pursuant to Title 23 U.S.C. Section 104(b)(3) be used for transportation enhancement activities, as defined in Section 101(a) of Title 23 U.S.C.; and WHEREAS, the Texas Transportation Commission,. hereinafter called the "Commission ", will use those funds in a statewide competitive program that enhances the intermodal, transportation systems and facilities � -1- r-- EXHIBIT,A N . 20 within the state for the enjoyment of the users of those systems; and WHEREAS, the State and the City desire to construct a sedimentation and pollution mitigation basin, as shown in the attached "Exhibit A," to be hereinafter identified as the "Project;" and — WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for STEP will not exceed eighty percent (80 %) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, procuring the consultant services, accomplishing utility adjustments and other. necessary items required by the State; and WHEREAS, on the 8th day. of August, 1994, the Paris City Council passed Resolution No. 94 -101, attached hereto and identified as "Exhibit B," authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, provide the construction inspection and other items as required; and _ WHEREAS, on the 30th day of June, 1994, the Commission passed Minute Order 103928, attached hereto and identified as "Exhibit C," authorizing t the Project through the State Transportation Improvement Program; A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and -2- 2®S shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be' limited to the scope authorized by the Commission and as shown on "Exhibit A." 3. ACQUISITION OF RIGHT -OF -WAY A. The City shall assume ali costs and perform all necessary requirements to provide title in name of City to the desired right-of- way required for the construction of the Project, which title shall be, acceptable to the State. The City shall provide all right -of -way free and clear of all improvements and /or encroachments. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the right -of -way to the City, sand benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2(g). Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in additional to normal right -of -way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the Project. B. In the event the right -of -way is donated to the City after June 30, 1994, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's -3- 209- appraisal of the donated property to determine the fair market value. The fair market value of donated right -of -way will be credited towards the City's financial share towards the cost of the project. Right-of- way shall be donated in accordance with the regulations established in' 23 USC Section 323. C. The State will not reimburse the City any funds in the event the right -of -way was purchased before execution of this agreement, and the fair market value of the donated property exceeds the City's financial share towards the project. 4. RIGHT -OF -WAY DESCRIPTION The City shall prepare right -of -way maps, property descriptions and other data as needed to properly describe the right -of -way which thc:' City is to acquire and provide for the project. The right -of -way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right -of -way. Tracings of the — maps shall be retained by the City for its permanent records. 5. DETERMINATION OF RIGHT -OF -WAY VALUES The City agrees to make a determination of property values for each right -of -way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of 1 land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy o information or reports used in arriving at all determined values. -4- Zia Expenses incurred by the City in performing this work shall be eligible for reimbursement after the City has received written authorization by the State to proceed with determination of right -of -way values. The State will review the data submitted and shall base its reimbursement- for parcel acquisitions on the values which are determined by this review. 6. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation, proceedings and a notice of lis pendens for each case in the name of the City, and in each case so filed the judgement of the court will decree, title to the property condemned to the City. 7. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special Commmissionor.s' hearings assessed against the City in condemnation proceedings and fees incident thereto w�ll be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed seventy -nine percent (79 %) of i ` the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 8. REIMBURSEMENT r Reimbursement will be made to the City for right -of -way purchased in an amount not to exceed seventy -nine percent (79 %) of the cost of the right -of -way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed eighty percent (80 %) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, -5- 211 reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement' shall not exceed eighty percent (80 %) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condemnation," the participation by the State shall be based on the final judgement, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as to all action taken therein. 9. UTILITY ADJUSTMENTS /RELOCATIONS The City will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all costs associated with the adjustment; removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable,State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated w__th the additional utility work. 10. CERTIFICATION The City shall provide to the State forty -five (45) days prior to the construction contract let date, a certification that all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and __ 212 construction of the Project. The City will not let the construction contracts until all environmental mitigation issues have been addressed. The City shall provide to the State written certification from the appropriate regulatory agency(s) that all environmental problems have' been remedied. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and /or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES ' A. The City will prepare or cause to be prepared the preliminary, engineering necessary for the development of plans, specifications and estimates (P.S. &E.). Development of the preliminary engineering shall include environmental assessment and holding of a public meeting and /or public hearing. The City must comply with applicable State and Federal rules and procedures in the selection of its consultant. The selection procedures to be utilized by the City must have prior approval by the State and comply with 23 CFR Part 172. B. The City will prepare and distribute Requests for Proposals for professional engineering services for design improvements to be constructed in the 19th Northwest Runoff Mitigation project. These services shall include the design and preparation of construction drawings, specifications and cost estimates, field surveys, an environmental assessment and holding of a public hearing. C. The City shall submit the completed plans, specifications and estimates (P.S. &E.) to the State for review and approval. Should the State determine that revisions are required to the P.S. &E., the City shall make the necessary revisions. The P.S. &E. shall be developed by -7- 213 the City's consultant in accordance with the State's latest Standard Specifications for Construction of Highways, Streets and Bridges. D. The City will submit to the State all documentation relating to — actual costs incurred associated with the development of the P.S. &E. Reasonable costs incurred by the City after the City receives written authorization by.the State will be eligible for reimbursement at an amount not to exceed eighty percent (80 %) of the actual cost. The City shall comply with the cost principles established in OMB Circular A -87, "Cost Principles for State and Local Governments." 13. FUNDING A. The total construction cost for the project, including contingencies, engineering and administrative costs, is estimated at two hundred fourteen thousand dollars ($214,000.00). B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project. This federal share amount shall not exceed $171,200.00 or.,80% of the total project cost, whichever amount is less. The City will be responsible for any non - federal participation costs associated with the Project. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of one thousand two hundred dollars ($1,200.00). This amount is based on twenty percent (20 %) of the estimated state administrative cost. The funds will be utilized by the state for costs associated with review of the PS &E, inspection, and any other administrative functions. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or -8- 211 warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is ' required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon.completion of the Project, the State will perform an audit of the costs arid`.any funds due the City will be promptly returned. 14. CONSTRUCTION RESPONSIBILITIES A. The City shall advertise -for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which.may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval by the State. B. The State will supervise and inspect all work performed by the 1 construction contract and will provide engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S. &E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion," acknowledging that the Project has been completed. 15. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for ' maintenance.of the completed improvements. 215 _........, V.. - .- , ...,_, . 16. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data — prepared under this agreement shall be made available to the State without restriction or limitation on its further use. 17. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2 ) By either party, upon the failure of the other party to fulfill the, obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set fort' herein, the State will notify the City that possible breach of contrac- has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 5 18. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all -10- F 21 expenses, including attorneys' fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its officers, employees, agents or contractors: 19. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 20. LEGAL CONSTRUCTION In case one' or more of the provisions contained in this agreement shall, for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 21. NOTICES , All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation 1365 N. Main Street P. 0. Box 250 r Paris, TX 75461 City: The City of Paris, Texas 135 First Street S.E. Paris; Texas 75460 All notices shall be deemed given on the date so delivered or so deposited in the mail unless otherwise provided herein. Either party 217 hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 22. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the, parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 23. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of, contract termination. The City shall maintain all books, documents, papers, accounting records and either documentation relating to costs 1 incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives fur review and inspection at its office during the contract period and for three (3) years from the date'•of �• completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City 1 which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 24. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A -128. 25. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title -12- 218 1 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 26. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 B); also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 27. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program. Requirements" established in 49 CFR Part 23, Subpart D. 28. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any., party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, 1 when requested by the State, to furnish a copy of the certification. -13- 0 parties hereto have caused these presents IN TESTIMONY HERE OF► the p . to be executed in duplicate counterparts THE CITY OF PARIS, TEXAS By: Michael E. Malone Typed Name City Manager - Title Date 1 ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Circular 26 -93, for the purpose and --- effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas t Transportation Commission. By: Robert Cuellar Typed Name Deputy Executive Director of Transportation Planning r Title Date -14- 220 1. Develop design plans and specifications 2. Advertise For construction bids 3. Award construction contract 4. Construction Budget: Construction: 1. Earthwork- 10,000 cy 2. Relocate utilities 3. Clearing & grubbing 4. outlet structure - compacted embankment Outlet structure- concrete pipe 5. Remove abandoned structures 6. Cascade drop aerator and trash screens 7. Sodding for erosion control -71800 sy. 8. Channel improvements 9. Landscaping - trees, shrubs and pond plantings Land Acquisition: • F Engineering, Administration & Contingencies ' . Total 120 days 30 days 30 days 120 days $ 80,_000_ 10.000 4,500 5,000 3,500 5,000 1,500 19,500 6,660 6,000 42,040 30,300 $214,000 Exhibit A I _, Y G) N M z--4 >� D C N zo -C -o O -1 � Z r' i t M© t 1� 1 O a, t N n O n n N r f I _1 I 74 J1w T I t r f y X-A N � C N �— -- ~tr , M ff 1 t 4 ' ' o I I N w I p f h � � f I i y } , t I I � 1 I � t I I t 19TH ST. N.W. (FARM ROAD NO.79) Exhibit A 0 1 1 INSET A 0.-0 UkF VYILDU alsoom TM s 12 W. --WEEK" luousmLkL srrr rl obi 21 I- rl ------ 222 TV •14 owmy ST. — "ST FlO A" —I olnumooKSTOMPO Exhibit A �OAVE RS V.N -ST A S-. Z: nn �ve Ave enow" ;w AV%- r maAME AV "ST FlO A" —I olnumooKSTOMPO Exhibit A 223 ' , 1 Attachment 7 RESOLUTION NO. 94 -101 WiiERF.I Ilie Texas Department of Trnnsporintion provides funding for Statewide Transporinlion Enhancement Progr-nm grants: and, WHEREAS, (lie City Council of the City of Paris is desirous of processing an application for the Statewide Trnnsportnlion Entrancement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT al a total cost of 5214,000.00, with 5171,200.00 to be provided by grant and $42,800.00 to be provided by (lie City of Paris in the form of local funds and in kind services: NOW, THEREFORE, BE IT RESOLVED BY TI[L• CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enlinncement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $ 171,200.00, being approximately 80% of (lie estimated cost of the traiisportation enhancement project. with the City of Paris providing $42,800.00 in kind services and funds. 2. That Michael E. Malone, City Manager of (lie City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT. PASSED AND ADOPTED this 8th day of August. 1994. Eric S. Clifford, Mayor - ATTEST: `SY1t? a`1._► ' +�,� error '.wm Mattic Cunningham, City Cleric APPROVED AS 00 FORM: T. K. aynes, Cit Attorney Exhibit B N - 224 It EXAS TRANSPORTATION COMM JN VARIOUS _County MINUiG ORDER Page _I- of _]_ Pages District VARIOUS WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), require each designated Metropolitan Planning Organization (MPO) and the State, rapcctively, to develop a Transportation Improvement Program (TIP), as a condition to securing federal funds for transportation projects under the eidner Title 23 or the Federal Transit Act (formerly the Urban Mass Transportation Act of 1991); and WIiGREAS, tic Texas Department of Transportation (TxDOT) and the various MPOs did prepare and adopt TIPS for Fiscal Years 1994 -1996 in accordance with appropriate provisions of Sections 134 and 135; Tide 23, U.S.C.; and WHEREAS, various TxDOT Districts and various MPOs have indicated that (lie attached Exhibit 'A' revisions are needed for an orderly continuation of tile. various projects; and WHEREAS, it is (lie dcsirc of the Texas Transporution Commission (Commission) to facilitate the expeditious development of these projects by correcting the State Statewide Transportation Improvement Program (STIP) by including said project revisions; and WHEREAS, the Commission finds that the requisites of Section 134 have been satisfied as they, pertain to revisions of the TIP by the. various MPOs, and that the proposed revision to (lie previously approved STIP satisfies (lie requisites of Section 135 as they pertain to said action; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportation officials, the Honorable Ann W. Richards, Governor of Texas, has delegated to the Commission those powers and responsibitiacs granted to her by (lie ISTE-A of 1991, save and except the Recreational Trails Program; PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, NOW, THEREFOR., IT IS ORDERED THAT the referenced revision to the various local MPO TIPS are hereby approved; and .. PURSUANT TO THE• AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, NOW, THERL•FORE, IT IS ORDERED THAT (he STIP is hereby amended by taking appropria(e actions on projects as shown in Exhibit 'A'. Submitted by: Director, Transportation Planning and Programming Division J Recommended by: Executive Director Reviewed by: Deputy Executive Director for Transportation Planning and Development Minutc Numlx:r _ IU39 ?fi Exhibit G Mae Passed JUN 30 94 ,--- Resolution No. 95 -052, authorizing and directing the City Attorney, T. K. Haynes, to proceed to condemn the necessary rights -of -way to be used for Plum Street 1900 Block Surface Water Runoff Pollution and Flood Mitigation Project, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 225 RESOLUTION NO. 95 -052 WHEREAS, the City Council of the City of Paris did in Resolution No. 94 -101 authorize the application for a grant to fund a project of construction entitled PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in accordance with plans and specifications prepared by HAYTER ENGINEERING, INC., Paris, Texas; and, WHEREAS, the City Council of the City of Paris did by Resolution this 12th day of June, 1995, authorize the execution of the STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Agreement between the City of Paris and the State of Texas acting through the Texas Department of Transportation; and, WHEREAS, the City Council finds that rights -of -way are necessary for said improvement project and that the needed rights -of -way 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 necessary rights -of -way to be used for PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. iffor , yor.. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Ilaynes,Xit f-Attorney Resolution No. 95 -053, accepting the Regional Controlled Substance Apprehensive Program Grant No. DB- 95 -B02 -08371 in the total amount of $313,212.00, requiring matching contribution of $104,405.00 for a total project cost of $417,617.00, and authorizing Michael E. Malone, City Manager of the City of Paris, to execute said Grant Acceptance Notice, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 95 -053 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87 -097 authorize an application to be made to the Office of the Governor of the State of Texas, through its Criminal Justice Division, for a Texas Narcotics Control Grant; and, WHEREAS, thereafter, Grant No. DB -88 -1302 -2806, entitled Regional Controlled Substance Apprehension Program /2 was awarded and accepted on April 10, 1989; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 89 -057 authorize an application for an extension of the Texas Narcotics Control Grant awarded as Grant No. DB -88 -1302 -2806; and, WHEREAS, thereafter, Grant No. D13-88 -1302 -3035, entitled Regional Controlled Substance Apprehension Program /3 was awarded and accepted on August 14, 1989; and, WHEREAS, the City Council of the City of Paris did hereto in Resolution No. 90 -011 authorize an application for the Texas Narcotics Control Program, 1990 Grant; and, WHEREAS, thereafter, Grant No. DB -90 -1302 -3503, entitled Regional Controlled Substance Apprehension Program /3 was awarded and accepted on May 14, 1990; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 91 -022 authorize an application for the Texas Narcotics Control Program, 1991 Grant; and, WHEREAS, thereafter, Grant No. DB -91 -1302 -4231, entitled Regional Controlled Substance Apprehension Program /5 was awarded and accepted on May 13, 1991; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 92 -009 authorize an application for the Texas Narcotics Control Program, 1992 Grant; and, WHEREAS, thereafter, Grant No. D13-92 -1302 -5066, entitled Regional Controlled Substance Apprehension Program /6, was awarded and accepted on May 1 t , 1992; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 93 -034 authorize an application for the Texas Narcotics Control Program, 1993 Grant; and, WHEREAS, thereafter, Grant No. DB -93 -1302- 06102, entitled Regional Controlled Substance Apprehension Program, was awarded and accepted on May 14, 1993; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -021 authorize an application for the Texas Narcotics Control Program, 1994 Grant; and, WHEREAS, thereafter, Grant No. DB -94 -1302- 07431, entitled Regional Controlled Substance Apprehension Program, was awarded and accepted on June 9, 1994; and, 22! WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 95 -015 authorize an application for the Texas Narcotics Control Program, 1995 Grant; and, WHEREAS, the Office: of the Governor of the State of Texas has issued its Grant Award, entitled, "Regional Controlled Substance Apprehension Program, Grant No. D13-95 -1302- 08371" for the year beginning June 1, 1995, through May 31, 1996, in the total amount of $313,212.00 requiring matching contribution of $104,405.00 for a total project cost of $417,617.00; and, WHEREAS, acceptance of the same must occur within forty -five (45) days of the date of said award which occurred on May 10, 1995; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to suppress drug activity in and around the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the Regional Controlled Substance Apprehension Program Grant No. DB -95 -1302 -08371 in the total amount of $313,212.00, requiring matching contribution of $104,405.00 for a total project cost of $417,617.00, be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris, the Grant Acceptance Notice in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 12th day of June, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS T.Q FORM: T. K. Haynes, City'Attorney Eric . Clifford, ay - )�"C UVLIRNOR George W. Bush Governor GRANTEE ACCEPTANCE NOTICE UR M t4AJUSTICE IVISION Karen J. Greene Executive Director AGREEMENT: That whereas City of Paris , hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Regional Control Substance Apprehension 11'rogram , and further identified by grant number D13- 95- 1302 -08371 ; and Whereas, the Governor of the State of Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office date, MAY 10 1995 which contained certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and t Now, therefore, the Grantee shall designate either the project director or tlae financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson, Director of Finance NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Governor's Office, Criminal Justice Division. Certified By: Signature of Project Director James A. Barnett, Assistant Police Chief Name & `l itle(must print or type) 811 Bonham Str -et Official A gency Address(street or post office box) Paris, TX 75460 (903) 737 -4141 fty /Lip Code /Telephone Number Date: June 12, 1995 Signature of Financial Officer W. F. Anderson, Director of Finance Name & 'l itie(must print or type) P. o. Box 9037 Official Agency Address(street or post office box) Paris, TX 75461 (903) 785 -7511 Ex.241 City/Zip Ce %l e lephone Number Signature of Authorized Official Michael L. Malone, City Manager Name & Title(must print or type) P 0 Box 9037 Official Agency Address(street or post office box) Paris, TX 75461 (903) 785--75.11 City Zip Code/Telephone Number EXHIBIT Resolution No. 95 -055, authorizing the First Amendment Agreement for Reinvestment Zone No. Two, with Corporation, and authorizing the Mayor of the City Clifford, to execute such amendment, was presented. A by Councilman Fulbright, seconded by Councilman Neeley the resolution. The motion carried 5 ayes, 0 nays. to Tax Abatement Kimberly Clark of Paris, Eric motion was made for approval of 229 RESOLUTION NO. 95 -055 WHEREAS, the City Council of the City of Paris, did on August 9, 1990, authorize the execution, delivery and performance of an agreement with KIMBERLY -CLARK CORPORATION, pursuant to the Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code Sec. 312.001, et seg. ( "Act "), and the Guidelines and Criteria for Designation of Reinvestment Zones and Tax Abatement Agreements ( "Guidelines ") to exempt a portion of the value of the property owned by KIMBERLY -CLARK CORPORATION located in Reinvestment Zone No. Two from ad valorem taxation upon and subjected to the terms, conditions and provisions set forth in the Tax Abatement Agreement, dated effective as of August 9, 1990 ("Agreement"); and, WHEREAS, pursuant to the Agreement, the term of the tax abatement granted therein began with the tax year beginning January 1, 1991, and expires on December 31, 1995, subject to the option to extend for an additional two -year period expiring on December 31, 1997; and, WHEREAS, KIMBERLY -CLARK CORPORATION is desirous of exercising the option to extend the period of tax abatement under the Agreement to December 31, 1997; and, WHEREAS, Section 312.208(a) of the Act and the Guidelines adopted by the City each provide that a tax abatement agreement may be modified by the parties thereto by the same procedure by which the original agreement was approved and executed; and, WHEREAS, the City and KIMBERLY -CLARK CORPORATION now desire to amend the Agreement in accordance with the Act and the Guidelines to provide for extension of the period of tax abatement under the Agreement to December 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that: 1. The City Council hereby finds and determines that the terms of the First Amendment to Tax Abatement Agreement for Reinvestment Zone No. Two, attached hereto as Exhibit A meet the criteria for tax abatement as set forth in the Act and in the Guidelines adopted by the City of Paris. 2. Pursuant to Section 312.208(a) of the Act, the City Council hereby authorizes the execution, delivery and performance by the City of the First Amendment to Tax Abatement Agreement with KIMBERLY -CLARK CORPORATION in the form attached hereto as Exhibit A. The Mayor is hereby authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Paris, and to do or cause to be done all things necessary to effect such Amendment. PASSED AND ADOPTED the 12th day of June, ATTEST: WaStStie Cunningham, City C rk VED WTQ FORM: aynes, . y Attorney 1995. Eric S. Clif , Mayor m i FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN TIIE CITY OF PARIS AND KIMBERLY - CLARK CORPORATION DATED AUGUST 9, 1990 STATE OF TEXAS ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this First Amendment to Tax Abatement Agreement between the City of Paris and Kimberly -Clark Corporation dated August 9, 1990, is entered into this 12th day of June, 1995, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation situated in Lamar County, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and KIMBERLY -CLARK CORPORATION, acting by and through its authorized officer whose signature appears below, hereinafter referred to as OWNER. t WITNESSETH: That OWNER, having fully complied with and met all conditions of the above - described Agreement, and having exercised the option to extend said Agreement for two years, does hereby mutually agree with CITY that Section VIII of said Agreement be deleted in its entirety and that Sections I, V and VII be amended to read as follows: I. Term "1.1 The term of this AGREEMENT shall begin on the 9th day of August, 1990, with, as hereinafter provided, tax abatement granted herein beginning with the tax year beginning January 1, 1991, and expiring on December 31, 1997." V. Consideration - Jobs 230 1, I First Amendment to Tax Abatement Agreement - page I LXHIPII A 2c'1 "5.2 OWNER agrees that, during that portion of the term of this AGREEMENT occurring subsequent to January 1, 1992, and ending December 31, 1997, it will not reduce below twenty (20) the number of such new, permanent jobs so created." VII. Tax Abatement "7.1 It is understood and agreed among the parties that the PROPERTY, also known as Tax Reinvestment Zone Number Two, shall be appraised at market value prior to the construction and installation of the IMPROVEMENTS for the purposes of property tax assessment effective January 1, 1991, and continued at market value without said IMPROVEMENTS until the expiration of this AGREEMENT. The CITY, acting under and pursuant to the said Texas Property Redevelopment and Tax Abatement Act, hereby covenants and agrees to abate, (a) all CITY real property taxes that would otherwise be payable with respect to the IMPROVEMENTS, and (b) all CITY personal property taxes that would otherwise be payable with respect to all personal property, save and except inventory and supplies, that is brought onto the PROPERTY described in Exhibits "A" and "B" as a part of the improvement project herein described, for a period of seven years, beginning January 1, 1991, and ending December 31, 1997." Executed on the 12th day of June, 1995. CITY OF PARIS By: Eric S. Clifford, Mayor ATTEST: i iMattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney I First Amendment to Tar Abatement Agreement - page 2 } 1 ti i ATTEST: KIMBERLY- CLARI{ CORPORATION By: Nick B. Hansen, Vice President & Tax Counsel Secretary t7i r�i 4 First Amendment to Tax Abatement Agreement - page 3 Resolution No. 95 -056, authorizing an application to be made to the Office of the Governor, Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant Program grant in the approximately amount of $130,000.00 being 100% of the estimated cost of the Automobile Theft Prevention Program, was presented. A motion was made by Councilman Hunt, seconded by Councilman Neeley for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 95 -056 WHEREAS, Office of the Governor, Automobile Theft Prevention Authority provides funding for automobile theft prevention grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Automobile Theft Prevention Grant Program grant, up to a total of $130,000.00 with no matching funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor, Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant Program grant in the approximate amount of $130,000.00 being 100% of the estimated cost of the Automobile Theft Prevention Program. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and lie is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the City of Paris Police Department's participation in the Automobile Theft Prevention Program. PASSED AND ADOPTED this 9th day of June, 1995. Eric S. Clifford, Mayor ATTEST: -e Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynds', City Attorney Avrom ALE THEFT PREvumcm AuTHoRrry i. For ATPA Up* Or4y a. a, Dole am r - June 16, 1995` 2. tutu Progrown ..r .eatwn or ATPA U" my .. at• wtov 6. Start. artron ..r 5. App ant Informortion •�:...'�{ N ....__.____......._ ....:......... ..............._..._........_.. mt e 3 -tin e. UrJt __....... .._........... .... .._ __.. City of Paris, Paris, Texas Po -ice�epartment "- b:"ned;::e fp;v* rbeot w P. 0. Bar, d*y, *purvey..bia and a{o cod i ._ » »._ » »......._._ _. -..-a: _K.n,. snd telephone numb:: of po:.on to be -.. ».. City of Paris 000tactod on matte" kreol rl,p thl. apptcation (piv. P. 0. Box 9037 Paris, Lamar County, Texas 75461 -9031 (903) 185 -7511 Karl Louis , Stone Pay" kl*ntifvjn.;on Num6ot 7. Tyre of App& —rd fame tM go,o vprrah A~ Ja boar/ 1- 7560006359000 F A. State H. Im6pw4rd School D1nr;c-1 R. County I. State Camoswd Inathution of Nigher Lowr;ng C. Mun:o;pd J. Private Un;vareity 8. Type of p at.on: Towneite Tribe New Continuation a W Rtwi s i of ` a L. rodiA E. E. krterHerte L. kdividud F. Intermunlo;pal M. Natprofit Orpanaat'ren H Ravis;on, check appropriate box(**). G. Speo;al D;atrict N. Otfw (.pacify): lncreet e Award Decrease Award Other (Specify) 9. Noma of O entoe Ap.rtey: '. Automobile Theft Prevention Authority 4000 Jackson Avenue Increase Duration a Decrease Duration Austin, Texas 78779 -0001 11. Ajo&o of roject At-dvrt »s Mk;es, urnws. Statae, ate.) City of Paris, Lamar County 10. Title of Project: Automobile Theft Prevention Authority Law Enforcement /Detection /Apprehension Project 12. propo"d ro,.ct 13. le appi.cat.on ► to rov,.w by ►tat• .x.cvtn. ordof U372 prooae. Start Dine. September 1, 1995 11 Ending Date: August 31, 1996 YES, thin appkvt;on was made avaaabls to the Texas Ftev;ew erd Comment System (TRACS) for rov;ew on ■ pt). lo.a) 4. Funding Summary: oral of (a), (b), le) i (d) mun ►pr« with W. � Program N not covarad by 1. O. 12372 � Proprwn hove not bea.nt *.&acted by .torte for review a. State Gram Funds IATPA) 1 130,183 b. Year 96 Fund Balance. 4 H appGcabie - --- ------- --- ------ -- - -- -- -- ........................».............»............................................._............................... ............................ ».. 16, le tl,e appLearn d�inglwrl on arty 1+dwa1 dwbtl e. Cash Match t 0 ----------------------- - - - --- d. In•K;nd t an expteation ® WO TES If Kra" attach e- 0 a. TOTAL REQUESTED FUNDING 4 130,183 16. To the ben of my know&edpe and bal6f, all dne in th;e appkwt;on n true and correct. The doctanam has 6"n duly suthor;tsd by the govarrwtg body of the appl';card and the app"m wW comply with the srrtached asstrsrwes H the ►.*&nano. ;s awarded. ::•�tY'N: oi' Aiitl; w; a: J' bii' rci�1 ...............—........................._......... 6:' Y... ..................... »......�:' r:i�Pi;o;» Hw;,b«................_.................._....._- Michael E. Malone City Manager -(903) 785 -7511 d: "Sipn;rtur:'oi'Autfwria ►d'O f fici al .................................................................... ............................... .. . .................... ............................ ».. e. Dart or grwd June 16, 1995 - - ` - - - - -- -- EXH 1 B t -V A Resolution No. 95 -057, authorizing an application to be made to the Office of •the Governor, Criminal Justice Division, for a Juvenile Justice and Delinquency Prevention Act grant in the approximate amount of $55,000.00, being 50% of the estimated cost of the Juvenile Justice and Delinquency Prevention Program, said total program cost being $110,000.00, with 50% to be provided by the City of Paris and the Paris Independent School District each paying one -half in the form of matching funds and in -kind services, was presented. A motion was made by Councilman Neeley, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 2 a 5 RESOLUTION NO. 95 -057 WHEREAS, the Office of the Governor, Criminal Justice Division, provides funding for Juvenile Justice and Delinquency Prevention Act grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Juvenile Justice and Delinquency Prevention Act grant in the approximate amount of $55,000.00, which partially funds a project which will include two Juvenile Justice Resource Officers, in the approximate total amount of $110,000.00, which requires a 50 % local matching contribution of approximately $55,000.00, of which the City of Paris and the Paris Independent School District each will provide one -half in the form of matching funds and in -kind services; NOW, THE, RE FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor, Criminal Justice Division, for a Juvenile Justice and Delinquency Prevention Act grant in the approximate amount of $55,000.00, which partially fiends a project which will include two Juvenile Justice Resource Officers, in the approximate total amount of $110,000.00, which requires a 50% local matching contribution of approximately $55,000.00, of which the City of Paris and the Paris Independent School District each will provide one -half in the form of matching funds and in -kind services. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and lie is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the Juvenile Justice and Delinquency Prevention Program. PASSED AND ADOPTED this 9th day of June, 1995. Eric S. Cliffor , Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS K. Hhynes, City X86. AVP0CAfj6W FOR STATE 6ii+EDERAL ASSISTANCE OFFICE OF THE GOVERNOR, CRIMINAL .JUSTICE DIVISION 1. For CJD Use Only rr z "IJ'00'WJe Submitted b. Applicant Identifier June 30, 1995 I 2. Federal/State Program Classification (For CJD Use Only), 4, a. Date Received by Slate/COG I b. Stale Application Identifier 1 5. Applicant Information a. Legal Name: __ c. Organizational Unit �— of Paris Paris Texas Paris Police Department b. Address (give street or P. O. Box, ch)4 state, and zip code) d. Name, telephone, and fax number of the person to be contacted P. 0. Box 9037 concerning this application (give area code). Paris, Texas 75461 -9037 Karl Louis - (903) 785 -7511- Telephone (903) 737 -4142- Fax 6. State Payee Identification Number 7. Type of Applicant (en(er the appropriate letter in box) ILI 17560006359000 A. Stale H. Independent School Distria B. County 1. Slate Controlled Institution of Higher Laoming C. Municipal J. Privale University 8. Type of Application: D. Township K Indian Tribe O New XJ Continuation E. Interstate L. Individual F Inlem,u i cipal M. PrM1e NonprofA Corporation G. SpecialDislricl N. Other (specify): 9. Name of Grantor Agency: If continuation, enter year of funding �_ Office of the Governor, Criminal Justice Division 10. If Application for Federal Funds: P. O. Box 12428 ' Check.Catalog of Federel Domestic Assistance Number. (only one) Austin, Texas 78711 & 18.540 — Juvenile Justice a Delinquency Prevention Act 11. Geographic Areas of Project Activities (C1Des and Counties) O 16.575 — Victims of Crime Act City of Paris, Paris, Texas O 18.579 —Texas Narcotics Control Program 16.580 —High Intensity Drug Trafficking Program 12. Trite of Project: 13. Proposed Project: a. Start Date: April 1, 1996 b. Endli-o 1'r1r: March 31, 1997 Juvenile Justice Resource Officers Grant 14. If Application for State Fund: .. .................................... i b. if 421 Fund, check priority (only one) c. Check One: a. Check appropriate fund: 'or.:; .. -ti O 421 Fund O Crime Stoppers Assistance Fund ': O C.J. Planning O Law Enforcement Training O Juvenile O Other Fund 0 Violent Crime O Drugs O Gangs O Victims O Nonyuvenile 15. Requested Funding: 16. Is application subject to review by state executive order 12372 process? a. Federal Grant S ,00 Funds (CJD) YES, this application was provided to the Texas Review and Comment System »... ».._ »»...»» ................................................... .. ».. » »........................ (TRACS) for review on b. state Grant S 57,799 .00 Funds (CJD) ' (date) O Program is not covered by E. O. 12372 c. Cash Match S 21,451 •00 ......... ».... » »........ »» _....................... »..._.__..» .... ............................... O Program has not been selected by state for review d, In -lOnd $ 00 36,348 (VOCA & Tiee V Only) 17. Is the applicant delinquent on any federal debt? ................................................................................. e. TOTAL ............................... S .00 115,598 O YES If 'Yes' attach an explanation NO 18. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance Is awarded. a. Typed Name of Authonzed Official b. Title c. Telephone Number Michael E. Malone City Manager (903) 785 -7511 d. Signature of Authortaed Official e. Date Signed June 30, 1995 CJD-1 Issued 10/94 Pll PIPIT A Resolution No. 95 -058, reappointing Mrs. Norman Davis, Bill Lightfoot and Rick Powell as members of the Committee of Architectural Preservation of the Central Business District of the City of Paris for terms of two years, beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 237 RESOLUTION NO. 95 -058 WHEREAS, the terms of office of Mrs. Norman Davis, Bill Lightfoot and Rick Powell, as members of the Committee of Architectural Preservation of the Central Business District of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, has reappointed Mrs. Norman Davis, Bill Lightfoot and Rick Powell for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997, and has submitted the names of such persons to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the reappointments of Mrs. Norman Davis, Bill Lightfoot and Rick Powell as members of the Committee of Architectural Preservation of the Central Business District of the City of Paris for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997, be, and the same are hereby, confirmed. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS-,TO FORM: K. Haynes, CKAttorney Resolution No. 95 -059, recommending the appointment Charles H. Neeley to the Board of Directors of the Ark -Tex Council of Governments to the Executive Committee of the Ark -Tex Council of Governments, was presented. A motion was made by Councilman Fulbright for approval of the resolution. The motion was seconded by Councilman Bell, and carried 5 ayes, 0 nays. t ti Resolution No. 95 -060, reappointing Randy R. Bunch, James M. Burnett and Edmond Castleberry as members of the Band Commission of the City of Paris for a term of one year, beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 2 a 9F RESOLUTION NO. 95 -059 WHEREAS, the City Council of the City of Paris did heretofore, by Resolution No. 1330, on the 8th day of September, 1969, become a member of the Ark -Tex Council of Governments; and, WHEREAS, in accordance with the Bylaws of the Ark -Tex Council of Governments, its Board of Directors shall be composed of members elected or appointed by its membership; and, WHEREAS, the City Council is entitled to appoint three of its members to serve on the Board of Directors of the Ark -Tex Council of Governments, as provided in said Bylaws; and, WHEREAS, the term of office of Charles Fulbright, as a member of the Board of Directors of the Ark -Tex Council of Governments, expired on May 31, 1995; and, WHEREAS, there exists other vacancies in the City's representation on the Board of Directors of the Ark -Tex Council of Governments due to Don Shelton and Millie McDonald no longer being members of the City Council, and it is necessary to appoint their successors; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointment of Charles Fulbright and the appointments of Alan Boyd and Charles H. Neeley for terms of one (1) year, beginning June 1, 1995, and ending May 31, 1996, or for as long as they are members of the City Council, or until their successors are duly appointed; and, WHEREAS, the Mayor does also hereby recommend the appointment by the Board of Directors of the Ark -Tex Council of Governments of Charles H. Neeley to serve as a member of the Executive Committee of the Ark -Tex Council of Governments; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that Charles Fulbright be, and he is hereby, reappointed, and that Alan Boyd and Charles H. Neeley be, and they are hereby, appointed to serve as members of the Board of Directors of the Ark - Tex Council of Governments for terms of one (1) year, beginning June 1, 1995, and ending May 31, 1996, or for as long as they are members of the City Council, or until their successors are duly appointed; and, BE IT FURTHER RESOLVED, that Charles H. Neeley be, and he is hereby, recommended for appointment by the Board of Directors of the Ark -Tex Council of Governments to the Executive Committee of the Ark -Tex Council of Governments. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED K. Haynes, Ci y RESOLUTION NO. 95 -060 WHEREAS, the terms of office of Thomas R. Bunch, James M. Brunette and Edmond Castleberry, as members of the Band Commission of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, has reappointed Thomas R. Bunch, James M. Brunette and Edmond Castleberry for terms of one (1) year, beginning July 1, 1995, and ending June 30, 1996, and has submitted the names of such persons to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the reappointments of Thomas R. Bunch, James M. Brunette and Edmond Castleberry as members of the Band Commission of the City of Paris for terms of one (1) year, beginning July 1, 1995, and ending June 30, 1996, be, and the same are hereby, confirmed. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: JT.K. aynes, - fvy Attorney Resolution No. 95 -061, reappointing Tommy Gantt, and that Bill Davidson be, and he is hereby, appointed to serve as alternate members of the Board of Adjustment of the City of Paris for terms of two years, beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 040 241. RESOLUTION NO. 95 -061 WHEREAS, the terms of office of Tommy Gantt and Harold C. Greene, as alternate members of the Board of Adjustment of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointment of Tommy Gantt and the appointment of Bill Davidson for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Tommy Gantt be, and he is hereby, reappointed, and that Bill Davidson be, and he is hereby, appointed to serve as alternate members of the Board of Adjustment of the City of Paris for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997. PASSED AND ADOPTED this 12th day of June, 1995. 7 Eric S. Cli f , Ma r ATTEST: \-�- "r-CNMI)"Cvx� Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Resolution No. 95 -062, resolving that Jo Miesch, as a member of the Board of Directors of a Local Financial Institution, Rich Powell, as a nursery or or landscape interest, Michael Rhodes, as a member of the Visitors and Convention Council of the Chamber of Commerce, William Cupit, as a realtor, Ed Ellis, as a member of the Lamar County Bar Association, Patsy Daniels, as a member of the Lamar County Genealogical Society, F. I. McClanahan, as a member -at- large, and Flo Burnette, as a member -at -large be, and they are hereby reappointed to to serve as members of the Historic Landmark Preservation Committee of the City of Paris for terms of two years, beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO, 95 -062 WHEREAS, the terms of office of Jo Miesch, Rick Powell, Michael Rhodes, William Cupit, Ed Ellis, Patsy Daniels, F. 1. McClanahan and Flo Brunette, as members of the Historic Landmark Preservation Committee of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of Jo Miesch, as a member of the board of directors of a local financial institution, Rick Powell, as a nursery or landscape interest, Michael Rhodes, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, William Cupit, as a realtor, Ed Ellis, as a member of the Lamar County Bar Association, Patsy Daniels, as a member of the Lamar County Genealogical Society, F. I. McClanahan, as a member -at- large, and Flo Brunette, as a member -at- large, for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that Jo Miesch, as a member of the board of directors of a local financial institution, Rick Powell, as a nursery or landscape interest, Michael Rhodes, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, William Cupit, as a realtor, Ed Ellis, as a member of the Lamar County Bar Association, Patsy Daniels, as a member of the Lamar County Genealogical Society, F. I. McClanahan, as a member - at- large, and Flo Brunette, as a member -at- large, be, and they are hereby, reappointed to serve as members of the Historic Landmark Preservation Committee of the City of Paris for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: V__ �' La��rtcl Mattie Cunningham, City Clerk APPROVED AS TO FORM: t T. K. ynes, Cit Attorney Resolution No. 95 -063, reappointing William Vaughan, Ann Hutto, Dr. Richard Bercher, Michael R. Rhodes, Ralph Rodgers, Richard M. Amis and Louis Yates, Jr. to serve as members of the Paris Hospital Authority for a term of two years beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 243 RESOLUTION NO. 95 -063 WHEREAS, the terms of office of William Vaughan, Ann Hutto, Dr. Richard Bercher, Michael R. Rhodes, Ralph Rodgers, Richard M. Amis and Louis Yates, Jr., as members of the Paris Hospital Authority, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of William Vaughan, Ann Hutto, Dr. Richard Bercher, Michael R. Rhodes, Ralph Rodgers, Richard M. Amis and Louis Yates, Jr. for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that William Vaughan, Ann Hutto, Dr. Richard Bercher, Michael R. Rhodes, Ralph Rodgers, Richard M. Amis and Louis Yates, Jr. be, and they are hereby, reappointed serve as members of the Paris Hospital Authority for terms of two (2) years, beginning July 1, 1995, and ending June 30, 1997. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: K. 1-laynes, City Resolution No. 95 -064, reappointing Jackie Alsobrook and Keitt Wood, and appointing Toni ponnan to serve as members of the library Advisory Board of the City of Paris for a term of three years beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 244 RESOLUTION NO. 95 -064 WHEREAS, the terms of office of Jackie Alsobrook, Keitt Wood and William Hagood, as members of the Library Advisory Board of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of Jackie Alsobrook and Keitt Wood and the appointment of Toni Dorman for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Jackie Alsobrook and Keitt Wood be, and they are hereby, reappointed; and that Toni Donnan be, and she is hereby, appointed to serve as members of the Library Advisory Board of the City of Paris for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1908. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clif r or ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. aynes, Ci y Attorney Resolution No. 95 -065, reappointing Curtis Fendley and Leon Williams to serve as members of the Board of Directors of the Paris Economic Development Corporation for a term of three years beginning July 20, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 245 RESOLUTION NO. 95 -065 WHEREAS, the terms of office of Curtis Fendley and Leon Williams, as members of the Board of Directors of the Paris Economic Development Corporation, will expire on July 19, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of Curtis Fendley and Leon Williams for terms of three (3) years, beginning July 20, 1995, and ending July 19, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Curtis Fendley and Leon Williams be, and they are hereby, reappointed to serve as members of the Board of Directors of the Paris Economic Development Corporation for terms of three (3) years, beginning July 20, 1995, and ending July 19, 1998. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. lifford, Mayor ATTEST: v Mattie Cunningham, City Clerk APPROVED AS TO ,ORM: T. K. Haynes, City Attorney Resolution No. 95 -066, reappointing Louis Yates, Jr. and Marshall Kent and appointing Millie McDonald to serve the unexpired term of Richard Hunt which ends December 31, 1997 as members of the Planning and Zoning Commission of the City of Paris, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 246 RESOLUTION NO. 95 -066 WHEREAS, the terms of office of Louis Yates, Jr. and Marshall Kent, as members of the Planning and Zoning Commission of the City of Paris, will expire on June 30, 1995; and, WHEREAS, there exists another vacancy on the membership of the Planning and Zoning Commission of the City of Paris due to the resignation of Richard Hunt, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointment of Louis Yates, Jr. and Marshall Kent for terms of three (3) years, beginning July 1, 1995, and, ending June 30, 1998; and, WHEREAS, the Mayor does also hereby recommend the appointment of Millie McDonald to serve the unexpired term of Richard Hunt, which ends December 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Louis Yates, Jr. and Marshall Kent be, and they are hereby, reappointed to serve as members of the Planning and Zoning Commission of the City of Paris for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998; and, BE IT FURTHER RESOLVED, that Millie McDonald be, and she is hereby, appointed to serve the unexpired term of Richard Hunt, which ends December 31, 1997, as a member of the Planning and Zoning Commission of the City of Paris. PASSED AND ADOPTED this 12th day of June, 19 Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS T FORM: T. K. Ha nes, City orney Resolution No. 95 -067, reappointing Mary Lane, Rickey Mackey and George Robinson, and appointing Emily White to serve as members of the Traffic Commission of the City of Paris for terms of three years, beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 247 RESOLUTION NO. 95 -067 WHEREAS, the terms of office of Mary Lane, Rickey Mackey, George Robinson and Pauline Franklin, as members of the Traffic Commission of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of Mary Lane, Rickey Mackey and George Robinson and the appointment of Emily White for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Mary Lane, Rickey Mackey and George Robinson be, and they are hereby, reappointed, and that Emily White be, and she is hereby, appointed to serve as members of the Traffic Commission of the City of Paris for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, May ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Hynes, C' Attorney ME City Manager called for consideration of and action on a request for waiver of penalty and interest on delinquent taxes on property located at 662 Bonham Street, Account No. P 104572, owned by David G and Lynn Taylor, dba Mr. Goodlube. City Attorney Haynes explained that Mr. Taylor made an inquiry of the Lamar County Appraisal District concerning taxes owed on this property, the property owners were informed that no taxes were owed, and were subsequently billed for delinquent taxes years later. City Attorney advised that under the circumstances, it would be justifiable to waive penalty and interest on the Delinquent taxes owed. Councilman Bell made a motion authorizing waiver of penalty and interest on delinquent taxes on property located at 662 Bonham Street, Account No. P 104572, owned by David G and Lynn Taylor, dba Mr. Goodlube. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. A motion was made by Councilman Neeley, seconded by Councilman Fulbright approving illumination sites that meet the Texas Department of Transportation minimum illumination warrants on Paris' Loop 286 where it intersects U. S. 82 East, U. S. 82 West and SH 19 with an estimated cost of the project being $250,000.00, to be funded by the Texas Department of Transportation. The motion carried 5 ayes, 0 nays. Resolution No. 95 -068, authorizing and directing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris,'the certification for a grant in the amount of $535,663.00 under the Comprehensive Grant Program (CGP) for physical and management improvements within the Five Year Action Plan (HUD- 52834), was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95_068 WHEREAS, the Housing Authority of the City of Paris has applied for a grant in the amount of $535,663.00 under the Comprehensive Grant Program (CGP) for physical and management improvements within the Five Year Action Plan (HUD - 52834); and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that the City Manager of the City of Paris, Michael E. Malone, as Chief Executive Officer of the unit of general local government, be authorized to execute the required certification, in the form of Exhibit A, attached hereto, for the Housing Authority of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, the certification, in the form of Exhibit A, attached hereto, as a part of the Annual Statement and Five -Year Action Plan *for the Comprehensive Grant Program for the Housing Authority of the City of Paris. PASSED AND ADOPTED this 12th day of June, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. Haynes, i Attorney Local government Statement U.S. Department of Housing Comprehensive Grant Program (CGP) and Urban Development x... OCfice`of Public and Indian Housing OMB Approval No, 2577 -0157 (Exp. 7/31/95) Public Reporting Burden for this collection is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410 -3600 and to the Office of Management and Budget. Paperwork Reduction Project (2577- 0157), Washington, D.C. 20503. Do not send this completed form to either of these addresses. As Chief Executive Officer of the units of the unit of general local governmenUlndian tribe known as The City of Paris. Texas in.which the (name of Public Housing Agency (PHA) or Indian Housing Authority (II-IA) Housing Authority of the City of Paris. Texas I certify to the following: 1. The PHA/IHA developed the Comprehensive Plan /Annual 3. Statement in consultation with local government officials /Indian tribal officials and with residents of the developments covered by the Comprehensive Plan /Annual Statement, in accordance with the requirements of the Comprehensive Grant Program; 2a. For PHAs, the Comprehensive Plan /Annual Statement is consistent with the unit of general local government's assessment of its low- income housing needs (as evidenced by its Comprehensive Housing Affordability Strategy (CHAS) under 24 CFR Part 91, if applicable), and that the unit of general local government will cooperate in providing residen programs and services; or 2b. For IHAs, the Comprehensive Plan /Annual Statement is consistent with the appropriate governing body's assessment of Its low- income housing needs and that the appropriate governing body will cooperate in providing resident programs and services; and Note: The Comprehensive Plan Includes the Action Plan. Name of Chief Executive Officer: operates, The PHA's/IHA's proposed drug elimination activities are coordinated with and supportive of local drug elimination strategies and neighborhood improvement programs, if applicable. Under the Cooperation Agreement, the local /tribal government is providing public services and facilities of the same character and to the same extent to Public and Indian housing as are furnished to other dwellings and residents of the locality. Where additional on -duty police are being funded under the Comprehensive Grant Program, such police will only provide additional security and protective services over and above those for which the local/tribal government is contractually obligated to provide under the Cooperation Agreement. Signature of Chief Executive Officer and Date: Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and /or civil penalties. (18 U.S.C. 1001, 1010. 1012; 31 U.S.C. 3729, 3802) Page 1 of 1 EXHIBIT "A" form HUD -52835 (01/05/94) ref Handbook 7485.3 251 Mr. Tim Masters, Manager of TCA Cable of Paril., was present telling the City Council of the upgrading of the cable system in Paris, and said they are making progress. Mr. Masters presented a vedio tap explaining that plans were made to replace 100° of the cable lines and all the electronic equipment that makes up TCA 235 miles of cable plant. When finished, they will have optional channels, optional services, digital music services, and more convenience such as instance accessibility to new channels, parental control of selective channels, and more. Mr. Masters said estimated completion time will eighteen months. There being no staff reports or comments from the City Council, the meeting was adjourned at 7:21 P. M. , ERIC CLIFFORD,'MAYOR ATTEST: MATTIE CUNNINGHAM, CIT CLERK MINUTES OF THE PLANNING AND ZONING COMMISSION Monday, June 5, 1995 AGENDA ITEM The Planning and Zoning Commission met Monday, June 5, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 5. Joe McCarthy 2. Nadine Ausbie 6. Joel McCray 3. Marshall Kent 4. Curtis Fendley Steve Methven, Chief Building Inspector was also present in the absence of Earl Smith. MS,nbers absent were: Eva Flenniken and Louis Yates. The meeting was called to order by Reeves Hayter. Minutes of the Monday, ivlay 1, 1995 meeting were approved as submitted by a motion from Curtis Fendley and seconded by Marshall Kent. Motion carried 5 aves 0 nays. 1. Public Hearing to consider the petition of Hayden Swaim for a change in zoning from an A-ricultural District (A) to a Planned Development B Dwelling District (PD -b) located on Lots 1- 2- 3- 4- 5- 19- 20- 21- 22 -23 -24 of Block C of Cedar Park Addition, located on S.E. 40th. There was no one present to speak in favor nor in opposition to this zoning request. A motion was made by Curtis Fendlev to table this item. The motion was seconded by Marshall Kent and carried by a vote of 5 ayes and 0 nays. 2. Public Hearing to consider the petition of Randy Roam for a change in zoning from a Single Family Two Dwelling District (SF -2) to a Neighborhood Service District (NS) on Lot 1, City Block 197, located at 1878 W. Maple Street. Reeves Hayter declared the Public Hearing opened. Randy Roam spoke on his own behalf stating that this was a residential service to help people in the neighborhood and people in the community with small repair work from furniture to various home repairs. Mr. Hayter questioned the traffic that might be associated with this. Mr. Roam replied that there would be no added traffic, most of his business would be picked up or done on site. 253 Mr. Roam was asked if equipment would be disturbing to the residents. He told the commission that he would be using only a table saw and normal small shop tools. Mr. Hay-ter asked about a sign being placed on the property. Mr. Roam stated he had plans to put up a small sign to advertise the business with his phone number. There was no one else to speak in favor of the zoning change. No one spoke in opposition to the zoning request and Mr. Hay-ter declared the public hearing closed. A motion to recommend approval was made by Joel McCray and seconded by Curtis Fendley. The motion carried 5 ayes to 0 nays. 3. Public Hearing to consider the petition of Tommy Norris for a change in zoning from a Single Family Three Dwelling District (SF -3) to a Neighborhood Service (NS) on Lot 44, Block A of the East Park Addition, located at 1603 N.E. 10th. Public Hearing was opened for consideration. There was no one to appear before the commission concerning this petition. A motion to table was made by Joe McCarthy and seconded by Marshall Kent. The motion carried with a vote of 5 ayes and 0 nays. 4. Public Hearing to consider the petition of Philip Wells for a change in zoning from a Single Family Two Dwelling District (SF -3) to a Two Family Dwelling District (3F) on Lot 1, Block 4 of the Highland Park Addition, located at 3004 Cleveland. The Public Hearing .eras opened for consideration. Sybil Colson spoke on behalf of Mr. Wells. She stated the intent was to make a duplex out of a 2500 square foot existing house. She also stated that there were numerous duplexes in the area with one being next door to the property and another down the street. Ms. Colson also stated there were apartments across the street from this location and this request would be consistent with the zoning in the neighborhood. There was no one else to speak in favor nor anyone to speak in opposition. The public hearing was closed. A motion to recommend approval was made by Curtis Fendley and seconded by Marshall Kent. The motion carried 5 ayes and 0 nays. Mr. Hayter informed Ms. Colson of the public hearing that would be held by the Council concerning this petition on Monday, June 12, 1995 at 6:00 p.m. and a representative would need to be present on behalf of this petition. 254 5. Public Hearing to consider the petition of George Marks for a change in zoning from a Single Family Three Dwelling District (SF -3) to a Single Family Three Dwelling District _ (SF -3) with a Specific Use Permit Mobile Home (39) on Lot 5, City Block 71, located at 912 N.E. 7 112 Street. Reeves Hayter opened the hearing. Mr. George Marks of 2000 Plum addressed the Commission. Mr. Marks recently purchased a mobile home and was requesting a zoning change to be able to place it on this lot. Mr. Marks stated this was an old neighborhood. There were only four houses on the street and two of them had been built in the 1930's. He also told the commission that the majority of residents in this area were elderly. Mr. Marks stated the only modern house on the street was built after the tornado in 1982. Marshall Kent asked if all neighbors had been notified and if there had been any opposition. Mr. Methven said the neighbors had been notified and he had received several calls concerning this request, however no one had spoken against this petition. A motion to approve this petition was made by Marshall Kent and seconded by Nadine Ausbie. The motion carried with a vote of 4 ayes and l nay, with Curtis Fendley voting in opposition to this request. Mr. Marks was also informed of the Council meeting Monday, June 12, 1995 at 6:00 p.m. and that he would need to be present concerning this request. 6. The Planning and Zoning considered the replat of Lot 7, of the Blake Terrace Addition. Mr. Hayter reminded the commission that this was a part of Louis Yates new addition that had been tabled the previous month because of property line concerns. It had been recommended by Earl Smith at that time to replat this lot. A motion was made by Nadine Ausbie to bring item from the table, seconded by Joe McCarthy and the motion carried by a vote of 5 ayes and 0 nays. Mr. Yates was not present. After some discussion by the Commission, Joe McCarthy made a motion to table this item. The motion was seconded by Nadine Ausbie and carried with a vote of 5 ayes and 0 nays. This item will be reconsidered at the Planning and Zoning meeting in July. 7. Consider recommendation of the Final Plat for Lot 7, City Block 307 -A. After some discussion Curtis Fendley made a motion to recommend to Council subject to the City Engineer's recommendation dated May 30, 1995. This motion was seconded by Nadine Ausbie and carried with a vote of 5 ayes and 0 nays. 255 8. Consider replat of Lot 3 -B, City Blbck 313. After the commission discussed the replat, Nadine Ausbie made a motion to approve to Council subject to the City Engineers recommendation dated May 30, 1995. The motion was seconded by Curtis Fendley and carried with a vote of 5 ayes and 0 nays. 9. Consider revised Final Plat of Yates Estates. After some discussion a motion was made by Joe McCarthy to table this item until the July meeting. The motion was seconded by Curtis Fendley and carried by a vote of 5 ayes and 0 nays. Th4meeting was adjourned at b: 15 P.M. Thank you, Steve Methven VIEiVIO RAND UM TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: April 27, 1995 SUBJECT: Replat of Lot 7, Blake addition F I have reviewed the plat of the above referenced properly. It appears that the plat complies with the City of Paris regulations with the following exceptions and/or additions: 1. Certify taxes paid 2. Provide appropriate signatures and seals on original drawing 3. Pay filing fees (Cashiers Check or ivioney Order in the amount of 525.00 made payable to Lamar County Clerk and delivered to the City Engineer's office.) 4. Show finish floor elevation 1 recommend approval of the plat. assuming completion of the above items. Sincerely, Earl E. Smith, P.E. City Engineer EES:sr cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Chanev Engineering Lotus Yates O.L. Lipscomb C H (7 H 2 H rj *C 257 1 -- t� ti f- n N V` 61 N' 0 ov cw�� r O ' O I j�C A C-i vJ � r � r � Tn � V C FA N Cl N r. b C C ° 0 s MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: May 30, 1995 SUBJECT: Final Plat - Lot 7, City Block 307 -A. I have reviewed the plat of the above referenced property. It appears that the plat co plies with the City of Paris regulations with the following exceptions and/or additions: 1. Certify taxes paid 2. Provide appropriate sig matures and seals on original drawing 3. Pay tiling fees (Cashiers Check or Money Order in the amount of 525.00 made payable to Lamar County Clerk and delivered to the City Engineer's office.) 4. Provide water tap to Lot 7 -A; wastewater provided by on -site treatment methods 5. Indicate Commercial Zoning on plat I recommend approval of the plat, assuming completion of the above items. Sincerely, ( �� �.�D /. /�,•�,nzclX�. Earl E. Smith, P.E. City Engineer EES:sr cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Chaney Engineering Lance Nicholson Scott Nicholson i 258' 259 b — --- —A W m i — O nt t O _4 < m rn n O W 7 r+ o m rn -o H N Y.I. 7, V.S. .- Itt F- 0 r�- R D n � O D rc= L RcrlrcOd - --- .rafa• _..__ � c \ . n Z)9.y RO 47• r CL� 1 r'G m 00 ,DQ a / i b � L_ m ° l� ~e ?Z loo = =QCI -c } —\-Jo - ?Q• f loot >� -Z e / I Sol-27 245.16' b+ J �ta���j V INI �wY• Imo. . v. -- U.S Hw X71 �_ Soum Sauna IN�7N� ii largo. ti� 1 lane -� �. U.S. _771 _ Itr 0 1 la 1 S. _ _ Hwv— —27, _ Fiwy. �. S. -- 2% i ram 8wna lon• � O nt t O _4 < m rn n O W 7 r+ o m rn -o H N Y.I. 7, V.S. .- Itt F- 0 r�- R D n � O D 2601 MEYIORANDUIVI TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: May 30, 1995 SUBJECT: Replat - Lot 3 -B, City Block 313 I have reviewed the plat of the above referenced property. It appears that the plat coplies with the City of Paris regulations with the following exceptions and/or additions: 1. Certify taxes paid ?. Provide appropriate signatures and seals on original drawing 3. Pay filing fees (Cashiers Check or Money Order in the amount of 525.00 made payable to Lamar County Clerk and delivered to the City Engineer's office.) 4. Provide water and sewer taps to each lot D. Indicate Commercial Zoning on plat I recommend approval of the plat, assuming completion of the above items. Sincerely, I�LC LPL Earl E. Smith, P.E. City Engineer EES:sr cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Don Oglesby Chaney Engineering 261 c• cz r4 00 `,S -t,� ��7z• -- � ISOO r W •i 1 r N _ r �„ ( u v, t T o : W � PW L4 • T_ I _ N C6 N D ---� G N G •N •N 3U0•GS , o.O• �- N �V I- F7 G (J) dOO~ y.ti t 1 r- •� 7M, • O Y �V Ips "OK ,o 98Z i I �•�i ~j n w � l . fM ✓ � p7 1 132 - 992 MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: May 30, 1995 SUBJECT: Revised Final Plat - Yates Estates I have reviewed the plat of the above referenced property. It appears that the plat complies with the City of Paris regulations with the following exceptions and/or additions: 1. Certify taxes paid 2. Provide appropriate signatures and seals on original drawing ;. Pay filing fees (Cashiers Check or Money Order in the amount of $25.00 made payable to Lamar County Clerk and delivered to the City Engineer's office.) 4. Complete Construction 5. Show Flood Zone 6. Provide replat of Lot 7, Blake Terrace 7. Tie down existing sanitary sewer easement indicated on plat 8. Indicate SF -2 Zoning on plat 9. This revised plat corrects the North Boundary line of Subdivision I recommend approval of the plat, assuming completion of the above items. Sincerely, .T7 ti`'r 1� Earl E. Smith, P.E. City Engineer EES:sr �--� cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney f Louis Yates Chaney Engineering 2 ZZ c6 v h ` o LL ,a oar s ~ 43 6rv4r vI ST.St,O�� .014 3 � L-_ � `� vz•�i r b 1 O 1� L 3_SR -1. +Y i ?SSsI_ON V) 'Cis P4 t F/ O m ti Ql CO t � Q, � f i LS SC2 n+'..SO.OS oo•s c i i 7 �.i C� 1 � �� . N Gt�uC h r ' `� r �•ici �� i C1 vi �n u t V tr 1r c6 v h ` o LL ,a oar s ~ 43 6rv4r vI ST.St,O�� .014 3 � L-_ � `� vz•�i r b 1 O 1� L 3_SR -1. +Y i ?SSsI_ON V) 'Cis P4 t F/ O m ti Ql CO Q, � Q 7 �.i C� 264 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 6, 1995 The City Council of the City of Paris met in regular session, Thursday, July 6, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on July 3, 1995, and attached hereto as part of these minutes as Exhibit A. Mayor Clifford declared the public hearing open to consider the petition of Hayden Swaim for a change in zoning from an Agricultural District (A) to a Planned Development District- Housing Development (PD -b) located on Lots 1, 2, 3, 4, 5, 19, 20, 21, 22, 23, and 24, Block 2, Cedar Park Addition, located in the 2100 Block of 40th S. E. Mayor Clifford called for proponents to appear, and Hayden Swaim, 3645 Reno Drive, appeared before the Council in behalf of his petition requesting the zoning change be granted. My Swaim also presented a preliminary plat of the property. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Bell, seconded by Councilman Boyd authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from an Agricultural District to a Planned Development District - Housing Development on Lots 1, 2, 3, 4, 5, 19, 20, 21, 22, 23, and 24, Block C, cedar Park Addition, to be presented at the next regular city council meeting. The motion carried 7 ayes, 0 nays. Mayor Clifford declared tie public hearing open on the petition of Tommy Norris for a change in zoning from a one - Family Dwelling District No. 3 (SF -2) to a Neighborhood Service District (NS) on Lot 44, Block A of the East Park Addition, located at 1603 10th Street N. E. Mayor Clifford called for proponents to appear, and none appeared. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. City Manager Malone advised the Council that the/ Planning and Zoning Commission had denied the zoning change. A motion was made by Councilman Bell, seconded by Councilman Hunt to deny the zoning, change on Lot 44, Block A, East Park Addition. The motion carried 7 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the petition of Karen Pentecost for a change in zoning from a Two - Family District No. 2 (2F) to a Two - Family Dwelling District No. 2 (2F) and Specific Use Permit Bed and Breakfast (51) on Lot 7, C =Block 62, located at 567 Pine bluff. Mayor Clifford called for proponents to appear, and Jerry Pentecost 567 Pine Bluff, appeared before the Council speaking in favor of his petition telling the Council that this was something that is needed in the Paris as Bed and Breakfast tend to draw a lot of traffic, and a lot of commerce. Mr. Pentecost also explained that this house being in a historical area is a perfect spot for a Bed and Breakfast. There are six bedrooms, three full baths in the main house, three additional units, two of the units have two baths, two bedrooms and one bath, and the other unit has one bedroom, one bath. Mr. Pentecost said there is ample off - street parking. Mark Blanchard was also present supporting the zoning change. Telling the Council that he will be purchasing, the property from Mr. Pentecost and will also be operating the Bed and Breakfast. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Boyd authorizing preparation of an ordinance changing the zoning on Lot 7, Block 62 from a Two Family Dwelling District No. 2 to a Two - Family Dwelling District No. 2 and Specific Use Permit Bed and Breakfast (51), to be presented at the next regular City Council meeting. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was a public hearing on the petition of David Thomas for a change in zoning from a General Retain Oi ;ct (GR) to a General Retail District (GR) and Specific Use Permit - Signs and Billboards (52) on Lot 6, City Block 321, located at 2015 N. E. Loop 286, and advised the Council that the Planning and Zoning Commission had table action on this petition with a continuance on August 7, 1995 at the Planning and Zoning meeting as there was no one appearing for or against the petition, and recommended that Agenda Item No. 9 and 10 be tabled by the City Council until a recommendation is received from the Planning and Zoning Commission. A motion was made by Councilman Fulbright to table Agenda Item No. 9, public hearing on the petition of David Thomas for a change in zoning from a General Retail District (GR) to a General Retail District (GR) and Specific Use Permit - Signs and Billboards (52) on Lot 6, City Block 321, located at 2015 N. E. Loop 286, and Agenda Item No. 10, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District (GR) to a General Retail District (GR) and Specific Use Permit -Signs and Billboards (52) on Lot 6, City Block 321. The motion was seconded by Councilman Boyd, and carried 7 ayes, 0 nays. 266 Mayor Clifford declared the public hearing open to consider the petition of Murrell Green for a change in zoning from a One- Family Dwelling District No. 2 (2F) on Lot 11, Block 2 Highland Park Addition, located at 2031 Cleveland. Mayor Clifford called for proponents to appear, and none appeared. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Neeley, seconded by Councilman Fulbright deny zoning change for Lot 11, Block 2, Highland Park Addition. The motion carried 7 ayes, 0 nays. No action was required on Agenda Item No. 13, Replat of Lot 7, Blake Terrace Addition as the Replat was withdrawn from consideration at the Planning and Zoning Commission's meeting, and it had been previously tabled by the City Council. City Manager Malone called for consideration of and action on approval of the Revised Final Plat of Yates Estates. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the Revised Final Plat of Yates Estates subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lot 3 -B, City Block 313. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the Replat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. No action was taken on Agenda Item No.15, consideration of and action on approval of the final plat for Block 1, Parcouest Addition, as it was withdrawn from the Planning and Zoning Commission's agenda: City Manager Malone called for consideration of and action on approval of the Final Plat of Brownwood Village, Phase II. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the Final Plat of Brownwood Village, Phase II, subject to the approval of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Final Plat of Summerwood Estates (Formerly Sunrise Estates, Phase II). A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the Final Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the closing of that portion of 1st Street S. W. beginning at the south boundary line of Missouri & Pacific Railroad and running south a distance of approximately 520 feet and retaining the necessary easements. Mr. Robert Parker of Robert Parker Realty, representing Consolidated Nutrition Feed Manufacturing that owns the property that was known as '-2f) 7 Paris Milling Company Feed Mill. Mr. Parker said there is a family company in Missouri, Ragland Mills Inc., that would like to purchase this property, and would like to know where their boundary lines are to the property they are actually buying. Mr. Parker told the Council that when his company purchased Paris Milling Company in 1966, they traded stock, and there was no survey of the property, and when they sold it to Archer J. Milling in 1981, we traded stock for their stock, and again, there was no survey. Mr. Parker said this particular track of land was plated, but never opened, and to his knowledge, there has never been a street, and has never been used as a street. Mr. Parker requested that this street be closed. No one else appeared before the Council, and the public hearing was declared closed. A motion was made by Councilman Neeley, seconded by Councilman Bell authorizing preparation of an ordinance closing that portion of 1st Street S. W. beginning at the south boundary line of the Missouri & Pacific Railroad and running south a distance of approximately 520 feet and retaining the necessary easements. The motion carried 7 ayes, 0 nays. Resolution No. 95 -069, amending the Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing to reflect the closing of that portion of 1st Street S. W. beginning at the south boundary line of the Missouri & Pacific Railroad and running south a distance of approximately 520 feet, was presented. A motion was made by Councilman Neeley, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -069 r ail ft WIIEREAS, the IComprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Mousing" for the City of Paris, dated June, 1981, was adopted by the City Council of the City of Paris on December 14, 1981, and requires amendment due to changing circumstances; j� WHEREAS, the owners of property adjacent to that portion of Ist Street S.W. which j begins at the south boundary line of the Missouri & Pacific Railroad Right -of -Way and runs south a distance of approximately 520 feet, more particularly described on Exhibit A, attached hereto, have petitioned the City of Paris to --lose such portion of 1st Street S.W.; and, WIIEREAS, the City Council of the City of Paris has determined that such portion of Ist Street S.W. is not needed for any public purpose and previous owners of adjoining property have been permitted to build substantial improvements that encroach upon the proposed but never constructed portion of said Ist Street S.W.; and, WHEREAS, the City Council has authorized the preparation of an ordinance closing that portion of ist Street S.W. described on said Exhibit A, and such closing should be reflected on the Circulation Plan of the "Comprt:'.� —ii .ivo Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing" by amending such plan; NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF'CIIE CITY OF PARiS. that the "Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing" for the City of Paris be, and the same is hereby, amended so as to reflect the closing of that portion of Ist Street S.W. which begins at the south boundary line of the Missouri & Pacific Railroad Right -of -Way and runs south a distance of approximately 520 feet, more particularly described on Exhibit A, attached hereto, as a proposed street included in the Circulation Plan, Plate 7, of I~ said "Comprehensive Plan ". PASSED AND ADOPTED this 6th day of July, 199 . Eric S. Clifford, Mayor - ATTEST: Mattie Cunningham, City Clerk APPROVED TO FORM: 'we: I'. K. Ilaynes, City torney 269 City Attorney Haynes presented the following petition for rezoning: — Robert Joe Johns, Lot 5 -B, City Block 259, from Single Family Dwelling District No. 2 to a Multiple Family Dwelling District No. 1; Robert Joe Johns, Lot 6 and 7, Block A, Ridgecrest Addition from Single Family Dwelling District No. 2 to a Twc, Family Dwelling No. 2; Carolyn Williams, Lot 1, Block 7, Colonial Addition, from Single Family Dwelling District No. 3 to a rwo Family Dwelling District No. 2; Carolyn Williams, Lot 14, Block 7, Colonial Addition from Single Family Dwelling District No. 2 to Neighborhood Service District; Betty Houston, Lot 1 and 2, Block 10, Belmont Addition from Single Family Dwelling District No. 3 to a Two Family Dwelling District No. ?.. Mayor Clifford referred the petitions to the Planing and Zoning Commission for their study and recommendation at their meeting August 7, 1995, and before the City Council August 19, 1995. City Manager Malone announced that the next item on the agenda was consideration of and action on an ordinance affecting a settlement of the City of Paris' interest in Cause No. D- 142 -176; City of Port Arthur vs Southwestern Bell Telephone Company, et al. City Attorney Haynes advised that it is recommended that the City participates in the settlement of this matter, and explained that during the years our annual fee from Southwestern Bell Telephone 2!0 Company has been $48,000 00 through $57,000.00, the amount of settlement to be received is approximately $240,000.00 in addition to the cash amount of given under the settlement will be certificate entitling the City to purchase options from Southwestern Bell. After discussion, a motion was made by Councilman Boyd, seconded by Councilman Fulbright authorizing preparation of an ordinance affecting a settlement of the City of Paris' interest in Cause No. D -142 -176; City of Port Arthur vs Southwestern Bell Telephone Company et al, to be presented at the next regular council meeting. The motion carried 7 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE WHEREBY TR- '-!TY OF PARIS, PARIS, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY, AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY 'SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUCTS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THE ORDINANCES; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE' SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DAI-E was presented on first reading. A motion was made by Councilman Neeley, seconded by Councilman Fulbright for approval of the ordinance on first reading. The motion carried 7 ayes, 0 nays. There being no further business, the meeti urned at 6:30 P. M. ERIC CLI FORD, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY C �K " '271 MINUTES OF THE PLANNING AND ZONING COMMISSION Monday, July 3, 199 The Planning and Zoning Commission met Monday, July 1, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Marshall Kent 2. Eva Flenniken 5. Curtis Fendley 3. Louis Yates Earl Smith, City Engineer was also present. The meeting was called to order by Reeves Hayter. 1. The minutes of the June 5, 1995, meeting were approved with a motion by Curtis Fendley, seconded by Marshall Kent, motion carried by a vote of 5 ayes and 0 nays. 2. Chairman Hayter declared the Public Hearing opened to consider the petition of Hayden Swaim for a change in zoning from an Agricultural District (A) to a Planned Development B Dwelling District (PD -b) located on Lots 1- 2- 3- 4- 5- 19- 20- 21- 22 -23 -24 of Block C of Cedar Park Addition, located on S.E. 40th. A motion was made by Curtis Fendley to bring from the table, seconded by Marshall Kent. The motion carried by a vote of 5 ayes and 0 nays. Hayden Swaim spoke in favor of the zoning change. No one appeared to speak in opposition and the Public Hearing was declared closed. A motion to recommend approval was made by Curtis Fendley and seconded by Marshall Kent. Motion carried 5 ayes and 0 nays. 3. Chairman Hayter declared the Public Hearing opened to consider the petition of Tommy Norris for a change in zoning from a Single Family Dwelling District No. 3 (SF -3) to a Neighborhood Service District (NS) on Lot 44, Block A of the East Park Addition, located at 1603 N.E. 10th. A motion to bring item from the table was made by ::urtis Fendley and seconded by Marshall Kent. Motion carried 5 ayes and 0 nays. There was no one to speak in favor or in opposition to the zoning request and the Public Hearing was declared closed. A motion to deny was made by Curtis Fendley and seconded y,/ r: ✓r. Flenniken. Motion carried with a vote of 5 ayes and 0 nays. 272 4. Chairman Hayter declared the Public Hearing opened to consider the petition of Karen Pentecost for a change in zoning from a Two Family Dwelling District No. 2 (2F) to a Two Family Dwelling District No. 2 (2F) with Specific Use Permit (51) Bed & Breakfast on Lot 7, Block 62, located at 567 Pine Bluff. Jerry Pentacost spoke in favor of the zoning change. Mr. Pentacost stated a Bed & Breakfast draws tourist. This will contain six (6) bedrooms and will be completely remodeled. There will be parking for eight (8) cars. Mark Blanchard will purchase and operate the bed and breakfast. Mr. Blanchard currently owns the Bed and Breakfast at 750 Pine Bluff. No one else addressed the Commission and the Public Hearing was declared closed. A motion to recommend approval was made by Curtis Fendley and seconded by Marshall Kent. Motion carried by a vote of 5 ayes and 0 nays. 5. Chairman Hayter declared the Public Dearing opened to consider the petition of David Thomas for a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit (52) Signs and Billboards on Lot 6, City Block 321, located at 2015 N.E. Loop 286. No one appeared before the Commission to speak in favor or in opposition and the Public Hearing was declared closed. A motion was made by Marshall Kent to table item with a continuance on August 7, 1995 Planning and Zoning. Motion was seconded by Louis Yates and carried by a vote of 5 ayes and 0 nays. 6. Chairman Hayter declared the Public Hearing opened to consider the petition of Murrell Green for a change in zoning from a Single Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District No. 2 (2F) on Lot 11, Block 2 of the Highland Park Addition, located at 2031 Cleveland. Murrell Green addressed the Commission and requested the zoning change in order to build a duplex at 2031 Cleveland. Joe Stallings spoke in opposition complaining of parking in this area. Roy Reep addressed the Commission in opposition also with a complaint of parking. Mr. Reep also presented a petition with eleven (11) signatures. A motion to recommend denial was made by Curtis Fendley. The motion was seconded by Marshall Kent and carried by a vote of 5 ayes and 0 nays. 7. Consider recommendation of the Replat of Lot 7, Blake Terrace Addition. This item was withdrawn from the agondA 273 8. Consider recommendation of the revised Final Plat of Yates Estates. Louis Yates was excused from the meeting on a motion by Curtis Fendley, seconded by Marshall Kent. The motion carried 4 ayes and 0 nays. A motion to recommend approval subject to City Engineer`s - --.;o. i ndum dated May 30, 1995 was made by Curtis Fendley. The motion was seconded by Marshall Kent and carried with a vote of 4 ayes and 0 nays. Mr. Yates returned to the meeting on a motion by Marshall Kent, seconded by Curtis Fendley, and carried by a vote of 4 ayes and 0 nays. 9. Consider recommendation of the Final Plat for Block 1, Pare Quest Addition. The owner of the property requested withdrawal from the agenda. 10. Consider recommendation of the Replat for Lot 3 -B, City Block 313. Curtis Fendley made a motion to approve replat subject to the City Engineer's memorandum dated July 3, 1995. The motion was seconded by Louis Yates and carried with a vote of 5 ayes and 0 nays. 11. Consider recommendation of the Final Plat for Brownwood Village, Phase II. Curtis Fendley made a motion to approve final plat subject to the City Engineer's memorandum dated July 3, 1995. The motion was seconded by Marshall Kent and carried by a vote of 5 ayes and 0 nays. 12. Consider recommendation of the Final Plat for Summerwood Estates (Formerly Sunrise Estates, Phase II) A motion to approve final plat subject to City Engineer's memorandum dated July 3, 1995 was made by Curtis Fendley and seconded by Marshall Kent. The motion carried by a vote of 5 ayes and 0 nays. 13. Chairman Hayter declared the Public Hearing opened to consider the closing of lst Street S. V. which runs south from the south boundary line of Missouri & Pacific Railroad a distance of approximately 520 feet. Robert Parker appeared representing Consolidated Nutrition and requesting the closing of the street in order to sell the property. The new owners would reopen the mill. No one else appeared and the Public Hearing was declared closed. A motion was made by Curtis Fendley to recommend the petition be granted. The motion was seconded by Eva Flenniken and carried by a vote of 5 ayes and 0 nay:. Meeting was adjourned at 6:30 P.M. 6 aL--�Q, Earl Smith ''74 MINUTES OF TL'F: REGULAR MEETING OF THE CITY COUNCIL July 10, 1995 The City Council of the City of Paris met in regular session, Monday, July 10, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Gene Anderson, Director of Finance, City of Paris. Mayor Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards and commissions, and advised that the Visitors & Convention Council Work Program and Budget Approval Committee met Monday, July 10, 1995, 10:00 A. M. The Committee approved the proposed budget of $212,028.00 for Paris Visitors and Convention Council, and with an operating budget of $142,727.00 for the Love Civic Center, as presented. The minutes of the Paris Public Library Advisory Board, and Paris Economic Development Corporation was presented with no action required. Mr. Gary Vest, Director of Economic Development /Chamber of Commerce, C.E.O., was present, presenting the quarterly report for the Paris Economic Development Corporation. Mr. Vest gave a packet containing the work for the up coming year which includes their goals, objectives and actions, then their Flexible Incentive Plan. Mr. Vest advised the Council that he had included a history of the tax collections since the beginning of the quarter percent sales tax, so you can see how much revenue has been received. Mr. Vest said the proposed budget had also been included. Mr. Vest told the Council that over the last three months their advertising program has generated 97 inquiries, 6 prospect that has come to them throuch direct contact, Lone Star Gas has furnished a prospect, 16 E:cctPic has provided 4 prospects, and 4 leads from Lamar County Cooperative. ORDINANCE NO. AN ORDINANCE AMENDING AND MODIFYING ORDINANCES NO. 2564 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL Of THE CITY OF PARIS ON APRIL 13, 1981, AS AMENDED BY ORDINANCE NO. 93 -021 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON MAY 17, 1993, WHICH GRANTED A 27S FRANCHISE TO LONE STAR GAS COMPANY TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS; PROVIDING FOR THE AMENDMENT OF SECTION 1 DEALING WITH THE TERM OF THE FRANCHISE; PROVIDING FOR THE AMENDMENT OF SECTION 5 DEALING WITH THE EXTENSION OF MAINS; PROVIDING FOR THE AMENDMENT OF SECTION 9 DEALING WITH THE COMPENSATION TO BE PAID TO THE CITY PURSUANT TO THE ORDINANCE AND; PROVIDING AN EFFECTIVE DATE was presented on second reading. A motion was made by Councilman Hunt, seconded by Councilman Boyd for approval of the ordinance on second reading. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD -b) ON LOTS 1, 2, 3, 4, 5, 19, 20, 21, 22, 23, AND 24, BLOCK C CEDAR PARK ADDITION, ON PROPERTY BELONGING TO HAYDEN SWAIM, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD -b) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -024 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) AND SPECIFIC USE PERMIT- BED AND BREAKFAST (51) ON LOT 7, CITY BLOCK 62, ON PROPERTY BELONGING TO KAREN PENTECOST, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT(2F) AND SPECIFIC USE PERMIT - BED AND BREAKFAST (51) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone announced that no action was necessary on Agenda Item No. 5C, Amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District (GR) to a General Retail District (GR) and a Specific Use Permit -Signs and Billboards (52) on Lot 6, City Block 321, being number 2015 N. E. Loop 286, as this item was tabled at the Thursday night meeting. 2 f ORDINANCE NO. 95 -025 -, AN ORDINANCE CLOSING >THAT'PORTION OF THE STREET KNOWN AS 1ST STREET S. W. BEGINNING AT THE SG;;iH BOUNDARY LINE OF THE MISSOURI & PACIFIC RAILROAD RIGHT -OF -WAY AND RUNNING SOUTH A DISTANCE OF APPROXIMATELY 520 FEET; DECLARING NO NECESSITY OR NEED OF SAID PORTION OF STREET FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH IS EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 110, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -026 AN ORDINANCE WHEREBY THE CITY OF PARIS, PARIS, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY,' AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUCTS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THE ORDINANCES; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE' SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE was presented. A motion was made by Councilman Bell, seconded by Councilman Neeley for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of one 1995 Type III, Class I Ambulance Chassis and Module Recount for the Emergency Medical Services Department, and the following bids were presented: Cost Trade -In Total Bid McCoy Miller $55,743.73 $1,000.00 $54,743.73 Taylor Made 46,550.00 1,500.00 45,050.00 Wheeled Coach 51,999.35 -0- 51,999.95 City Manager Malone advised the Council that this item was budgeted at $45,000.00, and it was the recommendation of Kent Klinkerman, Deputy Chief - EMS, that the extra funds be appropriated and that the bid be awarded to Taylor Made Ambulance. 