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1983
J J MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL January 10, 1983 The City Council of the City of Paris met in regular session, Monday, January 10, 1983 at 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G. Wilson, George Fisher, Jr., Larry McGee, Gene McWaters, Jr., and Walter F. Williams. Also present were H. C. Greene, Acting City Manager, T. K. Haynes, City Attorney, and Joe McCollum, Act- ing City Clerk. Prayer was offered by Mayor Pro -Tem, Walter F. Williams. Mayor Graham asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. Mayor Graham announced the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Graham declared the public hearing open on the petition of Jimmy R. Slayden for a change in zoning from a One Family Dwelling District No. 2 to a General Retail District (GR) on Lot 5, City Block 286 located at 2859 Lamar Avenue. Mayor Graham called for proponents to appear and Mr. Slayden was present to answer any questions. Mayor Graham called for opponents to appear and no one appeared and the public hearing was declared closed. ORDINANCE NO. 24645 —s -cool AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON LOT 5, CITY BLOCK 286, ON PROPERTY BELONGING TO JIMMY R SLAYDEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Fisher seconded by Councilman Williams for approval of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Francis Kreais for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 8, City Block 220 -A located at 1920 Pine Bluff Street. There was no one present to speak for or against the requested change, and Mayor Graham declared the public hearing closed and reminded the Council that the Planning and Zoning Commission had recommended denial of the change. I{ ,.J 1 ORDINANCE NO. fj.J�a AN ORDINANCE AMENDING ZONING ORDINANGE 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 8, CITY BLOCK 220 -A ON PROPERTY BELONGING TO FRANCIS KREAIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED. was presented. A motion was made by Councilman McGee to deny the Ordinance. Councilman Wilson seconded the motion which carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Charles M. Dewitt and Catherine Dewitt Bramlett for a change in zoning from a One Family Dwelling Distirct No. 2 (SF -2) to a Neighborhood Service District on Lot 6, City Block 311 located at 3320 Clarksville Street. Mayor Graham called for proponents to appear and none appeared. Thomas Steely, 3390 Clarksville Street and Travis Dodd, 1185 34th S. E. was present in opposition to the change. Mayor Graham declared the public hearing closed and reminded the Council that the Planning and Zoning Commission had denied the request. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 O-F 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 311, ON PROPERTY BELONGING TO CHARLES M. DEWITT AND CATHERINE DEWITT BRAMLETT, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGN- ATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson to deny the. Ordinance. Councilman McGee seconded the motion which carried 6 ayes, l nay, Councilman McWaters voting nay. Mayor Graham declared the public hearing open on the petition of Nathan Bell for Site Plan approval in a Planned Development Housing District on Lots 4A through 4I, City Block 286 located on the South- east corner of N. Collegiate Drive and E. Price Street. William Hagood, representing Nathan Bell, presented the Site Plan which provided for a 66 unit apartment complex. Questions concerning the extension and widening of Collegiate Drive was discussed and Mr. McCollum advised the Council that available information indicated no conflict with the development and Collegiate Drive widening. No,one was present in opposition to the Site Plan and the public hearing was declared closed. v -R:t• ` L } 't ORDINANCE NO. 266 S3 •0oa, AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2004 WHICH AMENDED ZONING j ORDINANCE NO. 1710 OF THE CITY OF PARIS, PROVIDING FOR THE APPROVAL OF A SITE PLAN; HEREWITH;.AND ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 10, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Francis for approval of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of 31 properties for a change in zoning from a One Family Dwelling District No. 3 to a Commercial District on part of Lot 3, City Block 266 located on the south side of Loop 286 N. E. between Clement Road and Ballard Drive. J. D. McLaughlin appeared before the Council and spoke in favor of the petition, pointing out the Commercial nature of the tract and surrounding properties. There was no one present to speak for or- against the petition and Mayor Graham declared the public hearing. closed. ORDINANCE NO. 2 -66-9- S�5 - ©0tt AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON PART OF LOT 3, CITY BLOCK 266, ON PROPERTY BELONGING TO 31 PROPERTIES, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for approval of the Ordinance. The motion carried 7 ayes, 0 nays. The replat of Lot 1, City Block 257 -C was presented by Mr. McCollum. A motion was made by Councilman Wilson, seconded by Councilman Fisher for approval of the replat. The motion carried 7 ayes, 0 nays. The replat of Lot 16A, City Block 84 was presented by Mr. McCollum and following discussion, a motion was made by Councilman McWaters for approval. Councilman Williams seconded the motion which carried 7 ayes, 0 nays. The replat of Lot 3, City Block 323 was presented by Mc. McCollum who explained that most of the deep, narrow lots were outside the City limits and called for 3 residential buildings lots with access to Highway 79 by way of a 30' easement. The Council questioned the advisability of the 30' easement as the means of access and felt action should be tabled to allow the land owners to look at the possibility of a standard street or a wider easement. Councilman McGee made the motion to table. Councilman McWaters seconded the motion which carried 7 ayes, 0 nays. . ?r 9 (t ?s . � yr City Attorney Haynes presented the following zoning referrals: Eugene Lancaster, Lot 5, City Block 5, Springlake Addition from SF -2 to 2F; David Glass, two tracts off Highway 195 from SF -2 to GR and from GR & SF -2 to MF -1; Ann McKnight and Williams Vaughn 25 acre tract from A & LI to MF -1; St. Joseph's Hospital, Pt of Lot 8 & 9, City Block 4, Felts, Foct & Varner Addition from 2F to Office; Department of High- ways and Public Transportation, Lot 22, City Block 309 from A to PLI; Terrell Boyd, Lot 1, City Block 287 from SF -2 to GR; John Hutching, et al, Lots 15, 16, 17, & 18, City Block 296 from 0 & SF -2 to GR. Mayor Graham referred the zoning requests for public hearing and recommendations by the Planning and Zoning Commission February 7, 1983 and public hearing before the City Council on February 14, 1983. Mayor Graham announced the Council could next consider the renewal of the following permits for Cox Field Operations: Randall Stevens, Agricultural Operations; Paris Flight Center - Pilot Training and Leasing; Austin Ellis - Pilot Training; Roger Boxwell - Maintenance Air Frame and Power Plant; and Jim Tapley — Agricultural Operations. Councilman Fisher made a motion to renew the permits. Councilman Wilson seconded the motion which carried 7 ayes, 0 nays. Mayor Graham announced the next item was to rates on hangers at Cox Field at $75.00 per and $45.00 per month for open hangers. Fol about airport operations, a motion was made adopt the recommended hanger rental rates. the motion which carried 7 ayes, 0 nays. consider setting rental month for closed hangers lowing a general discussion by Councilman Wilson to Councilman McWaters seconded George Harris, 567 Pine Bluff, addressed the Council and requested an extension of time to make repairs to the house located at 816 East Washington Street which had been declared dilapidated and ordered to be repaired or demolished by December 15, 1982. He stated he did not receive the written notice of the December 15th deadline, but could have the repairs completed by March 15, 1983 as originally recommended by the Building Hazard Inspection Committee. Following discussion, Councilman Williams made a motion to extend the time until April 1, 1983. Councilman Wilson seconded the motion which carried 6 ayes, 1 nay, Mayor Graham voting nay.. Acting City Manager Greene presented the petition of the First Baptist Church requesting the City to abandon the South 70 feet of a 30' wide deadend alley which runs south from Kaufman Street between 3rd S. E. and 5th S. E. Councilman Fisher made a motion to refer the matter to the Planning and Zoning Commission and call for a.public hearing for the next regular Council meeting on February 14, 1983. Councilman McGee seconded the motion which carried 7 ayes, O nays. Authorization was requested by the Acting City Manager to advertise for bid proposals for City Depository for a two (2) year 'period beginning March 1, 1983. A motion was made by Councilman Wilson, seconded by Councilman Francis to authorize the request of the Acting City Manager. The motion carried 7 ayes, 0 nays. Ronnie Tidwell and Robert Glass addressed the Council and presented the Pine Creek Watershed Plan on behalf of the Lamar Soil and Water Conservation District. Mr. Tidwell outlined the basic elements of the plan and said the primary effect on the City would be the lower- ing of the Lake Crook water level by 2.5 feet. The Council requested copies of the plan for study and a motion was made by Councilman Williams to table any action on this matter. Councilman McWaters seconded the motion which carried 7 ayes, 0 nays. Acting City Manager Greene presented the request of Johnny Mills for water service outside the City Limits on F. M. Highway 79. A motion was made by Councilman Fisher, seconded by Councilman Francis to approve the request. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented a previously authorized Ordinance to disannex a 77.4 acre tract of land as requested by the Industrial Foundation. A motion was made by Councilman Williams, 'seconded by Councilman McWaters to deny the Ordinance. The motion carried 4 ayes, 3 nays. Councilman McGee, Wilson and Graham voting nay. David Glass addressed the Council at this point and requested they reconsider the matter at a future date because the land being out of the City limits would be a selling tool for the Industrial Foundation in seeking new industry. Councilman Francis brought up the matter of sidewalks and parking in the downtown area. He said that sidewalks are being obstructed by parking cars in certain areas and because it is in conjunction with old abandonded driveway openings, there is no enforcement of the Ordinance which prohibits obstructing the sidewalk. The Council spent considerable time discussing this item with the City Attorney and agreed to instruct staff to follow through on enforcement of the existing Ordinance covering the situation and report back to the Council on action taken. Acting City Manager Greene pr Engineering Battalion for use as an alternate assembly area at Camp Maxey was destroyed. due to practice maneuvers was discussion, Councilman Wilson man McGee seconded the motion Fisher voting nay. esented a request from Company C 111th of the Paris and Lamar County Fairgrounds in the event the permanant assembly area Conflict with present lease agreements discussed by the Council. Following made a motion to allow the use. Council - which carried 6 ayes, 1 nay, Councilman Mayor Graham declared the public hearing open on changes to the Facility Plan of the Inflow /Infiltration Project. John Buss, Project Director reviewed the purpose of the plan and explained the following amendments: 1. Proposes more rehabilitation of existing pumping facilities and less new construction. 2. Reduces the number of proposed interceptors north of the City. 3. Relocate the Master Lift Station. r. I 4. Reduce the amount of existing line replacement. 5. Changes the method by which some of the manhole and inflow point repairs will be undertaken. 6. Reduces the amount of line construction to serve new areas. Chuck Zickefoose, of the CRS Group Engineers, spoke concerning the modification and improvements to the Waste Water Treatment Plant which were planned. He explained the reasoning for the system change and outlined operation and maintenance of the treatment facility. There was no one in the audience who wished to speak on the matter and Mayor Graham declared the public hearing closed stating that no action was necessary at this time by the Council. Mayor Graham announced the next item was to consider a Resolution appointing Director of the Lamar County Appraisal District Board. Acting City Manager Green advised that this had been brought about by the recent death of James Dunagan, a menber of the Board. Council decided that no action should be taken at this time, pending a decision by the City of Blossom who was represented by Mr. Dunagan. S3 -w Resolution No. 2446-appointing Mrs. Ozzie Battle and Bill Davidson to terms on the Planning and Zoning Commission was presented. A motion was made by Councilman Fisher for adoption of the Resolution. Councilman McWaters seconded the motion which carried 7 ayes, 0 nays. %5 -co RESOLUTION NO. 222-3-5 WHEREAS, the terms of office of Homer Thornton and Mrs. George T. Young as members of the Planning & Zoning Commission of the City of Paris, expired on December 31, 1982; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the appointments of Ozie Battle and Bill Davidson for terms of three (3) years, beginning January 1, 1983, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointments of Ozie Battle and Bill Davidson to serve as members of the Planning & Zoning Commission of the City Paris, for terms of three (3) years, beginning January 1, 1983, and ending December 31, 1985, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 10th day of January, 1983. J e Graham, Mayor' ATTEST: +Jo-N—.(�!McCo�jlum, Acting City Clerk APPROVED AS TO ORM: T. K. aynes, elty Attorney A resolution authorizing Quit Claim to Richard B. Swint to abandon existing utility easement was presented. A motion was made by Councilman Wilson to table the item until after the executive session. Councilman Williams seconded the motion which carried 7 ayes, 0 nays. ORDINANCE NO. 464-8 %Z)-oo4 AN ORDINANCE AMENDING ORDINANCE NO. 2649, PASSED ON THE 13TH DAY OF SEPTEMBER 1982, PERMITTING TIME FOR REPAIR OF STRUCTURES OTHERWISE DECLARED DILAPIDATED AT 609 E GARRETT, -LOT 3, CITY BLOCK 93 -B BELONGING TO ROOSEVELT DIXON, PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 10, 1983. was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for approval of the Ordinance. The motion carried 7 ayes, 0 nays. Bob Vivian of the CRS Group Engineers gave a status report on the progress of the I & I Project. He stated that Treatment Plant Plans were approximately 65% complete and Sewer Project Plans were about 40% complete. He stated he felt the March 1, 1983 deadline for completion of plans would be met. Mayor Graham announced the next item .was to consider authorization of Ordinance concerning the issurance of Refunding Bonds and Escrow Agreement. Considerable discussion took place as.to how such an Ordinance would affect the City's financial picture should we fail to meet deadline requirements for plans on the sewer project and there is no need to sell new bonds. Following discussion, Councilman McWaters made a motion to authorize preparation of an Ordinance for consideration at the next meeting. Councilman McGee seconded the motion which carried 4 ayes, 3 nays, Councilman Williams, Councilman Francis, and Councilman Wilson voted nay. The Council next discussed the operation of the Waste Water Treatment Plant. Dan Brotton, Director of Public Works and Bill King, Plant Chemist reported to the Council on changes made to plant operation, the guidelines that have been implemented and the training which is being provided to plant personnel. They stated that there will always be some problems in the plant operation, but it has been in permit compliance since November 1982. A report was then given by Bill King relative to the proposed Sewer User Ordinance presently being drafted. Mr. King reviewed EPA requirements for the Ordinance stating that the Texas Department of Water Resources Model Ordinance Ordinances of other cities were being used in drafting the one proposed for Paris. He told the Council of meetings with local industrial representatives who would be most affected by the Ordinance and of the positive results of the meeting. He concluded the report saying that a preliminary draft of the Ordinance would be submitted for Council review in the near future. Mayor Graham declared the regular session closed and the executive session open. The Council discussed legal matters with'the City Attorney, and Mayor Graham declared the executive session closed and the regular session open. Councilman Fisher made a motion to bring from the table the resolution pertaining to the Quit Claim of an easement to Richard B. Swint. Council- man Wilson seconded the motion which carried 7 ayes 0 nays. $Z5 - (Z o *)- Resolution No. 92-36 authorizing Quit Claim to Richard abandon an existing utility easement was presented. A by Councilman Fisher, seconded by Councilman McGee for Resolution. The motion carried 7 ayes, 0 nays. T,I B.. Swint to motion was made adoption of the %-5 - ©o D. RESOLUTION 11O. 24-3-6 WHEREAS, the City.of Paris did heretofore in 1952 procure an easement for the purpose of constructing a main interceptor line from the City of Paris to the Camp Maxey Sewer Treatment Plant; and, WHEREAS, a portion of said easement crossing land currently owned by Richard B. Swint and wife, Susan B. Swint has been replaced with a line constructed upon an easement from Richard B. Swint and wife, Susan B. Swint to the City of.Paris, dated September 14, 1982, recorded in Book , Page , Deed Records, Lamar County, Texas, for which a part of the consideration for the same was the abandonment of the easement containing the by- passed line with the City of Paris retaining the right to use the old line for by -pass purposes when necessary for repair of the new line or construction on the new line; NOW, THEREFORE, BE IT RESOLVED BY THE CITY PARIS, That the Mayor of the Ci; and he is hereby authorized and behalf of the City of Paris the of Exhibit "A" attached hereto, approved. COUNCIL OF THE CITY OF Ly of Paris, Joe Graham, be directed to execute on Quit Claim Deed in the form said form being hereby Passed and adopted this 10th day of January, 1983. 0 1/ /V" i "_ '/' oe Graham, Mayor ATTEST: J McCollum, Acting City Clerk APPROVED AS TO•FORM: T. K Hayne , City Attorney There being no ATTEST: further business, the meeting adjourned. JOE N. MCCOLLUM, ACTING CITY CLERK JOE GRAHAM, MAYOR 6'3 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 13, 1983 The City Council of the City of Paris met in special session, Thursday, January 13, 1983 at 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: George Fisher, Jr., Larry McGee, Gene McWaters, Jr., and Walter F. Williams. Also present were Acting City Manager, H. C. Greene, City Attorney, T. K. Haynes, and Acting City Clerk, Joe N. McCollum. Mayor Graham announced the purpose of the meeting was to discuss Traffic Code definitions relative to parking, driveways, and sidewalks. He said that since the Council's decision, at the Monday night meeting, to strictly enforce the existing Ordinance, he had received numerous telephone calls from persons ticketed for partially and temporarily blocking sidewalks. City Attorney Haynes reviewed the particular definitions in the Code and stated that previous interpretation had been as follows: If a vehicle was parked in a driveway approach, across a sidewalk area, and left sufficient opening for pedestrian traffic, then no violation was considered to have occured. Councilman Williams stated his recollection on the matter was that the use of common sense judgement was the intent of the Council directive to staff. Mayor Graham stated he felt enforcement in this area should be left to the discretion of the police officer. Freddie Swaim, Swaim Hardware, addressed the Council suggesting that this was nit picking and that they should let people carry on business or continue as is and run them out of business. Following discussion, Councilman McGee made a motion to allow police officer discretion in this matter and to dismiss unfounded tickets which had been issued in the last few days. Councilman McWaters seconded the motion which carried 3 ayes, 2 nays. Councilman Fisher and Councilman Williams voted nay. Police Chief Whitley requested permission to address the Council and assured them that his officers had not acted in a vindective manner in the carrying out of what he thought was Council and Management directive relative to the parking situation in the downtown area. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 25, 1983 The City Council of the City of Paris met in special session, Thursday, January 25, 1983 at 5:15 P: M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilman present: W. C. Francis, Donald G. Wilson, George Fisher, Jr., and Larry McGee. Also present were Acting City Manager, H. C. Greene, City Attorney, T. K. Haynes, and Acting City Clerk, Joe N. McCollum. Mayor Graham announced the first item of business was to consider authorization of bids for materials for culverts on Fitzhugh Avenue. Richard Babb, City Engineer, stated the bids requested were for precast culvert sections delivered to the job site. Plans for the installation of the culverts are to be submitted for bids at the March meeting. A motion was made by Councilman Fisher, seconded by Councilman Wilson to authorize bids for consideration at the February 14, 1983 regular Council meeting. The motion carried 5 ayes, 0 nays. The Council next review the proposed Sewer Use Ordinance. Bill King of the City Staff explained how the Ordinance was designed and stated that a study was made of other cities Ordinances in addition to model Codes furnished by the Texas Department of Water Resources and the Environmental Protection Agency. Mayor Graham questioned the reasoning behind the proposed limit of 450 mg /1 for BOD and Suspended Solids, and Mr. King explained that. this item could be changed or eliminated depending on how far the City wanted to go in treating industrial waste. Councilman Williams entered the Council room at this point and assumed his seat at the Council table. The Council entered a discussion about the effect of the Ordinance on future industrial growth and agreed that Paris should not allow any unfair requirements that.would decrease its competitiveness in this area. Councilman McGee left the meeting. Edward Hernan, General Manager of Campbell Soup Company, addressed the Council stating that the proposed Ordinance would pose no hardship on them, but the 450 mg /1 limit referred to would have a significant effect on some other industries in the City. Mr. King cited the three major concerns of industry were the BOD limits, grease limits and the graduated surcharge. The Council requested staff to provide a summary of EPA requirements for the Ordinance along with existing Ordinances of other cities in the Northeast Texas area for their study. They agreed to take the matter up again in a workshop. Acting City Manager Greene, and Dan Brotton, Director of Public Works, gave a review of EPA findings on the recent evaluation visit to the Wastewater Treatment Plant. 4 G { MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 25, 1983 The City Council of the City of Paris met in special session, Thursday, January 25, 1983 at 5:15 P: M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilman present: W. C. Francis, Donald G. Wilson, George Fisher, Jr., and Larry McGee. Also present were Acting City Manager, H. C. Greene, City Attorney, T. K. Haynes, and Acting City Clerk, Joe N. McCollum. Mayor Graham announced the first item of business was to consider authorization of bids for materials for culverts on Fitzhugh Avenue. Richard Babb, City Engineer, stated the bids requested were for precast culvert sections delivered to the job site. Plans for the installation of the culverts are to be submitted for bids at the March meeting. A motion was made by Councilman Fisher, seconded by Councilman Wilson to authorize bids for consideration at the February 14, 1983 regular Council meeting. The motion carried 5 ayes, 0 nays. The Council next review the proposed Sewer Use Ordinance. Bill King of the City Staff explained how the Ordinance was designed and stated that a study was made of other cities Ordinances in addition to model Codes furnished by the Texas Department of Water Resources and the Environmental Protection Agency. Mayor Graham questioned the reasoning behind the proposed limit of 450 mg /1 for BOD and Suspended Solids, and Mr. King explained that. this item could be changed or eliminated depending on how far the City wanted to go in treating industrial waste. Councilman Williams entered the Council room at this point and assumed his seat at the Council table. The Council entered a discussion about the effect of the Ordinance on future industrial growth and agreed that Paris should not allow any unfair requirements that.would decrease its competitiveness in this area. Councilman McGee left the meeting. Edward Hernan, General Manager of Campbell Soup Company, addressed the Council stating that the proposed Ordinance would pose no hardship on them, but the 450 mg /1 limit referred to would have a significant effect on some other industries in the City. Mr. King cited the three major concerns of industry were the BOD limits, grease limits and the graduated surcharge. The Council requested staff to provide a summary of EPA requirements for the Ordinance along with existing Ordinances of other cities in the Northeast Texas area for their study. They agreed to take the matter up again in a workshop. Acting City Manager Greene, and Dan Brotton, Director of Public Works, gave a review of EPA findings on the recent evaluation visit to the Wastewater Treatment Plant. 4 G fa4 h. 4 3 6 Mr. Brotton stated there were 25 points listed in the finding anc all had been addressed except the one pertaining to the bypass. They advised that a Schedule of Compliance must be submitted to EPA by March 15, 1983. - There being no further business, the meeting adjourned. ATTEST: JOE GRAHAM, MAYOR, CITY OF PARIS JOE N. MCCOLLUM, ACTING CITY CLERK yr� i S . �f MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 26, 1983 The City Council of the City of Paris met in special January 26, 1983 at 5 :15 P. M. in the Council Room o Graham called the meeting to order withthe following W. C. Francis, Donald G. Wilson, George Fisher, Jr., Also present were Acting City Manager, H. C. Greene, Clerk, Joe N. McCollum. session, Wednesday, f City Hal 1 . Mayor __ J Councilmen present: and Larry McGee. and Acting City Mayor Graham stated the purpose of the meeting was to consider authorization to advertise for bids for pumps for the Sewer Lift Station. Acting City Manager Greene advised the Council that an emergency situation exists at the Campbell Lift Station in that the pumps are down at the present time. Dan Brotton, Director of Public Works, stated that this station had been down on several occasions in the past twelve months for various reasons, but the primary reason being that the present pump is "-too small to handle the flow and has to run constantly resulting in burning out of the motor. He state he had located two 8 ", 60 HP used pumps which could be purchased for $7,200.00 and would have a 1 year warrant which could be delivered within two weeks. He explained that the two 8" pumps would provide adequate flow at the Campbell Station and increase the capacity at the Woodard Station to handle the increased flow generated by the Kimberly Clark Plant. An alternate plan would be to purchase a new 6" pump to replace the one at the Campbell Station and wait to correct the situation at the Woodard Station. This would be the least expensive, approximately $5,000.00 for the two. Delivery of a new pump would take from 6 to 8 weeks. City Attorney Haynes entered the Council Room at this, point and took his seat. Mr. Brotton recommended buying the two 8" pumps as it would solve two problems. Following discussion, Councilman Wilson made a motion to authorize emergency purchase of the two 8" pumps if delivery could be made within 3 weeks and to authorize bids for a new 6 ", 30 HP pump should delivery time be longer. Councilman McGee seconded the motion which carried 5 ayes, 0 nays. There being no further business, the meeting adjourned. i JOE GRAHAM, MAYOR, CITY-OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK l MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 31, 1983 The City Council of the City of Paris met in special session Monday, January 31, 1983 at 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G. Wilson, George Fisher, Jr., Larry McGee, Gene McWaters, Jr., and Walter F. Williams. Also present were Acting City Manager H. C. Greene, City Attorney, T. K. Haynes, and Acting City Clerk, Joe N. McCollum. Mayor Graham announced.the Council would enter into executive session to discuss legal matters with the City Attorney. Mayor Graham declared the executive session closed and the regular session open stating there was no action necessary on matters discussed in executive session. Resolution No. 2924 authorizing easement acquisition for drainage project on Big Sandy Creek was presented. A motion was made by Councilman McWaters for adoption of the Resolution. Councilman Wilson seconded the motion which carried 7 ayes, 0 nays. RESOLUTION NO. � WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled Phase I, Big Sandy Creek Drainage Project, which begins on said Creek approximately 2,000 feet East of Loop 286 on property belonging to Joe P. Cobb and Tom Cobb, Jr, thence with the meanders of said creek in a Northwesterly direction and then in a Westerly direction to the intersection of 24th Street S. E. with two sub - channels going in a Northerly direction from Big Sandy Creek to the intersection of Texas and Pacific Railroad right -of -way, in accordance with plans and specifications prepared by LAN and Associates Engineering which project is being directed by Richard Babb, P.E., Acting City Engineer as an in -house project; and, WHEREAS, the easement descriptions necessary for the completion of said drainage project were heretofore included in Exhibit A to Resolution No. 2188, passed on the 12th day of July, 1982; and, WHEREAS, Parcel #5 of said Exhibit A to Resolution No. 2188 has been corrected and the corrected form is attached hereto as Exhibit A; and, WHEREAS, the City Council finds that said Parcel #5 is necessary for said drainage project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described Parcel #5 to be used for Phase I, Big Sandy Creek Drainage Project. Passed and adopted this 31st day of January, 1983. goge—GrAham, ayor ATTEST: L rni_ - Jq McCollum, Acting City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Mayor Graham announced the next item was a discussion of pipe materials to be used in the I & I Project. City Manager Greene advised the Council that John Buss, Project Manager, needed some direction on this matter to properly write specifications for bids. John Buss presented cost information on clay tile and plastic pipe and discussed the good and bad points of each. After discussion, Council decided to allow alternate bids on both clay and solid wall PVC pipe for sizes up to 27" and specify clay.tile for the 36" size. Mayor Graham next opened the workshop on the proposed Sewer Use Ordinance. Bill King and other staff members reviewed the comments submitted by various industries and how the comments had been addressed. Mr. King said that based on industry comments, there had been some changes made to the proposed Ordinance, but the City's interest had not been compromised by the changes. Each disputed point was discussed in detail with the proposed 450/1 BOD limit receiving the primary attention. Following a lengthy discussion about the 450 limit and other methods -- to control the strength of sewer contributed by users, Mayor Graham called for a motion, and Councilman Francis made a motion to leave. the 450 limit as stated in the Ordinance. Councilman Williams seconded the motion which failed 2 ayes, 5 nays. Councilman McGee made a motion to have City staff submit to the Council for consideration a step user charge schedule based on a actual cost figures relative to strength of sewer contribution and its effect upon the expected life of the Waste Water Treatment Plant. Councilman McWaters seconded the motion which carried 6 ayes, 0 nays, one abstain. Councilman Francis abstained. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 7, 1983 The City Council of the City of Paris met in special session Monday, February 7, 1983 at 5:15 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: Larry McGee, Gene McWaters, Jr., Walter F. Williams, W. C. Francis, George Fisher Jr., and Donald G. Wilson. Also present were Acting City Manager, H. C. Greene, City Attorney Haynes, and Acting City Clerk, Joe N. McCollum. Mayor Graham announced the Council would enter into executive session to consider hiring a City Manager. After a conference with D. H. Doty, the executive session was declared closed and the regular session open. A motion was made by Councilman Wilson, seconded by Councilman McWater to hire David H. Doty as City Manager and authorized a contract. The motion carried 6 ayes, 1 nay, Councilman Williams voting nay. U;00 4 Resolution No. authorizing Professional Service Contract for City Manager of the City of Paris was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for approval. The motion carried 6 ayes, 1 nay, Councilman Williams voting nay. ._J ,.� _4-4 g3 -©oq RESOLUTION NO. 2238 WHEREAS, the City of Paris has been without a perma- nently appointed City Manager since the resignation of Robert E. Sokoll on the 13th day of September, 1982; and, WHEREAS, the City Council of the City of Paris, acting as a committee of the whole has reviewed applications from prospective City Managers and interviewed many of the same; and, WHEREAS, the City Council of the City of Paris, deems it to be in the best interest to the City of Paris that David H. Doty be employed as the City Manager of the City of Paris upon the terms and conditions and in the form of Professional Services Contract 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 David H. Doty, be, and he is hereby appointed and hired as City Manager of the City of Paris; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, the Professional Services Contract for City Manager of the City of Paris, upon the terms and conditions and in form shown in Exhibit A attached hereto, with David H. Doty. Passed and adopted this 7th day of February, 1983. oe Graham, Mayor ATTEST: • rn , Jt N. McCollum, Acting City Clerk APPROVED AS TO FORM: :i T. K. N-ayies, City Attorney 6 STATE OF TEXAS COUNTY OF LAMAR EXHIBIT "A" PROFESSIONAL SERVICE CONTRACT KNOW ALI, MEN BY THESE PRESENTS: That the City of Paris, Paris, Texas, a municipal corporation, hereinafter referred to as CITY and David H. Doty, a citizen of the State of Texas, hereinafter referred to as DOTY do contract and agree as follows: 1. For and in consideration of salary payment and other specific payments and other consideration hereinafter mentioned to be made by CITY, DOTY agrees to act as City Manager for CITY and to carry out, to the best of his ability, all the duties imposed upon him by the Charter of the City of Paris, the laws of the State of Texas, and such other duties as the City Council of the City of Paris may, from time to time, require of him. 2. This contract shall be subject to all the pro- visions of the Charter of the City of Paris. 3. A. The initial term of employment shall start as soon as is reasonably possible for DOTY to secure appropriate housing within the corporate limits of the -City of Paris, but in no event shall it begin later that April 1, 1983 and shall end June 30, 1986. B. During the month of June, 1985, the CITY will determine whether or not this agreement will terminate at the end of the initial term and so notify DOTY. In the event that written notice is not given to DOTY, one (1) year which begins July 1, 1986 and ends June 30, 1987. C. In the event the term is extended into the extended term, the City will, during the month of June, 1986, determine if it wishes to negotiate another agreement with DOTY and if so, will.present a proposal in the form of a professional services agreement to �I DOTY prior to July 1, 1986, and DOTY shall accept or reject such proposal prior to January 1, 1987. 4, A. DOTY'S monthly base pay for the initial term shall be as follows: 17 From date of employment to June 30, 1983, $3,334.00; From July .1, 1983 through June 30, 1984, $4,000.00; B. DOTY'S monthly base pay for each budget year thereafter shall be established as part of the budget process annually. C. CITY'S Finance Director is authorized and directed to make adjustments necessary so that DOTY'S base pay is apportioned in whole dollar amounts as part of the regular CITY payroll. 5. A. The CITY will make monthly deposits in DOTY'S account with the International City Management Association Retirement Corporation in the following amounts: During 1983, 7.5% of DOTY'S base pay; During 1984, 7.5% of DOTY'S base pay; During 1985 and thereafter 7.5% of Doty's base pay. B. DOTY will not participate in the CITY'S retirement program for other employees. 6• A. CITY will pay DOTY monthly in advance, $500.00 for an automobile allowance during the term(s) of this agreement. B. In addition to the amount provided in Section 6A, the CITY will reimburse DOTY for all business use of his automobile for all trips in excess of 250 miles round trip, at the rate of z of the IRS mileage allowance. kJ C. CITY will provide and maintain a mobile, two way radio for. DOTY'S use in communicating with the appropriate CITY radio system(s). D. DOTY will provide insurance to protect the CITY in the minimum amount required by law. E. CITY and DOTY can modify this Section of this agreement by mutual consent without such modification being considered an agreement amendment. 7. CITY will provide a term life insurance policy for DOTY'S benefit in the maximum amount available at standard rates to a maximum of $40,000.00 8. In lieu of vacation time, emergency leave time, educational leave time and overtime compensation, DOTY will receive annual leave time at the rate of two (2) days per each month of employment. Such annual leave may be taken as earned and is to have a maximum, unused accrual of 60 days. 9. A. CITY will pay the actual cost, including maximum allowable insurance, for moving DOTY'S personal property to a place of his choice in CITY. B. CITY will reimburse DOTY for his and his wife's actual expenses for travel, food and lodging for one trip, not to exceed three days, to CITY from Bellaire, Texas, for the purpose of locating and securing living accommodations within CITY. C. Starting April 1, 1983 and continuing for a maximum of six months, CITY will pay DOTY a $600.00 per month, housing allowance until title to his Bellaire residence is transferred to another party. 10. CITY will pay and /or reimburse DOTY for all expenses related to the conduct of CITY business including but not limited to the following: Costs associated with membership !in a local service club; membership .in the International City Management Association, Texas Citv Management Asso- ciation and American Society for - Public Administration I the cost of annual participation in a professional development seminar with a duration of one week or less; fees associated with and the cost of travel lodging and food for DOTY'S and his wife's attendance at annual International City Management Association meetings, Texas City Management Association meeting and Texas Municipal League meetings within the 48 contiguous states. 11. Except as otherwise provided herein', DOTY will receive all benefits customarily provided other CITY employ- ees including but not limited to sick leave, holidays health insurance and workman's compensation. 12. A. CITY reserves the unilateral right to terminate this agreement-at any time for cause. Cause, as used herein, means conviction of a felony or an offense involving moral turpitude, gross negligence or i gross malfeasance in performance of lawful duties. Such termination will follow the procedure established in the CITY'S Charter and afford DOTY due process. B. CITY additionally reserves the unilateral right to terminate this agreement at any time by paying the balance of its commitments under this agreement. In such case, DOTY waives the City's Charter provisions dealing with the discharge of its City Manager. C. Except as herein provided, DOTY reserves the unilateral right to terminate this agreement by giving 90 days notice of such termination to the CITY. If DOTY elects to so terminate this agreement between '-1 October 1, 1983 and June 30, 1985, he shall within 60 days of such termination repay CITY all benefits he has received under Section 9C herein. D. If this agreement is not extended through,the subsequent term, DOTY may terminate the agreement by giving 30 days notice of such termination. 4 E. . If the proposed agreement identified in -Section .2D is not timely offered, or if DOTY rejects such proposal, he may terminate this agreement by giving 30 days notice of such termination. F. Between the execution of this agreement and August 31, 1983, either party hereto may terminate this agreement by delivery of notice of such termination to the other party. The affirmative vote of five (5) council members in a regularly scheduled meeting with seven (7) members present are required to terminate this agreement under this provision. 13. A. This agreement can be amended at anv time by the mutual consent of the parties hereto. B. Any unilateral amendment of this agreement shall be considered to be a termination of this agreement under terms and conditions provided in Section 12. Entered into this 7th day of February, 1983. ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS LIM Joe Graham, Mayor David H. Doty I Discussion was had concerning the Industrial Sewer Use Ordinance. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 14, 1983 The City Council of the City of Pa February 14, 1983 at 7:00 P. M. in Mayor Graham called the meeting to present: W. C. Francis, Donald G. P. McGee, and Walter F. Williams. Acting City Manager, T. K. Haynes, Acting City Clerk. ris met in regular session Monday, the Council Room of City Hall. order with the following Councilmen Wilson, George Fisher, Jr., Larry Also present were H. C. Greene, City Attorney, and Joe N. McCollum Prayer was offered by Tom Lane of the First Baptist Church. Mayor Graham asked if there were any corrections to minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham announced the first order of business would be considera- tion of recommendations made by the Planning and Zoning Commission. Mayor Graham declared the public hearing open on the petition of St. Joseph's Hospital for a change in zoning from a Two Family Dwelling District to an Office District on part of Lots 8 and 9, Block 4, Felt Fort and Varner Addition located on the east side of 10th S. E., 195 feet south of E. Austin Street. There was no one present who wished to speak on the matter, and the public hearing was declared closed. ORDINANCE NO. 2-r- %Z-00'5 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 OFFICE DISTRICT (0) ON PART OF LOTS 8 AND 9, BLOCK 4, FELT, FORT AND VARNER ADDITION, ON PROPERTY BELONGING TO ST. JOSEPH'S HOSPITAL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. A motion was made by Councilman Williams for approval of the Ordinance. Councilman Fisher seconded the motion which carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Ann McKnight and Bill Vaughn for a change in.z-oning from an Agricultural District and Light Industrial District to a Multi- Family dwelling District No. 1 on a 25.03 acre tract of land located on the south side of the Texas and Pacific Railroad and the east side of 12th S. E. There was no one present to speak for or against the petition and Mayor Graham declared the public hearing closed. ORDINANCE NO. 2-67 98 -006 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; ESTABLISHED A MULTI - FAMILY DWELLING DISTIRCT NO. 1 (MF -1) ON A 25.03 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF THE TEXAS AND PACIFIC RAILROAD AND THE EAST SIDE OF 12th S. E. I ON'PROPERTY BELONGING TO ANN MCKNIGHT AND BILL VAUGHN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A) AND LIGHT INDUSTRIAL DISTRICT (LI); AND DESIGNATING THE BOUNDARIES OF THE MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTABLISHED. was resented. A motion was made b Councilman McGee for p y approval of the Ordinance. Councilman Wilson seconded the motion which carried 6 ayes, 0 nays. Mayor Graham declared the public.hearing open on the petition of David Glass for a change in zoning on part of Lots 2 and 3, City Block 319 located on the south side of F. M. 195 at spur 139 as follows: Tract No.-1, 1.98 acre from a One Family Dwelling District No. 2 to a General Retail District; Tract 2, 33.86 acres from a One Family Dwelling District No. 2 and General Retail District to a Multi- Family Dwelling District No. 1. There was no one present to speak for or against the petition and the public hearing was declared closed) ORDINANCE NO. 26-7 r6'�-OD�j AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON TRACT 1, AND A MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) ON TRACT 2, ON PART OF LOTS 2 AND 3, CITY BLOCK 319, ON PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND MULTI - FAMILY DWELLING DISTRICT NO. 1(MF -1) SO ESTABLISHED. was presented. A motion was made by Councilman McGee, seconded by Councilman Williams for approval of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of the State Department of Highways and Public Transportation for a change in zoning from an agricultural district to a Public Lands and Institution District on part of Lot 22, City Block 307 located on the southeast corner of Old Bonham Road and Loop 286 S. W. James Jackson, R. 0. W. Agent for the Department explained their need to re- locate the maintenance and resident Engineer's facilities from its present location on N. Main to this site to alleviate traffic problems and provide better distribution of service. He said they would be coming back to the Council for Water and Sewer Service and to improve Old Bonham Road in front of the property. There was no one present in opposition and Mayor Graham declared the public hearing closed. ORDINANCE NO. -2 -674 9�5 -00$ 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 PUBLIC LANDS AND INSTITUTIONS DIST- RICT (PLI),ON PART OF LOT 22, CITY BLOCK 309, ON PROPERTY BELONGING TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL —� DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE PUBLIC LAND AND INSTITUTIONS DISTRICT (PLI) SO ESTABLISHED was presented. A motion was made by Councilman Wilson, seconded by Councilman Fisher for approval of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Eugene Lancaster for a change in zoning from a One Family Dwelling District No. 2 to a Two Family Dwelling District on Lot 5, City Block 5, Springlake Addition, located at 334 28th N. E. The Planning an -d Zoning Commission had recommended denial of the petition. There was no one present to speak for or against the petition and the public hearing was declared closed. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A TWO FAMILY DWELLING DISTRICT (2F) ON LOT 5, BLOCK 5, SPRINGLAKE ADDITION, ON PROPERTY BELONGING TO EUGENE LANCASTER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGN- ATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE TWO FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED. was presented. A motion was made by Councilman McGee, seconded by Councilman Wilson to deny the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of John Hutchings, Charlie Adkins, John Miles and Bob McCarley for a change in zoning from a One Family Dwelling District No. 2 and Office District to General Retail District on Lots 15, 16, 17, and 18, City Block 296 located on the north side of Lamar Avenue east of 33rd S. E. The Planning and Zoning Commission had recommended Planned Development - Retail zoning for the property. Councilman Wilson asked to be excused due to conflict of interest and left the Council room. Bob McCarley spoke for the petition and told the Council they were completely in agreement with the recommendation of the Planning and Zoning Commission for Planned Development zoning. No one else spoke on the matter and the public hearing was declared ! j closed. s. 1 R ORDINANCE NO. 2675 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT - SHOPPING CENTER (PD a) ON LOTS 15, 16, 17, AND 18, CITY BLOCK 296, ON PROPERTY BELONGING TO JOHN HUTCHINGS, CHARLIE ADKINS, JOHN MILES AND BOB MCCARLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DE- SIGNATED AS AN OFFICE DISTRICT (0) AND ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOP- MENT DISTRICT - SHOPPING CENTER (PD a) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman McGee for approval of the Ordinance. The motion carried 5 ayes, 0 nays, Councilman Wilson abstaining. Mayor Graham declared the public hearing open on the petition of Terrell Boyd for a change in zoning from a One Family Dwelling District No. 2 to a General Retail District on Lot 1, City Block 287 located on the southeast corner of 33rd S. E. and Lamar Ave. The Planning and Zoning Commission had recommended Planned Development Retail zoning for this property. Mr. Boyd was present and told the Council of his plans for a Jewelry Store at this location. He said he was in total agreement with the _ Planned Development zoning which had been recommended. s There was no one else present who wished to speak on the matter, and the public hearing was declared closed. ORDINANCE NO. 26 L& -014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT - SHOPPING CENTER (PD a) ON LOT 1, CITY BLOCK 287, ON PROPERTY BELONG- ING TO TERRELL BOYD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGN -. ATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - SHOPPING CENTER (PD a) SO ESTABLISHED. was presented. A motion was made by Councilman Fisher, seconded by Councilman McGee for approval of the Ordinance. The motion carried 6.ayes, 0 nays. Mayor Graham :ieclared the public hearing open on the petition of the First Baptist Church to close the south 70 feet of the deadend alley that runs south from E. Kaufman between 3rd S. E. and 5th S. E. There was no one present to speak for or against the petition and the j^ public hearing was declared closed. 1 1 1 Councilman Francis brought up the matter of a drainage problem in the area which may be aggravated by the paving of this property for parking The Drainage Committee was requested to look into the drainage from this area south. City Attorney Haynes advised that an Ordinance and Resolution would be necessary to close the alley and that an easement would be retained. A motion was made by Councilman Wilson, seconded by Councilman Williams to authorize preparation of the Ordinance for consideration at the next meeting. The Council next considered approval of the replat of Lot 14, City Block 193 which had been recommended by the Planning and Zoning Commission with waver of curb and gutter requirement due to proposed width of Graham Street at 48' would not fit in with existing curb and gutter and drainage. A motion was made by Councilman Fisher to refer back to the Planning and Zoning Commission for recommendation on street width for Graham Street and curb and gutter requirement. Councilman Williams seconded the motion which carried 6 ayes, 0 nays. The replat of Lot 1, City Block 315 was approved on a motion by Council- man Fisher, seconded by Councilman McGee. The motion carried 6 ayes, 0 nays. The replat of Lot 5 -A, City Block 115 was approved on a motion by Councilman Fisher, seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. The final plat of Tanglewood Addition No. 1 -A was approved on a motion by Councilman Fisher, seconded by Councilman Williams. The motion carried 5 ayes, 1 nay, Councilman Wilson voted nay. The replat of Lots 1, 2, 3, and 4, Block A, Hindman Park Addition was approved on a motion by Councilman Wilson, seconded by Councilman Williams. The motion carried 6 ayes, 0 nays. The replat of Lot 3, City Block 323 was brought from the table and approved on a motion by Councilman Williams, seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. The request for water service outside the City Limits by Tommy Echols, which involves property in the replat of Lot 3, City Block 323 was considered next. A motion was made by Councilman McGee, seconded by Councilman Williams to approve the request. The motion carried 6 ayes, 0 nays. City Attorney Haynes submitted the following zoning referrals: James Marshall, Lots 9, 10, 11, 12, 13, 14, Block 1, Smith's First Addition from C to LI; McKnight & Vaughn, 3.48 acres from A to SF -2. Mayor Graham referred the zoning requests for public hearing and recommendations by Planning and Zoning Commission March 7, 1983 and public hearing before the City Council on March 14, 1983. 1 Mayor Graham announced that a request from residents of Booker T. Washington Homes would now be heard. Tawanda Bills spoke for a large group of residents who felt that the Housing Projects had been neglected in the maintenance of fixtures and equipment and that repairs and painting should be done. John Washington, East Texas Legal Services, told the Council that he had requested a meeting with the Housing Authority Board to discuss these matters as well as complaints concerning eligibility for housing and possible Civil Rights Violations, but had not been able to meet with them. Following discussion of the matter, Mayor Graham directed the City Manager to contract the Housing Authority Director and arrange a board meeting within the next 10 days to discuss these matters. Mr. Washington and the residents were to be notified of the time and place of the meeting along with Council members. Mayor Graham announced the next item was to consider authorizing preparation of an Ordinance for No. Parking on East side of 2nd S. E. between Lamar Avenue and Clarksville Street. Following discussion, Councilman Wilson made a motion to authorize the preparation of the Ordinance and to instruct Traffic Department to go ahead and install no parking signs and strip the pavement. Councilman Williams seconded the motion which carried 5 ayes, 0 nays. Councilman Fisher being out of the chamber. Mayor'Graham announced the next item was to consider approval of permits for operation at Cox Field Airport. A motion was made by Councilman Wislon to table action on the permits for Jimmy Wrenn, currently under an investigation by the FAA, until after the executive session. Councilman Williams seconded the motion which carried 5 ayes, 0 nays. Councilman Fisher being out of the Chamber. A motion was made by Councilman Wilson to approve the permits of James Howell - Agricultural Spray, Metro Airlines - Scheduled Air Service and Bruce Session - Agricultural Spray Permit. Councilman Williams seconded the motion which carried 5 ayes, 0 nays, Councilman Fisher being out of the Chamber. Acting City Manager Greene submitted bid proposals for City Depository for two year period beginning March 1, 1983 recommending acceptance of the Liberty National Bank's proposal. $3 - ©0ti Resolution No. 2239 approving the contract with the Liberty National Bank for City Depository was presented. A motion was made by Council- man Francis, seconded by Councilman McGee for adoption of the Resolution. The motion carried 4 ayes, 0 nays, with Councilman Wilson and Councilman Fisher being out of the Chamber. RESOLUTION NO. 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, 1983 through February 28, 1985, which bids were received until 10:00 o'clock A.M., Wednesday, February 9, 1983; and, WHEREAS, the best bid for city depository was made by The Liberty National Bank in Paris, and it should be awarded the contract for such depository; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of The Liberty National Bank in Paris, to act as city depository, beginning March 1, 1983, through February 28, 1985 is hereby accepted and let; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with The Liberty National Bank in Paris, to act as depository for the City of Paris upon the terms and conditions set out in that institution's bid attached hereto as Exhibit A. Passed and adopted this 14th day of February, 1983. QW4J.1 J e Graham, Mayor ATTEST: \�� n - (14, 00Y-e-- it N. McCollum, Acting City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney The next item for consideration was the request by the Lions Club to erect a monument, concerning the April 2, 1982 Tornado, on the Down- town Plaza Fountain area. Weldon Slaton, representing the Lions Club, submitted a sketch of how the monument would look and advised that it could be placed so as not to interfer with utility lines and was designed to blend in with the fountain. i ti yax� ate° ` * ; The City Staff recommendation was to not permit placement on the Fountain area, but suggested Bywaters Park as a more appropriate location. Councilman Wilson stated the monument might be placed on the square and later moved to the park. Councilman Fisher stated he could see no reason not to place it on the square. Following discussion, Councilman Francis made a motion to approve the requested fountain area location. Councilman Williams seconded the motion which carried 4 ayes, 2 nays. Councilman Wilson and Mayor Graham voting nay. $ c'S -p0 lv Resolution No. 2248 calling an April 2, 1983 election for Council Districts 4, 5, and 7 was presented. A motion was made by Councilman McGee, seconded by Councilman Fisher for adoption of the Resolution. -- The motion carried 5 ayes, 0 nays with Councilman Francis out of the chamber. 1� $ ,6-00 G RESOLUTION NO.�$ A RESOLUTION ORDERING AN ELECTION TO BE HELD ON THE FIRST SATURDAY IN APRIL, 1983, SAME BEING THE 2ND DAY OF APRIL, 1983, BETWEEN THE HOURS OF 7.00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., BY THE QUALIFIED VOTERS OF WARDS 4, 5 AND 7 OF 1 THE CITY OF PARIS, PARIS, TEXAS, FOR THE PURPOSE OF ELECTING THE COUNCILMEN FROM EACH OF SAID WARDS TO SERVE AS MEMBERS OF THE CITY COUNCIL FOR THE ENSUING TWO YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That an election be held by the qualified voters of Wards 4, 5 and 7 of the City of Paris, Paris, Texas, on the first Saturday in April, 1983, same being the 2nd day of April, 1983, 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 Councilman from Ward Four (4) One Councilman from Ward Five (5) One Councilman from Ward Seven (7) as provided in Paragraphs 2,3,5,6 and 7 of Order entered March 15, 1976, in Civil Action No. 'P- 75 -3 -CA, in the District Court of the United States for the Eastern District of Texas, Paris Division, and as provided in the Charter of the City of Paris and the laws of the State of Texas wherein they do not conflict with said Order. Section 2. That the polling places and election --� officials of such election shall be as follows: WARD FOUR (4): Polling Place: Oak Park United Methodist Church 2515 Bonham Street Officials: Ruth E. Welch, Presiding Judge Sally C. Hinds, Alternate Presiding Judge WARD FIVE (5): Polling Place: Central Fire Station 107 East Kaufman Street Officials: Reinhardt Hollje, Presiding Judge Patricia Hollje, Alternate Presiding Judge WARD SEVEN (7): Polling Place: First Christian Church 780 20th Street, N. E. Officials: Maydell McCoy, Presiding Judge L. E. Harty, 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: Such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein such laws and ordinances do not conflict with the above described Order. Section 5. The Chief of Police of the City of Paris is hereby directed and instructed to post a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notice at the City Hall Door, at each of the poling places designated above, which are within each ward in, which the election is to be held, at least twenty (20) days before the election; further, a properly executed copy of such Notice of Election shall be published at least one time not more than twenty -five (25) days nor less than ten (10) days before the election in at least one daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 6. The pay of the judges and clerks of said election is hereby authorized and established as follows: $4.00 per hour for each judge and clerk; the election judge who delivers the returns of said election immediately after the votes have been counted to the proper office shall be paid an additional sum of $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 Paris in regular this 14th day of ATTEST: adopted by the City Council of the City of meeting, at the City Hall of said City, on February, 1983. J e Graham, Mayor - ry , Q.