277 X, A motion was made by Councilman Neeley, seconded by Councilman Boyd to award the bid to Taylor Made in the amount of $45,050.00 for one 1995 Type III, Class I Ambulance Chassis' and Module Remount. The motion carried 7 ayes, 0 nays. Resolution No. 95 -070, resolving that the agreement for trade of property owned by Richard B. Swint adjacent to the North Boundary Line of Lake Crook property for property owned by the City of Paris adjacent to its closed landfill on Stillhouse Road is hereby approved, and authorizing the Mayor of the City of Paris, Eric S. Clifford, be and he is hereby authorized and directed to execute such agreement, was presented. City Attorney Haynes advised the Council that the City of Paris had a need for cover dirt for the old landfill under the obligations that the City has to maintain the old landfill on Stillhouse road any subsidence must be filled and leveled with grass growing on it. Dr. Swint has agreed to make available to the City of Paris 80,000 cubic yards of soil as needed for the landfill, in addition to that, he has made available 16,000 cubic yards from a pool site that he is going to excavate, along with the City having the right to purchase an additional 10,000 cubic yards of dirt at 50¢ per cubic yards. City Attorney Haynes said that Dr. Swint wanted to trade approximately 79 acres of land that he has at Lake _Crook for the land that the City owns located next to the old landfill known as Rosson land. After discussion, a motion was made by Councilman Neeley, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION I® �, 95 -070 WHEREAS, Richard B. Swint did heretofore propose to trade property adjacent to the North Boundary Line of Lake Crook property for property owned by the City of Paris adjacent 'o its closed landfill on Stillhouse Road; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris to trade with Richard B. Swint upon the terms and conditions shown in Exhibit A, attached hereto; and, WHEREAS, the form of agreement for such trade, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the form of the contract between the City of Paris and Richard B. Swint, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the agreement with Richard B. Swint in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day o ATTEST: Matti e Cunningham, City Clerk APPROVED A TO FORM: T. K. ' aynes, ity Attorney 279 STATE OF TEXAS KNOW ALL MEN BY THE, SE PRESENTS: COUNTY OF LAMAR THAT, the CITY Or PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and RICHARD B. SWINT, hereinafter called SWINT, do hereby contract and agree as follows: 1. CONSIDERATION CITY agrees to convey to SWINT 149.201 acres in the John Wilson Survey #981, being a part of the 157.768 acre tract of land conveyed to the City of Paris by deed from Walter Rosson and wife, Patsy Bell Rosson, dated December 28, 1989, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and an 8.357 acre tract of land conveyed to the City of Paris by deed from Richard B. Swint, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, more particularly described in the proposed deed attached hereto as Exhibit A, and SWINT agrees to convey to CITY 78.09 acres in the James Dalton Survey 11249, being a part of a 90.59 acre tract of land conveyed to Richard B. Swint by deed from Wood 1-1. Patrick and wife, Lorena Patrick, dated April 17, 1961, recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, more particularly described in the proposed deed attached hereto as Exhibit B. 2. ADDITIONAL CONSIDERATION SWINT agrees to make available additional consideration in the form of 80,000 cubic yards of soil to be gathered from the Stiiihouse Creek bottom from SWINT's wetland project. CITY is given the right to take an additional 10,000 cubic yards of soil at a price of $.50 per cubic yard from the same wetland project area, and CITY is also given the right to take an Agreement Between CITY and SWINT Page t EXH 1 811 A 280 RICHARD B. SWINT Richard B. Swint STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared ERIC S. CLIFFORD, Mayor 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 the 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 July, 1995. Notary Public State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ; BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared RICHARD B. SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1995. Notary Public State ot. Texas A *reement Between CITY it SWINT Page 3 S I GENERAL WARRANTY DEED THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, by and through its Mayor, Eric S. Clifford, for and in consideration of RICHARD B. SWINT conveying 78.09 acres in the James Dalton Survey #249, being a part of a 90.59 acre tract of land conveyed to Richard B. Swint from Wood H. Patrick and wife, Lorena Patrick, dated April 17, 1961, recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and additional consideration in the form of 80,000 cubic yards of soil to be gathered from the Stillhouse Creek bottom from RICHARD B. SWINT's wetland project, the right to take an additional 10,000 cubic yards of soil at the price of $.50 per cubic yard from the same wetland project area, and the right to tai:e an additional 8,920 cubic yards from the pool excavation site or sites from RICHARD B. SWINT's property located east of Stillhouse Road and north of the CITY OF PARIS' closed landfill site, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed, any by these presents do Grant, Sell and Convey unto the said RICHARD B. SWINT, of the County of Lamar, State of Texas, whose mailing address is 2510 Stillhouse Road, Paris, Texas 75460, all that certain tract' or parcel of land situated in Lamar County, Texas, and described as follows: TRACT NO. 1 SITUATED about 5 miles North 25° lust of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey #981, being the same tract of land described in deed from Richard B. Swint to the City of Paris, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of a 157.768 ac: e tract of land conveyed to the City of Paris by deed recorded in Volume 131, Page 276, Real Property Records, Lamar County, Texas; THENCE North 89° 28' 00" Fast a distance of 1693.20 feet to a point; THENCE North 89° 41' 00" East a distance of 787.60 feet to a point, same point being the most northerly northeast corner of said 157.768 acre tract; THENCE South 02° 11' 00" West a distance of 371.50 feet to a point in the East Boundary Line of said 157.768 acre tract; THENCE South 0l ° 37' 00" West a distance of 225.90 feet to a point in the East Boundary Line of said tract; THENCE South 00° 46' 00" West a distance of 606.30 feet to a point; THENCE South 00° 25' 00" East a distance of 199.39 feet to the PRINCIPAL POINT OF BEGINNING; THENCE South 87° 5 P 00" East a distance of 1319.25 feet to a point; THENCE South 00° 55' 45" West a distance of 55.0 feet to a point; THENCE North 87° 5V 00" West a distance of 581.80 feet to a point; THENCE South 00° 58' 00" West a distance of 578.10 feet to a point, same point being the most easterly northeast corner of said 157.768 acre tract; EXHIBIT THENCE North 84° 51' 00" West a distance of 392.40 feet to a point; THENCE North 06° 04' 00" West a distance of 394.80 feet to a point; THENCE South 88° 29' 00" West a distance of 292.10 feet to a point; THENCE North 00° 25'.4 " istance of 240.61 feet to the PRINCIPAL POINT OF BEGINNING, 'eontai g 8.357 acres of land, more or less; , TRACT NO. 2 SITUATED about 5 miles North 25° East of the City of Paris, County of Lamar, and State of Texas, a part of the John Wilson Survey X1981, being a 62 acre tract, a 25 acre tract , a 22.09 acre tract, and an 11.25 acre tract of land conveyed to A. J. Rosson by deed recorded in Volume 337, Page 7, a 9 acre tract and a 12 acre tract of land conveyed Dorothy Rosson Balser, et al by deed recorded in Volume 692, Page 467, Deed Records, Lamar County, Texas, and also a 20.66 acre tract of land owned by Hester and sold to A. J. Rosson, and being more particularly described as follows: BEGINNING at an iron pin (s) for corner at the present southwest corner of said 62 acre tract, said point being the present northwest corner of a 20 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of said Deed Records; THENCE along the East Boundary Line of a county road as follows: North 0° 06' East a distance of 1663.3 feet to an iron pin (s); North 0° 52' East a distance of 545.3 feet to an iron pin (s) for corner at the southwest corner of a 1 acre tract of land conveyed to Mt. Carmel Baptist Church by deed recorded in Volume 408, Page 191, of said Deed Records, said 1 acre tract being conveyed out of said 25 acre tract; THENCE North 88° 09' East along a fence a distance of 185.8 feet to an iron pin (s) for corner at the southeast corner of said 1 acre tract; THENCE North 00 16' East along a fence a distance of 211.3 feet to an _ iron pin (s) for corner at the northeast corner of said I acre tract; THENCE South 85' 52' West along a fence along the North Boundary Line of said 1 acre tract a distance of 38.4 feet to an iron pin (s) for corner at the southeast corner of a 0.25 acre Church tract as conveyed by deed recorded in Volume 127, Page 165, of said Deed Records; THENCE North 1 ° 54' West along a fence.a distance of 55.1 feet to an iron pin (s) for corner at the northeast corner of said 0.25 acre tract, said point being the southeast corner of another Church tract, said point being the most southerly southwest corner of a 79 acre tract of land conveyed Mrs. Lucy Rosson by deed recorded in Volume 227, Page 410, of said Deed Records; THENCE along an old post line along the North Boundary Line of said 25 acre tract and said 22.09 acre tract as follows: North 89° 28' East a distance of 1693.2 feet to an iron pin (s); North 89° 41' East a distance of 787.6 feet to an iron pin (s) for corner in the South Boundary Line of an 87 acre tract conveyed to A. J. Rosson by deed recorded in Volume 285, Page 83, of said Deed Records, at the northeast corner of a 96.38 acre tract of land conveyed to Mrs. Lucy Rosson by deed recorded in Volume 290, Page 38, of said Deed Records; THENCE along the East Boundary line of said 22.09, 20.66, 12, 11.25 and 9 acre tracts and the West Boundary Line of said 96.38 acre tract as follows: South 2° 1 V West a distance of 371.5 feet to an iron pin (s) at a fence corner and continuing with said fence as follows: South 1' 37' West a distance of 225.9 feet to an iron pin (s); South 0° 46' West a distance of 606.3 feet to an iron pipe (f) at the southeast corner of said 12 acre tract and the northeast corner of said 11.25 acre tract; South 0° 25' East a distance of 440 feet to an iron pin (s) for corner at the southeast corner of said 9 acre tract and the most westerly southwest corner of said 96.38 acre tract, said point being in the North Boundary Line of said 62 acre tract; THENCE North 88° 29' East along a fence a distance of 292.1 feet to an iron pin (s) for corner at the most'northerly northeast corner of said 62 acre tract and an el corner of said 96.38 acre tract; THENCE South 6" 04' East a distance of 394.8 feet to an iron pin (s) for corner at the most southerly southwest corner of said 96.38 acre tract and an el corner of said 62 acre tract; THENCE South 84° 51' East a distance of 392.4 feet to an iron pin (s) for corner at the most easterly northeast corner of said 62 acre tract and the most southerly southeast corner of said 96.38 acre tract, said point being in the West Boundary Line of a 13.5 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of said Deed Records; THENCE South 0° 58' West a distance of 413.1 feet to a post (f) for corner (said post being set according to a survey made by W. R. Abbott, R.P.S. of Texas, 111443, on the 14th day of February, 1974) at the southeast corner of said 62 acre tract and the southwest corner of said 13.5 acre tract; THENCE South 890 37' West along a fence along the North Boundary Line of tracts conveyed to the City of Paris by deed recorded in Volume 363, Page 588, and the South Boundary Line of said 62 acre tract a distance of 3330.8 feet to the place of beginning, containing 157.768 acres of land. SAVE AND EXCEPT TIIE FOLLOWING: SITUATED about 5 miles North 25° Last of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey ,x/981, and being part of a 157.768 acre tract of land described in deed from Walter Rosson and wi -fe, Patsy Bell Rosson, to the City of Paris, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said 157.768 acre tract; THENCE North 89° 28' 00" East along the North Boundary Line of said tract a distance of 1671.79 feet to the PRINCIPAL POINT OF BEGINNING; THENCE continuing along the North Boundary Line of said tract North 89° 28' 00" East a distance of 11.4 feet to a point; THENCE North 89° 41' 00" East a distance of 787.60 feet to a corner, same corner being the most northerly northeast corner of said 157.768 acre tract; THENCE South 02° 1 P 00" West a distance of 371.50 feet to a point; THENCE Soiith 01' 37' 00" West a distance of 225.90 feet to a point; THENCE South 00° 46' 00" West a distance of 606.30 feet to a point; THENCE South 00° 25' 00" East a distance of 199.39 feet to a point; THENCE North 87° 51' 00" West a dist'Mce of 189.44 feet to a point; THENCE North 26° 22' 50" West : distance of- 1136.80 feet to a point; THENCE North 110 43' 40" West a distance of 380.64 feet to the PRINCIPAL POINT OF BEGINNING, containing 16.924 acres of land, more or less, and being that same tract of land conveyed to Richard B. Swint from the City of Paris by deed dated May 17, 1993, recorded in Volume 363, Page 59, Deed Records, Lamar County, Texas. TO HAVE AND TO MOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said RICHARD B. SWINT, his successors and assigns forever; and it does hereby bind itself, its heirs, executors and administrators to Warrant and Forever Defend all and singular the said premises unto the said RICHARD B. SWINT, his successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any ;part thereof. WITNESS its hand at Paris, Texas, this 10th-day of July, 1995. By: CITY OF PARIS, PARIS, TEXAS Eric S. Clifford, Mayor THE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ERIC S. CLIFFORD, Mayor 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 hIAND AND SEAL OF OFFICE this day of July, 1995. Notary Public, State of Texas i 284 285 GENERAL WARRANTY DEED THE STATE OF TEXAS MEN BY THESE PRESENTS: COUNTY OF LAMAR That I, RICHARD B. SWINT, of the County of Lamar, State of Texas, for and in consideration of the CITY OF PARIS conveying 149.201 acres in the John Wilson Survey #981, being a part of the 157.768 acre tract of land conveyed to the City of Paris by deed from Walter Rosson and wife, Patsy Bell Rosson, dated December 28, 1989, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and an 8.357 acre tract of land conveyed to the City of Paris by deed from Richard B. Swint, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed unto the said CITY OF PARIS, a municipal Corporation, of the County of Lamar, State of Texas, whose mailing address is P. O. Box 9037, Paris, Texas 78461 -9037, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being the same tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner at the most southerly southeast corner of said Dalton Survey, said point being the southeast corner of said Swint tract of land; THENCE North a distance of 2445 feet to a stake for corner at the northeast corner of said tract of land; THENCE West a distance of 1614 feet to a stake for corner at the present northwest corner of said Swint tract of land; THENCE South along the center of an old road a distance of 2445 feet to a stake for corner at the present southwest co; iier o" said tract of land; THENCE East a distance of 1614 feet to the place of beginning, containing 90.59 acres of land. SAVE AND EXCEPT THE FOLLOWING: SITUATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey 11249, and being a part of a tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner in the East Boundary Line of said Swint tract of land, said point being North a distance of 572 feet from the southeast corner of same; THENCE West a distance of 833 feet to a stake for corner; THENCE Northerly along the East Boundary Line of a 60 foot road as follows: Northerly around a 30.0945° curve to the right a distance of 74 feet; North 18° East a distance of 450 feet; Northerly around a 14.768° curve to the left a distance of 203 feet; North 12° W::st a distance of 40 feet to a stake for corner; EXHIBIT 8 , additional 8,920 cubic yards from the pool excavation site or sites from SWINT's property located east of Stillhouse Road and north of CITY's closed landfill site. 3. PRIOR AGREEMENTS Upon the execution and delivery of the deeds attached hereto as Exhibits A and B, it is mutually agreed by and between CITY and SWINT that the lease between CITY and SWINT which was approved by Resolution No. 93 -106, passed the 11th day of October, 1993, a copy of which lease is attached hereto as Exhib tC, will be canceled and will be of no further force and effect. 4. PRIOR AGREEMENT TO TERMS The terms of this agreement were agreed to, in principle, on the 3rd day of July, 1995, by T. K. Haynes, acting on behalf of the City of Paris, and Richard B. Swint. Executed this 6th day of July, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Bv: CITY OF PARIS Eric S. Clifford, Mayor Aireement Between CITY and SWINT Page 2 286 287 THENCE East a distance of 683 feet to a stake for corner in the East Boundary Line of said Swint tract of land; THENCE South a distance of 741 feet to the place of beginning, containing 12.51 acres of land. TO HAVE AND TO IIOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its successors and assigns forever; and I do'hcicuy uind myself, my heirs, executors and administrators to Warrant and Forever Defend all and singular the said premises unto the said CITY OF PARIS, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the sane, or any part thereof. WITNESS my hand at Paris, Texas, this 6th day of July, 1995. Richard B. Swint Susan Swint THE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared RICHARD B. SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge([ 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 July, 1995. Notary Public, State of Texas THE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in ;3r ►c; f .T said County, Texas, on this day personally appeared SUSAN SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1995. Notary Public, State of Texas N W LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That the CITY OF PARIS, a municipal corporation, of the County of Lamar and State of- Texas, hereinafter called CITY, for and in consideration of the the agreement to. furnish fill dirt on property adjacent to the leased premises resulting from excavation' :' performed. . by Richard B. Swint, hereinafter called SWINT, has bargained and sold, and does by these presents lease unto the said SWINT, approximately 4(?. 241 140.844 acres of land in the John Wilson Survey being the remainder of a tract of 157.768 acres purchased by CITY from Walter Rosson and wife, Patsy Bell Rosson conveyed to CITY by, deed dated December 28, 1989, recorded Volume 131, Page 273, Real Property Records, Lamar County, Texas, and approximately 8.357 acres o.f land out of the John Wilson Survey conveyed to the CITY by Richard B. Swint in deed dated May 17, 1993, recorded Volume 362, Page 180 Real Property Records, Lamar County, Texas, for a total of 149.201 acres, more particularly described on Exhibit A attached hereto, for a period of five (5) years beginning November 1, 1993, and ending on the 30th day of October, 1998, for a total consideration of 8,920.10 cubic yards of frill dirt, and in the event SWINT fails to produce all of the fill dirt herein traded to CITY, SWINT must pay to .CITY fifty cents (50(, for each cubic yard traded to but not furnished to CITY. Said CITY does own all fence now existing on said . property, and all additional fence built upon said property becomes the property of the CITY. Maintenance of fences shall be the respons bility'of• the SWINT. SWINT agrees to hold CITY harmless from any liability claim resulting from SWINT or SWINT'S agents or employees actions of whatever nature, and SWINT must at all times ' during the term of this agreement, and any extensions.there- LEASE AGREEMENT - Page 1 EXH151T C 289 of, keep and maintain in full force and effect- a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 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. =►s the result of the negligence of SWINT, its members, invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with the CITY OF PARIS as as an additional insured, subject to approval by the City Attorney of the City of Paris, and SWINT or its insurance carrier or carriers shall deliver a copy of 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 Limes during this lease and any extension thereof-, and specifically noting thereon that CITY is an additional insured. All such policies shall be written so that CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to CITY a -t the following address: City Clerk, City of Paris, P.' 0. Box 9037, Paris, Texas 75461 -9037. It is understood, agreed and pr vided that the CITY OF PARIS shall not be liable or responsible to the said SWINT for damages or loss of any kind whatsoever concerning the hay and grasses grown and to be grown on said premises, but the said SWINT assumes all risks incident to and connected with the same. LEASE AGREEMENT - Page 2 SWINT agrees to pursue good land management practices with regard to the leased premises. In the event that SWINT shall keep each and every agreement contained herein and do and perform all the-obliga- tions required of SWINT hereunder during the term of this lease, an option is 'hereby given and granted to SWINT to renew and extend this lease for an additional period of five (5) years from and :After the expiration of this agreement, for and in consideration of a sum set by CITY, payable in equal annual installments, the first of which will be due and payable on or before November 1, 1998, with a like payment being due and payable on or before the 1st day of November of each year thereafter during the term of said five year option period. Said option may be exercised by SWINT'S giving notice.in writing of SWINT'S intention to renew said lease on or before the 1st day of January, 1998, followed by CITY setting the total lease price on or before the last day of April, 1998 and SWINT'S acceptance of the lease price on or before the 31st day of May, 1998. Executed on the dates shown in acknowledgements below. CITY OF PARIS, LESSOR B Y4 - `-, eorge Fisher, Mayor ATTEST: Mattie Cunningham, Cit;AUerk APPROVED AS TO FORM: T. Ilayn , City Attorney lt' char Swit -, USSEE LEASE AGREEMENT - Page 3 290 2 9.1 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared GEORGE FISHER, 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 capacit=y therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of October, 1993. de �� Y , ALICE M. PINALTO � r Notary Public / •�' State of Texas / ' r Commission Expires i ST,K�`>�"bt"ri�SCds .....�........ COUNTY OF LAMAR § Notary Public, State of-Texas BEFORE ME, the undersigned authority, on this day personally appeared Richard D. Swint, 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 �7iday of October, 1993. .01 o �5Y Pia ALICE M. PINALTO Notary Public State o! Texas e i Commission Expires i///iii.•.•....,129 -96 / 62L . - LC Notary Public, State of Texas Resolution No. 95 -071, authorizing and directing the Mayor of the City of Paris, Eric S. Clifford, to execute on behalf of the City of Paris the General Warranty Deed from Richard B. Swint for trade of land, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 292 #.... :. RESOLUTION NO. 95 -071 WIIEREAS, in order to effect the trade with Richard B. Swint authorized in Resolution No. 95 -070, it is necessary that the General Warranty Deed from the City of Paris be executed and delivered to Richard B. Swint and that the General Warranty Deed from Richard B. Swint and Susan Swint be accepted; and, WHEREAS, the form of the General Warranty Deed from the City of Paris to Richard B. Swint, attached hereto as Exhibit A, should, in ail things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; and, WHEREAS, the form of the General Warranty Deed from Richard B. Swint and Susan Swint to the City of Paris, attached hereto as Exhibit B, should, in all things, be approved and accepted by the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY ThIE CITY COUNCIL OF THE CITY OF PARIS, that the form of the General Warranty Deed to Richard B. Swint, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the General Warranty Deed in the form shown in Exhibit A, attached hereto; and, BE IT 1'URTI-IER RESOLVED, that the General Warranty Deed from Richard B. Swint and Susan Swint, attached hereto as Exhibit B, be, and the same is hereby, accepted. PASSED AND ADOPTED this 10th day of July, Eric S r , Mayor ATTEST: Mattie Cunningham, City Clerk GENERAL WARRANTY DEED THE STATE Or TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY Or LAMAR ) That the CITY Or PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, by and through its Mayor, Eric S. Clifford, for and in consideration of RICHARD B. SWINT conveying 78.09 acres in the James Dalton Survey #249, being a part of a 90.59 acre tract of land conveyed to Richard B. Swint from Wood H. Patrick and wife, Lorena Patrick, dated April 17, 1961, recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and additional consideration in the form of 80,000 cubic yards of soil to be gathered from the Stillhouse Creek bottom from RICI LARD B. SWINT's wetland project, the right to take an additional 10,000 cubic yards of soil at the price of $.50 per cubic yard from the same wetland project area, and the right to tabre an additional 8,920 cubic yards from the pool excavation site or sites from RICHARD B. SWINT's property located east of Stillhouse Road and north of the CITY OF PARIS' closed landfill site, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed, any by these presents do Grant, Sell and Convey unto the said RICHARD B. SWINT, of the County of Lamar, State of Texas, whose mailing address is 2510 Stillhouse Road, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: TRACT NO. 1 SITUATED about 5 miles North 25' Cast of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey #981, being the same tract of land described in deed from Richard B. Swint to the City of Paris, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of a 157.768 acre tract of land conveyed to the City of Paris by deed recorded in Volume 131, Page 276, Real Property Records, Lamar County, Texas; THENCE North 89° 28' 00" East a distance of 1693.20 feet to a point; THENCE North 89° 41' 00" East a distance of 787.60 feet to a point, sane point being the most northerly northeast corner of said 157.768 acre tract; THENCE South 02° I P 00" West a distance of 371.50 feet to a point in the Last Boundary Line of said 157.768 acre tract; THENCE South 01' 37' 00" West a distance of 225.90 feet to a point in the East Boundary Line of said tract; THENCE South 00° 46' 00" West a distance of 606.30 feet to a point; THENCE South 00° 25' 00" East a distance of 199.39 feet to the PRINCIPAL POINT OF BGGINNTh' THENCE South 87° 51' 00" East a distance of 1319.25 feet to a point; THENCE South 00° 55' 45" West a distance of 55.0 feet to a point; THENCE North 87° 51' 00" West a distance of 581.80 feet to a point; THENCE South 00° 58' 00" West a distance of 578.10 feet to a point, same point being the most easterly northeast corner of said 157.768 acre tract; EXHIBIT A 294 THENCE North 84° 51' 00" West a distance o1' 392.40 feet to a point; THENCE North 06° 04' �00" West a distance of 394.80 feet to a point; THENCE South 88 °.29' 00" West a distance of 292.10 feet to a point; THENCE North 00` 25' West.' a "'distance of 240.61 feet to the PRINCIPAL POINT Or BEGINN < *ng 8.357 acres of land, more or less. TRACT N0, 2 SITUATED about 5 miles North 25° East of the City of Paris, County of Lamar, and State of Texas, a part of the John Wilson Survey #981, being a 62 acre tract, a 25 acre tract , a 22.09 acre tract, and an 11.25 acre tract of land conveyed to A. J. Rosson by deed recorded in Volume 337, Page 7, a 9 acre tract and a 12 acre tract of land conveyed Dorothy Rosson Baker, et al by deed recorded in Volume 692, Page 467, Deed Records, Lamar County, Texas, and also a 20.66 acre tract of land owned by Hester and sold to A. J. Rosson, and being more particularly described as follows: BEGINNING at an iron pin (s) for corner at the present southwest corner of said 62 acre tract, said point being the present northwest corner of a 20 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of said Deed Records; THENCE along the Last Boundary Line of a county road as follows: North 0° 06' East a distance of 1663.3 feet to an iron pin (s); North 0° 52' East a distance of 545.3 feet to an iron pin (s) for corner at the southwest corner of a 1 acre tract of land conveyed to Mt. Carmel Baptist Church by deed recorded in Volume 408, Page 191, of said Deed Records, said 1 acre tract being conveyed out of said 25 acre tract; THENCE North 88° 09' East along a fence a distance of 185.8 feet to an iron pin (s) for corner at the southeast corner of said 1 acre tract; THENCE North 0° 16' East along a fence a distance of 211.3 feet to an iron pin (s) for corner at the northeast corner of said 1 acre tract; THENCE South 85° 52' West along a fence along the North Boundary Line of said l acre tract a distance of 38.4 feet to an iron pin (s) for corner at the southeast corner of a 0.25 acre Church tract as conveyed by deed recorded in Volume 127, Page 165, of said Deed Records; THENCE North 1' 54' West along a fence a distance of 55.1 feet to an iron pin (s) for corner at the northeast corner of said 0.25 acre tract, said point being the southeast corner of another Church tract, said point being the most southerly southwest corner of a 79 acre tract of land conveyed Mrs. Lucy Rosson by deed recorded in Volume 227, Page 410, of said Deed Records; THENCE along an old post line along the North Boundary Line of said 25 acre tract and said 22.09 acre tract as follows: North 89° 28' East a distance of 1693.2 feet to an iron pin (s); North 89° 41' East a distance of 787.6 feet to an iron pin (s) for corner in the South Boundary Line of an 87 acre tract conveyed to A. J. Rosson by deed recorded in Volume 285, Page 83, of said Deed Records, at the northeast corner of a 96.38 acre tract of land conveyed to Mrs. Lucy Rosson by deed recorded in Volume 290, Page 38, of said Deed Records; THENCE along the East Boundary line of said 22.09, 20.66, 12, 11.25 and 9 acre tracts and the West Boundary Line of said 96.38 acre tract as follows: South 2° 1 V West a distance of 371.5 feet to an iron pin (s) at a fence corner and _ continuing with said fence as follows: South 1 ° 37' West a distance of 225.9 feet to an iron pin (s); South 0° 46' West a distance of 606.3 feet to an iron pipe (f) at the southeast corner of said 12 acre tract and the northeast corner of said 11.25 acre tract; South 0° 25' East a distance of 440 feet to an iron pin (s) for corner at the southeast corner of said 9 acre tract and the most westerly southwest corner of said 96.38 acre tract, said point being in the North Boundary Line of said 62 acre tract; THENCE North 88° 29' East along a fence a distance of 292.1 feet to an iron pin (s) for corner at the most Jnortherly northeast corner of said 62 acre tract and an el corner of said 96.38 acre tract; THENCE- South 6° 04' Cast a distance of 394.8 feet to an iron pin (s) for corner at the most southerly southwest corner of said 96.38 acre tract and an el corner of said 62 acre tract; THENCE South 84° 51' 17ast a distance of 392.4 feet to an iron pin ;s) for corner at the most easterly northeast corner of said 62 acre tract and the most southerly southeast corner of said 96.38 acre tract, said point being in the West Boundary Line of a 13.5 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of sa-Ad Deed Records; THENCE South 0° 58' West a distance of 413.1 feet to a post (f) far corner (said post being set according to a survey made by W. R. Abbott, R.P.S. of Texas, #1443, on the l4th day of February, 1974) at the southeast corner of said 62 acre tract and the southwest corner of said 13.5 acre tract; THENCE South 89° 37' West along a fence along the North Boundary Line of tracts conveyed to the City of Paris by deed recorded in Volume 363, Page 588, and the South Boundary Line of said 62 acre tract a distance of 3330.8 feet to the place of beginning, containing 157.768 acres of land. SAVE AND EXCEPT THE FOLLOWING: SITUATED about 5 miles North 25° Cast of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey #981, and being part of a 157.768 acre tract of land described in deed from Walter Rosson and wife, Patsy Bell Rosson, to the City of Paris, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said 157.768 acre tract; THENCE North 89° 28' 00" East along the North Boundary Line of said tract a distance of 1671.79 feet to the PRINCIPAL POINT OF BEGINNING; THENCE continuing along the North Boj ;;da.y Line of said tract North 89° 28' 00" East a distance of 11.4 feet to a point; THENCE North 89° 41' 00" East a distance of 787.60 feet to a corner, same corner being the most northerly nor :beast corner of said 157.768 acre tract; THENCE South 02° 11' 00" Wes., a distance of 371.50 feet to a point; THENCE South 01 ° 37' 00" West a distance of 225.90 feet to a point; THENCE South 00° 46' 00" West a distance of 606.30 feet to a point,, THENCE South 00° 25' 00" East a distance of 199.39 feet to a point; THENCE North 87° 51' 00" West a distance of 189.44 feet to a point; THENCE North 26° 22' 50" West a distance of 1136.80 feet to a point; THENCE North 11 ° 43' 40" West a distance of 380.64 feet to the PRINCIPAL POINT OF BEGINNING, containing 16.924 acres of land, more or less, and being that same tract of ?and conveyed to Richard B. Swint from the City of Paris by deed dated May 17, 1993, recorded in Volume 363, Page 59, Deed Records, Lamar County, Texas. TO IIAVE AND TO MOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said RICHARD B. SWINT, his successors and assigns forever; and it does hereby bind itself, its heirs, executors acid administrators to Warrant and Forever Defend all and singular the said premises unto the said RICHARD B. SWINT, his successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS its hand at Paris, Texas, this 10th day of July, 1995. CITY OF PARIS, PARIS, TEXAS By: Eric S. Clifford, Mayor r;. THE STATE OF TEXAS COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ERIC S. CLIFFORD, Mayor 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 IIAND AND SEAL OF OFFICE this day of July, 1995. Notary Public, State of Texas 297 GENERAL WARRANTY DEED TIIE STATE OF TEXAS KNOW ALL MEN BY THE SE PRESENTS: COUNTY OF LAMAR That I, RICHARD B. SWINT, of the County of Lamar, State of Texas, for and in consideration of the CITY OF PARTS conveying 149.201 acres in the John Wilson Survey #981, being a part of the 157.768 acre tract of land conveyed to the City of Paris by deed from Walter Rosson and wife, Patsy Bell Rosson, dated December 28, 1989, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and an 8.357 acre tract of land conveyed to the City of Paris by deed from Richard B. Swint, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed unto the said CITY OF PARIS, a municipal Corporation, of the County of Lamar, State of Texas, whose mailing address is P. O. Box 9037, Paris, Texas 78461 -9037, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED about 5 miles North 22° West of the City, of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey 11249, and being the same tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, % Cxas, and being more particularly described as follows: BEGINNING at a stake for corner at the most southerly southeast corner of said Dalton Survey, said point being the southeast corner of said Swint tract of land; TI-TENCE North a distance of 2445 feet to a stake for corner at the northeast corner of said tract of land; TIIENCE West a distance of 1614 feet'to a stake for corner at the present northwest corner of said Swint tract of land; TIIENCE South along the center of an old road a distance of 2445 feet to a stake for corner at the present southwest corner of said tract of land; THENCE bast a distance of 1614 feet to the place of beginning, containing 90.59 acres of land. SAVE AND EXCEPT TIIE FOLLOWING: SITUATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey x/249, and being a part of a tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner in the East Boundary Line of said Swint tract of land, said point being North a distance of 572 feet from the southeast corner of same; THENCE West a distance of 833 feet to a stake for corner; TIIENCE Northerly along the East Boundary Line of a 60 foot road as follows: Northerly around a 30.0945° curve to the right a distance of 74 feet; North 18° East a distance of 450 feet; Northerly around a 14.768° curve to the left a distance of 203 feet; North 12° West a distance of 40 feet to a stake for corner; EXHIBIT 8 THENCE East a distance of 683 feet to a stake for corner in the East Boundary Line of said Swint tract of land; THENCE South a distance of 711 feet to the place of beginning, containing 12.51 acres of land.; TO HAVE AND TO IIOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its successors and assigns forever; and I do hereby bind myself, my heirs, executors and administrators to Warrant and Forever Defend all and singular the said premises unto the said CITY OF PARIS, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS my hand at Paris, Texas, this 6th day of July, 1995. Richard B. Swint Susan Swint TIIE STATE OF TEXAS ) COUNTY OF LAMAR ) —' BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared RICHARD B. S.WINT, 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 July, 1995. Notary Public, State of Texas TIIE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared SUSAN SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1995. Notary Public, State of Texas 298 H 299 Resolution No. 95 -072, correcting the Exhibit to Resolution No. 95 -051 which authorized the execution of the Statewide Transportation Enhancement Program agreement with the State of Texas for the project entitled Plum Street 1900 Block Surface Water Runoff Pollution and Flood Mitigation Project furnished by the Texas Department of Transportation containing errors in Paragraph 14A, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the resolution. The motion carried 7 ayes, 0 nays. .. �+yn1B5k)3x.ti".MPW'J�F�.M., 300 RESOLUTION NO. 95 -072 WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 1995, pass Resolution No. 95 -051 with Exhibit A attached thereto, and paragraph M.A. of said Exhibit A was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Paragraph 14.A. of Exhibit A to Resolution No. 95 -051, be, and the said is hereby, corrected to read as follows: 14. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing p:ocedores and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State and subject to approval by the City. PASSED AND ADOPTED this 10th day of 1111v_ 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS/TO FORM: T. K. Ha nes, Ci ttorney Resolution No. 95 -073, amending Resolution No. 95 -064, reappointing Jackie Alsobrook and Rogene Patterson, and reappointing Toni Donnan to serve as members of the Library Advisory Board of the City of Paris for a term of three years beginning July 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeiey for approval of the resolution. The motion carried 7 ayes, 0 nays. 301 RESOLUTION NO.95_ n 3_ __ WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 1995, pass Resolution No. 95-064, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95 -064, be, and the same is hereby, amended to read as follows: "WHEREAS, the terms of office of Jackie Alsobrook, Rogene Patterson and William Hagood, as members of the '.ibrary Advisory Board of the City of Paris, will expire on June 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointments of Jackie Alsobrook and Rogene Patterson and the appointment of Toni Donnan for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Jackie Alsobrook and Rogene Patterson be, and they are hereby, reappointed, and that Toni Donnan be, and she is hereby, appointed to serve as members of the Library Advisory Board of the City of Paris for terms of three (3) years, beginning July 1, 1995, and ending June 30, 1998." PASSED AND ADOPTED this 10th day of July, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: — - K. aynes, City Attorney Resolution No. 95 -074, resolving that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute special warranty deeds- to the street being closed to and adjacent owners on either side of said street, it appearing that the real and true owners of the hereinafter described lots are Archer Daniels Midland Company, Consolidate Nutrition, and Rodgers -Wade Manufacturing Company, was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 302 RE, SOLUTON10,,£5-74 WHEREAS, it has been called to the attention of the City Council of the City of Paris that there is a portion of a street that begins at the South Boundary Line of the Missouri & Pacific Railroad Right -of -Way and runs south,a distance of approximately 520 feet, known as Ist Street S.W., more particularly described on Exhibit A, attached hereto; and, WHEREAS, it has been called to the attention of the City Council that the street is not desired 'by the property owners adjacent to said street, but that said street is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Eric S. Clifford, be, and lie is hereby, authorized and directed to execute special warranty deeds to the street being closed to the adjacent owners on either side of said street, it appearing that the reai ,yid true owners of the hereinafter described lots are as follows: Pt. Lot 1, City Block 170 Archer Daniels Midland Company Pt. Lot 1, City Block 170 Consolidated Nutrition Lot 2, City Block 170 Rodgers -Wade Manufacturing Company Lot 3, City Block 170 Consolidated Nutrition BE IT FURTHER RESOLVED, that the City of Paris retain drainage and utility easements in the area to be described in the above described special warranty deeds. PASSED AND ADOPTED this 10th day of July, 1995. Eric S. Cliffor r ATTEST: Mattie Cunningham, City Clerk APPROVED S T FORM: T. K. I aynes, City ttorney • l PMiliing Disk -1` SBL S89.11'47 °E Missouri1, & Pacific 40.13' . io N d rn N U) O IN M I,tl 0) N 00 N Y) O 00 U) U Q �C CL U 0 � n . u► o+ r 0 a_ cV O � r U . Q . O ip ! O� 1 � N/ �4 UCH q) c �o a �O a OC O �l V Railroad Q4' V CT !h2 v by ,h. q� QO Q D o� NX, ry elk J.M. NELSON 4025 a; ;. 9ti��= s tip.•.��� J.M. Nelson, RPLS of Texas, #4025 dole l� 0 sIPA s\ c o h� A). 50 25 0 50 100 found r9 ° rE90t 1 " 50' r Nelson Surveying Co. J.M. Nelson, RPLS of Texas, x/4025 920 N. Wain SI Paris, Texas 75460 903 -785 -3551 fox 903 - 785 -3396 T±�r11TT T'T' A a- CK U J N M_ 01 O• • O • 0. d• `r U U d >° d c0 N U � � a n V' u a w w .J 3 It 3 Q • •- 0 00 N D D O V V) O N N 00 z 5ti 7W�7' Q° i iv 7 0t0% Q n . u► o+ r 0 a_ cV O � r U . Q . O ip ! O� 1 � N/ �4 UCH q) c �o a �O a OC O �l V Railroad Q4' V CT !h2 v by ,h. q� QO Q D o� NX, ry elk J.M. NELSON 4025 a; ;. 9ti��= s tip.•.��� J.M. Nelson, RPLS of Texas, #4025 dole l� 0 sIPA s\ c o h� A). 50 25 0 50 100 found r9 ° rE90t 1 " 50' r Nelson Surveying Co. J.M. Nelson, RPLS of Texas, x/4025 920 N. Wain SI Paris, Texas 75460 903 -785 -3551 fox 903 - 785 -3396 T±�r11TT T'T' A N/ �4 UCH q) c �o a �O a OC O �l V Railroad Q4' V CT !h2 v by ,h. q� QO Q D o� NX, ry elk J.M. NELSON 4025 a; ;. 9ti��= s tip.•.��� J.M. Nelson, RPLS of Texas, #4025 dole l� 0 sIPA s\ c o h� A). 50 25 0 50 100 found r9 ° rE90t 1 " 50' r Nelson Surveying Co. J.M. Nelson, RPLS of Texas, x/4025 920 N. Wain SI Paris, Texas 75460 903 -785 -3551 fox 903 - 785 -3396 T±�r11TT T'T' A ry elk J.M. NELSON 4025 a; ;. 9ti��= s tip.•.��� J.M. Nelson, RPLS of Texas, #4025 dole l� 0 sIPA s\ c o h� A). 50 25 0 50 100 found r9 ° rE90t 1 " 50' r Nelson Surveying Co. J.M. Nelson, RPLS of Texas, x/4025 920 N. Wain SI Paris, Texas 75460 903 -785 -3551 fox 903 - 785 -3396 T±�r11TT T'T' A i Y 8 n FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Larkin Rattan Survey #778, and being a part of 1st S.W. Beginning at metal post_ilf)� for corner at the Southeast corner of a called 4.74 acre tract of land conveyed AGP, L.P., by deed recorded in Vol. 484, Page 132, of the Real Property Records of said County and State, said point being the Northerly Northeast corner of a 19.710 acre tract of land as recorded in Vol. 512, Page 174, of said Real Property Records, said point along being South 1 Deg. 18 Min. 57 Sec. West a distance of 297.46 ft. from the intersection of the West Boundary Line of said 1st S.W. and the South Boundary Line of the Missouri & Pacific Railroad. Thence South 81 Deg. 58 Min. 58 Sec. East a distance of 40.27 ft. to a point for corner in the West Boundary Line of a called 0.96 acre tract of land conveyed AGP, L.P., by deed recorded in Vol. 484, Page 133, of said Real Property Records; Thence South 1 Deg. 20 Min. 32 Sec. West a distance of 139.13 ft. to a point for corner at the present Southeast corner of said 1st S.W. at an el corner of a called 3.38 acre tract of land owned by Archer- Daniels - Midland Company; Thence South 29 Deg. 55 Min. 21 Sec. West along a Northwesterly Boundary Line of said 3.38 acre tract a, distance of 83.61 ft. to an iron pin (f) for corner at the Southwest corner of said 1st S.W., said point being a Southeast corner of said 19.710 acre tract; Thence North 1 Deg. 20 Min. 32 Sec. East a distance of 217.23 ft. to the place of beginning and containing 0.164 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 22ndday of June, 1995. "g-, /0 x/ &-' -zr P1- J.M. Nelson, R.P.L.S. of Texas, #4025 date Tr t J.M. NELSON y j9 4025 its SUM Nelson Surveying Co. J.M. Nelson. RPLS of Texas. #4025 920 N. Main St. Paris, Texas 75460 903 - 785 -3551 fox 903 -785 -3399 t i 305 FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Larkin Rattan Survey #778, and being a part of 1st S.W. Beginning at a point for corner i,i Lne South Boundary Line of the Missouri Pacific Railroad at a Northwest corner of 1st S.W.,. said point being the present Easterly Northeast corner of a called 4.74 acre tract of land conveyed AGP, L.P., by deed recorded in Vol. 484, Page 132, of the Real Property Records of said County and State. Thence South 89 Deg. 11 Min. 47 Sec. East along the South Boundary Line of the Missouri Pacific Railroad a distance of 40.13 ft. to a point for corner at a Northeast corner of said 1st S.W., said point being the present Northwest corner of a called 0.96 acre tract of land *conveyed AGP, L.P., by deed recorded in Vol. 484, Page 133, of said Real Property Records; Thence South 1 Deg. 20 Min. 25 Sec. West along the East Boundary Line of said 1st S.W. and the West Boundary Line of said 0.96 acre tract a distance of 302.52 ft. to a point for corner; Thence North 81 Deg. 58 Min. 58 Sec. West a distance of 40.27 ft. to a metal post (f) for corner at the Southeast corner of said 4.74 acre tract and the Northerly Northeast corner of a 19.710 acre tract of land as recorded in Vol. 512, Page 174, of said Real Property Records; Thence North 1 Deg. 18 Min. 57 Sec. East along the West Boundary Line of 1st S.W. a distance of 297.46 ft. to the place of beginning and containing 0.276 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 22nd day of June, 1995. J.M. Nelson, R.P.L.S. of Texas, #4025 date Nelson Surveying Co. J.M. Nelson. RPLS of Te -as. #4025 903-785-3551 � 0 F V 'C C iO t �, rF4 J.M. NELSON jy 4025 p r SUR 920 N. Main St. Paris. Texas 75460 fox 903 -785 -3399 Resolution No. 95 -075, approving the assignment of the lease agreement for the amusement park area of Culbertson Park from Eddie Kyle, by and through his duly appointment power of attorney, Jerry Kyle, to Kenneth Gifford, and authorizing the Mayor to execute the same, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. '95 -075 WHEREAS, the City Council of the City.of Paris did heretofore, in Resolution No. 87- 046, passed on April 13, 1987, approve the leasing of the amusement park area of Culbertson Park to KENNETH GIFFORD; and, WHEREAS, the City Cou!ieil of° the, City of Paris did heretofore, in Resolution No. 91- 058, approve the execution of an Assignment of Lease Agreement from KENNETH GIFFORD to JERRY KYLE; and WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 92- 023, passed on March 30, 1992, approve the execution of a new Lease Agreement with JERRY KYLE for an additional five years with a five year option; and, WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94- 029, passed on April 11, 1994, approve the execution of an assignment of Lease Agreement from JERRY KYLE to EDDIE DEAN KYLE; and, WHEREAS, EDDIE DEAN KYLE is no longer desirous of continuing with said Lease Agreement and has requested the City Council of the City of Paris to approve the execution of an Assignment of Lease Agreement to KENNETH GIFFORD; and, WIIEREAS, the form of such Assignment, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to acknowledge acceptance and approval of the Assignment by signing the same; NOW, ThIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Assignment of Lease Agreement from EDDIE DEAN KYLE to KENNETH GIFFORD, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to acknowledge acceptance and approval of the Assignment of Lease Agreement by signing the same in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 10th day o ATTEST: Matti, Cunningham, City Clcrk APPROVED AS TO FORM: T. ' K ' Haynes, ttty Attorney A 307 ASSIGNMENT OF LEASE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } TIIAT Jerry Kyle did heretofore, on the 30th day of March, 1992, execute a Lease Agreement with the City of Paris for the amusement park area of Culbertson Park, a copy of which is attached hereto as Exhibit A, and did also heretofore, on the 11th day of April, 1994, execute an Assignment of Lease Agreement to Eddie Dean Kyle, a copy of which is attached hereto as Exhibit B. WITNESSETII TIIAT I, EDDIE DEAN KYLE, by and the -o ugh .-iy attorney -in -fact, Jerry Kyle, hereinafter called ASSIGNOR, for value received, do hereby assign to KENNETH GIFFORD, hereinafter called ASSIGNEE, all my right, title and interest in and to the Lease Agreement between the City of Paris and Jerry Kyle. In consideration of the above assignment and consent of the City of Paris, ASSIGNEE assumes and agrees to make all payments and perform all agreements and conditions of the above - referenced Lease Agreement by ASSIGNOR to made and be performed. SIGNED this 10th day of July, 1995. By: ASSIGNOR JERRY KYLE, Attorney -In -Fact for Eddie Dean Kyle ASSIGNEE KENNETH GIFFORD Acceptance and approval of the above Assignment of Lease is acknowledged this 10th day of July, 1995. CITY + P , PARIS, TEXAS By: Eric S. Clifford, ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney EXHIBIT A STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JERRY KYLE, Attorney -in -Fact for Eddie Dean Kyle, Assignor, 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 conside-rationi therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1995. ;'rotary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared KENNETH GIFFORD, Assignee, 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 July, 1995. Notary Public, State of Texas 3 0 S t W 309 LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR § THIS LEASE AGREEMENT, made and entered into this 30th day of March, 1992, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, by and through its Mayor, George Fisher, duly authorized, hereinafter called LESSOR, and JERRY KYLE, of Lamar County, Texas, hereinafter called LESSEE, WITNESSETH: For the term and consideration, and upon the terms, specifications and conditions herein prescribed and specified, LESSOR does hereby let and lease to LESSEE, JERRY KYLE, 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 involved, 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 April 1, 1992, that is from April 1, 1992, through March 31, 1997, 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 -ather purpose, on consideration of and for which, LESSEE, JERRY KYLE, 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 certifie.t v-atement of the gross receipts accruing to and from the operation of the amusement center and each facility thereof for the immediately preceding month, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent E. Xkil -BIT. A - - - -- - --- - - - - -- (10%) of said gross receipts, income from the operation of- the miniature golf cc}urse, or any other amusement placed on and used in the aforesaid property. In the event that LESSEI 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 five (5) years from and after the expiration of this agreement, for and in consideration of the delivery of monthly payments, on the 1st day of each month, to the City Clerk of the City of Paris, during the term of said five - year option period, 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, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (10%) 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. Said option may be exercised by LESSEE'S giving notice in writing of LESSEE'S intention to renew said lease on or before the 1st day of March, 1997. In consideration whereof, LESSOR and LESSEE mutually agree as follows: (1) That LESSOR let and lease to LESSEE the above described .property and premises at the rental and for the term and consideration hereinabove set out, and upon the covenants and conditions 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 ;� a iii. 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. j (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 located, 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 -le=an and careful manner, suffering no trespass upon the same and allowing no unclean or unhealthy condition or practice to develop thereon. Grounds maintenance shall include: During the months of April through September, the premises will be mowed and weedeated on an as needed basis. When all leaves have — fallen from the trees, it will be the LESSEE'S responsi- bility to remove all leaves from said premises. All bags of leaves and trash shall be removed from premises within 24 hours of the time the trash and leaves are collected. Grounds maintenance shall include the entire area listed in the second paragraph on the 1st page of this agreement. 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 premises 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 thy. ^,s. playing of any loud 312 music, or any other noise which _would constitute a nuisance to the people residing in the vicinity 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 amusement- or recreatioq, 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, servants, 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 indemnify, 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 313 person or property, arising from or connected with the use, occupancy and control of said property and promises 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 $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his agents, servants or employees, and shall pay all premises due thereon when due. It is expressly provided that su:.h insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, and must show LESSOR as an additional insured, 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 companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension therefor. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: — City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461 -9037. (11) LESSEE shall keep and perform every agreement and covenant herein contained and shall conform to and observe all sanitary 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 stipulation 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 ettects 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 TRIPLICATE at Paris, Texas, on this the 30th day of March, 1992. ATTEST: CITY OF PARIS By eorge fisher, Mayor ' .Mattie unningham, Cit C'erk LESSOR RY LE LESSEE APPROVED A5VTO ,FORM: . K. Haynes, City Attorney STATE Of TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, know.n 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. 315 GIVEN UNDER MY BAND AND SEAL. OF OFFICE this 30th day of March, 1992. / / / / / ♦ /i / / / /i;i�ii /i /iii: / ALICE M. PINALTO Notary Public / State of Texas i N, A Notary Public, State of Texas Commission Expires , STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared JERRY KYLE, 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 BAND AND SEAL OF OFFICE this J5/ day of March, 1992. / ALICE M. PINALTO ' /•`ANY p Notary Public / / State of Texas Commission Expires ; 1-29 -96 / / / / /i / / /iii...; •;iiiii. -i Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF LAMAR } ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS THAT JERRY KYLE, hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's obligations under the assumed lease does hereby bargain, sell and assign to EDDIE DEAN KYLE, hereinafter called ASSIGNEE, all my right,. deed and interest in and to that certain Lease Agreement between JERRY KYLE and the City of Paris, dated March 30, 1992. ASSIGNEE will be responsible for all terms and conditions stated in said assumed Lease Agreement attached hereto as Exhibit A. RRY LE, ASSIGNOR i EDDIE DEAN KYLE ASSIGNEE, The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO RM: T. K. Hynes,. City ttorney CITY OF PARIS, PARIS, TEXAS G rge - ►skier, Mayor I XHIBE8 316 STATE .OF TEXAS COUNTY OF - LAMAR } '. BEFOR13 ME, the undersigned authority, on this day Personally appeared George'Fisher, Mayor of the City of. Paris, known to' me 'to be the person whose • name is subscribed to.the foregoing. instrument and acknowledged to the that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY l]AND AND SEAL OF OFFICE this ZY, Way of April, 1994. j . �,wY,:�, . ALICE M. PINALTO j / r° ° Notary: Public / i •�• State of Texas i Notary Public, State of Texas Commission Expires i E a: 1-29-96 STATE Or- TEXAS } COtaNTY :OF. LAMA R } BEFORE ME, the'undersigned authority, on this day personally appeared Jerry Kyle, Assignor, known to me to be the person .whose name is subscribed to the'foregoing instrument and acknowledged to me that.11e executed the same for .the purpQSes -aid consideration therein expressed. -GIVEN UNDER MY HAND AND SEAT, OF OFFICE this .2a day of /April', '1994. .' A.ICE M. PINALTO Notary Public % Notary' Public,. State-of Texas Slate' of Texas. / � xas' Commisslon Expires 1 -29-96 .....: _• .STATE. OF TEXAS } GO- UNTY:OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eddie Dean Kyle, Assignee, 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 d y of -A'priI. 1994. / ALICE M. PINALTO i c Notary Public i . r ..` State: of Texas / Notary Public, State of Texas Expires i i 'may °,S „o 1 -29-90 i Resolution No. 95 -076, authorizing and directing the Mayor of the City of Paris, Eric S. Clifford, to execute on behalf of the City of Paris, the Collection Agreement with American Municipal Services Corporation for the collection of stile Municipal Court case fines and court cost, was presented. A motion was made by Councilman Bel i, seconded by Councilman Boyd for approval of the resolution. The motion carried 7 ayes, 0 nays. 318 RESOLUTION NO. 9r_076 WHEREAS, the City Council of the City.of Paris has been made aware of the Municipal Court's need for collection services for stale Municipal Court case fines and court costs, and the City of Paris is desirous of having such fines and court costs collected; and, WHEREAS, in order to receive such collection services, it is necessary for the City of Paris to enter into an Agreement with American Municipal Services Corporation; and, WHEREAS, the form of agreement for such collection services, attached hereto as Exhibit A; should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Collection Agreement with American Municipal Services Corporation for the collection of stale Municipal Court case fines and court costs be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Collection Agreement with American Municipal Services Corporation for the collection of stale Municipal Court case fines and court costs in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day of July, 1995. .Eric S. C iffor , ayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. I4aynes, fifty Attorney COLLECTION AGREEMENT STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT, the CITY Or PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and AMERICAN MUNICIPAL SERVICES CORPORATION, 3740 N. Josey Lane, Suite 225, Carrollton, Texas, by and through its Vice President of Sales, Gregory L. Pitchford, duly authorized, hereinafter called AMSC, do hereby contract and agree as follows: I. AGREEMENT That CITY desires to utilize the services of AMSC to perform collection activities for CITY, and AMSC desires to undertake such collection activities. Accordingly, the parties agrees that their relationship be governed by the terms of this Collection Agreement. That CITY agrees to periodically refer to AMSC citations for collection. No specific number or dollar amount of citations that will be sent to AMSC is represented or guaranteed by CITY. AMSC agrees to use their best efforts to collect t;-oT,e L11,ations sent to AMSC by CITY. 2. PAYMENTS RECEIVED BY AMSC That AMSC will arrange for all Defendants to send their payments directly to CITY. In the event a payment is sent to AMSC by a Defendant, AMSC will immediately forward that payment to CITY. AMSC agrees that it will not deposit, endorse or otherwise negotiate any funds belonging to CITY. EXHIBIT A COLLECTION AGREEMENT - Paige 1 320 3. CONTINGENT FEE That AMSC is to be paid a contingent fee of Twenty -Eight Percent (28%) of the fine amount collected, not including court costs and state fees. CITY agrees to review with AMSC on a weekly basis the amounts paid on those citations referred to AMSC. AMSC agrees to invoice CITY on or about the fifth (5th) day of each month for the previous months collections, said invoices being due and payable within thirty (30) days. All expenses in the collection process, including labor, postage, telephone, skip tracing, etc. shall be paid for by AMSC. AMSC is an independent contractor, and. as such is not to be in any way considered an employee, agent, or representative of CITY. 4. PARTIAL COLLECTIONS AND REPORTS That AMSC is authorized to arrange payment schedules with Defendants and to authorize partial payments, provided the entire amount to be paid by the Defendant equals the total of the fine and costs established by CITY. AMSC is authorized to report on the various National Credit Bureaus, at AMSC's expense, the unpaid amount owed CITY as a debt due the CITY. 5. WITHDRAWAL AND TERMINATION That CITY may withdraw any citation at any time from AMSC, and either party to this Collection Agreement may terminate this Collection Agreement upon ten (10) days prior written notice. Executed this 10th day of July, 1995. Ln CITY OF PARIS Eric S. Clifford, Mayor COLLECTION AGREEMENT - Page 2 321. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ATTEST: Secretary AMERICAN MUNICIPAL SERVICES CORPORATION Gregory L. Pitchford, Vice - President, Sales F COLLECTION AGREEMENT - Page 3 322 Resolution No. 95 -077, referring a list of hazardous buildings to the Building Hazard Inspection Committee for their study and recommendation, was presented. A motion was made by Councilman Boyd, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. Steven Burgin, Fire Chief, was presented advising the Council that regarding the property on Clark Lane, that there will be a demolition permit signed Tuesday morning, and it will be torn down with in thirty days,, which is agreeable with the property owner's attorney. Skip Steeley came forward asking what the problem is with cleaning up a lot when a house has been torn down and leaves it all piled up on the lot? Mr. Burgin responded that the weather has a lot to do with that. Mr. Steeley also wanted to know about using the chipper when there is no water hook -up for the property, and advised that it should be used by the tax payers, and not correspond with water hook -up. Mr. Steeley said he felt there would be more Pots cleaned up. City Manager Malone said the reason that it is set up that way is that we are collecting the sanitation and sanitation related fees through the water billing system, and that is the way we finance the cleanup of the dilapidated houses and mowing of the lots. 323 RESOLUTION NO. 95 -077 WHEREAS, it has been called to the attention of the City Council of the City of Paris, Paris, Texas, that the hereinafter named structures 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 condition of the structures complained of, and the properties involved and the owners are as follows: 1. 1503 10th Street N.E., Lot 10, Block C East Park Addition Owner: Minor, Lee A. 1513 10th Street N.E. Paris, TX 75460 2. 1218 1 lth Street N.W., Lot 5, City Block 101 -A Owner: Graves, E. L. Estate 1015 14th Street N.W. Paris, TX 75460 3. 368 12th Street N.E., Lot 6, City Block 70 -C Owner: Hanning, Jerry 1213 Pine Bluff Paris, TX 75460 4. 902 12th Street N.E., Lot 4, Block 7, Belmont Addition Owner: Gray, C. E. 825 East Oak Street Paris, TX 75460 5. 1044 14th Street N.E., Lot 5, Block 7, Harlan Heights Addition Owner: White, Virgie Young, Frankie P. O. Box 175 Blossom, TX 75416 6. 206 24th Street S.E., Lots 45, 47, 49 & S. 10' Lot 43, Block 2, Lamar Terrace Addition Owner: James, R. L. 4695 Lariat Lane Oakley, CA 94561 7. 1117 3rd Street S.G., Lot 34, City Moc;: 16V"; Owner: Gibson, Calvin Alexander, Morris 516 4th Street N.W. Paris, TX 75460 8. 657 3rd Street S.E., Lot 19, City Block 142 Owner: PISD Trustee 9. 789 4th Street N.W., Lot 3, City Block 89 Owner: Mayes, Thomas J. c/o Rev. Connice Mayes 162 West Perry Hugo, OK 74743 n 9 10. 1441 6th Street N.E., Lot 12, Black -5, Williams Addition Owner: Wilson, Princes Estate s 11. 604 6th Street N.E., Lot 3, City Block 63 Owner: Dixon, Eugene Estate Weiss, Edward Esq. 12. 1040 7th Street N.W., Lot 1, City Block 98 (Casa Bonita) Owner: LSM VeOure:Assoc. 2325 East 71st Street Chicago, IL 60649 13. 1147 East Cherry, Lot 11, City Block 70 Owner: Hamilton, James Robinson, Beatrice 1569 79th Avenue Oakland, CA 94621 14. 2255 West Cherry, N. 75' Lot 2, Block 13, Westside Addition Owner: Waggoner, Harold 22.15 West Cherry Paris, TX 75460 15. 721 Fitzhugh, Lots 11, 14 & S. 40' Lot 10, Block 4, Fitzhugh Addition Owner: Ashley, Margaret V. 625 Wilburn Paris, TX 75460 16. 1238 Graham, Lot 6, City Block 49 Owner: Love, Sharon P. O. Box 902 Paris, TX 75461 17. 1269 Graham, Lot 8, City Block 48 Owner: Taylor, Viola 1269 Graham Paris, TX 75460 18. 719 East Houston, Lot 12, City Block 29 Owner: Parker, David R. 719 East Houston Paris, TX 75460 19. 1113 Jackson, Lot 8, Block 1, Campbell Addition Owner: Lewis, Lida Nelms, Millie 2933 South .Col ;lege Drive Fayetteville, AR 72701 20. 347 Jackson, Lot 27, City Block 160 Owner: Carter, Lois Sandoval, Jose 1029 7th Street N.W. Paris, TX 75460 21. 2514 Lamar, Lot 8, City Block 249 Owner: Bowerman, Louis Jr. Route 9, Box 396 Paris, TX 75460 2 320 22. 2650 North Main Street, Lot 1 -A, City Block 306 (Brangus) Owner: Millir Enterprises 2650 North Main Street Paris, TX 75460 23. 1553 South Main Street, Lot 9, Block 14, Texas & Pacific Addition Owner: Jones, Lula Brown, Dorothy 5415 Madden Houston, TX 77048 24: 946 South Main Street, Lot 11, City Block 157 Owner: Gibson, Calvin 965 Ist Street S.W. Paris, TX 75460 25. 2663 East Price Street, Lot 10, City Block 255 -A Owner: Voight, Linda Ottinger, Mary 2735 3rd Street S.E. Paris, TX 75460 26. 551 West Provine, Lot 24, City Block 88 Owner: Hearn, McKinley Estate 3270 N.W. 172 Terrace Miami, FL 33055 27. 1444 West Sherman, Lot 10, City Block 218 Owner: Wright, Cecil and Bennie Route 2, Box 244 -1 Powderly, TX 75463 28. 649 West Sherman, Lot 1, City Block 134 Owner: Smith, James and Reda Route 2, Box 171 Powderly, TX 75463 29. 727 -739 Tudor, Lot 10, City Block 71-A Owner: Iiarmon, Barbara Louise 5926 Hilcrest Road San Pablo, CA 94806 30. 701 East Tudor, Lot 7, City Block 71 -A Owner: Pratt, F.T. and Sam Ella 107 George Wright ##A Paris, TX 75460 31. 506 East Sherman, Lot 1, City Block 144 Owner: Duncan, Lavera 206 West Plum Paris, TX 75460 32. 1018 16th Street N.E., Lot 11, 13 and 15, Block 4, Harlan Heights Addition Owner: Charles Fuller 764 Tudor Paris, TX 75460 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Building Hazard Inspection Committee Composed of the City Engineer; the Chief, Paris Fire Lam=, a!- .rn-z rt rind the: Chief Building Official, proceed to call a hearing o notify the owners, and, if any, } he property, and to notify such owners g Y Y, p4i� whose residences are not known by publish -ng the same in the newspaper as required by law, and after such hearing to report their findings to. the City Council in accordance with Article III of Chapter 7 of the Code of Ordinances of the City of Paris. PASSED AND ADOPTED this 10th day of July, 1995 A'Clit ayor ATTEST: Mattie Cunningham, City Cl rk APPROVED AS O FORM: T. K. Haynes, Cit Attorney 4 327 Resolution No. 95 -073, authorizing the City Manager, Michael E. Malone, to execute a letter of intent, and at the appropriate time with appropriate authorizations all contracts and agreements with the State of Texas represented by the Texas Department of Transportation for airport improvements at Cox Field Airport was presented. City Manager Malone presented the Council with a copy of a map of the layout of the airport that will give them idea of how the airport is designed and where some of the facilities are located. City Manager Malone pointed out that on the map there are areas that has been identified in the Cox Field Airport Masterplan from 1990 through 2010 prepared by Booker, Willis, and Ratliff. We have identify the airport which was donated by the Federal Government by the City of Paris as an airport used for business and industrial purposes, it has long been recognized that the airport is an asset to the City for the purpose of attracting industry and providing the opportunity for local businesses and industry to utilize the airport for their aviation needs. There is also people who use it for pleasure flying, but that is a secondary consideration with City government. The annual budget for the airport represents 4/10 of one percent of the total budget of the City of Paris. This particular opportunity has come along in conjunction with the federal government, the State of Texas through the Texas Department of Transportation which developes planning for all publicly owned airports throughout the state. For information, City Manager Malone gave the Council an introduction to the Aviation Facilities Development and Financial Assistance Program. City Manager said this program provides assistance for loans or grants to public entities for the purposes of establishing, constructing, rl.c.) ;istructing, enlarging or repairing airports, airstrips or navigational facilities. They have a planning process that they put in a document that is called the Texas Aeronautical Facility Plan, and the objectives of the program is to develop a state -wide system of airports that will meet the goals of providing adequate access to the population and economic centers of Texas. The goal of adequate air service is expressed in terms of the proximity of the activity centers to TAFP airports. In the case of population and economic activity centers, the goal is to have access to an airport capable of serving business jet aircraft within a 30 minute driving time, and for agricultural centers, access by light -twin, piston- engine aircraft within a 30 minute driving time is desirable. City Manager Malone said they do this by developing a series of priorities, there is a series of meeting that are held regionally and also statewide. The priorities are classified according tc the objectives that they address and their objectives are, safety, preservation, standards, upgrade, capacity, new access, and new capacity. They developed a five year plan which is a tentative program and identify all the projects in this plan, they may, or may not be implemented during the period, and that is subject to funding from the general fund of the state, and also funding through the federal government in its programs. City Manager Malone said this plan is updated and approved annually, and this brings us to the present project, and one of the needs that was identified in the Booker, Willis, and Ratliff study of the airport, they identified that the terminal building had some insufficiencies in meeting the current needs along with the future needs of the airport. City Manager Malone said there is an estimate of approximately $145,000.00 to bring the terminal building up to standard, and without state or federal assistance, that would fall upon the local government which funds the airport through general funds which includes appropriation of taxes, and as he pointed out, the airport operates on i. 328 less than 112% of the total budget. City Manager always alert and seeking the opportunity for grants this asset of the City of Paris which is worth in million dollars. said the city is funds to maintain excess of twenty City Manager Malone advised that the state proposes to fund 50% of the terminal with their estimated cost of $400,000.00 brings the City's contribution to $200,000.00. Also there is a project of overlaying hanger access and reconstructing hangar access, install segmented circle, constructing drainage improvement, and installing erosion /sedimentation controls to maintain the pavement. City Manager Malone said we have identified the need for $223,000.00 in that this is a business airport, and we recognize that it is an integral part of a future industrial park, and it is his recommendation that it would be appropriate to seek the funding for the local share from the Paris Economic Development Corporation, and pointed out that the Paris Economic Development Corporation was created and funding through a quarter of one percent sales tax, that was voted on by the citizens of Paris, and is controlled by state law for projects in which it can be expended. This project being an integral part of an industrial park qualifies for that type 'of funding, and therefore; to seek funding through the PEDC which does have funds available to consider for this project, and would not cause any pressure on the City of Paris General Fund, or bring about any need for additional tax to fund this project, and it would also eliminate the need for this rehabilitation which might possible fall upon the general fund as a local project. This would give us a terminal building that is larger and more suited for the purpose for which it is intended, and probably result in a slightly lower utility rate for the operation of the terminal. City Manager Malone said it was his recommendation that the City Council authorize to proceed with this project -., After further discussion, a motion was made by Councilman Bell, seconded by Councilman Hunt for approval of the resolution as presented. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -078 WHEREAS, the State of Texas through the Texas Department of Transportation provides funding for airport improvement projects and. WHEREAS, the City Council of the City of Paris is desirous of requesting financial assistance for airport improvement projects at Cox Field Airport, Paris, Texas for taxiway improvements, drainage improvements, navigational aids and terminal reconstruction, at a total cost of $630,000.00, with $407,000.00 to be provided by the State of Texas, and $223,000.00 to be provided by the City of Paris in the form of local contribution funds and .n kind services as authorized; WIIEREAS, the Texas Department of Transportation requires that it be designated the agent for the City of Paris for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of said improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That request be made to the Texas Department of Transportation for financial assistance for airport improvement projects in the total amount of $407,000.00 as follows: 1) $207,000.00, being approximately 90% of the estimated cost of installing a segmented circle, reconstructing hanger access taxiway, overlaying hanger access taxiway, constructing drainage improvements and installing erosio,,, sedimentation controls at Cox Field Airport, with the City of Paris providing $23,000.00 in funds and in kind services as authorized; and 2) $200,000.00 being approximately 50% of the estimated cost of constructing a new terminal at Cox Field Airport, with the City of Paris providing $200,000.00 in funds and in kind services as authorized. 2. That Michael E. Malone, City Manager of the City of Paris, be, and lie is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the letter of intent in the form attaehcu" li ;re►:5 as Exhibit A, and at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Cox Field Airport. 3. That the Texas Department of Transportation, be, and it is hereby authorized and directed to serve as the City of Paris' agent for the purposes of receiving and disbursing all funds for the above referenced projects at Cox Field Airport and for the administration of contracts necessary for the implementation of said improvements. BE IT FURTHER RESOLVED, that the Director of Finance, Gene Anderson, be, and lie is hereby authorized and directed to make payment to the Texas Department of Transportation as directed in accordance with the letter of intent, attached hereto as Exhibit A, as necessary to fund the City of Paris' portion of such project. PASSED AND ADOPTED this 10t ATTEST: Mattie Cunningham, City Cler APPROVED A O FORM: T. K. Haynes, City Attorney 330 r. July 12, 1995 Mr. David S. Fulton, Director Aviation Division Texas Department of Transportation P.O. Box 12607 Austin, Texas 78711 Dear Mr. Fulton, The City of Paris by this letter and accompanying resolution indicates its intent to pursue financial assistance from the Texas Department of Transportation for the following improvements to the Cox Field Airport: Overlay hanger access TW -- . Reconstruct hangq access TW Install segmented circle Construct drainage improvements Install erosion, sedimentation control Construct terminal building The cost of these improvements is presently estimated to be $630,000. The City of Paris . understands that financial assistance may be available for 50% of the terminal building cost and for 90% of the construction costs of the remaining live projects. The remaining share of eligible costs and any ineligible costs shall be the responsibility of the City of Paris. The City of Paris further understands that its full share of the estimated design costs shall be due in cash upon Texas Department of Transportation written request, or within thirty (30) days of complete execution of the Airport Project Participation Agreement. The City of Paris further understands that the remaining balance of the estimated project costs shall be due in cash upon Texas Department of Transportation written request prior to construction. EXHIBIT A P.O. BOX 9037 • PARIS, TEXAS 75461.9037 • (903) 185-7511 • FAX (903) 785 -8519 331 The City of Paris also indicates its intent to enter into an Airport Project Participation Agreement with the Texas Department of Transportation, naming the Texas Department of Transportation as its agent for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements. The City of Paris has reviewed the text of the Texas Department of Transportation's standard "Airport Project Participation Agreement ", and has found the terms and conditions of the agreement to be acceptable. Sincerely, Michael E. Malone City Manager City of Paris Resolution No. 95 -079, declaring certain property to be surplus and authorizing the sale of the same by auction and authorizing the execution of a contract with Monte Moore, licensed auctioneer to conduct said auction. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTIQ 9 WHEREAS, the several departments of the City of Paris have furnished the list of personal property, attached as Exhibit A to the sales contract attached hereto as Exhibit A, which no longer serves a useful purpose for the City of Paris and its operation, and it would be appropriate that said personal property be declared surplus property; and, WHEREAS, it would be appropriate to dispose of said surplus property by auction duly advertised and conducted by Monte Moore, Auctioneers, Texas Auctioneer License 11456, which firm has heretofore been approved for use by State of Texas agencies, upon the terms and conditions included in the sales contract attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF PARIS, that the personal property described in Exhibit A to the sales contract attached hereto as Exhibit A be, and the same is hereby, declared to be surplus property of the City of Paris and the same may be disposed of in accordance with the laws of the State of Texas and the Charter of the City of Paris; and, BE IT FURTHER RESOLVED that the Mayor of the City of Paris, Eric S. Clifford, be, and lie is hereby, authorize &,and . directed to execute, on behalf of the City of Paris, the professional service contract providing for auctioneering services with Monte Moore, Auctioneers, attached hereto as Exhibit A. PASSED AND ADOPTED on this 10th day of July, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED A TO FORM: K. Haynes, Cit Attorney 332 MONTE MOORE Auctioneers TEXAS AUCTIONEER LICENSE 11456 Phone 903 - 784 -2557 Paris, Texas 75460 3565 N. E. Loop 286 This sales agreement is entered into by MONTE MOORE, hereinafter referred to as Seller, of Paris, Texas, and CITY OF PARIS, hereinafter referred to as Owner, under the following terms and conditions: Seller agrees to conduct a public auction sale or to otherwise sell the following described property belonging to Owner, trustees, creditors, or secured parties. The auction sale to be conducted at the Fair Ground Coliseum Building, Paris, Texas, beginning on the 16th day of August, 1995. PROPERTY TO BE SOLD Inventory with serial numbers to be furnished Seller upon return of this signed contract. Inventory is attached to this contract. Seller agrees to prepare all advertising material and publicity necessary to properly advertise and promote the attendance of buyers. Owner shall bear the cost of such publicity and advertising in an amount not to exceed $0.00. Owner agrees to pay Seller for the services rendered by Seller a commission of ten percent (10 %) of the total income from all sales made during the period of this contract whether such sales are made at public auction, by private sale or in any other manner. This contract and agreement shall be binding upon the parties for a period of thirty (30) days after the execution thereof. Executed this 10th day of July, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney EXHIBIT A OWNER Eric S. 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Department of Justice in the amount of $75,000.00 beginning March 1 1995, and ending February 28, 1998, was presented. A motion was made by Councilman Hunt for approval of the resolution. The motion was seconded by Councilman Fulbright, and carried 7 ayes, 0 nays. tM 339 RESOLUTION NO. 95 -080 WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of January, 1995, in Resolution No. 95 -008, authorize an application to be made to the U. S. Department of Justice, Office of Community Oriented Policing Services, for a COPS FAST Program grant; and, WHEREAS, the U. S. Department of Justice, Office of Community Oriented Policing , Services, has issued its Grani Award entitled "COPS FAST Grant #95CFWX2504" for the three - year period beginning March 1, 1995, ending February 28, 1998, in the total amount of $75,000.00, requiring matching contribution of $29,463.00, to be used for the purpose of paying the salary and approved fringe benefits for one swor:-. teit7le level officer, lateral transfer or rehired officer to implement the Community Oriented Policing Services (COPS) program; and, WHEREAS, it is deemed to be in the hest interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to improve the Community Oriented Policing Services in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the COPS FAST Grant #95CFWX2504 for the three -year period beginning March 1, 1995, ending February 28, 1998, in the total amount of $75,0W.00, requiring matching contribution of $29,463.00, to be used for the purpose of paying the salary and approved fringe benefits for one sworn entry level officer, lateral transfer or rehired officer to implement the Community Oriented Policing Services (COPS) program be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Grant Acceptance Notice in the form of Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day of July, 1995 Eric S. C fford, Mayor ATTEST: Mattie Cunningham, City CI k AA VED T. K. avne� FORM: ty Attorney 0. COPS FAST AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SER VICES Grant #: 95CFWX2504 ORI #: TX13902 Vendor #: 756000635 Applicant Organization's Legal Name: Paris Police Department Law Enforcement Executive Name: Chicf Karl Louis Address: 811 Bonham Street City, State and Zip Code: Paris, TX 75460 Phone Number: (903) 784 -5252 Fax Number: (903) 784 -7210 Government Executive Name: Mr. Michael Malone Address: P.O. Box 9037 City, State and Zip Code: Paris, TX 75460 Phone Number: (903) 785 -7511 Pax Number: (903) 785 -8519 Award start date: March 1, 1995 Award Amount: $75,000.00 Jos h Y Brann Di ect JU14 19 [%q5 Date �)Af) Award end date: February 28, 1998 Number of Officers: 1 By signing this award, the signatory official is agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Official with the authority to accept this grant award Typed Name and Title of Official Date EXHIBIT A Resolution No. 95 -081, reappointing Jackie Alsobrook and Keitt Wood, to serve as lay representatives to the Northeast Texas Library System for a term of 2 years beginning September 1, 1995, was presented. A motion was made by Councilman Hunt, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 341 RESOLUTION NO. 95 -081 WHEREAS, the City of Paris, acting through its Library, is desirous of continuing participation in the Northeast Texas Library System; and, WHEREAS, the terms of office of Jackie Alsobrook and Keitt Wood, as lay representatives to the Northeast Texas Library System, will expire on August 31, 1995; and, WHEREAS, the Library Advisory Board of the City of Paris does hereby recommend the reappointment of Jackie Alsobrook and Keitt Wood for terms of two (2) years, beginning September 1, 1995, and ending Augvs'. 31; 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that Jackie Alsobrook and Keitt Wood, be, and they are hereby, reappointed to serve as lay representatives to the Northeast Texas Library System for terms of two (2) years, beginning September 1, 1995, and ending August 31, 1997. PASSED AND ADOPTED this 10th day of July, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cle APPROVEZASO FORM: T. K. 14aynes, 6ty Attorney h City Manager Malone called for consideration of and action on grievance appeal of Mr. Danny Landers, and pointed out to the Council that the City of Paris has a personnel policy handbook, it does provide in the policy of the appeal of a grievance to the City Council on the part of an employee or former employee in the event that the employee is not satisfied with the outcome there has been from previous appeals. City Manager Malone said when disciplinary action is taken, there is a hearing provided by the department head involved, that action is subject to appeal to the Director of Personnel who is the Finance Office of the City of Paris, then the appeal process goes to the City Manager, and should the employee wishes to appeal to the City Council, they do have that opportunity. Tonight Mr. Danny Landers has an appeal that he would like to bring before the Council. Mr. Danny Landers was present telling the Council that he feels he was unjustified in being fired for trying to do his job. Mr. Landers said during the time all this took place, he was doing his job and reporting an open mike conversation with 'some other crews, and when it was all over with, he was the one ended up being in trouble for it. Mr. Landers said he felt this was all because he came before the Council with the men for seeing about getting a higher pay rate last year, and believes this is a repercussion from it along with a conversation he had with Mr. Huddleston, Public Works Director, about changing a gravel road, as you said a minute ago, they don't do that, yet we had to do it, and he had questioned him about it, and he got real hot about it. He believes this is just another step on down in what caused my termination. City Manager Malone called the Council's attention to the original document dated April 24, 1995, Termination, Danny Landers, Maintenance Supervisor D -46,- Danny Landers is being terminated as a City employee as a result of charges which arose from an open radio mike incident which occurred on April 5, 1995, and Danny's subsequent statement to the Department Supervisor which he made on April 7, 1995. CHARGE #1: You, Danny Landers was accused of advising or encouraging an employee (James Haley) to cover up the truth concerning an open radio mike on April 5, 1995, in the morning, over which Haley and crew were heard using profanity. CHARGE #2: You, Danny Landers was accused to making a false statement to your Supervisor, B. A. Huddleston, that you had not had any conversation concerning the cover up of the open mike incident. City Manager Malone said the termination was effective Tuesday, April 25, 1995, 8:00 A.M. City Manager Malone said it is noted that during the past five years you, Danny Landers, have received four other disciplinary suspension: 343 1. January 4, 19921, - One day suspension for unauthorized activity during working hours. (Playing cards). 2. February 22, 1992 - One day suspension for failure to observe the established procedures and rules of the City Misuse of Authority (authorizing City employees to remove City material from the storage yard for private use). 3. May 6, 1992 - Three day suspension for use of City equipment and personnel (remove tree from private property of a relative). 4. November 18, 1994 - 10 day suspension as a result of an incident that occurred on November 19, 1994, (Danny and Gerald Garrard was observed picking up pecans on private property during normal working hours). City Manager Malone said at that time Mr. Landers was advised that any further infractions or violations of Department Rules or Policies will be grounds for immediate dismissal. City Manager Malone said there were a variety of reports attached. This did not prohibit Mr. Landers any rights under the personnel policy, yc:; were given a review hearing concerning those charges on April 20th at 2:00 P. M. Mr. Landers said that they say he was accused of trying to cover it up, but he was the one that reported it. He knew who it was on the radio, I reported who it was, and he did not understand how he keeps saying that he was trying to cover it up when he was the one who reported to his boss and also to the public works director. City Manager Malone said that varies -with the other statements make by the other employees, and added that two of them volunteered for the polygraph, and passed, and Mr. Landers volunteered for the polygraph, and did not pass at all. City Manager Malone told the Council that this matter concerns action on a particular day, his grievance appeal concerns actions that he took and action that city staff took in response to his action. City Manager Malone said it was clear from the record, clear from the facts that he not only violated the policy at this time, but in the progressive disciplinary system that we operate under, he has been afforded probably more opportunities to remain employed than he should have been. City Manager Malone said the employee has been fairly treated, and it is my recommendation that his termination will stand. Mr. Neeley said he has not really understood from Danny what he was saying. Mr.Landers said tie thinks he is trying to cover up telling someone else to go in and lie, to try to cover up something that they did, but yet, no one down there knew who it was on the radio, and he was the one that reported, and can't understand why these guys would go in there and lie after he had reported it to my boss. After further discussion, a motion was made seconded by Councilman Jenkins to table. action order for the Council to have more time to revie w motion carried 4 ayes, 3 nays, Councilman Hunt Mayor Clifford voting no. by Councilman Neeley, on this grievance in the information. The Councilman Boyd, and City Attorney Haynes reported on delinquent tax suites that were auctions on the Sheriff's tax sale June 6, 1995: Track 1, Lot 4, Block 1, Hopskins addition, City of Paris, owned by Floyd Bills, opening bid $8,280.98, that was the amount of judgement; A tract of land being 50' x 136', owned by Clarice Holt, opening bid $8,821.81, result was a pay agreement; A tract of land being 50' x 100' out of Lot 1, also know as Lot 1A, Block 2 Fitzhugh Addition, City of Paris, owner Jesse Hall, City taxes $2,582.25, opening bid was $13,620.00, struck off to the tax entities; Tract 2, being 100' x 81' out of Lot 1B, City of Paris, City taxes owed was $247.19, opening bid was $1,570.19, it was struck off for the tax entities; Tract 4, a track- of land being 122' x 102' x 120' x 102' out of Lot C, Block 61, opening bid $610.00, result sold to Edith Bills for $1,500.00, City of Paris taxes, 941.61 which we will received for this sale; Tract 5, Lot 4, and 4A, Block 75A City of Paris, opening bid $9,384.85, it was pulled for the sale because of an agreement; Tract 6, Lot 7A and 8, Block 74A, City of Paris, opening bid $2,722.92, sold to Mary Gibson at $2,750.00, City of Paris taxes 483.10; 44.62' x 165' out of the A Jamar Survey, City of Paris, opening bid $2,643.09, struck off to the tax entities; Lot 32, E.S. Connor Addition, opening bid $1,100.00, struck off to the tax entities; Lot 1 and 2, Block H, East Park Addition, opening bid $2,480.00, struck off to the tax entities; Part of Lots 5 and 6, Block A, Nancy Right Addition; opening bid $2,466.63, struck off to tax entities; City of Paris has $402.27. There being no further business, the meeti as adjourned. ERIC S. CLIFFOR ,-_MAYOR ATTEST: MATTIE CUNNINGH M. CITY CL R 344 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 10, 1995 The City Council of the City of Paris met in regular session, Thursday, August 10, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called -the meeting to order with the following Councilmembers present: Charles Fulbright, Alan Boyd, Charles Neeley, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on August 7, 1995, and attached hereto as part of these minutes as Exhibit A. City Manager Malone advised the Council that the first item on the agenda was a continuation of a public hearing to consider the petition of David Thomas for a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit -Signs and Billboards (52), on Lot 6, City Block 321, located at 2015 N. E. Loop 286, and this item had been tabled at the July 6, 1995, meeting. Should the Council wish to consider this matter tonight, a motion to bring from the table would be necessary. A motion was made by Councilman Jenkins, seconded by Councilman Boyd to bring the above item from the table. The motion carried 5 ayes, 0 nays, and Mayor Clifford declared the pub-1-ic tearing open. Mayor Clifford called for proponents to appear, and David Thomas came forward telling the Council that he and his brother would like to put a billboard sign at this location. Mayor Clifford called for opponents to appear, none appeared and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Boyd to bring Agenda Item No. 4, Consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District (GR) to a General Retail District (GR) and Specific Use Permit -Signs and Billboards (52) on Lot 6, City Block 321, from the table. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Neeley, seconded by Councilman Jenkins authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District (GR) to a General Retail District (GR) and Specific Use Permit -Signs and Billboards (52) on Lot 6, City Block 321. The motion carried 5 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the petition of Carolyn Williams for a change in zoning from a One- Family Dwelling District No. 3 (SF -3) to a Neighborhood Service District (NS) ..�..�... __ ..... .... _..._. �......,..,....a .�._ on Lot 14, Block 7, of the Colonial Addition, located at 1560 West Shiloh. Mayor Clifford called for proponents to appear and Carolyn Williams appeared in behalf of her petition advising the Council that her plans are to operate a Beauty Shop at this location, and further advised that there would be adequate car! ,.ins,. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was closed. A motion was made by Councilman Fulbright, seconded by Councilman Neeley authorizing preparation of an ordii,ance amending Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 3 to a Neighborhood Service District on Lot 14, Block 7, of the Colonial Addition. The motion carried 5 ayes, 0 nays-. Mayor Clifford declared the public hearing open to consider the petition of Robert Johns for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Two - Family Dwelling District No. 2 (2F) on Lots 6 and 7, Block A of the Ridgecrest Addition, located at 635 and 645 26th Street N. E. Mayor Clifford called for proponents to appear and Robert Johns was present speaking in favor of his petition. Mr. Johns told the Council that his plan is to build a duplexes on these lots, and presenting photos of previous duplexes. Mr. Johns also submitted a letter stating that they would also honor the Affidavit of Fact presented at the first zoning change for this development. Mayor Clifford called for opponents to appear, none appeared and the public hearing was closed. A motion was made by Councilman Neeley authorizing preparation of an ordinance amending Zoning Ordinance No. 17iJ changing the zoning from a One - Family Dwelling District No 2 to a Two - Family Dwelling District No.2 on Lots 6 and 7, Block A of the Ridgecrest Addition. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. Mayor Clifford declared the public hearing open on the petition of Robert Johns for a change in zoning from a One- Family Dwelling District No. 2 (SF -2) to a Multiple - Family Dwelling District No. 1 (MF -1) on Lot 5 -B, City Block 259, located at 2601 East Cherry. Mayor Clifford called for proponents to appear and Robert Johns appear stating that there was some opposition at the Planning and Zoning Commission, and he would like this item tabled in order to get the problem resolved. A motion was made by Councilman Neeley to table action on the above item and continue the. public hearing. The motion was seconded by Councilman Jenkins, and ca.-,ied 6 ayes, 0 nays. 3 4 7 No action was taken on Agenda item No. 10, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One- Family Dwelling District No. 2 (SI -2) to a Mill ple- Family Dwelling District No. 1 on Lot 5 -B, City Block 259. Mayor Clifford declared the public hearing open on the petition of _ - Carolyn Williams for a change in zoning from a One - Family Dwelling District No. 3 (SF -3) to a Two - Family Dwelling District No. 2 (2F) on Lot 1, Block 7, of the Colonial Addition, located at 1555 West Walker. Mayor Clifford called for proponents to appear, and Carolyn Williams appeared before the Council in support of her petition telling the Council that she would like to build a duplex on this lot. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Boyd, seconded by Councilman Jenkins authorizing preparation of an ordinance changing the zoning from a One - Family Dwelling District No. 3 (SF -3) to a Two - Family Dwelling District No. 2 (2F) on Lot 1, Biuck 7, of the Colonial Addition. Tile motion carried 5 ayes, 0 nays. City Manager Malone caller! `or consideration of and action on approval of the Final Plat of Block 1, Parc Quest Addition. A motion was made by Councilman Neeley, seconded by Councilman Fulbright approving the Final Plat of Block 1, Parc Quest Addition subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Neeley, seconded by Councilman Boyd to -- table action on the Final Plat of Oak Creek Phase VI. The motion carried 4 ayes 1, abstention, Mayor Clifford abstaining. City Manager Malone called for consideration of and action on approval of the Replat of Lot B, Block 3, Harlan Heights Addition. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the Replat subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and approval of the Replat of Lot 9, City Block 108. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright for approval of the Replat. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and approval of the Final Plat of Millers Place Phase I. A motion was made by Councilman Boyd, seconded by Councilman Fulbright for approval of the Final Plat of Millers Place Phase I subject to the require►rrnts of tl►e City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and approval of ti►e Replat of a portion of Lot 1, City Block 321. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the Replat subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and actin -, on authorizing the preparation of an ... .. .. ...r........w . •••.rr ... ✓aN1MriY.1l`i.IiNNIM'. u.•• 348 ordinance setting the public hearing on the approximately 20.32 acre (Tenaska III Texas Highway 271 North and approximately 70.08 property. A motion was made by Councilman Councilman Boyd authorizing preparation of an public hearing on the proposed annexation. The 0 nays. proposed annexation of Partners property) on acres of Lake Crook Fulbright, seconded by ordinance setting the motion carried 5 ayes, A motion was made by Councilman Jenkins, seconded by Councilman Fulbright authorizing preparation of an ordinance amending Ordinance No. 92 -045, Section 17 -5(f) fees for birth and death records providing for local registrar to increase cost of a Birth Certificate to $11.00 in order to collect a $2.00 surcharge and remit $1.80 of that surcharge to the Texas Employment Commission through the Comptrollers office effective September 1, 1995. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Fulbright, seconded by Councilman Boyd authorizing preparation of an ordinance amending the Code of Ordinances by revising Section 18 -23(a) providing for a security fee to be taxed as cost of court on municipal court cases to fund the municipal court building security fund, and deleting subparagraphs (1), (2), and (4) of Section 18 -23(a) which includes subjects that are now provided for in State Law. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on authorizing preparation of a resolution authorizing the execution of a temporary easement for road access across 1st Street N. W. and North Main Street Reconstruction Project Right -Of -Way. City Attorney Haynes advised the Council that the City purchase some land in the past that may be used at sometime as a part of the connection process of 1st-Street N. W. to North Main Street, a project that has been under consideration for a long time. In doing this we have cutoff the property owners from access to N. Main Street, and it is appropriate to give them a temporary easement across the right -of -way so that they can continue to access their property. A motion was made by Councilman Neeley, seconded by Councilman Boyd authorizing preparation of the resolution. The motion carried 5 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Carles Sterling, Lot 2, East Park Center, 3215 N. E. Loop 286, from Commercial District to Commercial With Specific Use Permit District, Billboard Sign (52). Mayor Clifford referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting to be held September 5, 1995, and before the City Council at their meeting of September 7, 1995. City Attorney Haynes advised the Council that the City has complied with all the requirements to be a new ordinance city under under.a 349 class action suite with Southwestern Bell, we have not received any money, but we have done all the things necessary to paved the road for that. City Attorney Haynes said as soon as we receive any money, it will be reported to the Council. A motion was made by Councilman Neeley to adjourn. The motion was seconded by Councilman Jenkins, and carried 5 ayes, 0 nays. ERIC . Cl_ FFOR , MAYOR, CITY OF PARIS ATTEST: PLATT E CUNNINGHAM, CITY K MINUTES OF THE PLANNING AND ZONING COMMISSION Monday, August 7, 1995 The Planning and Zoning Commission met Monday, August 7, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter- Chairman 4. Millie McDonald 2. Nadine Ausbie 5. Marshall Kent 3. Louis Yates 6. Curtis Fendlev 1. The minutes of the July 3, 1995 meeting were approved with a motion by Curtis Fendley and seconded by Marshall Kent. Motion carried 6 ayes and 0 nays. 2. Chairman Hayter declared the Public Hearing opened to consider the petition of David Thomas for a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit (52) Signs and Billboards, located on Lot 6, City Block 321, located at 2015 N.E. Loop 286. A motion to bring item from the table was made by Curtis Fendlev and seconded by Nadine Ausbie. Motion carried by a vote of 6 aves and 0 nays. David Thomas spoke in favor of the request for the billboard. There was no opposition to address the Commission and the Public Hearing was declared closed. A motion to approved petition was made by Curtis Fendlev. The motion was seconded by Nadine Ausbie and carried by a vote 6 ayes and 0 nays. 3. Chairman Hayter declared the Public Hearing opened to consider the petition of Carolyn Williams for a change in zoning from a Single Family Dwelling District No. 3 (SF -3) to a Neighborhood Service District (NS) on Lot 14, Block 7 of the Colonial :addition, located at 1560 West Shiloh. Ms. Carolyn Williams addressed the Commission on behalf of her request for a beauty shop. She stated that adequate parking existed. No one spoke in opposition and the Public Hearing was declared closed. The petition was approved by a motion from Nadine Ausbie and seconded by Millie McDonald. The motion carried by a vote of 6 ayes to 0 nays. 351. 4. Chairman Hayter declared the Public Hearing opened to consider the petition of Robert Johns for a change in zoning from a Single Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District No. 2 (2117) on Lots 6 & 7, Block A of the Ridgecrest Addition, located at 635 and 645 N.E. 26th. This item was tabled until the September meeting with a motion from Curtis Fendley. The motion was seconded by Marshall Kent and the motion carried by a vote of 6 ayes and 0 nays. At 6:15 P.M. Curtis Fendley made a motion to bring item from the table with a seconded by Marshall Kent. The motion carried by a vote of 6 ayes and 0 nays. Robert Johns addressed the Commission on behalf of his petition and presented photos of previous duplexes. Mr. Johns also submitted a letter stating that they would also honor the Affidavit of Fact presented at the first zoning change for this development. There was no opposition to this petition and the Public Hearing was declared closed. A motion to approve was made by Charles Fendley and seconded by Louis Yates. The motion carried by a vote of 6 ayes and 0 nays. 5. Chairman Hayter declared the Public Hearing opened to consider the petition of Robert ,Johns for a change in zoning from a Single Familv Dwelling District No. 2 (SF -2) to a Multiple Family Dwelling District No. 1 (iiNIF -1) on Lot 5 -B, Citv Block 259, located at 2601 East Cherrv. There was no one to speak in favor oftt.is petition. Mr. Jim Lassiter of 376 N.E. 26th opposed the zoning change to a iviultiple Family Dwelling. N-Ir. Lassiter stated he was not opposed to converting existing house into a duplex. No one else spoke and the Public Hearing was declared closed. Curtis Fendley made the motion to deny this petition. The motion was seconded by Nadine Ausbie and the motion carried by a vote of 6 ayes and 0 nays. 6. Chairman Havter declared the Public Hearing opened to consider the petition of Carolyn Williams for a change in zoning from a Single Fan liv tip +etl;ng District No. 3 (SF -3) to a Two Familv Dwelling District No. 2 (2F) on Lot 1, Block 7 of the Colonial Addition, located at 1555 West Walker. Ms. Carolyn Williams addressed the Commission requesting a duplex at the corner of W. Walker and N.W. 16th. The duplex would face Walker. There was no one to speak in opposition of the request and the Public Hearing was declared closed. A motion to approve was made by Nadine Ausbie and seconded by Curtis Fendlev. The motion carved by a vote of 6 ayes and 0 nays. 7. Consider recommendation of the final Plat for Block 1, fare Ouest addition. A motion to approve subject to City Engineer's memo dated August 7, 1995 was made by Marshall Kent. The motion was seconded by Millie McDonald and carried by a vote of 6 ayes and 0 nays. 8. Consider recommendation of the Final I'!at for Oak Creek Phase V1. This item was tabled until the September Meeting. 9. Consider recommendation of the Replat for Lot 8, Block 3 of the Harlan Heights Addition. A motion to approve was made by Curtis Fendlev subject to Engineer's Memo dated August 7, 1995, including a variance from curb. The motion was seconded by Marshail Kent and carried by a vote of 6 ayes and 0 nays. 10. Consider recommendation of the Replat for Lot 9, Cite Block 108. A motion to approve was made by Nadine ;-\usl-lie subject to Engineer's Memo dated August 7, 1995. The motion was seconded by Millie McDonald and carried by a vote offs ayes and 0 nays. 11. Consider recommendation of the Final Plat for `fillers Place Phase I. A motion %%as made by Curtis Fendley to approve subject to Engineer's iiNtemo dated August 7, 1995. Seconded by Millie McDonald and carried by a vote of6 ayes and 0 nays. 12. Consider recommendation of the Replat of a portion of Lot 1, City Block 321. Millie McDonald made a motion to approve subject to Engineer's Memo dated August 7. 1995. The motion was seconded by Louis Yates and carried by a vote of ayes and 0 nays. Meeting: was adjourned at 6:20 P.i,,l. Earl Smiti, 352 353 MINUTES OF THE REGULAR MEETING-Orr THE CITY COUNCIL August 14, 1995 The City Council of the City of Paris met in regular session, Monday, August 14, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Aaron Jenkins, and Charles Neeley. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by City Councilman Aaron Jenkins. Mayor Clifford announced that if there was anyone in the audience who has business to bring befor, -� the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and the minutes from the Visitors & Convention Council Work Program and Budget Approval Committee, Airport Advisory Board, and Paris Economic Development Corporation had been furnished with no action being required. ORDINANCE NO. 95 -027 AN ORDINANCE AMENDING AND MODIFYING ORDINANCE NO. 2564 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON APRIL 13, 1981, AS AMENDED BY ORDINANCE NO. 93 -021 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON MAY 17, 1993, WHICH GRANTED A FRANCHISE TO LONE STAR GAS COMPANY TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS; PROVIDING FOR THE AMENDMENT OF SECTION 1 DEALING WITH THE TERM OF THE FRANCHISE; PROVIDING FOR THE AMENDMENT OF SECTION 5 DEALING WITH THE EXTENSION OF MAINS; PROVIDING FOR THE AMENDMENT OF SECTION 9 DEALING WITH THE COMPENSATION TO BE PAID TO THE CITY PURSUANT TO THE ORDINANCE AND; PROVIDING AN EFFECTIVE DATE was presented on third reading. A motion was made by Councilman Boyd, seconded by Councilman Jenkins for adoption of the ordinance on third reading. The motion carried 5 ayes, 0 nay .,. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending the Code of Ordinances by revising Section 24 -1(a) prohibiting soliciting, selling, etc, during certain hours of certaii7 months of the year. City Manager Malone advised the Council that in recent review of our policy and our ordinance controlling solicitation in residential areas, we found that solicitation was permitted to be until 9:00 P. M. in the 354 evening. City Manager said we feel that 9:00 P. M. in the evening is fine for daylight savings time because it is basically light until approximately 9:00 P. M. in the evening. However, in the winter months we feel that solicitation should only be permitted until 6:00 P. M. in the evening, which would be twilight. City Manager Malone said the solicitation covered by this ordinance does not apply to solicitation by appointment, meaning that the solicitor has made an appointment. They can solicit in a residential neighborhood without regard to this ordinance. After discussion, a motion was made by Councilman Fulbright, seconded by Councilman Neeley authorizing preparation of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -028 AN ORDINANCE AMENDING ZONING ORDINANCES 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 SPECIFIC USE PERMIT - SIGNS AND BILLBOARD (52) ON LOT 6, CITY BLOCK 321, ON PROPERTY BELONGING TO DAVID THOMAS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT,(GR); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - SIGNS AND BILLBOARDS (52) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 , was presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -029 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 14, BLOCK 7, COLONIAL ADDITION, ON PROPERTY BELONGING TO CAROLYN WILLIAMS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 3 (SF -3); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWifH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeley for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -030 35� AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHING BY THE ZONING MAP OF SAID CIT';; ESTABLISHING A TWO- FAMILY DWELLING DISTRICT (2F) ON LOTS 6 AND 7, BLOCK A, RIDGECREST ADDITION, ON PROPERTY BELONGING TO ROBERT JOHNS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT ;,_F ,SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 was presented. A motion was made by Councilman Boyd, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -031 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 LOT 1, BLOCK 7, COLONIAL ADDITION, ON PROPERTY BELONGING TO CAROLYN WILLIAMS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 3 (SF -3); DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING OR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -032 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 Jenkins, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -033 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SUBPARAGRAPHS (F) AND (g) OF SECTION 17 -5 OF SAID CODE; PROVIDING FOR AN ADDITIONAL $2.00 SURCHARGE FOR ISSUING CERTIFT -� COPIES OF BIRTH RECORDS AND _ PROVIDING FOR REMITTANCE OF A PORTION OF THAT SURCHARGE TO THE COMPTROLLER FOR DEPOSIT IN THE WORK AND FAMILY POLICIES FUND; REPEALING x.. y i ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 95 -034 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 18 -23(a) OF SAID CODE; PROVIDING FOR COLLECTION OF SECURITY FEES TO BE USED FOR MUNICIPAL COURT BUILDING SECURITY FUND; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1995 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Neeley for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Resolution No. 95 -082, resolving that the Municipal Lease and Option Agreement for the leasing of vehicles is hereby accepted and let conditioned upon said dealer meeting all of the terms and conditions included in the bid documents, and further resolved that the City Manager of the City of Paris Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Municipal Lease and Option Agreement with Capps Rent a Car, Incorporated, for the leasing of vehicles, was presented. A motion was made by Councilman Neeley, seconded by Councilman Boyd for ppproval of the resolution. The motion carried 5 ayes, 0 nays. 356 357 RESOLUTION NO. 95 -082 WHEREAS, the City Council of the City of Paris, did receive bids for leasing vehicles until 3:00 p.m., Tuesday, July 19, 1995; and, WHEREAS, the best bid for the leasing of said vehicles was made by Capps Rent A Car, Incorporated, Dallas, Texas, and it should be awarded such bid; and, WHEREAS, the form of said Municipal Lease and Option Agreement for vehicles is attached hereto as Exhibit A, should be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Municipal Lease and Option Agreement attached hereto as Exhibit A, for the leasing of vehicles is hereby accepted and let conditioned upon said dealer meeting all of the terms and conditions included in the bid documents attached hereto as Exhibit B; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Municipal Lease and Option Agreement with Capps Rent A Car, Incorporated, for the leasing of vehicles, upon the terns and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this l4tl! day of August, 1995. Eric S. Cl' rd, Mayor ATTEST: Mattie Cunningham, City rk APPROVED AS TO FORM: K. Haynes, Ci Attorney 358 MUNICIPAL LEASE AND OPTION AGREEMENT`_.,, LESSOR: CAPPS RENT CAR, INCORPORATED 8555 JOHN CARPENTER FREEEWAY DALLAS, TEXAS 75247 LESSEE: City of Paris P. 0. Box Paris, TX 75 1 THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR INCORPORATED (LESSOR) AND THE (LESSEE), A BODY CORPORATE AND POLITIC DULY ORGANIZED AND EX (STING UNDER THE LAWS OF THE STATE OF TEXAS. THE IS AUTHORIZED UNDER THE CONSTITUTIION AND LAWS OF THE STATE OF TEXAS TO ENTER INTO THIS AGREEMENT FOR THE PURPOSES DESCRIBED AND BOTH PARTIES AGREE AS FOLLOWS: LESSEE DESIRES TO LEASE FROM LESSOR, THE VEHICLE OR VEHICLES IN ACCORDANCE WITH THIS AGREEMENT AND TO HOLD THE VEHICLE OR VEHICLES FOR THE TERM OF THE LEASE. THIS AGREEMENT COVERS ALL VEHICLES DELIVERED BY LESSOR AND ACCEPTED BY LESSEE. 2. THIS AGREEMENT SHALL BE IN EFFECT THROUGHOUT THE ENTIRE LEASE TERM. THE LEASE TERM SHALL BE A PERIOD OF AT LEAST SIX MONTHS NOT TO EXCEED TEN MONTHS. UNLESS OTHERWISE MUTUALLY AGREED UPON BY BOTH LESSOR AND LESSEE. 2a. LESSOR AGREES TO PROVIDE LESSEE DURING THE LEASE TERM WITH OUIET USE AND ENJOYMENT OF THE EOUIPMENT. LESSEE WILL NOT USE. OPERATE OR MAINTAIN THE VEHICLE(S) IMPROPERLY, CARELESSLY, IN VIOLATION OF ANY APPLICABLE LAW OR IN ANY MANNER CONTRARY TO THAT CONTEMPLATED BY THIS AGREEMENT. 3. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT THERE ARE NO UNDERSTANDINGS. AGREEMENTS, REPRESENTATIONS, OR WARRANTIES, (INCLUDING ANY WARRANTIES OR FITNESS FOR A PARTICULAR PUR POSE). THAT ARE NOT SPECIFIED HERIN. RESPr -CTING THIS CONTRACT OR VEHICLES LEASED HEREUNDER. THIS CONTRACT STATES THE ENTIRE `C,a31'CATION OF THE LESSOR IN CONNECTION WITH THIS TRANSACTION, AND PAROL STATEMENTS ARE NOT A PART OF THIS AGREEMENT. 3a. LESSEE IS LEASING THE VEHICLES IN *AS IS' CONDITION. 3b. IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE. INCLUDING ACTUAL OR CONSEOUEN TIAL DAMAGE. IN CONNECTION WITH OR ARISING OUT OF THIIS AGREEMENT RELATED TO LESSEE'S USE OF ANY VEHICLES, PRODUCTS, OR SERVICES PROVIDED FOR IN THIS AGREEMENT. 3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS, OIL AND FILTER CHANGES (AT INTERVALS NOT TO EXCEED 5.000 MILES BETWEEN CHANGES). TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN THE EVENT OF A TIRE REPLACEMENT, LESSEE AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIKE BRAND AS WAS ORIGIONALLY PROVIDED. LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENT THAT OIL CHANGES ARE NOT PERFORMED. MINOR REPAIRS IS DEFINED AS THOSE REPAIRS COSTING $50.00 OR LESS AND NOT COVERED BY FACTORY WARRANTY. ANY REPAIR THAT WOULD BE LESSORS' RESPONSIBILITY IS TO BE APPROVED BY LESSOR PRIOR TO REPAIRS BEING PERFORMED. 3d. ANY REPAIRS OR MAINTENANCE IN EXCESS OF $50.00 AND NOT COVERED BY MANUFACTURER'S WARRANTY AND DEEMED TO BE THE RESPONSIBILITY OF THE LESSOR. SHALL NOT BE PERFORMED WITHOUT PRIOR APPROVAL OF LESSOR. NORMAL WEAR AND TEAR IS ACCEPTABLE. ABNORMAL WEAR AND TEAR OR SUBSTANDARD BODY REPAIRS ARE NOT ACCEPTABLE AND WILL BE CHARGED BACK TO LESSEE. DAMAGED WINDSHIELDS MUST BE REPLACED (REPAIRED OR -PLUGGED- WINDSHIELDS WILL NOT BE ACCEPTED) AT LESSEE'S EXPENSE. RE- PLACED WINDSHIELDS ARE TO BE 'CARLITE-, -PPG-OR -LOF- GLASS. LABOR TO REPAIR HOLES THAT HAVE BEEN DRILLED IN VEHICLES BY LESSEE WILL BE CHARGED BACK TO LESSEE AT AUTHORIZED NEW CAR DEALERSHIP RATES. 4. THE OBLIGATION OF THE LESSEE TO MAKE RENTAL PAYMENT HEREUNDER IS A CURRENT EXPENSE OF LESSEE AND NOT DEBT OF LESSEE IN CONTRAVENTION OF ANY APPLICABLE LIMITATIONS OR REQUIREMENTS, NOR SHALL ANYTHING CONTAINED HERIN CONSTITUTE A PLEDGE OF THE GENERAL TAX REVENUES. FUNDS OR MONIES OF LESSEE. 4a. THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS, AND TO PERFORM AND OBSERVE THE COVENANTS AND AGREEMENTS CONTAINED HERIN, SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NOTWITHSTANDING ANY DISPUTE BETWEEN LESSEE AND LES-:OR. ANY VENDOR OR ANY OTHER PERSON, LESSEE SHALL NOT ASSERT ANY RIGHT OF SET -OFF OR COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE PAYMENTS UNDER THIS AGREEMENT. 4b. LESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN Ii S POWER TO OBTAIN AND MAINTAIN FUNDS FROM WHICH THE RENTAL PAYMENTS MAY BE MADE. EM 1 j� 359 5. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YI7AR1RhID,TllF LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF NONAPPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE THEREOF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NONAPPROPRIATION, THE LESSEE AGREES THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLES(S). LESSEE AGREES PEACEABLY TO DELIVER THE VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR, ALL AT LE:.':;EE'S EXPENSE. ALL PAYMENTS ARE DUE- AND PAYABLE IN DALLAS COUNTY TEXAS. Sa. LESSEE GRANTS TO LESSOR A SECURITY INTEREST CONSTITUTING A FIRST LIEN ON THE VEHICLE(S) AND ON ALL ADDITIONS AND ATTACHMENTS THERETO. AND ON ANY PROCEEDS THEREFROM. ALL ADDITIONS AND ATTACHMENTS WILL BE DOCUMENTED AND BECOME A PART OF THIS AGREEMENT. 5b. LESEE SHALL PROMPTLY DISCHARGE ANY MECHAN:a S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S) BY ANY AGENT, CONTRACTOR OR SUPPLIER OF THE LESSEE. 6. IN THE EVENT THAT THE USE, POSSESSION OR AOUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO TAXATION IN ANY FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE. 7. AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUALTY, PUBLIC LIABILITY AND PROPERTY DAMAGE INSUR- ANCE IN AMOUNTS AS IS LEGAL AND CONSISTENT WITH VEHICLE(S) APPLICATION AND PURPOSE. EVIDENCE OF SUFFICIENT COVERAGE IN THE FORM OF CERTIFICATES MUST BE DELIVERED TO LESSOR THROUGHOUT THE TERM OF THE LEASE. IN THE EVENT LESSEE'S INSURANCE COVERAGE WOULD BE INSUFFICIENT TO FULLY RESTORE THE VEHICLE(S) TO BEFORE DAMAGE STATUS, LESSEE IS FINANCIALLY RESPONSIBLE TO COMPLETE THOSE REPAIRS NOT COVERED BY LESSEE'S INSURANCE. 8. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(S) MAY NOT BE SOLD, ASSIGNED OR ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR. 9. TO THE EXTENT PERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE, LESSEE SHALL PROTECT, HOLD HARMLESS AND INDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESULTING.FROM LESSOR'S INTENTIONAL OR NEGLIGENT ACTS OR OMiSSIONS. AND EXPENSES IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, COUNSEL AND EXPENSES PENALTIES AND INTEREST ARISING OUT OF OR AS THE RESULT OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE(S). THE ORDER ING, AOUISITION. USE, OPERATION, CONDITION, PURCHASE, DELIVERY. REJECTION, STORAGE OR RETURN OF ANY ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION, POSSESSION, STORAGE ORRETURN OF ANY ITEM OF THE VEHICLE(S) RESULTING IN DAMAGE TO PROPERTY OR INJURY TO OR DEATH TO ANY PERSON. THE INDEMNIF!CAT'Siv .;RISING UNDER THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. IF BY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS AGREEMENT ON ITS PART HEREIN CONTAINED. OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE. LESSEE SHALL NOT BE DEEMED IN DEFAULT DURING THE CONTINUANCE Ci= SUCH INABILITY. THE TERM'FORCE MAJEURE' AS USED HERIN SHALL MEAN. WITHOUT LIMITATION, THE FOLLOWING: ACTS OF GOD. STRIKES. LOCKOUTS OR OTHER INDUSTRIAL DISTURBANCES: ACT OF PUBLIC ENEMIES, ORDERS OR RESTRAINTS OF ANY KIND OF THE GOVERN- MENT OF THE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS. AGENCIESOR OFFICIALS. OR ANY CIVIL OR !AILITARY AUTHORITY; INSURRECTIONS; RIOTS; LANDSLIDES: EARTHOUAKES;FIRES; STORMS; DROUGHTS; FLOODS; OR EXPLOSIONS. 11. IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION. SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER PROVISION HEREOF. 12. ALL ATTACHMENTS /EXHIBITS. ONCE ACCEPTED AND APPROVED BY BOTH PARTIES. BECOMES PART OF THIS AGREEMENT. LESSEE: Gt-t r-'A9 Yar .S t Yagj,A i TeX$S LESSOR: CAPPS RENT A CAR INC. BY: BY: '� .•c �a.e r� � .Qne, TITLE: C j;.t3c Manager•' TITLE: SPECIAL FLEET COORDNATIOR DATE: August _14 1.995. DATE: 93LEAAGRMNT 3E [apps MAY 23, 1995 GARY: CARS ARE LIMITED AND WILL REMAIN SO !UNTIL 1996 MODELS ARE AVAILABLE. THE FOLLOWING ARE SOLD OUT FOR THE REMAINDER OF 1995: ' DODGE INTREPID MERCURY COUGAR CHEV. WT TRUCK CHEV. BLAZER THE PONTIAC GRAND AM IS VERY LIMITED AT THIS TIME. SHOULD YOU HAVE QUESTIONS, PLEASE CALL. THA KS, AM RIU-12c Timis 8555 JOHN CARPENTER FREEWAY, DALLAS, TEXAS 75247 (214) 630 -6555 EXHIBIT 8 36 .apps 1995/1996 MODEL PRICELIST TYPE PONTIAC GRANDAM 4DR 'FIREBIRD /CAMARO 3.8 V6 MUSTANG 3.8 V6 CHEVROLET MONTE CARLO 3.1 V6 MERCURY COUGAR XR7 -V8 'DODGE INTREPID 4DR 'CHEV. FULL SIZE "WT" LONG WIDE BED SILVERADO REGULAR CAB FLEETSIDE V8 SILVERADO EXT CAB SPORTSIDE 5.7 V8 SILVERADO EXT CAB FLEETSIDE 5.7 V8 SILVERADO EXT CAB Z71 4X4 5.7 V8 FORD F150 LARIAT EXT CAB V8 FLEETSIDE MONTHLY RATE FREE MILES PER MO. 560.00 2,000 575.00 2,000 575.00 2,000 575.00 2,000 610.00 2,000 695.00 2,000 485.00 2,500 510.00 2,500 550.00 2,500 550.00 2,500 585.00 2,500 550.00 2,500 ' SILVERADO " INTERDICTION" EDITION 595.00 2,500 "PREDATOR" CUSTOM SILVERADO EXT CAB 595.00 2,500 MATCHING "LEER" FIBERGLASS TOPPER AVAILABLE ON ANY SWB CHEV. /GMC TRUCK FOR AN ADDITIONAL $40.00 PER MONTH PER UNIT SPECIAL SURVEILLANCE TRUCK CALL FOR DETAILS FORD EXPLORER XLT 2WD 595.00 2,500 CHEVROLET BLAZER 2WD 595.00 2,500 FORD CARGO VAN(:NHITE ONLY) 595.00 2,000 'DENOTES SPECIAL ORDER ONLY '�� • L•�.D:s�� ALL VEHICLES ARE NEW AND AR: C(:R.°7EVT YEAR MODEL JUL 19 1995 MIATNAGER THESE PRICES DO NOT INCLUDE INSURANCE COVEWWj"AS ADDITIONAL MILEAGE IS .20 PER MILE. ALL UNITS TO REMAIN IN SERVICE FOR A MINIMUM OF 6 MONTHS AND A MAXIMUM OF 18,000 MILES. ALL TYPES OF UNITS OFFERED ARE SUBJECT TO AVAILABLILITY. 8555 JOHN CARPENTER FREEWAY, DALLAS, TEXAS 75247 (800) 524 -3677 PRICELISTLEA8I0" REV 5.94 36 OPTIONS... DELIVERY CHARGES: NONE, IF VEHICLES ARE PICKED UP AT OUR DALLAS LOCATION. DEEP TINTED WINDOWS: ALL VEHICLES ARE EQUIPPED WITH FAC, �QFtY..� TED WINDOWS. DEEP TINTED WINDOWS ARE AVAILABLE, WITH 3MIt I7�,,.r: ,T.1 , FRONT DRIVER AND PASSENGER SIDE WINDOWS AT 35% TINT, "AL`L UTHER WIN- DOWS AT 5% TINT AS FOLLOWS: JUL 19 1335 C PARIS, TFYLAS PASSENGER CARS $ 109.00 OR $ 18.00 PER MONTH EXT CAB PU FREE! REG CAB SILVERADO FREEI SPORT UTILITY 2 FRONT 69.00 OR 11.50 PER MONTH SPORT UTILITY 2 FRONT & BACK 79.00 OR 13.00 PER MONTH OUR PRICES INCLUDE TINT FILM ,REMOVAL FEE. DEEP WINDOW TINT REMOVAL: ALL UNITS, EXCEPT PICK -UPS, AND SPORT UTILITIY THAT ARE RETURNED WITH DEEP TINT, NOT INSTALLED BY CAPPS WILL BE CHARGED A $25.00 WINDOW TINT REMOVAL FEE. ' REMOTE ALARM SYSTEMS: WE WILL PROVIDE AN ALARM SYSTEM WITH TWO (2) REMOTE TRANSMITTERS WITH 100' RANGE, 118 db FLAT TONE ELECTRONIC SI- REN, FLASHING LED STATUS INDICATOR, DOOR ENTRY SWITCHES AND MOTION SENSOR FOR $129.00 PER VEHICLE, OR $22.00 PER MONTH. ENGINE KILL: WE WILL INSTALL A CONCEALED SWITCH ENGINE KILL FOR A ONE TIME CHARGE OF $50.00 PER VEHICLE. PICK UP TOOL BOX: RAWLSON /KOENIG HEAVY DUTY STEEL DOUBLE LOCK TOOL BOXES (WHITE ONLY) ARE AVAILABLE. DIMENSIONS, 45" WIDE, 20" DEEP AND 17" HIGH. $20.00 PER MONTH. PICK UP BED MAT AND TAILGATE GUARD: ALL TRUCKS ARE PROVIDED WITH A BED MAT AND TAILGATE PROTECTOR AT NO CHARGE. THINK TRUCK! TASKOPTKNIS REV 5.94 Resolution No. 95 -083, approving the Lease Agreement with Outdoor Displays, Inc. for lease property located on Lot 6, City Block 216 for the purpose of constructing, erecting, building and maintaining and advertising structure, and authorizing and directing the Mayor of the City of Paris, Eric S Clifford, to execute on behalf of the City of Paris, the Lease Agreement, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 363 I- .. -. , RESOLUTION NO. 95 -083 WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of May, 1995, pass Resolution No. 95 -049 with Exhibits A and B attached thereto, which said Resolution and Exhibits were incorrect due to inaccurate information being given to the City of Paris, and said Resolution and Exhibits require correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95 -049 and Exhibits A and B thereto, be, and the same are hereby, amended to read as follows: "WHEREAS, the City Council of the City of Paris has received a request from Outdoor Displays, Inc. to lease property located on Lot 6, City Block 276, for the purpose of constructing, erecting, building and maintaining an advertising structure; and, WHEREAS, Outdoor Displays, Inc. has also requested a Utility Easement from the City of Paris on said lot for the purpose of securing access to the advertising structure for lighting and maintenance purposes; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, and the form of the Utility Easement, attached hereto as Exhibit B, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement, attached hereto as Exhibit A, and the form of the Utility Easement, attached hereto as Exhibit B, be, and the same are hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and lie is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with Outdoor Displays, Inc. for property located on Lot 6, City Block 276, upon the terns and conditions and in the form attached hereto as Exhibit A; and, BE IT FURTIIER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Utility Easement to Outdoor Displays, Inc., in the form attached hereto as Exhibit B." PASSED AND ADOPTED this 14th day of August, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROV AS O FORM: T. K. Haynes, Cjtf Attorney 364 LEASE AGREEMENT STATE OF TEXAS ) COUNTY OF LAMAR ) LEASE AGREEMENT between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as LESSOR, and OUTDOOR DISPLAYS, INC., acting by and through its President, Henry Walls, duly authorized, hereinafter referred to as LESSEE, WITNESSETH For and in consideration of the payment of the sum of SEVEN HUNDRED FIFTY AND N01100 DOLLARS ($750.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $600.00 rent for July 1, 1993, through June 30, 1995, payable on or before July 1, 1995, and $150.00 rent for July 1, 1995, through December 31, 1995, on or before July 1, 1995; said CITY OF PARIS does hereby lease, rent and let unto OUTDOOR DISPLAYS, INC. the east side of that certain property located on Lot 6, City Block 276. . 1. TERM The term of this lease is for six (6) months, beginning on the 1st day of July, 1995, and ending on the 31st day of December, 1995, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for the purposes of constructing, erecting, building and maintaining a 12' x 24' stack advertising structure and supports thereon, together with the right to bill -post and service advertisements upon said structure, and for no other purpose, 2. OPTION It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of six (6) months, the rental for the renewal to be based on the fair market value at the time of renewal, being January 1, 1996. 3. RENT 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 and delay. EXHIBIT A Direct outdoor Adverthintt - Lea +e - Pate i 3605 4. RENT FOR PREVIOUS YEARS That LESSEE shall pay to LESSOR, as rent for July 1, 1993, through June 30, 1995, the amount of SIX AND N01100 DOLLARS ($600.00), which said amount shall be due and payable on or before July 1, 1995. S. OWNERSHIP OF STRUCTURES Any and all advertising structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove the same within a reasonable time upon termination of this Lease or any renewal hereof. 6. RIGHT OF INGRESS AND EGRESS LESSEE and its authorized agent or agents are hereby granted the right of ingress and egress to and from the leased premises over property owned or controlled by LESSOR for the purpose reasonably necessary for the erection, maintenance, changing, or removal of said advertising structure. 7. OTHER ADVERTISING STRUCTURES PROHIBITED LESSOR agrees not to use or ,permit any use to be made of the herein leased premises, or any other property owned or controlled by said LESSOR that is located within five hundred (500) feet of LESSEE's advertising structures or displays, for any other advertising structures. 8. HOLD HARMLESS That 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 leased premises resulting from LESSEE's, his invitees', agents', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries. Lease Agreement ... Page 2 366 9, WASTE, NUISANCE AND UNLAWFUL USE PROHIBITED That LESSEE shall not commit,, r.4uffp. 'be committed, any waste on the leased premises, nor shall LESSEE maintain, commit or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. That LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy and use of the leased premises which is or may hereafter be enacted or promulgated by any public authority; or suffer to be committed any waste on the leased premises; or allow the premises to be used for any improper, immoral or unlawful purpose. 10. PROPERTY CONDITION That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear atone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up the premises to LESSOR. LESSEE shall not install, erect or provide any device, in addition to such devises 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. 11. INSPECTION That it shall be lawful for LESSOR 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 ASSIGNMENT OF LEASE That LESSEE has the right to assign this lease, only after first having received written permission from the City Manager of the City. of Paris, with such assignee having all rights, privileges and obligations contained in this lease. 13. DEI +AULT Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations or provisions herein contained, then the LESSOR shall have the right to terminate Leine Axreemenl ... Page 3 f' 1 4t: said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said lease. If LESSEE shall at any time abandon such leased property and premises, or shall by any means evidence its desire or intention to cease to maintain thereon an advertising structure, the LESSOR may, at its option, cancel this lease by delivery of written notice of cancellation, signed by the City Manager of the City of Paris, without liability to LESSEE, its heirs or assigns. 14. TERMINATION That either party may, at its option, terminate this lease by giving the other party thirty (30) days notice, in writing, of its intention. In the event that this Lease Agreement is terminated, LESSOR shall refund to LESSEE, within thirty (30) days, any unearned rental paid in advance to LESSOR. In the event that the LESSEE's signs located upon said premises become partially or entirely obscured or destroyed without fault of the LESSOR, or if LESSEE be prevented by law or ordinance or other official regulation from erecting or maintaining its signs, the LESSEE may, at its option, terminate this Lease. forthwith, and LESSOR shall refund to LESSEE, upon request, any unearned rentai paid in advance to LESSOR. The terms of, this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE and the successors and assigns of LESSOR. EXECUTED ON the dates shown in acknowledgements below. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney By: By: CITY OF PARIS, PARIS, TEXAS, LESSOR: E.,;-- S. Clifford, Mayor OUTDOOR DISPLAYS, INC, LESSEE: Henry Walls, President Lease ARreement ... Page 4 STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, 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 the day of August, 1995. Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF } BEFORE ME, the undersigned authority, on this day personally appeared HENRY WALLS, President of Outdoor Displays, 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 t1he capacity therein stated. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, Notary Public, State of Texas Lease Agmemeat ... Psge 5 368. 36� STATE OF TEXAS } COUNTY OF LAMAR } UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, of Lamar County, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, does hereby give, grant, convey, deliver and confirm unto OUTDOOR DISPLAYS, INC, of Paris, Lamar County, Texas, whose mailing address is 3605 N.E. Loop 286, Suite 400, Paris, Texas 75460, a utility easement for the purpose of allowing Outdoor Displays, Inc. to secure lighting for its outdoor advertising structure on property described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, and being pfart of that certain tract of land conveyed the City of Paris, Paris, Texas, by deed recorded in Volume 238, Page 621, Deed Records of Lamar County, Texas, and being Lot 6, City Block 276, and being more particularly described as follows: BEGINNING at the Northwest corner of said tract conveyed the City of Paris, same being in the South Boundary Line of Loop Highway 286; THENCE South 57 Deg. 09' East with the South Boundary Line of said Loop, a distance of 540 feet, the northeast corner of said tract; THENCE South 2 Deg. 26' 15" East with the East Boundary Line of said tract a distance of 18.38 feet; THENCE North 57 Deg. 09' West a distance of 539.89 feet to a point in the West Boundary Line of said tract; THENCE North 3 Deg. 19' 30" West with said tract's West Boundary Line a distance of 18.44 feet to the place of beginning and containing 0.186 acre of land, more or less. SAVE AND EXCEPT, the easement herein granted is conditioned upon the City of Paris having the right to terminate all or part of this easement in the event the City of Paris declares the need to use the property included in this easement, or any portion thereof, for municipal use. This easement runs concurrently with the Lease Agreement on this tract of land and if, for any reason, said lease terminates, this utility easement ters,nn tes at the same time. In the event of termination, the Grantee has the obligation to vacate and abandon the easement by moving all utilities or other property located thereon. In the event of any of the above contingencies, the City of Paris shall give the Grantee thirty (30) days notice in writing of its intention to so utilize the tract, or any portion thereof. TO HAVE AND TO HOLD the above described property unto Outdoor Displays, Inc. for the purposes aforesaid, with the right and privilege at any and all times to enter said RETURN TO: City Attorney P. 0. Box 9037 EXHIBIT B Paris, TX 75461 3 '7 0. premises, or any part thereof, and maintaining any and all utilities facilities placed therein; provided that Grantee will, after doing 0 `n connection with the construction, reconstruction, relocating or maintenance of said utilities facilities, restore the surface to the condition to which said surface was found when such work was undertaken, and that in the use of said rights and privileges herein granted, Outdoor Displays, Inc. will not create a nuisance or do any act that will be detrimental to. said premises. Grantor does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, said premises unto Outdoor Displays, Inc. against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hands this 14th day of August, 1995. CITY OF PARIS, PARIS, TEXAS, GRANTOR By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor 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. 1995. GIVEN UNDER MY HAND, AND SEAL OF OFFICE, this day of August, Notary Public, State of Texas Resolution No. 95 -084, Amending Exhibit A to Resolution No. 95 -051 contract with the State of Texas, State Transportation Improvement Program, Minute Order No. 104227, 19th N. W. Runoff Mitigation, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 3 71_ RESOLUTION NO. 95-084 WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 1995, pass Resolution No. 95 -051 with Exhibit A attached thereto; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of July, 1995, pass Resolution No. 95 -072, which corrected paragraph 14.A. of Exhibit A to Resolution No. 95 -051; and, WHEREAS, due to the fact that the State of Texas contract form was incorrect and the State desires that it be corrected, Exhibit A to Resolution No. 95 -051 requires further correction, and Exhibit C to Exhibit A of Resolution No. 95 -051 requires replacement in form of Exhibit A, attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the final "WHEREAS" paragraph on page 2, and paragraphs 7 and the first sentence of paragraph 8, both of which are on page 5, of Exhibit A to Resolution No. 95 -051, be and same are hereby, corrected to read as follows: " WHEREAS, on the 30th day of November, 1994, the Commission passed Minute Order 104682, attached hereto as "Exhibit C," authorizing the Project through the State Transportation Improvement Program; " "7. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS "Court costs of Special Commissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the C;.-y. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed eighty percent (80 %) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. "8. REIMBURSEMENT "Reimbursement will be made to the City for right -of -way purchased in an amount not to exceed eighty percent (80 %) of the cost of right -of -way purchased in accordance with the terms and provisions of this agreement...." BE IT FURTHER RESOLVED, that Exhibit C to Exhibit A of Resolution No. 95 -051 be, and the same is hereby, replaced in the form of Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of August, 1 Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED A TO FORM: T. K. Haynes, City Altorney EXHIBIT licit EXHIf,11 A 373 TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page t of 3 Pages 1 District VARIOUS WHEREAS, Title 23, United States Code, Section 133(d)(2), and Section 160(e)(2), and Section 1015(d)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (1STEA) require that ten percent of certain funds apportioned to a state pursuant to Title 23, United States Code, Section 104(b)(3) be used for transportation enhancement activities; and — WHEREAS, the Texas Transportation Commission (the commission) by Minute Order 104227, dated August 25, 1994, established Category 413, Texas Statewide Transportation Enhancement Program, of the Project Development Plan to be developed, monitored, and approved by the commission; and WHEREAS, pursuant to Title 43, Texas Administrative Code (TAC), Section 11.2v'3, a 90 day call for nominations of candidate projects was published in the Texas Register May 17, 1994; and WHEREAS, nominations were received by the Texas Department of Transportation (the department) and were evaluated for eligibility and technical standards pursuant to Title 43, Texas Administrative Code, Section 11.200 - 11.205; and WHEREAS, pursuant to Title 43, Texas Au:ninistrative Code, Section 11.204, department staff recommends to the commission a program of candidate projects shown in Exhibit A, each project being recommended for selection based on: (A) the list of all eligible candidate projects and scores provided by the Transportation Enhancement Project Evaluation Committee (TEPEC), together with any comments or recommendations included in TEPEC's resolution; (R) other issues relevant to consideration of any candidate project for funding, including: (i) policy matters; (ii) consistency of the candidate project with the statewide long -range transportation plans; (iii) the candidate project's benefit -cost ratio, calculated by dividing the project score by the project's estimated cost ; (iv) the priority ranking assigned the candidate project by the nominating entity; (v) evidence of public support for the candidate project; (vi) evidence of the commitment of project sponsors to provide more than the minimum required non - federal share of allowable project costs and their ability to do so; VARIOUS County District VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 2 of 3 Pages (vii) an evaluation of proposed projects indicating the extent to which each project will meet accepted standards as established by applicable law and by accepted professional practice; and (viii) the views, comments, and certifications, if any, of a Metropolitan Planning Organization or a governing body of a city or county; (C) the potential benefit to the state of the candidate project; and. . (D) the impact of the candidate project on (lie economies of each county and /or municipalities in which the project is to be located. 37, NOW, THEREFORE, IT IS ORDERED that, based upon the rationale for selection of each project as shown in Exhibit B, the Executive Director is hereby authorized to proceed in the most feasible and economical manner with any necessary agreements required for the development and construction of the projects shown in Exhibit A, with programming in Category 4B of the 1994 Project Development Plan at the estimated amounts shown on Exhibit A; and IT IS, HOWEVER, UNDERSTOOD THAT 1. Only the items and their associated cost determined eligible for the Transportation Enhancement Program funds as identified by the Intermodal Surface Transportation Efficiency Act of 1991 and Title 43, Texas Administrative Code, Sections 11.200 - 12.205, and verified by project development will be eligible for the Transportation Enhancement Program. 2. Prior to authorizing any funds or the performance of any work for projects selected that all appropriate local agreements identifying responsibilities and escrow amounts must be executed between the department and the appropriate local entity. 3. The department will administer the development, contracting, construction, and management of projects approved by this action in accordance with applicable contracting statutes and Title 43, Texas Administrative Code, Section 11.205. Approved projects will be developed to encourage public input and involvement consistent with the department's established public involvement procedure. 4. All administration, development, engineering and contingencies, design, and construction costs incurred by the department will be charged to each respective project. 3 '7 J VARIOUS County District VARIOUS Submitted by: TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 3 of 3 Pages 5. For each project shown in Exhibit A and verified as eligible by project development that the federal funds in Exhibit A must be matched by a minimum of 20% by local dollars. Any expense incurred over and abov the federal funds shown in Exhibit A for administration, development, engineering and contingencies, design, and construction must be paid by the project sponsor. 6. Prior to authorizing any funds or the performance of-any work for the projects selected by the commission the project must be added to the Transportation improvement Plan by the respective Metropolitan Planning Office and added to the State Transportation Improvement Plan by the department. 7. If the project sponsor or nominator withdraws support for an approved project the federal funds committed by the commission for that project will revert back to subsequent enhancement program calls. 8. Acquisition by the department of any land or interest in land, or of property or property rights of any kind or character required for development of a project shall be subject to the authority and limitations of Artic,es 6674w -3 and 4477 -9a, V.T.C.S. consistent with the department's prescribed acquisition policies and procedures. Director, Environmental Affairs Division Recommended by: Executive Director Reviewed by: Deputy Executive Director for Transportation Planning and Development Minute Number 104682 Date Passed NOV 30 94 37( A STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Second Call ENV Control Number CSI PROJECT NAME Federal Funds Authorized .......... ....... ...... ... ... .. 0 '.W • continued from Lubbock District: district subtotal $62,920 LUFIM DL*--MCT rLP-AG.0371 0911-38-911 Azalea Trail/Lufldn $333,410 LF.NA.0376 0911-08-904 Halfway Inn. Rector. $43,680 I-P.SB.0370 0911-29-201 Sabine County Courthouse $444,400 I-F.SY.0373 0911-39-902 Shelby County Courthouse $1,115,596 district subtotal $1,937,076 ODESSA DISTRICT OD.MD.0561 0906-32-900 Midland Wadley-Dam' a $280,000 OD.MT.0562 0906-19-900 Martin County Convent $88,880 district subtotal $366,880 PARIS DISTRICT PA.FK.0365 0901-21-900 Old Depot Transp. Complex $142,956 PA.I.R.0359 0901-29-905 19th NW Runoff Mitigation $171,200 PA.RA.0369 0901 - 30-900 Rains County Courthouse $264,880 PA.RR.0360 0901-27-902 Red River County Courthouse $157,212 district subtotal $736,248 PEL&RR DIS`TRICT PH.CF.0692 0921-06-960 Port Isabel Lighthouse $487,692 PH.HG.0672 0921-02-969 Hidalgo Pumphouse .$720,000 PH.HG.0675 0921-62-977 Bentsen State Park Trailway $758,700 PH.HG.0677 0921-02-964 Edinburg Trails $266,400 PH.SR.0673 0921-06-970 Roma Bridge $1,210,669 disrr.*ot:t subtotal $3,443,461 SAN ANGELO DISTRICT SN.SL.0661 0907-26-900 Founder's Square $23,364 EXHIBIT A. Page 4 November 30, 1994 Resolution No. 95-085, correcting the first paragraph of Exhibit A. to Resolution No. 95-079, 'sales agreement with Monte Moore for conduct of a public auction sale of City surplus property, was presented. A motion was made by Councilman Boyd, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 3 "7 "7 RESOLUTION NO. 95-085 WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of July, 1995, pass Resolution No. 95 -079 with Exhibit A it.aclied thereto, and the first paragraph of said Exhibit A was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the first paragraph of Exhibit A to Resolution No. 95 -079, be, and the same is hereby, corrected to read as follows: "This sales agreement is entered into by MONTE MOORE, hereinafter referred to as Seller, of Paris, Texas, and CITY OF PARIS, hereinafter referred to as Owner, under the following terms and conditions: Seller agrees to conduct a public auction sale or to otherwise sell the following described property belonging to Owner, trustees; creditors, or secured parties. The auction sale to be conducted at the Fair Ground Coliseum Building, Paris, Texas, beginning on the 16th day of September, 1995." PASSED AND ADOPTED this 14th day of August, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, y Attorney Resolution No. 95 -086, approving Addendum Number One to Pasture Lease Agreement with Carey Eatherly for property located at Cox Field Airport, and authorizing and directing the Mayor of the City of Paris, Eric S. Clifford, to execute Addendum Number One to the Pasture Lease Agreement, was presented. A motion was made by Councilman Jenkins for approval of the resolution. The i::otion was seconded by Councilman Neeley, and carried 5 ayes, 0 nays. 378 RESOLUTION, NO., WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of May, 1992, in Resolution No. 92 -038, authorize the execution of a Pasture Lease Agreement with Carey Eatherly for the property located at Cox Field Airport; and, WHEREAS, the terms of the Iease agreement are in need of revision, and an Addendum Number One to Pasture Lease Agreement dated May 11, 1992, in ,the form attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Addendum Number One to Pasture Lease Agreement dated May 11, 1992, in the form attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor of the City of Paris, be, nd he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number One to Pasture Lease Agreement dated May 11, 1992, in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 14th day of August, 1995. Eric 9. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED S T O FORM: . K. Haynes, City Attorney 379 ADDENDUM NUMBER ONE TO PASTURE LEASE AGREEMENT DATED MAY 11, 1992, BETWEEN CAREY EATHERLY AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to Pasture Lease Agreement dated May 11, 1992, between Carey Eatherly and the City of Paris, Paris, Texas, is made this 14th day of August, 1995, by and between Carey Eatherly, hereinafter called LESSEE, and the City of Paris, Paris, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR. WITNESSETH It is hereby mutually agreed by and between LESSOR and LESSEE that paragraphs 21 and 22 be added to said Lease Agreement so that su: % shall read as follows: "21. In the event that LESSEE exercises the first option herein granted, which would end May 14, 2002, and in the event that LESSEE keeps each and every agreement contained herein and does and performs all the obligations required of LESSEE hereunder, and in the event that LESSEE sews one hundred twenty -five (125) acres of the leased property with common bermuda grass during the term of the first option herein granted, a second option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of five (5) years from and after the expiration of the first option herein granted in paragraph 20, above. Said option may be exercised by LESSEE giving notice, in writing, on or before the 1st day of January, 2002, of LESSEE's completion or intention to complete said planting of 125 acres of common Bermuda grass before the expiration of the first option herein granted. "22. In the event that LESSEE exercises the second option herein granted, which would end May 14, 2007, and in the event that LESSEE keeps each and every agreement contained her .-in and does and performs all the obligations required of LESSEE hereunder, and in the event that LESSEE sews an additional one hundred twenty -five (125) acres of the leased property with common bermuda grass during the term of the second option herein granted, a third option is hereby given and granted to LESSEE to renew and extend this EXHIBIT A lease for an additional period of five (5) years from and after the expiration of the second option herein granted'. irp raig a i, above. Said option may be exercised by LESSEE giving notice, in writing, on or before the 1st day of January, 2007, of LESSEE's completion or intention to complete said planting of 125 acres of common bermuda grass before the expiration of the second option herein granted. In the event that LESSEE exercises all option herein granted, this lease would terminate on May 14, 2012." EXECUTED on the 14th day of August, 1995. CITY OF PARIS, PARIS, TEXAS, LESSOR By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSEE Carey Eatherly STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority; on this day personally appeared ERIC S. CLIFFORD, Mayor 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. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of August, Notary Public, State of Texas 38( J O STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared CAREY FATHERLY, 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. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of August, Notary Public, State of Texas Resolution No. 95 -087, resolving that the request for permission to install a dry hydrant at the pond located at Cox Field Airport, for the purpose of providing water to extinguish fires is hereby approved conditioned upon said Reno Volunteer Fire Department and Lamar County meeting all of the terms and conditions included in the water usage agreement, was presented. A motion was made by Councilman Neeley, seconded by Councilman Boyd for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUT ION NO. 95-087 WHEREAS, the City Council has been made aware of the Reno Volunteer Fire Department's and Lamar County's request for permission to install a dry hydrant stand at the pond located at Cox Field Airport, Paris, Texas for the purpose of providing water to extinguish fires, and the City of Paris is agreeable to permit such installation of said hydrant; and, WHEREAS, in order to permit such installation it is necessary for the City of Paris and,1he Reno Volunteer Fire Department and Lamar County to enter into a water usage agreement; and; WHEREAS, the form of water usage agreement attached hereto as Exhibit A should, in all things, be approved, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the request for permission to install a dry hydrant at the pond located at Cox Field Airport, for the purpose of providing water to extinguish fires, is hereby approved conditioned upon said Reno Volunteer Fire Department and Lamar County meeting all of the terms and conditions included in the water usage agreement attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the water usage agreement with the Reno Volunteer Fire Department and Lamar County for said installation in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of August, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. Haynes, C' y Attorney 382'. TO: Lamar County Commissioners Court County FROM: ' CITY OF PAP,IS Propeny,Owner SUBJECT: Letter of authorization to develop and utilize water source on my property The Reno 'VFD & Lamar County Is hereby authorized to develop a refill site at_(See Attached Sketch for the purpose of providing water to extinguish fires In my community and for other uses with my permission. 1 further give theiteno VFD & Lamar County permission to erect a dry hydrant stand at this location. I understand that Lamar County will erect the stand and provide materials. The Lamar County will complete all excavation work so that the surrounding areas and the surface of the ground will be smooth, and present a pleasing appearance. The Reno VFD & Lamar County may use, test, the dry hydrant at any time they deem necessary for continuity of hydrant operations. The complete operation of the dry hydrant stand has been explained and all facets of the installation have been explained and I fully concur with all parts of the operation. (� f Y\,D h iy) Atwq, ` S �Q � � �t "t `�CN�(t�' CJ 0,4 �0 M1 4tbu. CITY )A ARIS , PARhS , TEXAS ' SIGNATURE OF LAND OWNER Michael E. Malone, City Manager I have advised the land owner of the purpose, type of stand, method of operation with the above facts explained. SIGNATURE OF COUNTY REPRESENTATIVE WATER USAGE AGREEMENT EXHIBIT 384 • C. r71�Y �f1' �t,� LY — OP2AR'io�,,, U.S. DEPARTMENT OF AGRICULTURE SCS- CPIN-228 LANO USER r Soil Conservation Service 8-83 1 v s 2 SSISTE� �- 7-t t D t-) � L- L � C V ' -- CONSERVATION PLANNING INFORMATION 'DATE /(� ACRES k� bQ r t91,k ��.t�JAIf ii �r (Jf 00 0 N'.) D A%kPoQT ErJr2sq.JGE Resolution No. 95 -088, amending Resolution No. 95 -077 correcting the address of a dilapidated structure, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 38a RESOLUTION NO. 95 -088 WHEREAS, the City Council of the City of Paris did heretofore on the 10th day of July, 1995, pass Resolution No. 95 -077, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95 -077, be, and the same is hereby amended to read as follows: " WHEREAS, it has been called to the attention of the City Council of the City of Paris, Paris, Texas, that the hereinafter named structures 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 condition of the structures complained of, and the properties involved and the owners are as follows: 1. 1503 10th Street N.E., Lot 10, Block C East Park Addition Owner: Minor, Lee A. 1513 10th Street N.E. Paris, TX 75460 2. 1218 11th Street N.W., Lot 5, City Block 101 -A Owner: Graves, E. L. Estate 1015 14th Street N.W. Paris, TX 75460 3. 368 12th Street N.E., Lot 6, City Block 70 -C Owner: Hanning, Jerry 1213 Pine Bluff Paris, TX 75460 4. 902 12th Street N.E., Lot 4, Block 7, Belmont Addition Owner: Gray, C. E. 825 East Oak Street Paris, TX 75460 5. 1044 14th Street N.E., Lot 5, Block 7, Harlan Heights Addition Owner: White, Virgie Young, Frankie P. O. Box 175 Blossom, TX 75416 6. 206 24th Street S.E., Lots 45, 47, 49 •&, S. 10' Lot 43, Block 2, Lamar Terrace Addition Owner: James, R. L. 4695 Lariat Lane Oakley, CA 94561 7. 1117 3rd Street S.E., Lot 34, City Block 160 Owner: Gibson, Calvin Alexander, Morris 516 4th Street N.W. Paris, TX 75460 38 8. 657 3rd Street S.E., Lot 19, City Block 142 Owner: PISD Trustee 3# �r 9. 789 4th Street N.W., Lot J, City Block 89 Owner: Mayes, Thomas J. c/o Rev. Connice Mayes 162 West Perry Hugo, OK 74743 10. 1441 6th Street N.E., Lot 12, Block 5, Williams Addition Owner: Wilson, Princes Estate 11. 604 6th Street N.E., Lot 3, City Block 63 Owner: Dixon, Eugene Estate Weiss, Edward Esq. 12. 1040 7th Street N.W., Lot 1, City Block 98 (Casa Bonita) Owner: LSM Venture Assoc. 2325 East 71st Street Chicago, IL 60649 13. 1147 East Cherry, Lot 11, City Block 70 Owner: Hamilton, James Robinson, Beatrice 1569 79th Avenue Oakland, CA 94621 14. 2255 West Cherry, N. 75' Lot 2, Block 13, Westside Addition Owner: Waggoner, Harold 2215 West Cherry Paris, TX 75460 15. 721 Fitzhugh, Lots 11, 14 & S. 40' Lot 10, Block 4, Fitzhugh Addition Owner: Ashley, Margaret V. 625 Wilburn Paris, TX 75460, 16. 1238 Graham, Lot 6, City Block 49 Owner: Love, Sharon P. O. Box 902 Paris, TX 7546' 17. 1269 Graham, Lot 8, City Block 48 Owner: Taylor, Viola 1269 Graham Paris, TX 75460 18. 719 East Houston, Lot 12, City Block 29 Owner: Parker, David R. 719 East Houston Paris, TX 75460 19. 1113 Jackson, Lot 8, Block 1, Campbell Addition Owner: Lewis, Lida Nelms, Millie 2933 South College Drive Fayetteville, AR 72701 2 3`8 7 20. 347 Jackson, Lot 27, City Block 160 Owner: Carter, Lois Sandoval, Jose 1029 7th Street N.W. Paris, TX 75460 21. 2514 Lamar, Lot 8, City Block 249 Owner: Bowerman, Louis Jr. Route 9, Box 396 Paris, TX 75460 22. 2650 North Main Street, Lot I-A, City Block 306 (Brangus) Owner: Mihir Enterprises 2650 North Main Street Paris, TX 75460 23. 1553 South Main Street, Lot 9, Block 14, Texas & Pacific Addition Owner: Jones, Lula Brown, Dorothy 5415 Madden Houston, TX 77048 24. 946 South Main Street, Lot 11, City Block 157 Owner: Gibson, Calvin 965 1st Street S.W. Paris, TX 75460 25. 2663 East Price Street, Lot 10, City Block 255-A Owner: Voight, Linda Ottinger, Mary 2735 3rd Street S.E. Paris, TX 75460 26. 551 West Provine, Lot 24, City Block 88 Owner: Hearn, McKinley Estate 3270 N.W. 172 Terrace Miami, FL 33055 27. 1444 West Sherman, Lot 10, City Block 218 Owner: Wright, Cecil and Bennie Route 2, Box 244 -1 Powderly, TX 75463 28. 649 West Sherman, Lot 1, City Block 134 Owner: Smith, James and Reda Route 2, Box 171 Powderly, TX 75463 29. 727 -739 Tudor, Lot 10, City Block 71 -A Owner: Harmon, Barbara Louise 5926 Hilcrest Road San Pablo, CA 94806 30. 701 East Tudor, Lot 7, City Block 71 -A Owner: Pratt, F.T. and Sam Ella 107 George Wright #A Paris, TX 75460 3 r i 31. 506 East Sherman, Lot 1, City Block 144 Owner: Duncan, Lavera 206 West Plum Paris, TX 75460 � + 32. 1018 16th Street N.E., Lot 11, 13 and 15, Block 4, Harlan Heights Addition Owner: Charles Fuller 1164 Tudor Paris, TX 75460 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Building Hazard Inspection Committee Composed of the City Engineer; the Chief, Paris Fire Department and the Chief Building Official, proceed to call a hearing to notify the owners, and, if any, occupants of the property, and to notify such owners whose residences are not known by publishing the same in the newspaper as required by law, and after such hearing to report their findings to the City Council in accordance with Article III of Chapter 7 of the Code of Ordinances of the City of Paris." PASSED AND ADOPTED this 14th day of August, 1995. Eric 9' Clifford, Mayor ATTEST: Mattie �Cunn�ingham�,City Clerk APPROVED AS TO FORM: T. K. Haynes, City ttorney Resolution No. 95 -089, authorizing and directing the City Manager, _ Michael E. Malone, to execute on behalf of the City of Paris the month to month, Lease Agreement with June Preston for the building located at 102 Clarksville Street, Paris, Texas, was presented, A motion was made by Councilman Jenkins, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 4 1E 89 RESOLUTION NO. 95-089 WHEREAS, the City of Paris Police Department is in need of space for temporary storage of stolen items; and, WHEREAS, space is available at 102 Clarksville Street on a month to month basis which would be satisfactory for storing such items; and, WHEREAS, it is deemed to be in the best interest of the-City of Paris that such lease be approved, and that the City Manager, Michael E. Malone, be authorized to execute the Lease Agreement attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the month to month, Lease Agreement with June Preston for the building located at 102 Clarksville Street, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 14th day of August, 1995. oe Eric S. Clifford, Mayor ATTEST: Mattie Cunningham,, City Clerk APPROVED S TO FORM: T. K. flay nes, y Attorney . . LEASE AGREEMENT STATE OF TEXAS } KNO'V4 °.` ME BY THESE PRESENTS: COUNTY OF LAMAR } THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter called CITY, and JUNE PRESTON, hereinafter called PRESTON, do hereby contract and agree as follows: I : PRESTON agrees to lease to CITY building located at 102 Clarksville to be used for storage purposes for the Paris Police Department. 2. CITY agrees to install an alarm in said building for the term of this agreement. 3. CITY agrees to pay to PRESTON $300.00 per month being due and payable on or before the 10th di, c —f In month for the term of this agreement. 4. The term of the agreement is on a month to month basis and CITY and PRESTON agree to give the other party 10 days written notice prior to the first day of the calendar month in order to terminate the lease agreement. EXECUTED this 14th day of August, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS } COUNTY OF LAMAR } CITY OF PARIS, LESSEE By: Michael E. Malone, City Manager LESSOR By: June Preston BEFORE ME, the undersigned authority, on this day personally appeared, June Preston known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, Notary Public, State of Texas Printed Name: Commission Expires: EXHIBIT A 39() 90 9 1 On the recommendation of City Attorney Hayes, a motion was made by Councilman Boyd to table Agenda Item No. 7I, authorizing execution of Addendum No. 1 to the Second Amended Landfill Contract between Barney Bray, III, dba B & B Equipment Company and the City of Paris, was presented. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. Resolution No. 95 -090, resolving by the City Council of the City of Paris and the Commissioners Court of the County of Lamar, that Dr. Charles Tarvin be, and he is hereby, appointed to serve the unexpired term of Dr. Glenn Dunnington, which ends December 31, 1996, as a member of the Paris -Lamar County Advisory Board of Health, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeley for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION. No. _95-090 JOINT RESOLUTION NO. WIIEREAS, there exists a vacancy on the membership of the Paris -Lamar County Advisory Board of Health due to the resignation of Dr. Glenn Dunnington, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, with the advice of the County Judge of Lamar County, Texas, dots hereby recommend the appointment of Dr. Charles Tarvin to serve the unexpired term of :Dr� Glenn Dunnington, which ends December 31, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND TILE COMMISSIONERS COURT OF THE COUNTY OF LAMAR, that Dr. Charles Tarvin be, and he is hereby, appointed to serve the unexpired term of Dr. Glenn Dunnington, which ends December 31, 1996, as a member of the Paris- ln-unar County Advisory Board of Health. PASSED AND ADOPTED this 14th day of August, 9.- Eric . Cli ford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 1994, as reflected in Book , Page of the Minutes of said Commissioners Court. Deane A. Loughmiller, County Judge Lamar County, Texas ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney 392 3D3 RESOLUTION NO. 95-091 WHEREAS, the City Council of the City of Paris did in Resolution No. 88 -006, on January 11, 1988, assure the Texas Department of Transportation that the City of Paris was firmly committed to the 1st Street N.W. Reconst:-uction Project under the 1983 -1986 Urban Project Number MH715 and to the procurement of right -of -way for the same; and, WHEREAS, the City Council of the City of Paris did in Resolution No. 90 -004, dated January 8, 1990, again assure the Texas Department of Transportation that the City of Paris was committed to said project, the funding for the procurement of right -of -way for the same, and the alignment of the project; and, WHEREAS, on June 30, 1994, the City of Paris was conveyed right -of -way, being part of Lots 6 and 7, City Block 251A, for said project; and, WHEREAS, there is a need for temporary access easements for ingress and egress from Lots 6 and 7, City Block 251A to North Main Street across said right -of -way until such time as the 1st Street N.W. connection to North Main Street is completed and the same should be approved in the form of Exhibits A and B, attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTATY OF PARIS, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Temporary Access Easements for ingress and egress from Lots 6 and 7, City Block 251A to North Main Street across the City of Paris Right -of -Way for the 1st "treet N.W. Reconstruction Project under the 1983- 1986 Urban Project Number MH715, until such time as the 1st Street N.W. connection to North Main Street is completed, in the form attached hereto as Exhibits A ar.�.i B. PASSED AND ADOPTED this 14th day of August, 1995. Eric. S. Clifford, Mayor ATTEST: C Mattie Cunningham, City Nrk APPROVED AS TO FORM: . K. Haynes, City 394 y, t TEMPORARY ACCESS EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to it in hand paid by RICHARD KLEMENT, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said RICHARD KLEMENT, of Lamar County, Texas, a temporary access easement to be used as ingress and egress from Lot 6, City Block 251A to North Main Street until such time as the 1st Street N.W. connection to North Main Street is completed at which time this easement will expire, described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey #786, and being part of a 0.470 acre tract of land conveyed to the City of Paris for Right -of -Way purposes by Right -of- -Way Deed, dated June 30, 1994, recorded in Volume 475, Page 78, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING in the West Boundary line of N. Main St., said point being North 1 Deg. 13 Min. 24 Sec. East a distance of 85.42 feet from a brass cap (f) at the Southeast corner of said 0.470 acre tract, said brass cap being the original Southeast corner of a 5.670 acre tract of land conveyed Ray Spencer by deed recorded in Vol. 646, Page 796, of the Deed Records of said County and State. THENCE South 89 Deg. 44 Min. 38 Sec. West a distance of 85.52 feet to a point for corner in the West Boundary Line of said 0.470 acre tract and the East Boundary Line of a 1.719 acre tract of land surveyed out of said 5.670 acre tract; THENCE in a Northerly direction around a curve (R= 600.05', C =N 32 Deg. 51 Min. 02 Sec. E 23.88') to the left a distance of 23.88 ft, to a point in the West boundary line of said 0.470 acre tract; THENCE North 89 Deg. 44 Min. 38 Sec. East a distance of 73.67 feet to a point in the West Boundary line of North Main Street; THENCE South 01 Deg. 13 Min. 24 Sec. West along the West Boundary Line of N. Main Street and the East Boundary Line of said 0.470 acre tract, a distance of 20.01 feet to the place of beginning and containing 0.036 acres of land. TO HAVE AND TO HOLD the above property unto RICHARD KLEMENT for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, and that in the use of said rights and privileges herein granted, RICHARD KLEMENT will not create a nuisance or do any act that will be detrimental to said premises. 39-0 Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, said premises unto RICHARD KLEMENT against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hand this 14th day of August, 1995. Eric S. Clifford, Mayor STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford. Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to ;ne that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 1995. Ner�. y ?u',)Iic, State of Texas Printed name: Commission Expires: 396. TEMPORARY ACCESS EASEMENT STATE OY TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to it in hand paid by RAY SPENCER, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said RAY SPENCER, of Lamar County, Texas, a temporary access easement to be used as ingress and egress from Lot 7, City Block 251A to North Main Street until such time as the 1st Street N.W. connection to North Main Street is completed at which time this easement will expire, described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey #786, and being part of a 0.470 acre tract of land conveyed to the City of Paris for Right -of -Way purposes by Right -of -Way Deed, dated June 30, 1994, recorded in Volume 475, Page 78, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the Northeast corner of said 0.470 acre tract, said point being the original Easterly Northeast corner of a 5.670 acre tract of land conveyed Ray Spencer by deed recorded in Vol. 646, Page 697, of the Deed Records of said County and State. THENCE North 88 Deg. 58 Min. 20 Sec. West along the Southerly North Boundary Line of said 5.670 acre tract a distance of 38.24 feet to an iron pin (f) for corner at the Northwest corner of said 0.470 acre tract; THENCE in a Southerly direction along the West Boundary Line of said 0.470 acre tract around a curve (R= 600.05', C =S 25 Deg. 24 Min. 03 Sec. W 21.96 ft.) to the right a distance of 21.96 feet to a point for corner in the West boundary line of said 0.470 acre tract; THENCE South 88 Deg. 58 Min. 20 Sec. East a distance of 47.23 feet; THENCE North 1 Deg. 13 Min. 24 Sec. East along the West Boundary Line of N. Main Street a distance of 20.00 feet to the place of beginning and containing 0.020 acres of land. �-- TO HAVE AND TO HOLD the above property unto RAY SPENCER for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, and that in the use of said rights and privileges herein granted, RAY SPENCER will not create a nuisance or do any act that will be detrimental to said premises. EXHISI J�ry I Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, said premises unto RAY SPENCER against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hand this 14th day of August, 1995. Eric S. Clifford, Mayor STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 1995. Notary Public, State of Texas Printed name: Commission Expires: 398 Resolution No. 95 -091, authorizing and directing the Mayor of the City of Paris, Eric S. Clifford, to execute on behalf of the City of Paris, the Temporary Access Easements for ingress and egress from Lots 6 and 7, City Block 251A to North Main Street across the City of Paris Right -of -Way for the 1st Street N. W. Reconstruction Project under the 1983 -1986 Urban Project Number MH715, until such time as the 1st Street N. W. connection to North Main Street is completed, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeley for approval of the resolution. The motion carried 5 ayes, 0 nays. 399 City Manager Malone called for consideration of and action on appointing an auditor to conduct the Independent Annual Audit as required by Section 35 of the Charter of the City of Paris for the fiscal year ending September 30, 1995, and that the Director of Finance, Gene Anderson, :sill make recommendations concerning the appointment. City Manager Malone advising the Council that there were two proposals received for performing this professional service, and Mr. Anderson after having considered cost, experience; continuing education, and peer review, it was his recommendation that McClanahan and Holmes be engaged to perform the City's audit for the period ending September 30, 1995. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to accept the recommendation of Mr. Anderson and appoint McClanahan & Holmes to conduct the Independent Annual Audit for the fiscal year ending September 30, 1995. Mark Malnory with the firm of Mark W. Malnory, Professional Corporation, appeared before the Counc*,l requesting that he be allowed to add a few points for consideration to the proposals. Mr. Malnory said that Mr. Anderson has very definitely pointed out some of the aspects of the proposals which he was glad that he did because it allows him to elaborate some points that may be important for the Council's consideration. One, he is exactly right that these are fee estimates, but he was very proud to say that he had been invol� led in fee estimates before and not one single time has he ever come back to the table requesting additional fees for cost overruns, or time overruns on a project. Two, on the experience considerations, I have had six years experience in public accounting, and his associate John has five years experience in public accounting, some of which has been involved on the City of Paris's audit, and in addition to his six years of experience, he has twenty years experience in the business world serving both in the public sector as and elected official just like you. He has been on that side of t!te fence. He has served on Eoard of Directors of Corporations that done over eight hundred million dollars a year in business. He worked in City Managers office, Planning Department,.so he has been public sector, and he has been in business for himself in the private sector, so he can bring to the table of the city a prospective that will allow him to relate and associate with those that he will be working with that augment and enhance his ability to do ad effective job, and thirdly, with regard to the number of hours that we estimate to do the job, he has conferred with Mr Bill Gibson, and he had worked with him in term of developing thier proposal. Mr. Gibson feltthat he is very capable and very qualified, and the number of hours that he had estimated can satisfactorily and provide a quality job. Mayor Clifford advised that we have a motion and a second on the floor, and called for the vote. The motion carried 5 ayes, 0 nays, and the appointment was given to McClanahan & Holmes. TO City Manager Malone called for the receipt of the 1995 -1996 Certified Appraisal Roll. A motion_Was made by Councilman Neeley, seconded by Councilman Jenkins to receive the Certified Appraisal Roll for 1995 -1996. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on grievance appeal of Mr. Danny Landers, and that this item.was tabled at the July 10, 1995, meeting, should the Council wish to consider this matter tonight, a motion to bring this item from the table is required. A motion was made by Councilman Neeley, seconded by Councilman Jenkins to bring the above item from the table. The motion carried 5 ayes, 0 nays. Mayor Clifford advised Mr. Landers that they had terminated or closed the public hearing on his matter, but it was his understanding that he had asked to address the Council again. Mr. Landers indicated to Mayor' Clifford that he did not wish to address the Council. Mayor Clifford further advised that everyone had been provided with Mr. Landers additional material, and wanted to give him every opportunity if he did want to speak. A motion was made by Councilman Boyd, seconded by Councilman Fulbright confirming the City Manager's decision of not to overturn the decision of termination of Danny Landers. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on projects to be funded by the Certificates of Obligation, Series 1993, and advised that the City has received a getter from the Texas Department of Transportation regarding the 24th Street S. E. Project which is a project of long standing. City Manager Malone explained that Paris Independent School District built a Nigh School out on Jefferson Road in an areas that was undeveloped without water, and without good transportation network serving it at the time. Over the year quite a bit of funds have been expended in order to improve the infrastructure in that area to accommodate the needs of the school system. City Manager advised the Council that the State of Texas is providing some funding to do paving on that portion of 24th Street S. E. along the area between the railroad track and Jefferson Road in order to widen and improve it. The preliminary estimates prepared by the State indicated that our portion of the funding would be approximately $155,000.00, and we had, prepared for that, and had obligated $200,000.00 in the event there was an overrun along with furnishing the State our check in the amount of $155,000.00, now it becomes necessary due to the bid being in we furnish them an additional check of $132,709.04 because the project has Arun higher than what they had estimated. City Manager Malone said the State is prepared to complete this project this year, and the City of Paris needs to appropriate the difference between $132,709.04 and $45,000.00 that is already remaining which would be $87,709.04. This would be funds taken from the Him Certificate of Obligation 1993, and should be sufficient for that project to be completed, and as you know, that is an extensive drainage improvement associated with this contract which makes it more difficult. City Manager Malone said it was his recommendation that we obligate $87,709.04 in addition to what we have already obligated. After discussion a motion was made by Councilman Neeley, seconded by Councilman Boyd authorizing $87,709.04 expenditure out of the Certificate of Obligation Series 1993 for the S. E. 24th Street project. The motion carried 5 ayes, 0 nays. City Manager Malone said that there has been a number of request and inquiries made over the years about dust control on those street in Paris that are sand or gravel, and as you know, there are a number of streets in Paris that developed during the time when there were no standards declaring that paved streets be installed. Those persons that have paved has either paid for in the cost of their lots, or assessment or something of that nature, there has been some federal grants from time to time that has enabled us to bring dirt and gravel streets up to an asphaltic type street. The City has been active for many years in trying to abate dust through application of materials on these dirt and gravel streets, and it is really a type of surface coating, and hasn't lasted for any length of time. City Manager Malone pointed out that the Council has seen several petitions come before them requesting relief for the dust, and in discussing this matter, we have talked in very large numbers z:,z '.here is 18 miles of dirt and gravel streets within the city, and many of those are not inhabited by very many residents. City Manager Malone presented a proposal based on the input he has had from citizens and Councilmembers to fund from our Certificate of Obligation, Series 1993 a program that we would to put in place this summer if the weather holds, we would like to accomplish some improved dust control on a number of city streets, and it would be called the Improved Dust Control Program, and it would not be paving streets. It would not be considered a finished or improved type street; however, we have done some experimenting with the method, and there are other methods available which we might experiment with them, but we would like to obligate $100,000.00 of the monies of the Certificate of Obligation, Series 1993 for this project according to the priorities established by the Director of Public Works, B. A. Huddleston. City Manager Malone said this is based primarily on streets that are unimproved that have extremely good drainage. After discussion, a motion was made by Councilman Neeley, seconded by Councilman Boyd authorizing funding of the Improved Dust Control Program in the amount of $100,000.00 to be funded from the Certificate of Obligation, Series 1993. The Motion carried 5 ayes, 0 nays. City Manager reported that the City has had extensive water line breaks along the area of E. Jackson in the 300 to 600 Block, which has caused quite a problem so we utilized a portion of our funds from the Revenue Bonds for water and wastewater, and have been replacing that section of line in this area. 4021 City Manager Malone also reported the Water Treatment Plant construction is approximately 50% complete. City Manager Malone advised that hopefully with the weather permitting and sometime later in the week the contractor will be moving in with the milling machine to began milling down those portion of streets that are high in preparation for our Hotmix Overlay' Project. City Manager said this is a project where we are going to do more than $200,000.00 worth of Hotmix Overlay on the streets. There being no further business, A motion was made by Councilman Neeley, seconded by Councilman Fulbright t journ. ERIC S. CLIFFORD, MAYO ATTEST: MATT E CUNNI GRAM, CITY CLE 403 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 29, 1995 The City Council of the City of Paris met in special session, Tuesday, August 29, 1995, 6:00 P. M. City Council Chambers, City Hal",, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michaal E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the purpose of the special meeting was presentation of his proposed 1995 -1996 Budget for the City of Paris. City Manager Malone said in accordance with Article V of the Charter of the City of Paris, and all other applicable statutes and ordinances, I submit this proposed program of municipal service to be made available to the citizens of Paris for the 1995 -1996 fiscal year. The sources of income and the plan of expenditures for all services offered by the Paris municipal government for the year beginning October 1, 1995, and concluding September 30, 1996, are offered within this document. Opportunities are presented throughout the budgeting process for citizens, including staff and Councilpersons, to present levels of service and methe:is of financing services for the coming fiscal year. Departmental requests have been submitted, discussed, and reviewed, taking into account financial resources available and the various concerns expressed by citizens and members of the City Council. The document presented herein represents an attempt to fairly allocate the limited resources available to provide the necessary and desirable public services. Every year we are faced with the cltallenge of complying with complex federal and state mandates that have a profound effect upon the expenditures of our local government. Requirements imposed on local government by state and federal legislation or the promulgation of rules by state and federal agencies translate into higher taxes and utility rates for the citizens served by local government. The City Staff is keenly aware that methods of generating revenues to meet these ever - expanding requirements are very limited. To provide the services that our citizens have come to expect, to continue efforts to maintain th:, public investment in community facilities, and to strive toward the objective of maintaining the quality of life in our area to attract economic development in our community, it is necessary to fund this budget totaling $24,709,287.00, of which $278,091.00 is budgeted for contingencies. This total budget amount represents a 3.14% increase, or $752,686.00, above the 1994 -1995 budgeted amount of $23,956,601.00. Also included in c,Iir budget summaries, but not part of the City's operating budget is the Paris Economic Development Corporation budget of $1,462,000.00. Each year, in reviewing the departmental requests and the suggestions offered by members of the City Council, my staff and I carefully 404 t E scrutinize each line item expenditure. Incremental increases or decreases are budgeted as recent experience demonstrates as appropriate and the figures presented herein are our conservative estimate of expected revenues and a reasonable estimate of expenditures to be anticipated. These line item expenditures represent amounts that we attempt not to exceed. Our City Charter recognizes the need for a contingency account of up to three percent of the General Fund. In this budget, I am allocating approximately two percent of the General Fund to be reserved for contingencies. It is my belief that our citizens expect continuing efforts to maintain the public investment in our community facilities and that our citizens share the goal of maintaining the quality of life in our community in order to attract economic development. The approval by the voters of additional sales tax to promote economic development confirms my belief. It is evident that citizens expect reasonable maintenance of the public infrastructure. As it is important to maintain investment in our facilities, it is equally important to maintain efforts to attract and retain quality employees to provide the desired city services. As a service - oriented organization, we must, be fair to our employees to every extent possible and we must make effortt: to 'encourage their best effort. Proposed within this document is a three percent cost -of - living increase for all employees of the City of Paris. As demonstrated in previous budgets presented, I will continue to seek methods of improving efficiency and to reallocate resources as public needs dictate. As always, I will attempt to accomplish needed reductions in the work force -by attrition whenever possible. In the past few years I have sought to broaden the revenue stream of the city to avoid ad valorem tax increases as much as possible. This year, due to a variety of reasons, the present ad valorem tax of $0.5177 will be maintained and no additional increase in the ad valorem tax rate is proposed. The City of Paris has been extremely successful in procuring a variety of grants. Those grants that are assured or expected have been included in revenues to the General Fund. These total approximately $1,219,714.00. Some of these grants have enabled our Police Department to add four additional sworn officers. Both present and future budgeting must be done with the cautious realization that should state and federal funds be reduced and local resources be inadequate to fill the void, personnel must be eliminated, thereby reducing services provided. The City of Paris along with the Lamar County Commissioners' Court and the Paris /Lamar County Board of Health, with the assistance of both hos- pitals, has in recent years created a Rural Health Clinic. Projected revenues to the Health Unit operations and available funds on hand will enable both the City and the County to reduce their contribution to the Health Unit from $90,000.00 each to $50,000.00 each, while improving services. 