&�Q1 J N. McCollum, Acting City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Acting City Manager Greene submitted the following bids to provide coverstone for the Street Department: Boorham- Fields, Inc. $9.95; Amis Materials Co., $10.80; Richard Drake $12.04 and C. L. Malone $13.75. He recommended award to low bidder - Boorham - Fields. A motion was made by Councilman Wilson, seconded by Councilman Fisher to award contract to Boorham - Fields, Inc., as recommended. The motion carried 6 ayes, 0 nays. City Manager Greene submitted the following bids for preset reinforced concrete box sections for Fitzhugh Avenue drainage structures: Base Bid - Alternate Bid Gifford Hill & Co., Inc. $13,200.00 $12,600.00 Wall Concrete Pipe Co., Inc. $14,785.80 $14,785.80 Staff recommended alternate bid of Gifford -Hill in the amount of $12,600.00 A motion was made by Councilman Francis, seconded by Councilman Williams for acceptance of- Gifford -Hill alternate bid in the amount of $12,600.00. The motion carried 6 ayes, 0 nays. Mayor Graham announced the next item was to consider authorization to advertise for bids for Wastewater Treatment Plant pump. Councilman Williams made a motion to authorize the bids. Councilman Fisher seconded the motion. Councilman Francis stated he was opposed to the proposed pump use and wanted to discuss it more. Councilman Williams withdrew his original motion and moved to table until after the executive session. Councilman Fisher seconded the motion which carried 6 ayes, 0 nays. City Manager Greene requested authorization to advertise for bids for six police Department vehicles. A motion was made by Councilman Fisher seconded by Councilman Williams to authorize the bids. The motion carried 6 ayes, 0 nays. City Attorney Haynes presented the form Ordinance for Advance Refunding ,___Bonds, but advised that the Ordinance could not be completed until a decision was made as to exactly what the project will be and cost information provided. No action was taken on the matter. City Attorney Haynes presented a previously authorized Ordinance granting the extension of time for the renovation of the house at 816 East Washington Street. ORDINANCE NO. 244-77- S'3 -O!/ AN ORDINANCE AMENDING ORDINANCE NO. 2649, PASSED ON THE 13TH DAY OF SEPTEMBER, 1982, PERMITTING TIME FOR REPAIR OF STRUCTURES OTHERWISE DECLARED DILAPIDATED AT 816 EAST WASHINGTON STREET, LOT 15, BLOCK 1, GIBBONS PARK ADDITION, BELONGING TO GEORGE HARRIS, PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 14, 1983. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher to approve the Ordinance. The motion carried 5 ayes 1 nay, Mayor Graham voting nay. City Manager Greene and Interim City Engineer, Richard Babb, presented plans and specifications for the installation of precast concrete drainage structures on Fitzhugh Avenue and requested authorization to advertise for bids for the work. Councilman Fisher made a motion to approve plans and authorize the bids. Councilman Williams seconded the motion which carried 6 ayes, 0 nays. q � -009 Resolution No. 224-1- authorizing procurement of a drainage easement from 28th N. W. in a northwesterly direction was presented. A motion was made by Councilman Wilson, seconded by Councilman Francis for adoption of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. � WHEREAS, the City Council of the City of Paris has undertaken a project of drainage improvement approximately 385' North of Graham Street beginning at the West boundary line of 28th N. W. Street and proceeding in a Northwesterly direction, approximately 300 feet, in accordance with plans and specifications prepared by Richard Babb, Interim City Engineer of the City of Paris; and, WHEREAS, the easement description necessary for the completion of said drainage project is shown on Exhibit A attached hereto; and, WHEREAS, the City Council finds that the above described drainage easement is necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described property to be used for drainage improvement. Passed and adopted this 14th day of February, 1983. J e �Graham,'IMJayor' ATTEST: Jo OcCollum, Acting City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney .. _ C6Z5 -0'0$ Resolution No. 2`'i4-2 authorizing the Woodard Lift Station was presented. Wilson, seconded by Councilman McGee The motion carried 6 ayes, 0 nays. procurement of an easement to the A motion was made by Councilman for adoption of the. Resolution. `Z� 'A -00$ RESOLUTION NO. WHEREAS, the City Council of the City of Paris has undertaken a project of improving the access to the Woodard Lift Station which is a part of the City of Paris sewage system in accordance with plans and specifications prepared by Richard Babb, Interim City Engineer of the City of Paris; and, WHEREAS, the easement description necessary for the completion of said utility and access project is shown on Exhibit A attached hereto; and, WHEREAS, the City Council finds that the above described utility and access easement is necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described property to be used for access to Woodard Lift Station and to hold utilities when necessary. Passed and adopted this 14th day of February, 1983. Jo Graham, Mayor ATTEST: Jq� McCallum, Acting City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney "Waft y*'!;; ^t� _ -+.�,g;y*'� � :,�,�e� °�fj. � fa 3 , . �. � II.¢• . � i �'k' '4 f ��.: �� �C'�'�1Pf'� 1 '� .`� b�j EXHIBIT "A" FIELD NOTES UTILITY AND ROADWAY EASEMENT Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Asa Jarman Survey, and being part of a tract of land designated as FIRST TRACT, conveyed by Deed to James L. Clifford and Wife Geraldine T. Clifford, from Michael C. Ramos, dated May 17, 1982, recorded in Volume 644, Page 941, Deed Records, Lamar County,,Texas, and being Lot 2, City Block 172; BEGINNING at a point for corner in the East Boundary Line of said First Tract of land, said point being in the West Boundary Line of the South Park Addition as platted to the City of Paris, Lamar County, Texas, said beginning point being South 0 Degrees, 14 Minutes East, a distance of 266 feet from the most Northerly Northeast Corner of said First Tract of land, said Northeast Corner being located in the South Right -of -Way Line of a railroad spur line; THENCE North 82 Degrees, 56 Minutes West a distance of 1020.42 feet to a point for corner; i THENCE North 7 degrees 04 Minutes East, a distance of 110.30 feet to a point for corner in the South Boundary Line of a City of Paris Lift Station Tract of land, said point being South 89 Degrees, 33 Minutes West.a distance of 6.98 feet from the Southeast Corner of said City of Paris Lift Station Tract of land; THENCE South 89 Degrees, 33 Minutes West along the South Boundary Line of said City of Paris Lift Station Tract of land a distance of 50.59 feet to a point for corner; THENCE South 7 Degrees, 04 Minutes West a distance of 153.70 feet to a point for corner; THENCE South 82 Degrees, 56 Minutes East a distance of 1076.98 feet to a point for corner in the East Boundary Line of said First Tract of land; THENCE North 0 Degrees, 14 Minutes West along the East Boundary Line of said First Tract of land a distance of 50.42 feet to the place of Beginning and containing 1.336 acres of land more or less. City Manager Greene presented a change order on the Main Outfall Sewer Construction - Phase I, saying that 10% of the contract price was being retained until final cleanup can be accomplished. The Contractor had requested the retainage be reduced to 5% as that was more than enough to cover cleanup expense. The Council requested more information on the matter and Councilman McGee made a motion to table action until the next meeting. Councilman Williams seconded the motion which carried 6 ayes, 0 nays. Mayor Graham announced the next item was the review of the Industrial Sewer Use Ordinance and requested it be tabled for review by the City Attorney. A motion to table was made by Councilman Fisher, seconded by Councilman McGee. The motion carried 6 ayes, 0 nays. Mayor Graham called a special meeting for Tuesday February 15, 1983 at 7:00 P. M. to review the proposed Ordinance. Mayor Graham declared the regular session closed and the executive session open. Mayor Graham declared the executive session closed and the regular session re- opened. A motion was made by Councilman Fisher, seconded by Councilman McGee to remove from the table the operations permit approval for Jimmy Wrenn. The motion carried 6 ayes, 0 nays. Councilman Wilson then made a motion to approve the permit for Jimmy Wrenn for maintenance, air frame and power plant only, pending the outcome of the FAA investigation. Councilman Fisher seconded the motion which carried 6 ayes, 0 nays. Acting City Manager provided information concerning the request of Lamar Soil and Water Conservation District to lower the water level at Lake Crook. He said that a complete draw down of water was now proposed and that the City could not afford to lose that stand by water supply for any length of time. He said more investigation into the matter is needed. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK 6 I k -- - ..._.-. raw-• +�°om.rrtrnuswr..��.i+.�r+.rw.o ,.... .y�:,a,.u�.:..:�...._.____..._- MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 15, 1983 The City Council of the City of February 15, 1983 at 7:00 P. M. Mayor Graham called the meeting present: W. C. Francis, Donald Also present were H. C. Greene, City Attorney, and Joe N. McCol Paris met in special session Tuesday, in the Council Room of City Hall. to order with the following Councilmen G: Wilson, and Walter F. Williams. Acting City Manager, T. K. Haynes, lum, Acting City Clerk. Mayor Graham announced the first item was to receive an up date and status report on the Sewer Project. John Buss, Project Director, stated that there were 9 days remaining to work on the plans and he had made an appointment with the Texas Department of Water Resources to deliver the plans on March 1, 1983. He said the line design, lift station design and plant design were on schedule and that Bob Vivian, CRS Group Engineer, would return next Tuesday and stay until all designs are completed. The Council next continued their review of the Industrial Sewer Use Ordinance. John Buss and Bill King went over the section dealing with surcharge fees based on "excessive strength" formular and "shortened capacity Life" factorys. Lengthy discussion among the Council members indicated the need for additional study on their part and input from industrial representatives. Mayor Graham suggested another meeting to invite the industrial people and to give Council members time to further study the proposed Ordinance. Thursday, February 24, 1983 at 7:00 P. M. was set for the meeting date and the meeting was adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 24, 1983 The City Council of the City of Paris met in special session, Thursday, February 24, 1982 at 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G. Wilson, Larry McGee, Gene McWaters, Jr. and Walter F. Williams. Also present were H. C. Greene, Acting City Manager, T. K. Haynes, City Attorney, and Joe N. McCollum, Acting City Clerk. Mayor Graham announced the first item for consideration was the request of the Garden Club of Paris to reverse previous decision allowing a monument to be placed in the fountain area of the Plaza. Mrs. A. M. Aikin addressed the Council stating that years of hard work by the Garden Clubs had been spent to make the Plaza a focal point of the City and the area needs to remain uncluttered. She requested that the Lions Club and the Council change their decision to locate the monument on the Plaza. There were approximately 15 persons in attendance supporting the request. Ken Brown stated the monument needs the quietness and solitude of a place like Bywaters Park. Mrs. Francis Cooper and Mrs. Howard Grotjohn also spoke in favor of a different location for the monument. Mayor Graham thanked those in attendance for their interest and asked if there was a motion on the matter. Councilman Williams made a motion to rescind the Council's previous action allowing the Lion's Club monument to be placed on the Plaza. Councilman Francis seconded the motion which carried 6 ayes, 0 nays. Mayor Graham announced the next item was review and approval of the Industrial Sewer Use Ordinance. He called upon local industry representatives for comments relative to BOD limit requirements and proposed surcharges for extra strength sewage. Mr. Perry Fisher, representing Merico, stated his firms preference for an ordinance without a BOD maximum limit and requested information on surcharge rates. He stated their willingness to pay a fair share of waste treatment expense. Councilman Fisher entered the chamber and assumed his chair. James Anderson, representing Sesame Products, stated their operation is the same today as it was 29 years ago and that they have a pretreatment process involving screening. They have a high BOD at time and don't mind paying a reasonable r� V surcharge if it is cost of treatment related. He went on to say that they are working on a recycling water system which will have no flow into the sewer system. John Buss, I & I Life of Plant" a Edward Herman of stated that from limits should be Project Engineer, explained the "Shortened spect of the sewer charges. Campbell's Soup and Merl Adams of Merico, both an industrial point of view, no maximum BOD established. Council Discussion followed and it was a consensus of opinion that the ordinance should not contain a maximum BOD limit and that surcharges should be based on actual cost to treat including debt service on the plant. ORDINANCE NO. Z � %-5 -0 « was presented. A motion was made by Councilman Wilson to approve the ordinance with the discussed changes. Councilman McWaters seconded the motion which carried 6 ayes, 1 nay. Councilman Francis voting nay. Councilman McGee left the meeting at this point. Mayor Graham declared the regular session closed and the executive session open. The Council discussed pending legal actions with the City Attorney and the executive session was closed and the regular session was opened. A motion was made by Councilman Wilson to authorize the preparation of plans and specifications for a trash collection station to be located on existing City property. There being no further business to consider, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: JOE N. MCCOLLUM, ACTING CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL March 14, 1983 The City Council of the March 14, 1983, 7:00 P. Graham called the meeti W. C.Francis, Donald G. F. Williams, and George David Doty, City Clerk, City of Paris met in regular session, Monday, M. in the Council Room of City Hall. Mayor ng to order with the following Councilmen present: Wilson, Larry McGee, Gene McWaters, Jr. Walter Fisher, Jr. Also present were City Manager H. C. Greene, and T. K. Haynes, City Attorney. Prayer was offered by Dr. Raymond Armstrong. Prior to proceeding with the Agenda, Mayor Graham presented a plaque of appreciation to John Buss, Director of the Infiltration /Inflow Sewer Project for his efforts on that project. A motion was then made by Councilman Wilson, seconded by Councilman Fisher authorizing the preparation of a Resolution commending John Buss and the Staff for their work on the project. The motion carried 7 ayes, 0 nays. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham declared the public hearing open on the petition of James Marshall for a change in zoning from a Commercial District to a Light Industrial District on Lots 9, 10, 11, 12, 13, and 14, Block 1, Smith's First Addition located on the south side of W. Center St. 100 feet east of 10th N. W. Mayor Graham called for proponents to appear, and none appeared. Mayor Graham called for opponents to appear and Mr. Charles Waldrum, Attorney, representing Merico appeared requesting the denial of the petition. Mayor Graham declared the public hearing closed and an ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A LIGHT INDUSTRIAL DISTRICT (LI) ON LOTS 9, 10, 11, 12, 13 AND 14 BLOCK 1 SMITH'S FIRST ADDITION, ON PROPERTY BELONGING TO JAMES MARSHALL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); AND DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT (LI) SO ESTABLISHED. was presented. A motion was made by Councilman McGee, seconded by Councilman Wilson to deny the zoning and deny the passage of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of McKnight and Vaughn for a change in zoning from an Agricultural District to a One Family Dwelling District No. 2 on a 3.48 acre tract of land located on the south side of the Texas and Pacific Railroad at the west end of Bella Vista Drive. No one appeared in favor or in opposition of the requested zoning and the public hearing was declared closed. ORDINANCE NO. 2-67 -9 -Ofd 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) ON A 3.48 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF THE TEXAS AND PACIFIC RAILROAD AT THE WEST END OF BELLA VISTA DRIVE., ON PROPERTY BELONGING TO MCKNIGHT AND VAUGHN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson, seconded by Councilman Fisher approving the Ordinance. The motion carried 7 ayes, 0 nays. Director of Community Development, Joe McCollum appeared before the Council explaining the Planning and Zoning Commission's recommendation for approval of a policy concerning curb and gutter. The policy recommended as follows: "Subdivider is required to install curb and gutter along the subdivision side of an existing street under the following conditions as determined by the City Engineer." I. Curb and gutter can be designed and installed at a grade and section that corresponds to the existing street or in case of a major thoroughfare, to the master plan proposed section. 2. Curb and gutter can be designed and installed at a grade and section that is compatible with the existing drainage system along the street. If the above criteria cannot be met, then waiver of the curb and gutter requirements is in order. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Francis to approve the policy as recommended. The motion carried 6 ayes, 1 nay, Councilman Wilson voting nay. Director of Community Development, Joe McCollum. presented a re -plat of Lot 14, City Block 193. A motion was made by Councilman Williams, seconded by Councilman McWaters approving the replat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mr. McCollum presented was made by Councilman approval of the replat The motion carried 7 a Mr. McCollum presented Estates Phase 2. a replat of Lot 1, City Block 309. A motion Fisher, seconded by Councilman Wilson for subject to the approval of the City Engineer. yes, 0 nays. ; a replat of Lot 7, 8, and 9, Block B Springlake Councilman Wilson requested to be excused because of conflict of interest. A motion was made by Councilman Fisher, seconded by Council- man Mclaters excuising Councilman Wilson. The motion carried 6 ayes, 0 nays, and Councilman Wilson removed himself from the Council Chambers. A motion was made by Councilman McWaters, seconded by Councilman Williams for approval of the replat subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mir. McCollum presented the final plat of Springlake Estates Phase 3. A motion was made by Councilman Williams, seconded by Councilman McWaters for approval of the replat subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Councilman Wilson entered the Council Chambers and assumed his chair at the Council table. Mr. McCollum presented the final plat of Golden Oaks Subdivision. A motion was made by Councilman McWaters, seconded by Councilman McGee for approval of the replat. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Wilson, seconded by Councilman McGee to table the next item on the agenda, that being concerning definition of Off Street Parking Space in the Zoning Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham requested the Council's consideration of a previously authorized Ordinance to close an alley. ORDINANCE NO. 2-& - S3-01 q AN ORDINANCE CLOSING THE ALLEY, BEGINNING APPROXIMATELY 154.3 FEET SOUTH OF THE SOUTH BOUNDARY LINE OF KAUFMAN STREET AND RUNNING SOUTH FOR APPROXIMATELY 70 FEET, SOMETIMES REFERRED TO AS 4TH STREET S. E. AND SOMETIMES REFERRED TO AS AN ALLEY; DECLARING NO NECESSITY OR NEED OF SAID ALLEY FOR CITY USE OTHER THAN FOR A UTILITY EASEMENT, WHICH IS EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 14, 1983. was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2-� authorizing the Mayor to the First Baptist Church for the alley 2650 was presented. A motion was made by by Councilman McWaters for adoption of the carried 7 ayes, 0 nays. to execute a quit claim deed described in Ordinance No. Councilman Williams seconded Ordinance. The motion NO. 0 j ELRLAS, : t: hes �E{t t0 the ;attention Of the lty COU ?7L�' O t(ie C_. -`J O1. ' 17 til i there i.: en allE'y, beginning approximately: :i,Z4.3 feet Sough of the South iboundary li e of Kaufman Street and running South for l appro.cimately i0 feet, sometimes referred to as 4th Street S. and sor:jctimes refer red to Is jj; <(j.lcy; a;ld, 4?HEREAS , i : lids l;cell called to the attention of the Cite Council that th(> ! lcy is not desired by the property owner adjacent to said ._.' -ley, but that said alley is of use and necessary to the City- of Paris and its citizens for utility easement purp-,ses; NOW, TBIEREFORE, BE IT FUP.THER RESOLVED, that the City of Paris retain a utility easerient in the area to b(� described, in the above described quit claim deeds. Passed and adopted this 14th dpy of March, 1.983. .a 1j, / X 'TEST : lQ� i.; . G . U r C.: i c' , l :L t 'v c ,=APPROVED AS 0 "ORM : 77 `Jaynes , LIty Attorney -�___ 9 BE IT RESOLVED I?Y THE CITY CCUNCI' L OF THE CITY OF PARIS, that t. he Mayor of 11)e City of Y< -.ri s Joe Graham, be, and , he is hereby ruthori. %,ed to cxec "te ,I (mit- cl aiin deed to the alley being closed to the ad owners on eit;her side of said 7:,1.1 -ey, it n ppe,- "jacent r= t ,l �' Church l.;a ir:ing ghat: F':i__, B . ptistE the SOle and Only property owner adjacent to said al l e I; BE IT FUP.THER RESOLVED, that the City of Paris retain a utility easerient in the area to b(� described, in the above described quit claim deeds. Passed and adopted this 14th dpy of March, 1.983. .a 1j, / X 'TEST : lQ� i.; . G . U r C.: i c' , l :L t 'v c ,=APPROVED AS 0 "ORM : 77 `Jaynes , LIty Attorney -�___ 9 I OUIT CLAIM DEED STATE OF TEXAS § Kl:OV ALL I•II'II I Y THESE PRESENTS; COUNTY OF LAP AR § That tl_e CITE' :.,' PAI:7S , P,^ I.i ; , TE`X'AS , a municipal corporation, of Lamer County, Texas, acting by and through its Mayor, Joe Graham, duly authorized by Resolution No. 2243 , for and in consideration of the sum of TEN AND N70/100 DOLLARS ($10.00), cash, and other good and valuable consideration, to it in hand paid by FIRST BAPTIST CHURCH, of Paris, La.r.ar County, Texas, the receipt and sufficiency of which is hereby acknowledged, does by these presents, bargain, sell, release and forever quit claim unto the said FIRST BAPTIST CHURCH, its successors and assigns, all its -sight, title and interest in and to that certain tract or parcel of land situated in the County of Lamar and State of Texas, described as fellows, to -wit: SITUATED within the Corporate Limits of the City of Paris, County of Lamar, and State of Te. >as , part of the I.:1_-1cin Rattan Survey ,'r` 778 , and being a part of a 30 ft Lune now o�,,rned by the City of Paris; r BEGI14 -KING at an iron pin for corner at the Southeast corner of said Lane, said point beinb d the Northwest corner of a tract_ of land conveye L-4- First Bapti:,t Church Ly deed recorded in Vol. 628, Page 783 End the Northeast corner of a tract 01 land conveyed. said Church by deed recorded in Vol. 567, Page 929, said point also being an el corner of a tract of land conveyed the L.P. icCuistion Sanitarium Foundation by deed recorded in Vol. 630, Page 128, of the Deed Records of said County and State; THENCE South 86 Deg. 47 Min. West along the North Boundary Line of said tract as recorded in vol. 567, Page 929, and the South Boundary Line of said Foundation tract of land a distance of 30.1 feet to an iron pin for corner at the Southwest corner of said Lane; THE^iCE North along; the blest boundary line of said L:ine a distance of 69.6 feet to an iron pin for corner, THENCE North 85 Deg. 29 Min. East a distance of 30.1 feet to an iron pin for corner, said point beint, South a distance of 154.3 feet from the Sou'L-h boundary lime of Kaufman Street; TFE C E South alon(, the East Boundar?, line of s�:.d 'Lnne di_:since of 70.3 feet to the place of E e�innlr; ; _ncl containin 0 . 048 acres of land. determined by an ac =ual _,,ir 2y on the ground -Dy T. 1M. Nelson, Registered I ".lblic Surveyor i'Io. 4GZ c -: the' 10th ('a, o Aurus,v , 1 c � };_. >AVE ANll i�: {CI?PT t utility ULlSe III Cnt is retained by Grantor to the abovc .Iesci:ibed property, which utility easement gives the rioiit ,ii-,d privilelgc; to Grantor of placing utilities above, on and over said ezaSemer_t and the right 1�o r:aintain any and all utilities placedi, - herein. TO HAVE AND TO BOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said FIRST BAPTIST CHURCH, its successors and assigns forever, so that neither it, the said CITY OF PARIS, PARIS, TEXAS, nor its successors or assigns, nor any other person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the afores� -id premises or appurtenances, or any part thereof. k%1ITNES;> its hand this 14th da-y c:f March, 19 83. CITY OL' PARIS, PARIS, TEXAS BY: ,,ce Graham, Mayor i , ^\TTES`l': JIT C-.- Gftene, City C el -Te STATE Of' TE,,L`iS § COUIJ l Y OF LA1,11A 1 § BEFORE liE, the undersigned authority, on this day , orsonally appeared dOE GRAHA14, Mayor o f. the City of Paris, ,, Pa2 "1S , Texas, kncvrn to ine to be the person whose name is subscribed to the foregoing instrument, and acknowledged to In(- that he executed the same for the purposes and consid- oration therein expressed, and in the capacity therein Stated. GIVEN UNllER MY 11,AND APD SEAL OF OFFICE, this 14th day ()i N;)r h, 1983. .i'.; 14 -nager Doty recommended that petitions received for re- zoning :cu unL11. after the executive session. 1 a Mayor requested the Council's consideration of a previously authorized Ordinance for a No Parking Zone of the east side of 2nd Street S. E. between Clarksville and Lamar Ave. ORDINANCE NO. 2-65 -1 '- 85 -O)�j 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 (c) OF SECTION 29 -112 OF SAID CODE; ESTABLISHING 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 DATE OF APRIL 1, 1983. was presented. A motion was made by Councilman Francis, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mr. Chuck Devers appeared before the Council in behalf of A. G.Edwards & Sons Inc. requesting his firm consideration as a Fiscal Agent and Financial Advisor for future bond issues. City Manager Doty recommended that the Council receive proposals from any and all firms interested in performing Financial Advisor and Fiscal Agent for the City. Bill Flannary appeared in behalf of Mr. Wayne Stinson to discuss a drainage requirement of the preliminary plat of Morningside Addition Part 12. After hearing the problems, City Manager Doty recommended that Mr. Stinson and his Engineer and the City Engineer meet with the City Staff and the Council Drainage Committee and discuss the matter at a future date. On the request for authorization for bids for fuel storage tanks for the service area, City Manager Doty advised that in his opinion the item had been budgeted and approved by the City Council previously and this and future budgeted items need not be requested by the City Council to be advertised for bids. Mr. Weldon Slaton, President of the Lions Club appeared before the Council requesting authorization to place a Monument at Bywaters Park commemorating April 2, Tornado victims. After discussion, a motion was made by Councilman Wilson, seconded by Councilman McWaters approving the request. The motion carried 5 ayes, 2 nays, Councilman Fisher, and Councilman McGee voting nay. Mayor Graham called for receipt of tabulations of bids for six vehicles for the Police Department, and the following bids were presented: Delivery Date 60 -90 Days 60 Days 4 -6 Weeks 90 Days 20 -40 Days Bid Price Bid Price Without Trade -in Including Trade -in Allowance Trade -in Booth Motors, Inc. $54,825.60 $10,100.00 $44,725.60 Glass Motors, Inc. 62,416.08 10,750.00 51,666.08 Kosterman Motor Inc. 55,649.64 none 55,649.64 Lowry Chevrolet, Inc. 54,955.00 7,026.00 47,929.00 McDougall Olds. 54,717.96 15,550.00 39,167.96 Delivery Date 60 -90 Days 60 Days 4 -6 Weeks 90 Days 20 -40 Days ._f It was recommended that the low bid of McDougall Olds - Cadillac Inc. be approved in the amount of $39,167.96. A motion was made by Councilman Wilson, seconded by Councilman McGee to approve the bid of McDougall Olds - Cadillac Company. The motion carried 7 ayes, 0 nays. Mayor Graham called for the tabulation of bids for the construction of two bridges on Fitzhugh Ave., and the following bids were presented: Richard Drake Const. Co. $16,998.84 Route 1, Arthur City, Texas B & B Equipment Company $19,684.00 P.O. Box 517, Paris, Texas Heuberger, Inc. $33,844.00 P.O. Box 772, Paris, Texas It was recommended that the bid of the Richard Drake Construction Co. be accepted and approved in the amount of $16,998.84. A motion was made by Councilman Fisher, seconded by Councilman Williams approving the bid of the Richard Drake Construction Company. The motion carried 7 ayes, 0 nays. Resolution No. 244- authorizing David H. Doty, City Manager, to execute for and on behalf of the City of Paris project, applications, filing them in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act and to provide to the State and Federal Disaster Administration, Department of Housing and Urban Development all required matters pertaining to any Federal Disaster Assistance was presented. A motion was made by Councilman Williams, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 7 ayes, 0 nays. I t«SOLJTIOid rC). 