405 Effective October 1, 1993, one quarter o %-.orie cent additional sales tax has been collected to reduce property taxes. The revenues projected based on current collection experience indicate that this reduction is equivalent to 10.58 cents per $100.00 valuation. Municipal sales tax revenue is expected to increase approximately four percent, or $120,000.00 over 1994 -1995 budget figures. Additional revenues from franchise fees of over $80,000.00 is expected due to changes in the Lone Star Gas Franchise agreement. Fee increases for EMS services last year and Medicare reimbursement rates based on the higher fees provided additional reverr.,e to help offset additional expenses. Careful cash management and improved interest rates have resulted in a higher estimate of revenue due to interest earned on City funds. The proposed budget is the first budget to reflect the total reductions due to the closing of the City's tax office and Department of Community Development. Expenditures for electricity for public lighting are down significantly due to the program of replacing mercury vapor lamps with sodium vapor lamps and a better estimate of lighting costs. The City has been able to reduce Worker's Compensation premiums in the General Fund by $93,633.00 and in the Water and Sewer Fund by $19,381.00 in this proposed budget. While reform legislation passed in recent years is believed to be having a positive effect on rates, the City has been proactive in managing its loss control efforts by improving worker safety and making positive efforts to close out pending claims and thereby reducing reserve requirements that drive up premiums. The TML loss control representative cites Paris as a model for worker safety programs. The resulting reduction of $113,000.00 to the total budget in Worker's Compensation premium is a thirty -three percent reduction. In summary, the proposed budget is extremely lean. Budgeted amounts for expenditures for maintenance and operations and capital are reasonable. The revenue projections have been carefully considered and most line items of expenditures have been increased only incrementally as necessary. City Manager Malone acknowledge and thanked the staff for their assistance' in preparing the numerous budget worksheets involved in the budgeting process. City Manager Malone said the budget presented herein is less than recommended by the various departments, he feels that this is a responsible budget, under the circumstances, which attempts honestly to meet the service dr- ntands of our citizens, and to fund less than this plan of work will jeopardize seriously the level of service and quality of life in Paris. Mayor Clifford announced that the Council would not go into a Budget Workshop at this time to allow the Councilmembers to have the time to study the budget. There will he a workshop later in September, and advised the Councilmembers if they has any question to get with City Manager Malone, or Gene Anderson. 406 Resolution No. 95 -092, calling a public he C g for be s, 14th d M llf September, 1995 at 6:00 P. M. in the city un 135 S. E. 1st Street, for the purpose of hearing written and oral comment from the citizens of the City of Paris concerning the City Manager's proposed annual budget for fiscal year 1995 -1996, was presented. A motion was approval of the C�esolut on•FulTnegmotionecanrriedb Councilman Boyd 7 pp ayes, 0 nays. 401 RESOLUTION NO. 95 -092 WHEREAS, the City Manager of the City of Paris has furnished to the City Council at special session convened on the 29th day of August, 1995, the City Manager's proposed budget as directed by Section 45 of the Charter; and, WHEREAS, the City Manager did file the pioposea budget with the City Clerk of the City of Paris the 29th day of August, 1995, in accordance with Vernon's Texas Codes Annotated, Local Government Code, Section 102.005(a); and, WHEREAS, in accordance with Section 50 of the Charter, a public hearing must be held giving all interested persons an opportunity to be heard for or against any item or the amount of any item therein contained; and, WHEREAS, an appropriate time for said public hearing is found to be the 14th day of September, 1995, which date is at least 15 days after the date the proposed budget was filed with the City Clerk in accordance with Vernon's Texas Codes Annotated, Local Government Code, Section 102.006(b); NOW, THEREFORE, . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that a public hearing is called for the 141h day of September, 1995, at 6:00 P.M. in th" City Council Chambers, City Hall, 135 1st Street Southeast, for the purpose of hearing written and oral comment from the citizens of the City of Paris concerning the City Manager's proposed annual budget for fiscal year 1995 -96: and, BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris publish notice of said public hearing in the Paris News on the 3rd day of September, 1995, setting forth the time and place of said public hearing, which public hearing date is no sooner than the tenth (10th) day after said publication date. PASSED AND ADOPTED this 29th day of August, 1995. ATTEST: Eric S. Clifford, Ma Mattie Cunningham, City dhrk APPROVED ADO FORM: Attorney 408 A motion was made by Councilman Neeley, seconded by Councilman Hunt to adjourn. The motion carried 7 ayes, 0 na ERIC S' T7 ATTEST: MATTIE CUNNINGHAM, CITY CLNRK MINUTES OF THE REGULAR MEETIM OF THE CITY COUNCIL September 7, 1995 The City Council of the City of Paris met in regular session, Thursday, September 7, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan Boyd, Richard Hunt, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on September 5, 1996, and attached hereto as part of these minutes as Exhibit A. Mayor Clifford declared the public hearing open to consider the annexation and proper zoning upon annexation of approximately 20.32 acres (Tenaska III Texas Partners property) on Highway 271 North and approximately 70.08 acres of Lake Crook Property. Mayor Clifford called for those who wish to speak for or against the annexation, no one appeared, and the public hearing was declared closed. Mayor Clifford declared the public hearing open on the petition of Carles Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit -Signs and Billboards (52) on Lot 2, East Park Center, being number 3215 N. E. Loop 286. Mayor Clifford called for proponents to appear and Carles Sterling, 6185A Lamar Road, appeared before the Council in behalf of his petition. Mr. Sterling said his plan is to erect a monopole, lighted, all steel billboard at this location. Mayor Clifford called for opponents to appear, none appeared, and the public hear was closed. A motion was made by Councilman Bell, seconded by Councilman Jenkins authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit -Signs and Billboards (52) on Lot 2, East Park Center, located at 3215 N. E. Loop 286. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the final plat of Oak Creek Phase VI, and advised this item had been tabled at the August 10, 1995 meeting, and should the Council wish to consider this matter, a motion to bring this item from the table would be required. Mayor Clifford recommended that the Council bring Agenda Item No 9, Consideration of and action on approval of the replat from Lot 6, Block M of Oak Creek Phase V, forward, and to bring the above item from the table. 410 A motion was made by Councilman Bell, seconded by Councilman Jenkins to move Agenda Item No. 9 forward, and to bring Agenda Item No. 6 from the table. The motion carried 6 ayes, 0 nays. Mayor Clifford request that he be excused from the council meeting due to conflict of interest, and a motion was made by Councilman Fulbright, `— seconded by Councilman Hunt to excuse Mayor Clifford. The motion carried 6 ayes, 0 nays. Mayor Clifford departed the council chambers. Mayor Pro Tem Fulbright called for consideration of and action on approval of the Final Plat of Oak Creek Phase VI. A motion was made by Councilman Boyd, seconded by Councilman Hunt to approval the Final Plat of Oak Creek Phase VI subject to the approval of the City Engineer. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Fulbright.; called for consideration of and action on approval of the replat of.Lot 6, Block M, Oak Creek Phase V. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the replat subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Jenkins, seconded by Councilman Bell to allow Mayor Clifford to return to the council meeting. The motion carried 5 ayes, 0 nays, and Mayor Clifford assumed his seat at the council table. Councilman Fulbright made a motion for approval of the Preliminary Plat for a portion of Lot 16, City Block 250 subject to the requirements of the City Engineer. The motion was seconded by Councilman Boyd and carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the Replat of Lot 1 through 6 of Yates Estates subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. City Manager Malone advised the Council that there were no referral at this time. City Manager Malone reported that the City has received a grant for a municipal swimming pool from the Texas Parks and Wildlife, in the amount of $285,750.00 which will be match by $175,750.00 of in kind services and values of the land. City Manager Malone said the land is valued at $159,000.00, and as you know, the City has attempted to sale the land for many years, so in effect the City is selling the land for the value that it is appraised at, and getting to keep it and use it at the same time. City Manager Malone said that we are also providing $110,000.00 in funding in cash, and that money will be taken from the Certificate of Obligation Series 1993 Bonds, and as you know, in outlining all the different projects to be considered in the issuance of the CO's, Parks and Recreation had a number of items listed at that time. This is a 50/50 grant, and we will have $110,000.00 match in 411 cash, and it is possible that the City's land as we appraise it again, may appraise even at a higher amount. If this happens, we will get credit for that, and will be less cash funded. City Manager Malone announced that the City also received written confirmation of funding for the Auto Theft Prevention Grant in the amount of $128,533.00. City Manager advised that this is a program in the Paris Police Department. The funding will provide two officers, travel, equipment, and supplies. There is !fo match for this grant, and as always we want to express our appreciation for the good work by Tommy Haynes and Chief of Police, Karl Louis, and other staff members. City Manager Malone said we also received written confirmation that the City has received a Juvenile Gang Officer Grant in the amount of $42,455.00. On this grant there is funding for one officer, travel, supplies, and indirect cost. City Manager Malone told the Council that these items have been included in the budget which he has s- .omitted to the Council. City Manager Malone reported that the City was approximately 83% complete in the construction work at the Water Treatment Plant, and invited the Council to take a tour to see this construction in process if there were interested. City Manager Malone said the contract price stands at $4,799,604.80 for this project. City Manager Malone said the Raw Water Pipeline that supplies water from Pat Mayse to the Lake Crook Treatment Plant is substantially complete with a few items on the pinch list to be completed. City Manager Malone advised that there are a number of drainage projects under way utilizing some of our CO money. These are projects excavating dirt ditches using bulldozers to try to move the water out faster. The Booker T. Washington Curb, Gutter, Paving and Drainage Project has been complete. This project was funding thi -ough a Community Development Block Grant associated with the Housing Authority and Department of Housing and Urban Development as they outlined needs in the area are related to the law suite that took place in all the East Texas Housing Authorities, and we were able to get this grant once again in the amount of $250,000.00 with the total project cost of $300,000.00. City Manager said there will be a close out public hearing very soon on this project. The Police Department Roof Project is currently underway, and should be completed by the week of September 11th. We have also made a number of repairs to the existing air conditioning system at the Police Department, and it appears to be working well. City Manager Malone said they the City saved z substantially amount of money for the consultation and work, and that it would be watch to see how it was cooperating and report to the Council the final completion at a later date. City Manager Malone said that the h,ir.mlx asphalt concrete overlay has been completed with approximately six miles being overlayed. The 412 Public Works Director, B. A. Huddleston, has been able to accomplish a lot hot mix overlay in the past few years that represents about 56 miles, and all those projects are prioritizes according to major thoroughfares, secondary thoroughfares, and then moving on in to areas as where the base of the. streets would hold that typ e eventually we hope to have hhati this all the paved treets maintenance City Manager Malone said t procedure because many of these streets if you do not catch them the curbs will tilt backward and the water gets under the street and destroys the entire street. City Manager Malone also reported that estimate construction building value o permits for the month of August $842,240.00. October 9, 1995 at 1:00 City Manager Malone mentioned that on Monday, enefit Golf Tournament at p. M., there will be a Think Child Safety that, Paris Golf and Country Clubcontact the EMS office interested in entering they can call his office or Mayor Clifford reported that the Committee to 50,000.00,1 and they should renovation has met and exceed their goal be commended. there being no further business, the m i g adjourned. ERIC T. C I FORD, MA , CITY PARIS ATTEST: MATTIE CUNNINGHAM, CIT K 413 MINUTES OF THE PLANNING AND ZONING COMMISSION Tuesday, September 5, 1995 The Planning and Zoning Commission met Tuesday, September 5, 1995 at 5:30 P.M. in the Council Room, Cit_v Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Marshall Kent 2. Nadine Ausbie 5. Curtis Fendlev 3. Louis Yates 6. Joel McCray Earl Smith, City Engineer was also present. The meeting was called to order by Reeves Hayter. 1. The minutes from the August meeting was approved with a motion by Curtis Fendley, seconded by Marshall Kent. Motion carried by a vote of 6 ayes and 0 nays. 2. Public Hearing to consider the annexation and proper zoning upon annexation of approximately 20.32 acres ( Tenaska III Texas Partners property) on Highway 271 North and approximately 70.08 acres of Lake Crook property. Earl Smith recommended to the Planning and Zoning that the Tenaska property be zoned Heavy Industrial District (HI) and the Lake Crook property be zoned Public Lands and Institution District (PLI). The motion to approve recommendation was made by Nadine Ausbie and seconded by Louis Yates. Motion carried by a vote of 6 ayes and 0 nays. 3. Public Hearing to consider the petition of Caries Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (52) Signs and Billboards on Lot 2, East Park Center, located at 3215 N.E. Loop 286. Caries Sterling spoke in favor of the petition to erect a monopole, lighted, all steel billboard. There was no one to speak in opposition to the petition. The petition was approved with a motion from Curtis Fendley and seconded by Marshall Kent. The motion carried by a vote of 6 ayes and 0 nays. 4. Consider recommendation of the Final. Plat for Oak Creek Phase VI. (This item was tabled at the August meeting) A motion to excuse Reeves Hayter from the meeting was made by Curtis Fendley. The motion was seconded by Joel McCray and carried by a vote of 5 ayes and 0 nays. A motion to bring item from the table was made. by Nadine Ausbie and seconded by Marshall Kent. Motion carried 5 ayes and 0 nays. d1 A motion to approve was made by Nadine Aushic Sul "Al to tltc Cite 1=nuineer's memo dated September 5, 1995. The motion was secowicd by Marshall Kent and carried by a vote of 5 aves u and 0 nays. Reeves Hayter returned to the mccong by a motion from Curtis Fendley and seconded by Nadine Ausbie. The motion carried by a vote of 5 ayes and 0 nays. 5 Consider recommendation of the Preliminary Piat for portion i_ot 16, City Block 250. Curtis Fendley made a motion to approve recommendation subject to Citv Engineer's memo dated September 5, i 995. The motion ,•:a; seconded by Marshall Kent and carried by a vote of 6 ayes and 0 nays. 6. Consider recommendation of the Replat for Lots i through 6 of Prates Estates. A motion to excuse Louis Yates from the meeting was made by Marshall Kent and seconded by Joel McCray. The motion carried by a vote of 5 ayes to 0 nays. J A motion to excuse Nadine Ausbie was made by Curtis Fendley and seconded by Joel McCray. The motion carried by a vote of 4 ay.: 0 ;lays. -- Curtis Fendley made a motion to approve subject to City Engineer's memo dated September 5, 1995. The motion was seconded by Joel McCray and carried by a vote of-! ayes and 0 nays. A motion to return Louis Yates and Nadine Ausbie to ti►e meetinyul was made by Curtis Fendlev and seconded by Joel McCray. Motion carded by a vote of ayes and 0 nays. 7. Consider recommendation of the Replat for Lot 6, Block .It of Oak Creek Phase V. A motion was made by Louis Yates to approve recommendation subject to Citv Engineer's memo dated September 5, 1995. The motion was seconded by Curtis Fendley and carried by a vote of6 ayes and 0 nays. The meeting was adjourned at 6:00 p.m. Earl Smith 4 1 b MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL September 11. 1995 The City Council of the City of Paris met in regular session, Monday, September 11, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Aian R. Boyd, Richard Hunt, Charles II. Neeley, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. LInvocation was given by Director of Finance, W. E. Anderson. Mayor Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and the minutes for the Paris Public Library Advisory Board, Paris Economic Development Corporation, and the Paris /Lamar County Board of Health had been furnished with no action being required. The minutes of the Traffic Commission was also furnished, which are attacheed hereto as Exhibit A, calling for consideration of and action on authorizing preparation of an ordinance revising the Traffic Control Map of the Code of Ordinances Section 31 -65 (b) providing for a 20 m.p.h. school zone on East Houston Street between the east curbline of 31st Street N. E. East to the west curbline of 32nd Street N. E. A motion was made by Councilman Bell, seconded by Councilman Boyd authorizing preparation of the ordinance. The Motion Carried 6 ayes, 0 nays. Or the recommendation of the Traffic Ccibnission, a motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing preparation of aordinance revising Section 31 -65 (b) of the Traffic Control Map providing for a No. ParKing designation in the 10 Block of W. Long beginning at the west curbline of South Main Street West; of the East curbline of 1st Street S. W. The motion carried 6 ayes, 0 nays. Mary Gibson, 1095 S. W. 1st Street which is on the corner of 1st S.W. and Long, appeared before the Council stating that this street is not a paved street nor does it have a curb, it is a gravel street. Ms. Gibson said there are only three property owners on this street, herself, the Carson, and the Wilson. Ms. Gibson said that Long Street on the west side of South Main and on the east side of Church Street is paved and does have a curb; however, there is no mention about this section of Long Street not being a no parking section. Ms. Gibson presented pictures to the City Council showing a parking situation that is happening everyday on the corner of South Main and Hearne Street t -#, 4 1 416 which is only two blocks from Long Street that is in question. The pictures showed cars being parked on city sidewalks. Ms. Gibson called the Council attention to an incident that occurred on July 7th the Haynes family, Doris Haynes, Mildred Haynes, the City Attorney, T. K. Haynes, and Tommy Haynes also a city employee they told her of their concern about the way South Main was kept, and South Main is the main entrance to our downtown section. Doris Haynes told Ms. Gibson that her property which is at 945 S. Main, that tourist were thinking that her property looked so bad. Ms. Gibson stated that her property was next door to the Haynes family, also there was a Hispanic family that lived there for 22 months, but there were no witnesses to that conversation otrpf t.h :;- her sister Mildred Haynes, her nephew, Tommy Haynes and City Attorney, T. K. Haynes, and Mike Alexander the Code Enforcement Officer for the City of Paris. Ms. Gibson said if the Haynes family was concerned about South Main to let your City Councilmembers work together with the Haynes family and get this parking situation solved which is on the corner of Hearne and S. Main Street, which is a more important to the community as it does comes into town where Long Street does not. Mayor Clifford advised if she wants this matter to be considered, she would have to refer it to the Traffic Commission for their recommendation, and they will make a recommendation to the City Council for action. City Manager Malone said he would follow up on this matter as it appears there is a parking problem on South Main and Hearne. It i appears there is illegal parking. City Manager Manager explain that the item under consideration the ordinance has been requested from Mrs. Joann McGlasson of 1040 South Main Street, and further explained that her driveway lets out into W. Long Street, and when vehicles pack on this narrow street, she and her family are unable to exit their driveway. City Manager Malone said the people that are parking in this area are visiting a house across South Main. City Manager Malone advised that the matter that Ms. Gibson is referring to happens to be property belonging to his 4th grade teacher whc had called him on several occasions about the conditions of properties adjacent to her property, and the complaint that Mr. Haynes and the other Mr. Haynes responded to was at his directions to determine what, if anything, could be done about the terrible condition of the property adjacent to Mrs. Mildred Haynes. After further discussion, the motion carried 6 ayes, 0 nays. City Manager Malone advised the Council. that Ms. Jean Hill would not be present at the council meeting, and she will forward the information to the City. City Manager said he will make copies of it and present it to the Council later. 417 Mayor Clifford declared the public hearing open to consider the annexation and proper Zoning upon annexation of approximately 20.32 acres (Tenaska III Texas Partners property) on Highway 271 North and approximately 70.08 acres of Lake Crook Property (newly acquired from Richard B. Swint), and called for anyone who would like to speak on this matter to come forwai-1. Charles Waldrum, Attorney, 753 Lamar Ave., representing Tenaska III Texas Partners, came forward asking that he be allowed to give a brief history of what happened in this situation. Mr. Waldrum said the City deannexed in October of 1988, and the City of Paris for a number of years has had a history of working with industry in a way if industry would like to come to town and build their plant here that the City of Paris would give them a seven year tax break as a consideration of locating the plant in Paris. It is true that this was seven year ago, but pointed out that was when the property was deannexed, but the fact that the plant was not constructed for a period of time, and particular the first tax year that this world have covered would have began on January 1, 1989. At that particular time there was nothing out there but dirt, so there was really no tax break to be provided. Mr. Waldrum said the plant was actually completed in the early part of 1990, and, in fact, during the year 1990 Tenaska did not get a full tax break so to speak because their plant had not been completed, it was not operational on January 1990, but they got approximately 80% break. Mr. Waldrum said Tenaska's view of this :jarticular situation is that the spirit of the agreement was for a seven year tax break, but Tenaska has had about five and three- quarters, but what Tenaska would like is for the City Council to consider the possibility delaying this annexation until after January 1, 1996. If we were to accomplish that, that would complete the seven years tax break that was contemplated and anticipated. Mr. Waldrum said they were not in any way apposing annexation, but what they are requesting is for the annexation to occur after January 1, 1996. V Mayor Clifford said that he was on the Council at the time the property was deannexed, and Mr. Waldrum -is totally correct, there was some questions on Tenaska's financing and they really did not get the project off the ground urtil two years after they anticipated it. Councilman Neeley requested that he be excused from the council meeting due to a possible conflict of interest. A motion was made by Councilman Bell, seconded by Councilman Hunt to excuse Councilman Neeley. The motion carried 5 ayes, 0 nays, and Councilman Neeley departed the council chambers. Mayor Clifford said all the Council would have to do is annex Tenaska sometime after January 1, 1996, and they would go on the tax roll as of January 1997, but it is nothing that we have to do tonight. City Manager Malone pointed out that this abatement over this period of time has already amouni -ed to more than two and one -half million dollars, and we are talking about a total of 18 jobs. City Manager Malone said when we talk about abatement agreements with other -- s 418 industries we in many cases, we are talking about a substantial number of jobs, so that is something that needs to be taken into consideration. No one else appeared before the Council, and the public hearing was declared closed. City Attorney Haynes advised the Council that the initial step of annexation is scheduled to began on October 5, 1995, and from that date the completion of the annexation procedure must be accomplished within 90 days. A motion was made by Councilman Hunt, seconded by Councilman Bell to allow Councilman Neeley to return to the council meeting. The motion carried 5 ayes, 0 nays, and Councilman Neeley return to the council meeting. City Manager Malone called for consideration of and action .on authorizing the preparation of an ordinance authorizing the "Updated Service Credits" in the Texas Municipal Retirement System. City Manager Malone explained that this grants, a cost of living increase as calculated by the Texas Municipal Retirement System for retirees. After discussion, a motion was made by Councilman Neeley, seconded by Councilman Fulbright authorizing the Updated Service Credits in the Texas Municipal Retirement System. The motion carried 6 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was authorizing restricted prior service .credits in the Texas Municipal Retirement System and designating an official to certify the eligibility of employee(s) under the Buy -Back Provisions in the Texas Municipal Retirement System, and explained that this allows persons to receive credit in the Texas Municipal Retirement System for years of service performed in certain eligible retirement systems. A motion was made by Councilman Bell, seconded by Councilman Neeley authorizing preparation of an ordinance authorizing restricted prior service credits in the Texas Municipal Retirement System. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Section 26 -1 of the Code of Ordinances adding four (4) police privates, and explained this enlargement one Police Department is to accommodate the four (4) officers primarily funded by grants. When grant funding is eliminated, either the police force must be reduced or revenues (Ad Valorem Taxes) must be increased to continue funding these positions. This ordinance will be presented following adoption of the budget. After discussion, a motion was made by Councilman Neeley, seconded by Councilman Bell authorizing preparation of an ordinance amending Section 26 -1 of the Code of Ordinances adding four police privates. The motion carried 6 ayes, 0 nays. ORDINANCES NO. 95 -035 4 " AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISION SECTION 24 -1 (a) OF SAID CODE; PROHIBITING SOLICITING, SELLING, ETC., DURING CERTAIN HOURS OF CERTAIN MONTHS OF THE YEAR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 11, 1995 was presented. A motion was made by Councilman Bell for adoption of the ordinance. The motion was seconded by Councilman Hunt and carried 6 ayes, 0 nays. ORDINANCE NO. 95 -036 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) AND SPECIFIC USE PERMIT - SIGNS AND BILLBOARDS (52) ON LOT 2, EAST PARK CENTER ADDITION, ON PROPERTY BELONGING TO DISCOUNT WHEEL AND TIRE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - SIGNS AND PILLBOARDS (52) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $',000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for adoption of the ordinance. The motion carried 6 ayes, 0 nays. City Manager Malone called for the 1-.&. u- ,ations of bids for furnishing and delivery of water meters for use in the Water Distribution Division, and the following bids were presented: The Rohan Company Sensus Technologies, Inc. $66,286.00 $67,733.06 A motion was made by Councilman Neeley, seconded by Councilman Bell to award the bid to the low bidder, The Rohan Company, in the amount of $66,286.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery or Traffic Barricades for use in the Public Works Department, and the following bids were presented: Flasher Flare Southeast, Inc. P.B.S., Inc. $27.70 each $34.75 each A motion was made by Councilman Bell, seconded by Councilman Boyd to award the bid to the low bidder, Flasher Flare Southeast, Inc., in the amount of $27.70 each. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Fire Hydrants for use in the Water Distribution Division, and the following bids were presented: - 42+ Utility Plus $4,237.95 The Rohan Company $4,232.00 International Supply $4,452.06 A motion was made by Councilman Fulbright: seconded by Councilman Boyd -- to award the bid to the low bidder, Utility Plus, in the amount of $4,237.95. The motion carried 6 ayes, 0 nays. City Manager Malone called for than tabulations of bids for furnishing and delivery of Uniforms for the City of Paris Fire Department and Emergency Medical Service, and the following bids were presented: R & R Uniform Inc. Tyler Uniform $7,858.14 $7,181.18 A motion was made by Councilman Bell to award the bid to the low bidder, Tyler Uniform, in the amount of $7,181.18. The motion was seconded by Councilman Boyd, and carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of full color photo realistic composite system (an Image Enhancement Program) for the City of Paris Police Department. City Manager Malone said that only one bid had been received, that being from Image Ware Software, Inc. in the amount of $5,199.00, and this equipment was needed as a tool to enhance investigation skills, and portions of this grant funding will be lost if we do not use it. A motion was made by Councilman Fulbright, seconded by Councilman Hunt r-- to award the bid to Image Ware Software, Inc. in the amount of I $5,199.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Two (2) IBM /Intel x 86 Compatible Computer System for the City of Paris Public Library., and the following bids were presented: Computer Super Center $3,925.00 Professional Business Systems $3,795.00 Nu7ec Information Systems $3,358.00 A motion was made by Councilman Bell, seconded by Councilman Fulbright to award the bid to NuTec Information Systems in the amount of $3,358.00. The motion carried 6 ayes, 0 says. City Manager Malone called for the tabulations of bids for furnishing and delivery of Fluorosilicic Acid for the City of Paris Water, and the following bids were presented: Harcros Chemicals, Inc. $3.56 per Gal. Van Waters & Rogers, Inc. $6.00 per Gal. 4 2 1A motion was made by Councilman Fulbright, seconded by Councilman Boyd to award the bid to Harcros Chemicals, Inc., in the amount of 3.56 per gallon. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Sodium Hydroxide for the City of Paris Water Treatment Plant, and the following bids were presented: DPC Industries, Inc. $1.0350 per Gal. Delta Distributors, Inc. $1.0480 It " Van Waters & Rogers, Inc. $1.0485 " it Advance Chemical Distributoon $1.1030 at It Harcros Chemicals, Inc. $1.1200 " " A motion was made by Councilman Fulbright, seconded Councilman Hunt to award the bid to the low bidder, DPC Industries, Inc. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Potassium Permanganate for the City of Paris Water Treatment Plant, and the following bids were presented: DPC Industries, Inc. $1.2850 per Pound Central Garden & Pet Co., Inc. $1.2900 It It Van Waters & Rogers $1.3175 " It Carus Chemical Co. $1.3470 It It Delta Distributors, Inc. $1.3500 " " Harcros Chemicals, Inc. $1.3550 " " A motion was made by Councilman Fulbright, seconded by Councialman Bell to award the bid to DPC industries in the amount of $1.2850 per pound. The motion carried 6 ayes, 0 re.ys. City Manager Malone called for the tabulations of bids for furnishing and delivery of Liquid Alum for the City of Paris Water Treatment Plant, and the following bids were presented: GEO- Specialty Chemicals $104.49 per Ton General Chemical Corporation $113.80 it It Costal Products & Chemicals $119.50 " " Central Garden & Pet Co., Inc. $151.00 is It A motion was made by Councilman Neeley, seconded by Councilman Fulbright to award the bid to GEO- Specialty Chemicals. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Hydrated Lime for the City of Paris Water Treatment Plant, and the following bids were presented: Texas Lime Austin White Lime Central Garden & Pet - - - $104.20 (Bagged) $109.80 " $154.00 " 422 -. Texas Lime $ 78.15 (Bulk) — Austin White Lime $ 84.89 " A motion was made by Councilman Fulbright, seconded by Councilman Hunt to award the bid to Texas Lime for both bagged and bulk Hydrated Lime. The motion carried 6 ayes, 0 nays. j City Manager Malone called for the tabulations of bids for furnishing and delivery of Powdered Activated Carbon for the City of Paris Water Treatment Plant, and the following bids were presented: Van Waters & Rogers, Inc. $0.380 per Pound Central Garden & Pet Co., Inc. $0.415 " " A motion was made by Councilman Neeley, seconded by Councilman Bell to award the bid to Van Waters & Rogers, Inc. in the amount of $0.380 per pound. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Liquid Chlorine for the City of Paris Water Treatment Plant and the Wastewater Treatment Plant, and the following bids were presented: Delta Distributors, Inc. $400.00 per Ton Harcros Chemicals, Inc. $409.00 " DPC Industries, Inc. $480.00 " A motion was made by Councilman Boyd, seconded by Councilman Bell to award the bid to Delta Distributors, Inc. for furnishing and delivery of Liquid Chlorine. The motion carried 6 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Liquid Sulfur Dioxide for the City of Paris the Wastewater Treatment Plant, and the following bids were presented: Harcros Chemicals, Inc. DPC Industries, Inc. $584.25 per Ton $620.00 to If A motion was made by Councilman Fulbright, seconded by Councilman Boyd to award the bid to Harcros Chemicals, Inc. in the amount of $584.25 per ton. The motion carried 5 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of Liquid Anhdrous Ammonia for the City of Paris the Wastewater Treatment Plant, and the following bids were presented: Delta Distributors, Inc. $660.00 per Ton On the recommendation of the Director of Utilities, Herbert H. Campbell, a motion was made by Councilman Boyd, seconded by Councilman —� Bell to reject this bid and continue to buy from our present supplier, Deport Farm Supply at a cost of $275.00 per ton. The motion carried 6 ayes, 0 nays. Resolution No. 95 -093, amending Exhibit A to Resolution No. 95 -075 approving the assignment of the lease agreement for the amusement park area of Culbertson Park, was presented. A motion was made by Councilman Hunt, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 423 RESOLUTION NO. 95 -093 WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of July, 1995, pass Resolution No. 95 -075 with Exhibit A attached thereto, which said Exhibit is incorrect due to inaccurate information being given to the City of Paris and requires correction; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that Exhibit A to Resolution No. 95 -075 're, and the same is hereby, amended in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 11 th day of September, 1995. Eris, ;S. C ±iffor , Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: J4� T. K. ilaynes, Ci Attorney ASSIGNMENT OF LEASE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } THAT Jerry Kyle did heretofore, on the 30th day of March, 1992, execute a Lease — Agreement with the City of Paris for the amusement park area of Culbertson Park, a copy of which is attached hereto as Exhibit A, and did also heretofore, on the 11 th day of April, 1994, execute an Assignment of Lease Agreement to Eddie Dean Kyle, a copy of which is attached hereto as Exhibit B. WITNESSETH THAT I, EDDIE DEAN KYLE, hereinafter called ASSIGNOR, for value received, do hereby assign to KENNETH GIFFORD, hereinafter called ASSIGNEE, all my right, title and interest in and to the Lease Agreement between the City of Paris and Jerry Kyle. In consideration of the above assignment and consent of the City of Paris, ASSIGNEE assumes and agrees to make all payments and perform all agreements and conditions of the above - referenced Lease Agreement by ASSIGNOR to be made and performed. SIGNED this 10th day of July, 1995. ASSIQNOR EDDIE DEAN KYLE ASSIGNEE KENNETH GIFFORD Acceptance and approval of the above Assignment of Lease is acknowledged this 10th day of July, 1995. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney By: CITY OF PARIS, PARIS, TEXAS Eric S. Clifford, Mayor EXHIBIT A 421 425 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared EDDIE DEAN KYLE, Assignor, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1995. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared KENNETH GIFFORD, Assignee, 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 July, 1995. Notary Public, State of Texas y LEASE AGREEMENT STATE OF 'TEXAS § § KNOW. ALL MEN BY THESE PRESENTS COUNTY OF LAMAR § THIS LEASE AGREEMENT, made rend entered into this 30th day of March, 1992, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, by and through its Mayor, George Fisher, duly authorized, hereinafter called LESSOR, and JERRY KYLE, of Lamar.Count-y, Texas, hereinafter called LESSEE, WITNESSETH: For the term and consideration, and upon the terms, specifications and conditions herein prescribed and specified, LESSOR does hereby let and lease to LESSEE, JERRY KYLE, 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 involved, 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 April 1, 1992, that is from April 1, 1992, through March 31, 1997, 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, JERRY KYLE, 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 receipt's accruing to and from the operation of the amusement center and each facility thereof for the immediately preceding month, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent 426 ``V, 1► ► 427 (10%) 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 - the event that 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 five (5) years from and after the expiration of this agreement, for and in consideration of the delivery of monthly payments, on the 1st day of each month, to the City Clerk of the City of Paris, during the term of said five - year option period, 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, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (10%) 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. Said option may be exercised by LESSEE'S giving notice in writing of LESSEE'S intention to renew said lease on or before the 1st day of March, .1997. In consideration whereof, LESSOR and LESSEE mutually agree as follows: (1) That LESSOR let and lease to LESSEE the above described property and premises at the rental and for the term and consideration here- inabove set out, and upon the covenants and conditions 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 1 i I - r tax liability to LESSEE, his heir's -' or` assigns, and in such event LESSOR shall be entitled: k,r: x�d;:.;may dispose, as it may see fit, of any and all improvements or equipment located thereon. .(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 located, 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 condition or practice to develop thereon. Grounds maintenance shall include: During the months of April through September, the premises will be mowed and weedeated on an as needed basis.. When all leaves have fallen from the trees, it will be the LESSEE'S responsi- bility to remove all leaves from said premises. All bags of leaves and trash shall be removed from premises within 24 hours of the time the 'cash and leaves are collected. Grounds maintenance shall include the entire area listed in the second paragraph on the 1st page of this agreement. 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 premises 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 42 42!9 music, or any other noise which would constitute a nuisance to the people residing in the vicinity 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' amusement 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 wrl:-:Ieo 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-11tate 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, servants, employees, patrons, custom.2rs, 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 indemnify, 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 I 430 person or property, arising from or connected with the use, i, occupancy and control of said property and premises by LESSEE during the term of this (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 $250,000.00 per pzr -tor rA $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any s single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained in or upon the premises of said leased property, or any part thereof, as the- result of the negligence of LESSEE, his agents, servants or employees; and shall pay all premises 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, and must show LESSOR as an additional insured, 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 companies, evidencing the fact that such insurance is in full force and effect at all Limes during this lease and any extension therefor. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective dat(_ of such cancellation or amendment. Notice shall be by certif-:ed mail, return receipt requested, addressed to.the LESSOR at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461 -9037. (11) LESSEE shall keep and perform every agreement and covenant herein contained r,::d shall conform to and observe all sanitary ordinances, rules and regulations of the State t't 431 of Texas and City of Paris applicable to the leased property; and in the event LESSEE shall default 'in any covenant, condition, provision or stipulation 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 S repossession, LESSEE hereby waiving every claim for damages for or by reason of said re- entry. EXECUTED IN TRIPLICATE at Paris, Texas, on this the 30th day of March, 1992. CITY OF PARIS By 'eorge Fisher, Mayor ATTEST: •Mattie Cunningham, Cit CYerk LESSOR �X1tY LE LESSEE APPROVED ASi O ,FORM: . K. Haynas, City Attorney STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, 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. 1 1 • ' GIVEN UNDER MY 'EIAND tND SEAL, OF OFFICE this 30th day of March, 1992. ALICE M. PINALTO Notary Public i State of Texas i Notary., Public, is State o "Texas Commission Expires, 00 of STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally app•2ared JERRY KYLE, known to me to be the person whose n &me is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the 1 purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l _ day of .March, 1992. _. �l 1, � • / Lam! I i •��: ALICE M. PINALTO ; Notary Pu ic, SCate o Texas Notary Public � Slate of Texas Commission Expires ; r =-ur l �_ n 433 ,. ASSIGNMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR } THAT JERRY KYLE, hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's obligations under the assumed lease does hereby bargain, sell and assign to EDDIE DEAN KYLE, hereinafter called ASSIGNEE, all my right, .decd and interest in and to that certain Lease Agreement between JERRY KYLE and the City of Paris, dated March 30, 1992. ASSIGNEE will be responsible for all terms and conditions stated in said assumed Lease - %greement attached hereto as Exhibit A. i'i'i ;'r'i'..1 ;`+ ';- ;•i i,. . LE, ASSIGNOR EDDIE DEAN KYLE SSIGNEE The aforesaid assignment is approved and accepted by the City of Paris,. — Paris, Texas. CITY OF PARIS, PARIS, TEXAS ATTEST: 4Grppe - fisher, Mayor . ' Mattie Cunningham, City Clerk APPROVED AS TO -ORM: T. K. IIdynes,. Ci�ttorney �XHIBJJ e FT- sTATE,OF TEXAS .. } . l • : ;::. :COUNTY OF LAM hR } BEFORE ME,.the undersigned authority, on this day personally appeared Georgc'Fisicr; Mayor of the City of. Paris, known tome to be the person wi1ose name is subscribed to the foregoing: instrument and'acknowledgcd to me that he -executed the same for the purposes and consideration thercin expressed, and in the capacity.'thercin stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ..'.April, 1994. / ALICE M. PINALTO Notary :Public, ". i.. / Notary Public, State of Texas State'ol Texas Commission Expires i 1-29-96. ;. ... STATE OF TZXAS }:. ':CO'UNTY.:Or --. -LAMAR } BEFORE ME, the'und.ersigncd authority, on this day personally app red Jerry Kyle, Assignor, known to to be file person whose name is subscribed :'to the 'for :egoing instrument and acknowledged -te me that .he executed the'same for .the.:ppr Oses.� id . considdcration therein v, ressed. '. .•.G1V)✓l`1.1JND R NIY HAND AND "SEAL, OP OrrICI, this, ,day of .. : A pril, .1994. ' .' •, •// /iii /i•i / /i //tiiii� // �. °i / . ALICE M. PINA M LTO ' Nal�ar ' i'ublic,. State of Texas -Not ary.• Public y Slate - of Texas Commission missio Expires .. •,,ss,� 1-29-96 i . ;.STAT.0 ",OF,TEXAS: } C:DUNT'.Y:OF tAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Eddie Dean ' Kyle,' Assignce, known to me to be the person whose name is subscribed to'.the foregoing instrument and acknowledged to me that he executed the sZme far. the purposes and consideration therein. expressed. GIVEN UND1,R;•MY I- IAND�.Ai D SEAL' Or OFFICE this d y of A'pr.il., 1994:.. . ALiCE'M..PINALTO Nota[y. ublic - P >^ State. of 'Texas / .Notary -.Public, -State of.Texas -commission Expires i Resolution No. 95 -094, resolving that Wayne Brown be and he is hereby nominated to serve as a member of the Board of Directors of the Lamar County Appraisal District, was presented. A motion was made by Councilman Neeley, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 1 . 43*0 RESOLUTION NO. 95 -094 WHEREAS, the City Council of the City of Paris has been asked to nominate a candidate for membership on the Board of Directors of the Lamar County Appraisal District; and, WHEREAS, the City Council is desirous of nominating Wayne Brown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Wayne Brown be, and lie is hereby, nominated to serve as a member of the Board of Directors of the Lamar County Appraisal District; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk, be, and she is hereby, directed to timely deliver a copy of this Resolution to the Lamar County Appraisal District. PASSED AND ADOPTED this 7th day of September 5. Eric S. C!ifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED S TO FORM: T. K. aynes, City Attorney Resolution No. 95 -095, approving Addendum Number Two to Ha Agreement with Richard Finley, and authorizing and directing Eric Clifford, Mayor of the city of Paris to execute the cting y Lease presented. A motion was made b g S� Councilman Bell for a y Councilman Fulbright, seconded was ayes, 0 nays. approval of the resolution. The motion carried 6 436 RESOLUTION NO. 95 -095 WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of September, 1991, in Resolution No. 91 -094, authorize the execution of a I-lay Lease Agreement with Richard Finley for approximately 175 acres of Lake Gibbons property; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of November, 1992, in Resolution No. 92 -092, authorize the execution of Addendum Number One to Hay Lease Agreement dated September 9, 1991; and, WHEREAS, the terms of the lease agreement are in need of revision, and an Addendum Number Two to Hay Lease Agreement dated September 9, 1991, in the form attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE- IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Addendum Number Two to Hay Lease Agreement dated September 9, 1991, in the form attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number Two to Hay Lease Agreement dated September 1, 1991, in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 11th day of September Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVE AS TO FORM: T. aynes, ty Attorney 437 ADDENDUM NUMBER TWO TO HAY LEASE AGREEMENT DATED SEPTEMBER 9, 1991, BETWEEN RICHARD FINLEY AND TIIE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number Two to Hay Lease Agreement dated September 9, 1991, between Richard Finley and the City of Paris, Paris, Texas, is made this 11 th day of September, 1995, by and between Richard Finley, hereinafter called LESSEE, and the City of Paris, Paris, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR. WITNESSETH It is hereby mutually agreed by and between LESSOR a,- d LESSEE that the first paragraph of said Hay Lease Agreement be amended so that such shall read as follows: "That the CITY OF PARIS, a municipal corporation, of the County of Lamar and State of Texas, hereinafter called LESSOR, for and in consideration of the sum of One Thousand One Hundred and One and no /100 Dollars ($1,101.00) cash, to it in hand paid by Richard Finley, hereinafter called LESSEE, the receipt of which is hereby acknowledged, and in consideration of a like payment of One Thousand One Hundred and One and no /100 Dollars ($1,101.00) each year, said $1,101.00 !,,% be due on or before October 1st of each year, has bargained and sold, and does by these presents bargain and sell unto the said LESSEE, all the grasses and hay now standing and growing and to be grown, and the right to cut and bale the same, for a period of five (5) years, beginning October 1, 1991, apon all that "certain tract of land owned by the City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property, consisting of approximately 175 acres of land, roughly depicted by the green shaded area on Exhibit A, attached hereto, save and except 3.673 acres described on Exhibit B, attached hereto." EXECUTED on the 11 th day of September, 1995. By: CITY OF PARIS, PARIS, TEXAS, Eric S. Clifford, Mayor EXHIBIT A ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSEE Richard Finley STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor 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 HANG AND SEAL OF OFFICE, this day of September, 1995. Notary Public, State of Texas STATE OF TEXAS ) } COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared RICHARD FINLEY, 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. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of September, Notary Public, State of Texas 43 439 D. au t-c . er 41 Aj fb FXHIBIT A el 44 EXHIBIT B FIELD NOTES (FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GIBBONS) SITUATED about 6 1/2 miles West Northwest of the City of Paris, County of Lamar and State of Texas, a part of the N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part of two tracts of land conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as described in deed recorded December 23, 1898, in Volume 88, Page 229, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner, said point being in the West Boundary Line of the first tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South a distance of 936 feet from the Northwest Corner of the N. Matheison Survey, same being the Northwest Corner of said first tract; THENCE, continuing South with the WBL Matheison Survey, at a distance of 189 feet passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace Survey, a total distance of 400 feet, a point; THENCE East 400 feet; d point; ., ,. THENCE North, at 211 feet crossing into the N. Matheison Survey, a distance of 400 feet, a point; THENCE West a distance of 400 feet to the point of beginning and containing 3.673 acres, more or less, 1.736 acres, more or less, from the Matheison Survey and 1.937 acres, more or less, from the A. S. Wallace Survey. Resolution No. 95 -096, authorizing the execution of a lease agreement with Paris Radio Control Association for approximately 3.673 acres at Lake Gibbons, was presented. A rilotion was made by Councilman Boyd, seconded by Councilman Hunt for approval of the resolution. The motion carried 6 ayes, 0 nays. 441 RESOLUTION NO. 95 -096 WHEREAS, the City Council of the City of Paris has received a request from Paris Radio Control Association to lease 3.673 acres of land near Lake Gibbons for the purpose of model aeronautics activities; and, WHEREAS, the City Council :s desirous leasing said property for a term of five (5) years, beginning October 1, 1995, and ending September 30, 2000; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all. things, be approved, and the :Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAKiS, that the form of the Lease Agreement with the Paris Radio Control Association for 3.673 acres of land near Lake Gibbons be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Paris Radio Control Association, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 11th day of September 95. Eric S. afford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED S TO FORM: T. K. aynes, Ci Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) 442 LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT between the CITY OF PARIS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR, and PARIS RADIO CONTROL ASSOCIATION, Paris, Texas, acting by and through its President, Terry Williams, duly, authorized, hereinafter called LESSEE, is made this 11th day of November, 1995. WITNESSETH For and in consideration of the payment to the CITY OF PARIS, a municipal corporation, of the sum of ONE AND N01100 DOLLARS ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY OF PARIS, a municipal corporation, does hereby lease, rent and let unto the PARIS RADIO CONTROL ASSOCIATION 3.673 acres of Lake Gibbons property more particularly described on Exhibit A, attached hereto. IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. The term of this lease is for five (5) years, beginning on the 1st day of October, 1995, and ending on the 30th day of November, 2000, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for model aviation purposes only. EXHIBIT A 443 2. That LESSEE shalt pay to LESSOR, or order, at the City Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 3. That LESSEE will, at its sole cost and expense, construct and maintain all necessary appurtenances for model aeronautics and any and all roadways and parking areas to serve the same. 4. That LESSEE will police and supervise the safe use of the property described on Exhibit A. 5. That LESSEE agrees to inc emnify, 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 leased premises resulting from LESS?-.E'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 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 hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at le:!st $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, its invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance 444 policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, 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, 150 1st Street S.E. Street, Paris, Texas 75460, 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 hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461 -9037. 6. Any and all structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove, and the obligation to remove, if so requested by LESSOR, the same within a reasonable time upon termination of this Lease or any renewal hereof. 7. That LESSEE will conduct the leased premises in accordance with safety procedures recommended by the Academy of Model Aeronautics and will post warning and safety signs and rules on the property lines. 8. That LESSEE shall not commit, or suffer to be committed, any waste on the leased premises, nor shall LESSEE maintain, commit or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any f 445 way conflict with any law, ordinance, rise° or regulation affecting the occupancy and use of the leased premises which is or may hereafter be enacted or promulgated by any public authority; or suffer to be committed any waste on the leased premises; or allow the premises to be used for any. improper, immoral or unlawful purpose. 9. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up the ; remises to LESSOR. LESSEE shall not install, erect or provide any device, in addition to such devises and equipment presently located at and in use and in connection with the operation 7.f the leased premises, without first securing the written permission for such installation or provision from the City Manager of the City ci Paris. 10. That it shall be lawful for LESSOR 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. 11. 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. 12. 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 ';:e City Council of the City of Paris, which use shall be conducted on a non - interfering basis with the PARIS RADIO CONTROL ASSOCIATION program. it 446 13. 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, and shall be given the privilege of removing any improvement constructed on said property by LESSEE. 14. Should LESSEE default in, or fail or refuse to keep any of the covenants, condition, stipulations and /or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within sixty (60) days from the date of such notice, then this lease contract may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re -enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re -entry being expressly waived. 15. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of it 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 five (5) years from and after the expiration of this agreement, which option may be exercised by LESSEE giving notice in writing of its intention to renew said lease ninety (90) days prior to the expiration of the primary term of the lease. 16. That all notices provided for herein must be made by registered or certified mail, return receipt requested, addressed as follows: If to LESSOR: City Clerk City of Paris P. O. Box 9037 Paris, TX 75461 -9037 447 If to LESSEE: Secretary /Treasurer Paris Radio Control Association Box 631 Bogota, TX 75417 That the parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. EXECUTED on the dates shown in acknowledgements below. CITY OF PARIS, PARIS, TEXAS s ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney UN ATTEST: Eric S. Clifford, Mayor PARIS RADIO CONTROL ASSOCIATION Terry Williams, President Thomas J. Ridge, Secretary - Treasurer STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor 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, 1995. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Terry Williams, President of Paris Radio Control Association, 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, 1995. Notary Public, State of Texas 449 EXHIBIT A FIELD NOTES (FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GIBBONS) SITUATED about 6 1/2 miles West Northwest of the City of Paris, County of Lamar and State of Texas, a part of the N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part of two tracts of land conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as described in deed recorded December 23, 1898, in Volume 88, Page 229, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point fo. corner, said point being in the West Boundary Line of thy° first tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South a distance of 936 feet from the Northwest Corner of the N. Matheison Survey, same being the Northwest Corner of said first tract; THENCE, continuing South with the WBL Matheison Survey, at a distance of 189 feet passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace Survey, a total distance of 400 feet, a point; THENCE East 400 feet, a point; THENCE North, at 211 feet crossing irt+ the N. Matheison Survey, a distance of 400 feet, a point; THENCE West a distance of 400 feet to the point of beginning and containing 3.673 acres, more or less, 1.736 acres, more or ,%ss, from the Matheison Survey and 1.937 acres, more or less, from the A. S. Wallace Survey. Resolution No. 95 -097, repealing Resolution No. 94 -027 consenting for portions of the City of Paris Extraterritorial Jurisdiction to be included within the proposed Reno Volunteer Fire and Rescue Department District, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for approval of the resolution. The motion carried 6 ayes, 0 nays. 450 RESOLUTION NO. 95 -0917 WHEREAS, the City Council of the City, of Paris did heretofore, on the 11th day of April, 1994, in Resolution No. 94 -027, consent to the inclusion of that portion of the extraterritorial jurisdiction of the City of Paris within the rural fire prevention district to be created by the Reno Volunteer Fire Department; and, WHEREAS, the proposition for the creation of the rural fire prevention district failed at an election of the voters within said district, and it is deemed appropriate that said Resolution No. 94 -027 be repealed and held for naught; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 94 -027, be, and the same is hereby, repealed and held for naught. PASSED AND ADOPTED this I 1 th day of Septe 995. Eric difford, Mayor ATTEST: \'�� '�v rv\ � Mattie Cunningham, City Clerk-'_ APPROVED i,S TO FORM: T. K. aynes, ty Attorney Resolution No. 95 -098, authorizing the assignment of Tony B. Brem, dba Yellow Cab Company franchise to Steve B. and Wendy L. Raney, was presented. A for motion royal of by Counci resolution an The lmotionccarriedb6 Councilman Boyd pp ayes, 0 nays. 451. RESOLUTION NO. 95 -098 WHEREAS, the City Council of the City of Paris did heretofore in Ordinance No. 93 -001, on the 7th day of January, 1993, grant to TONY BREM, DBA YELLOW CAB COMPANY, a franchise to use the public streets, alleys, and highways of the City of Paris for the purpose of transporting passengers for hire in Motor vehicles for a period of five (5) years, beginning Dec -.tuber 14, 1992, and ending December 13, 1997; and, WHEREAS, TONY BREM has sold his taxicab business and is no longer desirous of continuing with said franchise and has requested the City Council of the City of Paris to approve the execution of an assignment of the franchise to STEVE B. RANEY and WENDY L. RANEY; and, WHEREAS, the City Council desires to continue the franchise for the taxicab service with STEVE B. RANEY and WENDY L. RANEY; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the assignment of the franchise `u,n TONY BREM to STEVE B. RANEY and WENDY L. RANEY is hereby approved; and, BE IT FURTHER RESOLVED,.that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Assignment in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 11 th day ofptember, 1995. Eric S. lifford, ayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, Ci y Attorney 0 ASSIGNMENT OF TAXICAB FRANCHISE GRANTED IN DLN N E NO. 93 -001 ADOPTED' 'A `7, 1993 STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS:. COUNTY OF LAMAR } THAT TONY BREM, hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's obligations under die assumed franchise does hereby bargain, sell and. assign to STEVE B. RANEY and WENDY L. RANEY, hereinafter called ASSIGNEE, all my right, deed and interest in and to that certain franchise between TONY BREM and die CITY OF PARIS, dated January 7, 1993. ASSIGNEE will be responsible for all terms and conditions stated in said assumed franchise attached hereto as Exhibit A. IN WITNESS WHEREOF this assignment is executed on the 11th day of September, 1995. TONY BREM, ASSIGNOR STEVE B. RANEY, ASSIGNEE WENDY L. RANEY, ASSIGNEE The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY' OF PARIS, PARIS, TEXAS Eric S. Clifford, Mayor 452 ' � 453 STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared TONY BREM, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND ANTI SEAL OF OFFICE this day of September, 1995. Notary Public, State of Texas Printed Name: Commission Expires: STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared STEVE B. RANEY, 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 SF, AL OF OFFICE this day of September, 1995. Notary Public, State of Texas Printed Name: Commission Expires: STATE OF TEXAS } COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared WENDY L. RANEY, 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 September, 1995. FT-- - - - Notary Public, State of Texas Printed Name: Commission Expires: V the renewal of a lease agreement for _ authorizing to the Chamber Resolution NO. 95 -099' was presented• A motion was made the s interest in the Chamber of Commerce Building royal of the City Inc., of Commerce of Lamar econded Eby Councilman nays- resolution. for approval Councilman Bell, resolution. The motion carried 6 ayes, 4 5 _. RESOLUTION NO. 95 -099 WHEREAS, the City of Paris dirt, by deed dated March 27, 1984, receive a three - tenths (3 /10ths) undivided interest in and to Lots 1, 2 and 2A, City Block 201 -B, upon which the Chamber of Commerce of Lamar County office is K)cated; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of March, 1992, in Resolution No. 92 -018, zuthorize the execution of a Lease Agreement with the Chamber of Commerce of Lamar County, Inc. for the City's undivided interest in and to said property, which lease will expire on the 30th day of September, 1995; and, WHEREAS, the City Council is desirous of continuing to lease its undivided interest in said property to the Chamber of Commerce of Lamar County, Inc. for an additional term of five (5) years, beginning October 1, 1995, and ending September 30, 2000; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement with the Chamber of Commerce of Lamar County, Inc., for the City of Paris' undivided interest in and to Lots 1,'2 and 2A, City Block 201 -B, be, and the same is hereby, approved; and, BE IT FURTIIER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Chamber of Commerce of Lamar County, Inc. upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 11th day of September, 1995. uric `.;. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) LEASE AGREEMENT 456 DRAFT LTAS&NUCnAMBF.Ii.LES September 8, 1995 KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT is made this 11th day of September, 1995, by and between the CITY OF PARIS, a municipal, corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., Paris, Texas, acting by and through its President, William D. Vaughan, duly authorized, hereinafter called LESSEE. WITNESSET1: For and in consideration of'the payment to the CITY OF PARIS, the sum of One and no/100 Dollars ($1.00), and other good and valuable consideration, the CITY OF PARIS does hereby lease, rent and let unto the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. all its undivided interest in and to the property described on Exhibit A, attached hereto and made a part hereof for all legal purposes. The term of this Lease is for five (5) years, beginning on the 1st day of October, 1995, ' and ending on the 30th day of September, 2000. IN CONSIDERATION WHEREOF, it is mutual.y agreed by and between LESSOR and LESSEE: 1 EXHIWIT A 457 1. That LESSEE will use and maintain the described premises for Visitors and Convention Council activities, as permitted by Section 30 -38 of the Code of Ordinances of the City of Paris, and for Chamber of Commerce activities. 2. That LESSEE will be responsible for the maintenance, repair and upkeep of the said premises, ordinary wear and tear excepted. 3. That 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 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 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 hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or de,-:tfi and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, 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 reputable insurance company or 2 —, -- — - -- — - - - -- 45 companies, with LESSOR as an additional insured, 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, 150 1st Street S.E., Paris, Texas 75460, 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 hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written sc that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Ptris, P. 0. Box 9037, Paris, Texas 75461 -9037. 4. 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. 5. 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. 6. That LESSOR shall have the right and privilege of using any portion of said property so leased for functions sponsored by the City of Paris, or any department thereof, which function has been approved by the City Council of the City of Paris, which use shall be conducted on a non - interfering basis with the Chamber of Commerce of Lamar County, Inc.'s activity. 3 rt 459 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 sach notice, then this Lease contract may be terminated at LESSOR's option, and it shale_ be lawful fer LESSOR to re -enter the leased premises and remove all persons, property and effecis therefrom, ail and every claim for damages for or by reason of said re -entry being expressly waived. 8. All notices provided for herein must be made by registered or certified mail, return receipt requested. WITNESS our hands this 11 th day of September, 1995. CITY OF PARIS, PARTS, TEXAS ATTEST: - Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney By: _ Eric S. Clifford, Mayor CTIAMI;ER OF CON Y IItCE OF LAMAR COUNTY, INC. By: William D. Vaughan, President 4 4601 ATTEST: George Struve, Secretary STATE OF TEXAS j COUNTY OF LAMAR ) the undersigned authority, on this day personally appeared ERIC S. BEFORE Ml;, Texas, known to me to be the person whose CLIFFORD, Mayor of the City of Paris, r aris, ame is subscribed to the foregoing instrument, and acknowl�d ned1eocm a that he executed the ncity therein sta ed. same for the purposes and consideration therein expressed an ap GIVE UN DER MY HAND AND SEAL OF OFFICE, this f day of September, 1995. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM D. VAUGI-IAN, President of the Chamber of Commerce oinstrument, and acknowledged to me to be the person whose name is subscribed seshand foregoing consideration therein expressed and in the that he executed the same for the pure capacity therein stated. bday of September, GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ � 1995. Notary Public, State of Texas 5 461. EXHIBIT A TRACT 1 Field notes of a survey of Lots 2 and 2 -A of City Block No. 102 -B, situated within the Corporate Limits of the City of Paris, Lamar County, Texas; being a part of the Larkin Rattan Survey, Abstract No. 778; also being the same prr»Prty. c °scribed in a Deed from Douglas M. Solomon to George D. Solomon, recorded in Volume 523, Page 607, Lamar County Deed Records; said tract being more particularly described as follows, to -wit: BEGINNING at an iron pipe set for r. corner, said point being the southwest corner of Lot 2 of said Block 102 -8; also being a point in the East Boundary Line of 16th Street S.E.; also being a point 63 feet north of the point of intersection of the East Boundary Line of 16th Street S.E. and the North Boundary Line of Clarksville Street; TIIENCE with the East Bound :ry Line of said 16th Street S.E., at 88 feet passing the northwest corner of Lot 2, continuing in all North 0° 55' West a distance of 140.5 feet to an iron pipe set for a corner, said point being the nort'llwest corner of Lot 2 -A; THENCE with the North Boundary Line of Lot 2 -A, North 89° 55' East a distance of 148.5 feet to an iron pipe set for a corner, said point being the northeast corner of Lot 2 -A and being a point in the West Boundary Ling: of 17th Street S.E.; TIIENCE with the West Boundary Line of 17th Street S.E., at 55.7 feet passing the southeast corner of said Lot 2 -A, continuing in all South 0° -06' East a distance c.' 150.2 feet to an iron pipe set for a corner, said point being the southeast corner of Lot 2; THENCE with the South Boundary Line of said Lot 2, North 86° 19' West a distance of 147.1 feet to the place of beginning. TRACT 2 Field notes of a survey of Lot 1 of City Block No. 102 -B, situated within the Corporate Limits of the City of Paris, Lamar County, Texas; being a part of the Larkin Rattan Survey, Abstract No. 778; also being the same property described in a Deed from George D. Solomon to Socony Mobil Oil Company, dated July 29, 1960, recorded in Volume 368, Page 480, Lamar County Deed Records; said Lot 1 being more particularly described as follows, to -wit: BEGINNING at an iron pipe set for a corner, said point being the southwest corner of said Lot 1; also being the point of intersection of the East Boundary Line of 16th Street S.E. and the North Boundary Line of Clarksville Street; THENCE with the East Boundary Line of 16th Street S.E., North 0° 55' West a distance of 63 feet to an iron pipe set for a corner, said point being the northwest corner of said Lot 1; TIIENCE with the North Boundary Line of said Lot 1, South 86° 19' East a distance of 147.1 feet to an iron pipe set for a corner, said point being the northeast corner of said Lot 1 and being a point in the West Boun "ary Line of 17th Street S.E.; THENCE with the West Boundary Line of said 17th Street S.E., South 0° 06' East a distance of 160 feet to an iron pipe set for a corner, said point being the southeast corner of Lot 1 and being the point of intersection of the West Boundary Line of 17th Street S.E. and the North Boundary Line of Clarksville Street; THENCE with the North Boundary Line of a:d (2h.rksville Street, North 53° 50' West a distance of 180.5 to the place of beginning. Resolution No. 95 -100, authorizing the renewal of a contract with the Chamber of Commerce to maintain the Visitors & Convention Council to manage the Hotel Occupancy Tax Funds, was presented. A motion was made by Councilman Boyd, seconded by Councilman Hunt fer approval of the resolution. The motion carried 6 aye -, 0 nays. }, 4621 RESOLUTION NO. 95 -100 WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of March, 1990, in Resolution No. 90 -026, authorize the execution of a contract with the Chamber of Commerce of Lamar County, Inc., to maintain the Visitors & Convention Council for the purpose of managing the Municipal Hotel Occupancy Tax Fund to promote tourism and the convention and hotel industry in the City of Paris, which contract will expire on the 30th day of September, 1995; and, WHEREAS, the City Council is pleased with the accomplishments through the administration of the Visitors & Convention Council and is desirous of renewing the contractual arrangement with the Chamber of Commerce of Lamar County, Inc., for a term of five (5) years, beginning October 1, 1995, and ending September 30, 2000; and, WHEREAS, the form of said contract, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ThIE CITY OF PARIS, that the form of the contract with the Chamber of Commerce of Lamar County, Inc. for maintaining the Visitors and Convention Council, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE ?T FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and lie is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with the Chamber of Commerce of Lamar County, Inc., upon the terms and conditions and in the form shown in Exhibit, A attached hereto. PASSED AND ADOPTED this 11 th day of September 1 5. Eric S. Cliff r , ay r ATTEST: Mattie Cunningham, City Clerk APPROVE AS TO FORM: T. K. aynes, Cil Attorney 463 CONTRACT STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, du'y authorized, hereinafter called CITY, and the z. CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a corporation, acting by and through its President, William D. Vaughan, du!y authorized, hereinafter called CHAMBER, in consideration of the mutual covenants, agreements, stipulations and payments, do hereby contract and agree as follows: 1. That CHAMBER agrees to maintain a Visitors and Convention Council for the purpose of managing the Municipal Hotel Occupancy Tax Fund to promote tourism and the convention and hotel industry in the City of Paris. 7. 2. That CHAMBER shall submit for approval a proposed annual program of work and budget for the Visitors and Convention Council which shall include dedicating three- sevenths (3 /7ths) of the total budget to a convention capital fund to be used for improving, enlarging, equipping, repairing, operating or maintaining the Love Civic Center, to the City Council of the City of Paris each year, on or before April 1, and shall submit for approval any proposed amendment to said program of work a minimum of thirty (30) days before the proposed effective date of such amendment. Approval by the City Council of the City of Paris of the annual budget creates a fiduciary duty in CHAMBER with respect to the revenue provided by the Municipal Hotel Occupancy Tax. EXHIKI A 464 3. That CHAMBFR's established Visitors and Convention 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 liabilities on behalf of CITY. 5. That CHAMBER agrees to hold CITY harmless from any and all claims by third parties for injuries, damages or liabilities that might occur as a result of actions by CHAMBER in connection with this contract. 6. That CIIAMBER 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 CITY under Article III of Chapter 30, Code of Ordinances of the City of Paris, pursuant to the approved program of work. That CITY shall retain five percent (5 %) of the quarterly collections under Article III of Chapter 30, Code of Ordinances of the 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 five percent (5%). CITY shall pay over tax funds collected to CHAMBER within ten (10) days after the collection thereof as provided in Section 30 -40 of the Code of Ordinances of the City of Paris. 46� 8. That money paid to CHAMBER as a result of this contract shall be used only for the purposes enumerated in Section 30 -38 of the Code of Ordinances of the City of Paris. CHAMBER agrees to make periodic reports to the City Council at least quarterly, listing the expenditures made with revenue from the Municipal Hotel Occupancy Tax Fund. 9. That CHAMBER will, at the same time of presentation of the above described quarterly reports, provide a report of its activities with regard to the use of the funds herein provided for in order that CITY may evaluate the results of the promotion and advertising campaign so conducted. 10. That CHAMBER may secure and pay for, out of funds herein provided, the services of individuals or corporations to promote tourism and the convention and hotel industry in the City of Paris. 11. That the term of this contri,�t shall be for a term of five (5) years beginning October 1, 1995, and ending September 30, 2000. Parties must inform each other during the month of March, 2000, as to their intentions to renegotiate an agreement for the administration of the Visitors & Convention Council. Executed on the dates shown in the acknowlc. ,gements Below. By: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS, PARIS, TEXAS Eric S. Clifford, Mayor C11AMBER OF COMMERCE LAMAR COUNTY, INC. By: William D. Vaughan, President ATTEST: George Struve, Secretary STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor 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 IIAND AND SEAL OF Off, ICE this day of September, 1995. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM D. VAUGI-IAN, President, Chamber of Commerce of Lamar County, 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. 1995. GIVEN UNDER MY IIAND AND SEAL OF OFT, ICE this day of September, Notary Public, State of Texas Hire � Resolution No. 95 -101, resolving that emergency medical services be extended to the area of Lamar County, State of Texas, outside the city limits of the City of Paris, upon the terms and conditions stated in the contract, and authorizing f.:;e Mayor of the City of Paris, Eric S. Clifford, to execute on behalf of the City of Paris, Emergency Medical Service Contract with the County of Lamar, State of Texas, was presented. A motion was made by Councilman Neeley, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. Councilman Neeley wanted to know how many ambulances we had in service, that he had heard we only had two. Fire Chief, Steve Burgin, came forward explaining that we maintain two emergency units on call, 24 hours a day, 365 day a year, and they manage real well most of the time, but there are occasions that accidents do occur where we 'lave demands for more than two. Mr. Burgin -` explained that the way the service is set up is during the daytime hours we can instantly put other unit,. on line. We have a two person crew doing transfers, and these people are also cross trained in emergency service. We also have other officers in the department if it becomes necessary they instantly comes in, we have a five person emergency crew, so that on duty extra supervisor person and our training person can immediately man a crew, and then we are cross trained in the Fire Department to where the firefighters are EMT trained which can also put additional crews together. Mr. Burgin said in case of a disaster we have agreements with near -by cities who can respond within an hour. RESOLUTION NO. 95 -101 WHEREAS, the City Council of the City of Paris has been requested by the County of Lamar, State of Texas, to provide the emergency medical services to that area of Lamar County outside the city limits of the City of Paris; and, - WHEREAS, the form of contract to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that emergency medical services be extended to that area of Lamar County, State of Texas, outside the city limits of the City of Paris, upon the terms and conditions stated in the contract attached hereto as Exhibit A, arid that the Mayor of the City of Paris, Eric S. Clifford, >be, and he is hereby authorized and directed to execute on behalf of the City of Paris, Emergency Medical Services Contract with the County of Lamar, State of Texas, in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 1 I th day of September, I Eric S. Clifford,-Mayor ATTEST: Mattie Cunningham, City Clerk �\Wj APPROVED AS TO FORM: i . K. ynes, Ci Attorney 469 EMERGENCY MEDICAL SERVICES CONTRACT STATE OF TEXAS } KNOW ALL MEN BY TIIE+SE PRESENTS: COUNTY OF LAMAR } This contract made and entered into this the 11th day of September, 1995, by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly authorized, hereinafter called CITY; and the COUNTY OF LAMAR, State of Texas, acting by and through its County Judge, duly authorized, hereinafter called COUNTY; hereby contract and agree as follows: 1. CITY covenants and agrees that :,, will furnish and provide adequate emergency medical service vehicles and related emergency medical services to all persons within the County of Lamar, without regard to race, color, sex or national origin. 2. CITY covenants and agrees that it will comply with all safety requirements of the law pertaining to the furnishing of emergency medical services and that all vehicles used as emergency medical service vehicles will be distinctly marked and colored as required by State law and City ordinances. The emergency medical service shall be referred to as "CITY OF PARIS EMERGENCY MEDICAL SERVICE" and the vehicles used in providing said service shall bear the City of Paris decal with the additional words, "serving PARIS and LAMAR COUNTY." 3. CITY agrees that emergency medical service vehicle attendants will be certified by the Texas State Department of I ca .,Wa under the terms of the Emergency Medical Services Act, chapter 773, Vernon's Texas Codes Annotated; that each emergency medical service vehicle shall be staffed with at least two emergency care attendants as required by Section 773.050, Subsection (a) of Chapter 773, Vernon's Texas Codes Annotated. 4. CITY agrees to provide State of Texas Certified EMT Certification, and to possess an in- service training program agreement with one or both of the local hospitals, in compliance with State of Texas continuing education requirements. 5. CITY agrees that each vehicle used as an emergency medical service vehicle shall be equipped with a two -way radio which transmit, and receives on frequencies designated by the FCC. The radio communications to and from-said emergency medical vehicles and central dispatch shall be in coordination with and by the knowledge of the Lamar County Sheriffs Office, HML'ROINCY MNOICAL SERVICKS CON7RACr - Pagc 1 EXHIBIT. A � f . • 4 '� t the Paris Police Department, and McCuistion and St. Joseph Hospitals, with each hospital furnishing its own radio equipment. 6. CITY agrees that all velifcV '98d'f6r emergency service and the equipment contained therein will meet or exceed requirements in accordance with the Health and Safety Code, Chapter 773, and that all emergency medical vehicles and accessory equipment shall be subject to inspection by designated representative of the COUNTY, and if at any time same are not in compliance with the provisions hereof, or if any emergency medical vehicle is in need of mechanical repairs in order to insure its satisfactory operation, the said vehicle must be removed from service. 7. CITY agrees that it will answer all emergency calls within the limits of the City and County, and that no person within the City and County shx 11 be refused emergency service, and further agrees that transfer emergency service when directed by a medical doctor will not be refused, and agrees to deliver patients to McCuistion and St. Joseph Hospital in the following manner: (a) To the hospital that victim, his person physician or next of kin so designate, or (b) To the nearest hospital from the point of pick up of the victim when his personal physician or next of kin cannot respond to the emergency medical vehicle director's inquiry. (c) To the nearest hospital from the point of pickup when life threatening situation exists. 8. CITY agrees that at all times during the effective period of this contract to have procured and kept in force and effect policy or policies of public liability insurance covering each motor vehicle operated under this contract in the minimum amounts of $250,000.00 for bodily injury or death to any one person and $500,000.00 for all persons injured in any one accident or occasion and $100,000.00 for property damages arising out of any one accident or occasion. 9. CITY agrees to furnish the County Judge, Lamar County, an annual operating : statement relating to revenues, expenses, call statistics, and the status of delinquent and uncollectible accounts, and that all non - medical records of the services rendered under this contract, and training and certification records of all employees, be available for inspection and review by such County Judge or his designated representatives, and to furnish a quarterly report in the form of Exhibit A attached hereto. EMI!RCINCY MIMICAL SLRVICIS CCNTRACI• - Page 2 411 10. CITY agrees to operate the emergency medical service operation in accordance with the requirements of State law and applicable requirements of CITY and COUNTY as may be in effect. 11. CITY agrees that it will have a minimum of two (2) emergency medical vehicles which meet the emergency medical vehicle and equipment requirements as set out in paragraph 6 above, manned with a crew of two (2) men each, available to the citizens of the City and County twenty- four(24) hours per day, seven (7) days per week. 12. COUNTY agrees that non - emergency transfer service from points within the City or County to points inside or outside the County will be made at the prerogative of the CITY; that emergency medical service from points outside the County to any destination shall be made at the prerogative of CITY and shall not be cove. ed by this contract. 13. The COUNTY agrees to pay to the CITY forty per cent (40 %) of the actual cost It of providing emergency and transfer ambulance service to be computed through the last day of this contract on a cash basis, with the COUNTY making monthly payments of $28,177.00 monthly towards the estimated 12 month term cost of $338,128.00. The first of said monthly payments to be made on the 1st day of October, 1995, with a like payment being made on the first day of each month thereafter. 14. In the event the charges paid by COUNTY are more than or less than the charge that would have been made based on actual costs, the CITY will furnish calculations to COUNTY during the month of January and COUNTY's monthly payments shah be increased or decreased for the months of February through September by an amount which will eliminate the overcharge or will make up the deficiency. 15. This agreement shall be effective and the term thereof shall commence on the 1st day of October, 1995, and shall expire on the 30th day of September, 1996. 16. It is further understood and agreed that neither th° COUNTY nor any of its agents, servants or employees shall be considered to be in the business of providing emergency medical service, and the relationship between the parties shall not be considered to be that of a partnership or joint venture, and that the status of the CITY shall be that of an independent contractor providing services to the COUNTY and its inhabitants in exchange for the payment of amounts herein set forth. HMPRORNCY MEDICAL SURVIC" CONTRACr - Page 3 17. It is mutually understood and agreed between the parties that the payments made by the COUNTY to the CITY shall in no way, affect the right of CITY to collect the charges hereinafter set out in paragraph 17 from peA6h9 1'6Y- 1&.mergency medical service rendered, and it is expressly understood and agreed that no one shall be entitled to free emergency medical service under this contract, and diligent efforts shall be made to collect accounts outstanding in keeping with good and ethical business practices. 18. It is understood and agreed that charges for services rendered under the scope of this contract within the limits of the CITY and COUNTY shall be per patient, per call, as follows: (a) The following rates are established for emergency medical vehicle service for residents of Lamar County: 1. ADVANCE LIFE SUPPORT (ALS) $215.00 plus $3.50 per mile from point within Lamar County of pickup to point of delivery 2. BASIC LIFE SUPPORT (BLS) $175.00 plus $3.50 per mile from point within Lamar County of pickup to point of delivery 3. OUT OF LAMAR COUNTY $215.00 plus $3.50 per mile from point TRANSFER SERVICE of pickup to point of delivery 4. TRANSFER SERVICE $125.00 plus $3.50 per mile from point within Lamar County of pickup to point of delivery 5. PERSONAL PREFERENCE $300.00 plus $3.50 per mile from point TRANSFER SERVICE of pickup to point of delivery and for to a point outside City of return to point of origin inside City Paris beyond a 125 mile radius Limits 6. IN HOUSE TRANS + E R $60.00 from hospital to treatment facility and return to hospital 7. REQUESTED SERVICE not used $50.00 8. STANDBY $225.00 for the 1st hour and $60.00 each additional hour on an as available, first request first serve basis (b) The following rates are established for emergency medical vehicle service for non - residents of Lamar County: 1. ADVANCED LIFE SUPPORT (ALS) within Lamar County 2. BASIC LIFE SUPPORT (BLS) within Lamar County 3. OUT OF LAMAR COUNTY SERVICE a point outside the city of Paris within 125 mile radius EMEROINCY MEDICAL SERVICES CONTRACT - Page 4 $215.00 plus $3.50 per mile from point of pickup to point of delivery $175.00 plus $3.50 per mile from point of pickup to point of delivery $300.00 plus $3.50 per mile from point of pickup to point of delivery and return to point of origin inside City of Paris 4'7f.1 i•: 47�3 4. TRANSFER SERVICE $125.00 plus $3.50 per mile from point within Lamar County of pickup to point of delivery 5. IN HOUSE TRANSFER $60.00 from hospital to treatment facility and return to hospital 6. REQUESTED SERVICE not used $50.00 (c) A usual, reasonable, and customary charge for medical supplies and service used or required in connection with emergency and non - emergency transfer service shall be made. 19. It is agreed that if any patient dies while enroute to any hospital, the paramedic in charge shall deliver the body of such deceased person to the nearest hospital, and remain there until a medical examiner or licensed medical doctor formally pronounces the subject dead. CITY and COUNTY agree that CITY will not be required io transport any cadavers from any hospital. 20. It is agreed that all calls for emergency medical service that are received by COUNTY shall be referred to the CITY OF PARIS AMBULANCE. SERVICE operated by CITY. 21. In the event that the COUNTY desires to discontinue emergency medical service at the end of this contract, being Sept:;mber 30, 1996, COUNTY shall give written notice to the 4 CITY on or before June 1, 1996, of its desi►e to cancel service. If COUNTY fails to give notice of discontinuance of emergency medical service beyond the end of this contract, CITY will deliver to COUNTY on or before August 31, 1996, rates and contract price upon which it will deliver service, and thereafter on or before October 1, 1996, COUNTY will execute the contract for service for the additional term upon the same terms and conditions as stated herein. CITY OF PARIS, PARIS, TEXAS Eric. S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney EMERGENCY MEDICAL SERVICES CON17RACP - Pagc 5 - - -. - - - - - - - r ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney LMLROINCY MIMICAL SL +RVIC0 CONTRACT - Page 6 COUNTY OF LAMAR, STATE OF TEXAS Deane A. Louglimiller, County Judge 4! x 0 H N H 7 N Q u x b W O •[ Y H A a -C o A 0. t i r r r ' .-1 .t u M y • �, . � � `+ U u .mot : ,�.� • •E, u u w � 1+ u w U V O x •. U U �c lj/ :1 H ►Ea W H H i-+ � ►Ei 1 FXHIRIT A Resolution No. 95 -102, ratifying the execution of the Texas Parks & Wildlife Department, Texas Recreation and Parks Account Agreement, Paris Municipal Pool, Project Number 50- 00060, .,as presented. A motion was made by Councilman Fulhright, seconded by Councilman Hunt for approval of the resolution. The motion carried 6 ayes, 0 nays. 1 At, RESOLUTION NO. 95 -102 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 95 -017 authorize an application to be made to the Texas Parks & Wildlife Department for the Texas Recreation & Parks Account (TRPA) Program, grant; and, WHEREAS, the Texas Parks & Wildlife Department has approved the City of Paris' proposal for TRPA Grant for the "Paris Municipal Pool, Project Number 50- 00060 ", in the total amount of $285,750.00 requiring local matching contribution of $285,750.00 which may include in kind services, land and funds; and, WIIEREAS, acceptance of the same must occur by September 15, 1995, to avoid the loss of the grant; and, WIIEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris execute the agreement and supporting documents in order to avoid the loss of said grant; and, WHEREAS, the City Manager of the City of Paris did heretofore execute the Texas Recreation and Parks Account Agreement, General Provisions Texas Recreation & Parks Account Program Project Agreement, Texas Parks and Wildlife Department Certificate of Land Dedication for Park Use Texas Recreation and Parks Account Program and Summary of Guidelines for Administration of Local Park Grant Assistance Projects, attached hereto as Exhibits A, B, C and D, on September 5, 1995, which execution should be in all things ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Texas Recreation & Parks Account Program grant for the Paris Municipal Pool, Project Number 50 -00060 be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the execution of the Texas Recreation and , Parks Account Agreement, General Provisions Texas Recreation and Parks Account Program Project Agreement, Texas Parks and Wildlife Department Certificate of Land Dedication for Park Use Texas Recreation and Parks Account Program and Summary of Guidelines for Administration of Local Park Grant Assistance Projects, attached hereto as Exhibits A, B, C and D, by the City Manager of the City of Paris on the 5th Day of September, 1995, is hereby ratified. PASSED AND ADOPTED this 11th day of September Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City C rk APPROVED S TO FORM: T. K. Hay s, City Attorney 4% 477 TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT (Revised August 31, 1995) Project Name and Number: PARIS MUNICIPAL POOL, Project Number 50 -00060 Project Period: TPWD Approval Date to 09 -01 -98 Total Project Cost: $571,500.00 PROJECT DESCRIPTION (SCOPE): Approved State Funds: $285,750.00 The City of Paris will develop a 4.14 acre Municipal Pool site to include a swimming pool, wading pool, shade shelter, sand volleyball court, pavilion, 3 picnic tables with grills, bathhouse /storage building, utilities, roads, parking, and signs. Municipal Pool is located on Clement Road off Loop 286 in the north area of the city. Pre - agreement costs incurred from January 31, 1995 to the date of project approval in the amount not to exceed $36,400 shall be allowable. Final TNRCC clearance or permit must be obtained prior to reimbursement of grant funds. For and in consideration of the mutual covenants and b•nerits hereof, the Texas Parks and Wildlife Department ( "Department ") and th , 'Sponsor" hereby contract with respect to the above described p,sject as follows: 1. The Sponsor is obligatea to adhere to all requirements established for the Texas Recreation and Parks Account Program including program guidelines set out at 31 TAC Sac.-6'.132 - 61.137. 2. No work on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report for a period of five years following the project completion providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent fund acknowledgement sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. S. The General Provisions dated September 1994 attached hereto are hereL'y'rr lda part of this agreement 7. The Summary of Guidelines for Administration of Local Park Grant Assistance Projects dated September 1994 attached hereto is hereby made part of this agreement. 8. The Agreement is effective upon execution by the Department. TEXAS PARKS D WIL LIFE DEPARTMENT by - ( /,Z, 51 r Tim Hogsett, Chief. Grants -In -Aid (Project Approval Date) (TRPA- Rev.8 /95) CITY OF PARIS POLITICAL SUBDIVISION (SPONSOR) by Michael E. Malone City Manacler EXHIBIT E-? J- (Date) GENERAL PROVISIONS TEXAS RECREATION & PARRS ACCOUNT PRGGRAM PROJECT AGREEMENT September 1994 Part I - Definitions A. The term "Department" as used herein means.the Texas Parks L Wildlife Department or any representative delegated authority to act on behalf of the Department. B. The term "Project" as used herein means a single project which is the subject of this project agreement. C. The term "Sponsor" as used herein means the political subdivision which is party to the project agreement. D. The term "TRPA" as used herein means the Texas Recreation & Parks Account Program. E. The term "Procedural (aide" as used herein means the Procedural Guide for the Texas Recreation & Parks Account Program- Part 11 - Continuing Assurances - The parties to the project agreement specifically recognize that the Trxbs Recreation & Parks Account assistance project creates an obligation to.maintain the properly described in the project agreement consistent with the Texas Recreation & Parks Account Procedural Guide, and the following requirements: A. B. The sponsor agrees that the benefit to be derived by the State of Texas from the fult compliance by the sponsor with the terms of this agreement is the preservation, protection, and the net increase in the quality of public recreation facilities and resources which are- available to the people of the State, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. C. The sponsor agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention, operation & Maintenance Responsibilities guidelines of the Procedural Guide. D. E. Nondiscrimination 1. The sponsor shall comply with the terms of this agreement in the preservation, protection, and the net Increase in the quality of public recreation facilities and resources which are available to the people of the State, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. 2. The sponsor shall comply with Title Vi of' the Civil Rights Act of 1WA, which in part, (a) prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant -aided facility. (b) prohibits discriminating against.any person on the basis of residence. Part I I I - Project Assuranc m A. Applicable Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including State Uniform Grant and Contract Management Act of 1981 (Revised 2/22/90), Federal office of Management and Budget Circulars A -102 (uniform administration requirements for grants- in -sid to State and Local governments), OMB A-87 (Cost principles applicable to grants and contracts with State and Local governments), and TRACS (Texas Review and Comment System) as they relate to the application, acceptance and use of State funds for grant assisted projects. • EXHIBIT 8 (Page 1 of 4) 479 B. Project Application 1. The Application for State Assistance bearing the same project rxmber as the agreement and associated documents is by this reference made a part of tot agreement. 2. The sponsor possesses legal authority to apply for the grant and to finanr:n and construct the proposed facilities. A resolution, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the sponsor to act in contiection with the application and to provide such additional information as my be required. 3. The sponsor• has the ability and intention to finance the non -State share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution 1. The project period shall begin with the &,•.e of approval of the project agreement or the effective date Of A waiver of retroactivity and shalt terminate at the end of the stated or amended project period unless the project is completed or terminated sooner, in which end on event the project period shall the date of completion or termination. 2. The sponsor will cause work on the project to be cortmenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 3. The sponsor will require the facility to be de signed to comply with the minimaia requirements for accessibility for the handicapped in conformance with the Texas Architectural Barriers Act (Article 9102 - Texas Civil Statutes), and the Americans with Disabilities Act of 1990 (PL 101 -336). The sponsor wilt be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 4:. The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all Federal, State, and local laws and regulations. 5. In the event the project covered by the project agreement cannot be completed in accordance with the Plans and specifications for the project, the sponsor shall bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department. 6. The sponsor wilt provide for and maintain competent and adequate architectural orand inspection at the construction site to ensure that the completed work conforms with9theapproved Plans and specifications. 7. The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks & Wildlife Commission aoprovat. 8. The sponsor will comply with the provisions of: . Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to th prevention, control, and abatement of water Pollution; Executive Order 11990, relating to the protection of wetlands; and the Flood Disaster Protection Act of 1973 (P.L. 93 -234) 87 stat. 975. 9. The sponsor will Assist the Department in its compliance with the Texas Antiquities Code (Revised 9/1/87) by (a) consulting with the Texas Antiquities Committee on the conduct of investigations, as necessary, to identify properties listed in or eligible for listing as State Archeological Landmarks, and to notify the Department of the existence yr ar/ .cc4 properties, and by (b) effects complying with allrequirements established by the Department to avoid or mitigate adverse upon such D. Construction Contracted for by the sponsor she;t meet the following requirements: 1. Contracts for construction in excess of s15,000 shall be awarded tirough s process of co►petitive bidding involving format advertising, with adequate purchase descript ion, sealed bids, and public openings. Copies of all advertisements, bids and a copy of the contract shall be provided the Department. 2. The sponsor shall inform all bidders on contracts for construction that TRPA funds are being used to assist in construction. 3. Written change orders shalt be issued for all necessary changes in the facility being constructed. Such change orders shall be st- 4)mitted to the Aepartment for review And, if approved, shall be made a part of the project file and should be kept available for audit. 4. The sponsor shall incorporate, or r3use to be incorporated, into all construction contracts the following provisions: (Page 2 of 4) 0 0 During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, gender, or national origin. The contractor will take affirmative action to ensure that applicants are enployed, and that employees are treated during employment without regard to their race, religion, color, gender or national origin. "(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. ". "(3) The contractor will send to each 'labor union or representative. of workers with which he has a collective bargaining agreement or other contract dr understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 169 (1974), and shall post copies of notices in conspicuous places available to employees and applicants for employment." "(4) The contractor will comply with all provisions of Executive Order No. 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor." "(5) The contractor will furnish m.t information and reports required by Executive Order No. 11246, as amended, and by the rules, regulations, and order of the secretary of Labor, or pursuant thereto,' and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders." "(6) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders; this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorizes: in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246, as amended, or by rule, regulations, or order of the secretary of Labor, or as otherwise provided by taw." "(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contract wilt take such action with respect to any subcontract or purchase order as the contracting agency may direct as means of enforcing such provisions, including sanctions•'for noncompliance: *Provided, however., that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by'the contracting agency, the contractor may request the United states to enter into such litigation to protect the interests of the United States." E. Conflict of Interests 1. No official or employee of the State or local government who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal Interest in any such contract. 2. No person performing services for the State or local. goverment in connection with this project shall have a financial or other personal interest other than his employment or retention by the State or local government, in any contract of subcontract in connection with this project. No officer or employee of such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the Participant. F. Project Costs Project Costs eligible for assistance shall be determined upon the basis of the criteria set forth by the TRPA Grants Manua(. G. Project Administration 1. The sponsor.shalt promptly submit such reports and documentation as the Department may request. II. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained for a period of three years after final payment; except the records shalt be retained beyond the three -year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditures report for the project. 3. Microfilm copies are authorized in lieu of original records. • 4 8 1 he Department, State Comptroller of Public Accounts, State Auditors Office, or any of their duly authorized representatives, shalt -Pave access to any books, documents, papers, and records of the sponsor which are pertinent to a specific project for the purpose of making audits, examination, excerpts and transcripts. t. Project Termination 1. The Department may temperarily suspend TRPA assistance under the project pending corrective action by the sponsor or pending a decision to terminate the grant by the Department. 2. The sponsor may urnitaterally terminate the project at any time prier to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the sponsor only by mutual agreement with the Department. 3. The Department my terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the sponsor has failed to comply with the conditions of the grant. The Department wilt promptly notify the sponsor in writing of the determination and the reasons for termination, together with the effective ~ate. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Department or sponsor may terminate grants in whole, or in part, at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial — results commensurate with the furthe- expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portions to be terminated. The sponsor ahall not incur new obligations for the terminated portion after the effective date, and shalt cancel as many ou"tanding obligations as possible. The Department may allow full credit to the sponsor for the State share of the non - cancelable obligations, properly incurred by the sponsor, pending written receipt of the determination and the reasons for termination, together with the effective date. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the sponsor and the Department, or that all funds provided by the Department be returned. t J. Noncompliance In the event that the sponsor does rx;t comply with provisions as set forth in the grant contract agreement and Procedural Guide regarding both active project compliance and compliance at previously assisted grant sites, the following actions may be taken: 1. The Department may withhold payment to the sponsor; 2. The Department may withhold action on pending projects proposed by the sponsor; 3. If the above actions do not achieve program compliance, the Department may involve the State Attorney Generalos Office, pursuant to Section 24 of the Parks L wildlife Code. r r r t • • • e : • I have read the General Provisions and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation L Parks Account Program. It is also understood that the General Provisions are part of the grant contract agreement. Signature of Official Authorized in Resolution Michael E. Malone, City Manager of Paris (Name and Title) i �.- (Date) (Page 4 of 4) I A 8 2 TEXAS PARKS AND WILDLIFE DEPARTMENT CER QF L ND DEDICATION -FOR PARK USE TEXAS RECREATION AND PARKS ACCOUNT PROGRAM This is to certify that a permanent record shall be kept in the CITY OF PARIS public property records and be made available for public inspection to the effect that the property described in the scope of the project Agreement for Municipal Pool, Project Number 50- 00060, and the dated project boundary map made part of that Agreement, has been acquired or developed assistance and that it cannot be converted to other with Texas Recreation and Parks Account than public recreation use without the written. approval of the Texas Parks and Wildlife t P Department. (Rev. 8 -95) ITY OF PART POLITICAL SUBDIVISION SIGNATURE Michael E Malone City Manager (Type or Print Name and Title) Date t EXHIBIT C 483 TRPA Grants Kanial Attachment 675.5A S"MY OF GUIDELINES FOR ADMINISTRATION OF LOCAL P GRANT ASSISTANCE PROJECTS -September 1994 The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted Guidelines for Administration of Local Park Grant Assistance Projects, to read as follows: Policy. it is the Commission's policy that the Department shall administer local projects in accord with the following guidelines, with Interpretation of intent to be made to provide the greatest number of public recre-ationat opportunities for citizens of Texas. In keeping with this policy, local projects WILL not be approved from both the Texas Recreation & Parks Account, and the Federal Land and Water Conservation Fund Program unless extraordinary circumstances dictate that high priority public needs WILL not be met without the full or partial funding of both programs. 1. Local administrative costs shall not be considered as eligible Local matching funds unless circumstances dictate that high priority public needs will not be met without the full or partial benefit of such in- kind contribution. 2. Approved projects shalt be pursued in a tincty manner by the sponsor, unless delays result from extraordinary circumstances beyond the sponsor's control. Failure to meet the intf.,.,i— «:...- . ----- __ -- 2E9iects' -' •w� ����ai rant iUnaS for new ACTIVITY TIME FRAME • Commission approval r Begin 3 -year project period • Pre - Contract Documentation (404 and /or water Commission Within 6 months after Permits, Cultural Resources Survey Commission approval end Clearance, ROW Abandonment, lease /joint-use agreement execution) • Grant Agreement Execution Within 6 months after Commission approval • Quarterly Status Reports Due every 90 days after commission approval • Appraisal Approval Within 6 months of grant agreement execution • Land Acquisition Within 9 months after appraisal approval • Construction Plan Submission Within 6 months of land acquisition for projects Involving acquisition; or Within 6 months of contract execution for development only projects • Periodic Reimbursement Billings Should be submitted every 90 days if possible (minimum $5,000 request) • Project Comptetion and Grant Close-Out Within 3 years after Commission approval (Page 1 of 2) vvA 76 FF lmm � 484 SAT y OF ADHINIST -0110N GUIDELINES Contirx)ed 3, Determinations as to whether the Deportment wilt award new grant funds to applicants having either active park grants.or completed park grants wilt be based on the following criteria' mist be in - crptiance with all the terms 9 the able Land All previously comco tr park grant projects Recreation & Open Space Fund; and Texas Recreation & Provisions i_ signs of the contract agreement under which they received assistance and a app Water Conservation Fund; Texas Local Park, Parks Account Program Guidelines; and appraisals construction plans and cored project documentation (such as seapp) must be complete and have been for active grants, all required specifications, quarterly status reports and reimbursement requ received on schedule, if due; and rcent All active projects which are t�teast two years old mist be reimbursed for a minimum fifty Pe of the approved grant amount roved grant funds which have not been reimbursed may not exceed S1 million for all The total of app _ active grant Projects. R NEW GRANTS Wllt BE MADE ON JUNE 1 FOR THE JULY 31ECSUBMISSION THE 0 HEFT ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING JUN GI FOR FUNDS. ASSESSMENT OF FAILURE 7 _---- ABOVE CRITERIA iN CONJUNCTION WITH REQUESTS F THE JANUARY 31 SUBMISSION DEADLINE, AND ON DECEMBER 1 FOR APPLICATIONS RECEIVED novel If a project . DEADLINE. recoamend new grant fund app be Contingent upon certain Under extenuating circumstances Department staff ant aw to the Parks and Wildlife Commission. sponsor has not met all of the in criteria. aff recommendations raward, however, may Commission- conditions which will be specified � f * A t � the Summary responsible for compliance with the above conditions ss a have read of Guidelines for Administration of Local Park Grant Assistance Projects and understand I ha or which I represent will be respo that the Project sponsor part of the grant result of the receipt of grant assistancao'" the local Park Grant Assistance Projects Paiinderst t a the Summary of Guidelines for Administration contract agreement. ignat re of Official Authoriz in Resotution Michael E. Malone, City Manager of Paris Name end Title Date (Page 2 of 2) TT No. 95 -103, authorizing the execution of the Grantee Resolution rehensive, Acceptance Notice for the Law Enforcement /Detection /App Councilman No. SA- 96 -TO1 -0995, was presented. A motion rovalmofh et y resolution. Fulbright, seconded by Councilman Bell for app The motion carried 6 ayes, 0 nays. 481 RESOLUTION NO. 95 -103 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 95 -056 authorize an application to be made to the Office of the Governor, Automobile Theft Prevention Authority Fund grant; and, WHEREAS, the Office of the Governor has issued its Grant Award, entitled, "Law Enforcement /Detection /Apprehension" No. SA- 96 -T01- 09095, for the year beginning September 1, 1995, ending August 31, 1996, in the total amount of $128,533.00 with no matching funds; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on august 21, 1995; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award for the City of Paris Police Department's participation in the Automobile Theft Program; NOW, THEREFORE, BE IT RESOLVED BY THE CIT'A" COUNCIL OF THE CITY OF PARIS, that the Automobile Theft Prevention Authority Fund Grant entitled, "Law Enforcement /Detection /Apprehension ", No. SA- 96 -TO1 -09095 be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris, the Grant Acceptance Notice in the form of Exhibit A attached Hereto. PASSED AND ADOPTED this 11 th day of September, 1995. Eric S. Clifford, Mayor - ATTEST: Ma%Cu nning ham, City Cl k APPROVED AS TO FORM: T. K. Haynes, Cit Attorney �- GRANTEE ACCEPTANCE NOTICE m±m1 01 111 R, AGRE rimM NT: That whereas City of Paris ' hereinafter referred to as Grantee, has heretofore submitted oea,grant onapplication to the Governor's Office, State of Texas, entitled Law Enforcement /D and and further identified by grant number SA-96 T01-09095. , Whereas, the Governor of the State of Texas has approved the grant ap l c 1995 as evidenced contained Statement of Grant Award from the Governor's Office dated AUG certain special requirements; and Whereas, the Grantee desires to accept til egrantb award, e Stir emei t of Grat and Grant dontract Management Standards, and special requirements as Y Now, therefore, the Grantee accepts the pcalaforementioned in the giant application Uniform a Statement of and Contract Management Standards and spec Grant Award as evidenced by the agreement) executed byot tl�epofficiall s sut�cessorf as presiding officer e official authorized to sign the original grant application, and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate submission of adjustments pertaining to both officer to and coordinate and be solely responsible for sub b financial elements of the application) * and the POSITION authorized to submit adjustments is w, B. Anderson NON - LOBBYING CERTIFICATION: rce or We, the undersigned, certify that no of the grant all funds, ued regardless l of their o fluence they outcome of any including local cash assumption of cos election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certificatio!� stall fundi g from immediate he Governors Office, f funding of the project and the grantee shall not be eligible for fu g Criminal Justice Division. 199.5 Date: September 11, Certified By: Signature of Project Director Karl Louis, Chief Police Dent. Name & Title(must print or type) S11 Bonham Official Agency Address (street or post office box) Paris TX 75460 (903)7d5-7511 City /Zip Code /Telephone Number S .,gnature of Financial Officer E. Anderson, Director of Finance' Name & Title(must print or type) P, n. Box 9037 Official Agency Address(street or Qost office box) Paris, T K 75461 (903). 785 -7511 City /lip Code /Telephone Number Signature of Authorized Official _ Michael E, - Mt n Malone, City llanager N pme.& Title(m U3l t or type) 0, Box - Official Agency Address(street or post office box) Paris, TX 75461 (903) 785 -7511 City /Zip Code /Telephone Number r- AHIBITA 487 GRANT NUMBER: SA- 96 -TO1 -09095 GRANT PERIOD: 09/01/95 - 08/31/96 YEARS FUNDED: 2 STATEMENT OF GRANT AWARD GRANTEE: City of Paris TITLE: Law Enforcement /Detection /Apprehension PROGRAM FUND: AUTO THEFT PREVENTION AUTHORITY FUND AWARD AMOUNT -- STATE: $ 128,533 FEDERAL: y 0 TOTAL AMOUNT: $ 128,533 GRANTEE MATCH -- CASH: $ 0 IN-KIND: $ 0 TOTAL MATCH: $ 0 TOTAL PROJECT COST: $ 128,533 The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the CJD Grant Application and Admin- istration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Office of the Governor, Criminal Justice Division. Applicable spe- cial conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE REQUEST FOR FUNDS All grantee requests for funds shall be submitted to CJD, to the attention of the Accounting Department, in accordance with the instructions provided by CJD and shall be in the form required by CJD. Requests for funds will not be honored until all special conditions outlined on the Statement o£ =rant Award and that required action on the part of the grantee have been satisfied. FUTURE FUNDING - Approval of the above- referenced grant does not commit the Governor's Office to future funding. Any such funding shall be determines by the state plan or guide under which application may be made, by all applicable policies and procedures promulgated by the Governor's Office, Criminal Justice Division, and /or federal guidelines, and by the ap- propriation of funds. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the appli- cable Criminal Justice Rule contained in the Grant Application and Administration Guide- lines for this specific program fund. SPECIAL CONDITIONS /REQUIREMENTS: 1. District Attorney Contract AuG 2 1 m5 AWARD DATE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION POST OFFICE BOX 12428, AUSTIN, TEXAS 78711 512/463 -1919 } I Date: 07/26/95 Time: 10:59:40 GRANT NUMBER: SA- 96 -TOl -09095 OFFICE OF THE GOVERNOR CRIMINAL JUS'T'ICE DIVISION APPROVED BUDGET SUMMARY APPLICANT: City of Paris TITLE: Law Enforcement /Detection /Apprehension PROGRAM FUND: AUTO THEFT PREVENTION AUTHORITY FUND GRANT PERIOD: 09/01/95 through 08/31/96 M S REGION NUMBER: 0500 YEAR OF FUNDING: 2 BUDGET DETAIL: A. Detective Sergeant 100 $33,740; Investigator 100V $27,385% Overtime $9,169; Plus Fringe Benefits of $20,825• C. In- state: Board Meetings, Workshops, & presentations $1,250; Investigation & Training $750. ter $622; Laptop Computer $3,464; Computer D. Computer $1.,439; Ink Jet Prin Equipment $378; Radio $433. or $13,800; Vehicle Fuel $3,200; Training Tuition F. Vehicle Lease 2 @ $575 /mo, lies 000. Office Supplies $90; Vehicle Insurance $800; Impound & Storage FSQOI$postage $50; Film $200; Pager Lease $780; Mobile Phone Airtime $1,500; $238; Confidential Funds Developing $1,820; Wrecker Fees $600; Field Supplies $5,000. Resolution No. 95 -104, authorizing e ug execution of the Acceptance Notice for th SF- 96 -S11- 086321) was presented. a A motion �resolutionnciThe motion seconded by Councilman Boyd for approval of the carried 6 ayes, 0 nays. - _ AMOUNT REQUESTED: AMOUNT RECOMMENDED: $ 0 $ 130,183 State: $ 128,533 Federal: BUDGET SUMMARY: INKIND TOTAL CJD /FED CASH TOTAL CASH MATCH PROJECT FUNDS MATCH 0 $ 91,119 $ 0 $ 91,119 A. PERSONNEL $ 91,119 $ 0 0 : 0 0 0 2,000 B. PROF & CONTR 2,000 0 2,000 p 0 C. TRAVEL 6,336 0 6,336 6,336 0 0 D. fiQUIPMENT 0 0 0 0 29,078 E. CONSTRUCTION 0 29,078 0 F. SUPPL & DOE 29,078 0 0 0 p 0 $ 128,533 G. INDIRECT COST $ 128,533 $ 0 $ 128,533 $ TOTAL BUDGET DETAIL: A. Detective Sergeant 100 $33,740; Investigator 100V $27,385% Overtime $9,169; Plus Fringe Benefits of $20,825• C. In- state: Board Meetings, Workshops, & presentations $1,250; Investigation & Training $750. ter $622; Laptop Computer $3,464; Computer D. Computer $1.,439; Ink Jet Prin Equipment $378; Radio $433. or $13,800; Vehicle Fuel $3,200; Training Tuition F. Vehicle Lease 2 @ $575 /mo, lies 000. Office Supplies $90; Vehicle Insurance $800; Impound & Storage FSQOI$postage $50; Film $200; Pager Lease $780; Mobile Phone Airtime $1,500; $238; Confidential Funds Developing $1,820; Wrecker Fees $600; Field Supplies $5,000. Resolution No. 95 -104, authorizing e ug execution of the Acceptance Notice for th SF- 96 -S11- 086321) was presented. a A motion �resolutionnciThe motion seconded by Councilman Boyd for approval of the carried 6 ayes, 0 nays. - 489 RESOLUTION NO. 95 -104 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 95 -016 authorize an application to be made to the Office of the Governor, Criminal Justice Division for a Criminal Justice Planning Fund (421 Fund) grant for the hiring of a juvenile officer /juvenile gang officer; and, WHEREAS, the Office of the Governor, Criminal Justice Division has issued its Grant Award, entitled, "Juvenile /Gang Officer ", No. SF- 96 -S11 -08632 for the year beginning September 1, 1995, ending August 31, 1996, in the total amount of $42,455.00, being 100% of the estimated cost of hiring a juvenile officer /juvenile gang officer along with related expenses; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on August 21, 1995; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to improve the Criminal Justice Planning (421) Program in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY TI!',. CITY COUNCIL OF THE CITY OF PARIS, that the Criminal Justice Planning Fund (421) Fund) grant entitled, "Juvenile /Gang Officer ", No. SF- 96 -S11 -08632 be, and the same is hereby, accepted. BE IT FURTIIER RESOLVED, that the City Manage: of the City of Paris, Michael E. Malone, be, and he is hereby ?,,thr ri°ed and directed to execute on behalf of the City of Paris, the Grant Accep'Lunce Notice in the form of Exhibit A attached hereto. PASSED AND ADOPTED this i ith day of September, 1995. ATTEST: Mattie Cunningham, City Cler:: APPROVED AS TO FORM: T. K. Haynes, Gify Attorney Eric S. Clifford, Mayor OFFICE OF TIIE GOVERNOR } George W. Bush ' Governor GRANTEE ACCEPTANCE NOTICE 49( CRIMINAL JUSTICE DIVISION Karen I Greene Executive Director AGREEMENT: That whereas, C'i , ty of Paris' hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Juvenile /Gang Of icer and further identified by grant number SF -96 -511- 08632_; and Whereas, the Governor of the State of Texas has approved the grant application as evidenced by he contained Statement of Grant Award from the Governor's Office dated --AUG certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements sthe�afo eme ltioned Statement of Grant tement of GrantAward, the Uniform Grant Now, therefore, the Gran and Contract Management Standards and special ex executed b the project grant ectorl, the financ al officer, and the Grant Award as evidenced by the agreeme y official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee, Nov, therefore, the Grantee shall designate ission of adrustments pert fining to both officer to and coordinate and be solely responsible for s financial elements of the application; and the POSITION authorized to submit adjustments is 41. E. Anderson NON - LOBBYING CERTITICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification result g froimmediate e Governor Criminal Office, f funding of the project and the grantee shall not be eligible for Criminal Justice Division. 1995. Date: September 11, Certified By: Signature of Project Director Tommy Haynes, Project Coordinator Nzme g-, T tie m t [ or type) O ncy Address(street or ppost office box) Paris, TX 75461 (903) 735 -7511 City /Zip,Code/Telephone Number Signature of Financial Officer E. Anderson, Director of Financ lYaI �& �iolX(rit si �nnt or type) Official AgencyyAdidr ss street or ost o face box) Paris, Tx 7546 :903) 7p85 -7511 City /Zip Code/Telephone Number Signature of Authorized Official Michael E. Malone, City Manager Name & Title(must print or type) p. 0. Box 9017 Official Agency Address(street or post office box) Paris , TX 75461 (903) 785 --7511 City /Zip Code /Telephone Number EXHIBIT A 491 OFFICE OF TIIE GOVERNOR George W. Bush Governor GRANT NUMBER: SF- 96 -Sll -08632 GRANT PERIOD: 09/01/95 - 08/31/96 YEARS FUNDED: 1 R; ig:. ., , 1. b STATEMENT OF GRANT AWARD CRIMINAL .JUSTICE DIVISION Karen J. Greene Executive Director GRANTEE: City of Paris TITLE: Juvenile /Gang Officer PROGRAM FUND: CRIMINAL JUSTICE PLANNING FUND AWARD AMOUNT -- STATE: $ 42,455 FEDERAL: $ 0 TOTAL AMOUNT: $ 42,455 GRANTEE MATCH -- CASH: $ 0 TOTAL MATCH: $ 0 TOTAL PROJECT COST: $ 42,455 The approved budget is reflected in thL attached Approved Budget Summary. This grant is sub7'ect to and conditior.ad upon acceptance of the CJD Grant Application and Admin- istration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Office of the Governor, Criminal Justice Division. Applicable spe- cial conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE REQUEST FOR FUNDS All grantee requests for funds shall be submitted to CJD, to the attention of the Accounting Department, in accordance with the instructions provided by CJD and shall be in the form required by CJD. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and that required action on the part of the grantee have been satisfied. FUTURE FUNDING Approval of the above- referenced grant does not commit the Governor's Office to future funding. Any such funding shall be deten-ained bX the state Plan or guide under which application may be made, by all applicable policies and procedures promulgated by the Governor's Office, Criminal Justice Division, and /or federal guidelines, and by the ap- propriation of funds. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the appli- cable Criminal Justice Rule conta ,4ned in the Grant Application and Administration Guide- lines for this specific program f;:.nd. SPECIAL CONDITIONS /REQUIREMENTS: AUG 2 1 1995 /J. AWARD DATE W GEOR( W. BUSH OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION POST OFFICE BOX 12428, AUSTIN, TEXAS 78711 512/463 -1919 I Special Cendition Grants With Law Enforcement Agencies 492 As is required by article IX, section 51, of the general appropriations bill enacted by the 74th Legislature, regular session (Acts 1995, 74th Leg., ch. 1063, effective September 1, 1995), none of the funds appropriated may be expended for grants to taw any law enforcement enforcement agency regulated by Chapter 415, Government Code, unless (1) the agency requesting the grant is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Government Code, or (2) the Texas Comssion on Law Enforcement Officer mi Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. Date: F� A A /95 Time: 08:26:29 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY GRANT NUMBER: SF- 96 -S11 -08632 APPLICANT: City of Paris TITLE: Juvenile /Gang Officer PROGRAM FUND: CRIMINAL JUSTICE PLAT,'NING FUND GRANT PERIOD: 09/01/95 through 08/31/96 AMOUNT-RECOMMENDED: - State: $ 42,455 Federal: $ 0 BUDGET SUMMARY: CJD /FED CASH FUNDS MATCH REGION NUMBER: 0500 YEAR OF FUNDING: 1 AMOUNT REQUESTED: $ 42,455 TOTAL PROJECT A. PERSONNEL $ 36,316 $ 0 $ 36,316 B. PROF & CONTR 0 0 0 C. TRAVEL 819 0 819 D. EQUIPMENT 0 - 0 0 E. CONSTRUCTION 0 0 0 F. SUPPL & DOE 3,720 0 3,720 G. INDIRECT COST 1,600 0 1,600 TOTAL $ 42,455 $ 0 $ 42,455 BUDGET DETAIL: A. Juvenile Officer, $27,130; plus fringe benefits, $9,186. C. Juvenile conference, Austin, $364; and ju-ienile training & education, Austin, $455. F. Office supplies, $150; postage, $50; telephone expense, $100; tuition, $300; and vehicle operating exp., 12,000 mi. @ .26, or $3,120. G. Per CJD Indirect Cost Computation TaLle. 4n1- City Manager Malone said as' you can see for the concluded items of the Agenda, we have been fortunate to receivers grants that are valuable to this community and a benefit to all the citizens of the City. We want to one again reiterate that we have made some improvement in our Police Department through various grants to provide personnel, equipment, and operating expenses to provide service to the citizens, and we are appreciative to the Chief of Police, Tommy Haynes, Gene Anderson, Officer Maroney, and other who have worked on those programs. City Manager Malone said it was our intention to gather up every grant that that can be made available to improve service to citizens and certainly hope in the future we get additional grants, and we will find ways to permanently work these programs into our budget, or to utilize other programs if these become unnecessary and shift the emphasis to other types of law enforcement activities. City Manager Malone congratulated Ms. Pat Cockran, and all of the persons who assisted the Women's Forum of the Chamber of Commerce on their successful fund raiser, which as you know, raised more than $70,000.00 which is $20,000.00 more than their 25% share of the Wade Park Improvement Project. City Manager Malone said this has been one of the most utilized park in the City of Paris, but as you know, we are planning a $200,000.00 improvement if we get the matching grant of $100,000.00, with the City contributing $50,000.00 from Certificates of Obligations. City Manager Malone extended a special thanks to The Campbell Soup Company for their generous contribution of $25,000.00 to this project. City Manager said this does indicate that the quality of life is important to industry when one of your major industries contributes $25,000.00 to support an activity like a park. City Manager Malone advised the Council that we received paper work form the Department of Transportation regarding the Airport Improvement Grant that will be funded in' part by state funds and partly through funds from the Paris Economic Development Corporation. City Manager Malone said that we have had a terminal facility there since the 50's. It has major structurally problems in the sense that you have a old roof, heating and air conditioning system that was not built to be energy efficiency at the time, and it has been estimated in past studies that we might have to spend as much as $150,000.00 to rehabilitate the building, and certainly we are aware of the American with Disability Act requirements of handicap accessible facilities. City Manager said that would also require many thousands of dollars to remodel that facility. City Manager said the City was very fortunate to get a grant through the State of Texas to replace the terminal facility rather than spend a great deal of money on the ofd terminal. City Manager Malone said there was additional money available for improvement of taxiway and other parts of the airport, and they are on a 90% contribution from the state with the City supplying 10 %, with the Paris Economic Development Corporation supplying this also. The total project is $630,000.00 including the taxiway and drainage. The State will provide $407,000.00, and the local share will be $223,000.00. City Manager Malone said also tonight we executed the Grant Acceptance for the Municipal Pool in the amount of $285,750.00 which will be match by $175,570.00 of in kind services and value of the land. City Manager Malone said the land is valued at $159,000.00, and as you know, the City has attempted to sale the land for many years. City Manager pointed out the needs for a pool as there are many people in Paris that do not have a place to learn to swim, there are lakes in the area and 495" people drown in these lakes, so everyone needs to have an opportunity to learn to swim. City Manager Malone said we have a pro- active Police Department and one of the areas of increasing crime is in the juvenile area. City Manager Malone said a number of grants we have received involve programs to address this crime problem with the juveniles. City Manager Malone said the City intents that the pool be operated in a manner where there is some open -.i9 fcr ,people to pay to swim, but there is also going to be program time for the involvement of different organizations in the City for swimming lessons, and all type of activities. City Manager Malone announced that on Monday, October 9, 1995, 1 :00 P. M. there will be a Think Child Safety Benefit Golf Tournament at Paris Gold and Country Club. A motion was made by Councilman Neeley, seconded by Councilman Boyd to adjourn. The motion carried 6 ayes, 0 nays. ERIC S. CLIFFORD, MAYOR ATTEST: MATTIE CUNNINGHAM, CI C MINUTES TRAFFIC COl`1MJSSION Tuesday, September 5, 1995 5:15 o'clock P.M. Council Room - City Hall Paris, Texas Ots AGENDA ITEM # 3-D The Traffic Commission met in regular session Tuesday, September 5, 1995 with the following members present: I. Edward Ellis 2. Billy Trenado 3. George Robinson 4. David Gilbert 5. Ricky Mackey 6. Mary bane The City Staff was represented by Assistant Police Chief James Barnett. Chairman Billy Trenado called the meeting to order at 5:18 P.M. The minutes of the May 2, 1995 meeting were approved as submitted. An election was held for a new Chairman. Ed Ellis nominated George Robinson and Mary Lane seconded the nomination. There being no other nominations a vote was cal- led and George Robinson was elected Chairman 6 ayes to 0 nays. Chairman George Robinson took the chair and called for the election of a Co- Chairman. Ed Ellis nominated Ricky Mackey and Billy Trenado seconded. There being no further nominations a vote was called with Ricky Mackey being elected Co- Chairman 6 ayes to 0 nays. The first item considered was a request for a 20 M.P.H. School Speed Zone on East Houston Street from the East curbline of 31st Street N.E., to the East, to the West curbline of 32nd Street N.E. After discussion Billy Trenado made a motion that the requested school speed zone be approved as requested. Ed Ellis seconded and the motion carried 6 ayes to 0 nays. Next a request for a School Crossing in the 3100 block of East Houston Street at the private road coming from Aikin School was considered. After discussion Ed Ellis made a motion that the requested crossing be recommended. David Gilbert seconded and the motion passed 6 ayes to 0 nays. The third and final item considered was a request for a - No- Parking" Zone -, -on both sides of the street, in the 10 block of W. Long Street from the West curbline of South Main Street, to the West, to the East curbline of 1st Stret,S:Xd. Chief Barnett explained that this request came from Mrs. Joann McGlasson of 1040 S. Main Street, phone number 739 -2617. Their driveway lets out onto W. Long and when vehicles park on this very narrow street they are unable to exit their driveway. The people parking in this area are visiting a house across S. Main and when they try to get them to move their vehicle or vehicles the people become very rude and threatening toward them. The only other exit onto W. Long in this block is from Hodges Garage and the No Parking Zone would not interfere with this exit. After discussion Ed Ellis made a motion that the request be approved. David Gilbert seconded and the motion passed 6 ayes to 0 nays. There being no further business the meeting adjourned at 5:28 P.M. James Barnet t Assistant Chief of Police 497 MINUTES OF THE SPEC ?AL MEETING OF THE CITY COUNCIL September 14, 1995 The City Council of the City of Paris met in Special session, Thursday, Septembers 14, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, aad John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced the first item on the agenda was a Public hearing on the City Manager's Proposed Budget for fiscal year 1995 -1996 for the City of Paris. Mayor Clifford declared the public hearing open on the City Manager's Proposed Budget for fiscal year 1995 -1996, and asked if there way anyone in the audience who would like to speak regarding the proposed budget. Bill Clayton, Executive Director of the Northeast Texas Council on Alcohol and Drug Abuse, 1178 E. Grove Street, appeared before the Council handing out mat,rial and information on the Northeast Texas Council on Alcohol and Drug AJuse. Mr. Clayton told the City Council that they had been in existence since 1973 and they were facing a real critical situation with their council due to funding cuts. Mr. Clayton said the situation where he is at now is asking the City Council to consider helping the Northeast Texas Council on Alcohol and Drug Abuse which he is concerned is a real disaster for them. Mr. Clayton said they have received a significant reduction in their Youth Primary Prevention grant funds which cauc-0 a significant drain on their general fund to maintain the trained professional in this program. Also they have a strong need to provide outpatient counseling to medically indigent clients, but have no current funding from the state to provide this needed service. Mr. Clayton said the drug problem is one of the greatest problem that our society is facing. It is a problem that is here in this community as much as we would like for it not to be, and pointed out that crack is the predominant drug on the scene that 75% of their cases were on crack, with 50% of arrest are drug related by the Paris Police. Mr. Clayton said the United Way has indicated that they feel they are worthy of support, and they are going to come forward with $8,000.00 this year. The County has indicated that they would supply approximately $5,000.00, and that is what he was asking from the City. Mayor Clifford said he wouI'd see that Mr. Clayton is placed on the agenda as an action item. Mayor Clifford explained that the Council was so far into the budget process, that he has received assurances that if it is the Council's desire to fund this as you have requested, that there are transfers that could be made from existing accounts. Mr. Clayton assured the Council that they would be glad to provide services to the community and particularly the city government in the form of providing some free AP services to any employees that are 49- ...wHr . . M..:.a having crises, provide training. to supervisor to help recognize signs of abuse on the job. No one else appeared, and the public hearing was closed. City Manager Malone announced that the next item was a budget workshop which was placed on the agenda in case there were persons who had requests for the budget, or items that they wished to discuss. City Manager Malone said the Council has been over the budget, so unless any member of the Council wishes to go into a workshop, he recommended that they move on to Agenda Item No.�3. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing the preparation of an ordinance adopting a Budget for the ensuing fiscal year beginning October 1, 1995, and ending September 30, 1996, in accordance with the Charter of the City of Paris. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 95 -037 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, 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 Fulbright, seconded by Councilman Bell for adoption of the ordinance. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Neeley, seconded by Councilman Fulbright authorizing preparation of an ordinance setting the tax rate for the calendar year 1995 for the City of Paris. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 95 -038 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 1995, UPON ALL TAXABLE PROPERTY WITHIN THE SAID CITY OF PARIS, TEXAS, IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH was presented. A motion was made by Councilman Bell, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 95 -039 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, BE AMENDED BY REVISING SECTION 26 -1, OF SAID CODE; PROVIDING FOR EXPANSION OF THE POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1995 499 was presented. A motion was made by Councilman Hunt, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 6 ayes, 0 nays. . . -_ City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance allowing certain employees who have terminated previous memberships in the Texas Municipal Retirement System to deposit the sums so withdrawn plus annual withdrawal charges and allowing undertaking the cost of allowing any such employee credit in such system for all service which such employee had been entitled at date of such withdrawal with like effect as if all such service had been performe.; as an employee of this city and designating an official to certify as to the list of employees who qualify for such buy back. Gene Anderson, Director of Finance, came forward explaining that what the City Council authorized at the last council meeting was for people who had service in some other retirement system other than TMRS would give them time credit only, and what this one does is people who have been members of TMRS in Paris or some other TMRS City. Mr. Anderson said this allow them to repay that amount into the fund plus a 5% penalty per year that they had the money out. Mr. Anderson said we are talking about people with a short period time (less than 5 years). This was done in 1985 and is periodically requested by employees, and at this time we have approximately 20 employees. After further discuss-.on, a motion was made by Councilman Bell, seconded by Councilman Hunt authorizing preparation of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 95 -105, authorizing the transfer of budgetary appropriations as allowed in Section 58 and 70 of the Charter of the City of Paris, was presented. A motion was made by Councilman Bell, seconded by Boyd for approval of the resolution. The motion carried 6 ayes, 0 nays. �r -105 RESOLUTION NO. WHEREAS, certain expense and capital outlay accounts in the 1994 -95 fiscal year Budget in the amounts shown therein as follows: GENERAL FUND GENERAL GOVERNMENT City Council $26,000.00 City Attorney $ 5,000.00 City Clerk $ 3,000.00 PARIS BAND $ 1,000.00 TOTAL $35,000.00 have experienced expenditures in excess of budget appropriations; and, WHEREAS, the following account in the amount shown therein as follows: GENERAL FUND Line Item Account No. 01 -90 -00 -0000 (Contingency) $35,000.00 is unencumbered; and, If WHEREAS, the City Manager does, within this the last three months of the fiscal year, request that the City Council transfer the 2nd mentioned above described unencumbered appropriation balances to the first mentioned above over expended accounts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Director of Finance, W. E. Anderson, be, and he is hereby authorized and directed to transfer from the following account the amount shown therein: GENERAL FUND Line Item Account No. 01- 90- 00- 0000(Contingency) to be credited respectively to the following accounts: GENERAL FUND GENERAL GOVERNMENT — City Council $26,000.00 City Attorney $ 5,000.00 City Clerk $ 3,000.00 PARIS BAND $ 1,000.00 $35,000.00 TOTAL $35,000.00 504 J�}1. PASSED AND ADOPTED this 14th day of September, 1995. Eric S. ford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. Haynes, City Attorney 4- Councilman Hunt requested that he be excused due to conflict of interest regarding the next item on the agenda. A motion was made by Councilman Bell, seconded by Councilman Neeley to excuse Councilman Hunt. The motion carried 5 ayes, 0 nays, and Councilman Hunt departed the council chambers. Resolution No. 95 -106, resolving that Thomas E. Hunt, III be and he is hereby, reappointed to serve as Municipal Judge of the City of Paris for a term of two years beginning October 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 95 -106 WHEREAS, the term of office of THOMAS E. HUNT, III, as Municipal Judge of the City of Paris, will expire on September 30, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, does hereby recommend the reappointment of THOMAS E. HUNT, III for a term of two (2) years, beginning October 1, 1995, and ending September 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CI s Y COUNCIL OF THE CITY OF PARIS, that THOMAS E. HUNT, III be, and he is hereby, reappointed to serve as Municipal Judge of the City of Paris for a term of two (2) years, beginning October 1, 1995, and ending September 30, 1997. PASSED AND ADOPTED this 14th day of September, 1995. ATTEST: Mattie Cunningham, City Clerk 502 APPROVED AS TJ4'ORM: 4 . K. A motion was made by Councilman Bell, seconded by Councilman Neeley to allow Councilman Hunt to return to the council meeting. The motion carried 5 ayes, 0 nays, and Councilman Hunt return to the council meeting, and assumed his seat at the council table. Resolution No. 95 -107, resolving that the application made to the U. S. Department of Justice, Office of Community Oriented Policing Services for a Cops Universal Hiring Program grant be ratified and the form of such application is approved, that Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and his execution, of the application for said grant is hereby ratified, was presented. A motion ..was made by Councilman Fulbright, seconded by Councilman Hunt for approval of the resolution. The motion carried 6 ayes, 0 nays. 503 RESOLUTION NO,. _ 95 -107 WHEREAS, the U. S. Department of Justice, Office of Community Oriented Policing Services provides funding for COPS Universal Hiring Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for the COPS Universal Hiring Program; and, WHEREAS, the City Manager of the c: --►y of Paris did execute an application on August 24, 1995, which execution should be in all things ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That the application made to the U. S. Department of Justice, Office of Community Oriented Policing Services for a COPS Universal Hiring Program grant in the form attached hereto as Exhibit A is hereby ratified and the form of such application is approved. 2. That Michael E. Maloie, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and his execution of the application for said grant in the form attached hereto as Exhibit A on the ?4th day of August, 1995, is hereby ratified. PASSED AND ADOPTED this 14th day of September, 1995. Eric S. C ATTEST: Mattie Cunningham, City Cle APPROVED AST P`O M: T. K. Hynes, CityAttorney O. U.S. Department of Justice Office of Community Oriented'Policing Services COPS Universal Hiring Program OFFICER HIRING REQUEST FOR COPS AHEAD AND COPS FAST GRANTEES 502 Yes, we are interested in participating in the COPS Universal Hiring Program. We understand that COPS Universal Hiring Program hiring, grants provide a maximum federal contribution of 75% of the salary and benefits of each officer over three years, up to a cap of S75,000 per officer, with the federal share decreasing from year to year. Applicant Organization's Legal Name: City of Paris Police Department Executive Information: 4 Law Enforcement Executive's Name: Karl Louis Title: Chief Agency Name: Paris Police Department Address: 811 Bonham Street City: Paris - State: TX Zip Code: 75460 Telephone: ( 903) 784 -6688 FAX: ( 903) 737 -4142 Law Enforcement Agency EIN Number (Assigned by the IRS): 756000635 Law Enforcement Agency OR] Number (Assigned by FBI for UCR Reporting): 1390200 Government Executive's Name:_ Michael E. Malone Title: City ManAgpr Name of Government Entity:_ City of Paris Address: P. Q. Box 9037 (.City Hall) City : Paris State: TX Zip Code: 75461 -9037 Telephone: ( 903) 785 -7511 FAX: ( 903) 785 -8519 General Information: Type of Police Agency: M Municipal O . County Police 0 State D Sheriff O Indian Tribal O Other. 1s your jurisdiction the recipient of a COPS FAST or COPS AHEAD grant? M COPS FAST Q COPS AHEAD Page l� EXHIBIT a 505 Total number of new officers requested for 1995: Full -Time 2 Part- Time__0 Date(s) by which you would like to hire the officer(s): October 1, 1995 Current authorized sworn force strength (as of May 1, 1995): 53 Current actual sworn force strength and funded vacancies (as of May 1, 1995): 52 To assist the COPS Office in planning, how many additional officers would you like to have supported by the COPS Office in each of the following calendar years: 1996: .2 1997: 2 1998:' 2 1999: - 2000: - 0 0 0 Are you requesting a waiver of the local match requirement based upon extraordinary local fiscal hardship? ❑ Yes ❑ No If yes, attach a one page typewritten description of the extraordinary local fiscal hardship upon which you are basing your request for a waiver. 1 certify that the information provided on this form is true and accurate to the best of my knowledge. 1 acknowledge that the Assurances and Certifications submitted in connection wills :he applicant's prior COPSAHF.lD or COPS FAST application remain in force. 1 understand that prior to any grant award the applicant must comply with all application and program requirements of the Public Safety Partnership and C mmunity Policing Act of 1991 and other requirements of fede..-jl law. Law Enforcement Executive's Signature: Date: - . - (signature o s n ame on the onto t tis form) Govertuncnt Executive's Signature: Date: 2 � - ck 5 -"(sifndture of person named on the front of this m) *Return this form, 2 copies.and any additional information postmarked by August 31, 1995 to: COPS Universal Hiring Program U. S. Department of Justice 1100 Vermont Avenue, N.W. Washington, DC 20530 *Faxed copies will 1921 be accepted Page Z Resolution No. 95 -108, resolving that the application for an extension of the existing "Police Athletic League" grant No. DB- 94 -B04- 07432, to provide funding of a full time police officer as coordinator for the Police Athletic League in the amouor -6f' $1,770.00 with the City of Paris providing $4,130.00 in funds is hereby ratified, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. _r 500 RESOLUTION NO. 95 -108 WHEREAS, the City Council of the City of Paris did by Resolution No. 94 -042 on May 5, 1994, authorize the application for a Grant from the Office of the Governor of the State of Texas, through iti'Crimin-al. Justice Division, in the amount of $11,053.65 for the purpose of funding a full time police officer as a coordinator for the Police Athletic League; and WHEREAS, the City Council of the City of Paris did by Resolution No. 94 -054 on May 23, 1994, authorize the acceptance of the "Police Athletic League" grant No. 1313-94 -1304- 07432; and, WHEREAS, the Office of the Governor, Criminal Justice Division will accept an application for a two month extension to the existing grant for the period November 1, 1995, through December 31, 1995; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such extension of said grant; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for a two month extension of said grant for the Police Athletic League in the amount of $1,770.00 with the total cost being $5,900.00, with $1,770.00 to be provided by grant and $4,130.00 to be provided by the City of Paris in the form of local matching funds; and, WHEREAS, the City Manager of the City of Paris did execute an application on August 18, 1995, which execution should be in all things ratified; NOW, THEREFORE, M� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That the application for an extension of the existing "Police Athletic League grant No. D13-94 -1304- 07432, to provide funding of a full time police officer as coordinator for the Police Athletic League in the amount of $1,770.00 with the City of Paris providing $4,130.00 in funds is hereby ratified and the form of such application is approved. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and the execution of the application for said grant extension in the form attached hereto as Exhibit A on the 18th day of August, 1995, is hereby, ratified, and he is hereby authorized and directed to execute on behalf of the City of Paris"the grant award at such time the grant is awarded. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of funding a Rill time police officer as a coordinator for the Police Athletic League. r 5' 0 7 PASSED AND ADOPTED this 14th day of September, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City 0e SNM) APPROVED AS TG FORM: T. K. Haynes, Ci -r- — f t' APPLICATION FOR STATE OR FEDERAL ASSISTANCE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION 508 . y,rr rLKYs�l,w.r• 1. For CJD Use Only 3. a. Date Submitted, i b. Applicant Identifier August 18, 1995 2. Federal /State Program Classification (For CJD Use Only) 4. a. Date Received by Slate /COG ; b. State Application Identifier 5. Applicant Information . .......... _ .............................. _ .......................... . . . ..................................... a. Legal Name: .. . ........................................................... . . . . .. . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E C. Organizational Unit City of Paris, Paris, Texas Paris Police Department b. Address (give street or P. O. Box, ci(y, state, and zip code) i d. Name, telephone, and tax number of the person to be contacted P. 0. Box 9037 ': concerning this application (give area code). Paris, Texas 75461 -9037 i Karl Louis, Chief of Police Lamar County (903) 737 -4140 Fax: (903) 737 -4142 6. State Payee Identification Number 7. Type of Applicant (enter the appropriate letter in boxi X Slate H. IndependenlSchwiDistrict 1- 7560006359000 B. County I. Slate Controlled institution of Higher Learning C. Municipal A Private Universrry D. Township K Indian Trite 8. Type of Application: ❑ New Continuation E. Interstate L Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other (specrly)• 2 9. Name of Grantor Agency: If continuation, enter year of funding Office of the Govemor, Criminal Justice Division P. O. Box 12428 10. Application for Austin, Texas 78711 Federal Safe and Drug -Free Schools and Communities Fund 11. Geographic Areas of Project Activities (Cities and Counties) Lamar County, Paris I.S.D., North Lamar I.S.Q., Chism I.S.D., Prairiland I.S.D., and Roxton I.S.Q. 12. Title of Project: 13. Proposed Project: Police Athletic League Sian Dais b. Ending Date: 11 -1 -95 = 12 -31 -95 14. 11 Application for State Funds: a. Check appropriate fund: (only one) b. It 421 Fund, check priority. (only one) c. Check One: O 421 Fund O Crime Stoppers Assistance Fund O C.J. Planning O Law Enforcement Training O Juvenile Other Fund Fxtpuinn SCIESCA ❑ Violent Crime O Drvgs ❑ Gangs ❑ Victims O Non - juvenle 15. Requested Funding: 16. Is application subject to review by state executive order 12372 process? a. Federal Grant WW Y y WY $ 1,770 770 ,00 Funds (CJD) YES, this application was provided to the Texas Review and Comment System (?RAGS) for review on 8 -18 -95 b. State Grant $ .00 Funds (CJD) (date) a Program is not covered by E. O. 12372 c. Cash Match $ 4,130 -00 O Program has not been selected by state for review d.ln -IGnd $ ,00 17. Is the applicant delinquent on any federal debt? 7 YES 11 "Yes" attach an explanation :1 NO (voCA a Title v C«+y) ............................................................................ e. TOTAL ............................... S 5 , 900 18. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the goveming body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Official I b. Title t c. Telephone Number Michael E. one City Manager (903) 785 -7511 d. Slgnature.ol A Ificial ........ ............................... ..... ....,................................................................ .. e. Date Signed .........................».... f "-'Z, '<-�'0/00� August 18, 1995 — CJll -1 �� EXHIBIT Issued 10/94 1t. • 509 PROJECT SUMMARY This section must include a brief description knot exceeding one page) of the proposed project. You must use at least a 10 or 12 pitch or point type. This request for grant funding is being made on behalf of the City of Paris and its Police Department Co fund a full time police officer as a Coordinator for the Paris Police Athletic League. (P.A.L.) The Police Athletic League is a juvenile crime prevention 4 program aimed at reducing juvenile crime, illegal drug use and criminal gang activity. The Police Athletic League does this by offering recreational and athletic programs to children and youth between the ages of (8) and eighteen (18) . Currently there are 260 plus children enrolled in the program. The current full time P.A.L. Coordinator has been able to organize the current programs and expand activities to include more children in more programs so that we could greatly — increase the number of youth in our city in our program. The coordinator has also set up a Juvenile Offenders Program so ti that the youth already in trouble can have an opportunity to be probated on condition of mandatory attendance at the P.A.L. This is a great project, but we desperately need to maintain the Coordinator. Thanks for your thoughtful consideration. t BUDGET INFORMATION Section A— Budget Summary L S Amount (1) (2) (3) (4) " h e Budget Categories e d CJD Funds Cash Match In -Kind Match Total u I e (For VOCA and Tide V Use Ony) 1. A. Personnel (Salaries) $ 1,335 $ 3,114 $ $ 4,449 2. A. Personnel (Fringe Benefits) 435 1,016 1,451 3. 13. Contractual 0 0 4. c. Travel 0 0 0 s. D. Equipment 0 0 6. E. Reserved for Future Use 7. F. Supplies & Direct 0 0 0 Operating Expenses s. Total Direct Charges 1,770 4,130 5,900 (Sum of 1-7) 9. G. Indirect Costs 0 0 0 10. Totals _ $ 1,770 3 4,30 $ $ 5,900 (Sum of e-9) 11. Program Income $ Section B --Cash Match" Enter separately each source of matching funds and the amounts. Total must aciree with Line 10 Column 2 above. Section C— Program Income Total must agree with Line 11, Column 4 above. Source Amount Source Amount 0 Applicant must disclose the source of cash match if any. 511 PERSONNEL 1. Direct Salaries Office of- theaGovemor Criminal Justice Division SCHEDULE A (1) (2) (3) -r Title or Position' % Of Time2 CJD Funds Cash Match TOTAL (A) P.A.L. Coordinator 100% $ 1,335 $ 3,114 $ 4,449 (B) 7.65 $ _02 113 $ 238 $ 349 (C) 9.0 264 377 Insurance (Life & Health) (D) 150 350 500 Workers' Compensation (E) 70 164 234 Unemployment Insurance (F) Other (Explain) (G) (H) TOTAL Fringe Benefits TOTAL Direct Salaries $ 435 $ 1,335 $ 3,114 $ 4,444 2. Fringe Benefits ' Include only one position per line. Attach a description of the duties or responsibilities of each position. 2 Express as a percent of total time. (40 hours per week) 3. Should reflect employee's gross salary attributable to the project. If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. % or $ Rate FICA & Medicare 7.65 $ _02 113 $ 238 $ 349 Retirement 9.0 264 377 Insurance (Life & Health) ppr M. 150 350 500 Workers' Compensation L 70 164 234 Unemployment Insurance Other (Explain) TOTAL Fringe Benefits $ 435 $ 1,016 $ 1,451 TOTAL PERSONNEL BUDGET $ 1,770 $ 4,130 $ 5,900 ' Include only one position per line. Attach a description of the duties or responsibilities of each position. 2 Express as a percent of total time. (40 hours per week) 3. Should reflect employee's gross salary attributable to the project. If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. 5�2 { ' Office of the Governor Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. r m-,q IAIA4 .1 (�) (2) (3) Description of Service CJD Funds Cash Match TOTAL (A) None $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES $ 0 $ 0 S 0 REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. r m-,q IAIA4 .1 0 513 Office of the Governor Criminal Justice Division SCHEDULE C TRAVELIT'RAINING 1. Local Travel 1) (2) (3) Title or Position Miles Traveled Annualy /$Rate CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) $ $ $ (E) ; $ $ (F) (G) (H) LOCAL TRAVEL TOTAL $ 0 $ 0 $ 0 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL $ $ S OUT -OF -STATE TOTAL $ $ $ IN -STATE TRAVEL TOTAL ; $ $ 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) I Purpose Destination CJD Funds Cash Match TOTAL $ S S OUT -OF -STATE TOTAL $ $ $ TOTAL TRAVEL BUDGET $ 0 $ 0 $ 0 NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agency or leased vehicles are used, the vehicle operation/maintenance costs should be shown on Schedule F. "Supplies ar Direct Operating Expenses." Tuition for training courses should be listed as supplies in Schedule F. Office of the Governor Criminal Justice Division SCHEDULE C (Continued) REQUIRED BUDGET NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out - of -state trip to separately show the specific costs of transportation and of per diem. There will be no travel expense by the P.A.L. Coordinator. 4 514 Office of the Governor Criminal Justice Division SCHEDULE D EQUIPMENT PURCHASES (1) (2) (3) Equipment Name or Description and Quantity (Do Not List Brand Names) CJD Funds Cash Match TOTAL (A) None $ $ $ (B) (C) (D) _ (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES $ 0 - $ 0 $ 0 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. i SCHEDULE E Reserved for Future Use 516 Office of the Governor Criminal Justice Division SCHEDULE F SUPPLIES AND DIRECT OPERATING EXPENSES REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. (�) (z) (3) Directly Charged Supplies and Other Operating Expenses CJD Funds Cash Match TOTAL (A) None $ $ $ (B) (C) ' (D) �+ (E) (F) (G) (H) (J) (K) (L) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES S 0 0 S 0 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. 51'7 Office of the Governor Criminal Justice Division SCHEDULE G INDIRECT COSTS REQUIRED NARRATIVE: if Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan waa approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation, table located In Section 2 of the Grant Application and Administration Guidelines, or as authorized by the applicant's approved cost allocation plan. (1) (2) (3) Indirect Costs CJD Funds Cash Match TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ N.!A $ $ 0 I(B) Indirect Costs Per CJD Computation i able $ N/A $ $ 0 REQUIRED NARRATIVE: if Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan waa approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation, table located In Section 2 of the Grant Application and Administration Guidelines, or as authorized by the applicant's approved cost allocation plan. Program Narrative Narrative is limited to one page per section. Text must be 10 or 12 pitch or point type. 1. Problem Statement Since 1991, the City of Paris has had a recurring problem with youth including violence and drug involvement. The City has addressed the problem by increased patrolling, but a prevention effort was needed because the City had very little to occupy young people, especially those in the 14 -18 year old age group that is most susceptible to gang involvement. A Police Athletic League (P.A.L.) program was begun in a 4 rented building and quickly grew to serve an estimated 260 regular youth participants. To accommodate'the growing program, the Paris News donated a building in downtown Paris that has a great deal of space, covering approximately half a square block of two -story building and an adjoining parking lot. Many of the rooms in the building are large but need a great amount of renovation. Much of the renovation is being addressed by community donations. What is most needed is to maintain the full -time Coordinator to survive existing activities such as karate, weight lifting and boxing programs that are taught by community volunteers. The coordinator also schedules additional activities, including an Offenders Program of supervised activities for juveniles which were referred by the Lamar County Juvenile Probation Department. In addition, the Coordinator oversees maintenance and renovation of the building and meets with community volunteers and civic groups to encourage greater community support of the program. Y _ 2. Proposed Project Actvities Page 2 1. Continue to organize and enhance existing youth activities to mor( effectively work with the existing P.A.L. membership. In addition to Karate, Boxing and Weight Lifting, a Basketball League and Aerobics classes would be started. _f 2. Expand the existing program by an additional 100 members during the grant year. 3. Improve the Offender Program by offering more counselors and tutoring for the members that are not doing well in school. 4. Implementing an alternative education program consisting of at -risk youth from all five school districts in Lamar County Paris, Texas (and several from another (Delta) County). I • t I 520 PART V ASSURANCES Tha.Applicant hereby assures and certifies compliance with all statutes, regulations, policies, guidelines and requirements including OMB Circulars No. A -21, A- 122, A- 128, A -110, A -102, and A-87, as they relate to the application, acceptance and use of federal/state funds for this federally or state- assisted project. Also the Applicant assures and certifies that: I -- It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application► and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 8&352) and in accordance with Title VI of that Act, no person in the United Slates shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal Financial assistance and will immediately take any measures necessary to effectuate this agreement. Historic Preservation Officer on the conduct of investigations, as neces- sary, to identity properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all require- ments established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12. It will comply with the Uniform Grant and Contract Managements Stan- dards (UGCMS) developed under the directive of the Uniform Grant and Contraci Management Act, Chapter 183, Texas Government Code. 13. 3. it will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a 14 grant is to provide employment or (2) discriminatory employment prac- tices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provides for fair and equitable treatment of persons displaced as a 15 result of Federal and federally assisted programs. 5. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational Institution employees of State and local governments. S. It will establish safeguards to prohibit employees from using tfieirpositions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 7. It will give the sponsoring agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will comply with all requirements Imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It. if a county, has taken or will take all action necessary to provide the Texas Department of Criminal Justice and the Department of Public Safety any criminal history records maintained by the county in the manner specified for the purposes of those departments. In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing, on the ground of race, color, religion, national origin, sex, age, or disability ag -inst the project, the recipient will forward a copy of the finding to the Criminal Justice Division (CJD) and the Office of Civil Rights, Office,41 Justice Programs. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropri- ate; t'te provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants. M 7100. 1; and all other applicable federal laws, orders, circulars, or regulations. 16. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrable Review Proce- dure; Part 20, Criminal Justice information Systems; Part 22, Confidenti- ality of Identifiable Research and Statistical Information, Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review• of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Proce- dures; part 61, procedures for implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland protection Procedures; and federal laws or regulations applicable to Federal Assis- tance Programs. 9. It will insure that the facilities under its ownership, tease or supervision which shall be utilized In the accomplishment of the project are not listed 17 on the Environmental Protections Agency's (EPA) list of Violating Facili- ties and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating that a facility to be used in the project is under consideration for listing by the EPA. 10. W It will comply with the flood Insurance purchase requirements of § 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93.234, 87 Stat. 975, approved December 31, 1976. Section 102 (a) requires, on and alter March 2, 1975, the purchase of flood insurance in communities where such Insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of the Department of Housing and Urban Development as an area having special flood haz- ards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. It will assist the Federal grantor agency in its compliance with § 106 of the National Historic Preservation Act of 1966 as amended (16 U. S. C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U. S. C. 469a -1 et seq.) by (a) consulting with the Stale It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,1 as amended, 42 USC 3789(d), the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Tile 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C. D ,E, and G; and the Depart- ment of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 18. It will provide an Equal Opportunity Program if required to maintain one, where the application Is for M,000 or more. 19. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-W) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 20. It will comply with the provisions of the Hatch Act which limit the political activity, of employees of a state or local unit of government whose principal employment is in connection with an activity financed In whole or to part by federal grants. (5 USC 1501, et seq.) r•m Ir 521, DESIGNATION OF GRANT OFFICIALS CJD rules require that three persons be designrted to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth in the Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLICANT: City of Paris Police Deparment PROJECT TITLE: Police Athletic League Mr. 0 Ms. Karl Louis Project Director (Type or Print) Chief of Police, Police Department Title and Agency 811 Bonham Street Organization's Address (Street or P. O. Box) Paris 75460 City Zip (903) 737 -4140 Telephone Number (903) 737 -4142 Fax Number 6 Mr. 0 Ms. W. E. Anderson Financial Officer (Type or Print) Director of Finance, City of Paris Title and Agency . P. 0. Box 9037 Organization's Address (Street or P. O. Box) Paris 75461 -9037 City Zip (903) 785 -7511 Teteptrone Number (903) 785 -8519 Fax Number 16 Mr. 0 Ms. Michael E. Malone Authorized Official (Type or Print) City Manager, City of Paris Title and Agency P. 0. Box 9037 Organization's Address (Street or P. O. Box) Paris 75461 -9037 City Zip (903) 785 -7511 Telephone Number (903) 785 -8519 Fax Number 522 EQUAL ENIPLOY.MENT OPPORTUNITY PROGRAM CERTIFICATION 1, Michael E. Malone certify that: This agency employs fewer than. 50 people; therefore, the (Criminal Justice Agency) is not required to file an equal employment opportunity program in accordance with 28 CFR 42.301 et M., Subpart E. or This agency employs 50 or more people and has received or applied to the Criminal Justice 1IF Division, Office of the Governor for total funds in excess of $25,000; therefore, the City of Paris Police Department - has formulated an equal employment opportunity (Criminal Justice Agency) program in accordance with 28 CFR 42..301 et seq., Subpart E and that it is on file in the office of W. E. Anderson (Name) City hall 135 1st Street S.E. Paris, Texas (Address) 75460 Director of Finance /Personnel (Title) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT =E: Police Athletic League Authorized Official (signature) 8 / 18 / 95 Date City of Paris f�rpject ea-uk (signature) 8 /� 1 / 95 Date Grantee Grant Number 523 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion _ Lower Tier Covered Transactions (Sub- Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. 23 CFR Part 67. Section 67.510, Participants' responsibilities. The regulations were published as Pan VII of the May 26. 1988 Federal Register (pages 19160 - 19211). 4 (BEFORE COMPLETING CERTIFICATION. READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation ;n this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification. such prospective participant shall attach an explanation to this proposal. Michael E. Malone, City Manager Name and Title of Authorized Representative 8 -18 -95 t City of Paris, Paris, Texas Name of Organization 135 First Street S.E., Paris, Texas 75460 Address of Organization i Date- 024 CERTIFICATION REGARD CNG LODDYV4G Instructions: Prior to the release of federal funds by the Criminal Justice Division (CJD), the Authorized Official for grantees which receive S100,000 or more must complete and return the certification set forth below, including the CJD grant number to which the certification applies. (Mote: The grant number is stated on the Statement of Grant Award.) . Certification: Each grantee shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of S 150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1592, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. no federal appropriated funds have been paid or will. be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. if any non - federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall check here and complete and submit standard form I "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. the undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify accordingly. 8 . / 18 95 Signature of Authorized Official Date City of Paris Grantee Grant Nwnber • � 525 SLtiGLE AUDIT ACT CERTIFIED ASSURANCE The grantee hereby assures compliance by itself and its applicable subrecipients (contractors) with the Sin¢le Audit Act of 1984, PL 98 -502 (ACT) and, particularly, with the requirements of OMB Circular A -128 as follows (check one): 2. 3 Grant funds of 5100,000 or over - An annual audit by an independent auditor made in accordance with the requirements of OMB Circular A -128. Grant funds of 525,000 to $I00,000 - An annual audit made in accordance with OMB Circular A -128 or in accordance with federal laws and regulations governing the program. X Grant funds of less than $25,000 - Exempt from the Act but governed by audit requirements prescribed by state or local law or regulation. Authorized Official (Signature) Finarcial Officer (Signature) 8 18 95 Date 8 18 95 Date 4 City of Paris Granter Organization Gmt Number If items 1 or 2 above are checked, the grantee should, within 60 days following the date of the grant award, furnish the following information: t i 1. The identity of the organization conducting the audit. 2. Approximate time audit will be conducted. 3. Audit coverage to be provided. KPPROVEO: ORB NO. 1121 -0113 (EXPIRES 12-31 -95) U.S. Department of Justice Office of Justice Prog.-Wd Bureau of Justice Assistance PROGRESS REPORT PART A GENERAL PROJECT INFORMATION the State Administrative Agency will submit this report to the Bureau -of Justice Assistance at the end of each grant year or the termination of a s bgrant project, whichever occurs first. it may be optionally submitted on a quarterly basis. The report's purpose is to collect performance information on subgrant recipients and projects. This data is used for program activity reports to the Administration, the Congress, and the States. Note: 1) The appropriate Part 8 form for this project's legislative purpose area must be attached to this Part A. 2), Unless specifically re- 4jested, project activities such as arrests and convictions should only include those occurring during the current reporting period (which may be either a quarterly or an annual report). 3) Except for multiple choice questions, blank entries will be interpreted as ieroes. Enter " -1" for micsing or unknown data. For additional help in cxoleting this form, check the attached instructions. For further assistance, call your State Administrative Agency or the BJA State i Local Assistance Division. 1. Project 2. Federal Fiscal i Project Grant Nurber DB- 94- 004 -i :32 Year of funds 94 Sttte POLICE ATHLETIC LEAGUE 4. Current Report Perio. - Starting Month /Year JUL/1994 3-1-95 Ending Month /Year /19 5 -31 -95 5. Suhgrantee /Recipient C--ntact Information and Report Completion Date Agency Name: C7---,Y OF PARIS Addr"t lire is BOX 9037 Address line 2: city /state /Zip: F: �IS,TE)LA.S TX 75460 Project Phone including area code (903 785 -7511 Contact Person: LOUIS Report Completion Date: 6 .46/95 .--- Uhat is the target a-ea of the project? 7a. was training a specific budget item for this project? K E ) Statewide 7b. If "Yes" to 7a, was the training provided by: E ) Regional /cultijurisdictional [ ) Peer assistance /experienced practitioners E ) County E ) Outside professional instructor /consultant [ 7 Municipality [ ) Project staff [ ) State training staff ,[ ) Other staff 6b. Please list the specific co•,nties served by this project. go. Uhat type of evaluation/assessment is planed for this project? LAMAR COUNTY [ ) Administrative oversight /progress reports E ) Project staff - produced report E ) ditside agency Sb. LTuat is the evaluation /assessment's funding source? [ ) Project L'i Nonproject Sa.. Do you anticipate a con•. ;insatfon of this project? N 9b. if "Yet" to 9a, who: sources are you requesting fu-ds for future support? 0 SJA Federal ;rant [ ) State general fund E ) Local ;overrmrnt general fund ( ) Asset forfeitures E ) Other Federal fur+ding ( ) Private funding E ) Other LJP rORK 1510/Z (REV, b-SZ) 51 -1 526 4 5- 2 7 U.S. Department of Justice Office of Justice Programs Bureau to Justice Assistance STANDARD PART B - PERFORMARCE E)ND)CATORRS AND ASSESSM T (Cont'd) State Lode; TX Grant M: DB- 94.804 -7432 Fed. FY: 1994 Report Date: JUL /1994 1. Program Description: THE POLICE ATHLETIC LEAGUE PROVIDES ACTIVITIES AMD POSITIVE ROLE MODELS FOR THE CHILDREN OF PARIS AND LAMAR COUNTY. 2. Program Goals and specific objectives: TO PROVIDE RECREATIONAL ATHLETIC ANT NON- ATHLETIC ACTIVITIES FOR CHILDREN AGES 8 -18 TO PREVENT THEIR INVOLVEMENT IN DRUGS AND CRIME. 3. Program Activities: KARATE CLASSES AND COMPETITION-, BOXING TRAINING AND COMPETITION BASKETBALL A. ^D A FIRST OFFENDER PROGRAM IN CONJUNCTION WITH THE JUVENILE ?ROBATION DEPARTMENT AND NETCADA." 4. outcome /impact Indicators: JUVENILE CRIMES HAVE STEADILY DECREASED IN COMPARISON TO '_AST YEARS STATISTICS. SEE THE ATTACHED TABLES. S. Problems Encountered(e.g., what where they, how th -y impacted program, end how were they handled): 1 ,\'ON E The Paris Junior Olympic Boxers had two regional Golden Gloves champions. Boxing programs are effectively reaching children and giving them a constructive outlet for their aggressiveness. Our Karate program is growing by an average of twenty five (25) children a month and is currently involving about one hundred and forty (140) children. In late January,1995, about forty (40) participants were promoted to more advanced belts. This indicates that these children have been faithfully attending classes for one full year. Our Spring Basketball League involved sixty (60) boys, age 13 -15. Over thirty (30) young Wen were turned away because we simply did not have resources to accomodate them. ?art of our strategy for the remainder of fiscal year 1995 -1996 includes a major building project funded mostly by local c,^,rtributions. Ve are working with other loca:..groups such as: Community Resource Coordination Group, and the Lamar County Coalition of Business, Education and Industry to try i and coordinate local involvement to most efficiently meet the needs of our cities children. Summer programs include an anti -gang involvement program featuring a "Fishing Tournament" for forty children ages 8 -14 and a beginners marksmanship and shootine program for thirty youth, ages 12 -17. B1.3 f 7 r_ y �r 528 APPROVED: OMB NO. 1121 -0113 (EXPIRES 12- 31 -95) ran P IL U.S Department of Justice _ r Off ice of Justice Programs 'I! ° Bureau of Justice Assistance PROGRESS REPORT PART A - GENERAL PROJECT INFORMATION The State Administrative Agency will submit this report to the Bureau ct Justice Assistance at the end of each grant year first. It may be optionally submitted on a quarterly basis. or the termination of a subgrant project, whichever occurs is to collect information on subgrant recipients and projects. This data is used for The report's purpose performance program activity reports to the Administration, the Congress, and the States. Note: 1) The appropriate Part B form for this project's leg'.slative purpose area dust be attached to this Part A. should only include those 2) Unless specifically requested, project activities such as arrests and convictions during the current reporting period (which may be either a quarterly or an annual report). occurring 3) Except for multiple choice questions, blank entries will be interpreted as zeroes. Enter "-1" for missing or unknown data. For additional help In completing this form, check the attached instructions. For further assistance, call your State Administrative Agency or the BJA State i Local Assistance Division. T1. Project 804.7432 Z. Federal Fiscal Tear'of Funds 94 3. Project Title POLICE ATHLETIC LEAGUE Grant Number DB-94- 4. Current Report Period - Starting Month /Year JUL /1994 12-1-94 , Ending Month /Year /19 2 -28 -95 5. Subgrantee /Recipient Contact Information and Report Completion Date Agency Name: CITY OF PARIS Address line 1: P.O. BOX 9037 Address tine 2: City /state /Zip: PARIS,TEXAS Tx 75460 Project Phone including area code 0031 785 -7511 i Contact Person: KARL LOUIS Report Completion Date: 3116/95 6a. What is the target area of the project? 7a. Was training a specific budget item for this project? N [ Statewide 7b. if "Yes" to 7a, was the training provided by: [� Regional /muttijurisdietionat [ ) Peer assistance /experienced practitioners t ) Outside professional instructor /consultant [ I County [X) Municipality [ ) Project staff [) State training staff [ 1 other staff 6b. Please list the specific counties served by this project. 8a. What type of eva lust I on/assessment is planned for this project? LAMAR COUNTY E Administrative oversight /progress reports [ ) Project staff - produced report [ ) Outside agency 8b. What is the evoluation/assessment's funding source? Project M NDnproject 9a. Do you anticipate a continuation of this project? N 9b. If "Yes" to 9a, what sources are you requesting funds for future support? EM BJA Federal grant t ) State general fund t ) Local government general fund [ ) Asset forfeitures [) Other Federal funding t Private funding .t ) Other OJP FORM 4310/2 (REV. 8-92) U.S. Department of Justice office of Justice Pr -49re.:s Bureau to Justice Assistance PROGRESS REPORT STANDARD PART Y - PERfDRMANCE INDICATORS AND ASSESSMENT (Cont'd) Stktt Cods: TX Grant 9: 'D11- 9;-1104 -7432 fed. fT: 1994 Report Date: JUL /1996 1. Program Description: THE POLICE ATHLETIC LEAGUE PROVIDES ACTIVITIES AND POSITIVE rROLE MODELS FOR THE CHILDREN OF PARIS AND LAMAR COUNTY- „ ... Z. Program Goals and specific Objectives: TO PROVIDE RECREATT0W4L ATHLETIC AND NON— ATHLETIC ..: �;. ACTIVITIES FOR CHILDREN AGES 8 -18 TO PREVENT 711 --IR IN'iOLVEMENT IN DRUGS AND CRIME. ' 3. Program Activities: KARATE CLASSES AND COMPETITION, BOXING TRAINING AND COMPETITION BASKETBALL AA'D A FIRST OFFENDER PROGRAM IN CONJUNCTION WITH THE JUVENILE PROBATIflM DEPARMNT AND NETCADA. 4. income /impact Indicators: JUVENILE CRIMES HAVE STEADILY DECREASED IN COMPARISON ` TO LAST PEARS STATISTICS. SEE THE ATTACHED TABLES. 1 } S. Problems Encountered(e.g., what where they, how they irmacted program, and how were they handled): NONE The Paris Junior Olympic Boxers had tw.z regional.Golden Gloves champions. Boxing programs are effectively reaching children and giving them a constructive outlet for their aggressiveness. Our Karate program is growing*by an average of twenty five (25) children a month rand is currently involving about one hundred and forty (140) children. In late January,1995, about forty (40) participants were promoted to more advanced belts. This indicates that these children have been faithfully attending classes for one full year. Our Spring Basketball League involved,sixty (60)boys, ages 13 -15. Over thirty (30) • 2:poung men were turned away because we simply-did not have•resources to accomodate them. /� 96 :Part of our strategy for 1_995 _includes a major building renovation project ;:.funded mostly by local contributions. We are working with other local groups such as Community Resource Coordination Group, and the Lamar County Coalition of Business, education and Industry to try and coordinate local involvement to most efficiently meet the needs of our cities children. 11 '� 11 .r t i 1•. 61.3 -f y z 530 APPROVED: L046 NJ. 110-0113 (LXPIRLb :Ji,FDRM 431D/2 (REV. 8.52) 51.1 Ii U.S. Department of Justice r Office of Justice Programs Bureau of Justice Assistance �( ti PRDGRESS REPORT PART A - GENERAL PROJECT INFORMATION 1 The State Administrative Agency will submit :his report to the Bureau of Justice Assistance at the end of each grant year or the termination of a su5prant project, whichever occurs first. It may be optionally submitted on a quarterly basis. The report's purpose is to collect performance information on subgrant recipients and projects. This data is used for program activity reports to the Administration, the Congret.s, and the States. Note:. 1) The appropriate Part B form for this project's le;islative purpose area must be attached to this Part A. 2) Unless specifically requested, project activities such as arrests and convictions should only include those occurring during the current reporting. period (which may be either a quarterly or an annual report). 3) Except for multiple choice questions., blank, entries will be interpreted as zeroes. Enter " -1" for missing or unknown data. For additional help in eonpletin; this form, check the attached instructions. For further assistance, call your State Adhinistrative Agency or the BJA State 9 Local Assistance Division. 