2244 S3 -010 WHEREAS, the City Council_ of the Ci.t_y of Paris did heretofore on the 1.4th d,_av of ,'�pril, 1 ±82, imss Resolution ?160 authorizing Robert W. Soko11 to -ack.riowledge on behalf (f tj?e City Of P a1 "ls Or (C( Jain- " Wi Lh the State of Texas and ','ederal Emergency Mana};ec,icLit Assoc i_ation with regard to reimbursement for April 2, 1982 tornado related expendi- tures; and, WHEREAS, Robert W. Sokoll has been succeeded as City 14ianager of the City of Paris by David H. Doty and it is :appropriate that he be authorized to acknowledge on behalf of the Citv of Paris in dealing with the State of Texas and Federal Emergency Management Association with regard to reimbursement for April 1982 tornado related expendi- tures; NOW, THEREFORE, BE IT RESOLVED BY THE C %TY COUNCIL OF THE CITY OF PARTS, that David H. Doty, City M-nnager, , is hereby au- thorized to execute for and in b'ehaif of the City of Paris, public entity (-: tablisi,ed under the ±.aws of the State of licoti-ons and to file them in the appro- Pe as, project app j>> .irate State office for the purpo,;c of obtainin(; certai-rl L'_'�1hI:11 finF.nclal assi st;lnce Disaster Relief Act OI _il(.'r11 ' available �rOil i.fi?lic Law )i)8, 93rd Cop"1 _h: President's Disaster Relief Fund. BE IT FURTHER RESOLVED, that the City of Paris, a Public entity established ur;der the laws of the State of TeXcis, hereby' authori<:es its agent, David H. Doty, to provide to the State and to the Federal Disaster Assistance Adlni_nistration (FDAA), Department of housing and Urban Development (HUD) for all required matters pertaining to _ such Federal disaster assi st;. -nce. Passed and adopted this 14th day of lurch, 1983. ATTEST . i AC— S(>e dam, Mayor .___J A request of Margaret Hudson for water service from the Lamar County Water Supply Corporation on F. M. 1510 in the gray area was presented with recommendation that the service be approved. A motion was made by Councilman Williams, seconded by Councilman McWaters to approve the request. The motion carried 7 ayes, 0 nays. A request was presented from Glenn Watson for water service from the Lamar County Water Supply Corporation on F. M. 1497 in the gray area. A motion was made by Councilman Wilson, seconded by Councilman McWaters to approve the request. The motion carried 7 ayes, 0 nays. ';�3 -01� Resolution No. z''2-4.5 re- appointing Dr. Rick Casey, Mrs. Robert Norment Dr. Richard Bercher, and Dr. Wallace Kraft and the appointment of J. H. Blankinship to serve as members of the Advisory Board of Health of the City of Paris and Lamar County for two year term beginning January 1, 1983 and ending December 31, 1984 was presented. A motion was made by Councilman McWaters, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. RESOLUTION NO. 22245 S,� -01/ WHEREAS, the City Council of the City of Paris, Paris, Texas, did on the 13th day of December, 1982 pass Resolution No. 2224, and the same should be amended to read as follows: "WHEREAS, the terms of office of Dr. Pick Casey, James Deatherage, Mrs. Robert Norment, Dr. Richard Bercher, and Dr. Wallace Kraft as members of the Advisory Board of Health of the City of Paris and County of Lamar, expired on December 31, 1982; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, with the advice of the County.Judge of Lamar County, Texas, does hereby recommend the re- appointment of Dr. Rick Casey, Mrs. Robert Norment, Dr. Richard Bercher, and Dr. Wallace Kraft, and the appointment of J. H. Blankinship for a term Of two (2) years, beginning January 1, 1983, and ending December 31, 1984; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of Dr. Rick Casey, Mrs. Robert Norment, Dr. Richard Bercher and Dr. Wallace Kraft, and the appointment of J. H. Blankinship to serve as members of the Advisory Board of Health of the City Paris, and County of Lamar for a term of two (2) years, beginning anuary 1, 1983, and ending; December 31, 1984, be, and the same are hereby approved and confirmed by the City Council of the City of Paris." Passed and adopted this 14th day of March, 1983. J e Graham, Mayor ATTEST: oe H. C. G eene, City Clerk APPROVED AS TO FORM: K. aynes,7City Attorney Approved by the CojL'•AisSi_Oners Court: by adoption of the ,:boN,e resolution on the 28 day of March -4531, as reflected in BooF -- 24 , Page _ 211 , of the ..inures of said Cornmissicners CourE. i Br Fi -7 if =r, lT Judge Mayor Graham called for a report from the Committee appointed to study the req,,es+ of the Lamar County Water Supply Corporation for a 6 inch water line crossing city property at the Cox Field. Councilman Wilson made a recommendation that the following conditions to be presented to 'he Lamar County Water Supply Corporation: That a 6 inch water tap e provided for the City of Paris at no cost; That no additional uston ►ers be granted service on the proposed line without City approval ut the line west of Cox Field; That in the event the City of Paris annexes property in the vicinity of the line that all lines west of Cox Field Road and Highway 271 will be given without cost to the City. The City Attorney was authorized to prepare the necessary agreement. Mayor Graham announced that the City would go into executive session and the regular session was declared closed, and the executive session open. Disucssion was had with the City Attorney on legal matters. The executive session was declared closed and the regular session open. There being no further business, the meeting was adjurned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE , CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 21, 1983 The City Council of the City of Paris met in special session, Monday, 'larch 21, 1983, 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G Wilson, Gene McWaters, and George Fisher, Jr., Also present were City Manager, David Doty, City Attorney, T. K. Haynes, and H. C. Greene, City Clerk. City Manager Doty requested authorization to purchase a non - budgeted replacement box for a Dump Truck assigned to the Public Works Division. Mr. Doty explained that the purchase was an emergency item and that the lowest quotation was in the amount of $1,800.00. A motion was made by Councilman Fisher, seconded by Councilman Wilson to approve the request of the City Manager. The motion carried 5 ayes, 0 nays. Resolution No. �� 24 authorizing the Mayor to execute on behalf of the City of Paris a contract with Richard Drake DBA Richard Drake Construction Company for the Fitzhugh Ave. Drainage Project in the ai,►ount of $16,998.84 was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 5 ayes, 0 nays. I; _ SOI. -U ' OP; NO. �2�6 $3-01a WHERET.S, the City :council of the City of Paris, did at its regular meeting on February 14, 1983, approve the adver- t�sement for bids for furnishing all plant, labor, material, except precast reinforced concrete box section to be s-.7-,plied by the Owner, and equiUrr,ent and performing_ all work required for the installation of two (2) 10' x 5' x 30' box culverts on Fitzhugh Avcnu,. North of Clement Road and South o the Stillhouse Road interchange at Loop 286, Paris, Tc,x<:.s, entitled Fitzhugh Drainage Project, which bids were received until 10:00 o'clock A.M., Wednesday, March 9, 1983; and, WHEREAS, the best bid: for such ccM:truction was made b,, :ichard Drake d /b /a Richard Drake Construction Company, -oute 1, Arthur City, lc,:.a`, end he should be awarded the for such const.ruct_ic >n, .ind, WHEREAS, the form of cc•;:t.ract for such construction '.)rujcct is ,attached a,; I.xh.i -bit A, and :3uch for::i hould be approved; BE IT RESOLVED BY 'I'IiI• ('.:`i ", 'That he Lid o ` Drake, , /b /a Ri chard brake Ccns.truction Con,panv, fer _he Fitzhugh Avenue Drainage _,rc, ject, in the ari.ount of $l.(), x,98. 84, is hereby accepted and conditioned upon said ccntractor meeting all of the ter;:,: and specifications included in the bid documents; and, I'•h 7T FIIi'I'IiEI: IZI ?SOLVED ; `'l.at the ; i;.y or_ of the City of "cris, Joe Graham, be, Inca is 1- ,er(lby authori -ed and directed tc execute on behal_i- of the City of I'ar_is the contract for cItz hug h t'venue Drainage Project, upon the terms and crnditions and in the }_orm in Exhibit A attached ;tereto, with Richard, Drake, ci-b /a Richard Drake Construction ;.or,•.pan. . '_�,_isscd anI.; ac'.c,f tr.d t_Ii.i:. I >t �A .?arch, 1983. ,VT EST . I C. C7ree: c, , Ciity C " c I } 1.PPROVED AS "O FCRI,, : i'. K. Havnes, Cit Y ?\4-- n. , J,_-)c craha , P ayor -- -q r� 1 S'Irr A NDARD F01V IT OF A(a 1tEEINT1 N r :ls \dopk,d By `I'IJE ` E'XAS SE(."NON OF"I HE AMERICAN SOCIETY OF CIVIL ENGIM',ERS October 7, 1971 Hovised November 17, 1929 U'evised April 15, 19:32 I'Levised October 27, 1934 Revised October 19, 1945 Revised April 8, 1954 Revised April 21, 1960 Revised October 1, 1971 Approved as to Legal Form by Legal Counsel 'STATE OF TEXAS i COUNTY TY OF_ I..A 'iAr� - - -- j THIS AGREEMENT, made and entered into this 2lstday o 11arch , the CITE" OF PARIS PARIS TEXAS A. 1 l,ililli�I. �f the CouI1tV of l I. S '11;l , o , Joe Gr'111�7111 and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Richard Drake, d /b /a Richard Drake Construction Company of the City of Art h Ir Ci_Ly County of Lam,3r. and State of Texas Party of the Second Part, hereinafter termed CO:",TTRACTOR. WITNESSETII: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Install 10' x 5' Precast Reinforced Concrete Box Sections at two locations on Fitzhugh Ave., 30 linear feet at each site; and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Rich,_ird Babb, Interim City Engineer liorein entitled the FNGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions I)f the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a pert hereof and collectively evidence and constitute the entire contract. SF -1 0 by T. s.cUo . ASC. 1971 The CONTRACTOR hereby agrees to commence work within ten (10) days after the date % ritten notice to do so shall have been given to him, and to substantially complete the same calendar days %v!thin 30 #i�tg =c after the date of the written notice to commence work, subject to .such extensions of time as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and dad first above written. CITY OF PARIS, PARIS, TEXAS RICHARD DRAKE CONSTRUCTION COMPA Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR) A TEST: Joe Grahann, I "ayor H. C. Greene, City Clerk By ATTEST: SF -2 Richard Drake © by T.— S-d—. A" 1971 Councilman Williams entered the Council Chambers and assumed his chair at the Council table. Mayor Graham requested the Council's consideration of Ordinances encompassing recommendation received from the Traffic Commission. ORDINANCE NO. 2682 S`,� -Clip AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH(b) OF SECTION 29- 80 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00;REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 4, 1983 was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2694 83 -619 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 (c) OF SECTION 29 -112 OF SAID CODE; ESTABLISHING 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 DATE OF APRIL 4, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Francis for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Councilman McGee entered the Council Chambers and assumed his chair at the Council table. John Buss, Director of the Infiltration /Inflow Project for the City of Paris appeared before the Council and gave a report of sludge disposal for the new Wastewater Treatment Plant. City Manager Doty informed the Council of the successful negotation �. to settle the problem of drainage in the Morningside subdivision Part 12. There being no further business, the meeting was adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 31, 1983 The City Council of the City of Paris met in special session, Thursday, Niarch 31, 1983 at 3:30 P. M. Mayor Graham called the meetino to order with the following Councilmen present: W. C. Francis, Donald G, Wislon Gene McNaters, and Larry McGee. Also present were City Manager, David Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham advised the Council that the special meeting was called to consider a temporary permit for Jimmy Wrenn for aeronautical activities at Cox Field Airport. City Attorney Haynes advised the Council that the license for pilot training and agricultural spray operation had not been renewed for Jimmy Wrenn for the year 1983. Mr. Haynes advised that Mr. Wrenn's Attorney had informed him that he was filing suit against the City alledging that Mr. Wrenn had not received due process in refusal of the City to renew the license. Mr. Haynes advised the Council that the Airport Board had heard in their meeting all request for renewals of licenses for Cox Field operations, and that Mr. Wrenn had had an opportunity at that time to renew with the Board for renewal of the license. Review of Mr. Wrenn's permit was placed on the City's agenda with notice of meeting posted according to statute. Mr. Wrenn did not appear. City Attorney Haynes suggested a temporary permit be issued to Jimmv Wrenn for pilot training and agricultural spray operations with the provision that the City be held harmless; that Mr. Wrenn's Insurance Company specifically include the City of Paris as an additional insured. City Manager Doty recommended setting a date for the City Attorney to make a presentation to the City Council after investigation. After discussion, a motion was made by Councilman Wilson, seconded by Councilman McWaters to grant a temporary permit to Jimmy Wrenn for pilot training and agricultural spray operation for a period ending May 16, 1983. The motion carried 5 ayes, 0 nays. Mayor Graham announced that the City would go into executive session and the reqular session was declared closed and the executive session open. City Attorney Haynes discussed legal matters with the Council and pending suit aqainst the City. The executive session was declared closed and the regular session open. There being no further business, the meeting was adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: . GREENE, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 11, 1983 The City Council of the City of Paris met in regular session, Monday, April 11, 1983, 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G. Wilson, Larry McGee, Gene McWaters, Jr.,Walter F. Williams, and George Fisher, Jr. Also present were City Manager, David Doty, City Clerk, H. C. Greene, and City Attorney, T. K. Haynes. Prayer was offered by Rev. Thortonberry. Mayor Graham asked if there were any corrections to minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham announced the first order of business would be considera- tion of a Resolution commending the Infiltration /Inflow staff. Resolution No. 83 -013 commending the Infiltration /Inflow Engineering Staff for their performance in getting plans and specifications for the Sewer Program was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters. The motion carried 7 ayes, 0 nays. F_ESOLUT1O11 110. 83-013 WHEREAS, the City Council of the City of Paris is well aware of the outstanding job performed by City of Paris` in -house engineering design group for Step II of the City of Paris, Infiltration- inflow Project; and, WHEREAS, the staff of said Step II Design Group was headed by JOHN M. BUSS and consisted of JAMES T. KNUDSEN, KENNETH R. KRIVANEK, MATTHEW D. LYNCH, MARK THOMAS BURSON, RICHARD A. CROWDER, AND LINDA J. METCALF, and each should be publicly recognized for their outstanding performance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that JOHN M. BUSS, JAMES T. KNUDSEN, KENNETH R. KRIVANEK, MATTHEW D. LYNCH, MARK THOMAS BURSON, RICHARD A. CROUDER, AND LINDA J. METCALF, are hereby commended for the outstanding job performed in completing the design engineer- ing of Step II, Inf_i.ltration- Inflow project for the City of i'aris in a timely r anner. AND BE IT FURTHER RESOLVED, that a copy of this resolu- cion be delivered to each of said persons and a copy of the same be included in the personnel folder of each. Passed and adopted this 11th day of April, 1983. o e:� tram, Mayor .ATTEST: li. C . —Gr ene , City Clerk APPROVED AS TO FORM: i 1. K. aynes ity Attorney 7...J :'e=volution No 83 -014 commending Kathryn Condray Executive Director c` the Paris Housing Authority for her service with the Paris Housing Authority was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for-adoption of the Resolution. The motion carried 7 ayes, 0 nays. City Manager Doty requested the Council's consideration of a sludge disposal system for the Sewer Treatment Plant which involved a spray irrigation system. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Wilson approving the sludge disposal spray irrigation system. The motion carried 6 ayes, 1 nay, Councilman Francis voting nay. Concerning the Planning and Zoning Commission's recommendation, Mayor Graham called for a public hearing at the next regular Council meeting on the following petitions: Dorothy Mallison - Lots 15, 23, and 24, City Block 157 from a Multi - Family dwelling district No. 1 to a Commercial District (C) located on the west side of S. Main Street, 170 Feet South of Long Avenue; Darrell Coats - Lot 15, City Block 295 from Planned Development - Shopping Center to Planned Development - Housing or Community Unit Development located at 3315 Lamar Ave; Franklin J. Homer - Lot 1F -A, City Block 306, from Commercial District to a Commercial District and Specific Use Permit - Auto Fuel Sales located on the Southeast corner of N. Main Street and Stone Avenue; Don Oglesby - Part of Lot 35 -D, City Block 249 from General Retail District to General Retail District and Specific Use Permit - Auto Fuel Sales (49) a 140' x 140' tract located on the north side of Clarksville Street, approximately 850 feet east of Johnson Woods Drive. A motion was made by Councilman Wilson, seconded by Councilman McGee calling the public hearing May 9, 1983. The motion carried 7 ayes, 0 nays. T"-'...)- BESOT TION 140. 83 -014 WHEREAS, KATHRYN C. CONDRAY, did serve the Housing Authority of Paris as Executive Director from April 1, 1958 until date of retirement, March 31, 1983; and, WHEREAS, KATHRYN C. CONDRAY, did compassionately administer the mousing Authority of Paris' public housing sections during her tenure as Executive Director; and, WHEREAS, it is fitting and proper that KATHRYN C. CONDRAY be remembered for her outstanding service in her capacity as Executive Director; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that KATHRYN C. CONDRAY, be, and she is hereby commended for her outstanding service as Executive Director of the Housing; Authority of Paris, and that we do here and now extend to her our best wishes for an enjoyable retirement. Passed and adopted this 11th day of April, 1983. 0, J e Graham, Nlayor ATTEST: H. Cr Gr ene, City C e- iF APPROVED AS TO FORM: r K. aynes, qty Attorney Replat of Lot 3 -A, City Block 237 -A was presented. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Wilson to table and refer back to the staff for further study. The motion carried 6 ayes, 1 nay. A replat of Lot 4 -A, City Block 235 was presented. A motion was made by Councilman Wilson, seconded by Councilman Williams approving the replat. The motion carried 7 ayes, 0 nays. A replat of Lot 6, City Block 301 was presented. A motion was made by Councilman Williams, seconded by Councilman McGee for approval of the replat. The motion failed with 3 ayes, 4 nays, Councilman Francis, Councilman Wilson, Councilman Graham, and Councilman McWaters voting nay. A motion was made by Councilman Wilson seconded by Councilman McWaters to table the replat of Lot 6, City Block 301 and refer back to the staff. The motion carried 4 ayes, 3 nays, Councilman Francis, Council- man McGee, and Councilman Williams voting nay. The final plat of the Willowcrest Addition, Part 1 was presented to the Council. A motion was made by Councilman Fisher, seconded by Councilman Williams approving the plat. The motion carried 7 ayes, 0 nays. City Manager Doty advised the Council the Highway Department author- ization to establish a multi -way stop with red beacons only until an actuated signal could be installed at Pine Bluff at 20th N. E. City Manager Doty recommended that consideration of the matter be deferred and done as part of the forth coming budget. A motion was made by Councilman Williams, seconded by Councilman McGee to defer the matter and refer to the staff for study right turn lanes. The motion carried 7 ayes, 0 nays. Mayor Graham invited the Council's attention to recommendation of the Traffic Commission to place Children Playing Signs and Crosswalks on or near the south edge of Casa Bonita Apartments for north bound vehicles and another one near the north edge of Record Park for south bound vehicles. The motion included three crosswalks across 7th N. W. with one being on the north side of W. Cambell at 7th N. W., one being on the south edge of W. Henderson at 7th N. W., and one being on the north edge of W. Henderson at 7th N. W. A motion was made by Council- man Fisher, seconded by Councilman Williams approving the recommenda- tion of the Traffic Commission. The motion carried 7 ayes, 0 nays. On the recommendation of the Traffic Commission for no parking at 341 E. Houston Street, a motion was made by Councilman Fisher, seconded by Councilman Wilson authorizing the preparation of an Ordinance for the next regular Council meeting. The motion carried 7 ayes, 0 nays. City Manager Doty concurred withthe Airport Advisory Board to allow portable hangars and discussed the site plan of the proposed area. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Wilson to allow construction of foundations for privately or,,,J hangars. The motion carried 7 ayes, 0 nays. Al ± further- discussion, a motion w,is made by Councilman Wilson SE !.Od by Councilman Williams to locate hangar space as designated bti ;Iie Airport Advisory Board. The motion carried 7 ayes, 0 nays. Discussion was had concerning tie down fees at the Municipal Airport. After discussion, a motion was made by Councilman Fisher, seconded by Councilman McGee to table the matter and refer to staff for study. The motion carried 7 ayes, 0 nays. Resolution No 83 -015 authorizing the City Manager to make application for an amendment to Water Rights Permit No. 646A and No. 2137 was presented. A motion was made by Councilman McGee, seconded by Council- man McWaters for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION 1,10. 83 -015 WHEREAS, the City Council of the City of Paris is aware of the fact that the City of Paris serves customers located in the Sulphur River Basin with water derived from the Red River Basin and such service should be authorized and reflected in permits issued by the Texas Department of Water Resources; and, WHEREAS, the City Council of the City of Paris is desirous of amending; permits number 646a and 2137 to reflect the transbasin diversions from the Red River Basin to the Su i phur River Basin; NOU' , THEREFORE" BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that David H. Doty, City Manager of the City of Paris, be; and he is hereby authorized and directed to execute in behalf of the City of Paris the amendment to Texas Department of IJater Resources permits number 646a and 2137 providing for transbasin diversion of water from Red River Basin to Sulphur River Basin with partial discharge therein and partial return flow to Red River Basin. AND BE IT FURTHER RESOLV D, that said City Manager be, and he is hereby authorized to furnish and execute any communications, documents, assurances, and other related items necessary for the procurement of said amendments. Passed and adopted this 11th day of April, 1983. 06-u-"�LL J e Gra am, Mayor ATTEST: H. Cr .ene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney %r L Re olution No. 83 -016 authorizing the City to enter into a contract with Barney Bray III DBA B & B Equipment Company for landfill service wa, presented. A motion was made by Councilman Fisher, seconded by r ilman McWater for adoption of the Resolution. The motion carried y•,�, , 0 nays. WHEREAS, the 1- eping with its c to comply with the enumlerated In its through its staff I1I, dba, B & B services; and, RESOLUTION' IO. 83 -016 City Council of the City of Paris in �omrlitment to make every effort available Texas Department of lleal.th's requirements l.c t.t_i r of February 11, 1983, has, acting procured the agreement of Barney Bray, Equipment Company to provide landfill 1tigIEREAS, the City Council is of the opinion that the L)est interest of the citizens of Paris will be served by negotiating a firm contract with Barney Bray, III, dba, B & B Equipment Company to provide landfill services upon the terms and conditions set out in E::hibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Joe Graham, Mayor, be, and he is hereby author- ized and directed to execute on behalf of the City of Paris, the contract with Barney Bray, III, dba. B & B Equipment Company in the form of Exhibit A attached hereto, which provide perimeters for negotiating a final contract for landfill services. Passed and adopted this 11th day of April, 1983. 0 1 J e Ura am, Mayor ATTEST: H. re ne, City Clerk ,', PPROVED AS TO FORM: d T. K. lla es,- City Attorney ?ution No 83 -017 authorizing the National City Managers Associa- cn Retirement Association to administer a deferred compensation plan for City employees was presented. A motion was made by Councilman seconded by Councilman McGee for adoption of the Resolution. ;pion carried 7 ayes, 0 nays. RESOLUTION NO. 83 -017 WHEREAS, the City Council of the City of Paris has been made aware of the Deferred Compensation Plan offered by the International City Managemcnt Association Retirement Corpo- ration; and, WHEREAS, the same can be made available to the employ- ees of the City of Paris without cost to the City of Paris; and, WHEREAS, the form of contract for making such plan available to said employees 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 Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract with International City Management Association Retirement Corporation upon the terms and conditions set out in Exhibit A attached hereto, making the deferred compensation plan offered by said corporation available to the employees of the City of Paris. Passed and adopted this 11th day of April, 1983. (J't� Aivylv J e Graham, Mayor ATTEST: H. r ene, City tferk APPROVED AS TO FORM: aynes, -City Attorney MUM, Plans and specifications for apron and fuel storage tank approval. A motion was made man Williams to approve the The motion carried 7 ayes, 0 improvements at Cox Field involving an was presented to the Council for their by Councilman McGee, seconded by Council plans and specifications as presented. nays. Discussion was had on changing the fiscal year from July 1st to October 1st and after discussion, ORDINANCE NO. 83 -018 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING SECTION 2 -3, PROVIDING FOR THE CITY'S FISCAL YEAR TO BEGIN OCTOBER 1, AND END SEPTEMBER 30; AND PROVIDING FOR AN INTERIM FISCAL YEAR TO BEGIN JULY 1, 1983, AND END SEPTEMBER 30, 1983; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 11, 1983. was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. City Manager Doty discussed wit hthe Council the possibility of changing the trash collection from a bi- weekly one to a weekly collection, and recommended that the City go in an experimental situation by starting a weekly collection in June. After dis- cussion, a motion was made by Councilman Fisher, seconded by Counil- man Williams approving the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. Di�cussion was had on the hazards involved in the Old City Water Well south of the railroad track and east of the Jr. College campus. Estimates was provided on various methods of securing the Old City Well Site. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Williams authorizing bids on the 6 foot fence with barbs. The motion carried 7 ayes, 0 nays. City Manager Doty requested the Council's consideration of an Ordinance increasing the Water and Sewer Rates, and advised the increases were necessary in order to meet requirements for a new bond issue concerning the Infiltration /Inflow Project and issuance of new bonds. After discussion, ORDINANCE NO. 83 -019 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 31 -18(a) AND (b); REPEALING SECTION 31 -18 (e); REVISING SECTION 31 -19 (b), (c), AND (d), SECTION 31 -20, SECTION 31 -26; AND ADDING SECTION 31 -29; PROVIDING FOR THE REVISION OF THE WATER AND SEWER RATES AND SERVICE CHANGES; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1983. was presented. A motion was made by Councilman McWaters, seconded by Councilman McGee for adoption of the Ordinance. The motion carried 4 ayes, 2 nay, one abstaining. Councilman Fisher, Councilman Williams voting nay, and Councilman Francis abstaining. i City Manager Doty presented Mr. Jeff Hoog's resignation from the Planning and Zoning Commission in that Mr. Hoog has been elected to the City Council. A motion was made by Councilman McGee, seconded by Councilman Fisher to accept the resignation. The motion carried 7 ayes, 0 nays. Resolution No 83 -018 appointing Dwight Woolston to serve the unexpired term on the Planning and Zoning Commission created by Jeff Hoog's resignation was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION 110. 