1. Project 2. Federal fiscal I 3. Project Grant N;rnber D9-94 -604 -7432 Year of Fins 94 I! lit OLICE ATHLETIC LEAGUE I 4. Current Report Perim - Starting Month /Year JUL/1994/'5-- 1-94 ( 'Z— 114 Endin; Month /Year 119 ", 11 -30 -94 ; > . 2 5. Sub;rantee /Recipient Contact Inforr..ation and Report Conletion D - Apeney Kant: CITY OF PARIS Address line 1: P.-O. BOX 9037 Address tint 2: City /State /Zip: PARIS',TEXAS TX 75460 Project Phone including area code (903 785 -7511 Contact Person: KARL LOUIS :Report Completion Date:12/8/94 6s. vhat is the target area of :he project? 7a. Was training a specific budget item for this project? 9 I ) Statewide 7b. If "Yes" to 7a, was the trainin; provided by: I ) Regional /aultijurisdictionat I ) Peer assistance /experience practitioners I ) Co•.mty I ) Outside professional instructor /consultant W MLnicipali :y I ) Project staff [ ) State training staff I ) Other staff 6b. Please list the specific counties served by thit project. LAMAR COUNTY 8a. What Type of eve tug%ion/assessment is planner for this project? I ) Administrative oversight /progress reports I ) Project staff - produced report I ) Outside agency 1 St. Vhat is the evaluation /assessment's funding source? I ) Project No Nonprojet: ;a. Do you anticira :e a continuation of this project? N P--. If "Yes" to 9a, what sources are you requesting funs for future support? I)4 6JA Federal grant I ) State general fund I ) local povernment general fund f ) Asset forfeitures I ) Other lederat funin; I ) Private funinp I ) other :Ji,FDRM 431D/2 (REV. 8.52) 51.1 Ii 5 .. I , U.S. DC;4 - r.-en: ;! hstics ' .r 6ure�� :o J:rs:iec Kssis :a',:e ' PRD "oRiSS KE ?D;7 S.W)kPD W.7 6 - P!KfoKrtuLE )1:D)LL".D#S MID ASSESSKE1:T (to-il e) '.odder: TX Lra:. . D14.' t,4-70_2 )e!, f1: 14 ?L Eeprr! '-ate: JJL /15 ?t P: c;:aa Dcs:ti� :ior.: Tr.: POLICE ATHLETIC LEAGUE PROVIDES ACTIVITIES AA-D POSITIVE ' ROLE -HODELS FOR .E CHILDREN OF p RI5': 27 LA.",AR COL`XTT.. i .., it .�. .�T+- •/C171/ —1' �J•'Y.l• .:"r,:. f='7G 1, F:D;raeu La)s vd s,pe:i!ie TO PROVIDE AI= 3'd:frFi= ACTIVITIES FOR CHILDREN AGES 8 -18 TO PREVENT THIEM FROM GETTING I'N`VOLVED IN DRUGS AND CRIME. I T. KARATE CLASSES AAD CO"2ETITION, i;XING 7 AIRING AND COMPETITION i = :.SKETBALLL ANT A FIRST OFFENDER PROGRAM IN C0NJUNCTION WITH THE JUVENILE PROBATION .._Po.RT:'CNr ANT TETCD.DA. • -- •= >Te /)rt,s =• ,:c::t:. -s: JUVENILE CRIM -1-5 HAVE STE%DIIY DECREASED IN CO*2 BISON TO ! LAST TEARS STATISTICS. SEE THE ATT AC EEC TA=LES � :. -_:ers ?+: >r.:trea;e.;., :.a: -•s-c :`•r�, t.; :Nr; ...:. :::e: �'o;rL:., •ti h�. ..e-s ::.ey :.:•� ir::. ?NONE I .::e Paris Police Athletic League named a ne:; coordinator November 1,1994, Rickey ayes. - :ckey Hayes is a five ; ear patrol off: -cer for the City of Paris Police Department. die Was c'7osen for the position by Paris Police Chief and P.A.L. President, Karl Louis. ::ew and expanded activities include the remodeling and equipping of an activities room -ea:--ring pool tables, ping -gong, video and pinball Eames: Also planned in the early =C %t.: - -s of 1905 is an update and modernization of the P.A.L. facilities exercise and we=st room. Included in plans for 1995 are the remodeling of the boxing g.-m and the r.stallation of a basketball /volley ball court. jCo= petitive shooting programs, s>"imming'lessons, archery, and arts and crafts classes are also planned. iese projects will be funded by business had community based support. 4 �I 532 . - . -, „_ r., 11 APPROVED: O48 NO. 1121 -0113 (EXPIRES 12.31.95) l�rJi ` U. S. Department of Jus3 i ce i 31 Office of Justice Programs Bureau of Justice Assistance PROGRESS REPORT PART A - GENERAL PROJECT INFORMATION The State Administrative Agency wilt submit this report to the Bureau of Justice Assistance at the end of each grant year or the termination of a subgrant project, whichever occurs first. It way be optionally submitted on a quarterly basis. The report's purpose is to collect Qerfora ve information on subgrant recipients and projects. This data is used for program activity reports to the Admimstratif�o,: ^.tie :,c�as, and the States. Note: 1) The appropriate Part B form for this project's legislative purpose area must be attached to this Part A. 2) Unless specifically requested, project activities such as arrests and convictions should only include those occurring during the current reporting period (which may be either a quarterly or an annual report). 3). Except for multiple choice questions, blank entries wilt be interpreted as zeroes. Enter " -1" for missing or unknown data. For additional help in cocpleting this fora, check the atteched instructions. For further assistance, call your State Administrative Agency or the BJA State i Local Assistance Division. 1. Project 2. Federal fiscal -7 3. Project Grant'Nurber DB- 94 -i304 -7432 Year of Funds 94 Title POLICE ATHLETIC LEAUX 4, Current Report Period - Starting Month/Year JUL/1994 Ending Month/TearAUG /1994 ! •% - -- — r 5. Stbgrantee/Recipient contact Information and Report CoWittion Date Agency Name: CITY OF PARIS Address line is P.O. BOX9037 Address line 2: city /statenip: PARIS Tx 75460 Project Phone including area code 003 785 -7511 Contact Person: KARL LOUIS Report Cocpletion Data$ 017/ 94 6a. What is the target area of the project? 7a. Vas training a specific budget item for this project? N [ ] Statewide 7b. If "Yes" to 7a, was the training provided by: I ] Reglonat /muttijurtsdictional [ S Peer assistance /experienced practitioners [ ] County [ ) Outside professional instructor /consultant [ X 1Wnicipatity 17 Project staff [) State training staff [ 1 other staff 6b. Please list the specific counties served by this project. as. Lbst type of evaluation/assessment is ptanned for LAMAR COUNTY this project? [) Administrative oversight/progress reports [XT Project staff - produced report E ) outside agency 8b. ?fiat is the evaluation/assessment's funding source? [ ] Project [X Noripxoject 9a. Do you anticipate a continuation of this projectl Jr YES 9b. If "Yes" to 9a, what sources are you requesting funds for future supiport? 17J BJA Federal grant I) State general turd I ] Local government general fund I ] Asset forfeitures I ] Other Federal funding i ) Private funding [ ) other , OJP FORT( 4310/2 (RV. 5-92) B1 -1 11 It 533 U.S. Department of Justice Office of Justice Programs - Bureau to Justice Assistance PROW i3 REPORT STANDARD PART t - PERFORINANCE INDICATORS AHD AMSSMENIT (Cont'd) State Code: TX Grant is DB -94 -804 -MZ Fed. FY: 1994 Report Date: JUL/19% 1. Program Description: THE POLICE ATHLETIC LEAGUE PROVIDES ACTIVITIES AND POSITIVE -ROLE MODELS FOR THE CHILDREN OF PARIS AND LAMAR COUNTY. t. Program Gwla and Specific Objectives: TO PROVIDE ALTER - NATIVi ACTIVITIES FOR CHILDREN AGES 8 -18 TO.PREVENT THEM FROM GETTING INVOLVED IN DRUGS AND CRIME. 3. Program Activities: KARATE CLASSES AND COMPETITION, BOXING TRAINING AND COMPETITION, BASKETBALL AND A FIRST OFFENDER PROGRAM IN CON- JUNCTION WITH THE JUV. PROB. DEPT. AND NETCADA. A. outcome/Iapact Indicators: JUVENILE CRIMES HAVE STEADILY DECREASED IN COMPAR- ISON TO LAST YEARS STATISTICS. SEE THE ATTACHED TABLES. 3. Problems Encounterad(e.y., what where they, how they impacted program, and how were they handted): NONE I Resolution No. 95 -109, resolving that an application be made. to the Office of the Governor of the State of Texas, Criminal Justice Division through the Ark -Tex Council of Governments for a grant to provide funding of a full time police officer as coordinator for the Police Athletic League in the approx1 mate amount of $40,000.00 which requires no matching funds, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. 534 RESOLUW0N *l O t X95 -109 WHEREAS, the Office of the Governor. of the State of Texas, Criminal Justice Division, through the Ark -Tex Council of Governments is offering grant assistance in the approximate amount of $40,000.00 for the purpose of funding a full time police officer as a coordinator for the Police Athletic League; and, WHEREAS, the Police ;fit Jbtie League is a juvenile crime prevention program aimed at reducing juvenile crime, illegal drug use and criminal gang activity; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance for said project; and, WHEREAS the City Council of the City'of Paris is desirous of processing a grant application for the Police Athletic League in the approximate amount of $40,000 which requires no matching funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor of the State of Texas, Criminal Justice Division through the Ark -Tex Council of Governments for a grant to provide funding of a full time police officer as coordinator for the Police Athletic League in the approximate amount of $40,000.00 which requires no matching funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for the grant in the form attached hereto as Exhibit A, and the grant acceptance notice at such time the grant is awarded. .. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of funding a full time police officer as a coordinator for the Police Athletic League. PASSED AND ADOPTED this 14th day of September, 1995. Eric S. Clifford, Mayor ATTEST: _ Mattie Cunningham, City Clerk APP OVE TO FORM: ity Attorney 535 APPLICATION FOR STATE OR FEDERAL ASSISTANCE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION 1. For CJD Use Only 3. a. Gate Submitted b. Applicant Identifier 2. Federal/State Program Classification (For CJD Use Only) 4. a. Date Received by State/COG b. State Application Identifier 5. Applicant Information ......._....... » a. Legal Name : . ..... . . .............. .......... .......... c. Organizational Unit b. Address (give street or P. O. Box, city, state, and zip code) = d. Name, telephone, and fax number of the person to be contacted concerning this application (give area code). 6. State Payee Identification Number 7. Type of Applicant (enter the appropriate letter in box) X State H. Independent School B. County 1. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K Indian Trib4 8. Type of Application: 0 New 0 Continuation E. Interstate L Individual F. Irtermunicipal M. Nonprofit Organization G. Special District N. Other (specM: 9. Na- -.e of Grai,lor Agency, If continuation, enter year of funding Office of the Governor, Criminal Justice Division P. O. Box 12428 10. Application for Austin, Texas 78711 Federal Safe and Drug-Free Schools and Communities Fund 11. Geographic Areas of Project Activities (Cities and Counties) 12. Title of Project, 13. Proposed Project: ..»....»..».».».»»_»...... ..... ».... ........................... . ............. a. Start Date: b. Ending Date: 14. If Application for State Funds: a.-. Check appropriate fund: (only one) k•. It 421 Fund, check priority: (only one) c. Check One: 0 421 Fund 0 Crime Stoppers Assistance Fund 0 i .J. Planning 13 Law Enforcement Training 0 Juvenile 0 Other Fund 0 Violent Crime . . 0' Drugs ' 0 Gangs ' " 0 Victims 0 Non juvenile 15. Requested Funding: 16. Is application subject to review by state executive order 12372 Process? a. Federal Grant $ •00 Funds (CJD) 0 YES, this application was provided to the Texas Review and Comment System (TRACS) for review on b. State Grant $ .00 Funds (CJD) (date) 0 Program is not covered by E. O. 12372 c. Cash Match S 00 0 Program has not been selected by state for review d. In-10nd S 00 17. Is the applicant delinquent on any federal debt? (VOCA & TIC* V orgy) e S 00 3 YES If 'Yes' attach an explanation D NO 18. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Official b. Title c. Telephone Number Michael E. Malone City Manager (.903)785-7511 ............................................................................... ....... : ;;. d. Signature ji;�&F icial . ..................................................................I . ... ..... . ..g. . . e. Dal e Sin e d CJD-1 EXH I BIT, A Issued 10/94 0 Mayor Clifford call.ed...fp,r discussion of utility rates with rate consultant, Jack Stowe.` City Manager Malone said by way in introduction as some of the Councilmembers have not been here during a utility rate study, and advised that a number of the contracts that we have with industrial customers of water and wastewater with the City of Paris require that periodically the City of Paris do a utility rate study, that all rates that we charge for water and wastewater services are justified on a cost basis. There are criteria for doing that type of study. Jack Stowe is one of the partner in the Reed and Stowe Company the rate consultants that we have used for a number of years. The rate that we are operating under was developed by his company in 1994 based on the needs to serve water and wastewater services to our customers, as you know, at the time that rate study was conducted we had experienced a 29% increase in electrical rates for pumping of water and wastewater, and at the same, time we had to issue a great deal of debt to finance improvement to the systems that are mandated by the federal and state government due to environmental concern. City Manager said that at the time this study took place there was a great deal of publicity attended to it because we had an average increase of about 17 %, and we adopted that rate late in the spring, with the onset of summer realized that it would have an impact felt immediately in that summer due to people beginning to water. Also at the same t'me, the City maintained what we would call a lifeline rate, or a rate that did not change at a lower level of usage to assist those citizens who were elderly and on fixed income, and all of this received a great deal of publicity and there 537 was a lot of information given at the time about the available of yard meters of water only meters for cus*cmers who use a lot of water in the summer time, as you know, people watering their yards, that water does not return to the wastewater system, and we do not measure wastewater in the residential areas, and the way that we approach getting the fees collected to provide those services is based on measurement of water, discounting about 20% of the volume of the water measured, then applying that to the calculated wastewater rate. City Manager said with this summer we have had a drought condition, and a number of the citizens missed the information at the time, perhaps we should have provided more information. City Manager Malone said we through people were aware of that people who needed water only meters had gotten them. Many of these water system require a larger meter than a normal meter, so most of them, to his understanding had their own separate meter to begin with. City Manager Malone said that members of the Council have received called from persons who got an unexpected bill - because of the way the rate is structured. Mr. Stowe and his associates have been up here several time and the Council has had an opportunity to visit with them, and we have invited Jack to come back to brief the entire Council, and to make available as to how water and wastewater rates are developed along with how this study was conducted. Jack E. Stowe, President of Reed -Stowe & Company, Inc., Rate Consultants for the City of Paris was present giving the Council background information on his firm, --nd said his firm started performing the water and wastewater C..ddies in 1988. Mr. Stowe said the reason the City was performing that study was because of contractual agreement that the City had entered into with Merico, and in return for Merico's funding of the wastewater treatment plant. This agreement has a cost of service date to conducted by a qualified rate consultants, and many of the contractual agreement at that point in time including the renegotiation of the Campbell Soup contract calls for that cost of service study reperformed every three years. Mr. Stowe said that a lot of municipalities adjust their rates on an annual basis, some attempt to adjust their rates at a five year interval over recovering in the first couple of years, then under recovering at the end of the period as you enter into the fifth year, then reset the rates because these contractual ag,eements what Paris attempted to do is to establish a rate that will be sufficient for three years. Mr. Stowe advised that in 1991 this did not present a lot of problem. The rate was established, it held fairly respectfully, in 1991 the rate was -- re- established, and at that point in time some issue that came yap that concerning loss money accounting for water there was some meter inaccuracy discovered within the system and there was some negotiation and some recovery of cost for' the city at that point in time which seemed to put everything pretty m-_,vh in line where it should be. In 1994 several thing had happened, she City had been required to issue additional debt the 1993 series, that debt was to go to pay for projects to come in compliance with state and federal mandates on the sewer system, Texas Utilities had just gotten their major electric rate increase, and as he said when they-got here in 1994, the debt service for sewer had gone up to over 17 to 18% the over all budget for the system had go up about 26%. The other thing that he came to realize from the interim period for 1991 to 1994 was a period of time that the 538 rates had been developed using the winter average. The way a winter average works is you take the water consumption in the four months of winter, and usually those four months are November, December, January, and February, during those four moriths you take the water consumption at 100% and take an average of that which will set a cap so that when you roll into the irrigation months starting in March that the wastewater in billed for gallon for gallon for your water usage up until you hit that cap, and at that point, your wastewater billing drops off and you water billing just continues. Mr. Stowe said they found that had been happening and one of the reason why the wastewater rates were under performing so poorly was that in setting the winter average the irrigation months as we enter into the irrigation months, the winter average had shrunk so low that they were clearing the cap quicker than what had been anticipated. Mr. Stowe said one of the thing that a municipality has to be concerned with is not only recovering their 0 &M cost, the 0 &M cost is going to be recovered in the rates unless something really severe happens, but the debt service cost not only has to be covered, but then you have bond covenants that say not only are you going to recover the amount of you debt service in a given year, but you are going •to recover a certain factor above that for protection of the bond holders, and if you do not recover that then you violate the bond covenant with these bond holders, and that prevents you from issuing any additional debt until such time you come into compliance, so we are very sensitive when we see things that are happening that is making the financial integrity of the municipality in subject to some type of polarity, so when we looked at that we went back and said what would be a mechanism that is in place throughout the country in various segments of the country, a building mechanism that would give the City more protection and more stability in the revenue and with the bond holders so that we would not breach the contract that we have with them. Mr. Stowe advised that what they decided on was just a percentage of the water consumption on a year around basis. Mr. Stowe said the 80% was not just pulled out of the air, what they did was to go back and take the winter consumption at a 100% struck that average and compare that with the over all system average for 12 months period, and when they did that it is an on average for the system, that you average customer on the system about 80% of the water, the winter average represents about 80% of the water consumption on average. Mr. Stowe said that in doing this there are certain customers that will be exposed because of their water demands on the system, their wastewater bill will continue to climb rather than hit the cap that it has had in the past, and if their water consumption during the winter is such that the sparsity of their using two and three times as much during irrigation months than the winter, then this type of billing mechanism can put more demands upon them financially. Mr. Stowe pointed out that during the winters months the customers will only be billed for 80% of their water consumption where under the traditional winter average they would be billed at 100 %. Mr. Stowe also pointed out that that if people are expecting their bills to go down, it is not because you are going to go from charging them only 80% of their water consumption to 100% of the water consumption during these winter months. One other thing that Mr. Stowe pointed out when making rates is the budget. 539 Councilman Neeley said that sin;.. the August bills were mailed out he started getting calls regarding the high water bills particularly the sewer portion of the bill. Councilman Neeley said the City Manager furnished him an explanation of how this came about that the bills are so high. Mr. Neeley said that la�.t August if a person was paying their bill, you paid a minimum amount on you water per cubic feet, and then all over that you pay some more at a different rate, and that was the way your water :bill was figured, somewhere in the neighborhood of $1.90, and then you took 70% of you water usage and charge that for sewer, and there was a cap, and it was based on November, January and February, December was left out thinking people used more during Christmas, and that is the way the bill was calculated last year. This year, that portion of your water bill to be charged to the sewer was raised to 80 %, and the cap was removed; therefore, those three months did not count and this cost some people's bills to go up from $50.00 to approximately $115.00, and they can not handle that. Councilman Neeley said people can not handle t1,e fact there are people using water that is not going into the sewer system, but they are having to pay for it. After further discussion, Mayur Clifford appoint a committee consisting of himself, Councilman Fulbright, and Councilman Hunt to meet with the consultants to review the water and wastewater rates along with the sanitation fee. A motion was made by Councilman 14eeley to adjourn. The motion was seconded by Councilman Hunt, and carried a es, 0 nays. RD, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CL R i 540 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 2, 1995 _ The City Council of the City of Paris met in specsal session, Monday, October 2, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, Jc;h!, Bell, and Aaron Jenkins. Also present was City Manager, Michael, E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone said that the first item on the agenda was receipt of report from the Utility Rate Study Committee which met Thursday, September 28, 1995, and advised that there was a good number of people present who had the onptrtt!n ;ty to make comments to the committee. Mayor Clifford appointed this committee in a City Council meeting on Thursday, September 14, when it became apparent that new wastewater rates adopted approximately eighteen months ago were affecting many of our residential customers in ways that were not anticipated. The committee as charged by the Mayor was to review residential wastewater rate methodology end determine if changes needed to be made. It later be -_*ame apparent that the change in the method of computing residential wastewater rates, or sewer rates, removing the cap or the upper limit or. ;ewer charges as determined by an average of winter water volume measured since we do not measure wastewater, was not the only factor causing unusually high wastewater bills. Many customers in several billing cycles received bills which covered billing periods that were longer than usual, some longer by two weeks or more. This was due to the absence due to illness of one of the meter readers, and we did not have personnel in place to fill in for the meter reader, and in many cases the bills may have covered twenty -five to fifty percent mor,: volume of water measured in the longer period billed for, and of courI9 this would make a difference to the customer because the volume beiog longer applied to the rate means that the bill would be higher. That would be difficult for a person who is budgeting their funds to nay a monthly bill. It compounds the situation of the rate that we had iri,plemented eighteen months ago which was a wastewater t -ate without a ca;.. City Manager Malone said that for customers who watered during this time, -tnd this was a time of drought, all these f4�Cor came into influence compounded the problem and made some bills extraordinary high, and probable most of the customers that we had were affected by one, or perhaps both, of those circumstances. City Manager Malone advised that what the City is setting about to do about this proolem is additional personnel will be trained to assist meter readers when there a;°e absences or when bad weather Slow the reading process. Additional efforts will be made to ensure that billing periods are no shorter than 28 days and no longer than 32 days, if possible, and of course, what y ^u se,-? there if you have a billing period shorter than 28 days, such as 24 days, and you are trying to compare that next year to a month in which the reading was 42 days, 5 4 1. then it is difficult to make comparisons and uncerstand what your water usage is like, and it is difficult for our cu : :tora R s to budget their funds to pay their bills accordingly. City Manager Malone said that the city feels that the action that they are taking will solve the problem of unequal billing cycle. City Manager Malone also said t',.;,t', `.ie wed the rate consultant have recommended to the Utility Rate Study Cc:imittee that a method of billing for sewer service using a winter average, which is the type of methodology that we had previously used before this last rate study. This is a winter average of water volume used for each customer, and we recommended that this be re- enacted. Each cus Omer will establish a winter average for water u in winter months, of which 100% is expected to be return-A, '.,) the wastewater system, and if you will recall, we do not measure wastewater, so this is a method of estimating how much wastewater the customer contributes. The water volume used as averaged over a three month winter period will be used to set a cap or an upper lim-tc, 100` of which volume will be multiplied by a lower wastewater rate than the wastewater rate that we :arc: using now with the 80% volume and this for each WO cubic feet over the established minimum billing. City Manager Malone said with recommendation combined with some changes in our billing program during the month of October we expect to make changes to the computer software that the City uses, we have probab;j 9,600 customers, we will make changes to the software, and go tack for the month of August. September, and October and make adjustments to each custom ^r's bill if they are entitled an adjustment oastj on the use of the winter average that we are about to implement. Cit; M;inager Malone said that the bills that go out in November, we cxp�ct to have the soft%::are in place to utilize the winter average. City Manager Malone said these recommendation have been made to the Uti 1 cy % :i;:e ;study Committee, and Mayor Clifford and the Committee received the: r %,limendations and vo-I*ed to bring this to the Council, and an ordinanc- has been prepared along the line that he had just stated. Mayor Eric Clifford,. Chairman of the the Utility Rate Study Committee, advised the Council that -the other side issue is he has asked Mr. Malone to take a look at J.e water only meters and the charges on them with the idea if we can do something here without totally and negatively impacting the water end sewer fund by taking a look at a single charge regardless which side of the street the main water line is on, with no minimum bill, just water paid on water used, and aske; that Mr. Malone report bac to the Council at the Monday night meeting in November what the impact'_wi:ll be on this mat`.-er. Mayor Clifford also requested that Mr. Malone check on the sanitation fees for apartment owners and give a report. on alternate means of financing that, and if-it is feasible and the amount of money involved, because that is a continuing comment that he hears from all over town. Mayor Clifford asked for a rep(-,-t on "'s matter also at the Monday night meeting in November. 542 Mayor Clifford advised the Council that Mr. Malone went over what was basically the recommendation of the Committee, but it is basically going back to +he old means of billing, putting a three month winter average with a cap on the sewage charges, and the rate consultant has worked up, and there will be a slight reduction in that, and we. were assured that it would even things out and the fund ;.ill remain solvent and we will be able to meet our obligations. City Manager Malone called for consideration and action on authorizing preparation of an` ordinance amending ",,11 Code of Ordinances by revising subsections (a) and (b) of Section -23 and subsections (a) and"(b) of Section 34 -24 es,,- Llishing sewer rates. A motion was made by Councilman Fulbright, seconded by Councilman Bell authorizing preparation of an ordinance amending the Code of Ordinances by revising subsections (a) and (b) of Section 34 -23 and subsections (a) and (b) of Section 34 -24 establishing sewer rates. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -040 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF.,PARIS, BE AMENDED BY REVISING SUBSECTIONS (a) AND (b) OF SECTION 34 -23, ESTABLISHING A SEWER SERVICE RATE FOR CUSTOMERS USINC, CITY WATER; REVISING SUBSECTIONS (a) AND (b) OF SECTION 34 -24, ESTABLISHN"G A SEWER SERVICE RATE FOR CUSTOMERS NOT USING CITY WATER; PROVIDIa�`, FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTI';E DATE OF NOVEMBER 1, 1995 was presented. A motion was made by Councilman Bell, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Charlie Thompson, 3915 Dawn Drive, commercial address 1825 N. E. Loop 286, advising the Council that Ii- s a mobile home park tnere and as of the lash few months these rate: have continued to climb. Mr. Thompson said these rate rot only im;i:cted the residential customer but also the commercial customers, and sorre relief has got to be given to us as well as the residential customers. Mr. Thompson said his sewer rate is almost twice what his water rate is, and it does not make sense. Mr. Thom(,, on was hoping that tiie City would give some type of audience to those commercial customers, it could be acted on an individual oasis, or at a group, but e felt that this must be addressed so some action could be taken. Mayor Clifford advised Mr. Thompson to meeting with City Manager Malone and Director of Finance, W. E. Anderson, and City Attorney Haynes and let them analyze his account and see if they can find out if there is a problem. John Chiles, William Conder, John Hutchings, Mickey Stone, Don Stuckey all appeared before the Council discussing the City's water and sewer rate. Rick Powell 825 32nd N. E. was present telling the Council that the City has adjusted his water rate, ori. "c still needs help on it, but is a lot better, His wife has had a nursEiy for 20 years, which is a commercial account, and they had never had a toilet, he put one in with a rate of $21.01 a month consistently, but now it has gone up to $100.01, and he feels this is extremely high. Mr. Powell asked the City to help them out with this. City Manager Malone a6v'.sc. the he would take a look at this account, and also check the meter size. City Manager Malone called for consideration of and action on auLnorizing `.he preparation of an ordinance amending Section 2 -98 setting the Rates for emergency and non - emergency ambulance service, and informed the Council that during the budget process and in a previous council meeting a contract was prepared brut the City has with Lamar County Government which helps fund the operation of the ambulance service that serves all the citizens in Lamar County. City Manager Malone said that within ti-a., contract are a r,wmber of items that are rates for emergency arid. ;ion - emergency ambulance s�rv'ce, and the City is making some incremental ?d,;ustment in the %-�ious rates as to what we put into the contract, a -id this relates to our ability to collect medicare, medicaid, and insut anc_• companies. City Ma+iager Malone said we have to keep up the i,- crease in cost, but our cost is still less than what many other services charge. A motion was made by Cez:u.741rian Fulbright, seconded by Councilman Jenk:r,s authorizing prepar4:t:on of and ordinance amending Section 2 -98 setting the rate for emergency and none - emergency ambulance service. The motion carried 7 ayes, O nays. ORDINANCE NO. 95 -041 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, BE AMENDED BY REVISING SECTION Z -98 OF SAID CODE; PROVIDING Fi;R THE INCREAE IN AMBULANCE SERVICE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT hEREWITH; AND PROVIDING FOR,AN EFFECTIVE DATE OF Uctober 1, 1995 was presented. A motion was made by Councilman Sell, seconded by Councilman Fulbright for adoption of the ordinance. '!`he motion carried 7 ayes, 0 nays. Resolution No. 95 -110, authorizing the executirin of a medical service contract with Bill E. Woodruff, M. D., for professional medical service and direction to the Paris- L :-:ar L",,:.,1 t', Health Department, was presented. A motion was made L- Coin-ilman Neeiey, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -110 JOINT RESOLUTI %N, , WHEREAS, there exists a vacancy on the membership of the Paris -Lamar County Advisory Board of Health cue to the resignation of Dr. Glenn Dunnington, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, with the advice of the County Judge of Lamar County, Texas, does hereby recori-ancuJ the appointment of Dr. Charles Tarvin to serve the unexpired term of Dr. Glenn•Dr�n ington, which ends L?ecember 31, 1996; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS AND TIIE COMMISSIONERS COURT OF THE COUNTY OF LAMAR, that Dr. Charles Tarvin be, and he is hereby, appointed to serve: tli,-- unexpired term of Dr. Glenn Dunnington, which ends December 31, 1996, as a member of the Paris -Lamar County Advisory Board of Health. PASSED AND ADOI!7ED this 14th day of August, 9 . Eric . Cli ford, Mayor ATTEST: Mattie Cunningham, City CIC-k APPROVED AS TO DORM: T. K. Haynes, City Attorney APPROVED by the Commission s Court of I.:, -gar County, Texas, by adoption of the above Resolution on the 15� day of �, 199dy as reflected in Book , Page , of the Minutes of said Commissioners Court. Deane A. Lo hm , County Judge Lamar Count , e s ATTEST: Kathy P le, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney A 544 �E 545 Resolutiun No. 95 -111, authorizing the execution of 1 and Final for the Booker T. Washington Area Curb and Drainage, Phase III. T.C.D.P. Contract No. Construction Company, wa,• presented. A motion was Fulbright, seconded by "(.,!ocilman Neeley For resolution. The motion cart-,•6 7 ayes, 0 nays. Change order Number and Gutter, Paving 702471 with Drake made by Councilman approval of the RESOLUTION NO. 95 -111 WIIEREAS, the" City Council of the City of Paris did heretofore, in Resolution No. 94 -065, award the contract for BOOKER T. WASHINGTON PROJECT AREA CURB AND GUTTER, PAVING AND DRAIN GE PHASE II TCDP CONTRACT NO. 702471 to DRAKE CONSTRUCTIONT COMPANY; and, WIIEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. One & Final attached hereto as Exhibit "A ", which provides for a net increase in contract price of $37,769.03 for a total of $289,553.4:: fear adjusting As -Built quantities, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the BOOKER T. WASHINGTON PROJECT AREA CURB AND GUTTER, PAVING AND DRAINAGE PHASE II TCDP CONTRACT NO. 702471 project contract is hereby amended by Change Order No. One & Final attached hereto as Exhibit "A ", providing for a net increase in contract price of $37,769.03 for a total of $289,553.45 for adjusting As -Built quantities, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. One & Final. PASSED AND ADOPTED this 2nd day of October, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Iaynes, City Attorney 546 547 CHANGE ORDER (Instructions on reverse side) PROJECT: Booker T. Washington Area DATE OF ISSUANCE: Curb & Gutter, Paving & Drainage — Phase II OWNER: City of Paris (Name, P.O. Box 9037 Address) Paris, Texas 75461 -9037 No. 1 & FINAL CONTRACTOR: OWNER's Prqjcct No. T. C. D. P. No. 702471 Richard Drake Construction Rt. 1 Box 680 ENGINEER: City Engineer Pcwderly, Texas 75473 City of Paris CONTRACT FOR: The construction of approximately 12010 LF concrete curb & gutter, drives, paving ENGINEER's Project No. 46.37 and draina¢e You are directed to make the following changes in the Contract Documents. Description: See Attached Sheet Purpose of Change Order: Adjust As —Built QLaztities Attachments: (List documents supporting chang:, { CHANGE IN CONTRACT PRICE: Original Contract Price 5 251,784.42 Previous Change Orders No. -- to No. -- S 251,784.42 Contract Price prior to this Change Order S 251,784.42_ Net Increase (d1=9Xle) of this Change Order 5 37, 769.03. - Contract Price with all approved Change Orders s 289,553.45 CHANGE IN CONTRACT ThME: Original Contract Time 150 Days days or date Net change free previous Change Orders 0 Days _ Jays Contract Time- Prior to this Change Order 150 Days Jan. 1, 1995 days or date Net Increase 'tsetrescsaa of this Change Order 258 Days Sept. 15. 1995 _ days Contract Time with all approved Change Orders Sent. 15, 1995 days or date CzTX OF PA:AZS, Para,s.,. Texiqs: RECOMMENDED: APPROVED: by by _ .y Eric-S. Clif d, Mayor cdnt�t« EJCDC 14o. 1910 -8 -B (1983 Edition) Prepared by the Engineers' Joint Conuxt Documents Committee and endorsed by The Associated Genera! Contractors of America. 548 TOTALS ADD= 581,244.40 DEDUCT= (543,475.37) TOTAL NET CHANGE= 537,769.0 3 Resolution No. 9:i -112, amending Resolution No. 95 -100 with Exhibit A, and the Chamber of Commerce of Lamar County, Inc. has requested that said Exhibit A be amended to consolidate the Visitors and Convention Council operation and the Love Civic Center operation, was presented. A motion was made by Councilman Boyd, seconded by Councilman Hunt for approval of the resolution. The motion carried 7 ayes, 0 nays. A A C HINUL' T Change Order No. 1 and Final P�rq -iec : Booker T. Washington _"A:ea Curb and Gutter, Pavrna & r::A;r tge Project Number T.C.D.P. Number 702471 Justification: Adjus* As -Bid Quantities to As -Built Quantities. Seal coat deleted from project, HMAC pavement installed. Item. 1. 24" Curb & Gutter Adjust to As -Built Quantify 149 LF S14.78 5 2,202.92 2. 6" Thick Drive Approach 384.653 SY 529.25 S11,251.10 3. Level -up Asphalt and Single Ccoirse seal coat (13671.5 S'n 5 3.18 (543,475.37) 4. Concrete Valley Gutter 91.944 SY $32.50 S2,988.18 5. Level -up Asphalt 13611.5 SY S 1.25 S17,U89.37 6. Mill, tack coat and ,nachine lay 1 1/2" HNIAC Pavement 13671.5 SY 53.49 547,713.53 TOTALS ADD= 581,244.40 DEDUCT= (543,475.37) TOTAL NET CHANGE= 537,769.0 3 Resolution No. 9:i -112, amending Resolution No. 95 -100 with Exhibit A, and the Chamber of Commerce of Lamar County, Inc. has requested that said Exhibit A be amended to consolidate the Visitors and Convention Council operation and the Love Civic Center operation, was presented. A motion was made by Councilman Boyd, seconded by Councilman Hunt for approval of the resolution. The motion carried 7 ayes, 0 nays. r-- RESOLUTION NO. 95 -112 WHEREAS, the City Council of the ; -'ity of Paris did heretofore, on the 11 th day of September, 1995, pass Resolution No. 95 -100 with Exhibit A attached thereto, and the Chamber of Commerce of Lamar County, Inc. has requested that said Exhibit A be amended to consolidate the Visitors and Convention Council operation and the Lave Civic Center operation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C - , Tr.k _• OF THE CITY OF PARIS, that Exhibit A to Resolution No. 95 -100, be, and the same is ;«;c'by, amended in the form attached _ hereto as Exhibit A. PASSED AND ADOPTED this 2nd day of Octo4 ATTEST: Mattie Cunninbham, City Clerk APPROVED O FORM: T. K. Haynes, City Attorney S. ClifforMayor CONTRACT STATE OF TEXAS ) KNOW ALL MEN BY' THESE PRESENTS: COUNTY OF LAMAR ) That the CITY OF'PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. t'lifferd, df,i': authorized, hereinafter called CITY, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a corporation, acting by and through its President, Marshall K. Dougherty, M.D., duly authorized, hereinafter called CHAMBER, in consideration of the mutual covenants, agreements, stipulations and payments, do hereby contract and agree as follows: 1. That CHAMBER agrees to maintain a Visitors and Convention Council for the purpose of managing the Municipal Hotel Occupancy Tax Fund to promote tourism and the convention and hotel industry in the City of Paris, and for the purpose of operating the Love Civic Center. 2. That CHAMBER shall submit for approval a proposed annual program of work and budget for the Visitors and Convention Council which shall include dedicating three - sevenths (3 /7ths) of the total budget to a convention capital fund to be used for improving, enlarging, equipping, repairing, operating or maintaining the Love Civic Center, to the City Council of the City of Paris each year, on or before April 1, and shall submit for approval any proposed amendment to said program of work a minimum of thirty (30) days before the proposed effective date of such amendment. If the budget for this or any subsequent year is insufficient to fund the operation, maintenance or major repair fund for the Love Civic Center, then the budget for the following year for such purpose shall be increased to at least equal to the known shortfall so experienced. toXHISITA 554 551 Approval by the City Council of the City of Paris of the anmial budget creates a fiduciary duty in CHAMBER with respect to the revenue provided by the Municipal Hotel Occupancy Tax. 3. That CHAMBER's established Visitors and Convention 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 mee ins; aad a financial report to the City Manager of the City of Paris. 4: That CHAMBER shall be considered an independent co�zL"ractor for the purpose of this contract and shall, in no manner, incur expenses or liabilities on behalf of CITY. 5. T'iat CHAMBER agrees to 'sold CITY harmless from any and all claims by third parties for injuries, damages or liabilities that. might occur as a result of actions by CHAMBER in connection with this contract. 6. That CHAMBER shall recei & and deposit all funds provided herein in a separate banking account in such a manner as tc. 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 CITY under Article III of Chapter 30, Code of Ordinances of the City of Paris, pursuant to the approved program of work. That CITY shall retain five percent (5 %) of the quarterly collections under Article III of Chapter 30, Code of Ordinances of the City of Paris, to cover the .!osts of collection of said tax, provided, however, that the amount for colleci :on :,t said tax may be changed by the City Council upon a showing that the actual cost of said collection is more than five percent (5%). CITY shall pay over tax funds collected to CHAMBER within ten (10) days after the collection thereof as provided in Section 30-40 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 30 -38 of the Code of . Ordinances of the City of Paris. CHAMBER agrees to make periodic reports to the City Council at least quarterly, listing the expenditures made with revenue from the Municipal Hotel Occupancy Tax Fund. 9. That CHAMBER will, at the same time of presentation of the above described quarterly reports, provide a report of its activities with regard to the use of the funds herein provided for in order that CITY may evaluate t;ie results of the promotion and advertising campaign so conducted. 10. That CHAMBER may secure and pay for, out,of funds herein provided, the services of individuals or corporations to promote tourism and the convention and hotel industry in the City of Paris. 11. That the term of this contract shall be for a term of five (5) years beginning October 1, 1995, and end',ng September 30, 2000. Parties must inform each other during the month of March, 2000, as to their intentions to renegotiate an agreement for the administration of the Visitors & Convention Council. Executed on the dates shown in the acknowledgements below. .2 ATTEST: Mattie Cunningham, City Clerk CITY OF PARIS, PARIS, TEXAS Eric S. Clifford; Mayor 55,E APPROVED AS TO FORM: T. K. Haynes, City Attorney BY: ATTEST: George Struve, Secretary STATE OF TEXAS ) COUNTY OF LAMAR ) CHAMBER OF COMMERCE LAMAR COUNTY, INC. Marshall K. Dougherty, M.D., President BEFORE ME, the undersigned a :.,otority, on this day personally appeared ERIC S. CLIFFORD, Mayor of the City of Paris, T'dris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to rre that he executed the same for the purposes and consider, tion thto6n expressed and in the capacity therein stated. CIVET; UNDER MY HAND A'.1D SEAL OF OFFICE t:- is day of September, 1995. Notary Public, State of Texas 3 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, 'the undersigned authority, on this day personally appeared MARSHALL K. DOUGHERTY, M.D., President, Chamber of Commerce of Lamar County, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed 1[he same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT, OF OFFICE this day of September, 1995. Notary Public, State of Texas A motion was made by Mayor Clifford, seconded by Councilman Bell to adjourn the meeting. The motion carried 7 , 0 nays. Ek ATTEST: MATTIE CUNNINGHAM, CITY L RK 554 55� MINUTES OF THE REGULAR MEETING OF THE (.TTY COUNCIL October 5, 1995 The City Council of the City of Paris cia-' in regular session, Thursday, October 5, 1996, 6:00 P. M., City Council chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan Boyd, John Bell, Charles H. Neeley, and Aaron Jenkins. Also present was City Manager Michael E. Malone, City Attorney, T. K. !;ynes, and City Clerk, Mattic Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on October 2, 1995, and attached hereto as part of these minutes as Exhibit A. M -yor Clifford announced that Mike Patterson, News Reporter, had requested that Agenda Item No. 11 be move forward, and called for a motion. A motion was made by Fulbright, seconded by Councilman Boyd to bring Agenda Item No. 11, Introduce ordinance to annex and proper zoning upon annexation of approximately 20.32 acre (Tenaska III Texas Partners property) on Highway 271 North, and approximately 70.08 acres of Lake Crook Propert;; (newly acquired from Richard B. Swint), forward. The motion carripJ 5 ayes, 1 nay, Coun,41man Bell voting no. ANNEXATION OPDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, FARIS•, (EXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 98. -b ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PERCENT (10 %) OF THE rcRRITORY INCLUDED UTTHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITO "Y LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, T,XAS; APPROVING SERVICE PLANTS AND PROVIDING ZONING FOR SAID TERRITORY was read by City Attorney Haynes. City Attorney Haynes advised that there was no action requi. °::: at this time, that the requirement that this be published and the reading that he ':ad just preformed was required. Charles Waldrum, Attorney, representing Tenaska III, which is the owner of several lien holding improvement located on tract one that is subject to consideration, appeared before the Council. Mr. Waldrum said he would like to reiterate the fact that erias:cU- does not oppose the annexation but is requesting that the annexation occur after January 1, 1996 which would thereby allow the seven year tax relief to the industry which has been the long standing policy of the City of Paris to industries. Mr. Waldrum said he just wanted to renew this request. City Manager Malone called for consideration of and action on approval of the Final Plat of Lots 26 and 27, City Block 91. City Attorney Haynes said at the request of the wn er of this property, Mr. Jimmy Johnson, he request that this matter be tabled and that it might possibly be placed on the Monday night's agenda. City Attorney advised that there are some decisions to be met as to how this property can best be plated in order to satisfy the financial requirements of the owner. A motion was r;iade by Councilman Bell, seconded by Councilman Jenkins to table action on the Final Plat of Lots 26 and 27, City Block 91. The motion carried 6 ayes, 0 nays. Mayor Clifford requested that he be excused from the council meeting due to conflict of interest regarding the next item. A motion was made by Councilman Fulbright, seconded by Councilman Boyd to excuse Mayor Clifford. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Final plat for a portion of Lot 16, City Block 250. A motion was made by Councilfiian Neeley, seconded by Councilman Bell for approval of the Final Ll,at subject to the requirements of the City Engineer. The motion carried ; ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Jenkins to allow Mayor Clifford to return to the council meeting. The motion carried 5 ayes, 0 nays, and Mayo, Clifford enter the council chamber and assumed his seat at the council table. City Manager Malone called for consideration of and action on approval of the replat for Lot 13 -A, City Block 242. A motion was made by Councilman Bell, seconded by Councilman Boyd for approval of the Replat of Lot 13 -A, City Block 242, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on approval of the Final Plat of Wildwood Estates, and advised that the Planning and Zoning Commission had table action on the Final Plat, and City Manager Malone recommended that the Council also table action until action is taken by the Planning and Zoning Commission. A motion eras made by Councilman Jenkins, seconded by Councilman Fulbright to table action on the Final Plat of Wildwood Estates. The motion carried 6 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Bobby Smallwood, Townwood Estates, from Agricultural District to SF- 2- Commercia1 - PD- B- Office District; Carles Sterling, 2810 N. E. Loop 286, Lot 29, City Block 259, from Commercial District to Commercial Use Permit with Specific Use District (52); Carles Sterling, 2671 N. Main St., Lot 2B, City Block 307, from Commercial District to Commercial with Specific Use Permit No. 52 District; Teddy Smotherman, claims to be the agent of and unknown person, City Attorney Haynes said this would have to be clarified and in the event we do not, it will be removed for the list of referrals, and will inform the Council on Monday night it will have to have the owner requesting the zoning change, or evidence that he is acting on behalf of the owners, 50G for Lot 2, Block 10, Town North Addition Locatc.4 at the 2900 Block of Kessler, from Single Family No. 2 District to Fwo Family 2F District, questions 1 through 4 are unanswered, so they wl'il have to be answered before it can move forward, but if it n ^* cleared up by Monday night it will be removed for the list, friary Anne Chalaire Block 8, City Block 112, 441 S. E. 12th, she claims to be an agent, but does not say of whom, so the disposition will be made of it as the other one, from Office District to Neighborhood Service District. Mayor Clifford advised that there matters will be referred to the Planning and Zoning Commission for their recommendation on November 6, 1995, and before the City Council November 9, 1995, and said City Attorney Haynes will advised the Council on Monday night regarding the applications that are incomplete whether they are to he withdrawn or if thev have been corrected. City Manager called for a report from the Building Hazard Inspection Committee. Mike Alexander, Code Enforcement Office for the City of Paris, came forward presented a rep;rt of the Building Hazard Inspection Committee. There was ?2 %tems of the report, and Mv. Alexander review each location of property with the Council presenting pictures of each one. Mayor Clifford declared the public hearing open concerning property determined by the Building Hazard Tnspection Committee to be a fire hazard and /or dilapidated or oa ,gerous structure and or a nuisance. Mayor Clifford called for tbcsc who wished to speak regarding property regarding their property, and Calvin Gibson app( }ared in behalf of his property located at 1117 3rd S. E. advising the Council that he had sold this property to Morris Alexander on a contract for deed, July 3, 1989, and it is listed on the tax roll under his name and Mr. Alexander. Mr. Gibson said he had since deeded the property to Mr. Alexander. Mr. Gibson a�sc said he was in agreement with the removal within 30 days, but he wanted it noted that it is Mr. Alexander's property not his. Mike Alexander, Code Enforcement Office for the City of Paris questioned if we were trying to determine the owners the property. City Attorney Haynes advised that if there is a deed and if it has been recorded, the City would need a copy of it. Mr. Gibson assured the Council that it has beer - 2corded, and he would bring a copy of the deed.. Mr. Gibson also spoke regarding his property at 946 S. Main Street, he said he has owned this property for approximately 20 years and two years ago he sold it to a Hispanic family, they lived there up until July 15th. Mr. Gibson said they move leaving the property, and he was in agreement to repair the house. 558 David Parke• owner and resident of 719 E. Houston appeared before the Council in behalf of his property. Mr. Parker requested additional time for removal of the structure which was through December 31, 1995. No one else appeared, and the'Oubl-ie hearing was closed. City Manager Malone called for consideration and action on preparation of an ordinance declaring certain structures to be hazardous and the disposition of the same. A motion was made by Councilman Bell to allow Mr. Parker the additional time as requested, and delete the property at 1117 3rd S. E. if Mr. Gibson produces a recorded deed to this property, and requested that the City Attorney advise the Council on this matter Monday night. The motion was seconded by Councilman Fulbright, and carried 6 ayes, 0 nays. City Manager Malone reported that in the Paris News today there was a story concerning the administrative order sent to the City from the EPA, and this is a method by which the EPA communicates with the City formerly. City Manager Malone said the City has been in a series of administrative order for various improvement to be made to the wastewater collection system for a number of years. City Manager Malone said that he would discuss this further with the Council at a later meeting as the staff is working on our response to the EPA, and as you realize when we receive an order from the EPA concerning what has to be done, our job is to formulate a formal response, and let the EPA know what actions have been taken to various matters that they have asked us to accomplish, and offer to them a plan of how to complete action that would abate the problem that they are trying to address. City Manager Malone said this particular order is a continuation of the one that we have been under for a couple of years, and speaks to specific areas of the City where there are overflows of the sanitary sewer system into adjacent creeks and water. City Manager Malone said the subheadlines of this article states that water and sewa rates may increase. City Manager Malone said as a general statement, I guess that is always a possibility at some point in the future we realize that water and sewer rates may increase, and said that the subheadline was taken from a statement made by Mr. John Stacy who is the person in the Dallas office of the EPA with whom he communicates with about this administrative order, and his comment is made really without the knowledge of our particular situation overall in regard to the water and wastewater system improvement. Mr. Stacy is working specifically with the City on this administrative order which is just a portion of the improvement to the system that relates to water and sewer rates, and when he states effective December the first the City will get a new permit which may come with more stringent regulations, in fact, the City has received from the EPA, NPEDS Permit, and the City has gotten an extension until 1998 to accomplish the improvements to the system that will be needed to meet the more stringent limits in whole. It is partially because of the new permit that the water and wastewater rates were increased in March of 1994 through that study, so Mr. Stacy was unaware that we have already sold revenue bonds and placed into the rate the amount of monies needed to 559 pay debt service on that bond issuance, so e.he,-a is no additional increase beyond what is already in the rate that proposed contemplated at this time. City Manager Malone said the City has funds available, decisions have been made, and Engineering 44 s preceding to make substantially improvements to the wastewater treatme!,t plant to meet these more stringent regulations. The maGne.y is in hand and the rate is set at this time to fund those im — r.vemeri-c. that is not to say they may not sent additional regulations from Washington or from Austin that we might have to meet in a future date, but City Manager Malone said he wanted to m,4e clarification because we do not viant to alarm the customers that the water and sewer rates are about to increase at this time, no inc -ease in contemplated at this time. There being no further business, the et' adjourned. ERIC S. CL ORD, MAYOR, CITY OF PARIS ATTEST: MATT E CUNNINGHAM, CITY 1,Lc ":�� MINUTES OI"'i lE I S - 11 Iza PLANNING AND ZONiN<► COMMISSION Monday, October 2, 1995 The Planning and Zoning Commission met Monday, October 2, 1 y-)5 at 5: )0 P.M. in the Council (Zoom, City I fall, Paris, Texas with the i01owing members present: 1. Reeves i layter - Chairman 4. Marshall Kent 2. lava Flenniken 5. Curtis Fendlcv I Louis Yates 6. Joe McCarthy Farl Smith, City Engineer, and T.K. I laynes, City Attorney, were also present. The meeting was called to order by Reeves Hayter. 2. 3. The minutes from the September meeting was approved with a motion by ('urtis Fendley, seconded by Marshall Kent. Motion carried by a vote of 5 ayes and 0 nays. Consider recommendation of the Final Plat for Lots 26 & 27 City Block 91. A motion was made by Curtis Fendley to excuse Louis Yates from the meeting. The motion was seconded by Marshall Kent and carried by a vote of 5 ayes and 0 nays. A motion to approve recommendation was made by Curtis Fendley subject to the City Engineer's memo dated October 2, 1995. The motion was seconded by Marshall Kent and carried by a vote of5 ayes and 0 nays. A motion to return Louis `; ates to the meeting was made by Marshall Kent and seconded by Joe McCarthy. Motion carried by a vote o','5 ayes and 0 nays. Consider recommendation of the Final Plat for a portion of l,ot 16, City Block 250. A motion was made by Joe McCarthy to approve recommendation subject to the City Engineer's memo dated October 2, 1995. The motion was seconded by l:va Flenniken and carried by a vote of 6 ayes and 0 nays. 4. Consider recommendation of the Replat for Lot 13 -A, City Block 242. Nadine Ausbic joined the meeting. A motion to approve was made by Curtis Fendley subject to the City l ngincer's memo dated October 2, 1995, including denial ofrequested variance from curb and gutter requirement. The motion was seconded by .toe McCarthy and carried by a vote ol' 7 ayes and 0 nays. 561 5 Consider recommendation of the Final P!at for Wildwood Estates. Earl Smith, City Engineer, explained deficiencies with the subd'vlsint, --n it currently exists, noting the HMAC street, as well as the class pipe for water instcad.. of AWWA C -900. T. K. Haynes, City Attorney, explained the Subdivision Ordinance requir ^ments and recommended tabling the recommendation to allow J- .4loper to furnish more information. Don Lnsey addressed the Planning and 'Zoning Commission, saying; he was told by city staff that as long as the lots were 5 acres or larger, he would not have to comply with City Subdivision Ordinance. I le stated that he had proceeded in good faith on what he was told. Nadine Ausbie made a motion to table: recommendation and have owner furnish Hil'brmation in the City Engineer's memo dated October 2, 1995. The motion was seconded by Louis Yates and carried by a vote of 7 ayes and 0 nays. The mecting was adjourned at 6:00 p.m. Earl Smith 562 MINUTES OF THE REGjLAR MEETING OF THE CITY COUNCIL October 9, 1995 The City Council of the City of Paris met in regular session, Monday, October 9, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following 'Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard, Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Police Chaplain, Larry Baker. Mayor Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. _ City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and the minutes for the Paris Public Library Advisory Board, Utility Rate Study Committee, Paris Economic Development Corporation, and the Paris -Lamar County Board of Health had been furnished with no action being requested. Mr. Gary Vest, Director of Economic Development/ Chamber of Commerce, C. E. 0., came before the City Council giving a quarterly report for the Paris Economic Development Corporation. Mr. Vest reported that since the last time he had reported they have had a total of 36 inquiries generated by advertising program, 3 direct inquiries that came to the office directly. Mr. Vest said they had visited two plants, T &K Inc. and Rodger -Jade. Of the PEDC project currently underway during this quarter, they have completed Park Street which is the back entrances into the Northwest Industrial Park, and it is also the main entrance into T &K Machine, and PEDC paid for resurfacing of that road at a cost of approximately $25,000.00. Mr. Vest advised that other projects they have done in the last three months is the Texas Marketing Team, which is a part of the Texas Economic Development Council held a CEO appreciation for industries statewide, promoting a dinner with the Governor. Mr. Vest said they took Mike Crammer from Phillips Lighting as their representative from Paris, also there was a TF.DC Annual Conference in Irving, September 12th through the 15th that they particip=,ted in which included several sessions on economic development sales tax. T.K. Haynes and Phillip Cecil attended some of these sessions with him. Mr. Vest said there will be a special award coming up this week at the Chamber Banquet for the first time the PEDC is going tc give an industrial appreciation award. The PEDC has committed to a trade show coming up in December which is the Kim Show in New York City, and it is basically for chemical process industries, and the PEDC will be an exhibitor at this show that they had gone into partnership 563 with several cities, Lone Star Gas, and a few c--her, to try to stir up prospects from that show. Mr. Vest said the largest tieing they had had over the past three months is the announcemt:nt r;f BITCO, a small company who manufacture mining bits, that t:;ev have been able to attract to Paris. The PEDC is working very cl:sely with BITCO to get them underway. Mr. Vest said PEDC is preparing to start construction on a building, and it will be f.ppY-cx5mat.e1-1 20,000 square foot, and secured finance from the Northeast Texas Economic District for an improvement loan. BITCO will employee 24 people, with a direct payroll of ab6ut 1.2 million dollars a year in the Paris economic, and will add over one -half million dollars to our tax roll. City Manager Malone caller' for consideration of and action on authorizing the preparatior of an ordinance revising Section 31 -65 (b) of the Code of Ordinances revising the Traffic- Control Map providing for a stop sign on East Garrett Street at 5th Street N. E. stopping East and West bound traffic. A motion was made by Councilman Bell, seconded bj Councilman Jenkins authorizing the preparation of an ordinance revising Section 31 -65 (b) of the Code of Ordinances revising the Traffic - Control Map providing for a stop sign on East Garrett Street at 5th Street N. E. stopping East and West hound traffic.' The motion carried 7 ayes, 0 nays. A motion was made by Cou-icilman'Boyd, seconded by Councilman Fulbright authorizing preparation of an ordinance revisira Section 31 -65 (b) of the Code of Ordinances revis,r ;g the Traffic- Contrul Map providing for a stop sign on 18th Street N. W. 35.; West Walker stopping North and South bound traffic. The moticr, carried 7 ayes, 0 nay;. A motion was mad by Ccunc.Inaa Bell, seconded by Councilman Jenkins authorizing preparation of all ordinance revising Section 31 -65 (b) of the Traffic Control Map reroving a No Parking designation on the east side of South Main Street- from the north curbline of Hearne Street north 300 feet. the motion carried 7 ayes, 0 nays. Ms. June Key, 410 6th Street N. E. representing the Fairland /Littlejohn Cemetery Association, appeared before the Council requesting permission to use city equipment to elp clean, cut and grind the east /west periphery of the cemetery. Ms. Key explained that in the past they have had volunteers to help clear. and clear the cemetery, and they have cleared approximately 1,000 feet across the front of Clement Road and down through the center of the cemetery, but they need help with heavy equipment to do some of th&, otF.--�r things they need to do, and that she was requested help from the City of Paris. Ms,. Key also presented a petition to the Council. After discussion of the possibility of using pity equipment, Mayor Clifford asked the City Manager and City Attorney Haynes to research the law and see if the City could go on private prope:•ty, and to meet with Ms. Key regarding this matter - Mr. Morris Simmons, 330 26th Street S. E., appeared before the Council requesting the widening of Buttermilk Creek from Hubbard Street down to " r't C where it has been widened and to clean underbrush out. Mr. Simmons told the Council that during heavy rains water gets in his storage building. After discussing this with the Mr. Simmons, the Council requested a survey of drainage work needed for the whole City, and further requested that this survey be presented to the Council at the January 1996 regular meeting, and also to place Mr. Simmons on the agenda for January 1996. Mr. Henry Hicks, 1905 Culbertson, appeared before the Council telling the Council that his water and sewer bill had been adjusted, and he appreciated that, but went on to say that the elderly people of the City was having a difficult time paying their bills, and requested additional reli -f:for them. City Manager Malone said the recent article following the action took using a different methodology concerning the residential wastewater rates, one of the things stated in the meeting, and I did not notice in the newspaper, when the City gets the software changed later this month the City plans to go back and run all the bills for August, September, and October through the computer and make any adjustment to the bills for those months for those customers -hc's bill would have been lower due to the use of an winter average. City Manager Malone said this is a major point that might not have got over to the citizen. ORDINANCE NO. 95 -042 AN ORDINANCE 'AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO, AT THE EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF PARIS; PROVIDING FOR INCREASED. PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OR DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeley for adoption of the ordinance. the motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -043 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE was presented. A motion was made by Councilman Boyd, seconded by Councilman Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. 564 565 ORDINANCE NO. 95 -044 AN ORDINANCE ALLOWING CERTA ,:! EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIRED NT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGE3_ AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HA:` BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF Atl SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY was presented. A motion was made Coucilman Fulbright, seconded by Councilman Neeiey for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -045 AN ORDINANCE ESTABLISHING ^ MAXIMUM, REASONABLE AND PRUDENT RATE OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE NOT TO EXCEED $?00.00; REPEALING ALL ORDINANCES OR PARTS OF OReTMANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFEC"iIVE DATE OF NOVEMBER 1, 1995 was presented. A motion °was made by Councilman Hunt, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone calleO for consideration of and action on an ordinance revising Se:t'kn- 31 -65 (b) of the 'traffic Control Map providing for No. Parking designation in the 30 block of Long Avenue beginning at the west � -.0 o i.:- of South Main ')-�reet West to the east curbline of 1st Street S. W. Calvin Gibson came forwaro telling the Council thac he lives on the corner of 1st S.W. and 1-Jest'Lut'g, and advised that there was only three property owners. Mr. G bson said to his knowledge no one had complained, and wanted to what- the basis of this ordinance was. City Manager Malone explained that this was a request that was placed on the Traffic Commission's agenda which was previous to the meeting the Council had last week, but he did not have a copy of the minutes of the Traffic Commission's meeting, and recommended that this ordinance be table as there may be .�ca -e confusion as to whether the city is on the right street. After further discussion, a motion was made by Councilman Neeley to table action on the ordinance for further information. The motion wa,, seconded by Councilman Boyd. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -046 AN ORDINANCE CONTAINING A HEARING ON PROPERTIE:" LOCATED IN THE CITY OF PARIS, TEXAS, BELONGING TO VARIOUS OWNERS, AND t.J; ORDIIANCE OF THE CITY COUNCIL FINDING THE MATERIAL REMA jNING ON THE 1,r EMISES TO CONSTITUTE A NUISANCE AND TO BE A FIRE HAZARD TO I.TFF AND PROPERTY AND A HAZARD TO V � V THE LIFE AND WELFARE OF THE INHABITANTS OF THE AREA, AND ORDERING SAID RUBBISH, LUMBER AND 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 Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Clifford requested tha t:e be excused from the Council meeting due to conflict of interest. A motion was made by Councilman Hunt, seconded by Councilman Boyd to excuse Mayor Clifford, and Mayor Clifford departed the council chambers. Resolution No. 95-113, authorizing the City Manager, Michael E. Malone, to execute ors - oehalf of the City of Paris, the thirty -five year lease with Mark Buster for property located at Cox Field Airport, Paris, Texas, was presented. Ed. Ellis, Attu rney, 10 S. E. 8th Street, appeared before the Council stating that he represented Mr. Buster and Billy W. and Donna J. Winters, and both are requested to build rather substantial hangar at Cox Field, Mr. Ellis said Mr. Winters hangar is going to be approximately 6,000 square feet it is tended to house a Beachcraft King Air which is a fairly large twin engine aircraft. Mr. Buster who presently has an aircraft at the airport which is not in a hanger. Mr. Ellis said these aircraft are very expensive, and should never be left outside. Mr. Ellis said it has been the practice of the City on numerous other occasions to enter into contract with individual businesses where by the City will permit the individual to build a hangar on City property, the City owns close to 2,000 acres around the airport, and felt that space is really not an issue, but in exchange for these individual building and giving to the City the permanent structure, the City then in turn permits that person to use the hangar for a period of time. The real issue is these individual enter into a thirty -five year term lease where there would be no rent vs the twenty -five. In the past the City has traditionally used the 25 year amortization for the person to use the hangar until he begins to pay rent; however, with most everything else prices have gone up, cost of aircraft has gone up, hangar construction has completely changed, and these hangar are very large structures. Mr. Ellis again requested the Council to consider this thirty -five year period rather than the twenty -five, and the way it has worked in the past is that the owner who does this and contracts with the City will get twenty -five years free use of his own building, and then for ten years he would have some type option at a set rate, but we are asking that it go from 25 to 35 year on the facility with a 10 year option on the rate. City Attorney Haynes advised that it is good to attract people, and felt that the plan that we have offered the 25 years plus the 10 year option is a nice incentive, and there are other things that go along with it that has nothing to do with what is being presented tonight, and also encourages those people to come to Paris things that have been changed, but things that make it a nice place to come and operate their aircraft. Mr. Haynes pointed out that this is a tax free lease for twenty -fiv -o years, and it is the recommendation of the staff, and to go beyond that, he:did not know if the City could get it approved by FAA. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 1 nay, Councilman Neeley voting no. 56'7 RESOLUTION NO. 95 -113 WHEREAS, the City Council of the City of Paris has receivrd a request from Mark Buster to lease property at Cox Field Airport, Paris, Texas, foi the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best inter_st of the Cox Field operation and the City of Paris that aeronautical activities for the fly; -,, public he encouraged; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NO'W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement attached hereto as Exhibit A be, and the same is hereby, approved; and, BL IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the thirty -five (35) year lease with Mark Buster for property located at Cox Field Airport, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED iii:; 9th day of October, 1995. r Eric S. CfAbrd, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: . K. Mypes, Attorney 568 LEAS T COUNTY OF LAMAR' ) KNOW Aft MEN 13Y THESE PRESENTS: STATE OF TEXAS ) THIS LEASE AGREEMENT' is made this._9th day of October, 1995, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and MARK BUSTER, P. 0. Box 2219, Sulphur Springs, Texas, hereinafter referred to as LESSEE. WITNESSETH For and in consideration of the payment of the sum of THIRTY THOUSAND AND N01100 DOLLARS ($30,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on Gr before October 15, 2020, with a like payment on or before the 1st day of each month thereafter during the remainder J the term hereof, said CITY OF PARIS does hereby lease, rent and let unto MARK BUSTER, that portion of Cox Field property described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes. The term of this Lease is for THIRTY -FIV (35) years, beginning on the 15th day of October, 1995, and ending on the 14th day of October, 2030. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease fo:.- an additional period of TEN (10) years, the rental for the renewal to be based on the fair market value at the time of renewal, being October 15, 2030. IN CONSIDRRATION 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 and delay. 2. That this Lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from the United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for all purposes. 3. That LESSEE, his successors or assigns, agrees that, in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for a purpose for whirl-. a Department of Transportation program or activity is extended or for EXHIBIT. A Lease Agreement - page 1 ass another purpose involving the provision t similar services or benefits, the LESSEE shall maintain and operate such facilities and services ir: compliance w t.f 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 Fedc a.'.y- Assisted Programs of the Department of Transportation- Effectuation of Title VI of tl, ,.: Civil Rights Act of 1964, and as said Regulations may be amended. 4. That LESSEE, his successors or assigns, agrees that (i) no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person, on ;;te grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the LESSEE shall use the premises in compliance 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, Nondi:.c�-imination in Federally- Assisted Programs of the Department of Transportation-Effectuation cf Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEE shall compl; with all conditions and requirements established in Department of Transportation, Federal Aviation Administration, Grunt Agreements No. 8 -48- 0169 -02 and No. 6- 48- 0169 -03. 6. That LESSEE will abide by and comply with all rules, re- Wations, ordinances and laws pertaining to the use of the airport 10-cated at Cox Field, including but not limited to the City of Paris .Airport, Manual and Federal Aviation Ad mini str tioL' oun,-,s and regulations pertaining to Cox Field, and in addition thereto will abide by and 4_ imply with all ordinances of the City of Paris and all laws of the State of Texas P-o—Irning citizens and property within the City of Paris. 7. That LESSEE will use that portion of such premises in his possession for private hangar space, for aeronautical activities for ,r:iich 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. Furthei, :t is hereby ag:--ed by and between LESSOR and LESSEE that LESSEE shall be Lease Agreement - page 2 570 permitted to sublease any or all portions of the prqnVses described in Attached Exhibit "A" for private hangar space and for aeronautical ctivities ;,which sublessee 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 permitted purposes, LESSEE desires to build, at his own expense, a hangar building and apron in pursuit of such uses, LESSEE will be so permitted upon application and approval for building permit or permits from the City of Paris, of all steel construction, similar in appearance and construction to the existing enclosed hangars in accordarce with the floor plan described in Exhibit B, attached hereto and made a part hereof for all legal purposes, and such structure will not violate any of the rules or regulations of the City of Paris or the Federal Aviation Administration. It being agreed and understood that LESSEE wall be responsible for electric utilities furnished to the hangar building during the term of this Lease. In the event of a termination of this Lease by the City of Paris, as permitted herein during the first TWENTY -FIVE (25) years of said Lease, the City of Paris will be obligated to pay to LESSEE 1 /25th of the original cost of said hangar and apron, .— multiplied by the number of years remaining in the first TWENTY -FIVE (25) years of this Lease, which ends October 14, 2020. In the event that final termination of said Lease occurs during the final TEN (10) years of said Lease, there shall be no payment due LESSEE. In the alternative, in lieu of payment for termination during the first TWENTY -FIVE (25) years of the term of this Lease, the City of Paris may agree to give LESSEE hangar space of equal quality, size and usefulness, at no expense to LESSEE, for the remainder of the first TWENTY -FIVE (25) years of the term of this Lease, and, in such event, LESSEE is granted the right to lease such substitute space for TEN (10) years for THIRTY THOUSAND AND NO 1100 DOLLARS ($30,000.00), payable as aforesaid, and an additional option term of TEN (10) years, at a rental rate to be based on fair market value as aforesaid. In the event that LESSOR terminates the Lease, LESSOR will make available any other suitable hanger space at the termination of any existing Lease to LESSEE at fair market value rent. 9. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR 0 injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this Lease in as :good Lease Agreement - page 3 571 condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this Lease, peaceably yield up to LESSOR all and sipgular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent installation of equipment and fixtures, and fences. 10. That it shall be lawful for LESSOR's Airport Manages to enter upon and into the leased premises, and every part thereof, at all timer to- to ►e purpose of inspecting and examining the condition thereof. 11. That LESSEE, with the consent of LESSOR, in writi?. :r,, first had and obtained, has the right to assign this Lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this Lease. 11. That LESSEE agrees to indemnify, save, keep and hold tarmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from LESSEE's; his invitees, agents, servants or employee's use, and LESSOR shall not be liable to LESSEE, i?is it jitees, agents, servants, employees or visitors due to the improvements located tliere ,)n, cr-�.° , -after constructed, or any other condition of the premises being improperly constructed, m2 :stained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must, at ail times during the term of this Lease, and any extensions hereof, keep and maintain, in full force and eff4ct, a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 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, :;r any part thereof, as the result of the negligence of LESSEE, his invitees, c:ge;G , 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 issuM by a reputable insuran: ;.- zompany or companies, with LESSOR as an additional insured, sucjtrc;t 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 Lease Ag=reement - page 4 b72 to the City Clerk of the City of Paris, 150 1st StreetS.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate f .om s 1� any or companies, evidencing the fact that such insurance is in, full force and effect at all times during this Lease, and any extension ,. . hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following ardress: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. 13. LESSEE will not rent the premises, or any part thereof, for aircraft storage unless a permit under Article `1I, - Chapter 6 of the Code of Ordinances of the City of Paris, has been issued to him for that specific purpose. 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 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 hereof 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 (30) day period, a second notice, in writing, by certified mail, affording a hearing before the Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airport Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend to the City Council that the Lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. 16. That the LESSOR may, at its option, terminate this Lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of either of the above contingencies, the LESSOR 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 of either Lease Agreement - pnge 5 573 of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this Lease to satisfy its obligation of compem;:P -n to LESSEE. 17. The terms of this Lease are binding on, :md the benefits ).e-ein inure to, the heirs, administrators and executors of LESSEE. EXECUTED ON the dates shown in acknowledgements below. CITY OF PAR �,s , LESSOR: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS } COUNTY OF LAMAR } By: Michael E. Malone, City Manager LESSEE Mark Buster BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, 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 lie executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY hIAND AND SEAL OF OFFICE this the day of October, 1995. Notary Public, State- W- .'exas STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned &utliority, on this day personally appeared MARK BUSTER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed. Lease Aereement - page 6 I 574 GIVEN UNDER MY IIAND AND SEAL OF OFFICE this the day of October, 1995. Notary Public, State of Texas Lease Agreement - page 7 t 5 ,l B8 ego `q0'E dD.b " 0 6./0AL. M o ' FIELD NOTES N M e I Being all that certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the William Scott Survey, Abstract No. 856 and a part of the same land described in deed from the United State- of America to the City of Paris, recorded in Volume 308, Page 267, Lamar County Deed Records and being further described as follows: ^.ommencing at an iron pin for corner at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance to Cox Field Airport; Thence North 59 Degrees, 47 Minutes, 20 Seconds East a distance of 1485.88 feet to an iron pin set at the Southwest corner of this tract; Thence North 1 Degree, 39 Minu►(!::, _20 Seconds West a distance of 80.0 feet to an iron pin set for corner; Thence North 88 Degrees, 20 Minutes, 40 Seconds East a distance of 80.0 feet to an iron pin set for corner; Thence South 1 Degree, 39 Minutes, 2:1 Seconds East a distance of 80.0 feet to an iron pin set for corner; Thence South 88 Degrees, 20 Minutes, 40 Seconds Jest a distance of 80.0 feet to the place of beginning and containing 0.' 17 ac:.c � 'and. I, R. Brandon Chaney, Registered Professional Land Surveyor, No. 4057, State of Texas, certify that the above Plat and Fiela Notes depict and represent aqn actual Survey made on the ground under• my supervision and finished S e— 12 f—. 1 ! 1995. R. Brandon Chaney, R.P.L.S. N' 4 STATE OF TEXAS COUNTY OF L AMAR BEFORE ME, the undersigned authority. a Notary Public in and for said County and State on this day personally appeared R. brander Chaney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed same for the purpose and consideration therein expressed. • GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D. 1995. asrrrrrarr .aaaaP. _tt" 1i. ♦fir, i n / NRY P& NOTARY P'_'C:.'C, i7ATE OF TEXAS TT y Fkp I RE`' J �'•. 2,C6 -9I .•'��, Resolution No. 95 -114, authorizing and directing t.hF City Manager, Michael t. Malone, to execute on behalf of the City of Paris the thirty -five year lease with Billy W. and Donna J. Winters for property located at Cox Field Airport. was presented. The notion carried 5 ayes, 1 nay, Counciliiian lt�-Key voting no. .. 576 RE, E,SOLUTIO 4 WHEREAS, the City Council of the City of Paris has received a request from:Billy W. and Donna J. Winters to lease property at Cox Field Airport, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; and, WIIEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement attached hereto as Exhibit A be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and lie is hereby, authorized and directed to execute, on behalf of the City of Paris, the thirty -five (35) year lease with Billy ,W. and Donna J. Winters for property located at Cox Field Airport, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 9th day of October, 1995. Eric : Clif ord, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED . S TO FORM: T. K. Haynes, City Attorney 5'7'7 LEASE AGREEMENT COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS ) TIIIS LEASE AGREEMENT is made this 9ih day of Octo')er, 199.;, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corrut- i.3n, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and BILLY W. WINTERS and DONNA J. WINTERS, 1825 F.M. Road 195, Paris, Lamar County, Texas, hereinafter referred to as LESSEES. WITNESSETH For and in considc:-ation of the payment of the sum of TIJIRTY- TTIREE TIIOUSAND SIX 1JUNDRED AND NO /100 DOLLARS ($33,600.00), payable to t'►. CITY OF PARIS, a municipal corporation, as follows: $280.00 on or before October 15, 2020, with a like payment on or before the 1 st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let :Into BILLY W. WINTERS and DONNA J. WINTERS, that portion of Cox Field property described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes. The term of this Lease is for THIRTY-FIVE (35) years, beginning on the 15th day of October, 1995, and ending on the 14th day of October, 2030. It is further agreed to by LESSOR and LESSEES that LESSEES shall have the option to renew such Lease for an additional period of TEN X10) years, the ;cntal for the renewal to be based on the fair market value at the ,i- -ie es renewal, being October 15, 2030. IN CONSIDERATION IIEREOF, it is mutually agreed by and btl -tween LESSOR and LESSEES: 1. That LESSEES pay to LESSOR, or ^r�'P-, i-i City Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 2. That this Lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from the United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for all purposes. [.ease Agreement - page I 3. That LESSEES, their successors or assigns, agree that, in the event facilities are constructed, maintained, or otherwise o p" at d ou th 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 LESSEES 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 Transportatiot-Effectuadon of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 4. That LESSEES, their successors or assigns, agree that (i) no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the oenefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) 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 participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the LESSEES shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEES shall comply with all conditions and requirements established in Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8 -48- 0169 -02 and No. 6- 48- 0169 -03. 6. That LESSEES will abide by and comply with all rules, regulations, 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 regulations 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. Lease Agreement - page 2 578 519 7. That LESSEES will use that portion of such premises in their possessions for private hangar space, for aeronautical activities for which they hold permits issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. Further, it is hereby agreed by and between LESSOR and LESSEES that LESSEES shall be permitted to sublease any or all portions of the prC'Mises vescribed in Attached Exhibit "A" for private hangar space and for aeronautical activities for which sublessee holds a permit issued by the City of Paris in accordance with Article 11 of Chapter 6 of the Cede of Ordinances of the City of Paris. 8. That, if in the course of using such premises for the ;permitted purposes, LESSEES Desire to build, at their own expense, a hangar building and apron in pursuit of such uses, LESSEES Nvill be so permitted upon application and approval for huilding permit or permits from the City of Paris, of all steel o'nstruction, similar in appearance and construction to the existing enclosed hangars in acco-d?roe with the floor ply o described in Exhibit B, attached hereto and made a part hereof ` ,)r at! legs purposes, and such structure will not violate any of the rules or regulations of the City of :'iris or the Federal Aviation Administration. It being agreed and understood that LESSEE, shall be responsible for electric utilities furnished to the hangar building during the term of this Lease. In the event of a termination of this Lease by the City of Paris, as permitted herein during the first TWENTY -FIVE (25) years of said Lease, the City of Paris will be obligated to pay to LESSEES 1 /25th of the original cost of said hangar and apron, multiplied by the number of years remaining in the first TWENTY -FIVE (25) years cf this Lease, which ends October 14, 2020. In the event that final termination of said Lease occurs during the inal TEN (10) years rif said Lease, there shall be no payment due LESSEES. In the alternative, in lieu of payment for termination ;wring the first TWENTY- FIVE (25) years of the term of this Lease, the City of 1';:ris may agree to give LESSEES hangar space of equal quality, size and usefulness, at no expense to LESSEES, for the remainder of the first TWENTY -FIVE (25) years of the term of this Lease, and, III Such event, LESSEES are granted the right to lease such substi-ute space for TEN (10) years for THIRTY -THREE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($33,600.00), payable as aforesaid, and an additional option term of TEN (10) years, at a rental rate to : c 'based on fair market value as aforesaid. In the event that LESSOR terminates the Lease, LESSOR will make Lea Agreement - page 3 V available any other suitable hanger space at the termination of any existing Lease to LESSEES at fair market value rent- . f 9. That LESSEES will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEES or those under them and will deliver same to LESSOR at the expiration or termination of this Lease in as good r— condition as when completed, usual wear and tear alone excepted; and LESSEES will, upon the expiration of this Lease, peaceabiydield up to LESSOR all and singular the premises and all future erections, additions of repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent, installation of equipment and fixtures, and fences. 10. 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. 11. That LESSEES, with the consent of LESSOR, in writing, first had and obtained, have the right to assign this Lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this Lease. 12. That LESSEES agree 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 leased premises resulting from LESSEES', their invitees, agents, servants or employee's use, and LESSOR shall not be liable to LESSEES, their invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEES hereby waive any defects therein and agree to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEES must, at all times during the term of this Lease, aid any, extensions hereof, keep and maintain, in full force and effect, a policy o.~ policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 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 Lease Agreement - page 4 581 property, or any part thereof, as the result of the negligence of LESSEES, their invitees, agents, servants or employees, and shall pay- all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEES or their insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the Ciy of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Cle : u 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 hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notifies; of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or ,iynendment. Notice shall be by certified mail, return receipt req�irsted, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas " 451 -9037. 13. LESSEES will not rent t!,. a :-.;.:rises, or any part ?ijrreof, for aircraft storage unless a permit under Article I1, Chapf r F. of the Code of Ordinances of the City of Paris, has been issued to them for that specific purpos 14. Tiiat LESSEES 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 Airport Manager. 15. Should LESSEES default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice hereof shall be given in writing to LESSEES by LESSOR's Airport Manager, giving LESSEES thirty (30) days to correct such discrepancy, and, in the event such default, failure or rcasai is not corrected within said thirty (30) day period, a second notice, in writing, by certified mail, affording a hearing before the Airport Advisory Board, on a day certain, steal! b.- ✓en to LESSEES by LESSOR's Airport Manager. After affording LESSEES 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. i e.se Agreement - page 5 5$2 16. That the LESSOR may, at its option, terminate this Lease as to the entire tract, or any part thereof, w ;i:,h may be necessary ..in tl a event the LESSOR desires to .use the a property, 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 LESSOR shall give the LESSEES 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 of either of the above contingencies, the LESSOR.shali have the option pursuant to Paragraph 8 of this Lease to satisfy its obligation of compensation to LESSEES. 17. The terms of this Lease are binding on, and the benefits herein inure to, the heirs, administrators and executors of LESSEES. EXECUTED ON the dates shown in acknowledgements below. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAIWAR ) CITY OF PARIS, LESSOR: Michael E. Malone, City Manager LESSEES Billy W. Winters Donna J. Winters BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, 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. Lease Agreement - page 6 5$3 GIVEN UNDE:? MY IIAND AND SEAL OF OFFICE this the _ day of October, 1995. Notary Public, Mate of Texas STATE OF CALIFORNIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared BILLY W. WINTERS and DONNA J. WINTERS, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of October, 1995. Notary Public, Sta-(. of California Lease Agreement - page 7 5B8•PM35'k/ NO-6e' FIELD NOTES a Sole 10D' Being all ghat certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the William Scott Survey, Abstract No. 856 and a part of the same land described in deed from the United States of America to the City of Paris, recorded in Volume 308, Page. 287, Lamar County Deed Records and being further described as follows: Commencing at an iron pin for corner at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance to Cox Field Airport: Thence North 73 Degrees, 00 Minutes, 10 Seconds East a distance of 1125.49 feet to an iron pin set at the Southwest corner of this tract; Thence North 1 Degree, 15 Minutes West a distance of 152.69 feel to an iron pin set for corner; Thence North 88 Degrees, 28 Minutes, 35 Seconds East a distance of 139.81 feet to an iron pin set for corner; Thence South 1 Degree, 20 Minutes, 40 Seconds East a distance of 152.69 feet to an iron pin set for corner;. Thence South 88 Degrees, 28 Minutes, 35 Seconds West a distance of 140.06 feet to the place of beginning and containing 0.49 acre of land. I, R. Brandon Chaney, Registered Professional Land Surveyor, No. 4057, State of . Texas, certify that the above Plat and Field Notes depict and represent a actual Survey made on the ground under my supervision and finished __fie - 1995. R. randon Chaney, R.P.L.S. No 057 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ` day of A.D. 1995. M ,.`•`�' Q�pRY NOTARY PUBLIC, STAT OF TEXAS v • N •, �, j F"rP 1 Rey •�� EXHIBIT A .1• b8 � g 3 q o v ' 5B8•PM35'k/ NO-6e' FIELD NOTES a Sole 10D' Being all ghat certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the William Scott Survey, Abstract No. 856 and a part of the same land described in deed from the United States of America to the City of Paris, recorded in Volume 308, Page. 287, Lamar County Deed Records and being further described as follows: Commencing at an iron pin for corner at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance to Cox Field Airport: Thence North 73 Degrees, 00 Minutes, 10 Seconds East a distance of 1125.49 feet to an iron pin set at the Southwest corner of this tract; Thence North 1 Degree, 15 Minutes West a distance of 152.69 feel to an iron pin set for corner; Thence North 88 Degrees, 28 Minutes, 35 Seconds East a distance of 139.81 feet to an iron pin set for corner; Thence South 1 Degree, 20 Minutes, 40 Seconds East a distance of 152.69 feet to an iron pin set for corner;. Thence South 88 Degrees, 28 Minutes, 35 Seconds West a distance of 140.06 feet to the place of beginning and containing 0.49 acre of land. I, R. Brandon Chaney, Registered Professional Land Surveyor, No. 4057, State of . Texas, certify that the above Plat and Field Notes depict and represent a actual Survey made on the ground under my supervision and finished __fie - 1995. R. randon Chaney, R.P.L.S. No 057 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ` day of A.D. 1995. M ,.`•`�' Q�pRY NOTARY PUBLIC, STAT OF TEXAS v • N •, �, j F"rP 1 Rey •�� EXHIBIT A .1• b8 585 A motion was made by Councilman Boyd, seconded by Councilman Hunt to allow Mayor Clifford to return to the council meeting. The motion c=:rcied 6 ayes, 0 nays, and Mayor Clifford returned to the council meeting and assumed his seat at the council table. Resolution No. 95 -115, resolving that Amendment N,). 01 to the Grant Agreement between the Texas Department. of Transportation and the City of Paris to increase the total estimated project cost to $92,136.00, which increases the Texas Department of Transportation share of eligible project cost by ;16,377.40, for a total an::;ur.t of $82,922.40, and the City of Paris' share by $1,708.60 for a total amount of $9,213.60, and authoriz -nc r,: directing the Cit-a Manager, Michael E. Malone to execute on behalf of the City of Paris Amendment No. 1 to the Grant Agreement, was p.esentea. A motion was made by Councilman Neeley, seconded by Counc!lmati Bell for approval of the resolution. The motion carried 7 ayes, Q -o -ys. RESOLUTION NO. _ -115 WHEREAS, The, City Council of the City of Paris did heretofore, in Resolution 94 -011, on February 14, 1994, authorize a grant application to be made to the Texas Department of Transportation for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport; and, WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94 -055, on May 23, 1994, accept the Grant Offer for TXDOT Project Number 94 -43- 103, authorize the execution, of the Grunt. kgreement between the Texas Department of Transportation and, the City of Paris for an estimated total cost of $67,545.04, requiring matching contribution of $7,505.00, and authorize the matching funds to be funded by Certificates of Obligation, Series 1993; and, WHEREAS,' due to an increase in construction costs, it is in the mutual interest of the City of Paris and' the Texas Department of Transportation to amend the airport project participation agreement at this time to increase the total estimated project cost to $92,136.00, which increases the Texas Department of Transportation's share of eligible project cost by $15,37'.40, for a total amount of $82,922.40, and the City of Paris' share by $1,708.60, for a total amount of $9,213.60; and, WHEREAS, the form of Amendment No. 01 to the Grant Agreement attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Amendment No. 01 to the Grant Agreement between the Texas Department of Transforation and the City of Paris to .increase the total estimated project cost to $92,136.00, which increases the Texas Department of Transportation's share of eligible project cost by $? 5,377.40, for a total amount of $82,922.40, and the City of Paris' share by $1,708.60, for a total amount of $9,213.60, be, and the same is hereby, approved in the form of Exhibit A, attached hereto; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris Amendment No. 01 to the Grant Agreement between the Texas Department of Transportation and the City of Paris for the installation of lighted guidance signs on Runway 17,/35 at Cox Field Airport. PASSED AND ADOPTED this 9th day of October, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, Cky Clerk :APPROVED S TO FORM: T. K. Haynes, City Attorney W 1 58! TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted Airport Development) TxDOT Project No.: 94- 43 -103 Amendment No. 01 to.the Agreement: WHEREAS, the City of P -Ar,... Texas, hereinafter referred to as the "Sponsor ", and the TEXAS DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the " Department," have entered into a Grant Agreement TxDOT Project Number 94 -43 -103, executed by the Sponsor on May 23, 1994 and by the Department on June 20, 1994, for the development of the Paris -Cox Field Airport; and WHEREAS, it is in the mutual ?merest of the Sponsor and the Department to amend said Airport Project ra;- icipation Agreement at this time to increase the total estimated project costs due to an increase in construction costs; and WHEREAS, Part II - Offer of Financial Assis'ance, estimates total project costs to be $75,050.00; and WHEREAS, financial assistP.ce is currently limited to $67,545.00 in state funds and $7,505.00 in local sponsor funds; NOW,- THEREFGRE, in consideration of the parties' mutual promises,the following amendment to the N ;rpo;t Project Participation Agreement shall become effective upon execution of this Amendment by tic Sponsor and the Department. The Airport Project Participation Agreement is hereby amended: 1. On page 2, Part II, paragraph 1 u. t^,_ Agreement, change Amount A, estimated eligible project costs, and any further references in the EXil-IIBIT A Page 1 of 3 Agreement to Amount A, to $92,136.00. 2. On page 2, Part ii, :1paragt' oh 1 of the Agreement, change Amount B, Sponsor's share of eligible project costs, and any further references in the Agreement to Amount B, to $9,213.60. 3. On page 2, Part II, paragraph 1 of the Agreement, change Amount C, Department's share of eligible project .costs, and any further references in the Agreement to Amount C, to S82,922.40. All other terms and conditions of the agreement are unchanged-and remain in full force and effect. The above amendment to the Grant Agreement between the City of Paris, Texas and the TEXAS DEPARTMENT OF TRANSPORTATION is hereby mutually agreed to and accepted by, Executed this 9th day o'f, 19_95 —_• Witness: Signature Mattie Cunningham City Clerk- Title The City of Paris, Texas Sponsor Sirature Michae E. Malone City Manager Title Page 2 of 3 588 y. • Attorn: y G neral's Approval This contract is approved as to form. Att,n rney General of Texas assistant Attorney General Date: Acceptance by the State STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Resolution No. 95 -116, approving the plans and specifications for the Booker T. Washington Area Curb and Gutter Paving and Drainage, Phase III, T.C.D.P. Contract No. 703669 project be approved, and authorizing advertising for bids to be received after due n6Lice, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resc;ution. The motion carried 7 ayes, 0 nays. i RESOLUTION NO. 95 -116 WHEREAS, the City Council of the City of Paris did heretofore authorize the preparation of plans and specifications for a project of construction of -street curb and gutter, paving and drainage improvements to be partially funded by the Texas Department of Housing and Community Affairs Community Development Fund Grant, T.C.D.P. Contract No. 703669; and, WHEREAS, such plans and specifications have been prepared by Earl E. Smith, City Engineer of the City of Paris, with the title being given thereto of "Booker T. Washington Area -Curb and Gutter, Paving, and Drainage, Phase III, ", T.C.D.P. Contract No. 703669, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized f�,r advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the "Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase HI ", T.C.D.P. Contract No. 703669 project be, and the same are hereby, approved; and, BE IT FURTHER RESOLVED, that such street curb and gutter, paving and drainage project be advertised for bids to, be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 o'clock p.m. on Tuesday, November 7, 1995, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council of the City of Paris on the 9th day of November, 1995, for the purpose of letting such bid. PASSED AND ADOPTED this 9th day of October, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED § T FORM: T. K. Haynes, City Attorney 590 b9i Bill Clayton, Executive Director of the Northeast Texas Council on Alcohol and Drug Abuse, 1178 E. Grove Strp,,t., appeared before the Council explaining their situut;on. Mr. Clayton said their funding for the fiscal year had beer cut by $48,284.00 on a projection for the fiscal year. Mr. Clayton said the most critical time frame is the next four months, as both the TCADA grants are only extended until January 31, 1996, and the SIC grant is expected to continue for the remainder Gf this fi•,cal year, the YPP grant will be replaced by a Youth Prevention/ intervention award to be decided �- January 1996. Mr. Clayton told the Council that the Lamar County Commissioners Court had agreed to give them $4,000.00. After a colisiderable amount of discussion, a motion was made by Councilman Bell, seconded h-r Councilman Clifford to grant the requested $5,000.00 to the Northeast Texas Council on Alcohol and Drug Abuse on a one time basis. The motion carried 7 ayes, 0 rays. k ti 592 City Attorney Haynes reported that regarding the referrals that were incomplete from•the Thursday night meeting, and as today was a holiday, there were problems getting the proper information needed, it was his suggestion that,* we leave them on the list and give them until time for public notice in the newspaper to get their applications complete. The Council was in agreement with City Attorney Haynes' suggestion. City Manager Malone called for consideration of and action on authorizing a project to be funded by the Certificates of Obligation, Series 1993 which was the Booker T. Washington Project Area Curb and Gutter, Paving and Drainage Phase II, T.C.D.P. Contract No. 702471, City Share. City- Manager Malorz, said the total match for the City of Paris would. be $50,000.00, and of that $50,000.00 a total of approximately $39',,,553,45, so he was recommended that the Council authorize this expenditure from the Certificates of Obligation, Series 1993. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing the.. expenditure of $39,553.45 for the Booker T. Washington Project Area Curb and Gutter, Paving and Drainage Phase II, t.-C.D.P. Contract No. 702471 from the Certificates of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. I City Manager Malone advised that the Council had table action on the Wildwood Final Plat at the Thursday night meeting, and recommended the removal from the table. A motion was made by Councilman Bell, seconded by Councilman Jenkins to bring from the table consideration and action on the Final Plat of Wildwood Estates. The motion carried 7 ayes, 0 nays. Mayor Clifford requested that he be, excused from the council meeting, and a motion was made by Councilman Hunt, seconded by Councilman Boyd to excuse Mayor Clifford. The motion carried 7 ayes, 0 nays, and Mayor Clifford departed the council chambers. Mayor Pro Tem Fulbright called for consideration of and action on the Final Plat of Wildwood Estates. City Attorney Haynes reported that the matter before the Council here, under a provision in our Code of Ordinance that permits the City Council to hear this type of matter after there has been a recommendation from the Planning and Zoning Commission, and they found that there was a special condition. City Attorney Haynes said one of the special conditions was that on this particular development the water main had previously been constructed, also the culverts had been constructed, and that a gravel base had been constructed for the base. City Engineer, Earl Smith, came forward reporting that the Planning and Zoning Commission approved the Final Plat with variances of the Subdivision Ordinances for the water main material type, and the street surface type in the Wildwood Subdivision with a 3 -2 vote. Mr. Smith stated that water main material probably is not a problem, and the street is a deadend, and has only 16 lots, so traffic will not be major 593 problem, but his recommendation would have 'to :,e bounded by the Subdivision Ordinance. Don Ensey, 4120 Smallwood Road, addressed the Council saying that many in the community, such as, realtors, developers, cnnraisers, etc. are of the belief that lots 5 acrES or greater in ETu did not have to comply with Subdivision rules. Mr. Ensey stated there were many violations of the Subdivision rules in the t'J. Mr. Ensey spoke briefly about restrictive covenants of subdivisions; such as, no lot divisions, street extensions, etc. There were several proposed lot — buyers in the audience, Ensey su .ae ; -,.ed they would be willing to sign any document that they do not want to be in the city limits. After a corsiderable amount of discussion, a motion was made by Councilman Bell, seconded by Councilman Jenkins to accept the recommendation of the Plannina and Zoning Comnr,.ssiorr for approval of the Final Plat of Wildwood Estates granting variances to the Subdivision Ordinance fcr water main material and street surface type HMAC surface specification. The motion carried 6 ayes, 0 nays. A. motion was made by Councilman Jenkins, seconded by Councilman Bell to allow Mayor Clifford to return to the council meeting. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Neeley, seconded by Councilman Bell to take a five minute break. The motion carried 7 ayes, 0 nays The council meeting was rcco nvened at 8:25 P. M. City Manager Malone an- oiii.cvr: that the next gym on the agenda was consideration of and action ca grievance appeal of Mr. Richard Ayers. Mr. Richard Ayers, Detroit, Texas, appeared before the Council stating that until the 28th of -Iu+:a_ of this year he was employed in the Sanitation Department of the City of Paris, at that time his job was — terminated and he started this grievance appeal. Mr. Ayers said when he first started this grievance he really wanted his job back, but now he was not for sure. Mr. Ayers said he would like to clear his name and get the termination off his record, the reason why is he may have a better job in the near future, but he wanted t;-,e Council to know the unethical ways in which this termination was handled. Mr. Ayers said about a month before his r rmination Henry Endsley, and John Brunson called him into the office Lo warn him about violating Rule No. 15 of the City Policy concerning sanitation workers. Mr. Ayers said that he said then, and he still say that he did not vi :Fate that rule. They yarned him that they would follow him and try to catch him in the act of violating this rule, but the rule reads "opening and going through trash bags or boxes lookiny for articles for personal use is prohibited no actricles are allow inside the cab of refuse trucks except those articles incidental to performing the task of tra -sh collection, i.e. gloves, vest, wet weather gear ". This is what he did not do, he left some articles on the route to pick up at a lat.:,- time on the way home, second, by Henry Endsley on admission, he told gas at a meeting that he had no problem with us leaving things on the route and going back and 594 a x is picking them up later as long as these things were on top of the trash, and we did not have to open bags to search for merchandise. Mr. Ayers said he received a letter for TEC Grievance Board and it explains this better than his on words, and Mr. Ayers read the main portion of the letter as follows: "Prior to following a initial claim for benefits, claimant last worked for the City of Paris as a Sanitation Collector. The claimant was discharged for violation of the rules of his employer, specifically a rule which prohibits o•rer °ng and going through trash bags or boxes. The claimant was reported by a coworker who stated the claimant had put,. &,side certain articles for personal use for later collection. The supervisor followed the claimant after work and found that he had in fact retrieved a waterhose that had been thrown away, there were also some coupons in the Sunday paper that was in the claimant lunch pail. The claimant advised the supervisor that the items were not in bass or boxes and he felt as such it was okay to place them aside for later collection without violating the City's policy. Thc supervisor disagreed and discharged the claimant. The claimant had beer suspended the year before for violation of this policy; however, t�e claimant had been told by his supervisor that items that were not in bags or boxes which were of personal use could be set aside aid picked up later. My very question on policy is to prevent trash collectors from wasting time on the job while they are being paid to collect trash. Section 207.044 of the Act provides that individual who has been found by the Commission to have been discharged for misconduct connected with the last work shall be disqualified until the claimant has returned to employment and either worked for six weeks or earned wages equal to six times the weekly benefit amount. Section 201.012 of the Act defines "misconduct" as the mismanagement of a position of employment by action or inaction, neglect that places in jeopardy the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to insure orderly work and the safety of employees, but does not include an act of misconduct that is in response to an unconscionable act of an employer or supervisor. It does not include an act of misconduct. The claimant was discharged for violation of of the City's policy prohibiting search of trash bags or boxes. The claimant contends he did not go through the bags or •boxes to get the items that he collected, further he had passive approval of his supervisor to do what he did. In a strict interpretation of the rule the claimant is correct. There is no evidence to indicate that he had to open boxes or bags to retrieve the hose', that the coupons were ever in the trash. The supervisor gave the claimant license to circumvent what was clearly intent of the rule. The employer may have made a prudent decision to discharge the employee was given to rule circumvention the facts in' this .case exonerates the claimant from specific wrongdoing. Thedetermination appealed from must be reversed ". Mr. Ayers said in closing that he would like to have a wrongful determination added to my record plus the retroactive pay dating back to the time he was let go. City Manager Malone advised the Council that Mr. Ayers was terminated from the City of Paris he pursued the appeal process before he appeared before the Council tonight, his termination was appeared to the 595 Director of Public Works, Gene Anderson, Personne: Director and to the City Manager. City Manager Malone said they all reviewed the facts of the case and failed to overturn the decision. The documented termination of Richard Ayers Refuse rni1nC+ n,, Sanitation Department, Richard Ayers t2 terminated as a city =;iaio_ >ee as a result of incidents occurring on his regular trash collection route on Monday, June 26, 1995. Statement from John Brunson, Sanitation supervisor of Troy Harrell are z tached as well as other statements of coworkers. Coworker Troy Harrell reported to Supervisor Brunson that he had observed Richa -d hiding paint., clothing, and yarde^ hose at two separate locations on the ±rash collection route. It was also reported that he was observed putting a bag containing various discount coupons in his lunch box. After report of this incident was made, Supervisor Brunson took Crew Leader Roger Cook followed Richard, who was ;n his personal vehicle at this time, the observed Richard stopping on ?riarwood Alley to pick up a garden hose lying 1. position beside a l;ght pole, and after getting Richard's permission to look in his lunchbox which he had with him. They found a paper :.ack containing twenty -one pages of grocery coupons. Mr. Ayers stated that a lady in Detroit had given him the coupons earlier that morning, and he put them in his lunchbox so he could l)ok through them during the day. City Manager Malone stated that Mr. Ayers to be in violation of the following City of Paris Standzi(: Procedures as fol i �,t!s : Rule No. 11 Failure to ,-,,3rform work correctly after being properly instructed. Rule No. 12 Willful failur-= .) follow job instructions, verbal or written. Rule No. 20 Failure to observe the established rules, policies and procedures of the City. Rule No. 15 City of Paris Operational Policy for Trash Collection, "Opening and _,ring through trash bags or boxes looking for articles for personal use is prohibited. No articles are allowed inside the cabs of refuse trucks except those articles incidental to r)crforming the task of trash collection, i.e. gloves, vest, wet weather gear. City Manager Malone concluded by going over prior incidents involving Mr. Ayers such as 5 day suspension as the result of an accident occurring March 28, 1995, Augus'. 15, 1994, one aay suspension for failure to observe established rules, policies and procedures of the City (going through trash bags), June 24, 1993, µritteo reprimand for failure to observe established rules, policies and procedures of the City (going through trash bags while collecting trash), June 9, 1994, written warning for safety violation `�.zanling on the rear steps of the truck while picking up trash bags), April 1, verbal warning with regard to going through trash bags thrown away by citizens of Paris. October 1, 1990, verbal reprimand for failure to observe established rules, policies and procedures of the City (improperly loading trash onto the sanitation truck), and April 20, 1990, vert•i•+ warning regarding ' S• 596 rummaging through trash following a citizen complaint,, and City Manager said it was his recommendation that the termination of Mr. Ayers stand. A motion was made by Councilman Bell, seconded by Councilman Jenkins to accept the recommendation that the termination of Mr. Henry Ayers stand. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Bell, seconde Councilman Jenkins to adjourn the meeting. The motion carried 7 e 0 nays. ERIC S. CLIFFORD, MAYOR ATTEST: MATT CUNNt HAM, CITY CL K I 597 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 13, 1995 The City Council of the City of Paris met in s;.-r.ial session, Friday, October 13, 1995, at 7:00 P. N., City Council Chambers, City Hall, Paris, Texas. Mayor Eric Clifford called the meeting to order with the following Councilmembers present: Charles Fuibright, Alan Boyd, Richard, Hunt, and John Bell. Also present was City Manager, Michael E- Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the purpose of the special council meeting was consideration of and action on the Fi. ^.�l Plat of Townwood Estates. After discussion, a motion teas made by Councilman Boyd, seconded by Councilman Fulbright for approval of the Final Plat of Townwood Estates subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. There being no further business. the meeting adjourned ATTEST: MATTIE CUNNINGHAM, CITY CLERK EkIC S. CLIFFORD, MAYOR 598 MINUTES OF THE REGULAR MEF -ING OF THE CITY COUNCIL November 9, 1995 The City Council of the City of Paris met in regular session, Thursday, November 9, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following CounCiImembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on November 6, 1995, and attached hereto as part of these minutes as Exhibit A. Mayor Clifford declared the public hearing open to consider the petition of Teddy Smotherman for a change in zoning from a Single Family Dwelling District No. 2 (SF -2) to a Two - Family Dwelling District (2F) on Lot 2, Block 10 of the Town North Addition being numbered in the 2900 Block of Kessler. Mayor Clifford called for proponents to appear, and none appeared. Mayor Clifford called for opponents to appear, and Richard Manning, 2965 Cypress, appeared before the Council presenting a petition objecting to the zoning change. Mr. Manning said this was a single family area and the property owners request that this property not be rezoned to a Two - Family Dwelling District. No one else appeared, and the-public hearing was declared closed. A motion was made by Councilman Boyd, seconded by Councilman Bell to deny authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Single Family Dwelling District No. 2 to a Two - Family Dwelling District on Lot 2, Block 10, Town North Addition. The motion to deny carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing open on the petition of Carles Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Signs and Billboards (52) on Lot 2B, City Block 307, located at 2671 N. Main Street. Mayor Clifford called for proponents to appear, and Carles Sterling, 6185 A Lamar Road, appeared advising the Council that his plan is to construct an al! steel 10' x 30' billboard at this location. P1ayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Hunt authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Signs and Billboards 5AJ� (52) on Lot 2B, City Block 307, located at 2671 N. Main Street. The motion carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing opei on the petition of Carles Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Signs and Billboards (52) on Lot 29, City Block 259, located at 2810 N. E. Loop 286. Mayor Clifford called for proponents to appear, and Carles Sterling, 6185 A. Lamar Road, appeared telling the Council that he wanted to place an all steel billboa c at this location. Mayor Clifford called for opponents to appear, none appeared, and the public hearing as closed. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright authorizing preparation of an ordinance changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Signs and Billboards (52) on Lot 29, City Block 259, located at 2810 N. E. Loop 286. The motion carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the petition of Bobby Smallwood for a change in zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2), Commercial District (C), Planned Development District - Housing Development (PD -b), and Office District (0) for the Townwood Estates. Mayor Clifford called for proponents to appear, and Bobby Smallwood appeared before the Council in behalf of his petition, and told the Council that this was in accordance with the Preliminary Plat. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Rell ?!ithorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2), Commercial District (C), Planned Development District - Housing Development (PD -B), and Office District (0) for the Townwood Estates. The motion was seconded by Councilman Hunt, and carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the petition of Mary Anne Chalaire for a change in zoning from an Office District (0) to a Neighborhood Service District (NS) on Lot 8, City Block 112, located at 441 S. E. 12th Street. Mayor Clifford called for proponents to appear, and Mary Anne Chalaire, Roxton, Texas, appeared before the Council in behalf of her petition, and stated that she would like to purchase this property, but what she wants to do, she can not do, which is a Bed and Breakfast, and requested the Council to reconsider the decision of the Planning and Zoning Commission. Ms. Chalaire said she had talked to the adjoining property owners who were objecting to the zoning, presented a petition signed by those, property owners stating that they do not object' to Ms. Chalaire operating a restaurant and catering Service at 441 12th S. E., so long as the same remains under her ownership and management. It being understood that upon the termination of such use, that the zoning would revert to Office District. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Bell, seconded by Councilman Jenkins authorizing and ordinance to be presented at the next regular council meeting changing the zoning from an Office District to Neighborhood Service District limited to a restaurant and catering service only to be managed and owned by Mary Anne Chalaire, and upon termination of such use, the matter is referred to Planning & Zoning for recommendation and zoning to Office District. The motion carried 6 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Sammy Bolton, Lot 11, City Block 315, from Commercial District to Commercial District with Specific Use Permit 49, Auto Fuel Sales; Rayburn Bell, Lots 4B, 5 Q b, Clock 346, from Single Family Dwelling District No. 2 to a Commercial District: Bob McCarley, Lot 8C, City Block 287 from Single Family District No. 2 to Commercial District. Mayor Clifford referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting December 4, 1995, and before the City Council December 7, 1995. Resolution No. 95 -117, awarding the bid and authorizing the execution of a contract for the Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase III Project, T.C.D.P. 703669, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. _c 601 RESOLUTION NO. 95 -117 WHEREAS, the City Council of the City of Paris, did in RI-solution No. 95- 116 on October 9, 1995, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase III, T.C.D.P. Contract No. 703669 ", which bids were received until 3:00 o'clock P.M., Tuesday, November 7, 1995; and, WHEREAS, the best bid for such construction was madC by STEPHENS AND SON'S CONCRETE CONTRACTORS, Paris, Texas, and it should be awarded the bid for such constructiur.; and, WHEREAS, the successful bidder having been approved by the Texas Department of Housing and Community Affairs; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of STEPHENS AND SON'S CONCRETE CONTRACTORS, for the construction project in the amount of $294,055.26, is hereby accepted and let conditioned upon said contractor meeting alp of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with STEPHENS AND SON'S CONCRETE CONTRACTORS for "Booker T. Washington Area Curb and mutter, Paving and Drainage, Phase III, T.C.D.P. Contract No. 703669 ", upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of November, 1995. ATTEST: Mattie Cunningham, City CI k APPROVED AS TO FORM: T. K. Haynes, Cit Attorney Eric S. Clifford, ayor F No AGREEMENT THIS AGREEMENT is dated as of the 9th day of November in the year 1995.by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and Stephens and Son's Concrete Contractors hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or-indicated in the Contract Documents. The Work is generally described as follows: 8003 L.F. concrete curb and gutter, 726 S.Y. concrete drive approaches, 1380 L.F. 48" RCP Storm Sewer and 7 inlets, with other appurtenant construction, complete in place. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase Ill. Article 2. ENGINEER. The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized representative, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. . 3.1 The Work will be substantially completed within 120 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within 150 days from the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One hundred fifty and No /100 dollars $ 150.00 ) EXHIBIT A 17 603 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and No /100 dollars ($ 50.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance witl� Artcle 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments, OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Aplications for Payment as recommended by ENGINEER, on or about the last. day of each month during construction as provided below. All Progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 c 'he General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Comoletion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.-, of the General Conditions. Ten Percent (10 %) of Work Completed. Ten percent (10 %) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety -five percent (95 %) of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions.. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in —id p3ra;;raph 14.13. Article 6. INTEREST No interest will be paid to the CONTRACTOR on retained money unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS. I In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 18 r • 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully, studying) all such examinations, investigations, explorations, tests, reports and studies (in additions to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,,progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations,'explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 17 to 2-Z inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive.) 8.3 Performance and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice of Award. 8.5 General Conditions (pages 30 to 58 inclusive). 8.6 Supplementary Conditions (pages 59 to 111 . inclusive). 8.7 Specifications bearing the title Booker T Washington Area Curb and Gutter Paving and Drainage Phase III and consisting of 13 divisions and 169 pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through 9 . inclusive with each sheei bearing the following general title: Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase III. 19 f�1 8.9 Addenda number I_ . 8.10 CONTRACTOR's Bid (pages —8 to 13 . inclusive) marked exhibit 8.11 Documentation submitted by CONTRACTOR prior tn M- -lice of Award (pages to , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Dccuments other than those listed above in the "^ ticle 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limita!ion moneys that may become due and moneys that are due may not be assigned without suc) consent (except to the extent that the affect of this restriction may be limited by law),and unless opecifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. NONE 20 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered io OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on November 1995. OWNER: CITY OF PARIS CONTRACTOR: Stephens and Son's Concrete Contractors BY Eric S. Clifford, Mayor (CORPORATE SEAL) Attest Mattie Cunningham City Clerk Address for giving notices P.O. Box 9037 Paris Texas 75461 -9037 Approved as to form: T.K. Haynes, City Attorney By (type signature name) (CORPORATE SEAL) Attest Address for giving notices License No. Agent for service of process: 21 Lei", 60! . F STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personaly appeared Eric S. Clifford Mayor of the City of Paris, known to be to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of November, " 1995. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared of Stephens and Son's Concrete Contractors, known to me to be the person(s) whose name(s) is /are subscribed to the foregoing instrument, and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of November, 1995. Notary Public, State of Texas Printed Name: My commission expires: Resolution No. 95 -118, casting 753 votes of the City of Paris for Wayne Brown for the Board of Directory u` the Lamar County Tax Appraisal District was presented. A motion was mace L y Councilman Bell, seconded by Councilman Boyd for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 95 -118 WHEREAS, the City Council of the City of Paris has been furnished a list of the candidates for membership on the Board of Directors of the Lamar County Appraisal District; and, WHEREAS, the City Council is desirous of casting the City of Paris' seven hundred fifty -three (753) votes for Wayne Brown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City of Paris' seven hundred fifty -three (753) votes be, and the same are hereby, cast for Wayne Brown for membership on the Board of Directors of the Lamar County Appraisal District; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk, be, and she is hereby, directed to execute the City of Paris' ballot and deliver the same to the Lamar County Appraisal District. PASSED AND ADOPTED this 9th day of November, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED TO FORM: T. K. aynes, C' y Attorney On the recommendation of the City Manager, a motion was made by Councilman Boyd, seconded by Councilman Bell to table action on calling a public hearing for a pro rata water extension contract for'the area adjacent to Loop 286 S. E. and Highway; 271 S. The motion carried 6 ayes, 0 nays. City Manager Malone reported on the dedication of Oak Park located on Bonham Street, between 25th and 26th S. W. with the generous help of Oak Park United Methodist Church. City Manager Malone said a walking track in west Faris was the vision of our late Mayor, Billy Joe Burnett, and gave a special thanks to Community Facilities Director, Dick Boots and the Engineering Department for design work, and to Councilwoman Millie Ingram McDonald, who pushed Billy Joe's vision into reality. City Manager Malone also reminded the Council of Think Child Safety. This safety program was developed by Stewart godson and the personnel of our EMS Department, and advised that the program is spreading throughout the state. There being no further business, the meeting was adjourned at 6:25 P. M. ERIC CLIFFORD, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK 610 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION Monday, November 6, 1995 The Planning and Zoning Commission met Monday, November 6, 1995 at 5:30 P.M. ire the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Marshall Kent 2. Nadine Ausbie 5. Joe McCarthy 3. Curtis Fendley 6. Joel McCray Earl Smith, City Engineer was ailso present. The meeting was called to order by Reeves Hayter. The minutes of the October 2nd and the October 5th meetings were approved with a motion by Curtis Fendlev. The motion was seconded by Marshall Kent and carried with a vote of 6 ayes and 0 nays. 1. Public hearing to consider the petition of Teddy Smotherman for a change in zoning from a Single Family Two Dwelling District (SF -2) to a Two Family Dwelling District (2F) on Lot 2, Block 10 of the Town North Addition located in the 2900 Block of Kessler. Teddy Smotherman addressed the Commission in support of the petition stating there were existing duplexes across the street. Mr. Smotherman also said he had talked to all the neighbors except four and no one he had spoken to had any opposition to the zoning change. Richard Manning of 2960 Cypress Drive spoke in opposition to the zoning change because of traffic, bad parking problems and the single family houses already existing along Collegiate and Kessler. No one else spoke and the public hearing was declared closed. A motion to deny was made by Joe McCarthy and seconded by Joel McCray. The motion carried by a vote of 5 ayes and 1 nay. 2. Public hearing to consider the petition of Caries Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (52) Signs and Billboards on Lot 2B, City Block 307, located at 2671 N. Main Street. Carles Sterling of 6585 Lamar Road requested this petition to erect a steel billboard. Mr. Smith asked Mr. Sterling if this would interfere with Days Inn sign and Mr.' Sterling said it would not. No one else spoke and the public hearing was declared closed. A motion to approve was made by Curtis Fendley and seconded by Marshall Kent. The motion r?rried by a vote of 6 ayes and 0 nays. 611 3. Public Hearing to consider the petition of Caries Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (52) Signs and Billboards on Lot 29, City Block 259, located at 2810 N.E. Loop 286. Mr. Caries Sterling spoke in favor of erecting a steel billboard. There was no opposition and the public hearing was declared closed. A motion to approve was made by Joe McCarthy and seconded by Marshall Kent. The motion carried by a vote of 6 ayes and 0 nays. 4. Public Hearing to consider the petition of Bobby Smallwood for a change in zoning from an Agricultural (A) to a Single Family Two Dwelling District (SF -2), Commercial District (C), Planned Development District (PD -b), and Office District (0) for the Townwood Estates. Bobby Smallwood spoke in favor of the zoning change stating the zoning was in accordance with the preliminary plat. There was no opposition and the public hearing was declared closed. A motion to approve was made by Curtis Fendley and seconded by Nadine Ausbie. The motion carried by a vote of 6 ayes and 0 nays. 5. Public Hearing to consider the petition of Mary Anne Chalair,- for a change in zoning frow an Office District (0) to a Neighborhood Service District (NS) on Lot 8, City Block 112, located at 441 S.E. 12th Ms. Chalaire, Rt.1, Roxton, spoke on behalf of the petition stating her intentions were to place a small sandwich shop at this location. She also stated she would be living here as well. She would provide parking at the rear of the house. Lynn Clem opposed the petition on behalf of her parents vu 3.E. 12th. They feel this change will devalue their property and disrupt the neighborhood. Mark Jones also opposed the petition on behalf of his parents who reside at 411 S.E. 12th. He also stated this would disrupt a single family neighborhood. Mr. Earl Smith read from the Zoning Ordinance the items allowed in an Office District (0) and Neighborhood Service District (NS). No one else spoke and the public hearing was declared closed. A motion to deny the petition was made by Curtis Fendley and seconded by Joe McCarthy. The motion carried by a vote of 6 ayes and 0 nays. The meeting was adjourned at 7:20 p.m. Earl Smith q6d 612 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 13, 1995 The City Council of the City of Paris met in regular session, Monday, November 13, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmember present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E, Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaror. Jenkins. Mayor Clifford announced that if there was anyone in-the audience who has business to bring before the Council and is not listed on the agenda, to please let it be.known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and the minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation, and Paris -Lamar County Board of Health had been furnished with no action being required. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance proposing amendments to Sections 4, 8, 13, 16, 17, 19, 20, 29, 44, 74, 75, 76, 77, 93, 95, 99 sec 131 of the Charter of the City of Paris and calling an election on the same. City Attorney Haynes review the amendments, and said this will bring the Charter up to date and bring the City in compliance with State law and to get in step with Federal laws. Section 4 - Creation of ward boundaries - Amending to reflect the seven single- member voting districts currently established. Section 8 - Change of ward boundaries - Amending to reflect the seven single- member voting districts currently established. Section 16 - Number, selection, term - Same as above along with amending to reflect the correct election dates for each district and the qualifications for office. Section 20 - Vacancies - Same as Section 4, above. Section 13 - Corporation Court - Amending to change- the reference therein from "Corporation Court" to "Municipal Court ". Section 17 - Qualification - Amending to conform with state law. Section 19, Presiding Officer; Mayor - Amending to correct the reference therein from "military law" to "martial law ". Section 29 - Induction into office; Meetings - Amending to correct the procedure for inducting new council members and to require that all meetings of the council be held in accordance with the Open Meeting Act. Section 44 - Fiscal Year - Amending to reflect the currently established fiscal year. Section 74 - Sale of City property - Amending to conform with state law. Section 75 - Purchase procedure - Amending 613 to permit purchasing in acLo ^dance with state law. Section 76 - Contract for improvements - Amending to permit contacting for improvements in accordance with state law. Section 77 - Disbursement of funds - Amending to designate the director of finance and the city manager, or their respective designees, as the person who sign all checks, etc. Section 93 - Municipal elections - Amending to reflect the currently established election procedure and to conform with state election laws. Section 95 How to get name on ballot - Same as Section 93. Section 99 - Canvassing elections - same as Section 93. Section 131 - Publicity of records - Amending to conform with the Public Information Act (formerly known as the Open. Records Act). A motion was made by Councilman Bell to authorize preparation of an ordinance proposing amendments to Sections 4, 8, 13, 16, 17, 19, 20, 29, 44, 74, 75, 76, 77, 93, 95, 99, and 131 of the Charter of the City of Paris and calling an election on the same. The motion was seconded by Councilman Neeley, and carried 7 ayes, 0 nays. ORDINANCE NO. 95 -047 AN ORDINANCE OF THE CITY OF PARIS, PARIS. TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31 -65 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 DECEMBER 1, 1995 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -048 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC NO- PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31 -65 OF SAID CODE;REMOVING A NO PARKING AREA; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE GATE OF DECEMBER 1, 1995 was presented. Calvin Gibson, 1095 S. W. 1st, appeared before the Council stating that he was a property owner on South Main Street and there has been a no parking situation there for the last twenty years which has worked real well. Mr. Gibson said he 6i not travel that area a great deal, but sometimes he is there, and when you are setting ut South Main and Hearn Street and a big truck comes by coming north on South Main Street it takes all the driveway, and if you have a row of cars parked there, it would appear that he is going to be in the southbound lane of traffic causing a traffic hazard. Mr. Gibson suggested placing the no parking on the west side of the street. After discussion, a motion was made :y Councilman Bell, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 6 ayes, 1 nay, Councilman Neeley voting nay. ORDINANCE NO. 95 -049 AN ORDINANCE AMENDING ZONING ORDINAV,_; NO. 1710 OF THE CITY OF'PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ' STABLISHING A COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT SIGNS AND BILLBOARDS (52) ON LOT 2B CITY BLOCK 307, ON PROPERTY BELONGING TO GENE RADER AND DOROTHY RADER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT SIGNS AND BILLBOARDS (52) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1995 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays. 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) AND SPECIFIC USE _ PERMIT SIGNS AND BILLBOARDS(52) ON LOT 29, CITY BLOCK 259, ON PROPERTY BELONGING TO IRVIN SIMPSEN AND MARJORY SIMPSEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT SIGNS AND BILLBOARDS (52) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1995 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -051 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 ONE FAMILY DWELLING DISTRICT NO. 2 (SF-2) - PLANNED DEVELOPMENT DISTRICT- HOUSING DEVELOPMENT (PD -b), AND OFFICE DISTRICT (0) FOR TOWNWOOD ESTATES PHASE I, ON PROPERTY BELONGING TO BOBBY SMALLWOOD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATING AS A AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2), PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD -b), AND OFFICE DISTRICT (0) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1995 si 615 was presented. A motion was made by Councilman Bell, seconded by Councilman Hunt for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -053. 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 NEIGHBORHOOD SERVICE DISTRICT (NS) LIMITED TO A RESTAURANT AND CATERING SERVICE ONLY TO BE MANAGED AND OWNED BY MARY ANNE CHALAIRE, AND UPON TERMINATION OF SUCH USE, THIS MATTER IS REFERRED TO PLANNING AND ZONING FROM RECOMME144DATTON AND ZONING TO OFFICE DISTRICT (0) ON LOT 8 CITY BLrCK 112, Or PROPERTY BELONGING TO STEVE FIELD AND SHELLY F'FLD. SO AS TO INCLU;DF THEREIN TERRITORY FORMERLY DESIGNATED AS A OFFICE DISTRICT (0); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) LIMITED TO A RESTAURANT AND CATERING SERVICE ONLY TO BE MANAGED AND OWNED BY MARY ANNE CHALAIRE, AND UPON TERMINATION OF SUCH USE, THIS MATTER IS REFERRED TO PLANNING AND Z03ING FOR RECOMMENDATION AND ZONING TO OFFICE DISTRICT (0) SO ESTABLISHErl; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1995 was presented. A motion was made by Councilman Neeley, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROPOSING AMENDMENTS TO ARTICLE I, THE COUNCIL, SECTION 4, ARTICLE II CORPORATE AND GENERAL POWERS, SECTION 8, AND ARTICLE III, THE COUNCIL, SECTION 16, 'NUMBER, SELECTION AND TERM, AND SECTION 20, VACANCIES, PROVIDING FOR REFLECTING THE SEVEN SINGLE - MEMBER VOTING DISTRICT; PROPOSING AMENDMENTS TO ARTICLE II, CORPORATE AND GENERAL POWERS, SECTION 13, CORPORATION COURT, PROVIDING FOR CORRECTING THE NAME OF THE COURT; PROPOSING AMENDMENTS TO ARTICLE III, THE COUNCIL, SECTION 17, QUALIFICATIONS, PROVIDING FOR REQUIRING COUNCILMEN TO MEET CERTAIN QUALIFICATIONS; PROPOSING AMENDME;i-13 f0 ARTICLE III, THE COUNCIL, SECTION 19, PRESIDING OFFICER; MAtOR, Pon;riDING FOR CORRECTING A TERM THEREIN; PROPOSING AMENDMENTS TO ARTICLE III, THE COUNCIL, SECTION 29, INDUCTION INTO OFFICE; MEETINGS, PROVIDING FOR CORRECTION THE INDUCTION PROCEDURE AND PROVIDING FOR COMPLIANCE WITH THE OPEN MEETINGS ACT; PROPOSING AMENDMENTS TO ARTICLE V. THE BUDGET, SECTION 44, FISCAL YEAR, PROVIDING FOR CHANGING THE FISICIL YEAR; PROPOSING AMENDMENTS TO ARTICLE VII, FINANCE ADMINISTRATION, SECTION 74, SALE OF CITY PROPERTY, PROVIDING FOR ALLOWING THE SALE OF PROPERTY IN ACCORDANCE WITH STATE LAW; PROPOSING AMENDMENTS TO ARTICLE VII, THE BUDGET, SECTION 75, PURCHASE PROCEDURE, PROVIDING FOR PERMITTING PURC- ;ASING IN ACCORDANCE WITH STATE LAW; PROPOSING• AMENDMENTS TO ARTICLE VII, THE BUDGET, SECTION 76, CONTRACTS FOR IMPROVEMENTS, PROVIDING FOR PERMITTING CONTRACTING IN ACCORDANCE WITH STATE LAW; PROPOSING AMENDMENTS TO ARTICLE VII, TAX FINANCE ADMINISTRATION, SECTION 77, DISBURSEMENT OF FUNDS, PROVIDING FOR DESIGNATING CERTAIN OFFICIALS AS PERSONS WHO SIGN his ALL CHECKS, ETC.; PROPOSING AMENDMENTS TO -- ELECTIONS, SECTION 93, MUNICIPAL ELECTIONS, ON BALLOT, AND SECTION 99, CANVASSING CONFORMING WITH STATE SET ELECTION DATES, DATES; PROPOSING AMENDMENTS TO ARTICLE XII, 131, PUBLICITY OF RECORDS, PROVIDING FOR INFORMATION ACT; CALLING AN ELECTION ON PUBLIC NOTICE AND AN EFFECTIVE DATE ARTICLE IX, NOMINATIONS AND SECTION 95, HOW TO GET NAME ELECTIONS, PROVIDING FOR FILING DATES, AND CANVASSING GENERAL PROVISIONS, SECTION CONFORMING WITH THE PUBLIC SAID ISSUES; PROVIDING FOR was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. William Conder, 404 4th N. W, appeared before the Council questioning Article III, Section 16, Article VII, Article 75, and Article XII, Article 131, and requested that the City Attorney read the text of the proposal. City Attorney Haynes read Article III, Section 16 as follows: THE COUNCIL - Sec. 16. Number, selection, term. The City Council shall be composed of seven councilmen who shall be elected in the following manner: Elections in and for the City of Paris shall be held in and for the City of Paris on the first Saturday in May of each year. In even- numbered years, council members from District One, Two, Three, and Six shall be elected. In odd - numbered years, council members from Districts Four, Five, and Seven shall be elected. All council members _ shall be bona fide residents of the districts in which they seek election, shall possess the qualifications prescribed by this Charter and by V. T. C. A. Election Code, Chapter 141, as amended, and shall be elected by a majority vote of the qualified voters residing in their respective districts. At the first regular meeting of the council, or special meeting, if the same is necessary, following each annual election held on the first Saturday in May, the members of the city council so elected by majority vote shall elect a mayor and mayor pro Tem from among their number. The members of the city council shall serve not more than two terms in succession and until successors shall have been elected and qualified; and they shall be ineligible to succeed themselves for any additional successive terms." City Attorney Haynes read Article III. "The Council, Sec 17. Qualifications. Each of the seven councilmen shall be at least 21 years of age or older, a citizen of the United States of America, a resident of the State of Texas for 12 months as of the deadline for filing for office, and a bona fide resident of the district in which he seeks election for 12 months as of the deadline for filing for office; and shall not have been convicted of a felony, been adjudged to be mentally incompetent by a court, found to be in arrears in the payment of any taxes or other liability due to the city, or be disqualified by reason of any provision of any other section of this Charter or of V. T. C. A., Election Code, Chapter 141, as amended. A member of the council ceasing to possess any of the qualifications specified in this section or any other section of this Charter, or convicted of a felony while in office, shall immediately forfeit his office. For the purposes of this section, a bona fide residence shall be defined as a place in which the councilman actually resides, prima facie evidence of 617 which may include a utility account in the name of the councilman, or his spouse, parent or child with v. *horn he actually resides." City Attorney Haynes read ARTICLE VII, FINANCE ADMINISTRATION, Sec 75. Purchase procedures as follows: "The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding these amounts set by V. T. C. A., Local Government Code, as amended. Any expenditure itivolving more than those amounts set by V. T. C. A., Local Government Code, as amended, must be expressly approved in advance by the city council. All contracts or purchases involving more than those amounts set by V. T. C. A., Local Government Code, as amended, shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding. When an expenditure of more than those amounts set by and place, when and where inch contract shall be let shall be published in th.: newspaper in the City of Paris once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time of the first purchase or letting such contracts; providing, however, that the city council shall have the right to reject ar.y and all bids; and provide further that nothing herein shall applv to contracts for personal or for professional services, work done by city forces. or work, including, but not limited to, labor, material and machinery, paid for by the day as such work progresses." Mr. Conder said basically what this does is raise the ceiling on the amount that can be spent by someone authorized by the city without formal action. City Attorney Haynes, said yes, but it still requires that it be competitive bid_ Mr. Conder said the ceiling is currently $1,000.00, is that right, and wanted to know what this raise the ceiling to. City Attorney Haynes said that was correct, and would raise the ceiling to $15,000.00, which is currently state law. City Attorney Haynes read ARTICLE XII, GENERAL PROVISIONS, Sec 131. Publicity of records. "All recor^: at +d accounts of every office, department or agency of the City s.. ",ull be available to the public in accordance with the Public Information Act, as amended." Mr. Conder asked if there was anything in these amendments that extends the length of council terms? City Attorney Haynes answered - no sir. Mr. Conder asked if this ordinance had a number? City Attorney Haynes advised that the ordinances are not number until they had been passed by the City Council, and the nur?Jers will be place on the ordinances the following day. 611 Bill Bone, 580 S. E. 33rd, also appeared before Council telling they that after speaking with attorneys, our charter has stood the test of time for approximately fifty years, and described it as as a contract with the citizens of Paris, and further urging the Council to treat the. charter carefully. After further discussion, the motion carried 7 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was an ordinance calling for annexing with proper zoning approximately 20.32 acres (Tenaska III Texas Partners property) on Highway 271 North and approximately 70.08 acres of Lake Crook Property (newly acquired from Richard by Swint), and this had been tabled at the November 9, 1995, meeting, should the Council wish 'to consider this matter, a motion to bring this item from the table is required. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright to bring the above item from the table. The motion carried 7 ayes, 0 nays. City Attorney Haynes read an ordinance calling for annexing with proper zoning approximately 20.32 acres (Tenaska III Texas Partners property) on Highway 271 North and approximately 70.08 acres of Lake Crook Property (newly acquired from Richard by Swint). Mr. Charles Waldrum, Attorney, 754 Lamar Ave., representing Tenaska, also present representing Tenaska was Kelly Kimberly, Director of Governmental Affairs, and Mike Goss, Manager of the Tenaska Plant. Mr. Waldrum stated they do not oppose the annexation, but what they were requesting the Council to do is to delay the annexation until after January 1, 1996. The reason being is that when Tenaska came to Paris to build the plant it was a very small operation with no track record at all, this was the first job that it ever did, it since continue to expand and do more thing, but this was the first one they ever had. Because of that and because it had no track record at all, it had to have a lot of things in place prior to the time it could start this project, and get the financing to do so. Mr. Waldrum said that one of the thing that was required by the people that was going to offer the financing was that they be able to present their performers to show what sort of profit picture they could present, and see whether or not this plant was going to be profitable. One of the thing they had to have is some type of tax relief from the city, and on October 24, 1988 this council passed an ordinance which said they would not bring this property into the city for a period of seven years, now that seven years has passed plus three weeks, and that is the question before the council at this time. Mr. Waldrum said the effect of that is when the ordinance was passed they could take that ordinance and go to their financial people and put the package together to try and show them that this was a financial feasible thing to be able to borrow money with. The first taxable year that would have been included would have only been two months later which would have been as of January 12, 1989. There was no taxes paid by Tenaska at that time on this plant, but there was also nothing there to pay them on. Mr. Waldrum said the plant was built actually faster than they had anticipated, but the 619 plant was completed about February 1, 1990, so really most of the equipment was in place on January 1, 1990. Mr. Waldrum said that 1995 is the sixth year of. tax relief that they have had, and what they are asking for is the seven years of tax relief. After discussion was had, a motion was made by Councilman Bell to approved the annexation. The motion was seconded by Councilman Hunt, and failed with 3 ayes, 4 nays, with Councilman Fulbright, Councilman Neeley, Councilman Jenkins, and Mayor Clifford voting nay. City Manager Malone called for the tabulation of bids for furnishing and delivery of One high pressure car washer for use in the Fleet Maintenance Division of Public Works, and the following bids were presented: C. L. Smith Equipment Company $4,750.00 Action Cleaning Systems $4,852.30 A motion was made by Coun�A *Iman to award the bid to C. L. Smith Equipment Company in the amount of $4,750.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulation of bids for furnishing and delivery of three long wide bed 3/4 ton pickup trucks for use in the Water /Sewer Department, the Utilities Department and the Street Department of the City of Paris, and the following bids were presented: James Hodge Motor Company Lowry Chevrolet Kennedy Ford - Lincoln- Mercury $51,693.00 $52,467.00 $53,602.83 A motion was made by Councilman. Fulbright, seconded by Councilman Jenkins to award the bids to the low bidder, James Hodge Motor Company. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery or one self- contained dump bed for pickup trucks for use in the Street Department of Public Works, and the following bids were presented: Maxi - Products Co., Inc. Fontaine Truck Equipment $2,486.00 $2,625.00 A motion was made by Councilman Jenkins, seconded by Councilman Boyd to award the bid to the low bidder, Maxi- Products Co., Inc. in the amount of $2,486.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of one new 1996 current rear loading refuse compaction truck for use in the Sanitation Division of Public Works, and the following bids were presented: Metro Ford Truck Sales $60,200.00 Nichols Ford, Inc. $60,683.00 62 .a Pegues -Hurst rotor Company Metro Ford Truck Sales Industrial Disposal Supply $59,808.68 $64,595.00 $71,013.44 A motion was made by Councilman Bell, seconded by Councilman Jenkins to award the bid to the low bidder meeting all specifications, Metro Ford Truck Sales. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of one used stepside panel van, and the following bids were presented: McClain Truck Sales 1983 Chevrolet Step Van $5,500.00 1989 G.M.C. Cube Van $5,500.00 1988 Chevrolet Cube Van $5,900.00 S & S Keen Kabinet Shop 1980 Chevrolet Step Van $4,000.00 A motion was made by Councilman Neeley, seconded by Councilman Boyd to award the bid to S & S Keen Kabinet Shop in the amount of $4,000.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulation of bids for furnishing and delivery of unleaded gasoline and diesel fuel for the City of Paris, and the following bids were presented: MONTGOMERY OIL COMPANY, EXXON Average cost plus .04 cents per gallon profit on gasoline and diesel .7811 gasoline, .8403 diesel PARIS SHORT STOP, TEXACO Average cost plus .04 cents per gallon profit on gasoline and diesel .7913 gasoline, .8238 diesel A motion was made by Councilman Fulbright, seconded by Councilman Boyd to award the bid to Montgomery Oil Company. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for funishing and delivery of one rotary cutter for the City of Paris Municipal Airport, and the following bids were presented: Daughtrey Farm & Garden $4,461.20 LaRue Ford Tractor $2,500.00 Mr. William Conder came forwarding stating that according to Mr. Gene Anderson's office, we have spent a little over $5,000.00 this calendar year with Pal Landscaping for work at the Paris Municipal Airport, and wanted to know if we were contracting the lawn maintenance to Pal Landscaping at this time? 621 City Manager Malone advisee! Mr. Conder that there is a contract for the fine mowing of a number of locations throughout the city and there is an amount budget for that each year. At one time the city was contracting for not only tha fine mowing, but the shredding, and as you know the Paris Municipal Airoort is a very large asset to the City of Paris, and a large area tc maintain. City Manager Malone said it was found that is is more cost eff -3ctive for the city to maintain the shredding, and we use a ('er.porary employee during the summer to do that. City Manager Malone also advised that several years ago the city had a number of employees full -time, and we h_-ve found ways to cut cost, and further found that it is more economical to have a contract for the fine mowing like lawn type maintenance with one of the local services. A motion was made by Councilman Fulbright, seconded by Councilman Hunt to award the bid to LaRue Ford Tractor in the amount of $2,500.00. T he motion carried 7 ayes, 0 nays. Resolution No. 95 -119, resolving that the Honorable Jim N. Thompson, Judge of the 62nd Judicial District Court of Lamar County, Texas, did, on the 25th day of October, 1995 in Cause No. 60057, Southern Newspapers, Inc., d /b /a The Paris News v. The City of Paris, Texas, et al, enter Judgement granting in part and denying in part Southern Newspapers, Inc.'s motion for summary judgement, which concludes the matter the subject of Resolution No. 93 -011 which resolved that no executive sessions be scheduled o• ;,r l d by the City Council until such time as an agreement of the law governing the same could be reached between the City Council and the Paris News, and resolving that Resol�!tion No. 93 -011 be, and the same is hereby, revoked and held for naught, was presented. A motion was made by Councilman Bell, seconded by Councilman Boyd for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 95 -119 WHEREAS, the City Council of the City of Paris did heretofore, on the 1st day of February, 1993, in Resolution No. 93 -011, resolve that no executive sessions be scheduled or held by the City Council until such time as an agreement of the law governing the same could be reached between the City Council and the Paris News; and, WIIEREAS, the Honorable Jim N. Thompson, Judge of the 62nd Judicial District Court of Lamar County, Texas, did, on the 25th day of October, 1995, in Cause No. 60057, Southern Newspapers. Inc d /b /a The Paris News v The City of Paris, Texas, et al, enter Judgment granting in part and denying in part Southern Newspapers, Inc.'s motion for summary judgment, which concludes the matter the subject of the above - described Resolution No. 93 -011; and, WHEREAS, in order for the City Council to exercise its right to meet in closed and confidential session with its attorney for those purposes enumerated in said Judgment, it is appropriate that said Resolution No. 93 -011 be revoked and held for naught; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 93 -011, be, and the same is hereby, revoked and held for naught. PASSED AND ADOPTED this 13th day oV-iff6-rd-,-M—ayor 5. ATTEST: M APPR VED FORM: T. K. Haynes, y Attorney Resolution No. 95 -120, resolving that the Raw Water Transmission Main From Pat Mayse Lake to City of Paris Water Treatment Plant, EDA Project No. 08 -01- 02814, 92 fWSRB 02 -92, contract is hereby amended by Change Order No. Five and Final providing for a net increase in contract price of $13,571.00 for revised work scope which will fully rehabilitate the three raw water pumps, for a total contract price of $3,714,651.00, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 622 623 RESOLUTION NO. 95 -120 WHEREAS, the City Council of the C;ty of Paris did heretofore, in Resolution No. 93 -064, award the contract for RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814, 92 WSRB 02 -92, to KENCO, INC.; and, WHEREAS, th-- City Engineer, Earl Smith, acting as proiecr engineer of said project, recommends the amendment of said contract by Change Order No. Five and Final attached hereto as Exhibit "A ", which provides for a net increas-e in contract price of $13,571.00 for revised work scope which will fully rehabilitate the three raw water pumps, for a total contract price of $3,714,651.00, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE C 1'' :' COUNCIL OF THE CITY OF PARIS, that the RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814, 92 WSRB 02 -92, contract is hereby amended by Change Order No. Five and Final, attached hereto as Exhibit "A ", providing for a net increase in contract price of $13,571.00 for revised work scope which will fully rehabilitate the three raw water pumps, for a total contract price of $3,714,651.00, which is, in all things, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. Five and Final. PASSED AND ADOPTED this 13th day of November, 1995. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Cl k APPROVED AS FORM: CHANGE ORDER Order No. Five and Final Date: October 23, 1995 Agreement Date: July 12, 1995 NAME OF PROJECT: 36" Raw Water Transmission Main Job No. 92 WSRB 02 -92 624 OWNER: City of Paris CONTRACTOR: Kenko, Inc. The following changes are he,���• a���:� to the CONTRACT DOCUMENTS: Work scope revised on three raw water pumps to be rehabilitated based on findings after dismantling of pumps by Johnston Pump Company. justification: The revised work scope will fully rehabilitate the three raw water pumps. Change to CONTRACT PRICE: Original CONTRACT PRICE S 3,657,005.80 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 3,701,080.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (deaseaseijx by: $ 13,571.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 3,714,651.00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (deeReased) by 270 calendar days. The date for completion of all work will be October 11, 1995 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLE- MENTAL GENERAL CONDITIONS. Requested by: en o, Inc. Recommended by: Hayter Engineering, Inc. Ordered by: Accepted by: Eric S. Clifford, Mayor City orf.Paris, Paris,.Texas Federal Agency Approval (where applicable) ATTEST: Mattie Cunningham;. City Clerk CONTRACT COMMENTS FQR CONSTRUCTION OF .iocument No. 10 F808RAt•6Y ASSISTBO WATER ANO SGWIR PROACTS Change Qroer, Page 1 of t EXHIBIT A Resolution No. 95 -121, approving the contract with LaDonna Koehn, Registered Nurse, Family Nurse Practitioner, and authorizing the City Manager of the City of Paris, Michael E. Malone, and the County Judge of Lamar County, Deane A. Laughmiller to execute on behalf of the City of Paris and the County of Lamar the Registered Nurse, Family Nurse Practitioner Contract with Dr. Bill E. Woodruff, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Boyd for approval of the resolution. The motion carried 7 ayes, 0 nays. 625 RESOLUTION NO. 95 -121 JOINT RESOLUTION N�' ). WHEREAS, the City of Paris and the County of Lamar do jointly, with the State of Texas, provide funding for health services through the Paris -Lamar County Health Department; and, WHEREAS, in the continuing effort to provide the best health care possible, the City of Paris and the County of Lamar are desirous of contracting with LaDonna Koehn, a licensed Registered Nurse, Family Nurse Practitioner, to provide professional medical services to the Paris -Lamar County Health Department; and, WHEREAS, the form of the Registered Nurse, Family Nurse Practitioner Contract, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager of the City of Paris, Michael E. Malone, and the County Judge of Lamar County, Deane A. Loughmiller, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE COUNTY COMMISSIONERS OF 'i HE COUNTY OF LAMAR, that the form of the Registered Nurse, Family Nurse Practitioner Contract with LaDonna Koehn, RNFNP, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, and the County Judge of Lamar County, Deane A. Loughmiller, be, and they are hereby, authorized and directed to execute, on behalf of the City of Paris and the County of Lamar, the Registered Nurse, Family Nurse Practitioner Contract with LaDonna Koehn, RNFNP, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 131tt, day of November, 1995. Eric S. Cliffoill, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, exas, by adoption of the above Resolution on the day of , 1995, as reflected in Book Page , of the Minutes of said Commissioners Court. Deane A. Loughmiller, County Judge Resolution No. 95 -122, resolving that the revised investment policies which meets the requirements set forth in Chapter 2256 of the Government Code, and they are hereby adopted as official policies of the City of Paris and the same shall be incorporated into the Uniform Policy and Procedures Manual of the pity of Paris, was presented. A motion was made by Councilman Fuibright, seconded by Councilman Hunt for approval of the resolution. The motion carried 7 ayes, 0 nays. 627 RESOLUTION NO. 95 -122 WHEREAS, the City Council of the C4y of Paris did, by Resolution No. 90 -009 on February 12, 1990, adopt investment policies as official policies of the City of Paris to be incorporated into the Uniform Policy and Procedures Manual of the City of Paris; and, WHEREAS, the Director of Finance for the City of Paris has presented revisions to the investment policies which meet the requirements set forth in Chapter 2256 of the Government Code; and, WHEREAS, the City Council desires to revise such policies in accordance with state law and said revisions, in the form attached hereto as Exhibit A. should be adopted; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the revised investment policies in the form attached hereto as Exhibit A, be, and they are hereby adopted as official policies of the City of Paris and the same shall be incorporated into the Uniform Policy and Procedures Manual of the City of Paris. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby direcied to implement the revised policies hereby approved. PASSED AND ADOPTED this 13th day of November, 1995. ErV.0 d, a yor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO�FORM: T. K. Hayhes, City 62 INVESTMENT POLICY 1.0 POLICY It is the policy of the City of Paris to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 2.0 SCOPE This investment policy applies to the funds listed below. These funds are accounted for in the City's Comprehensive Annual Financial Report. 2.1 Funds 2.1.1 General Fund 2.1.2 Water and Sewer Fund 2.1.3 Capital Projects Fund 2.1.4 Library Construction Fund 2.1.5 Water Revenue Construction Fund 2.1.6 Child Safety Fund 2.1.7 CJD Grant Fund 2.1.8 C 0 1993 Construction Fund 2.1.9 Solid Waste Bond Construction Fund 2.1.10 Employee's Insurance Fund 2.1.11 Library Memorial Fund 2.1.12 J. A. Love Tnist Fund 2.1.13 J. P. Poteet Trust Fund 2.1.14 Wilbor- DeShong Trust Fund 2.1.15 Economic Development Fund 2.1.16 Community Development Grant Fund 2.1.17 Revenue Bonds Sinking Fund 2.1.18 C 0 1993 1 & S Fund 2.1.19 Contractual Obligation 1 & S Fund 3.0 PRUDENCE Investments shall be made with judgement and care - -under circumstances then prevailing- -which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. EXHIBIT 629 3.1 The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations fronn expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 OBJECTIVE The primary objectives, in priority order, of flit City's investment activities shall be: 4.1 SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 4.2 LIQUIDITY: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonalbly anticipated. 4.3 RETURN ON INVESTMENTS: Tl:e City's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and econmic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 DELEGATION OF AUTHORITY: Authority to manage the City's investment program is derived from the City's charter and reco iiirn,--d by adoption of this policy by the City Council. 1,0anagement responsibility for the investment proginm is hereby delegated to the Director of Finance who shall be responsible for all transactions undertaken. The Finance Director may utilize appropriate staff' personnel to assist in this area when necessary. Procedures and controls to regulate the details of the investment program may be developed by the Finance Director as needed. 6.0 CONFLICTS: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial /investment positions that could be related to the performance of the City, particularly with regard to the time of purchases and sales. 7.0 AUTHORIZED FINANCIAL DEALERS AND INSTIT' !TIONS: Tile Finance Director will maintain a list of financial institutions authorized to provide investment services. in addition , a list will also be maintained of approved security broker /dealers who are authorized to provide investment services in the State of Texas. These may include primary dealers or regional 630 M,11111 . w' wwaN�/ Ir/ �www+« w.....-....-__-..__._. _.�..- ......- ....r..+r+r.w.wwr. •vn. �irww.�r....- .......� ■r ,. dealers that qualify under Securities R Exchange Commission Rule 150 -1 (uniform net capital rule). No public deposit shall be made except in a qua.if;ed public depository as established by state law. All financial institutions and broker /dealers who desire to become qualified bidders for investment transactions must supply the Finance Director with the following: audited financial statement, proof of National Association of Security Dealers certification, trading resolution, proof of state registration, completed broker /dealer questionnaire if requested, certification of having read entity's investment policy. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current audited financial statement is required to be on file for each financial institution and broker /dealer in chick the City of Paris invests. 8.0 AUTHORIZED/ SUITABLE INVESTMENTS: The City of Paris is empowered by statue to invest in the types of securities authorized by Chapter 2256 of the Government Code. A copy is attached as exhibit A. 9.0 COLLATERALIZATION: Collateralization will be required on two types of investments: certificates of deposit and repurchase (and reverse) agreements. In order to anticipate market changes and provied a level of security for all funds, the collateralization level will be 100% of market value of principal and accrued interest. The City of Paris chooses to limit collateral to the extent it is limited by Article 105 Revised Civil Statues of Texas. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the entity and retained. The right of collateral substitution is granted. 10.0 SAFEKEEPING AND CUSTODY: All security transactions, including collateral for repurchase agreements, entered into by the City of Paris shall be conduted on a delivery- versus- payment (DVP) basis. Securities will be held by a third party custodian designated by the Finance Director and evidenced by safekeeping receipts. 11.0 DIVERSIFICATION: The City of Paris will diversify its investments by security type and institution. With the exception of obligations of the United States or its agencies and authorized pools, no more than 50% of the City of Paris total investment portfolio will be invested in a single financial institution with the exception of its local depository. 12.0 MAXIMUM MATURITIES: To the extent possible, the City of Paris will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Paris will not directly invest in securities maturing more than 10 years from the date of purchase. However, the City of Paris may collateralize its repurchase agreements using longer -dated investments not to exceed 15 years to maturity. Reserve funds may be invested in securities exceeding 10 years if the maturity of such investments - 631 are made to coincide as nearly as practicable with the expected use of the funds. 13.0 INTERNAL CONTROL: The Finance Director shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. 14.0 PERFORMANCE STAND, c WS: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. 14.1 MARKET YIELD (BENCHMARK): The City of Paris investment strategy is active. Given this strategy, the basis used by the Finance Director to determine whether market yields are being achieved shall be the six -month U.S. Treasury Bill and the average Fed Funds rate. 15.0 REPORTING: The Finance Director is charged with the responsibility of including a market report on investment activity and -2turns in the City of Paris' Financial Report. Reports must include all information required by Section 2256.023 of the statute. 16.0 INVESTMENT POLICY ADOPTION: The City of Paris investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made therto must be approved by the City Council. 632 GOV '101MENT,� CODE: :. :Title 10 CHAPTER 2256: —PUBUC°FUNDS INVESTMENT' :.SUBCHAPTER A.:.! AUTHORIZED ORIZED INVESTMENTS ' ' FOR GOVERNMENTAL ENTITIES ' Section ; 2256:001. Short Title. 2256.002. Definitions. 2256.003. Authority to Invest Funds. ,f;:,'�,�•: 2256.004. Investment Policies. 2256.005: Standard of Care. 2256.006. Authorized Investments: Obligations of, or Guaranteed, by,. Governmental • ; ' :` ....'. .. Entities.. . 2256.007.., Authorized Investments: • Certificates. of. Deposit. ,; ; ' •., 2 ! 1:.+ 2256.008. ' Authorized Investments: ,Repurchase Agreements. ' • 2256:009: ' Authorized In'vestment's: 'Bankers' Acceptances:" '!., ' .. i. :7 iii., •1. ,,,. +i +. 2256.010. Authorized Investments: `C6 n imercal -Paper. ' 2256.011. Authorized Investments: Mutual Funds. :i. , %`} .''.:•' +t:��''' 2256.012. Authorized Investments: Common Trust Funds. " 2256.013, Bids for Common Trust Fund Investments. :•:;' ::.:: ;: 2256.014. Bank Unwilling to Bid; Presumption. ... 2 ::' ' 2256.015. Subchapter Cumulative. 2256:016. 'Subchapter Not Applicable toy Retirement Systems.'' [Sections 2256.01.7. to 2256.050 •reserved for expansion] '• .•.. • r` +` ` STMB. INENT.QF. LOCAL.FUNDS . SUBCIAPTER .. �' . 2256.051. Definitions. 2256,052. Rules, G overning Investment.: ,. :t ; • , ...,. ,.:. . ' +' 2256.053. Investment Rate of Return: .2256.054. Designation of Investment Officer. ' 2256.055. -Express Authority .Required:' 2256.056. Legal Title in Investment Pool. ,,.. ' .. , . :�s• is ��. 2256.057. Internal Management Reports. 2256.058: Private Auditor::•':', ,:' ,i; r -.. ..: •s 2256.059.. Effect'of• Other Law. [Sections 2256.060 to 2256.100. reserved for expansion] :. • SUBCHAPTER C. PAYMENT FOR:AND DELIVERY. AND ;,•�.,i',;.,•+ir2 DEPOSIT OF SECURITIES PURCHASED. BY STATE 2256.101. Authorized Investments; Application of Income. 2256.102. Payment for Securities Purchased -by - State. 'i • • 'r'•�. '- "'! {.,; 2256.103. Delive of, Securities Purchased-by State. ' _ ,; ,.. ,,��,J,,tt ,• ';.• 2 i °• I. ti;� i D'eposit'of Securities'PurcHlsed State: ; +i'�. },�� :,.,,;� • , 225'6.104. • ,. by, SUBCHAPTER A: - AUTHORIZED INVESTMENTS.•`:�•::'��: FOR GOVERNMENTAL ENTITIES . Amendment vy.Acts -1993, 73rd Leg., ch. 181,'§ 1 1 V.T.C.A. Government Code, 311.031(c) provides,' in part; that`the'" repeal of a statute by a code does not affect an amendment of the statute' by the same.legislature which mac'ted •the'code -arid that the amendment is preserved and given effect as part of the code provision. Aug., Section 7 of -Acts. 1993, 73rd Leg.; ch. 181; e :Au ,30,,:1993; § S(c) to-Vernon's Ann.Civ.St. art. 842a -2 [ nowah is' sub chapterJ2withtlut:�:` 30.6 . 633 'GENERAL., GOVERNMENT :. Ch.:2256 :. reference; to -the'-repeal of said-. article by Acts 1993,'. 73rd. Leg:;. ch:.-268, §46(1).. The -. .-added §•.5(c) reads:. " "T lie county 't ax assessor= collector `may use 'electronic means to trans fer or invest ad valorem taxes collecieit' on bchal f o f tl�e county, as well' as. pursuant to a. contract witlr.other taxing' units." Amendment by Acts 1993, 73rd Leg., ch. 858, § 1 V.-T.C.A. Government Code, 311:031(6) provides,. in part, that the repeal of a statute by a code does not affect an amendment of the statute by the-same legislature etwhich Cr, noted the code and that the amendment is preserved and .given effect as part of the code provision:. Section 1 of Acts 1993, 73rd Leg., -`611: 858, ef/: June 15,``1993, adds' § 2(e) to.Vernon's Ann.Civ.St:`ar't: '8424 -2 [now'this subchapter) tivitlioiif reference'to the . repeal of sirid ai ticle b;� 'Acts '1993, "73rd Leg:, -ch: 268,'' § 46(1). The added § 2(e) rea.A. '' "In' addition 'to investments authorized by � 'other law, 'the state', a department, commission, board, office, or 'any oticer 'entity' of state' government or. an. entity,,,. listed in Subsection (a) of this. section may .' invest in bonds issued, assumed, or guaranteed by the State. of .israel. ". Amendment by Acts :1993; 73rd Leg:;. ch: 94G, § 1.' ' V.T.C.A;...Goverreriient'Code, § 311.03](6) 'Provides,- in' pa'rt,` ::hat` the'' repeal of a'statute by a'eode''does'n6f dffeet`ari- `am*endiiierit'of the`stdtufe'' by the same legislature' which enaeted the code and that 'the -am'en�lment' is-preserved and given effect as part of the'corle'proi',isio+rf: Section I of Acts 1993, 73rd Leg., ch. 946,.eff: Aug. 30, 1993, amends section 2 of Vernon's Ann.Civ.St: art:' 842x= 2''[noiv''this 'siibehapterJ.. without reference to the repeal of said article. by Acts: 1993,. 73rd.-Leg.;-eh. 268, § 46(1). As so amended, section 2 ;r,Bads:° , "(a) An incorporated city or town, a county, .-.,public school.district; a district or authority created under Article III,- Section. 52(b)(1).or (2), or, Article XVI, Section 59, of the Texas Constitution, an institution of higher education as defined by Section 61.003 of the Education 'Code; a hospital district; a fresh water stipvl;�'district;'or' any y nonprofit corpora - tion or public' funds investment pool created •under Chapter 791; Govef ri= , ment Code, acting on behalf'of-any of those-entities:may*, in'.accordanee' with this Act, purchase, sell, and invest its. funds, and fi. nds. under. its control in "the ollowing.= "(I) obligations of the'United'Stat`es or• its= agencies'ana instrUmenta'li -o ties; "(2) 'direct obligations of the State of Texas, or its. agencies;-.-.,.:.,' "(3) other obligations,: the principal.: of . an. d ..interest • on which': dire unconditionally-guaran teed ..or-insured. by;:or,bcicked:by,the full faith:.and. ceedit�,of,,, he. f ' . t State: o ;Texas .or; theti:Unifed ,States'::or, its,:agericies;�ai ry 307_ M ,�.- ,...- .....__._.,._.. - iw.... .+�r.nw+.+n... -.. ..�U QI:,IQQI9IA::ii ' :Title .10i: ."(4). .,obligations 'of states,- agencies, counties, cities;. anrl'other political: subdivisions of any state having been rated .as 't&,'irivestmeht.git.ality by a nationally recognized investment. rating,,, f rm and having; received.. n ratiri ' o not`le'ss than �l or'ifs.egirivalent; ; g "(S) certificates of deposit :'issued i b' -st&e and national, banks aiomi -• ; cited in this state that are: "(A) guara ntee or insured, vy the.F. erleral Deposit Insurance Corpora - tion, or its'st;ccessor; or "(B) secured. by obligations that -are. described by Subdivisions W-44) of this subsection, which are intended to include all -direct federal - agency or instrtanentality issued mortgage backed securities ,that have a market ' ':value of not less than the principal iimoiint bf'the certificates or m any., otJzer'rriarine'. acid *amount provided: by laity. for 'deposits ofahe investing. entities; +: '(6), certificatesf.deposit issued tby say. ngs ,and loan,., associations o domiciled in. this state thci'f are:.. i ' g 'tend 'LoanJnsur "(A)'gtiaranteed -or instired- by-the Federal'SaUin s ,. anCe 'Corporation, or its sticedsor; or "(B) secured by.obligations 7hht are. described by Subdivisions (lent) of.tl�is subsection, which:, intended, to include all direct fed agency or.instricrrientdlity;isstced ; morfgage backed'secicrities 'that have .a market. value o not' less ,than. the.principal, artiount .o f the cei ti ficafes .or n. any, f manner and itnioirnt provided by;'la'' for. deposits of'th'e investing. other .^ _ . entities; "7 rime domestic banker's,' acceptances; ,, :: (),.P "($) comrrcercial paper with'a -stated maturity 'o f 270 days 'dr less ; frdrri'; the• date of -its issuance that either: (A) Mess thari'A', ' P -1;. or th'e .egttivalent by' at least: two . is• rated not' nationally recognized creilit'rating' agencies; A -1- ''P -1, •or the ,.equivalent -. by ;at least one; • (B) is, rated: -at •least..: , nationally•.recognized.. cYedit.: rating;-agency .and .is . fully',secured. by. under; irrevocable ..letter,.•.of'credit. issued, by a bank, organized and existing the laws of. the United States or.-any state. thereofthereof, "(9) Tiilly collateraliiecl iepurchaseagreements having a defined fermi- nation date, secured by obligations described by' Subdivision (1) of'this subsection,; pledged to ,the, political•. entity'; and • deposited :with .a :.third a. party selected and approved by. the political entity, and placed r se e ' primary government securities `dealer, as de fineri by. the Feder or a bank' domiciled* in this.•state: "(b) In addition'to the -investments described by Subsection .(a) of this of high ectucation',as deemed •by• Section `61.003: section . aW i` st 'tutioh er' ' accordance .with']this..Act,'`purchasel sell;, o the�Edueation'.-Code-:mdy, , f 'ts' control: iri�:;ihe�5.- ollowi'ng :x ' and:.invest':: its • funds ,and . fiends .under.: t .. .. , .t ro 315 • • lnL` l�lL` iCtiL l V V L` 1C1�L1Y1L` i�t 1 ' 2256 � '(I) cash management and.-fixed income. funds sponsored by organiza- tions &xempt from federal -income' taxation under Section •S01(f), Internal Revenue Code of 1986 (2t5 U.S.C.' Section S01(f)), and its subsegztent amendments; ,'.'(2) - negotiable certificates' of deposit issued by a bank. that has a certificate of deposit rating'of at least'] or the equivaleni.by a.nationally. recognized credit . rating agency or. that is associated with a•. holding company having a commercial paper rating of at least A -1, P -1, or the equivalent by a nationally recognize(? cr ?dii r atirg agency;. and "(3) corporate bonds, debentures, or similar debt obligations- rated by a nationally recoognized investment- rating firm 'in , aiie.7of • the two -,highest' long -term 'rating categories, without regard to geddations within-'those categories ,,(c) In- this section: "(1) "Bond proceeds" inclztdes bitt.is not limited to proceeds from the' sale of bonds and reserves, and . funds maintained :for debt service parr.. poses. "(2) "Prime domestic bankers' acceptances" means a bankers' accep- tance with a stated maturity• of 270 days or 'less' front the date of `its issuance that will be, in accordance with.its terms, liquidated in full at maturity; that. is._eligible for collateral for borrowing from. a. Federal Reserve Bank, and that is at:cepted..by a .bank organized .and•, existing. under the -laws of the United States or any state, the short -term obli- gations of which (or of a bank holding-corrtpany 'of which'the'bank is the largest subsidiary) are rated ai yeast A -1; P -1, or the'egativrtlent`bycct-lea.'t one nationally recognized credit rating agency. "(3) "Repurchase agreement" means a simultaneous agreement:.to buy, hold for a specified time, and then sell back at a facture `date, obligations described by Subsection (a)(1) of this, section,. the principal . and interest of which are guaranteed by the United States. or any of its. agencies, in market value of not less than the principal amount of the funds disbursed: The term . includes -•direct securiiy : repurchase agree - ments and reverse security repurchase. agreements. "(4) "Public funds investmer_t pool" means an entity. created to -invest, public funds jointly on behalf of the entities that participate in the pool . dtid whose investrneht'objectives in order of priority are: first, safety of principal; second, liquidity; and third, income. "(d) In addition to the investments described by'Subsection (a) of this section, an entity listed in that subsection may, in accordance with this Act; purchase, sell, and invest'its fitnds and funds 'tinder its control `in a no -load money. market mutual fund that is regulated by the federal Securities 'and •Exchange : Commission with a dollar- weighted .average: • stated maturity of. 90 clays. or less and whose investment objectives inc t ide seeking io maintain a stable net asset valate of $1 per.shaie: No: entity listed in Subsection (a) of this:section is authoHzed by this'Ac(to . invest;in the: ggregate more•'than, -80 perceni .o its �monthly. =average:• fund: 'balance; excluding bond . proceeds,.,. in: inoney In arket:;mittual- :,funds,Ytle- 309- 636 GO V - RNMENT: 'CODEt .-.Title .10,: -' scribed in .-this subsection or to -invest.