83 -018 WHEREAS, there exists a vacancy on. the membership of the Planning and Zoning Commission of the City of Paris due to the resignation. of Jeff Hoog, and it is necessary to appoint his successor, and the tlayor of the City of Paris, Joe Graham, having appointed Dwight Woolston to serve the unexpired term of Jeff Hoog, which ends June 30, 1985, and has submitted the nzme of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: That the appointment of Dwight Woolston, as a member of the Planning and Zoning Commission of the City of Paris, to serve the unexpired term of Jeff Hoog, which ends June 30, 1985, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 11th day of April, 1983. J e Graham, 1Iayor ATTEST: EI. C . Gre ne , Cit Clerk APPROVED AS TO FOPS1: T. K. Haynes, City Attorney Mayor Graham announced that the Council would go into executive session, and the regular session was declared closed, and the executive session open. Discussion was had with the City Attorney concerning contractual matters. The executive session was declared closed and the regular session open. Mr. Glenn Watson appeared before the Council requesting waiver of curb and gutter and street specification on sub - division outside the City limits south of the City of Paris. After discussion, a motion was made by Councilman Williams to allow Mr. Watson deviation from the City's Sub - division Ordinance. The motion died from lack of a second. 40*MMWWMWAW_4zc�� —1 11 Mr. Mark Jones appeared before the Council requesting waiver of curb and gutter and specifications on streets for a sub - division planned outside the City limits, and in the extra territorial jurisdiction. Mr. Jones stated that the street would have a 6 inch base with a two inch topping of asphalt, a 6 inch water line would be provided for fire protection, and stated that some of the lots would havea 750 foot front. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Fisher to refer back to the staff for further recommendations as to lot sizes. The motion carried 4 ayes, 3 nays, Councilman Williams, Councilman McGee, and Councilman Francis voting nay. City Manager Doty requested the Council to set a meeting to interview Engineering Firms for the preparation of the City Solid Waste Transfer Station. Mayor Graham set the meeting for the 18th at 5:15 P. M. Mayor called for the tabulations of bids for two 10,000 gallons under- ground fuel tanks to be installed in the service area, and the following bids were presented: Smith Tank $5,826.28 Delivery Time 14 days Paris Pump $6,200.00 10 days Chenco Inc. $5,998.00 14 days Dallas Pump Sev & Sup. $5,344.20 30 days A motion was made by Councilman Fisher, seconded by Councilman Williams to accept the low bid of the Dallas Pump Service & Supply Company in the amount of $5,344.20. The motion carried 5 ayes, 2 nays, Councilman McGee, and Councilman Williams voting nay. There being no further business the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 13, 1983 The City Council of the City of Paris met in special session, Wednesday, April 13, 1983 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: W. C. Francis, Donald G. Wilson, Gene McWaters, George Fisher, Larry McGee, and Walter F. Williams. Also present were City Manager Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. I Mayor Graham announced that the meeting was called for the purpose of canvassing the returns of the election held on April 2, 1983, and in compliance with the City Charter. Mayor Graham called for the canvass of the returns of the Election and returns from Ward Four, Five and Seven were presented. Resolution No. 83 -019 declaring Joe Graham elected in Ward Four, Nathan J. Bell in Ward Five, and Jeff Hoog elected in Ward Seven was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RIsSOLUTION NO. 83 -019 WHEREAS, an election was held by the qualified voters of Wards 4, 5, and 7 of the City of Paris, Paris, Texas, on the 2nd day of April, 1983, for the purpose of voting for and electing the Councilmen from each of said Wards to serve as members of the City Council for the ensuing two (2) years, to -wit: 1. Councilman From Ward Four (4) 2. Councilman From Ward Five (5) 3. Councilman From Warci 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 oi: Texas wherein they do not conflict with said Order, such election was conducted :,nd held at three (3) specified and designated polling places, that is one polling place in Ward 4, 5, and 7 of the City of Paris, Paris, Texas; and, WHEREA' , sealed returns of said election, mtic',-- by the duly appointed and designated election officials of and for the three (3) respective voting boxes, have been made to the Mayor and City Council of the City of Paris, as required by law, which returns after duc and deliberate review and canvass thereof, show the following results of said election, to-wit: (1) IN WARD FOUR (4) A TOTAL OF 14 VOTES WERE CAST FOR COUNCILMAN FROM WARD FOUR (4) AS FOLLOWS: Joe Graham Write -In Candidates 14 votes; 0 votes. (2) IN WARD FIVE (5) A TOTAL OF 81 VOTES WERE CAST FOR COUNCILMAN FROM WARD FIVE (5) AS FOLLOWS: Nathan J. Bell John Pierce Write -In Candidates 59 votes; 21 votes; 1 votes. (3) IN WARD SEVEN (7) A TOTAL OF 189 VOTES WERE CAST FOR COUNCILMAN FROM 14ARD SEVEN (7) AS FOLLOWS: Oswald Guilliams 28 votes; Jeff Hoog 1.20 votes; Brian Peterson 3 votes; Lorrin Scott 38 _ votes; Write -In Candidates 0 votes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that from the above and foregoing canvass of the returns of the votes in the three (3) respective voting boxes in such election, it is declared and determined that Joe Graham is the person receiving the highest number of votes of the votes cast at such election for Councilman From Ward Four (4), and is therefore elected to serve as Councilman From Ward Four (4) and as a member of the City Cov.ncil of the City of Paris for the ensuing two (2) years; th<:Lt Nathan J. ell i_:, the person receiving the highest nl.1111Ibcr of - votes (-)1'7 the votes cast at such election for Councilman From [,lard F9ve (5) , and is therefore elected to serve as Councilman I'rem Ward Five (5) and as a member of tile City Counci_1 o" the City of Paris for.. the ensuing two ( �_) years ; and thy] t_ lc .t z I1100F, is the person receiving the hi!�hest number of v,, t-c s of the votes gist at such election or Councilman From Ward Seven (7) , and is therefore elected to serve as Councilman From Wird Seven (7) and as a member Of the City Council of the City of Paris for the ensuing two (2) years. Passed and adopted b the City Council of the City of Paris in special sessLon convetied pursuant to the directions of the City Charter of the City of Paris, Paris, Texas, on this the 13th day of April, 1983. ATTEST: I. :7 Gr one, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney e uranarl, mayor RESOLUTION NO. 83 -020 WHEREAS, on the first day of January, 1959, Harold C. Greene was appointed Assistant Director of Finance for the City of Paris; and, WHEREAS, his considerable ability, consistent achieve - ment, and excellent job performance caused and allowed his promotion to the positions of Finance Director, City Clerk, and Assistant City Manager; and, WHEREAS, on three separate and prolonged occasions, Harold C. Greene has acceded to requests made by Councils of the City of Paris to serve as Acting City Manager in addition to his other responsibilities; and, WHEREAS, in all these activities he has well, truly and ably fulfilled his responsibilities; and, W11EREAS, such service to the Citizens, City Councils, end Employees of the City of Paris is unsurpassed; NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Harold C. Greene, be, and he is hereby commended and thanked for his dedication to the City of Paris; and, BE IT FURTHER RESOLVED that Harold C. Greene is hereby appointed ACTING CITY MANAGER EMERITUS of the City of Paris, Paris, Texas; and, BE IT FURTHER RESOLVED that a plaque be struck and suitably engraved witnessing this commendation and appoint- ment; and, BE IT FINALLY RESOLVED that Harold C. Greene hold himself constantly prepared to accept responsibilities of this position as may be required from time to time by future City Councils of the City of Paris, Paris, Texas. Passed and adopted this 13th day of April, 1983. J e Graham, layor ATTEST: �J�tmes�ilrcins ,inity Clerk APPROVED AS TO FORM: z� K.-, 11a9yes, ,1 t y Attorney — 4..0p 1 �1�' M: b�4^ x' vt: LYlds. M�- 1`!.' YWY11�N9, LkEJd�tlki :#nxff,.�,t�1!}4�di6it K�Y!etY'4�WeH0N..ctl�ASrt�u'� Y44 ua� . aryl. RESOLUTION NO. 83 -020 WHEREAS, on the first day of January, 1959, Harold C. Greene was appointed Assistant Director of Finance for the City of Paris; and, WHEREAS, his considerable ability, consistent achieve - ment, and excellent job performance caused and allowed his promotion to the positions of Finance Director, City Clerk, and Assistant City Manager; and, WHEREAS, on three separate and prolonged occasions, Harold C. Greene has acceded to requests made by Councils of the City of Paris to serve as Acting City Manager in addition to his other responsibilities; and, WHEREAS, in all these activities he has well, truly and ably fulfilled his responsibilities; and, W11EREAS, such service to the Citizens, City Councils, end Employees of the City of Paris is unsurpassed; NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Harold C. Greene, be, and he is hereby commended and thanked for his dedication to the City of Paris; and, BE IT FURTHER RESOLVED that Harold C. Greene is hereby appointed ACTING CITY MANAGER EMERITUS of the City of Paris, Paris, Texas; and, BE IT FURTHER RESOLVED that a plaque be struck and suitably engraved witnessing this commendation and appoint- ment; and, BE IT FINALLY RESOLVED that Harold C. Greene hold himself constantly prepared to accept responsibilities of this position as may be required from time to time by future City Councils of the City of Paris, Paris, Texas. Passed and adopted this 13th day of April, 1983. J e Graham, layor ATTEST: �J�tmes�ilrcins ,inity Clerk APPROVED AS TO FORM: z� K.-, 11a9yes, ,1 t y Attorney — Prior to administering the oath of office to the new Councilman, Mayor Graham presented a plaquc in recognition and appreciation for 24 years service to H. C. Greene who had been Acting Interim City Manager prior to the hiring of David H. Doty on March 3, 1983. Also, Resolution 83 -020 was presented declaring Harold C. Greene Acting City Manager Emeritus comending him and expressing the appreciation of the City Council for his dedication to the City of Paris. A motion was made by Councilman Fisher, seconded by Council- man Wilson for adoption of the Resolution. The motion carried 7 ayes 0 nays. City Judge, Cedric Townsend, administered the oath of office to Joe Graham, Ward Four, Nathan J. Bell, Ward Five, and Jeff Hoog, Ward Seven, and the new Councilmen assumed their seats at the Council table. Mayor Graham expressed the appreciation of the City Council and citizens of Paris for the services of W. C. Francis, and Larry McGee for their service on the Council. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 18, 1983 The City Council of the City of Paris met in special session, Wednesday, r-. April 18, 1983, 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., Walter F. Williams, George Fisher, Jr., Nathan J. Bell, Jeff Hoog. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, Director of Public Works, Dan Brotton, and Roy Luttrell, Sanitation Supervisor. In the absent of H. C. Greene, City Clerk, a motion was made by Councilman Williams, seconded by Councilman Hoog to appoint City Manager Doty as Acting City Clerk for purposes of the meeting of April 18, 1983. The motion carried 7 ayes, 0 nays. A motion was made by Councilman McWaters, seconded by Councilman Fisher to go into a workshop to interview potential Consultants for the Solid Waste Project now under way in the City of Paris. The motion carried 7 ayes, 0 nays. Representives of Black and Veatch Consulting Engineers, HDR Consulting Engineers, and Hunter Associates Consulting Engineers appeared before the Council and discussed their firms willingness and expertise in performing the duties of Consulting Engineer for the City of Paris for the Sanitation Transfer Station Project. A motion was made by Councilman Wilson, seconded by Councilman Bell to go into executive session for the purpose of discussing personnel policies. The motion carried 7 ayes, 0 nays. The regular session was declared closed and the executive session open. Personnel policies and personnel were discussed. The executive session was declared closed and the regular session open. A motion was made by Councilman Williams, seconded by Councilman McWaters to adjourn. The motion carried 7 ayes, 0 nays. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK r MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 29, 1983 The City Council of the City of Paris met in special session, Friday, April 29, 1983, 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., Walter F. Williams, George Fisher, Jr., Nathan J. Bell, and Jeff Hoog. Also present were City Manager, David H. Doty, City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of informing the Council of two communications received from the Environmental Protection Agency, Dallas, Texas. City Manager Doty reviewed administrative order and also a letter dated April 20, 1983 concerning industrial contributors to the Sewer System with the Council. City Manager Doty advised the Council that ever effort would be made in all good faith for the City to come into compliance with the City's permit for sewerage disposal. Mayor Graham announced that the Council would go into executive session to discuss personnel. The regular session was declared closed and the executive session open. Personnel and personnel policies were discussed. The executive session was declared closed, and the regular session open. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS H. C. GREENE, CITY CLERK J A MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 9, 1983 The City Council of the City of Paris met in regular session, Monday, May 9, 1983, 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., George Fisher, Jr., Nathan J. Bell, and Jeff Hoog. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. C. H. Pierson. After a request by Mayor Graham for approval of the minutes, Councilman Wilson requested correction of the minutes of April 11, 1983 concerning the replat of Lot 6, City Block 301 in that the minutes reflected that Councilman Wilson voted nay and should have read Councilman Williams voting nay. After the correction, the minutes were approved. Mayor Graham announced that nominations were open for Mayor for the City of Paris as provided by the City Charter. Councilman Wilson nominated Councilman Graham as Mayor and was seconded by Councilman Fisher. There being no other nominations, the vote was taken which showed 6 ayes, 0 nays, and Councilman Graham was again elected Mayor. Mayor Graham called for nominations for Mayor Pro Tem. Councilman Fisher nominated Councilman Williams which was seconded by Councilman McWaters. There being no other nominations, the vote was taken which showed 6 ayes, 0 nays, and Councilman Williams was elected Mayor Pro Tem. Miss Susan Campbell of McKinney, Texas appeared before the Council and discussed the Main Street Program. Councilman Williams entered the Council chamber and assumed his chair at the Council table. After the presentation by Miss Susan Campbell on the Main Street Program, a motion was made by Councilman Williams, seconded by Councilam Wilson authorizing the preparation of a Resolution commiting the City to make application for the Main Street Program. The motion carried 7 ayes, 0 nays. Mr. Douglass Carlow appeared before the Council requesting an appeal to the Planning and Zoning determination to deny a request for rezoning from Heavy Industrial District to a Heavy Industrial District and Specific Use Permit - Salvage Yard on Lot 5 & 6, City Block 5 of the Texas & Pacific Addition located at 1490 S. Church Street. A motion was made by Councilman McWaters, seconded by Councilman Bell to schedule a public hearing on the matter at the next regular Council meeting. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Dorothy Mallison for a change in zoning from a Multi- Family Dwelling District No. 1 to a Commercial District on Lots 15, 23, & 24, City Rlcok 157, located on the west side of S. Main Street 170 feet South on Long Ave. The Planning and Zoning Commission had recommended approval of the petition by vote of 4 ayes, 3 nays. Mayor Graham called for proponents to appear and Mrs. Dorothy Mallison appeared in her behalf. Mayor Graham called for opponents to appear and Mrs. Francis Ellis appeared in opposition. Joe McCollum, Director of Community Development, gave testimony concerning the Planning and Zoning Commission's hearing. Mayor Graham declared the minutes of April 4, 1983 Planning and Zoning Commission meeting be made a part of the Council minutes, which are attached to these minutes as Exhibit A. City Attorney Haynes questioned Mrs. Mallison as to the current use, that being residential property with present zoning of Multi- Family 1. A petition was presented to the Council of residents within and without the 200 feet area in opposition to the zoning. Mayor Graham declared the public hearing closed. A motion was made by Councilman Fisher, seconded by Councilman Wilson referring back to the Planning and Zoning Commission for their further consideration. The motion carried 5 ayes, 1 nay, and one abstaining, Councilman P1cWaters voting nay, and Councilman Bell abstaining. Mayor Graham declared the public hearing open on the petition of Darrel Coats for a change in zoning from a Planned Development Shopping Center to a Planned Development Housing or Community Unit Development on Lot 15, City Block 296 located at 3315 Lamar Avenue. Mr. Coats appeared before the Council in his behalf. Director of Community Development McCollum presented the minutes of the Planning and Zoning Commission, attached here to as Exhibit A, which showed recommedations for approval with certain noted site plan changes. No one appeared in opposition to the petition. Mayor Graham declared the public hearing closed and a motion was made by Councilman Fisher, seconded by Counciman Williams accepting the Planning and Zoning Commission's recommendations and to accept a 10 foot set back on the building line. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Franklin J. Homer for a change in zoning from a Commercial District to a Commercial District and Specific Use Permit - Auto Fuel Sales on Lot 1F -A, City Block 306 located on the S. E. Corner of N. Main St. and Stone Ave. Mayon Graham announced that the minutes of the Planning and Zoning Commission would be made a part of these minutes which showed recommendations for approval of the petition. (Planning and Zoning Commission's minutes attached as Exhibit A.) No one appeared in opposition and the public hearing was declared closed. i A motion was made by Councilman McWaters, seconded by Councilman Hoog for approval of the petition. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Don Oglesby for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit - Auto Fuel Sales on part of Lot 35 -D, City Block 249 located on the north side of Clarksville Street and approximately 850 feet East of Johnson Wood Drive. Councilman Wilson excused himself from the discussion because of conflict of interest. Mr. Larry Carrington appeared in behalf of the petitioner stating that a Convenience Store was planned for the area. Mayor Graham called for opponents to appear and none appeared. Mayor Graham announced that the minutes of the Planning and Zoning Commission would be included as part of the Council minutes, attached as Exhibit A, which showed recommendation for approval of the petition. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Hoog approving the petition with screening to be provided for the residential area. The motion carried 6 ayes, 0 nays, Councilman Wilson abstaining. ORDINANCE NO. 83 -020 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 OR COMMUNITY UNIT DEVELOPMENT (PD -b) ON LOT 15, CITY BLOCK 296, ON PROPERTY BELONGING TO DARRELL COATS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOPMENT DISTRICT - SHOPPING CENTER (PD -a); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - HOUSING OR COMMUNITY UNIT DEVELOPMENT (PD -b) SO ESTABLISHED. ORDINANCE NO 83 -021 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 - AUTO FUEL SALES (49) ON LOT 1F -A, CITY BLOCK 306, ON PROPERTY BELONGING TO FRANKLIN J. HOMER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) SO ESTABLISHED. ORDINANCE NO. 83 -022 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 DISTRICT (GR) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) ON PART OF LOT 35 -D, CITY BLOCK 249, ON PROPERTY BELONGING TO DON OGLESBY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR): AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams for adoption of the Ordinances. The motion carried 6 ayes, 0 nays, Councilman Wilson abstaining. The replat of Lot 3A, City Block 237A was presented to the Council and a motion was made by Councilman Wilson, seconded by Councilman Hoog for approval of the plat. The motion carried 7 ayes, 0 nays. Replat of Lot 6, City Block 301 was presented to the Council. A motion was made by Councilman McWaters, seconded by Councilman Williams for approval of the replat.- The motion carried 5 ayes, 2 nays, Councilman Wilson and Councilman Graham voting nay. Mayor Graham called for a public hearing on petition for re- zoning on the following petition, public hearing to be June 13, 1983: Dorothy Mallison - Lots 15, 23 and 24, City Block 157, south Main Street from FM -1 to Commercial; Douglas Carlow, Lots 5 and 6, City Block 5, 1490 S. Church St frc ! HI to HI and Specific Use Permit - Salvage Yard (41) ; D. Wayne Brown - Lot 2, City Block P, Morningside Est. Part 3 from SF -2 to SF -2 and Specific Use Permit- Recreational Facility - Private (12); Oak Creek Development - Part of Lots 2 and 3, City Block 319 - FM 195 area, from MF -1 & GR to SF -2; Gary Nash - Lot 3, City Block 205 - 21st & Kaufman N. E. Corner from SF -2 to GR; Gary Nash - Part of Lot 29, City Block 249 (East of Gibsons Store) from GR to GR and Specific Use Permit - Auto Laundry; Planning Commission - Lamar Ave. Frontage between Collegiate and 35th N. E. from SF -2 to Office, PD- Office, Pd- Shopping Center; Poss Long Lot 2, Block 1, Hayes Heights Addition 3025 Lamar from SF -2 to Office. A re -plat of Lot 10 and 10 -A, Block A of Jefferson Heights Addition was presented to the Council with recommendations from the Planning - and Zoning Commission for approval. Councilman Wilson excused himself from the Council room because of conflict of interest. After discussion, a motion was made by Councilman Fisher, seconded by Councilman McWaters approving the re -plat. The motion carried 6 ayes, 0 nays. Councilman Wilson entered the Council chambers and assumed his seat at the Council table. City Manager Doty presented a recommendation from Dick Boots, Director of Parks and Recreation to abolish the Parks & Recreation Advisory Board, stating that no major items had been referred to the Board during the past two years. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Hoog authorizing a Resolution be prepared abolishing the Parks & Recreation Advisory Board. The motion carried 7 ayes, 0 nays. Mayor Graham announced that an opening should be filled on the Visitors and Convention Council and requested that a Resolution be prepared appointing Councilman Bell as a representive of the Council on the Visitors and Convention Council. .i City Manager Doty presented a letter of understanding between Rauscher Pierce Refsnes, Inc. for the handling of the Advance Refunding Bonds. The Manager advised the action on the Refunding Bonds was urgent in that registration of Bonds was to commence on July 1, 1983 and would be a considerable increase in cost to the City on that date. A motion was made by Councilman Wilson, seconded by Councilman Hoog approving the letter of understanding. The motion carried 7 ayes, 0 nays. Resolution No. 83 -021 authorizing the Mayor to execute a contract with Hunter Associates Inc. for Engineering Services necessary to acquire a solid waste type five permit and developing plans and specifications for a transfer station was presented. A motion was made by Councilman Fisher, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 83 -021 WHEREAS, the City Council of the City of Paris in keeping with its commitment to make every effort available to comply with the Texas Department of Health's requirements enumerated in its letter of February 11, 1983, has, inter- viewed consulting engineering firms, after having solicited proposals, for the purpose of developing the engineering necessary to acquire a Solid Waste Type 5 Permit and to construct and place into operation a transfer station in compliance with the State of Texas Health Department criteria; and, WHEREAS, the City Council is of the opinion that the best interest of the citizens of Paris will be served by employing Hunter Associates, Inc. 5630 Yale Boulevard, Dallas, Texas, 75206 -5081 to provide such engineering services in accordance with the Professional Service Con- tract attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Joe Graham, Mayor, be, and he is hereby author- ized and directed to execute on behalf of the City of Paris, the Professional Services Contract with Hunter Associates, Inc, in the form of Exhibit A attached hereto. Passed and adopted this 9th day of May, 1983. ATTEST: H. G eene, City C er APPROVED AS TO ORM: K, ay es, City Attorney ai�Lu_lta"4� J e Graham, Mayor PROFESSIONAL SERVICE CONTRACT STATE OF TEXAS § COUNTY OF LANAR § That the CITY OF corporation, acting by hereinafter referred to 5630 Yale Boulevard, Da referred to as ENGINEER EXHIBIT "A" KNOW ALL MEN BY THESE PRESENTS: PARIS, Paris, Texas, a municipal and through its Mayor, Joe Grzham, as CTTY and HUNTER ASSOCIATES, TNC., Llas; Texas, 75206 -5081, hereinafter do contract and agree as follows: 1. The CITY wishes to procure and the ENGINEER desires to provide professional services for the purpose of acquiring a Solid Waste Type 5 Permit and to construct a transfer station in compliance with State of Texas Health Department criteria for which CITY agrees to pay as herein- after stated. �i 2. The professional services to be provided by ENGINEER are as follows: A. Preliminary Design- Permit Phase. (1) Attend conferences with CITY and other parties interested in the project. (2) Investigate alternative solid waste transfer system designs. Identify alternatives including cost estimates and make recommenda- tions to CITY as to the alternative most likely to satisfy CITY's needs. (3) Based on preliminary investigations identify a primary site for the project. (4) Obtain all necessary investigations, surveys and tests including, but not limited to soil and foundation investigations, which, in accordance with good engineering practices, .ire required for proper design of the project. / J (5) Prepare basic design and schematic layout for the facility. (6) Furnish CITY with the required number of copies of the preliminary data which shall include preliminary layouts, cost estimates and ENGINEER'S recommendation. (7) Submit an application to the State Health Department for a Type 5 Operation along with all technical.. information and engineering reports. (S) Attend public hearings conducted by the State to present evidence and represent CITY in the permitting process. B. Design- Permit Phase (1) Prepare detailed plans, specifications and contract drawings for the construction authorized by CITY. (?) Prepare detailed cost estimates and proposals _ for authorized construction. ENGINEER is not required to guarantee the accuracy of cost estimates. (3) Furnish CITY five (5) copies of approves; plans, specifications, notice to bidders, proposals and other documents that may be necessary for CITY to take bids on the project. (4) Assist CITY in advertisements of the project for bids. (5) Assist CITY in the opening and tabulation of bids for construction of the project. Make recommendations to CITY based on engineering considerations as to proper action to be taken. recornr_lend in writing final payment to the contractors. (7) Review contract drawings, with the assistance of the Resident Project Representative, to show the work as actually constructed. 3 C. Construction - Completion Phase (1) Assist CITY in the preparation of formal documents for contracts. (2) Consult and advise CITY. Issue all in- structions to the contractor requested by CITY and prepare routine change orders as I required. (3) Check and approve samples, catalog date, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other date which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents. (4) Make periodic visits to the site (as distin- guished from the continuous services of a Resident Project Representative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. (5) Prepare or verify monthly and final estimates for payments to contractors and furnish to CITY any necessary certifications as to payment to sub- contractors and suppliers. (6) Conduct, in company with CITY, a final inspection of the project for conformance with the design concept of the project and compliance with the Contract Documents, and recornr_lend in writing final payment to the contractors. (7) Review contract drawings, with the assistance of the Resident Project Representative, to show the work as actually constructed. 3 Furnish a set of reproducible prints of these revised drawings to the CITY. (8) Develop and provide CITY with a warrant /maintenance /operations manual in sufficient detail to satisfy CITY's needs. 3. ENGINEER will endeavor to guard CITY against defects and deficiencies in the work of Contractors; but does not guarantee the performance of their contracts. ENGINEER will furnish general supervision of the con- struction by periodic visits to the site by the project engineer or his representative from the office of ENGINEER. 