-its fiends or.' funds', under,'its control; "excluding. bond. proceeds,: in any _one money market �mtitual • fund,. in an amount, that. exceeds 10 percent of the total assets 'of 'the money, market mutual fund. ~' "(e) An entity-listed in Subsection '(a) of this' section may :invest .'its funds and f unds'un'der its control in an eligible public' fiinds. investment - pool if the governing -body of the entity by resolution aii•thorizes invest- merit in the particular pool. A; public funds investment pool.may invest, the funds'ii receives from entities listed in Subsection.*(a)'of this seetiori• in 'any investment described by that subsection.. A public finds invest - ment.pool shall,establish an advisory board composed of participants,in: the pool and other persons• who are .qualified to. advise the pool.. "(f) To become eligible to receive funds from and invest funds "6n behalf of an entity listed in Subsection (a) of this section, a public funds investment pool must furnish to th3 . chief financial officer or ,other aidhd'rii ' representa'tive ' of .the entity dri offering`circula "r''or.`other sirriilciriselos ire instrument'thkt contains,' at'a minimum-,;'tW follow= '. ing information: ,I th'e °t' es of.investments iii `which' money is'alloived `10 be invest- (J yp ed; ; .. , ,•. . opt ', '.l •,•; . �•';`,; �':, ".i•i•• •:: " (2) the ma rimuin'averake dollar- weighted rnaturiiy allotve'd, based ori' the state& »maturity date, of the pool; "(3J the�maximum stated maturity date' a ny.tnvestment:security within, the port folio ,may, helve;. , :;t t:'• „(4) the objectives of the pooh,' "(S) the size of the.pool; .« "(6J the mimes of he- memliers'o f the%`advisory :board -of the "pool an the dates'their'tei-ins'ezpire; " . "(7) the custodian.bank that: will, safekeep. -the po'ol's assets;. ...t "(8) whether the inteni' of the pool is 'to maintain a net asset valate of one. dollar-and the risk of market price f liictuation; whether' the only source 'of payment is the assets of the pool `at`' market value or whether there is a secondaiy soiirce of pa ' en"t,-.such` as'; insurance or guarantees, and a description of the ,secondaiy source of '(10J the,,name; and address. of the .independent ,auditor• of 'the,pool;, the requirements* to be sans fled for' an entity.''to`cieposii `funds' in an d tivithilraiv funds from' the pool 'and any deadline's:or oilier operating' policies re�icirecl for the entity fo' invest:• f unds in and Wiih'didw' funds; from the pool;'' 'and (12) , : ; .. avera , the :� p erf ortnnnce•. histo > �;`o ��• the:'' pool,, ,:including:}yield,!:•ige; weghed ,matt d ratios, e :�'„t;i;i °,s,.r �: rr.:r:�•;'rwf�;�+ ;s d;� :�.: ` . • • 3,10 .. 637 bL`1HL'lttlli lrV VL`1ti�l1V1L'l�tl y LLD 0.UUL . 2256 "(g) To maintain eligibility to receive funds from and invest funds on behalf..of.an.entity listed in.Subsection (a) of this section, a public funds investment, pool.. -must* furnish •io the chief financial 'officer or other-. ' ditthorized representative-'of the entity: ' "(1) investment transaction confirmations; and "(2) a monthly report that contains,'. at ,a minimum ,-. the folloti h7k, information: ;(A)',the types.�and percentage breakdown of securities. in; which... the,. 11 pool is invested; . t llti : "(I3) the current average .dollar- weighted'matatrity- based on the'stated�.:; maturity date, of the pool; "(C) the current percentage of the pool's portfolio in investments that; 'have stated maturities of greater than one year, "(D) the carrying valite versus the. market value of the pools portfolio,, using -amortized cost valuation; "(E) the size of the pool. , "(F) the number of participants in the.pool,., "(G) the custodian bank that is safekeeping the 'assets of the' pool; }V :1 H ' a lisfin o dail transaction activit b the' entit artict atin �) g f y y f y p 'p g:. in the pool; , , ....... the' yield and expense 'ratio° o f 'the pool; ' "(1) the portfolio managers of the pool; and ' "(K) any changes or addenda to the offering circttlar." § 2256.001. Short Title This subchapter. may be cited as the Public Funds Investment Act.,-. - i , Added by Acts 1993, 73rd Leg., ch., § 1-, eff.. Sept.. 1,• 1993.. Historical and Statutory Motes i Pr16r Laws: 1, j Acts 1587, 70th. Leg., ch. 889. Vernon's Ann.Civ.St. art. 842a -2, § 1. 2256.002. Definitions , In this subchapter: "Institiitiori ofiigler education has`tlie meaning' assigned by Section; 61.003, Education Code. '(2) '.'School district'.' means a public school district. r, Added lb Acts 1993, 73rd' Leg., ch. -268A. E •eff. Sept. 1, 1'993. �,: i:= ; ►':'',> t t: �: y 3 "1� ! 1. -' 7 638 and capability of investment management. (b) The investment: policies' may provide, that bids. for be cez'tificafes of, deposit . .sot:l.lic%iite ad:, !,�. ",j •.�,�: 1i1 �:. i�l'•t' +::i!•' !.f.s�' .� f f ��'•'�'�:'. ''7 ... J ;;,::_,, s,f. t,,ti���: ► .,,:' 4;. ;; . JJ.:.;•. .. j .. . ...: ..J. I :i,.. i y�J •i �...�., e. �t ..l f„e (,',�, 1. i.i.. •.1� .• �.:••,f:••' (1) orally,'. f,�::t ,I (2) . in writing; O3 .el'ectironicdll' ', or►. . y:. f.�.�:.';` t; ?.�'iJ•. rl ii.,l;l.,,, • '3'1i2� �. . —9-2--256.002. ' '; GOVERNMENT; CODES :Tlile :.10r Ilistorical. and Statutory. Notes,, . .. Prior Laws: 4s , sLeg, t ch. 693 § Acts 1987, 70th Leg:,;.ch :.889. 'Acts 1989,•7lst,Leg 'ch...750,: §,.I :t'•• Acts 1989, 71st Leg., ch. 39, § 1. Vernon's Ann.Civ.St. art. 842a -2 Acts 1989, 71 st Leg., ch. 628, § 1'. ' § 2256.003. Authority to Invest Funds : Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized 'under this' : :..". ;.:•...•:::: subchapter in compliance with investment policies approved -by the governing-•;;;; body,-and accordiing.,to the .standard of :care prescribed by'. Section 225'6.005: (1) a municipality; (2) 'a county; (3) a school district; _ (4)''•a` district or -withority. created under: _ (A) Article III, Section 52(b)(1) or (2),• of the Texas Constitution; or ' ' (B) Article •XVI, Section 59, of the Texas Constitution; (5)' tin institution of higher education;' (6).: a , hospital district;. i ( (7),ia.nonprofit.corporation acting on behalf of an cntity.listed in Subdivi- f sions (1)• through (6); or (8) a public funds investment pool .created under Chapter, 7,91: acting on ' b behalf -of a--combination of entities listed in Subdivision's (1) through (6). .Added by Acts 1993, 73rd Leg., ch. 268, § ' 1, eff. Sept. 1, 1993. i is Historical and Statutory . . N Prior Laws: Acts 1989, 71 st Leg., ch. 693; § . Acts 1987,.70th L'cg.,'ch. 889: '. , . , ,'' . ,Acts 1989,:71st Lcg.; ch: 750, §;1::,: . Acts 1989, 71st Leg., ch. 39, § 1. Vernon's Ann.Civ.St. art.. 842a -2 §§ 2(a), Acts 1989,•71st Leg., ch,-628; §§ 1,.*2.'t i !$(a),. ,," ' :�;... ..i :..• ?:_:.; � �: §' 2256.004. Investment Policies ' ' (a) The investment policies must: •'t • : �• ' ' (1) be written; (2) primarily emphasize safety of principal and liquidity; ' and (3) address investment diversification, yield, and mattirAy and the:'quality 639 G)GNERAL GOVERNMENT § ;2256:006' h :.,2256 (4) in any combination of those -methods. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ITistorlc� I and S'tatittory N `tcs . - !'" Prior Laws: ... .. �: ;;-, Acts. 1989,•71st:Leg.,.ch. 628,, §'2' Acts 1987, 70th ,Leg., clt. 889. Vernon's Ann:Civ.St. art. 842a -2, § 5:1;:i •3 ;1 { . : §. 2256.005. Standard of Care Investments shall be. made with judgment and care, under prevailing circum- stances, thi t a• person of prudence; discretion,- and intelligence would exercise in the rrianagement of the person's own i-'iffairs; • not for -speculation; brit for ' investment, considering tlie' probable safety of capital and the probable income to be derived. ' Added spy Acts 1993, 73rd' eg., ch.` 268, § `l; eff:'�cp. .1993.. , :it! Historical and Statutory Notes.; .Prior Laws: Acts 1987, 70th Leg., eh. 881. :.. ...�: . • Vernon's Ann.Civ.St. art. 842, -2, § 4. ,• § horizM invme ' Guaranteed by, 2256.006: Att - Governmental Entities The, following arc • authorized investments . under this subchapter:"- (1) obligations of the United .States or its instrumentalities; (2) direct obligations of this state or its agencies;; (3) collateralized mortgage obligations 'directly, issued •by:a federal agency or instrumentality. of the Unites? States, the underlying security for which is guaranteed 'by an agency or instrumentality of the United States; (4) other obligations, the principal'ancl'interestof which are unconditional- ly'giiaranteed or insured by this"Staid or the United States 'or its inftirxiental- ities; and (5) obligations ''of states; ' agericies, ' cotiritics, cities, arid other' •political •'... subdivisions of, iiriy' state" rated as,: fo investment', quality' by ' a�''.iiationally' recognized investni6ht- rating firiri' hot •less' than •A or its' equivalcrit:�' Added by,Acts 1993, 73rci.Leg., ch. :268, § 1, _eff...Sept. 1, 1.993. Amended by Acts. ,1993, •'' 73rd Leg.; ch. 820, § 2, eff. Sept..1, 1993..__. ,: ,: •.. ,,,, �.::: ;: - listorieal and: Statutory Notes :. ; ; .:� , t • r;. Section 3(c) of the 1993 amendatory ,ct pro- Prior Laws: vides: Acts 1987, 70th Leg., eh. 889. "If S.B. No. 248, Acts of the 73rd Legislature, Acts 1989, 7lst. Le , ch. 39,-A.1. �'I Regular. Session,.•1993;fch.�268) does not•finally. . , Acts 1989,•71st'Ej 9' 628, § =1' ' '• -e -ch pass or, is not, a roved b the governor,*, :'�:'• f .<,;r.. pp Y g 6:?-69S ,..; :.:. 2 this Act has no effect." Acts 1989,.7.1 'st.:Le` .t ,r of 3 1:3 1. . 640 - -. ••....+..., M•:- r• ,t § 2256:006` GOVERNMENT.:'CODE) ; Acts 1989, 71st Leg., ch. 750, § 1. a:...'•.rr . .► :+ .:t' .. ",i�;. , ;il� �.�;..' �).. Vernon's Ann.Civ.St. art. 842a -2, § 2(a). § 2256.007. Authorized Investments:. Certificates of Deposit A certificate of deposit- is tin authorized investment undee this subchapter if the certificate of deposit is issued by a state or national bank domicilcd in 'this state or a savings and loan association domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; (2) secured b y obligations . that are. described :•by; Section 2256.006, includ -, ing: mortgage backed . securities directly issued by a • federal, agency. oil, instru -; mentality . that. have.. a market value of . not less. than the principal .amount ;of: the certificates; or :•c. (3)'secured in'any other manner and. amount provided.by law ;for deposits of the investing entity. Added by Acts 1993, 73rd Leg.;•eli 268;`§ 1,-dff. Sep[: L. 1993. historical,and Statutory Notes Prior Laws: Acts 1989, '71st Leg:, 'ch: 693; § 4: Acts 1987, 70th Leg., ch. 889. Acts 1989,. 71st Leg., ch. 750, § 1, Acts 1989, 71st Leg ch..39, § 1 Vernon's Ann.Civ.St..,art..'842a -2, Acts '-1989; -71st Leg , ch. '628, § 2256.008: '- Authorized Investments:; ;Repurchase.: Agreements'•: • 'j (a) A fully collateralized 'repurchasc agreement `is' an authorized 'investment under-this subchapter if the ,.•repurchase agreement: (1) has a defined 'termination 'date; (2)' is secured by obligttions descrilicd t7y cc ion 2256.00b(1)h (3) is ple' iged' with � a third party selected or approved liy, tlic entity; rind I t;(4) istiplacecl through a- primary government securities dealer, as,clefined by the Federal Reserve, or a bank ciomieilccl in this state. l ent" mcins a. simultaneous agree- (b) In. this. section, , rcpurc lase agrcem < merit to buy, Bold fora specified, rim a nd sell back at a future datc;obiigations described by. Section 2256.006(1), •the principal. and. interest :of which..'are guaranteed by thc`:United States , in -marke t value of not less than the principal ' direct security.'repurchase of the -Minds -dish irsed. III& �tcrm .incrudes• ain6tint ,.:•. and a reverse security repurchase agre'errterit: agreement Added by Acts 1993, 73rd Le ch. 268; § .1 :eff. Sept. J,4993. Historical and Statutory Notes Prior Laws: � ' Acts' 1989, -.71st Leg:, :ch., 693;• § 4:'t Acts 87 70th' i:e cli: 889: ' ` •'Acts' 1989, 171st ;L•egr,'•ch:: 750„ §-.1 1: 2 (IcCS)• :t ( •, Ann: Civ :St::•Ar:�•842a,2 ;t ' t .i; Acts 1989, 7lst`Ie g 'chc` Vernon s . )' :§'i'1.: •. 1.'.!:;, i: 'r(att)1J • 628, s .§ Acts 1989,(.71 sfl8g! ,! .ch • SM. 641 . GENERAL GOVERNMENT §2256.011"*.* Ch. 2256 §..2256.009. Authorized Investments: Bankers' Acceptances , .... , A bankers' acceptance is an authorized investment tinder this 'subchapter' if :.' the' bankers' acceptance: (1) has a stated maturity of 210 days or fewer from the date *of its issuance; (2) will be, in accordance m ith its terms, liquidated in full' 'at maturity; .: (3) is eligible for collateral for borrowing from a: Fede *al.Reserve -Bank; .and (4) is accepted by a bank organized and existing under the Biwa - of the ' United States or any state, if " the short -term obligations of the bank, or of a 'bank holding company of which the, bank is the largest subsicliary, are•rated t` less 'than * -1'' or ' P -1 or' an ' equiv:�Icnt rating by, at ' Ieast one' hatioiially i ' recognized credit rating agency. Added by Acts 1993,.73rd Leg.; ch:'268,• § 1, eff. Sept. 1, 1993., IIIsi6rlcal• and Stntutory` Notes ! . Prior Laws: Acts 1989, 71st Leg., ch. 693, § . 4: 'bets 1987; 70th leg.", ch.* 889. Acts 1989, 71st'Leg:; ch: ?50,x' §' Acts 1989, 71st Leg., ch. 39, § 1. Vernon's Ann.Civ.St. art:* 842a -2,'§'2(a)` (c). 'i'•:. Acts 1989, 71st Leg., ch. 628, § 1. `. §:.2256:010.'. Authorized Investments: Commercial Paper " .!.Commercial paper,.is an authorized investment under this subchapter if the commercial paper: . .:..(1). has a stated maturity of 270. days or fewer from the date, of its issuance;,. and (2) is rated not less'than A -1 or P -1 or an equivalent rating by at least: (A). two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency. and.is;fully secured by an,.irrevocable letter of credit issued by, a;.bank.O'rgarized:,and existing; under the laws of the,United .States or, any, state.! Added by Acts 1993, 73rd ;Leg., ch:.268, § ;1;, eff. Sept. 1, 1993. }; i IIlstorlcal and•Staiittei' Notes,' '. Prior Laws: 'Acts.1989;, 71st' Leg.; ch. 693, §� 4. r Acts 1987, 70th Leg., ch. 889. Acts 1989, 71st Leg., ch: 750, § T'.',., ::• Acts, 1989, 71st Leg., ch. 39, § 1. Vernon's Ann.Civ•St. art. 842a -2,,§ 2(a). I :•`• :' •`' ' '' ;'Acts 1989;:71st:Leg.; ch: 628; § 1. ;,.. .._ § 2256.011..E Authorized Investments: 1Mutual bonds .(a) A no -load money market mutual fund is, an authorized irivestm6nt'tinder ' this, subchapter: if the,mutual; fund: (1) is registered with the Securities' and Exchange Commission; ' (2) has a •dollar - weighted ave.-;-7, -0 portfolio maturity•.,of :120; days: ox:fewe1.; ; 315'• 642 ,'fir ✓1• „£ Yf :. GO`VEItNMEN V CODE § 225 fi, 01 T: Tltic .,ro . (3) invested' exclusively in' obligations described by Sections , 2256:006' thi•ou is 2256.010; ..and and stable net: g aintcnance of. a. t (4) includes in cnt objectives the m its investm asset valise of $1 for. each share. (b) An entity is not authorized by this section.to: (1) invest in the aggregate more than 80 percent of its c °funds held for fund balance, 'excluding bond proceeds funds described and other Subsection (a); or debt service, in money market mutual st its funds or funds under its control, excluding.bond proceeds and (2) inve in an ,'one money; ;market x•esexves and . other funds ;held .for ;debt sOrvice oft e.'total :assets .of .the ”' ' �il f�inci bunt that exceeds 1. percent mtitu� in ,an am r money market mutual fund. ch. 268, § 1 eff. Sept. 1, 1993.,; r.. i,,.' ..•'• Added by Acts 1993, 73rd Leg., , ' historical and Statutory, Notes Acts 1991, 72nd Les:, ch. 732 § 1 • .. <ti Prior Lar s• � ;;•; rnon art.. 842a -2, Ve Is Ann.Civ.St. �(d)• Acts 1987,..7Oth Leg.,.,ch: 889. c • .'. ;Acts 1989,71st;Les.; ch.'629, § 1. Notes of Decisions invest their funds and funds und�c'tu {•rililcnrati;. Type of sceurltics 1 ..in ymitual• funds holding only j mortgages that obligate United States agencies provided' that • the mutual' fund coiiip es with, section 2(d) of the act, and provided; that: the 1, • Type of securlties V.T.C.S. entity invests no more of its money in the mutu- al fund than sectioh 2(d) perrnits� Op:A1tyGen.. The 'public runds Trivesfinent Act, , ` , authorizes cities; counties; 'and a' 6 16 '842 - 2;" non roGt entities to 1993, No. DM -202• certain other public and P . Authorized Investments: Common Trust�.Funds § 225.012 ' ified•'common• trust fund is an authorized invest nd t ro6e6d§ and (a) A qua funds' of `ari•�in'st'ittition' of higlicr 'edllscrvic f 1 mttn cipnlity; ounty. school r reserves and other funds held ror debt trust fund• district, 'or navigation district if the` Comm k domiciled in this state; ; (1) is owned or administered by. a,ban described by Sections, 2 consists .exclusively of .assets that are obligations , 2256.006 through 2256.010;* f , 1'986';' and ' applicable 'Internal' Revenue Code o '. (3) ''complies with : the . the investment of bond proceeds and. reserves federal regulations governing for debt service; and =`• ` and other' funds held ,. • 1 �' nt 'riccds' of ''the ' iiiremcnts 'rand "tllc - iinvestme meets tale cash'''I�ow ren ,L '!� ubclivisio or.. institution.., :. • • • e {l political.s n' " i'ncltides a''com Parable investm "coin trust fund ' (b) In.this section, mon +.. i ; v'�: °r 'i't (l , device: tic�i; >i:f�i 1'1 r• ;. e1..i,,)'.: • 173rd. Leg: 3 31 Add 'cl .268 � ,1' eff:: Sept. 499 of ed'tby.il�cts.Y9�3,. , 3E 643 4.- i'GENERA-L § 2256"01 -.2256 Hist6irical• and Sfiatutory Nofiis! Prior Laws: Acts 1989, 71st Leg., ch. 750, § 2, Acts 1987'70th Leg., ch. 889. Vernon's Ann.Civ.St., nrii:842a .9,2(b).i:,, Acts c R - - :!,I%./ - . . ... ... 1989, 71st Le g., ch. 628, § 1. Bids for Common T ••ust Fund Investments (a) An .-institution of higher: education or a municipality, county, school . district, or navigation district may invest in a common trust fund under Section, 2256.012 only after L-oliciting oral'N or in another manner. competitive. bid s from at least three banks.' (b) The solicitations for bids required by Subsection (a) for a county shall be -cw& made only to banks located in -the county *unless there are fewer than - three' banks available for the investment located in the 'county; in which us ;::the solicitations shall be made to each bank in thb'county and, as' necessary 'to complete the solicitations, to banks !,)cated in this state. (c) The solidit,;ifi6n,s,: fi)r, bids required by Subsection- (,a,, fora municipality or- a. school•• district.;shal-11 be:made -only to banks .located in..the municipality: or .- , -.school district unless * there -are fewer than three banks a vailable for, the.. -investments located in the municipality or school district; in which case, the ' chool''district, solicitations shall be made to each bank in the municipality 0 i 's and, as necessary to complete the., solicitations, to banks in a county in which the 'municipality 'or school distr:i"ct'is located. 'If* thbre are fewer than f three banks available .. for investments in the municipality or school district and in.tyie counties in which the municipality or school district is located,*• the solicitations shall be made to each bank in the munic.",pality or school district and in the counties in which the municipality or school district, is located, and, as necessary to complete the solicitations, t6* banks Jocated'in tliis'state. (d) This section applies to a nonprofit corporation 'acting on behalf of'a u Ality, county, n c p municipality ft', pp ality." edii-tity,. of §chobl district' i lies to*th6-.m" ty or school. district. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. l "iitst6rl6�l ind Stht u toy Notes * Vernon's Ann.Civ.St. art., '842n-2,.§ 3(a 'to Prior Laws: 'Acts'1987* 70th Le g. ch. 880.' (e)• ' 2256.014. Dank tinwillink to Bid; Presumption ba'"I' that A governmental entity or nonprofit corporation that i s notified by :a n or investments under Section .2256.01 -2. the,bank is unable or unwilling to bid f an ucs to - bid. for may ; presum; b 'k c6n'i'in:' to be.' unable'. or.U�willing investments - until 'ill'e bank in w'ri*-i"_-., n*'('Y notifies o"ii`f ics the.,entity..6the "se ldded'by Acts .1 90-,'73r&Lcg.1. ch..268:'--§:1,;eff:.Se pt; 1"j03 3.1 T. 644 - -y -: - - - •--� -- § 2256'.014: GOVERNMENT - .COUP::::, ;Title ,10 :� :•: .;�. • Historical and Statutory Not s;. ,• • Pr16r Laws: ! is ; ,,:•;i::.: .itS� :''�: . Acts .1987,.70th',Leg.;•ch:'•889... ,. ,. ! ; .,;:;.;' .►,i:': :'.t!'i ::.�1:. ;.;: Vernon's Jtnri.Civ.St. art. 842a =2; •§ 3(0. ' :' , ,.:'..: �';�:;1' •t:J::' r .! § 2256.015. Subchapter Cumulative I:The:•authority granted •by!this subchapter 'is in addition :to. that'.:granted:,by o 'her law.. ;' , Added by Acts 1993,' 73rd Leg.,' ch. 268, § 1,` cff: Sept. Historical and. Statutory. Notes ,,;. •, :. !.,A Pr1or Laws; ,Acts 1987, 70th Leg.,-ch. 889.. :. .. :.... .. ;•t :a:•.;,•; Vernon's Ann.Civ.St. art. 842a -2, § 7, ,' , :.• s § 2256.016. Subchapter. Not Applicable to Retirement. Systems • { ter does not a 1 to a iiblic retirement system' as `defiried'by'• . 1 This subch� p pp y P Section` 802:001: , . • • • i . :: �: {' . ' : �, i . . Added. by! Acts, 1993,.73rd Leg., ch.' 268, § 1, 'eff.`Sept 1, 1993., �• ., . ,. ;i,.,, {:.;. 'IlIstorical arid'Statutory'Notes '. Prior Laws: 'Acts 1987; 70th Leg:, 6. 889. Vernon's.Ann.Civ,St.''art. 842a -2, § 6., . • • +! .. {: • ;. ,'. ..'. ;d� ., , [Sections 2256.017 i6'2256.050 ''.reserved for expansion] :SUBCHAPTER. B..' INV ESTMENT • OF, LOCAL. FUNDS, ;;. •,• 'I ' .•`. !fir !i. ,r i y, § 2256.051. Definitions In this subchapter: " (1) "Investment pool" mens an entity 'created under Chapter 791 to invest , ' " funds of two or more local governments: public (2) ' "Local funds" means 'public funds in the custody • of a state agency' or` political subdivision that: " (A) are not required by law to be deposited in the state treasury; and (B) the agency or subdivision has authority to invest:... (3) "Political subdivision" means a county, municipality, or special pur- ,,. pose district. .. „, (4) "St-,ite agency” means an office, d'epa'rtment; commission,' board; other' a ene�/;' institiriiori' of higher' edification, "'or river aiitliority that'is' paSrC of any; b J •. :, i:r! .i', ". •f:ft'i .� i!:.{ .i.i Jl�i�i.l'. {•i 311'i li:: �`i.i,) branch of state` gove'rrimcrit:'' Added by Acts 1993, 73rd :LCg.; ch.. 26& § :1; 'eft; i.Scpt:, 1, ;1993: ;'. �:;; 1' r. *; �i� .11 1-,�;s=►1ti . rr 31.8: 6 4 B .Y+ .. §.2256:054; ,GENE - RAL GOVERNMENT "Ch. 2256 ,:; :''•'`` Historical. and Statutory Notes. f ' +Prior Laws:' ; Acts 1979, 66th Leg., p. 2071, ch. 810. Werrion's Ann.Civ.St. art. 4413(34c); § 1. ; §, 2256.052. Rules Governing Investment . '.'E�ch state agency or political subdivision shall adopt rules' governing the investment of its local funds, including riles specifying the scope of authority of 'officers and employees designated to ;nvest local funds. Added by Acts 1993, 73rd Leg., ch. 268, § 1, erf. Sept: 1, 1993. Historical and Statutory Notes `'. Acts ,1989, 71st :L cg :, ch.: 693, .§ � 2: ' Prlor,Laws: ;. art.' 4413(34c),; ;Acts 1979: 66th Le 2671,'ch. 810. Vernon's •Ann.Civ.St. Leg., p. 11256.053. Investment Rate of Return A state agency, political 'subdivision, or investment' pool shall invest' its 'local' :funds in investments that: (1) yield the highest possible rate of return; (2) protect the principal; and (3)' nsisfent with the operating requirements of the agency, subdivi= are' co sion, or pool as determined by the governing, :body. r. •: Added by,Acts 1993,: Leg., ch: 268, § 1, ell.. Sept. 1, '1993. orical an Statutory Notes �... .. ITIst , I' ,Acts 1989, 71st -h .693. § 2. ;.,..,,. ;;. �;.'•'.::`::::.;.;': .Prior. Laws: 4413 34c ;Acts 1979, 66th Leg., p. 2071, cl�. 810. ' Vernon s Ann.Civ.St.' art . ( ). § 2256.054. Designation of Investment Officer ` (a) Each state agency or political subdivision shall designate, by rule, order, ion, one or mote officers or employees of the agency,. t ::' ordinance, or resolut' pool to be responsible for the investment of its local subdivision, or investment , funds. (b) Subsection (a) does not apply if an officer of the agency or subdivision i. assigned by law the function of investing its local funds. (6). An officer. or employee of a. commission. create d under Chapter 391 Local �' '" investment officer under Government Code, is ineligible to lie designated as an Subsection : c, (a). , . ,. ,. :Added by Acts.1993, 73rd Leg., ch.. 268,' § 1 off: Sept. 1, 1993. 3.19.. 320* . �_77- T §-2256-.054, GOVERNMENT; j0,:.*.:`. UlstokicaLand.'Statut6ry'Note§* Ann.Civ.St. art. 44'13(34c),!§§ Prior Laws: Vernon's Acts 1979� 66th leg.; p. 207 1, ch. 810. 3(a)-. Acts 1989: 71st Leg., ch. 693, M 2, 3. Notes of Decisions. it tie*fti�ds'in acc6rdahe-wi6 surer to invest c' Person responsible F nds Investment Act.*. Op.A Public - Fu tty Gen. '1992, NO'.' DM-96. 1':. Personreip;nslble " j I Commissioners court m -iy designate which.,. county funds are to be invested and direct trea- 2256.055. Express Authority Required A Person may not deposit, withdraw, invest, transfer, or manage . in,any- other-* 166al'f unds of A state agency or politic al -s'ubdivisi bn'w ithbut mann er written authority of the governing body or chief executive officer of the. agency :or. subdivision. Wed by Acts: 993,33rd Leg., ch..268, 1, eff. Sept. .1-1993. .1 Historical. and Statutory Notes; Prlor'Laws: Acts 1979, 66th Leg., p. 2071' ch. 810. 4413(34c) 3 (b). Vemon's- Ann.Civ St. art. § 2256.056. Legal Title iii"Investin'ent Pool- A political subdivision' by teontract:. in may delegate to.. andnvestment'. pool. Ahe. 's..*d authority to hold legal title as custodian of investments p urc a e w th its local funds. f *Le�., .168` § .1,!eff.*Scpt. 1, 1993. C Added by Acts 190' 73rd 6 Historical and Statutory Notes Prior Laws: Acts .1989, 71st Leg.; ch.,693,-.§•2; Xnn.Civ.St.' 1ri: 4413(34c), § (b). M S Acts 1979, 66th Leg., 2071, ch.' 810. Ve on' 2256.057--..- Internal- Management Reports officer of a state agency. or political- (a) At least annually,. the investment of subdivision shall prepare' a written rep ort of the agency's local fu & 'irvc sti" n ei it transactions' for thd'preceding" year. n (b) The must: .report i -, .. '. , , , "" ' ' * ' ' ' 1 '' ' "' Ch"' J)' 'd 6 investment positionp - t, e agency. or. suoctivision es cribe'in'd6ta'il*t the ddi'e''. o'! f 11�6. -r-e" p.-o'A" on be'- prepared` j ointly by -all investment officers. of -the agency..'ori subd ivia sioii: and 320* 647 - GENERAL GOVERNMENT § 2256.101 :; Ch. •2256 (3) be signed by each investment officer of. the agency •'or, - subdivision. l' '(c) The report shall be delivered to the governing body and the chief execu- tive officer of the agency, or'subdivision. Added by Acts 1993, 73rd Leg., ch. 268, § 1; efG' Sept. 1,'1993.' Historical and Statutory Notes ; s• ; . ; Prior ,Yaws:: ,' �' i •. ; i , , :. . . , l+'.' �' _• Acts .1979, 66th Leg., p. 2071, ch. 810. "' : .1' a► . �' ' • �' Vernon's Ann.Civ.St, art. 4413(34c), § 4. ,. 1 ,`• §.2256.058. Private Auditor Notwithstanding any other law, a state agency shall. empl.,y a. private, auditor 1 if�authorized liy the- legislative audit comm cc on the coriimittcc s initlafivei or.: of the governing body of the agency. ;on request Added by Acts 1993, 73rd Leg., ch: 268, § 1, eff. Sept. 1, 1993. Historieai and• Statutory, Notes r.,..: . Prror Laws: [ '''+• ' '. 79 66th Le 2071, ch. ,: Acts 19 g•. P• 810. � .. .•.' ., ��•"�• Vemon's Ann.Civ.St. art. 4413(34c), § S. § 2256.059. Effect of Other Law ' • . This subchapter does. not: (1) prohibit. an. investment specifically autiiorized by other 11w; or..,. ,; : • ;; . authorize an ; investment specifically., prohibited by other, law.,; , •(::::;;,: . ,;.;,(2); 93 73rd Le .; ch: 268; § 1,: eff. Sept: 1, 1993. Ailded:by Acts 19 g Histor ical and Statutory Notes:' Prior Laws: ... '.' �.; ... ...... Acts. 1979, 66th Lcg., p. 2071, ch.. 810.. Vernon's Ann.Civ.St. art. 4413(34c), § 7. [Sections 2256.060 to .2256:100 reserved "for expansion] ' ' SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF SECUR'TIES PURCHASED BY STATE :.: § 2256.101. Authorized Investments; Application of Income A board or.. ct-c .. of the state that may. direct the investment of [utids of. (a) g Y : the board 'or agency may invest those funds in: ' • 1 direct obligations, of •ihe United States; �) g A . ''' uaranteed b the the wed 'interest of which are g y (2) obligltions principal United -States; 1 • �.. • .... , ! . ; :!, �•! 1; ,1;1 �. 321 + i .., :� .. .. .... :. . .. • ...- .. .. ... ... ......... • .. .. .. . � R1�iMENT� CODE . § 2256:101: GO -Title .'(3) direct obligations o£ or participation certificates. guaranteed,by: . a farm 'credit bank; i (B) the Federal National Mortgage Association; . (C) a federal home Joan bank; or (D) a bank for cooperatives; the deposits of which (4) certificates of deposit- of'a'bank or trust bcoinpany, P full secured by a pledge of securities .described by Subdivisions y are f through (3); :��. ' cii:,!:•; her securities made eligible for investment by other law or .the constitution; or k (6) ,combination of securities described by Subdivision's' (1) through' (5)•" a .. invest- i i or;`, �h'�lirect' the applieati6i 'of`incdme, ti !:(b) The board agenc 'shy. t:;: i:a.:... ,'rlirtr)!!:; y�!1 :ii,• .•; '!iil�i•.: i.f 1' :i •� ` ;'. nder'this'Section. {: ments''u ,:.,.'.,� ,;' • :.,:;!.�1;)`Y •tl`� r i,l , Added b Acts 1993, 73rd Leg., ch. -268, § 1,-:eff. Sept. 1, 1993: Historical and Statutory Notes Prior Laws* : r t ` . 0 915, ch. 401 Acts 1967, 60th Leg., P. Vernon's Ann.Civ.St. art. 6252 -5a, § r �• r • .r '''" r,j;' y' ��• ;`� ' Payment for Securities Purchased - . § 2256.].02. Paym hsed b y State .' The com troller, the state treasurer, or the disbursing officer' of an g P that has' the power -to -invest assets- directly may pay !for authorize securities purchased from -or- through'',a 'member in good ": standing of''•th to bank: P . Association of Securities Dealers .or from or through a national or sty that the securities receiving an invoice from the seller of the securities showing amount to be paid for" board or +agency and that have been purchased by the ;.� •;;,:•, °t the securities is just, due and unpaid. •' ,.. •�'� .•,., 11• .:111.11,•1.:,; �::•�::''.: •: b 73rd ch. 268, § 1 eff. Sept: 1, 1993. Added y Acts 1993, Leg., ' . Historical and' Statutory Notes ' i • • . . . , ; Acts. 1979, 66th' Leg.; p. 310, ,ch. 143, § 1• `" Laws: ' 6252 -5a, § 2• Prior L 401• Vernon's Ann.Civ.St. art. Acts 1967, 60th Les., p. 915, ch. , t Securities Purchased by State §. 2256.103. Delivery of security purchased under Section 2256.102 may be delivered to the sh111 :' A y P its funds.' 'The delivery , investing , , . • ,,, treasurer, a barlc,ior the board or agency ; ., . •' under normal and .recognized practices in the ;securities and`b.4 ..) g be made. a= ; -.1 the Federal Reserve Bank: including the.] entry p'rocedire ,r.,... industries, 1;�!'!.i1;.. i:. i::,'; t :ai•i ' ?11`)'.)1''rS��f�('�: ti is ';; 'I,a. 'I... ; s;t,� i�,r. i.�•..;•r . ,:r!. .•• .;.:. 1993. Added b 1993. ; 73rd Leg. ch. 268,. § 1, eft. Sept. 1 , y Acts 322 . 649 • . .f . ..., . - : , , . , . * - * , . .. .. .. :- : , . : ., .... - I , , . .. . .. . *. - - . . . . * - :..t , ... . . . . . � , �-- .. ;. , , - 1"', .; . .I.. . . ... . i . ::. -.-,-,--. ... , 'I'll, I - -.-----::!---..-:...:-.: - "' * . .* .':*.,.' . . . . . . . . . . - . . . , . :., . . - . . .. - - -..---�:---__- . . . * ` 1 , . . .. . ... 1. .. . . :-:-,.-,.-%--::.-,;.:! . . . .. . � . .. : - !: - , .. * .,.'.'..:.'.. . . . .. . . . . . . . . . . - . . . .1. .. . . ... .. , . : ......'_.......... ...... _1 _.... ;---- - . . . - . . . '. - - .. .*... .. - - * . . .. . . .. . _.. .- . . . . . : .. . .. ... .. I .,-* :�. ., . . .:.. . .... ... . .:. . :,. . . - ,,.,-. -.. .. ! - .. .: : .. . : . * .:. :.......- .. , . .. ..� , - * . . . . . . . , - - ..:..:.. ...-..::: .., * , * . , , , : - - - ".. - ... '. ,**:.- - .. .*.:. -.--.:.*-,:"*:-,.-... , *. , - * , , .. . , , '':. ..., - -, , * I., '. .. , . , , , ", - . '' . . - - - - , . . ` .. - :..., . , . -'. !, - ., ., , * , , , ;: . , , '' "I", .1 . , ...... . .. . - , . . .:... .... - - GEN1LXtAi: GO'V1i;RNMEI�IT Ch. 2257 ' ' IiIstorlcal and Statutory Notes :t•:...... . ,.. ' Prior Laws: Acts 1979, 66th Leg., p. *310,-'eh. 143; t'§ '1. * Acts 1967, 60th Leg., p. 915, ch. 401. Vernon's Alin :Civ.St, art. °6252 -5a, § 2'.: • . , . . . . • .. . § 2256.104. Deposit of Securities Purchased by State . . ' .. At the direction of the state treasurer or the agency, a security ;purchased . under .Section 2256.102 may be deposited in trust. with-- a.:bank�or.':federal. . .. •:: reserWe bank or branch designated by the -treasurer, whether •iri or 'outside' the - • . ' ' :• state.. The deposit shall be 'evidenced by a trust receipt : ,5f the bank with which . .: the securities arc deposited. .. , . . . .1. •'. {. ..'ui' .. Added by Acts 1993, -.73rd- Leg., ch. 268,: § 1, eff. Sept.• 1; 1993. • . • 1 <• .. • .. . .. • • • .... ''' " '' YTIstorlcal anct S!:ittitoiy Notes . Prior Laws: Acts 1979, 66th Leg., p. 310, ch. 143, § •2. Acts 1967, 60th Leg., p. 915, ch. 401. Vernon's Ann.Civ.S't. art. 6252 -5a, § 3. :� .. . . - - - - - . -:- -- - • ` I'' ;: . _: :.`: ,- ,** - ,.<.,..._.w. _ -_.- -. - _. - ___-__..... ........,,,,,, .,..,,,, :,... - _---- . - - - --- - - -- - ---,....;.. .W � 04i . 650 City Attorney Haynes presented the following petition for rezoning: Teddy Smothermon, Lot 2, Block 10, Town North Addition located at the 2900 Block of Kessler, from Single Family Dwelling District No. 2, to Two Family Dwelling District. Mayor Clifford referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting December 4, 1996, and before the City Council December 7, 1995. City Manager reported that the past Sunday the City had the dedication of Oak Park at the Oak Park United Methodist Church, and there was a very good turn out. City Manager Malone announced that the next item on the agenda was a closed and confidential executive session to discuss with the City Attorney pending litigation and to secure an opinion on law or legal services as follows: A. Southern Newspapers, Inc., The Paris News v. the City of Paris, Texas, et al; Cause No. 60057, in the 62nd Judicial District Court of Lamar County, Texas. B. Nora F. Randall v. City of Paris, Texas; Civil Action No. 3:95cv23, in the U. S. District Court, Eastern District of Texas, Paris Division. C. Henry G. Cisneros, et al, and City of Paris v. Lucille Young, et al; Appeal No. 95- 40130, In the United States Court of Appeals for the Fifth Circuit. D. Garrison, et al v. City of Paris, et al; Cause No. 65484, In the 62nd Judicial District Court of Lamar County', Texas. E. Ann Anthony, Vergil McFadden and Verginia McFadden v. City of Paris; Cause No. 62575, in the 62nd Judicial District Court of Lamar County, Texas. At 7:40 P. M. Mayor Clifford announced that the City Council would go into executive session to discuss with the City Attorney the above pending litigation and to secure an opinion on law or legal services, and declared the regular session closed. At 7:55 P. M. Mayor Clifford declared the executive session closed, and the regular session open. A motion was made by Councilman Bell, seconded by Councilman Neeley to take no further action or appeal regarding the Southern Newspapers, 65i Inc., The Paris News v. The City of Paris. The motion carried 7 ayes, 0 nays. There being no further business, ATTEST: P1AW IE CUNNINGHAM, CITY RK the mee djourned. - k-�l ERIC S. U FFOR , MAYOR 652 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL November 27, 1995 The City Council of the City of Paris met in special session, Monday, November 27, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan Boyd, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the first item on the agenda was consideration of and action on a resolution authorizing the execution of the Southwestern Bell Telephone Election Form for discount certificates, and further explained that the City had a settlement of a law suite along with a number other cities against Southwestern Bell Telephone Company which in the settlement offer there was money and coupons to be used to buy Southwestern Bell products, but at this time the City does not have a need of the products, and as there is a conversion feature in the settlement the City can convert our coupons into $25,000.00 cash which this resolution will do this. Resolution No. 95 -123, authorizing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris the Election Form for Discount Certificates of Southwestern Bell Telephone Company, was presented. A motion was made by Councilman Boyd, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 653 RESOLUTION NO. 95 -123 WHEREAS, the City Council of the City of Paris did on July 10, 1995, pass, approve and adopt Ordinance No. 95 -026, for settlement of Cif of Port Arthur V. Southwestern Bell, Cause No. 0142176; and, - WHEREAS, the City of Paris has received from Southwestern Bell its allocated portion of the Class Funds in this litigation in the amount of $242,635.80 plus $58,934.61 franchise fee and interest earned; and, WHEREAS, as a part of the Stipulation of Settlement the City of Paris has a choice of options for discount Certificates for eligible goods and services; and, WHEREAS, upon staff recommendation, it is deemed in the best interest of the citizens of the City of Paris to select the Lhnized Conversion Feature which is 10 % of the face value of the Certificate in cash up to a limit of $25,000.00, and the same should in all things be approved and the City Manager of the City of Paris should be authorized to execute the Election Form for Discount Certificates in the Form attached here to as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the selection of the Limited Conversion Feature be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is, hereby authorized to execute on behalf of the City of Paris the Election Form for Discount Certificates in the form of Exhibit A, attached hereto. PASSED AND ADOPTED, this 27th day of November, 1995. 2a� Eric S. Cliffo. d;" Mayor ATTEST: Mattie Cunningham, City Cie k APPROVED AS TO FORM: T. K. Haynes, City Attorney 654 ELECTION FORM FOR DISCQUNT CERTIFICATES (for cities electing an option other than the Standard Discount) Ms. Sandra Lewis Southwestern Bell Telephone Company One Bell Plaza, Room 3010 P.O. Box 655521 Dallas, Texas 75265 -5521 Re: Cause No. D- 142;176; City of Port Arthur, an incorporated Texas municipality, on behay'of itself and all others similarly situated v. Soutlhwestern Bell .Telephone Company and H. Paul Adams; In the 136th Judicial ;District Court of Jefferson County, Texas. Dear Ms. Lewis: Pursuant to section VII(D)(1) of the Stipulation of Settlement, the City /Town of rARIS, Paris , Texas elects the following option with respect to the issuance of the Municipal Discount Certificates: Non - Standard Discount (a)—a reduction to 70% of Original Face Value of the Certificate with a 40 % discount. Non - Standard Discount (bl. —a reduction to 50% of Original l=ace Value of the Certificate with a 50% discount. _Non-Standard Discount (c) —a reduction to 40% of Original Face Value of the Certificate with a 60% discount. .� Limited Conversion Pelture— conversion of 100% of the Original Pace Value of the Certificate into cash equal in amount to 10% of the Original Face Value of the Certificate, not to exceed a cash payment of $25,000. Sincerely, Michael E. Malone City Manager (Tide), City /TOwn Of PARIS, Paris ,Texas APPROVED AS TO FORM: T. K. llaynes, City Attorney H I r- BIT h �t Chi ►..� Resolution No. 95 -124, ratifying the Mayor's execution of a letter requesting typical pavement section reduction on 24th Street, Federal Aid Project No. STP90(18)UM, Lamar County Texas, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. 655 RESOLUTION NO. 95 -124 WHEREAS, the City Council of tii° City of Paris, did heretofore, in Resolution No. 88 -046, approve the contribution Hof M55,000.00 for the improvement of approximately 0.4 mile of 24th Street S.E. beginning at the Texas & Pacific Railroad Right -of -way south to FM 1507, in Paris, Texas; and, WHEREAS, the City Council did heretofore, in Resolution 94 -161, authorize the execution of an agreement with the Texas Department of Transportation for the reconstruction of 24th Street S.E., and to direct the Director of Finance to set aside and reserve $200,000.00 from Certificates of Obligation, Series 1993, for the 0.4 mile 24th Street S.E. Reconstruction Project; and, WHEREAS, due to unforeseen conflicts with existing city utilities the typical pavement section in Texas Department of Transportation Project entitled, "24th Street Federal Aid Project No. STP 90 (18) UM from College Street to FM 1507 in Paris, Texas, should be reduced to 43' -0" back of curb to back of curb; and, WHEREAS, the Mayor of the City of Paris did execute a letter requesting the same on November 11, 1995, in the form attached hereto as Exhibit A, which execution should in all things be ratified; NOW, THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the execution of the letter to the Paris Area Engineer of the Texas Department of Transportation requesting that the typical pavement section in Texas Department of Transportation Project entitled, "24th Strcet Federal Aid Project No. STP 90 (18) UM from College Street to FM 1507 in Paris, Texas, be reduced to 43' -0" back of curb to back of curb, in the form attached hereto as Exhibit A, is hereby ratified and the form of such letter is approved. PASSED AND ADOPTED this 27th day of November, 1995. Eric S. Clifford, Mayor ATTEST: Na Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Resolution No. 95 -125, providing for early voting a^6 designating the hours, polling places, and election officials for the election on Charter amendments called for January 20, 1996, was presented. A motion was made by Councilman Bell, seconded by Councilman Boyd for approval of the resolutions. The motion carried 6 ayes, 0 nays. 656 RESOLUTIONS ~=125 WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of November, 1995, in Ordinance No. 95 -053, call a special election for the purpose of affording the voters of the City of Paris the opportunity to vote for or against proposed amendments to the Charter of the City of Paris, said election to be held on the third Saturday in January, 1996, same being the 20th day of January, 1996; and, WHEREAS, it is necessary to provide for early voting and to designate the hours, polling places and election officials for such election; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the special election for the purpose of affording the voters of the City of Paris the opportunity to vote for or against proposed amendments to the Charter of the City of Paris, to be held on January 20, 1996, called by the City Council of the City of Paris in Ordinance No. 95 -053, passed on the 13th day of November, 1995, be held by the qualified voters of all seven (7) districts of the City of Paris between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. on said date. Section 2. That the polling places and election officials of such election shall be as follows: District One (1): Polling Place: City of Paris Public Works Building 50 West Hickory Officials: Edith Bills, Presiding Judge Frankie Dan erg field, Alternate Presiding Judge District Two (2): Polling Place: City of Paris Police & Courts Building 811 Bonham Street Officials: Veola Bradford, Presiding Judge Clabon Steward, Alternate Presiding Judge District Three (3): Polling Place: Thomas S. Justiss School 401 18th Street N.W. Officials: Betty Hanna, Presiding Judge Sue Gurley, Alternate Presiding Judge District Four (4): Polling Place: Aikin Elementary School 3100 Pine Mill Road Officials: James Hicks, Presiding Judge Jessie Bolton, Alternate Presiding Judge 1 65/ District Five (5): Polling Place: City Hall Azu iex 150 1st Street S.E. Officials: Pat Short, Presiding Judge Viola Broyles, Alternate Presiding Judge District Six (6): Polling Place: Paris Junior College, Applied Technology Building 2400 Clarksville Street Officials: Harold Campbell, Presiding Judge Bill Noel, Alternate Presiding Judge District Seven (7): Polling Place: Crockett Middle School 655 South Collegiate Drive Officials: Howard Brazile, Presiding Judge Eloise Brazile, Alternate Presiding Judge Section 3. That the Presiding Judges of the respective voting boxes shall designate and appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective polling places and voting boxes as may be required for the efficient conduct of said election. Section 4. That early voting for the election described in Section 1 above shall be conducted under the direction of the City Clerk, by herself and her deputies, as ordered in separate order herefrom, beginning on the 2nd day of January, 1996, and ending on the 16th day of January, 1996, Monday through Friday, between the hours of 8:00 o'clock A.M. and 5:00 — o'clock P.M. Section 5. That the polling place and election officials for early voting of said election shall be as follows: EARLY VOTING: Polling Place: City Clerk's Office City Hall Annex West 150 1st Street S.E. EARLY VOTING BALLOT BOARD: Officials: Patricia Short, Presiding Judge Viola Broyles, Alternate Presiding Judge Section 6. That there is hereby created an early voting ballot board to process early voting results, which board consists of the presiding judge, the alternate presiding judge, appointed in Section 5 above, and at least two other members to be appointed by said presiding judge. The early voting ballot board shall carry out the duties enumerated in Chapter 87 of the Election Code of the State of Texas. — Section 7. That 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. Pa 658 Section 8. That 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 CitX, Clerk, on the bulletin board in the City Clerk's Office, on the official bulletin board *4 "' ,, y of Paris, and at each of the polling places designated above, which are within each district in which the election is to be held, no later than the twenty -first (21st) day before the election; further, a properly executed copy of such Notice of Election shall be published at least one time not more than thirty (30) 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 9. That the pay of the judges and clerks of said election is hereby authorized and established as follows: $6.00 per hour for each judge and clerk; the election judge who delivers the returns of said election to the proper office immediately after the votes have been counted shall be paid an additional sum of $25.00 for that service, 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 special meeting, at the City Hall of said City, on this 27th day of November, 1995. Eric S. Cli ford, Mayor ATTEST: Mattie Cunningham, City CletK APPROVED AS TO FORM: i T. K-Hay nc< City Attorney C) 59 City Manager Malone announced that the next item on the agenda was authorizing purchase of new fire trucks for the Paris Fire Department to be funded by the Certificate of Obligation Series 1993. City Manager Malone distributed photographs to the Council typical of the fire apparatus that the City intends to purchase, and pointed out that on the back gives information about each piece of apparatus. City Manager Malone said the first piece is a custom pumper fire truck built by Quality Manufacturing Company with a Spartan Gladiator chassis, a Detroit diesel engine, Detroit TST governor, Alison automatic transmission, etc. The Total price delivered $211,466.00. The second piece of equipment is a 105 aerial ladder truck manufactured by Quality Manufacturing also with a spartan gladiator chassis with a custom chassis, Detroit engine, Detroit PSG governor, etc., at a total cost of $467,343.00. City Manager Malone said this piece of equipment would replace the 1974 model ladder truck, and added that the pumper truck would replace the 1968 pumper. The third piece of equipment will be a EIA445 Commercial Rescue apparatus which has a freight liner FLA chassis, a Cummins CA3D diesel engine, Alison Automatic Transmission, etc. The total price delivered is $181,380.00. City Manager Malone said this truck will step in for a 1987 Ford Rescue truck. The rescue will probably be re- mounted with the grass fire fighting equipment, and it will also step in place of a 1977 Chevrolet Booster truck which will probably surplused out, and a 1971 GMC Panel Van which is the hazardous material unit as the rescue t.-Lick is a larger truck: and it will carry all the equipment that these other trucks are now carrying plus it will have the ability to pump foam. After further discussion, a motion was made by Councilman Boyd, seconded by Councilman Neeley approving the purchase of the above described apparatuses for the Fire Department to be funded by the Certificate of Obligation Series 1993. The motion carried 6 ayes, 0 nays. There being no further business, the meeting adjourned. ERIC D, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY C K Urfio Le—We MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 7, 1995 The City Council of the City of Paris met in regular session, Thursday December 7, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Richard Hunt, Aaron Jenkins, John Bell, and Alan R. Boyd. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting held on December 4, 1995, and attached hereto as part of these minutes as Exhibit A. City Manager Malone announced that the first item on the agenda was a public hearing to consider the petition of Bob McCarley for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Commercial District (C) on Lot 8C, City Block 287 being numbered in the 4800 Block of S. E. Loop 286. City Manager advised the Council that the Planning and Zoning Commission tabled action on this petition until the January 1996 meeting with a vote of 5 -0. A motion was made by Councilman Fulbright to table the public hearing on the petition of Bob McCarley for a change in, zoning from a One Family Dwelling District No. 2 to a Commercial District on Lot 8C, City Block 287, and to table Item No. 4 of the Agenda, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing a the zoning from a One Family Dwelling District No. 2 (SF -2) to a Commercial District (C) on Lot 8C, City Block 287. The motion was seconded by Councilman Boyd, and carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing open to consider the petition of Rayburn Bell for a change in zoning from a One Family Dwelling Distract No. 2 (SF -2) to a Commercial District (C) on Lots 4B, 5, and 6, City Block 346, located in the 4100 Block of Jefferson Road. Councilman Bell requested that he be excused from the council meeting due to conflict of interest. A motion was made by Councilman Hunt, seconded by Councilman Boyd to excuse Councilman Bell. The motion carried 5 ayes, 0 nays, and Councilman Bell departed the council chambers. City Manager Malone advised the Planning and Zoning Commission has recommended the zoning as General Retail with Specific Use Permit - Auto Fuel Sales on a vote of 5 -0 which is a recommended change in zoning from what was requested. Mayor Clifford called for proponents to appear, and John Bell appeared in behalf of the petition requested that the zoning be change to General Retail with Specific Use Permit - Auto Fuel Sales. k � t Mayor Clifford called for opponents to appear, none appeared and the public hearing was declared closed. A motion was made by Councilman Boyd, seconded by Councilman Jenkins authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 to a General Retail District - Auto Fuel Sales (49) on Lots 4B, 5 and 6, City Block 346 as recommended by the Planning and Zoning Commission. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright to allow Councilman Bell to return to the Council meeting. The motion carried 5 ayes, 0 nays. Mayor Clifford declared the public hearing open on the petition of Sammy Bolton for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Auto Fuel Sales (49) on Lot 11, City Block 315, located in the 4000 Block of Lamar Avenue. Mayor Clifford called for proponents to appear, and Sammy Bolton, Route 1, Box 570, Hinkley, Texas appeared before the Council requested the zoning change. Mayor Clifford called for opponents to appear, none appeared, and the public hearing was closed. A motion was made by Councilman Fulbright, seconded by Councilman Bell authorizing preparation of an ordinance amending Zoning Ordinances No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit Auto Fuel Sales (49) on Lot 11, City Block 315. The motion carried 6 ayes, 0 nays. Mayor Clifford declared the public hearing open on the petition of Teddy Smotherman for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two - Family Dwelling District (2F) on Lot 2, Block 10 of the Town North Addition being numbered in the 2900 Block of Kessler. City Manager Malone told the Council the Planning and Zoning Commission voted to approved this zoning change which failed with a 2 -3 vote with a recommendation that the zoning remain as is. Mayor Clifford called for proponents to appear, and Teddy Smotherman, 1609 Lamar Avenue, appeared telling the Council that he is requesting the change in zoning on this lot and passed out a copy of the property in question showing the commercial, non - single family and single family property in this area. Mr. Smotherman pointed out where the government house set in relationship to this lot, and there are three single family houses across the street with two vacant lots, one of the houses is a rent house, and it appears to him that this lot should be rezoned to duplex and he would like to build a duplex on this property, it would be a brick structure and would fit in with the neighborhood. Mr. Smotherman said at the present time there is no restrictions on the lot, and further requested that his petition be approved. Mayor Clifford called for opponents to appear, and Richard Manning, 2965 Cypress, appeared before the Council presenting a petition containing 14 signatures opposing the zoning change. Mr. Manning pointed out this create more traffic problems which is already congested to a point that you can not get in and out. If they want a rent house the people do not have an objection to that, but a brick duplex would only add more problems to an already congested area. Mr Joseph E. Bauman, 2940 Cypress Drive, also appeared before the Council in opposition, and read the following statement: "I am against the proposed zoning change on the property located at 29th N. E. and Kessler. I am a property owner very near the location mentioned. The proposed zoning change on this and several other lots in the vicinity has been before Council and the Planning and Zoning Commission on several occasions previously. So to not waste any more of Councils time on this matter, I will only echo the reasons stated on those previous occasions against this or any other changes in the future. These requests have come up enough in the past, that its beginning to be a rather unpleasant ritual for myself and my neighbors, but if we must we will keep attending, and taking up Council's time on the same old issue. Some time ago, the owner of the lots located at 2870 and 2880 Kessler applied for a variance on those properties also, and was turned down. So to utilize the property, and not let it stand idle, they built single family rental houses instead of duplexes. Might I suggest the same to Mr. Smotherman also. After all, when this property was bought, the buyer should have known how it was zoned then. As stated on occasions previous, there are some duplexes near this area that are somewhat less than pleasant to look at. Since this area is a sort of "gateway" to our neighborhood, I would not want to have any more duplexes added only to detract further. I can only assume that this will happen because of the way that the grass has grown overly tall and trash allowed to accumulate, even through we have a city ordinance prohibiting it. How are we to believe that this proposed duplex would be any different than others in the area, when we can see how the vacant lots have been cared for. This is our neighborhood and we do care about it. I plead with Council to deny this request, and to also see that this and other properties around this area be brought into and kept in compliance with our city ordinances. Thanks you for your time in this matter this time. Until we do it again the next time, I remain, Very truly yours." No one else appeared, and the public hearing was declared closed. After discussion, a motion was made by Councilman Bell, seconded by Mayor Clifford authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling Distract No. 2 (SF -2) to a Two - Family Dwelling District (2F) on Lot 2, Block 10, of the Town North Addition being numbered in the 2900 Block of Kessler. The motion carried 5 ayes, 1 nay, Councilman Hunt voting nay. City Attorney Haynes presented the following petition for rezoning: Bobby Smallwood, Lot 1, Block A of the Townwood Estates, from Agricultural District to Office District; Robert Joe Johns, Lot 5B, City Block 259, from Single Family District No. 2 to Planned Development B District; Robert Joe Johns, Lots 1, 2, and 3, Block A of the Ridgecrest Addition, from Single Family Dwelling District No. 2 to Two Family Dwelling District. Mayor Clifford referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting January 2, 1995, and before the City Council December 4, 1995. There being no further business, the e i adjour ERIC S. C FFORD, MAYOR ATTEST: MAT IE CUN INGHAM, CITY ERK 664 MINUTES OF THE REGULAR MEETING OF THE - PLANNING AND ZONING COMMISSION Monday, December 4, 1995 The Planning and Zoning Commission met Monday, December 4, 1995 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Eva Flenniken 2. Nadine Ausbie 5. Louis Yates 3. Curtis Fendley Earl Smith, City Engineer was also present. The meeting was called to order by Reeves Hayter at 5:40 P.M. The minutes of the November 6, 1995 meetings were approved with a motion by Curtis Fendley. The motion was seconded by Nadine Ausbie and carried with a vote of 5 ayes and 0 nays. 1. Public Hearing to consider the petition of Bob McCarley for a change in zoning from a Single Family Two Dwelling District (SF -2) to a Commercial District (C) on Lot 4 C, City r-- Block 287 located in the 4800 Block of S.E. Loop 286. The public hearing was declared opened. Bob McCarley of 560 S.E. 33rd addressed the Planning and Zoning and requested his petition be tabled and rescheduled for January. J.D. McLaughlin of 38 N.W. 1st submitted a petition signed by home owners that are objecting to the rezoning request. Dr. Carpenter of 3530 Audubon presented an aerial photo of the property. No one else spoke and the public hearing was declared closed. A motion to table until the January meeting was made by Curtis Fendley and seconded by Nadine Ausbie. The motion carried by a vote of 5 ayes and 0 nay. 2. Public Hearing to consider the petition of Rayburn Bell for a change in zoning from a Single Family Two welling District (SF -2) to a Commercial District (C) on Lots 4B, 5 and 6, City Block 346cated at 4100 Block of Jefferson Road. The public hearing was declared opened. A motion to excuse Eva Flenniken was made by Curtis Fendley and seconded by Louis Yates. The motion carried by a vote of 4 ayes and 0 nays. John Bell, 2300 Clarksville, representing father Rayburn wants to locate a convenience store at this location. 6 `6 Earl Smith informed Planning and Zoning of 1 phone call he had received. No one spoke in opposition. No one else spoke and the public hearing was declared closed. A motion to approve zoning as General Retail with a specific use (49) Auto Fuel Sales was made _ by Nadine Ausbie and seconded by Curtis Fendley. The motion carried by a vote of 4 ayes and 0 nays. A motion to return Eve Flenniken to the meeting was made by Nadine Ausbie and seconded by Curtis Feendley. Motion carried by a vote of 4 ayes and 0 nays. 3. Public Hearing to consider the petition of Sammy Bolton for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (49) Auto Fuel Sales on Lot 11, City Block 315, located at the 4000 Block of Lamar. The public hearing was declared open. Sammy Bolton appeared before the Planning and Zoning requesting a convenience store with auto fuel sales. There was no opposition and the public hearing was declared closed. A motion to approve was made by Louis Yates and seconded by Curtis Fendley. The motion carried by a vote of 5 ayes and 0 nays. 4. Public Hearing to consider the petition of Teddy Smothermon for a change in zoning from _ a Single Family Two Dwelling District (SF -2) to a Two Family Dwelling District (2F) on Lot 2 Block 10, of the Town North Addition, located at the 2900 Block of Kessler. Teddy Smothermon addressed the Planning and Zoning with a request a change in zoning in order . to build a duplex. Mr. Smothermon made mention of many duplexes in the vicinity. Richard Manning, 2965 Cypress Dr., submitted a petition of residents opposed to the duplex citing this would create more traffic problems. There was no one else to speak and the public hearing was declared closed. A motion to approve was made by Curtis Fendley and seconded by Louis Yates. The motion failed by a vote of 2 ayes and 3 nays. The meeting was adjourned at 6 :17 p.m. Earl S 'th 6616 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 11, 1995 The City Council of the City of Paris met in regular session, Monday, December 11, 1995, 5 :00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Eric S. Clifford called the meeting to order with the following Councilmembers present: Charles Fulbright, Alan R. Boyd, Richard Hunt, Charles H. Neeley, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Police Chief, Karl Louis. Mayor Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in complinace with the Open Meeting Law. Mayor Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions, and the minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation, and Paris Lamar County Board of Health had been presented with no action being required. City Manager Malone called for consideration of and action on permits for aeronautical activities at Cox Field Airport as recommended by the Airport Advisory Board: A. John Gann Maintenance Air Frame, Maintenance Power Plant. B. Stephen Ag Air Inc. C. J -R Aviation D. Jimmy Wrenn E. Bill Booth Agricultural Operations. Sale of Aviation Petroleum Products. Aircraft Rental. Maintenance Air Frame. Maintenance Power Plant. Maintenance Air Frame Maintenance Power Plant. Pilot Training. Maintenance Air Frame. Maintenance Power Plant. Aircraft Rental. A motion was made by Councilman Fulbright for approval of the above listed permits for aeronautical activities at Cox Field Airport. the motion was seconded by Councilman Hunt, and carried 7 ayes, 0 nays. Under personal appearances, Mr. William Conder, 404 4th N. W. came forward requesting information concerning the water billing system at Cox Field Airport, and consultant services furnished by Reed Stowe & Company in 1993 and 1994. Mr. Conder said he had questions to ask regarding both of these items both concerning water billing, and the reason he wanted to ask these questions is he wants to try to make a case for doing a couple of things differently. Mr. Conder said a number of people including himself have asked the City Council to try to ease the burden on the elderly of the City of Paris as far as the water bills are concerned, and the bottom line has usually been, "well we are giving them a lifeline rate, and we wish we could do more, but state law won't allow us to be any more flexible, and basically our hands are tied ". Mr. Conder addressed Mayor Clifford stated that he understands that he maintains an apartment at his hangar at Cox Field. Mayor Clifford told Mr. Conder that he has an apartment and a shop in his hangar. Mr. Conder wanted to know how much of this calendar year did he live in that apartment. Mayor Clifford told Mr. Conder that he probably lived there six to six and one -half months. Mr. Conder told the Council that back in April he checked with Finance to see how many water meters that were at Cox Field, and the Finance Office said there were two one goes to Mr. Townes hangar and the other is Cox Field's water meter. Mr. Conder wanted to know if this water for the apartment coming off of Cox Field's meter? Mayor Clifford answered that all the water out there except for Townes comes off the Lamar County as there is no city water at Cox Field. Mr. Conder said that he put in a request on October 10th for a record of payment that Mayor Clifford had made for water used during 1995, and Mr. Anderson found one payment of $250.00 made in April of this year. Mayor Clifford advised Mr. Conder that the payment for the city water bill for a month averages at Cox Field is $40.00, and the record shows that he has paid somewhere around 60% of the water bill for the entire airport at any time that he has been out there. City Manager Malone said he has clarified that in 1995 through October the total bill to the City for water at the Airport was $515.35, and Mayor Clifford has paid $250.00 which at that point in time represents 48.51 %. City Manager Malone presented information to Mr. Conder and the Council on the background and operation of the Airport. City Manager Malone in answer to Mr. Conder's questions relating to Reed and Stowe charges for the water and wastewater study. t � • Mr. Conder stated that at the hearing that was held at the Municipal Court Building in September several citizens asked why do we have to call in a consultant to study and advise the City on the water rates, and you said that industry used their own consultants when it come to water rates and they required the city to get consultants. Mr. Conder told the Council that he requested the record of payments that we made to Reed and Stowe in the calendar year 1993 and 1994. Mr. Conder said Mr. Anderson has broken this down - $12,258.91 on Campbell Soup negotiations, $1,333.99 on other industry negotiations, and an addition $30,784.13 for the water and wastewater rate study, and his question was - that we had spent $1,350.00 approximately on negotiations with industry on water, and wanted to know what is industry concern with residential water rates? City Manager Malone responded that the basic water and wastewater rates study was $30,784.13 that would be divided into two parts one -half being applied to water and one -half to the wastewater, and explained that there are different classes of customers defined by where they take water on the system and what they discharge into the wastewater system. City Manager Malone said the City has a number of contracts with some or the city's corporate citizens such as Campbell Soup's water contract, and Merico's wastewater contract. There are various reasons for that, Merico put a million dollars into the building of some of the wastewater facilities a number of year ago, and that is an extremely complex contract that was developed, but the city has an obligation under some of these contracts to have outside rate consultants do a study to apportion the cost of water and wastewater services through the individual customer classes. Industry has their own consultants or in house person in addition to these consultants that look at that. City Manager Malone explained that the customers pay their share of the cost of the rate study so that all of the $30,000.00 plus cost is not apportioned out and paid for by the residential customers, their cost factor is assigned to the various industrial customers for their share of the rate study. City Manager Malone said one of the things that he might recognize is if a person would think about it, there is a number of industries in Paris that have been here in excess of thirty years, and throughout the years different plants make different investments in their plants some maintain their facilities more than others, and we do not know what the life of any of these plants may be. City Manager Malone said a portion of the monies that was identified as being spent in the response that you were given was involved in negotiations and a study that went into the crafting of a contract with Campbell Soup separate and apart from our water contract which involved consideration given by the City through its Economic Development Corporation to building of a road in exchange for financial guarantees should the production of the plant fall below certain levels which will protect all of the residential rate payers from picking up the slack should they go below certain levels of productivity there by not purchasing the water and there by not helping pay the debt service. City Manager Malone explained that the City can not set the residential rates without regard to the industrial rates, it all has to be looked at as one rate study. The City can not set the residential based on a C_ C whim or desire because we are in the business of providing water and wastewater services at cost then to the customer class, so the whole thing is a whole and is divided up in separate components, different customers use different parts, volume in the system pressure, and the size of lines, so it is very complex. City Manager Malone said to answer Mr. Conder's question, if there were no industry in Paris at all, we would be able to set rates without the use of consultants; although, when you use an outside consultant who methodology is accepted, and who is standing there to defend us in court, it is certainly a benefit to all the customers. Don Holladay, 5 East Plaza, appeared before the Council stating that his first question is regarding the use of oil and gravel and putting a topping on the current or existing street as opposed to using asphalt. Mr. Holladay pointed out the hazards that is created by this, a vehicle going up and down the street is unable to stop because of the loose gravel that is there, your vehicle is going to slide more, should a small child or an animal cross the street, and your danger there is the child or animal could be hit and; of course, it creates a lot of unnecessary problems with just the regular take -off and starting because of the loose gravel creates a spinning of wheels along with sliding of wheels when you go to stop. The loose gravel damages the cars undercoating and makes them much less attractive, and the potential of getting you window glasses chipped. Mr. Holladay pointed out the fact that the City could have a greater liability for which the City could be held.liable for by continuing to create or allow that situation to continue, and he just did not see anyway that it is effective, and you have the cost for purchasing the oil and gravel the man hours to take it out and spread it, and the use of the city vehicles. Mr. Holladay said after it has been down for a while you have a street sweeper that goes out and sweeps up the gravel that did not stick. Mr. Holiday pointed out the dust problems that is created by the gravel, and his question was what is the benefit to this particular method over applying a smooth asphalt street for all the street opposed to part of the streets? Mr. Holladay said that there seems to be a large number of special council meetings, and he does not understand why, and it would seem to him that whenever an agenda is completed it could be done so that if there is a second hearing required on a matter that it could be held at the next regularly scheduled council meeting. City Manager Malone said to answer Mr. Holladay's second question - there has been eight (8) special meeting in 1995, and advised that the City try's to keep the number of council meetings down as much as they could because there is a lot of staff time and work goes into the preparation for a council meeting and agendas. The primary answer to the question is that we have special meeting often to benefit the citizens who has some time frame they are trying to meet, and looking back over this period January 17th there was a special meeting we had zoning taking place in the Ridgecrest Addition, there had been a meeting and some of the residence that was present at the meeting complained that they did not get notice, we call this special meeting and sent all those residence additional notices and allowed them to V!0 come present their concerns about the change in zoning in their neighborhood then reconsidered the ordinance. In January 26, 1995 in order to meet a deadline of a grant application, we had a special meeting. City Manager Malone said three of the eight related to the requirements in state law to meet for the purpose of budgeting for the City of Paris, the other five were held for the benefits of the citizens. City Manager Malone said regarding the question on streets which is a program (chip sealing program) is used by the State of Texas, and most cities in the state that have asphalt type streets use the chip sealing program which is a maintenance program to maintain the base that we already have. The Street Department each year continue to operate the street sealing program, and the program consists of blade leveling, chip sealing of approximately 15 miles of asphalt streets annually, and this is just a maintenance procedure to insure that the stability of the street surface and base until as such time that the funding is available to do an overlay program. City Manager Malone advised that he was hired as City Manager in 1986 and in 1987 he got together with city staff and officials and realized that the street maintenance method that was being used was not as effective and serving the over all needs of the public and they devised a plan. City Manager Malone said that Mr. B. A. Huddleston, Public Works Director was instrumental in getting the hotmix overlay program up and running, but it is not advisable to put hotmix overlay on a street that does not have sufficient base to hold it up. City Manager Malone said the city is starting a program to upgrade gravel streets by the introduction of oil, building an oil and soil street with a seal coat which will eventually be the base to be strengthen to the point that hotmix overlay will be placed on it. City Manager Malone told Mr. Holladay and the Council that the city has more liability in his opinion if a street is allowed to deteriorate to the point where you have large pot holes that can damage a vehicle, and pointed out that what the city is doing is leveling, shapeing, adding to the base, fill the cracks, and then the chip seal, the chips are placed on top of that to prevent the emulsified asphalt from getting on the cars and providing smooth surface. City Manager Malone said what the city wants to do is a certain amount chips on the street and let the traffic on to the street to help roll it down and as soon as the street sweeper can come by, it sweeps up all the gravel. At this point, City Manager Malone presented a map of the City showing different colored lines representing streets that have been overlayed since 1987. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Articles II and III of Section 24 of the Code of Ordinances governing itinerant and temporary vendors, and advised the Council that this was placed on the agenda at the request from a committee of the Chamber of Commerce, a comparison of the existing and requested changes has been furnished to them. City Manager Malone said it would appear that the Mayor may wish to appoint a Council Committee to work with this request or the staff to review the same and make recommendations. 671 A motion was made by Councilman Bell, seconded by Councilman Hunt for preparation of an ordinance amending Articles II and III of Section 24 of the Code of Ordinances governing itinerant and temporary vendors. The motion carried 7 ayes, 0 nays. Mayor Clifford appointed Councilman Boyd, Councilman Hunt, and Councilman Jenkins as a committee to study the requested amendments, and further requested they bring back a recommendation to the Council. ORDINANCE NO. 95 -054 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) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES ON LOTS 4B, 5 AND 6, CITY BLOCK 346, ON PROPERTY BELONGING TO RAYBURN BELL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AND EFFECTIVE DATE OF JANUARY 1, 1996 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Neeley for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -055 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) WITH SPECIFIC USE PERMIT(49) AUTO FUEL SALES ON LOT 119 CITY BLOCK 315, ON PROPERTY BELONGING TO SAMMY BOLTON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALESS SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1996 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Boyd for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 95 -056 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 LOT 2, BLOCK 10, TOWN NORTH ADDITION, ON PROPERTY BELONGING TO RODGER PRICE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT (SF -2); DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF 672 ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1996 was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays City Manager Malone called for the tabulation of bids for furnishing and delivery of portable radios for the Police Department, and the following bids were presented: Airwaves of Paris $2,728.00 Teletouch of Longview $2,340.00 Inter - County Communications $3,940.00 A motion was made by Councilman Boyd, seconded by Councilman Bell to award the bid to Teletouch of Longview in the amount of $2,340.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulation of bids for furnishing and delivery of ammunition for the Paris Police Department, and the following bids were presented: Ultra Max Ammunition Black Hills Ammunition $7,214.00 $6,909.50 A motion was made by Councilman Boyd, seconded by Councilman Bell to award the bid to Ultra Max Ammunition in the amount of $7,214.00 as the low bidder did not meet specifications. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of ballistic vests for the Paris Police Department, and the following bids were received: Pro Tech Armor $2,810.00 C &G Police Supply $2,475.00 Texas State Distributors $2,970.00 G -T Distributors of Austin $2,366.00 City Manager Malone advised that the Police Chief has recommended that the bid of C & G Police Supply and G.T. Distributors meets the specifications, but the do not provide the same area coverage as do the Pro Tech, and it was his recommendation that Pro Tech be awarded the bid in the amount of $2,810.00. This amount is $410.00 more than the budget amount, but with the extra $1,000.00 saved on the ballistic shield, it could be applied to this bid. A motion was made by Councilman Neeley to award the bid to G -T Distributors of Austin in the amount of $1,334.89. Police Chief, Karl Louis came forward explaining the difference is that ProTech has a collar that comes all the way around the front of the throat the others do not they stop in the back and give no coverage to V I V the officers who is making an entry, and you have no ballistic coverage on the front of the neck like the ProTech, it is something if you would like for us to do, we can go back and ask those companies if they have a vest like that, but I assumed by the specifications that we gave out, they would respond that way. We asked for a ballistic, and not a full wrap around collar probably, but the photographs they gave us did not show this. After discussion, Councilman Neeley withdrew is motion. After additional discussion, a motion was made by Councilman Fulbright to reject all bids. The motion was seconded by Councilman Boyd, and carried 7 ayes, 0 nays. Resolution No. 95 -126, appointing Melba Pye Harris, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris for a term of three years beginning January 1, 1996, was presented. A motion was made by Councilman Boyd, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO'. 95 -126 WHEREAS, the term of office of Melba Pye Harris, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris, will expire on December 31, 1995; and, WHEREAS, the City Manager of the City of Paris,- Michael E. Malone, in accordance with the authority granted in Section 143.006(b) of the Local Government Code, has reappointed Melba Pye Harris for a term of three (3) years, beginning January 1, 1996, and ending December 31, 1998, and has submitted the name of such person to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Melba Pye Harris, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1996, and ending December 31, 1998, be, and the same is hereby, confirmed. PASSED AND ADOPTED this 11th day of December, 1995. ATTEST: Mattie Cunningham, City Cl k Resolution No. Paris and the Prentis Ellis reappointed to Board of Health presented. A Councilman Hunt ayes, 0 nays. Eric S. Clifford, Mayor 95 -127, resolving by the City Council of the City of Commissioners Court of the County of Lamar, that Mrs. and Dr. Robert Moseley be, and they are hereby, serve as members of the Paris Lamar County Advisory for a term of two years beginning January 1, 1996, was motion was made by Councilman Neeley, seconded by for approval of the resolution. The motion carried 7 C r 70 5 RESOLUTION NO. gs -i n JOINT RESOLUTION NO. WHEREAS, the terms of office of Mrs. Prentis Ellis and Dr. Robert Moseley, as members of the Paris -Lamar County Advisory Board of Health, will expire on December 31, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, with the advice of the County Judge of Lamar County, Texas, does hereby recommend the reappointment of Mrs. Prentis Ellis and Dr. Robert Moseley for terms of two (2) years, beginning January 1, 1996, and ending December 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE COMMISSIONERS COURT OF THE COUNTY OF LAMAR, that Mrs. Prentis Ellis and Dr. Robert Moseley be, and they are hereby, reappointed to serve as members of the Paris - Lamar County Advisory Board of Health for terms of two (2) years, beginning January 1, 1996, and ending December 31, 1997. PASSED AND ADOPTED this ATTEST: Mattie Cunningham, City Cle APPROVED AS TO FORM: T. K. Haynes, City Attorney 11th day of Dece r, 19 Eric 8. Clifford, Mayor APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 19_, as reflected in Book , Page . of the Minutes of said Commissioners Court. M. C. Superville, Jr., County Judge Lamar County, Texas ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney Resolution No. 95 -128, reappointing Alan Boyd Visitors and Convention Council of the Chamber County, for a term of two years, beginning presented. A motion was made by Councilman Councilman Neeley for approval of the resolution. ayes, nays. as a member of the of Commerce of Lamar January 1, 1996, was Jenkins, seconded by The motion carried 7 67 RESOLUTION NO. _95-128 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 95 -100, on the 11th day of September, 1995, authorize the execution of a contract with the Chamber of Commerce of Lamar County, Inc. providing for the use of hotel occupancy tax funds to promote and advertise the City of Paris; and, WHEREAS, the Chamber of Commerce maintains the Visitors and Convention Council to carry out its contractual obligations to administer the use of said hotel occupancy tax funds; and, WHEREAS, the Mayor, the one Council Member herein appointed, and the City Manager are full, voting members of the Visitors and Convention Council; and, WHEREAS, the term of office of Council Member Alan Boyd, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, will expire on December 31, 1995; and, WHEREAS, the Mayor of the City of Paris, Eric S. Clifford, has reappointed Alan Boyd for a term of two (2) years, beginning January 1, 1996, and ending December 31, 1997, and has submitted the name of such person to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the reappointment of Alan Boyd, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, for a term of two (2) years, beginning January 1, 1996, and ending December 31, 1997, be, and the same is hereby, confirmed. PASSED AND ADOPTED this 11th day of December, 1995. <Eri . ATTEST: Mattie Cunningham, City Clerk APPR VED FORM: T. K. Haynes, Ci ttorney Resolution No. 95 -129, authorizing an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for a Texas Narcotic Control Program, Regional Controlled Substance Apprehensive Program, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds totaling $357,247.00, and 25% local matching funds totaling $119,088.00 divided between five entities with the City of Paris' share of matching funds being $23,817.60, was presented. A motion was made by Councilman Hunt, seconded by Councilman Boyd for approval of the resolution. The motion carried 7 ayes, 0 nays. 677 RESOLUTION NO. 95 -129 WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), Regional Controlled Substance Apprehension Program, and the Criminal Justice Division, Office of the Governor has been designated to administer the program in the form of grants to units of government; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance which will focus on drug law enforcement; and, WHEREAS, if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $357,247.00 and 25 % local matching funds totaling $119,088.00 divided between five entities with the City of Paris' share of matching funds being $23,817.60; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for the Texas Narcotics Control Program, Regional Controlled Substance Apprehension Program, and if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $357,247.00 and 25 % local matching funds totaling $119,088.00 divided between five entities with the City of Paris' share of matching funds being $23,817.60. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, Chief, Paris Police Department, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of said project. PASSED AND ADOPTED this 11th day c ATTEST: Nlae'tie Cunningham, City rk AFPR VED FORM: T. K. aynes, Ci Attorney 678 APPLICATION FOR GRANT FUNDING CRIMINAL JUSTICE DIVISION, OFFICE OF THE GOVERNOR Date Submitted 3. Date Received by COGlCJD (applicant (save blank) 12 -11 -9 2, JG to which application is submitted: 4. COG Application Identifier (applicant leave wank) RK-TEX COG 5.7' )plicant Information a. Legal name of agency applying: c. Division or unit within applicant organization to administer grant: GUY o f Paris b. Address (give street or P. O. Box, city, state, and zip code) d. Name, telephone, and fax number of the person who can answer questions concerning this application (give area code). P.O. Box 9037 W. E. Anderson (903) 785 -7511 Ext. 241 Paris, Texas 75461 -9037 (903) 785-8519 Fax 6. State Payee Identification Number 7. Type of Applicant (enter the appropriate lelterin box) ID C 1- 7560006359000 A. Slate Agency H. Stale College or University B. County 1. Private College or University 8.a. Type of Application: C. Municipality J. Indian Tribe O New Q Continuation » . ............» ».....» ..... »... » ».................. » ».....» ... » ». » »....» ».»... ». D. Township K. Nonprofit Organization E. Special Dist ict L. Regional Council of Govemmenls 8.b. If continuation, complete the following: F. Educational Service Center M. Other (speciry):�_ Year of funding for this application (check one): G. Independent School District 0 Year 2 0 Year 3 0 Year 4 0 Year 5 gi Year _$_ 9. Name of Grantor Agency. CurrentGranttf DB - 95 = R07 - 083-71 Office of the Governor, Criminal Justice Division P. O. Box 12428 Austin, Texas 78711 10. Application for. 11 a. Geographic Areas of Project Activities (Cities and Counties) • State Criminal Justice Planning Fund (sate) - • Crime Stoppers Assistance Fund (sate) • Juvenile Justice and Delinquency Prevention Act (redemQ CFDA- 16.540 City of Paris Red River County • Title V Delinquency Prevention Fund pederall cFDAa6.548 City of Bonham Fannin County O;^ims of Crime Act Fund (rederaq CFDA- 16.575 Lamar County IRj as Narcotics Control Program (rederal) CFDA -laws 11 b. County where project is based: Q_ .11 l Intensity Drug Trafficking Area Program (tederaq CFDA- 16.AAD • Safe and Drug -Free Schools and Communities Act (rederal) cFDA.at.1e6 13. Proposed Project: • Violence Against Women Act QederaQ CFDA- 16.588 a. Start Date: b. Ending Date: • Other 14. Are the activities proposed in this application 100% juvenile - related? 12. Title of Project Regional Controlled Substance O Yes Q No Apprehension Program 15. Requested Funding: 16. If project Is statewide, on what date was a copy of the application submitted for TRAC review? a. Federal Grant $ 357, 247.00 Funds(CJD) (date) b. State Grant $ ,00 Funds (CJD) If project is local, submission of application to regional council of governments c, Cash Match 119, 088.00 xx satisfies the requirement for TRACS review. d.ln -Kind (VOCA a Title V Only) S -00 476, 335.00 17. Is the applicant delinquent on any federal debt? p YES If "Yes; attach an explanation 0 NO e. TOTAL 1 a. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing '—dy of the applicant and the applicant will comply with the attached assurances if the assistance Is awarded. Name Authorized Official »» » ». b. Title ». — »...... » »—. »» —= c. Telephone Number a.i : , 'ed of i Michael E. Malone City Manaler ` ; e. Date Signed d. Signature of Authorized Official j ' 12 -11 -95 Resolution No. 95 -130, designating Thomas E. Haynes as City of Paris' liaison person for communication with the Texas Department of Commerce regarding the Texas Enterprise Zone Program, was presented. A motion was made by Councilman Hunt, seconded by Councilman Boyd for approval of the resolution. The motion carried 7 ayes, 0 nays. 679 RESOLUTION NO. 9_ WHEREAS, the City Council of the City of Paris did in Resolution No. 89 -023 dated March 13, 1989, which designated an enterprize zone in the City of with the appoint Joe McCollum as the City's liaison person for c y of Commerce; and, WHEREAS, due to the resignation of Joe McCollum, a replacement with the Texas appointed to serve as City of Paris liaison person for communication Department of Commerce; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Thomas E. Haynes, be, and he is hereby, designated erce regarding the Texas Enterprise communication with the Texas Department of C g Zone Program. PASSED AND ADOPTED this 11th day of December, Eric S. Clifford, Mayor ATTEST: Mattie C►mningham, City Cie APPROVED AS O FORM: T. K. Haynes, City Attorney Resolution No. 95 -131, calling a Special Meeting of the City Council scheduled on Tuesday, January 2, 1996 at 5:15 P. M. to consider the adoption of an ordinance annexing certain territory which include! approximately 20.32 acres on U. S. Highway 271 North owned by Campbel " Soup Company and leased to Tenaska III Texas Partners, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. - RESOLUTION NO. 95 -131 WHEREAS, the City Council of the City of Paris received a request on November 13, 1995, to delay until after January 1, 1996, the adoption of an ordinance annexing -- certain territory which included approximately 20.32 acres on U. S. Highway 271 North, owned by Campbell Soup Company and leased to Tenaska III Texas Partners; and, WHEREAS, in accordance with the annexation schedule, the last day the annexation ordinance can be finally adopted is January 3, 1995; and, WHEREAS, it is in the best interest of the citizens of Paris that this annexation be adopted within the time frame of the existing schedule in order that the preliminary work be saved from duplication, and a special meeting should be scheduled on January 2, 1996, at 5:15 p.m., to consider the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that a Special Meeting be scheduled on Tuesday, January 2, 1996, at 5:15 o'clock p.m.; and, BE IT FURTHER RESOLVED, that a copy of this Resolution be placed on the City Hall Bulletin Board giving notice of the scheduling of the Special Council meeting on Tuesday, January 2, 1996, and that the news media be informed of the scheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 1 ith day of December Eric S. Clifford, Mayor ATTEST: J Mattie Cunningham, City C rk APPROVED AS 6 8 1. City Attorney Haynes reported that in the Paris News on December 7, 1995, there was a new article which appeared to be written by Mr. Mike Graxiola, and in the article there were quotes that he brought to the attention of the public from me in times past one of which on May 17, 1979 as follows: "both Greene and Haynes said their dismissal was not unusual during personnel phases of budget meetings when their offices are being discussed" then later in the article he said " that in fact in an article that appeared in October 8, 1986, the City Attorney said the Charter states that all meetings will be held in public" and there are three dots and there is something missing. The only meetings that the Council may hold in private he said must deal with pending claims or law suites. City Attorney Haynes stated that he feels that this misleads the public and a person that would read that would think that may be he just changed his mind because of some whim when as a matter of fact the case of Shackerford vs City of Abilene was decided on July 18, 1979 which changed the law in the State of Texas concerning people with Charter like the City of Paris, now then, just prior to that date the Law in the State of Texas as confirmed by that same state before it was reversed at the Supreme Court level, stated that the opinion given by Haynes back on May 17, 1979 was the law of the State of Texas, it changed right after that quote. City Attorney Haynes said it was sometime after this case was published before it was brought to our attention, at which time the Council was informed about what the case had done, and after that case, then the law of the State of Texas was amended to read in the Open Meeting Act unless you have a Charter provision of the contrary was added, but prior to that time that was not in the law of the State of Texas. City Manager Malone reported that the City has notified our water and sewer customers that as a home rule city with a city charter adopted in 1948 that over the years there has been a number of changes in the state law and several state and federal court decisions that have changed the way our city operates, and sometime ago the City Council asked the staff to make recommendations to update the City Charter. City Manager Malone said there has been twelve propositions presented. The City Council has called an election to be held on Saturday, January 20, 1996 and on that day all registered voters who lives within the city limits of Paris may vote to update our city charter. City Manager Malone said in compliance with our charter, the City of Paris is furnished each register voter by mail six pages of detailed information about the proposed charter amendments. City Manager Malone also advised there will be a public hearing Tuesday, January 16, 1995, at 6:00 P. M., Paris and Lamar County Fair Grounds Community Exhibit Building, located at the corner of 6th Street N. E. and Center Street, on the charter amendments in order to answer any questions the public might have. City Manager Malone announced that the next item on the agenda was a closed and confidential executive session to discuss with the attorney pending litigation and to secure and an opinion on law or legal services as follows: Terry Wayne Corprew v. City of Paris, et al; Civil Action No. 3:95CV54, In the United States District Court, Eastern District of Texas, Paris Division. At 7:50 P. M. Mayor Clifford declared the regular session closed, and the executive session open. At 8:05 P. M. Mayor Clifford declared the executives session closed, and the Council went back into regular session. There being no further business, the meeting adjourned. ATTEST: MATTIE CUNNINGHAM, CITY C ERK ERIC S. CLIFFORD, MAYOR