4. Original documents, surveys, notes and tracings as instrument of service are the property of the CITY, whether the work for which they are made by executed or not. The ENGINEER will deliver to the CITY five (5) sets of plans and specifications and contract documents for construction. 5. CITY agrees to pay for professional services as follows: A. Direct Salary Costs. CITY will pay the direct cost of work actually performed on the project according to the rate schedule attached as Exhibit A and subject to limits established in Section F of this paragraph. Direct salaries as used herein is defined as the actual costs of salaries adjusted for sick leave, vacation, and holiday pay plus unemployment taxes, social security, workman's compensation, retirement and medical disability and life insurance benefits. B. Reimbursable Expanse. CITY will reimburse I ENGINEER for the actual purchase of goods and services which, in the opinion of the ENGINEER, are necessary to satisfactorily complete the project. Such reimbursement shall include, but not be limited to land surveys, soil and 4 foundation investigations, laboratory testing, boring, travel, meals and lodging. Goods and services provided by ENGINEER or by affiliated enterprises will not be reimbursed. The amount of reimbursable expenses will be subject to limits established in Section F of this paragraph. C. Overhead and Profit. After the satisfactory completion of each phase established in paragraph 2, CITY shall pay ENGINEER profit and overhead as in accordance with Section F of this paragraph. D. Cost Record. Record of all costs and charges associated with the project shall be maintained by ENGINEER. Adequate detail hourly time records of all employees who devote time to the work and whose salaries are in total or in part charged against the project will be separately maintained. These records together with paid receipts for all other charges will be available for inspection by CITY. E. Payment. ENGINEER will submit monthly detailed bills to CITY by the 15th of the month following service rendered. CITY will pay such bills within 10 days. F. Payment Limitations. Payment for direct salary costs, reimbursable expense, overhead and profit shall not exceed the following limits: (1) Preliminary Design - Permit Stage: Direct Salaries - $ 4,500.00 Expense Reimbursement - $ 11,000.00 Overhead /Profit - $ 3,500.00 (2) Design -Bid Phase: Direct Salaries - $ 4,000.00 Expense Reimbursement - $ 2,500.00 Overhead /Profit - $ 3,500.00 G1 f i J (3) Construction Completion Phase: Direct Salaries - $ 1,500.00 Expense Reimbursement - $ 4,500.00 Overhead /Profit - $ 5,000.00 6. CITY and ENGINEER each binds itself, its succes- sors, and assigns to this agreement and to the covenants herein contained. ENGINEER shall not assign, sublet, or transfer its interest in the., contract without the written consent of CITY. %. Phase I shall be completed by July 15, 1983; Phase II shall be completed within 60 days after receipt from CITY of notice to proceed; and Phase III shall be completed within 30 days after completion of construction. CITY shall have the right at its option, to either temporarily suspend or terminate this contract at any time before the date of completion. CITY shall promptly notify ENGINEER in writing the determination to suspend or terminate, and the effective date of the action. Upon receipt of notice to terminate, ENGINEER shall stop all work and not incur any additional expense and shall promptly inform contractors or sub- contractors contracted for by ENGINEER to stop all wort: and to not incur any further expense and CITY will pay only for work done and cost incurred on or before date of termination. 8. ENGINEER will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. ENGINEER will Cake affirmative action to insure that applicants are employed and that employees are treated during employment - I with regard to their race, religion, color, sex or origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 6 -7 A IL,; and selection for training, including apprenticeship. ENGINEER agrees to post, in conspicuous places available to employees and applicants for employment, notices setting forth the requirements of these nondiscrimination provisions. 9. CITY and ENGINEER hereby agree to the full perfor- mance of the covenants contained herein. ENTERED INTO THIS 9th day of May, 1983. ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS Joe Graham, Mayor HUNTER ASSOCIATES, INC. BY: J. Travis Roberts, Jr., P.E. President 7 E \HIB1T "A" DIRECT LABOR COST EMP. WORK DIRECT SALARY NO. NAME LEVEL COST Hunter Associates - Austin (Code 100) EMPLOYEE TITLE 111 Amaro, Claude Jr. 03 10.50 Draftr III 101 Boedeker, Paul S. 12 40.50 Engr VII 105 Castleberry, Stephen 03 10.50 Fd Sv Inst 125 Bansby, Margaret A. 03 10.50 Sec /Wrd.Pr 123 Estes, William G. 05 15.00 Eng Tec IV 120 Hungerford, Michell 03 10.50 Draftr III 1 '22 Jones, Bret A 02 8.50 Fd Sv Chai 100 McKenzie, S.C.,Jr. 12 40.00 Eng Exec. 114 Prewett, David J. 10 27.50 Eng VII 106 Kodriquez, Mike 04 12.25 Fd Sv. Chf. 107 Scheler, Charles W. 08 22.00 Engr V IG' Vonderharr, David L. 04 12.25 Draftr IV Bunter Associates - Dallas (Code 200) 237 Akins, Martha J. 03 10.50 Sec III 210 Allen, Richard E. 08 22.50 lnspt Chf. 221 Bronstad, Donna G. 06 18.00 Sec Supvr 227 Cargo, Douglas B. 10 27.50 Planner /Envir. 211 Cummings, Michael J. 11 30.00 Eng VIII 264 Davalos, Elizabeth 02 8.50 Sec 200 Howard, H.G. Jr. 12 40.00 Eng Exec. 206 Hughes, Gene S. 05 15.00 Drafter V 261 Keeton, Grover 06 18.00 Planner /Park 205 Knudsen, Kenneth C. 08 22.00 Planner /Maps 244 Kuntz, Ted R. Jr. 06 18.00 Eng Ast IV 247 Lewis, John E. 08 22.00 Eng Tech VIII 260 McClain, Erin D. 02 8.50 Drafter 242 McGehee, Michael D. 05 15.00 Eng Tech V 252 Mills, Robert G. 03 10.50 Drafter III 207 Pewitt, George G. 08 22.00 Eng Ast VI '01 Roherts, James T. Jr. 12 40.00 Eng Exec. 262 St.John, Richard K. 09 24.50 Engineer :'09 Seeley, Johnnie A. 07 20.00 Eng Tech VII 250 Shunwte, Randy 02 8.50 Drafter 11 214 Snowden, Rolen D. 09 24.50 Eng IV 215 Starnes, Kenneth V. 05 15.00 Inspector 224 Taylor, Gary W. 11 30.00 Eng VIII 254 Tumulty, Timothy M. 08 22.00 Eng V 263 Wright, Henry C. 07 7.50 Eng Tech VII EXHIBIT "B" NOTICE OF APPOINTMENT Robert Bernstein, M.D. Commissioner of Health Texas Department of health 1100 West 49th Street Austin, Texas 78746 Dear Dr. Bernstein: This is to "advise you LliaL the City CO LUICil of the City of P�iris, Paris, Texans, at its regular meeting on May 9, 1983, has duly appointed Hunter Associates, ,Inc., J. Travis Roberts, Jr., P.E. President as consulting and designing engineers for the purpose of submitting engineering reports, planning material, plans and specifications, and for supervision of construction of the Solid Waste Facility. Mr. J. Travis Roberts, Jr., is a registered professional engineer in good standing in accordance with State statues and has had experience in the design and construction of similar facilities at the following locations: Carollton, Mesquite, Elgin, Kerrville, Cuero, Lancaster and Sanger. We herewith authorize you to review and comment on such reports, planning material, date, and plans and specifications on this proposed project as he may submit to you. Joe Graham, Mayor P. 0. Box 1037 Paris, Texas 75460 DATE: H. C. Greene, City Clerk Resolution No. 83 -022 authorizing the City Manager to execute an agreement with Edward S. Keller for property located at Cox Field was presented. A motion was made by Councilman Fisher, seconded by ,urcilman Williams for adoption of the Resolution. The motion carried ✓es, 0 nays.. RESOLUTION NO. 83 -022 WHEREAS, the City Council of the City of Paris, is desirous of improving the facilities available at its municipal airport, Cox Field; and, WHEREAS, Edward S. Keller is desirous of constructing a concrete slab and installing a portable hangar facility, in order that he may meet his needs for hangar space not otherwise available at Cox Field, and does request a lease upon the terms and conditions and for the property described in Exhibit A attached hereto;.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager, David H. Doty, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the lease agreement with Edward S. Keller for property located at Cox Field, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit "A ". Passed and adopted this 9th day of May, 1983. e ATTEST: i eene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Graham, Mayor r EXHIBIT "A" LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LA.I`iAR § LEASE AGREEMENT BETWEE1,1 the CITY OF PARIS, a municipal corporation, acting by and through its City P•Ianager, DAVID H. DOTY, duly authorized, hereinafter referred to as LESSOR, sand LDWARU S. KLLLER, of Paris, Lamar County, Texas, hercin- after referred to as LESSEE, WITNESSETH: For and in consideration of 150% of monthly tic down fee, payable to the CITY OF PARIS, a municipal corporation, as follows: first payment due on or before June 1, 1933, with a like payment on or before the lst day of each monl h thereafter during the remainder of the term or any extension hereof, said CITY OF PARIS does hereby lease, rent and let unto ED14ARD S. KELLER, that portion of Cox Field property described on Exhibit "A" attached hereto and made a part hereof for all legal purposes. The term of this lease is for Ten (10) years, beginning, on the 1st day of June, 1983, and ending on the 31st day of May, 1993. I14 CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pray to LESSOR, or order, at the Ciry Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default or delay deducting therefrom during; the primary term hereof, a monthly credit of $150.00 times his certified cost of concrete slab founda- tion divided by $1,000.00 divided by 12. 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 11;iri_s , recorded in Book 308, I',ige _987, Dead Records of County, texas, to which reference is made for all pur.por,(,s. 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 which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar service:; or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements impoL;c(ii pursuant to Title 49, Code of Federal Regulations, Depart- ment of 'Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation, Effectuation of Title VT_ of the Civil Rights Act of 1964, and as said Regulations ri,'y be amended. 4. That LESSEE, his successors or assigns, agrees that (1) no person on the grounds of race, color or national- origin shall be excluded from participation in, denied the T benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the Lurnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded frol:� participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regu- lations, Department of Transportation, Subtitle A, Office of the SEcretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEE shall comply with all conditions rind requirements established in Department of Transportation, 75, Federal Aviation Administration, Grant Agreement Nc). 8 -48- 0169 -02 and No. 6 -48- 0169 -03. 6. ThaL LESSEE' 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. 7. That LESSEE will use such premises for the hangaring of aircraft owned or leased in his name only except in cases of emergency which will promptly be reported Lo the Airport Manager. or City Manager of the City of Paris. 8. That if, in the course of using such premises for aircraft storage, LESSEE desired to build, at his owr. expense, a concrete slab foundation for a portable hanger building and apron in pursuit of such use is will be so permitted upon application for building permit showing such proposed construction to meet City of Paris and Federal Aviation Administration requirements, upon the property described in Exhibit "A" attached hereto and in the event of a termination of this lease by the City of Paris as permit - Led herein during the primary term of said lease, the City of Paris will be obligated to pay to Lessee 1 /20th of the original cost of s�iid concrete slab foundation and zipron multiplied by the number ,of complete years remaining in said primary term. In the event that final termination of said lease occurs after the initial ten (10) year term of said lease, there shall be no payment due LESSEE. 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 e.:piration of this lease, peaceably _yield -up to LESSOR all and singular the premises and all future permanent erections. 10. That- it shall be inwful 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 LESSEE will not assign this lease or sublet the leased premises or any part thereof without the written consent of LESSOR first had and obtained. 12. 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 waiving any defects therein and agrees to hold and save LESSOR Harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance providing at least $100,000.00 per person and $300,000.00 for any single occurrence for bodily injury of death and $10,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of Ll?SSI:I ;, I is inviI cues, z►�,,enI s, scrvaut s or employee:; 1.11(1 shall. pay promipt l.y a l l prei-iii.ums thereon when due. L i 5 expressly provided that such insurance policy or polici(.,s, shall and must be written and issued by a reputable insur- ance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or his insur,'inCc carrier or carriers shall deliver a copy of any such pol.- icies 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 insur- ance is in full force and effect at all times during this lease and any extension thereof. 13. LESSEE will furnish City annual tax paid certifi- cate showing taxes paid on any portable hangar attached temporarily to the herein described premises. 14. That LESSEE will not use or permit the use of said premises or any part thereof for any purpose which i_F1 determined dangerous or hazardous to the airport operation by the Airport Manager. 15. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice thereof shall be given in writing to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected, within said thirty day period, a second notice in wiring by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LESSOR's Airport M;inager. 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. lb. That the City may at its option terminate this le")' -.e as Lo the entire t r;►ct , in the event t he City de:,i res 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 City shall give the LESSEE ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. 17. LESSOR guarantees LESSEE access to the Irnsed property at all times during the term of this lease. 18. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE. 19. In the event LESSEE shall keep each and every agreement herein contained and do and perform all of thc obligations required of LESSEE hereunder during the primary 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 the primary term upon the same terms and conditions as stated herein, and in the event LESSEE shall exercise his first five year option and keeps each and every agreement contained herein and do and perform all obligations required of LESSEE hereunder during said first five year option period, then and only in that event an option is hereby granted to LESSEE to renew and extend this lease for an additional period of five (5) years from and after the expiration of said first five year option period, upon the same terms and conditions as stated herein; said options may be exercised by LESSEE's giving notice in writing of LESSEE'S intention to renew said lease on or before the first day of May, 1993 for the first option and on or before the first day of May, 1998 for the second option. EXECUTED ON THE DATES shown in acknowledgements below. CITY OF PARIS BY David H. Doty, City Manager ATTEST: H. C. Greene, City Clerk Edward S. Ke er STATE OF TEXAS § COUNTY OF LAMAR § LESSOR LESSEE BEFORE ME, the undersigned authority, on this dny personally appeared DAVID H. DOTY, 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 May, 1983. Notary Public, State of exas My commission expires: STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared EDWARD S. KELLER, 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 May, 1983. Notary Public, State of exas My commission expires: EXHIBIT-A- 0 WATER TANK � I _ TAX I - WAY I O 1 487.18 O O i S TA. 26t32.2 z n NO SCALE_ - -- PROPOSED HANGAR LEASE 35.4'x 44 o C z / [-I TERMINAL BUILDING APRON D X_ i 1► TAXIWAY FIELD NOTES P� Z STA.30 +00 i�9� NORTH AND D SOUTH RUNWAY D O O O i 5 1/2 miles East of the Central Fart of the City of Paris, Lamar Countv,_- ::as; a Hart of the William Scott Survey, Abstract No. 856, and BEIN , a hart of Cox _'ield Airport Flicilities Pror>erty; BEGINNING at a point for corner, said point being 1487.18 feet Right or Westerly rrom North -South Runway Station 26 +32.2 as shown on F.A.A. Project No. 8- 4S- 0169 -01, file at the Paris City Engineer's office, Paris, Texas, Scnrtherly t_o said runway 4.1 feet to a }point for corner; Westerly perpendicular to said runway 35.4 feet to a point for corner; T;i!;:;CE Northerly parallel to said runway 44 feet to a point for corner; THE : -K'F, masterly perpendicular to said runway 35.4 feet to the Place of iiegiruring, and containineq 15,576 Square feet. I Riclrar-d Bahl), do herehy certify that Notes hereon truly and correctly represent a survey made under my supervision on the ground this 19th Day of April, 1983. Richard Babb, P.E. Interim City Engineer Rey lution No. 83 -023 authorizing the Mayor to execute a contract wi,: David Buster, Inc. for Cox Field TIC Project No. 83 -20 in the amuunt of 3137,842.10 was presented. A motion was made by Councilman W-- seconded by Councilman McWaters for adoption of the Resolution. TL- arried 7 ayes, 0 nays. RESOLUTION NO. 83 -023 WHEREAS, the City of Paris, did advertise for bids for furnishing material and constructing a concrete and asphalt apron extension, and furnishing equipment and installing a fixed fuel storage and dispensing system at Cox Field, Paris, Texas, being Part 1 and Part 3 of the Bid Schedule from Cox Field TAC Project No. 836 -20, of plans and speci- fications dated February, 1983, which bids were received until 10:00 o'clock A.M., Wednesday, May 4, 1983; and, WHEREAS, the best bid for such construction was made by David Buster, Inc. Route 1, Loop 286 N. W., Paris, Texas, and he should be awarded the bid for such construction; and, WHEREAS, the award and letting of the bid for such construction is subject to concurrence by the Federal Aviation Administration; and, WHEREAS, the form of contract for such construction project 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 David Buster, Inc., for Cox Field TAC Project No. 836 -20 in the amount of $137,842.10, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents and the approval and concurrence by the Federal Aviation Administration; and, BE IT FURTHER RESOLVED, That the Tlayor of the City of Paris, Joe Graham, be, and is hereby authorized and directed to execute on behalf of the City of Paris the contract nor Cox Field TAC Project No. 836 -20, upon the terms and con- ditions and in the form shown in Exhibit A attached hereto, with David Buster, Inc., after having received the approval and concurrence of Federal Aviation Administration. Passed and adopted this 9th day of May, 1983. C)" lj,�,Z J Graham, Mayor ATTEST: H. C- G eene, City Clerk APPROVED AS TO FORM: �y T. K. Haynes, City Attorney v EXHIBIT "A" STANDARD FOUNI OF ACIZE11"MENT AsAdoptcd Rv SECTION OFTHE, AM1-JZ11U:',N �',0(711-;TYW- CIVIL, ENGINFERS October 7, 19,0 1 R.c%,1sc(! Noveribcr 17. 192 BA,, i-., d () ct o1w,. '_ 7, 1 April 8, 195 Rev.Led April 21. 19GO Rtmvil-ed oc".0he.- -, 1971 Approved as to Legal Form by LcEzil counsel Y 0 1, tV IA' 9 01 i 1�� A61?EFMENT, m%de and entered into th:S'_da Y of __'J, by ind between—.the CITY OF PA-IS 11'aris, Texas h C nit 0,7 Lamar and State of Texas, actin 9 throe rh i t s I lavor, Joo Grall:1111 !%:-t.,, w` tI,e First Part, hereinafter termed MVNER, an DAVID_ BUSTI'R C `s TR A CTFI'R. thereunto duly authorized so to do, I 1\1 c . Cowl ty of__ Pa_,_v of the Second Part, hereinafter term 11 1,11'at f( I' .111d j,11 C011bidel_;'11011 '11P and agreemen'-s her.In- lo I)e made perforin+26 by ".c Par 'v of the FirA Part and under cxprcs e(! in ,':-ie bon,] ',i!' 11,11" ;a llici-.,witln, the -)aid Party of the :eccn l 01') , hereb a�---ecs with fl,�t• Party of the First Part (0'+VINFU) to J� 2 ncc• comnplet.e the comtruction of cerlain iniTPro•enicnts described as follows: t 'r',) C T_ 1 1 C O'Ll C -17 0 -mt ap r c) ;-i an,-i con- te and aspl i j, nd i im i S 11 �1 C-1 11 1 11,11C 11 t 1 11 "_1 I j, ;I i (I J )i a and Co-, !"L,(_"Id, P c�� Teal lZis S :n connecti-OT1 therC•ith, lin 'I 'r the teirmis ;-,r stated in the General Ct nditic)ns L a'ld at his (or 01( ov.-r prop''.- prop''.- cost i!i(l expense to furnish all the rnatcria;s, T I,)r, I IS U r- 1 C e, and other acr( n o rl: -ordance with the conditions aml 111CCCS!-;,1 v to cor.ole'le the sa:cl� COIL.` ti -t icn, in ac( I the Proposal attached hereto, and in ccordance with the Notice to Contractors, _nJ Spcciil Conditions of Agrecinent, Maw,; and other drawings and print.e(l or Nvrittc!-1 v thercof, and th , Sl,t.c*f' I 0 1 ions and, addenda therefor, as prepared I,v R j- c h a ,-- d Babb , Interim City 'En'-incer the FN( NE.l."P, c;wh of whIch lies been identified by the CONTIZA(70IR and together with the CONTIZACTOR'S written Proposal, the General Condition: .11)(1, t1m, Performance and Payment l3omk hereto, attached; all if NOiich ;.re made :f ;:,Id (--,.;dc1we;111d coll.-Altute the contr;kct. SF_1 EXHIBIT, "tat' )NTi,A -R-) P 1,, 1,o cclzr- ",il nce Nvork Within ten ( I o) If ter the ' date r(l* i( SO Sh;dl have 11cell given to him, and to subst'lliti,1113• complete the same 0I kin ! (1a:,-,, of for t)` (""e of the `r;t,ell 1l0t-i(T +0 commence work, SL'I)je.Ct Of tin-o a, arc j)-ov;&-d by t he General ar,d Special Conditions. ;tgrees to the CONTRACTOR In current funds the price or prices shown in -ich forms a part of this contract, such pa} ments to be subject to the General of the co7ltract. IN the p,,irtic.s to these presents 112%-c executed this Agreement in' }'car it-C (;a first above CITY OF PARIS DAVID BUSTER, INC. I, - :)f the Flst Pay ((1•, E"') Partv of the Sec,)nd Part (C0NTRA(71'ojz) - - -- Joe -- Graham, Hayor A TT ST i . c . Greene, '-- City SP-I) (-) 1'1 I—, -- n. A!, t 13;1 ORDINANCE NO. 83 -023 AN ORDINANCE CHANGING THE ORDINANCE AND RESOLUTION NUMBERING SYSTEM OF THE CITY OF PARIS, PARIS,TEXAS AND RENUMBERING SUCH ORDINANCES AND RESOLUTIONS AS HAVE BEEN PASSED ON AND AFTER JANUARY 1, 1983; PROVIDING FOR AN EFFECTIVE DATE OF MAY 10 ,1983. was presented. A motion was made by Councilman McWaters, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 83 -024 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC NO- PARKING MAP ADOPTED IN PARAGRAPH(c) OF SECTION 29 -112 OF SAID CODE; ESTABLISHING A NO PARKING AREA, MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 8:00 O'CLOCK A. M. AND 6:00 O'CLOCK P. M.; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVID- ING FOR AN EFFECTIVE DATE OF JUNE 1, 1983. was presented. A motion was made by Councilman Hoog, seconded by Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 83 -025 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE REPEAL OF CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, AND DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT; I i i REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 10, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 83 -026 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 12 -12 OF SAID CODE; PROVIDING FOR A PERMITTING PROCEDURE FOR OUTSIDE FIRES; 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 JUNE 1, 1983. was presented. A motion was made by Councilman Hoog, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 4 ayes, 3 nays, Councilman McWaters, Councilman Williams and Council- man Fisher voting nay. City Manager Doty advised the Council of the need for the appointment of an Audit Firm to audit the City's accounts for the fiscal year ending June 30, 1983. A motion was made by Councilman McWaters, seconded by Councilman Williams to accept proposals in the June 1983 Council meeting. The motion carried 7 ayes, 0 nays. City Manager Doty presented a proposed project list for the Federal Urban Systems Project. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Bell to accept recommenda- tions of the Staff for the Federal Urban System priorities. The motion carried 6 ayes, 1 nay, Councilman Graham voting nay. Mayor Graham announced that the Council would go into executive session to discuss legal matters with the City Attorney, and the regular session was declared closed, and the executive session open. Legal matters were discussed with the City Attorney. The executive session was declared closed and the regular session open. City Manager Doty presented a request from the Lamar County Water Supply Corporation for an extension of their line through the eastern City limits of the City and into extraterritorial jurisdiction in the area of FM 1508 and Highway 271 East. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Bell to approve the request. The motion carried 7 ayes, 0 nays. City Manager Doty presented a request from George Spencer for water service outside the City limits approximately 212 miles N. W. of Paris. A motion was made by Councilman Wilson, seconded by Councilman Williams approving the request. The motion carried 7 ayes, 0 nays. City Manager Doty presented a request from Lamar County Water Supply Corporation requesting authorization for water meter in the gray area for Glenn Watson on FM 1497. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Bell to deny the request. The motion carried 7 ayes, 0 nays. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK EXHIBIT A - Council Minutes 5/9/83 MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION; MONDAY, MAY 2, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS The Planning and Zoning Ccmmssion met in regular session Monday, May 2, 1983 at 7:00 P.M. with the following members present: 1. Freddie Swaim 6. Bruce McMonigle 2. Ozie Battle 7. Ronnie Nutt 3. Bill Davidson 8. Skip Steely 4. Jacob Hildreth 9. Dwight Woolston 5. Olivia Johnson 11 Also present was Joe N. McCollum, Director of Community Development. Chairman Swaim called the meeting to order and the minutes of March 4, 1983 were approved as presented. Dwight Woolston was welcomed as a new member of the Commission. Chairman Swaim declared the public hearing open on the matter of proper zoning for properties fronting on Lamar Avenue between Collegiate Drive and 35th N.E. which are currently zoned One Family Dwelling District No. 2 (SF -2). He explained that due to the frequent requests for zoning changes in this area, the Commission had taken it on themselves to hold the one hearing and received -input from property owners involved as well as those within 200 feet of the area. He then invited comments from those present. Bill KcGuinness, 2660 Hubbard stated he felt General Retail zoning was proper for the area. Glenn Smallwood, owner of the property at 3035 Lamar and 3130 Lamar requested his property be zoned General Retail. John Madewell, 3030 Lamar Avenue stated he operated the day care center at that location and proposes an expansion to the lot east of him and requested Office Zoning to cover the proposed use. Mr. Madewell said they kept 100 children at present and had a waiting list of 70 children. Jimmy McFadden, owner of 3140 Lamar Avenue, said he moved from this location because of traffic congestion and that the house was difficult to rent as a residence. He suggested Office Zoning for the area. John House, 3110 Lamar stated if the property were zoned for Office or business use, owners could afford to make improvements. Edna Petway, 3150 Lamar, expressed her opinion that the property should remain zoned residential since that was the primary use. Burl Whitaker, owner of 3215 Lamar spoke in favor of General Retail zoning use fpr the. area. -`1 } Dorcy Mackey, 50 31st S.E., said he was not in the area to be zoned but requested the Commission to consider the residents adjacent to Lamar Avenue property wno would be affected by any zoning change. He cited their need for protection and suggested that Office use should be the heaviest zoning permitted. He went on to say that noise associated :with retail use would be detrimental to the area and he would prefer, it remain residential. Steve Gray, 3175 E. Houston stated the neighborhoods around Lamar Avenue are good duality and he would be opposed to any zoning other than Two Family. Florence Hoffstaedt, 3170 E. Houston requested the area remain residential. Terry Urquhart, 2950 Lamar stated the property needed to be zoned General Retail. A letter from Reeves Hayter of Hayter Engineering was introduced into the record urging the Commission to give due consideration to traffic, parking and drainage which will be affected by a change in land use. A copy of the letter is attached as Exhibit A. Margaret Rheudasil, 155 31st S.E. expressed concern that residents have no protection there. Traffic is already bad and children cannot safely cross Lamar at 31st. She urged the Commission to keep the area residential as much as possible. Mrs. Jeff Howard, 3131 Margaret stated there is plenty of room for business expansion elsewhere and that residential areas should be left alone. Chairman Swaim requested those present to indicate their zoning preference with tie following results: 11 leave residential, 14 change to Office, 15 change to retail and 1 change to Commercial. There vlas no one else to speak on the matter and Chairman Swaim declared the public hearing closed. flr. ',!I- Collum advised the Commission that they could do several things con - cerning zoning in the area included in the public hearing such as leave property as presently zoned, amend the master plan to provide for business use and consider future individual requests based on that or recommend, at this time, what they consider to be proper zoning on the area. Follo,ving discussion the Commission agreed upon recommending zoning for the area and agree to vote on each block separately. A motion was made by Mr. Steely, seconded by Mr. McMonigle to recommend Office District zoning on Lots 22 -A, 22 -B, 22 -C, 23, 24, 24 -A, 25 and 25 -A, City Block 249 on the southside of Lamar Avenue between the Lamar Gardens tract and the Barney Bray tract. The motion carried 9 ayes, 0 nays. A motion was made by Mr. Nutt, seconded by Mr. Steely to recommend Planned Development - Shopping Center zoning on Lots 6 and 7, City Block 236 on the north side of Lamar being the Joe Early and Fred Drake tracts. The motion carries 9 ayes and 0 nays. A motion was made by Mr. Steely, seconded by Mrs. Johnson to recommend Office District zoning on Lots 2, 3, 4 and 5, Block 1, Hayes Heights Addition on the north side of Lamar between the Coe tract and Lynx Properties tract. The motion carried 9 ayes, 0 nays. A motion was made by Mr. Nutt, seconded by Mr. Woolston to recommend Planned Development - Office zoning on Lots 3,4,5,6,7,8 and 9, City Block 285 on the south side of Lamar from 32nd S.E. west to and including the John S. House tract. The motion carried 8 ayes, 1 nay with Mr. Steely voting nay. A motion was made by Mr. Woolston, seconded by Mr. McMonigle to recommend Office District zoning on Lots 1, 2, 3 and 4, City Block 289 on the south side of Lamar Avenue between 32nd S.E. and 33rd S.E. The motion carried 9 ayes, 0 nays. A motion was made by Mr. McMonigle, seconded by Mrs. Battle to recommend Planned Development - Shopping Center zoning on Lot 1 -A, City Block 287 on the south side of Lamar being the R.V. Free tract. The motion carried 9 ayes, 0 nays. A motion was made by Mr. Steely, seconded by Mr. Nutt to recommend Office District zoning on Lots 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13, City Block 296 on the north side of Lamar Avenue between the Calvary Methodist Church tract and the Darrell Coats tract. The motion carried 9 ayes, 0 nays. Chairman Swaim thanked those in attendance and advised them the recommendations would go to the City Council for consideration. �j Chairman Swaim declared the public hearing open on the petition of Cecil Poss Lon from a change in zoning from a One Family Dwelling District No. 2 (SF -2) to an Office Qistrict (0) on Lot 2, Block 1, Hayes Heights Addition located at 3025 Lamar Avenue. Lonnie Kennemer represented the applicant stating that the property was in the area just considered on a large scale along Lamar Avenue and was recommended for Office zoning. He stated that a sale of this property was pending based on office use and a separate petition had been filed so that the zoning request could be considered on its own merit should the larger area he de- layed for some reason. There !as no one else present to speak on the matter and the public hearing was closed. A r;rotion was made by Mr. Woolston, seconded by Mrs. Battle to recommend approval of the petition. The motion carried 9 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of D" g-l-a -s Carlo for a change in zoning from a Heavy Industrial District (HI) to a Te avy Industrial District (HI) and Specific Use Permit - Salvage Yard (41) on Lots 5 and 6, Block 5 of the Texas and Pacific Addition located at 1490 S. Church. Nr. Carlow was present and told the Conninission the property had been a junk yard for many years and he planned to do away with the used lumber sales and expand tree scrap metal business. He said he was willing to put up a solid fence to screen the scrap materials from view along the street. He went on to say that this location was good for his type of business because of th►e availability of public scales across the street and that there is only one other scrap yard in the City and there is room for another. Speaking in opposition, Don Wall of Wall Concrete Pipe Co., stated many things had been done to clean up this section of Church Street and this type of business would destroy those efforts. He filed letters from Charles Boren and Hack Blackenship, both property owners in the area, who were opposed to the permit but could not attend because both were hospitalized. Lonnie Kennemer, Doug Kelley and Bill Bass, also property owners along Church Street stated that such business should not be on a main highway entrance into the City and be one of the first things people see. Scott Johnson representing Wilson Oil Co. owners of property south of the Carlow tract, spoke of the traffic problem with scrap metal customers parking on their property and opposed it on that basis. In rebuttal, Mr. Carlow stated he would construct a 6' foot high solid fence on the property and obtain permission from the railroad to gravel part of their right of way for parking. Chairman Swaim closed the public hearing and the Commission discussed the permit request. Following discussion, Mr. Steely made a motion to deny the request. Mr. Hildreth seconded the motion which carried 9 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Wayne Brannan for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling (2F) on Lots 9, 10, 11, 20 and 22', Block 2 of Sperry's Third Addition located on the south side of Graham Street and the north side of W. Houston Street between 25th N.W. and 27th N.W. lr. Brannan spoke, saying he wanted to make the best use of the property by building 5 brick veneer duplexes, approximately 2,000 sq. ft. each in size. He said the lots were 65' X 170' each and that he intended to preserve as many trees as possible. Speaking in opposition to the changes were Denny Head 2557 Graham, Tommy Graum, 2617 Graham, Joe Young, 2657 Graham, Benny Toland, 2630 W. Houston and Peter Latimore, 2646 W. Houston. They stated that such a development would devalue their property and bring in transient types. They pointed out F,roblems they were having with water and sewer service and how adding i0 more families would rake it worse. Mr. Brannan said he did not feel he could afford to invest in single family homes for the lots and had tried to condition the purchase of the lots on obtaini,in duplex zoning. No one else spoke on the matter and the public hearing was closed. Following discussion, Mr. Nutt made a motion to deny the change. Mrs. Johnson seconded the motion which carried 9 ayes, 0 nays. Chairmai Swaim declared the public hearing open on the petition of Bill Bass for a r i a! e i n zoning from a Two Family Dwelling District ( 2F) to a Multi gamily Dv .-elling District No. 1 (MF -1; on the north 170 feet of Lot 2, Block 3, Locust Hill Addition located at 519 Brown Avenue. Mr. Bass told the Commission of his proposal to build two duplex dwellings on the property which he had recently purchased and cleaned up by removing the old house that was there. He said the duplex dwelling's would have carports and would be landscaped. fie said he had no intention of upsetting the neighborhood and would have quality rental units there. Present in opposition to the request were Abby Gail Clark, 504 Brown Ave., Barney .Anderson, 1025 5th S.W., Z.D. Locke, 1015 5th S.W., Henry Johnson, 955 5th S.W. and Mrs. Jerry Moore, 1415 Graham Street. They were opposed to any thing more than a duplex in the neighborhood which they described as quite. Several mentioned the age of the area and the frequent water line breaks. Elizabeth Bass, stated the reason they had decided to build 4 units instead of 2 was because of the many calls they had received for rental space. r No one else spoke on the matter and the public hearing was closed. Following discussion a motion was made by Mr. Steely, seconded by Mrs. Johnson to deny the request. The motion carried 9 ayes, 0 nays. Mr. McCollum presented a replat of Lots 10 and 10 -A, Block A of Jefferson Heights Addition located on the northwest corner of Jefferson Road and 40th S.E. He said the proposed replat would make three building sites out of two but that the three lots would meet all the size requirements and he re- commended approval. A motion was made by Mrs. Johnson, seconded by Mr. Woolston to recommend approval of the replat. The motion carried 9 ayes, 0 nays. With no further business to consider, the meeting was adjourned. ,Joe N. `,icCol 1 um Secretary, ex officio r.; HAYTER ENGINEERING, INC. CONSULTANTS PLANNERS ENGINEERS 2, 1983 Plani.i, c: and Zoning Coinrui_ssiol; City of Paris City :Tall P. 0. Box 1037 Paris, Texas 75460 hear Cominissioners: 4445 S.E. LOOP 286 PARIS, TEXAS 75460 (214) 785 -0303 i 21) YEARS OF SF H1!!CF i 1 regret that due to prior commitments, I am unable to attend your _lay 2 public hearing on zoning along Lamar Avenue from Collegiate Drive to 35th Street. [while I do not have a financial interest in any property in this area, I would hope that you consider the following comments based upon planning exper- iences and professional observations in other cities, as an into estecl citizen: I viould like to coriu!iond the Commission for considering an entire -- arc,',, rather than working parcel by parcel. If the zoning of t1 is ,.Area can be determined in one hearing, costs to all parties iivol�ed, on either side of the argument, will be minimized, and future planning for streets, storm drainage and other developments can proceed in a defined manner. I have severe reservations that it would be in the best interests of the City as a whole to zone this area for offices. Pui Tic opinion of the residents in the area is only one of many . ac:to� s which should enter into this decision. e f f ice u,�age will require parking areas. Paving of these' areas .rouble their drainage runoff coefficient, and if a. sufficient :a is paved, the existing drainage problems in the area will be ical, L-ly v orsenecl. The in �Juestion drains; into three erc :�<, - problems in the creel: ,vie st of Collegiate were so bad as `..e --c,juire a contt- ruction mor_,tor, iui,i last year. The creek west 1 -already floods the ro�tciway at_ Clark Lane. I -,.f lc mo \'eI? ont , iIito aild uut of till' 01 -f ice parking areas will contribute to traffic problems on Lamar Avenue,. Lamar and Clarks - ville constitute the only direct access routes from east Paris ir:to tiio doantown business ,`istrict and west Paris. Plan ling & Zoning Comtissio„ Ci y Of Paris r--, I'l a,! 2, 1 9 8 3 Pacge 2 Eventual correction of these problems will leave to be paid for by the citizens of Paris. Growth is necessary and desirable, and ,;here there are no alternatives, than( -'es may be necessary. In this case, however, office zoning currently exists in Paris. Vac, ncies exist in the downtown business district, along stretches of Lanar and Clarksville already zoned for this purpose, and arounel the Loop Highway, which would seers to indicate an abundance Of available areas for office development. I appreciate your consideration of these comments. Resp( ctfuily, I�AY'J'1]1Z ENGII�JEERING, INC. 1 R. Reeves Hayter, P.tE. Vico- President ae MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL May 16, 1983 The City Council of the City of Paris met in special session, Monday, May 16, 1983, 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., George Fisher, Jr., Nathan J. Bell, and Jeff Hoog. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose to receive information bearing on the issuance of Aeronautical Activity permits to Jimmy Wrenn for Pilot Training and Agricultural Operations. City —r1 K. Haynes, advised the Council that the meeting had been called by the Council on March 31, 1983 and that the present meeting had been posted in accordance with the open meeting law on May 12, 1983, and all requirements of the State Law met. City Attorney Haynes presented a list of allegations against Jimmy Wrenn as follows: 1. About 1975 alledged threat to beat up City of Paris employee Richard Beard. 2. Assault to James Paul England on or about September 20, 1981. 3. Allegation to Jesse Wintermute that on or about July or August, 1982, Jimmy Wrenn flew dangerously low at a time when Wintermute and his minor son were passengers in the aircraft. 4. On or about the 5th day of November, 1982, Mr. Wrenn retained possession of Herb and Kristine Campbell's Aircraft after demand for the return of the same had been made. 5. Complaint by Larry Thomas of Mt. Vernon that on or about the 10th day of December 1982, Mr. Wrenn violated traffic pattern. 6. On or about April 8, 1983, complaint by Roger Boxwell of low flying aircraft. 7. Complaint by Austin Ellis that on or about the 10th day of April 1983, Mr. Wrenn, while spraying airport property, violated traffic pattern. 8. On or about the 15th day of April, 1983, Mr. Wrenn violated the traffic pattern and flew dangerously close to another aircraft operated by Austin Ellis and Sherri Babb. 9. Complaint by Kristine Campbell and Austin Ellis that on or about the 25th day of April 1983, Jimmy Wrenn violated the traffic pattern of Cox Field Airport. 10. Threatened to throw brick at helicopter. Witness Clarence Hart. City Attorney Haynes also presented an application for permit filed by James M. Wrenn, Jr. on January 3, 1983 for activities of pilot train- ing Maintenance- Airframe, Maintenance -Power Plant and Agricultural Operations. The City Attorney also presented a diagram showing air traffic patterns at Cox Field. Mr. Haynes introduced Mr. John Jarco, General Operational Inspector withthe General Aviation District Office, FAA, Dallas, Texas, a accident prevention specialist. Mr. Jarco explained the air traffic pattern at Cox Field as diagramed. City Attorney Haynes also presented the following letter from M. D. Lovett & Associates which he advised was hand delivered at 6:45 P. M. May 16, 1983: May 16, 1983 City of Paris Ci ty Hal 1 Paris,Texas 75460 Re: Jimmy Wrenn Aero Dust and Spray Ladies and Gentlemen: Since proper predicate was not laid by Council to have a public meeting, we protest the meeting and refuse to be bound by any actions taken by the Council. Sincerely yours, JIM D. LOVETT J D L cc: Mayor City Council Persons City Manager City Attorney Pa r s News Radio Station KPRE Radio Station KPLT Mr. Jimmy Wrenn City Attorney Haynes again advised the Council that all State Law requirements had been met concerning the open meeting law. A motion was made by Councilman Fisher, seconded by Councilman Wilson to over rule the protest as presented by the Attorney. The motion carried 6 ayes, 0 nays. 0 ..L City Attorney Haynes stated the list of allegations were delivered to the Attorney, Jim D. Lovett on May 14, 1983 and at the same time to Jimmy Wrenn and that item 10 had been added since delivery. In regard to item 1, City Attorney Haynes advised theCouncil that Richard Biard resided in Houston, Texas and was not able to attend the hearing. In regard to item 2, James Paul England a former employee of the City appeared before the Council describing the incident and alledged assualt by Jimmy Wrenn on about September 10, 1981. In regard to item 4, Mr. and Mrs. Herb' Cambell appeared before the Council and described their difficulty in delivering a aircraft for maintenance and repair to Jimmy Wrenn and the difficulty in getting the return of the aircraft from Mr. Wrenn. In regard to item 5, Mr. Larry Thomas of Mt. Vernon was not in the audience to describe the violated traffic pattern on or about 10th day of December 1982. Mr. Haynes stated that item 6 which was on or about April 8, 1983, a complaint by Roger BoxwelI of low flying aircraft had been with- drawn. In regard to item 3, Mr. Jesse Wintermute appeared before the Council stating that Mr. Jimmy Wrenn, Pilot, and he and his son as passengers, were flown dangerously low at a time when Mr. Wintermute and his son were passengers in the aircraft. Also Mr. Wintermute described the spraying of Cox Field by Mr. Wrenn which enterferred with the proper traffic patterns according to Mr. Wintermute. Airport Manager, Jim Collier appeared before the Council stating that the City has never asked for the Airport to be sprayed. Mr. Collier advised that on April 10th and 25th, 1983 complaints against Mr. Wrenn had been filed with the FAA. Ms. Beverly Allen, Denison, Pilot Instructor appeared before the Council stating that spray operations were not uncommon on airfield; that Jimriy Wrenn was a good aircraft mechanic. She also stated that she witnessed the James Paul England incident. In regard to item 7, Mr. Austin Ellis appeared before the Council stating that he had filed a report at the request of the FAA on the April 10, 1983 spraying of the Airport. In regard to item 8, City Attorney Haynes read a statement of Mr. Ellis stating that on April 15, 1983 Mr. Wrenn violated a traffic pattern and flew dangerously close to another aircraft operated by Austin Ellis and Sherri Babb. Councilman Walter Williams entered the Council chamber and assumed his chair at the Council table. Mr. Theron Maness appeared before the Council stating that he was in the aircraft with Mr. Wrenn and that improper statement had been given concerning the incident. Concerning item 9, Mrs. Kristine Campbell appeared before the Council and requested City Attorney Haynes to read a statement made by her concerning the violation of the traffic pattern at Cox Field Airport by Jimmy Wrenn on April 25, 1983. City Attorney Haynes read Ms. Campbell's statement. Dr. Edward Miller appeared before the Council stating that he had witnessed the Campbell incident on April 25, 1983. City Attorney Haynes advised the Council that the Insurance as requested by the City on March 31st had been furnished by Mr. Wrenn's Insurance Company. Mr. Richard Maginn, Loma Alto Corporation, appeared before the Council stating that he was the operator of the lease for surplus land at Cox Field, being about 1500 acres, that he had had the surplus land sprayed, and that he had used Mr. Wrenn as a mechanic on his equipment. City Attorney Haynes advised the Council to continue the temporary permit on Mr. Wrenn to a day certain, until the Attorneys had time to review the cases. After discussion, a motion was made by Council - man Bell, seconded by Councilman Williams to continue the temporary permit with Mr. Wrenn until the Attorneys had had time to review the cases and with a 30 day limit to set the date of a meeting. The motion carried 7 ayes, 0 nays. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK J MINUTES OF THE SPECIAL COUNCIL MEETING CITY OF PARIS May 31, 1983 The City Council of the City of Paris met in special session, Tuesday, May 31, 1983 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., George Fisher, Jr., Nathan J. Bell, Jeff Hoog, and Walter Williams. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes and City Clerk, H. C. Greene. Mayor Graham announced that the first order of business would be consideration of a request for Gerald Cobb for water service with Lamar County Water Supply District in the gray area. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Hoog approving the request. The motion carried 7 ayes, 0 nays. City Manager Doty presented the Council with the Proposed Three Month Interim Budget for the period beginning July 1, 1983 and ending September 30, 1983 and requested a public hearing be called on the proposed budget. A motion was made by Councilman Fisher, seconded by Councilman Williams to call the public hearing for 5:15 P. M. June 8, 1983. The motion carried 7 ayes, 0 nays. Resolution No. 83 -026 authorizing the Mayor to enter into a contract with the State of Texas, Texas Aeronautical Commission for improvements at Cox Field was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 83 -026 WHEREAS, the City of Paris, acting by and through its City Manager, Robert W. Sokoll, did heretofore make applica- tion for grant from Texas Aeronautics Commission for con- struction of fuel storage and access ramp for Cox Field, Paris, Texas; and, WHEREAS, the Texas Aeronautics Commission has made a grant offer dated March 30, 1983 entitled TAC Project No. 836 -20; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that said grant offer be accepted and con- tracted for in the form of Grant Contract attached hereto as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, as follows: 1. That Grant offer "J.'AC Project No. 836 -20 be and the same is hereby accepted. 2. That, Joe Graham, Mayor of the City of Paris, be end he, is hereby authorized and directed to execute on behalf of the City of Paris Grant Contract in the form attached hereto as I;x_hibit A. 3. That, David H. Doty, City Manager be, and he is hereby authorized to execute and deliver on behalf of the City of Paris all communications, assur- ances and documents necessary for the completion of said project. 4. That B. A. Huddleston, of the City Engineer's Office, be, and he is hereby appointed project director for TAC Project No. 836 -20. Passed and adopted this 31st day of May, 1983. A; 147V� oe Gra am, Mayor ATTEST: C , rcene , City C 77, t�PPROVED AS TO FORM: T. K. Haynes, City Attorney EXHIBIT A TEXAS AERONAUTICS COMMISSION 1� GRANT CONTRACT T O: City of Paris (Herein referred The State of Tex Commission (Herein referred Part I - Offer Date of Offer: March 30, 1983 TAC Project No. 836-20 to as the "Sponsor ") as, acting through the Texas Aeronautics to as the "Commission ") AHEPEAS, the Sponsor has submitted to the Commission an application for grant contract dated January 3, 1983 for a project for development of the _ Cox_FieId Airport, together rit1; plans and specifications for such project which application for grant contract as approved by the Commission is hereby incorporated a;d made a part of this grant contract by reference so as to have ch -e same effect as though repeated herein; and WHEREAS, the Sponsor certifies that it has available in cash and /or in other acceptable form the resources for the undertaking and suc- cessful completion of this project; and Wh EREAS, the Commission has approved a project for development of the Airport (herein called the "project ") consisting of the follow- ing described airport development: Construct fuel storage and access ramp (approxi. 7,400 SY) YOUR COPY AC Fore 400 -6 (Rev. 3/23' Page 1 of 8 I NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Texas Aeronautics Commission Act as amended, and in consideration of (a) the Sponsor's adoption and ratifica- tion of the conditions comprising this Offer as hereinafter pro- vided, and (b) the benefits to accrue to the State of Texas and the public from the accomplishment of the project and the operation and maintenance of the Airport as herein provided, THE TEXAS AERO- NAUTICS COMMISSION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State of Texas' share of the allow- able costs incurred in accomplishing the project, per centum of all allowable costs, or the maximum obligation of the State payable under this Offer, whichever is less. 'his offer is made on and subject to the following terms and condi- tions: 1. The period of this grant contract shall be twenty (20) years from the date of Sponsor's acceptance. 2. The maximum obligation of the State of Texas payable under this Offer shall be X1.15 000 3. The Sponsor shall: a. Begin construction Failure to do so w termination of the Texas hereunder by Sponsor's request, time in writing. on or before June 15, 1983 ill constitute just cause for obligations of the State of the Commission, unless at the the Commission grants additional b. Carry out and complete the project without undue delay and in accordance with the plans and speci- fications which are submitted to and approved by the staff. The Commission has the option to with- hold the payment-of any State funds unless the plans and specifications have been completed and approved by the Commission. C. Make every reasonable attempt to complete the project on or before -October-1 , 1983 4. The allowable costs of the project shall not include any costs determined by the Commission to be ineligible for consideration as to allowalility. AC Form 400 -6 (3/83) Page 2 of 8 X A�. F fin, 5. Grant contract payments to the Sponsor may be authorized upon application to the agency. Payments of the State of Texas' share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at the time of the payment application. No more than ninety (90) percent of the total grant contract will be paid prior to the completion of the project. The last ten (10) percent of the grant contract will be paid only after the staff has inspected and approved the completed project. 6. The airport or navigational facility shall remain under Sponsor's control during the period of this grant con - tract. i. The airport or navigational facility shall be maintained by Sponsor in a safe and serviceable condition during the period of this grant contract. cI. Consistent with safety and security requirements, Sponsor shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between sach types, kinds and classes and shall provide ade- quate public access during the period of this agreement. Sponsor shall not grant or permit anyone to exercis an exclusive right for the conduct of any aeronautical activity on or about an airport landing area. Aero- nautical activities include, but are not limited to, scheduled airline flights; charter flights; flight in- struction; aircraft sales, rental and repair; sale of aviation pertroleum products; and aerial application. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting, and navigational aids. 10. A Sponsor shall not enter into any agreement nor permit I,ny aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, a sponsor shall not allow aircraft direct ground access to private prop- erty from airport property. All sponsors shall be subject to this prohibition, commonly known as a "through -the- fence operation," unless an exception is granted in writing by the Commission due to extreme circumstances. T;. :; 'form 400 -6 (3/83) Page 3 of 8 11. Land identified in Sponsor's grant contract application and attorney's certificate of title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Commission. 12. Sponsor, if requested by the agency, shall submit to the agency annual statements of airport or air naviga- tional facility revenues and expenses. 13. All fees collected for use of an airport or navigational facility constructed with funds provided under the pro- gram shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the de- velopment, operation and maintenance of the airport or navigational facility. Sponsor, however, shall not be required to pledge income received from the mineral estate to airport use unless state funds were used to acquire the mineral estate or any interest thereof. 14. The City of Paris Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor. A properly executed copy of the resolution, order or ordinance shall be submitted to the Texas Aeronautics Commission prior to payment 9f any funds under this agreement. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the City of Paris _ Airport Fund, and shall not be diverted to the general revenue fund or any other special revenue fund of the Sponsor. 15. All development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the staff and maintained by Sponsor. A reproducible copy of such plan, and all subsequent modi- fications thereto, shall be filed with the agency for approval by the staff. 16. WIhen airport lighting is part of a project, Sponsor shall operate such lighting from sunset to sunrise either manually or by radio control following comple- tion of the project. T,U Form 400 -6 (3/83) Page 4 of 8 4 � 1 I 17. insofar as reasonable and within its power, Sponsor shall adopt and enforce comprehensive zoning regula- tions to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities compatible with normal airport operations as provided in art. 46e -3, VACS. Sponsor shall also acquire and retain aviation easements or other interests in or rights to the use of land or airspace, unless sponsor can show that acquisition and retention of such in- terest will be impractical or will result in undue hardship to Sponsor. No Sponsor shall be eligible for a subsequent grant under the program unless Sponsor has adopted and passed an airport zoning ordinance /order. 1E. The agency shall not be a party to any contract or commitment which Sponsor may enter into or assume in carrying out the project. 19. The Commission reserves the right to amend or withdraw this Offer at any time prior to acceptance by Sponsor. The acceptance period cannot be greater than 60 days after issuance unless extended in writing by the Commission. LO. This Grant Contract is subject to the applicable pro- visions of the Aviation Facilities Development Rules of the Texas Aeronautics Commission, 43 Texas Adminis- trative Code Section 65.01- 65.21, and the applicable provisions of the Texas Aeronautics Act art. 46c -1, et seq., VACS, the Municipal Airport Act, art. 46d -1, et seq., VACS, and the Airport Zoning Act, art 46e -1, et seq., VACS. Failure to comply with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the - Commission to pursue the remedies for breach as stated below. ?l. Special Conditions ido payment of State Funds will be made until a certified copy of the resolution, order or ordinance establishing the Paris Airport Fund, or attesting that such fund has previously been established, has been received and approved by this office. 1,:_ Form 400 -6 (3/83) Page 5 of 8 BREACH Of primary importance to the Commission is compliance with the terms and conditions of this grant contract. If, however, after all reasonable attempts to require compliance have failed, the Commission finds that Sponsor is unwilling and /or unable to com- ply with any of the terms and conditions of this grant contract, or the application incorporated herein, the Commission may, in its discretion, pursue one or both of the following remedies: (1) advise the Attorney General to bring suit seeking pro rata reimbursement of the amount paid to Sponsor by the State, pursuant to the Grant Contract; (2) deny Sponsor's future requests for state aid. The Commission shall be limited to the assets -of the City of Paris Airport Fund in pursuing any remedy for breach. The Sponsor's acceptance of this Offer and ratification and adoption o' a! trl i cation f-nrr rant_ contract incorporated herein- shal 1 he t:v i 6011 .ed by execut ion o f this i n trument by the Sponsor, a> here - in nier provided, and said Offer and Acceptance shall comprise a Srant Contract, constituting the obligations and rights of the Stair_ of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the Airport. Sucn Srant Contract shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the pcojecr., but in any event not to exceed twenty (20) years from the 0ve of said acceptance. TAC Form 400 -6 (3/83) Page 6 oF 8 J U y STATE OF TEXAS TEXAS AERONAUTICS COMMISSION B v : A. Wilkins, Executive Director Part _II_- Acceptance the _ _litof Par-is hereby ratify an'd adopt all s,- te,.(nts, representations, warranties, covenants and agreements -.cistituting the described project and incorporated materials re ?erred to in the foregoing Offer, and does hereby accept the C-Ffer, and by such acceptance agrees to all of the terms and con - ditions thereof. i 1c-cuted this day of r ,',L Li, st: Title: By: Title: 19 City of Paris (Sponsor) TAC Form 400 -6 .(3J83) Page 7 of 8 Part III - Certificate of Attorne acti rig as attorney for Texas, do herehy certify that I have fully examined the foregoing Grant Contract and the proceedings taken by -7aid Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant Contract by ":aid Sponsor, is in accordance with the laws of the State of Texas. Dated at J (Seal; Attest: Title: Texas, this _ day of — By Title: Mayor Graham announced that the next order of business would be consideration of an Ordinance for the sale of Waterworks and Sewer System Refunding Revenue Bonds Series 1983 in the amount of 3,150,000.00. Mr. Peter Tart of McCall, Parkhurst and Horton, Legal Firm, and Mr. Bob Day, Rauscher Pierce Investment Firm both appeared before the Council and advised the Council of provisions of the Ordinance for the sale of the bonds. ORDINANCE NO. 83 -027 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PARIS WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1983 was presented. A motion was made by Councilman Bell, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 6 ayes 1 nay, Councilman Williams voting nay. __— Resolution No. 83 -024 authorizing the execution of a bond purchase contract was presented. A motion was made by Councilma McWaters, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 6 ayes, 1 nay, Councilman Williams voting nay. :rJ 1 RESOLUTION NO. 83 -024 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF LAMAR CITY OF' PARIS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 31ST DAY OF MAY, 1983, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Joe Graham, Mayor George Fisher, Jr. Nathan Bell Jeff Hoog Donald G. Wilson Walter F. Williams Harold Green, City Clerk CTS." and all of said persons were present, except the following absentees: �!., thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING EXECUTION OF BOND PURCHASE CONTRACT was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: 1;0.rre . 1", lL r 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Clerk of said City have duly signed said Resolution; and that the Mayor and the City Clerk of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 31st City Clerk SEAL day of May, 1983. C - AtLrVl M yor W RLSOLUTION AUTHORIZING EXECUTION OF BOND PURCHASE CONTRACT THE STATE OF TEXAS COUNTY OF LAIAR CITY OF PARIS WHEREAS, the City has concurrently herewith authorized the issuance of its Waterworks and Sewer System Revenue Refunding Bonds, Series 1983, in the principal amount of $3,110,000 (the "Bonds ") for the purpose of refunding City of Paris, Texas Waterworks and Sewer Revenue Refunding Bonds, Series 1957, dated January 1, 1957 in the amount of I $305,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1957 -A, dated August 1, 1957 in the amount of $185,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1962, dated October 1, 1962 in the amount of $130,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1973 -A, dated January 1, 1973 in the amount of $145,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1973 -B, dated January 1, 1973 in the amount of $220,000, City of Paris, Texas Waterworks and Sewer System `` Junior Lien Revenue Bonds, Series 1966, dated January 10, I; 1966 in the amount of $1,800,000 and City of Paris, Texas Certificates of Obligation, Series 1981, dated April 15, 1981 in the amount of $605,000 (the "Refunded Bonds "); and WHEREAS, the City has determined that it is in the best interest of the City to enter into a Bond Purchase Contract I' with respect to the offer and sale of the above referenced Bonds. i' j THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF i; THE CITY OF PARIS: Section 1. The Mavor of the City is hereby authorized and directed to execute and deliver and the City Clerk of j, the City is hereby authorized and directed to attest the Bond Purchase Contract relating to the Bonds between Rauscher Pierce Refsnes, Inc. and the City, a copy of which is attached hereto as Exhibit A. Section 2. That the Resolution shall become effective upon its passage. Section 3. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. art. 6252 -17, as amended. Passed and adopted this 31st day of Ma , 1983. yor, City of Paris ATTEST: City Clerk, City of Paris APPR ED �Le11 /O FORM: City At orney, City of Paris Resolution No. 83 -025 authorizing the execution of a escrow agreement was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Resolution. The motion carried 6 ayes, 1 nay, Councilman Williams voting nay. RESOLUTION NO. 83 -025 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF L,AMAR CITY 01' PARIS 1,•7e, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 31ST DAY OF MAY, 1983, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Joe Graham, Mayor George Fisher, Jr. Nathan Bell Jeff Hoog Donald G. Wilson Walter F. Williams Harold Green, City Clerk and all of said persons were present, except the following absentees: VwUp, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING EXECUTION' OF ESCROW AGREEMENT was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted " Aye °'. NOES: Netse . 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Clerk of said City have duly signed said Resolution; and that the Mayor and the City Clerk of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 31st day of May, 1983. City Clete— yor SEAL �,�. 1�;- �p 1 s-76 RESOLUTION AUTHORIZING EXECUTION OF ESCROW AGREEMENT THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS WHEREAS, the City has concurrently herewith authorized the issuance of its Waterworks and Sewer System Revenue Refunding Bonds, Series 1983, in the principal amount of r S3,110,000 for the purpose of refunding City of Paris, Texas Waterworks and Sewer Revenue Refunding Bonds, Series 1957, dated January 1, 1957 in the amount of $305,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1957 -A, dated August 1, 1957 in the amount of $185,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1962, dated October 1, 1962 in the amount of $130,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1973 -A, dated January 1, 1973 in the amount of $145,000, City of Paris, Texas Waterworks and Sewer System Revenue Bonds, Series 1973 -B, dated January 1, 1973 in the amount of $220,000, City of Paris, Texas Waterworks and Sewer System Junior Lien Revenue Bonds, Series 1966, dated January 10, 1966 in the amount of $1,800,000 and City of Paris, Texas Certificates of Obligation, Series 1981, dated April 15, 1981 in the amount of $60,000 (the "Refunded Bonds "); and WHEREAS, Article 717k, Vernon's Texas Civil Statutes, authorizes the City to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with the place of payment (paying agent) for the Refunded Bonds, and such deposit, if made before such payment dates, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the outstanding Refunded Bonds; and WHEREAS, Article 717k further authorizes the City to enter into an escrow agreement with any paying agent for the outstanding Refunded Bonds with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the City and such paying agent may agree, provided that such deposits may be invested and reinvested including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which may be in book entry form, and which shall mature and /or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment or prepayment of the outstanding Refunded Bonds; and WHEREAS, InterFirst Bank Dallas, National Association (formerly First National Bank in Dallas) is the paying agent for the outstanding Refunded Bonds with the exception of the City's Certificates of Obligation, Series 1981 which will be retired on the delivery date of the City's Refunding Bonds, Serie 1983, and the Escrow Agreement hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by said Article 717k; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk of the City is hereby authorized and directed to attest an Escrow Agreement in substantially the form attached hereto as Exhibit A. Section 2. That the Resolution shall become effective upon its passage. Section 3. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. art. 6252 -17, as amended. • "9 ESCROW AGREEMENT City of Faris Waterworks and Sewer System Re�Tenue Refunding Bonds, Series 1983 THIS ESCROW AGREEMENT, dated as of June 15, 1983 (herein, together with any amendments or supplements hereto, zalled the "Agreement ") is entered into by and between the ity of Paris, Texas (herein called the "Issuer ") and .n-cerFirst Bank Dallas, National Association, Dallas, Texas, as escrow agent (herein, together with any successor in such zapacity, called the "Escrow Agent"). W I T N E S SETH: F WHEREAS, the Issuer's Waterworks and Sewer System :Revenue Bonds, Series 1957, Series 1957 -A, Series 1962, `Series 1973 -A and Series 1973 -B, the Issuer's Waterworks and 'Sewer System Junior Lien Revenue Bonds, Series 1966, ;(collectively the "Refunded Bonds ") were issued pursuant to various ordinances (the "Refunded Bond Ordinances ") which provide that the Refunded Bonds shall mature serially in such years, bear interest at such rates and have debt service at the times and in the amounts set forth in Exhibit A attached hereto and made a part hereof; and WHEREAS, when the firm banking arrangements have been made for the payment of principal and interest to maturity for all of the Refunded Bonds, then such Refunded Bonds shall no longer be regarded as outstanding except for the Purpose of receiving payment from the Funds provided for such purpose; and WHEREAS, Article 717k, Vernon's Texas Civil Statutes, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with one of the places of payment (paying agent) for the Refunded Bonds (having the largest capital and surplus, and such deposit, if made before such payment dates, shall constitute the making 'of firm banking and financial arrangements for the discharge and final payment of the Refunded Bonds; and WHEREAS, Article 717k further authorizes the Issuer to (;enter into an escrow agreement- with any paying agent or trustee for the Refunded Bonds with respect to the safe- keeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and condi- tions as the Issuer and such paying agent or trustee may agree, provided that such deposits may be invested and reinvested only in direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the t;nited States of America, and which may be in book entry form, and which shall mature and /or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of the Refunded Bonds; and WHEREAS, the Escrow Agent is one of the paying agents for the Refunded Bonds having the largest capital and surplus, and this Agreement constitutes an escrow agreement of the kind authorized and permitted by said Article 717k; and WHEREAS, the Issuer has adopted an ordinance (the "Refunding Bond Ordinance ") authorizing the issuance of $3,110,000 City of Paris Waterworks and Sewer System Revenue refunding Bonds, Series 1983 (the "Refunding Bonds ") for the purpose of providing, together with other lawfully available _ands provided by the is- 2tier, amounts sufficient to provide nor the payment of tl:e principal of and interest on the Refunded Bonds on the dates and in the amounts shown on Exinibit "B" attached hereto; and 1 °dHERE:.S, the Issuer desires. that, concurrently with t : delivery of the Refunding Bonds to the purchasers thereof, the proceeds of the Refunding Bonds, and other funds, shall be applied to purchase certain direct obligations of the 'inited States of America hereinafter defined as the Escrowed Securities for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance (if needed) in such Escrow Fund; and WHEREAS, the Escrowed Securities shall mature and the ;interest thereon shall be payable at such times and in such .amounts so as to provide moneys which, together with cash balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded Bonds as it accrues and becomes payable and the principal of the Refunded Bonds whether at maturity or upon redemption; and WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities, particularly those in book entry form, the Issuer desires to establish the Escrow Fund at the principal corporate trust office of the Escrow Agent; and WHEREAS, the Escrow Agent is also a party to this Agreement to acknowledge its acceptance of the terms and provisions hereof; NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Bonds, the Issuer, and the Escrow Agent mutually undertake, promise, and agree for themselves and their respective representatives and successors, as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless the context clearly indicates otherwise, meanings assigned to Agreement: the following terms shall have the them below when they are used in this "Code" means the Internal Revenue Code of 1954, as amended, and the rules and regulations thereunder. "Escrow Agent" means InterFirst Bank Dallas, National Association, Dallas, Texas and its successors as Escrow Agent under this Agreement. "Escrow Fund" means the fund created by this Agreement to be administered by the Escrow Agent pursuant to the provisions of this Agreement. "Escrowed Securities" means the $1,995,900 in princ- ipal amount of noncallable United States Treasury Obliga- tions - State and Local Government Series to be initially purchased with proceeds of the Refunding Bonds together with all reinvestments of the proceeds thereof as contemplated and required and as more fully described in Exhibit "C" attached to this Agreement. 2 f ''Issuer" means the City of Paris, Texas. "Paying Arionts" means the Escrow Agent. "Refunded Bonds" means the Issuer's Waterworks and Sewer System Revenue Bonds, Series 1957, Series 1957 -A, Series 1962, Series 1973 -A, and Series 1973 -B, and ti,aterworks and Sewer System Junior Lien Revenue Bonds, Series 1966, all as further described in Exhibit A, attached .hereto. "Refundinc Bonds" means the Issuer's Waterworks and Sewer System Revenue Refunding Bonds, Series 1983. "Refundi_ng Bond _O_rd_inan_ce" means the Issuer's resolution authorizing the issuance, sale and delivery of the Refunding Bonds. Section 1.02. Interpretations. The titles and head- ings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Section 2.01. Deposits in the Escrow Fund. The Issuer has deposited, or caused to be deposited, in the Escrow Fund the following funds and Escrowed Securities: (a) $311,997.81 as the beginning cash balance for the Escrow Fund; (b) the Escrowed Securities described in Exhibit "C" attached hereto. ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special and irrevocable escrow fund to be known as the City of Paris Waterworks and Sewer System Revenue Refunding Bonds, Series 1983 Escrow Fund (the "Escrow Fund ") . The Escrow Agent hereby acknowledges that there has been deposited to the credit of such Escrow Fund the beginning cash balance and the Escrowed Securities as described in Section 2.01. The Escrowed Securities and all proceeds therefrom shall be the property of the Escrow Fund, and shall be applied only in strict conformity with the terms and conditions of this Agreement. All of the Escrowed Securities, all proceeds therefrom and all cash balances from time to time on deposit in the Escrow Fund are hereby irrevocably pledged to the payment of the principal of and interest on the Refunded Bonds, which payment shall be made by timely transfers to the Paying Agents of such amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have been made to the Paying Agents for the payment of such principal of and interest on the Refund- ed Bonds, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and, after deducting all fees and expenses of the Escrow Agent then due and unpaid hereunder, the Escrow Agent shall thereupon be discharged from any further duties hereunder. 3 The Escrow Agent, in its capacity as agent for the other Paying Agents, further agrees that such portion of the Esczow Fund, together with the proceeds thereof, required to provide for timely payments of principal of and interest on the Refunded Bonds shall be held in the Escrow Fund for and on behalf of the other Paying Agents and shall be made a-�ailable to the other Paying Agents to make such timely Payments of principal and interest on the Refunded Bonds. Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer to the Paving Agents for the Refunded Bonds from the cash balances from time to time on deposit in the Escrow Fund, the amounts required to pay the principal of and interest on the Refunded Bonds in the amounts and at the times shown in Exhibit B attached hereto. Section 3.03. _Sufficiency of Escrow Fund. The Issuer represents that the successive receipts of the principal of and interest on the Escrowed Securities will assure that the ;cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for !transfer to the Paying Agents at the times and in the amounts required to pay the interest on the Refunded Bonds ,as such interest comes due and the principal of the Refunded Bonds as the Refunded Bonds mature or are redeemed prior to ;their maturity, all as more fully set forth in Exhibit B attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by the Paying Agents to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from lawfully available funds, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any :Wanner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Escrow Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of such Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as escrow funds for the benefit of the holders of the Refunded Bonds; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The holders of the Refunded Bonds shall be entitled to the same preferred claim and first lien upon the Escrowed Securities, the proceeds thereof and all other assets of the Escrow Fund to which they were entitled as holders of the Refunded Bonds. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to I with respect thereto except in its capacity as Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided, by the Paying Agents. Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured by a pledge of direct obligations of, or obligations 0 J unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. ARTICLE IV LIMITkTION ON INVESTMENTS Section 4.01. _General. Except as herein otherwise expressly provided, the Escrow Agent shall not have any ;power or duty to invest any money held hereunder; or to make substitutions of the Escrowed Securities; or to sell Transfer or otherwise dispose of the Escrowed Securities. In particular, except as provided in Sections 4.02 and 4.03 .__.Dw, cash balances on deposit in the Escrow Fund shall not be reinvested or bear interest, and the Escrow Agent shall be entitled to retain any benefit from the "float" (if any) resulting therefrom as additional compensation for its services hereunder. Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Escrow. The Escrow Agent proceeds of the Escrowed Securities escrowed securities, at such times, such terms and bearing interest at provided in the Exhibit purchased, shall also constitute hereunder. shall reinvest certain in certain additional in such amounts, for 0 °0, all as more fully Such securities, when Escrowed Securities Section 4.03. Substitution of Securities. At the written request of the Issuer, and upon compliance with the conditions hereinafter stated, the Escrow Agent shall utilize cash balances in the Escrow Fund, or sell, transfer, therwise dispose of or request the redemption of the Escrowed Securities and apply the proceeds therefrom to purchase Refunded Bonds or direct obligations of, or obligations the principal of and interest on which is unconditionally guaranteed by, the United States of America which do not permit the redemption thereof at the option of the obligor, and in connection therewith the Issuer reserves the right to call for redemption prior to maturity any of the Refunded Bonds to the extent permitted by their authorizing ordinances. Any such transaction may be effected by the Escrow Agent only if (a) the Escrow Agent shall have received a written opinion from a nationally recognized firm of certified public accountants that such transaction will not cause the amount of money and securities in the Escrow Fund to be reduced below an amount sufficient to provide for the full and timely payment of principal of, redemption premium on and interest on all of the remaining Refunded Bonds as they become due, taking into account any optional redemption thereof exercised by the Issuer in connection with such transaction; and (b) the Escrow agent shall have received the unqualified written legal opinion of nationally recognized bond counsel or tax counsel to the effect that such transaction will not cause the Refunded Bonds or Refunding Bonds to be "arbitrage bonds" within the meaning of Section 103 (c ) of the Code. Section_ 4.0_4_. Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause the Refunded Bonds or the Refunding Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Code. 9 r �a. :Y ARTICLE V RECORDS, AND REPORTS Section 5.0.1. Records. The Escrow Agent will ker_p Looks of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the ;coney and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable r, conditions by the Issuer and the holders of the Refunded Bonds. Section 5.02. Reoorts. For the period beginning :.,)n the date hereof and ending on June 15, 1984, and for each :twelve (12) month period thereafter while this Agreement remains in effect, the Escrow,Agent shall prepare and send to the Issuer within thirty (30) days following the end of such period a written report summarizing all transactions relating to the Escrow Fund during such period, including without limitation credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund to the Paying Agents for payments on the Refunded Bonds or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE.. VI CONCERNING THE PAYING AGENTS AND ESCROW AGENT Section 6.01. Representations. The Escrow Agent hereby represents that it is one of the paying agents for :he Refunded Bonds having the largest capital and surplus. "he Escrow Agent hereby represents that it has all necessary !power and authority to enter into this agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations 'hereunder. Section 6.02. _Limitation on Liability. The liability of the Escrow Agent to transfer funds to the Paying Agents for the payment of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow Agent nor the Paying Agents shall have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken as the statements of the Issuer and stall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the Refunding Bond Ordinances or the Refunded Bond Ordinances and is not responsible for nor bound by any of the provisions thereof (except as paying agent). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the C:7 Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in he p,erfor,� ante of any of its duties or the exercise of an,- _ -- i ts right_- and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or mower conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Aaent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or ;,the performance or failure of performance oX the Issuer with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund and to dispose of and deliver the same in accor- dance with this Agreement.. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In i determining the occurrence of any such event or contingency the Escrow Agent may request from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contin- gency, and in this connection may make inquiries o£, and consult with, among others, the Issuer at any time. Sect ion 6.03. Compensation. The Issuer will pay to the Escrow Agent total fees of $26,475.60 of which $2750 will be paid initially upon delivery of the Refunding Bonds, with the balance of such fee, being $23,725.60, to be paid from the Escrow Fund in accordance with Exhibit B on those dates stated therein. This fee will be paid to the Escrow Agent for performing the services hereunder and for all expenses incurred or to be incurred in the administration of this Agreement and for all future services of the Paying Agents in connection with the Refunding Bonds. In the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extra- ordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services, •and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses. Except as otherwise pro- vided in Section 3.01 hereof, the Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its ex- penses. Section 6_04. Successor _Escrow _Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation of law or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate resolution, shall i•romptly appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed by the solders of a majority in principal amount of the Refunded Sonds there outstanding by an instrilment or instruments in ,;riting filed with the Issuer, signed by such holders or by :.heir duly authorized attorneys -in -fact. If, in a proper :,ease, no appointment of a successor Escrow Agent shall be 1-I.ade pursuant to the foregoing provisions of this section +within three months after a vacancy shall have occurred, the 'Molder of any Refunded Bond may apply to any court of ,competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it ;may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation or !association organized and doing business under the laws of ;the United States or the State of Texas, authorized under :such laws to exercise corporate trust powers, having its ;principal office and place of business in the State of 'Texas, having a combined capital and surplus of at least 1$5,000,000 and subject to the supervision or examination by Federal or State authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument 'accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such !successor Escrow Agent, subject to the terms of this Agi:ee- 1ment, all the rights, powers and trusts of the Escrow Agent ;hereunder. Upon the request of any such successor Escrow ! Lgent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirm- ing to such successor Escrow Agent all such rights, powers ,and duties. The Escrow Agent shall pay over to its succes- sor Escrow Agent a proportional part of the Escrow Agent's Fee hereunder. ARTICLE VII MISCELLANEOUS Section 7.01. Notice. Any notice, authorization, .request, or demand required or permitted to be given here- under shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed as follows: To the Escrow Agent: InterFirst Bank Dallas, N.A., P.O. Box 83655 Dallas, Texas 75283 Attention: Corporate Trust Department To the Issuer: City of Paris P.O. Box 1037 Paris, Texas 75460 Attention: City Manager The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. Section Termination of Responsibilities. Upon the taking of all the actions as described herein by the ;!Escrow Agent, the Escrow Agent shall have no further obliga- tions or responsibilities hereunder to the Issuer, the holders of the Refunded Bonds or to any other person or persons in connection with this Agreement. Section 7.03. Bindinq A reeement. This Agreement shall �e binding upon the Issuer and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the holders of the Refunded !'Bonds, the Issuer, the Escrow Agent and their respective successors and legal representatives. E Section 7.04. Seyerabili.ty. In case any one or more of the provisions contained in this Agreement shall for any !reason be held to be invalid, illegal or unenforceable in J'any respect, such invalidity, illegality or unenforceability 'shall not affect any other provisions of this Agreement, but ;.this Agreement shall be construed as if, such invalid or 'illegal or unenforceable provision had never been contained herein. Section 7.05. Texas Law Governs. This Agreement shall �be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 7.06. Time of the Essence. Time shall be of !the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. EXECUTED as of the date first written above. ATTEST: City Secretary (CITY SEAL) i' r ATTEST: 3! II i Title: I' ( BANK SEAL) M ME CITY OF PARIS, TEXAS Mayor INTERFIRST BANK DALLAS, NATIONAL ASSOCIATION, DALLAS, TEXAS E ,J There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: C. GREENE, CITY N MINUTES OF THE SPECIAL COUNCIL MEETING CITY OF PARIS June 8, 1983 The City Council of the City of Paris met in special session, Wednesday, June 8, 1983 at 5:15 P. M. Mayor Graham called the meeting to order with the follow Councilmen present_ Donald G. Wilson, Gene McWaters, Jeff Hoog, and Walter F. Williams. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of holding a public hearinq on the Proposed Budget beginning July 1, 1983 and ending September 30, 1983, being the Interim Budget required for the City to change the physical period from July 1st to October 1st, Mayor Graham declared the hearing open on the proposed budget. There being no one to speak for or against or question the budget, the public hearing was declared closed. City Manager Doty explained the major increases in the proposed budget and discussed with the Council the method and philosophy involved in arriving. at the salary and wage accounts as well as discussing the major department head salaries, After discussion, a motion was made by Councilman Williams, seconded by Councilman Wilson to approve the budget as presented. The motion carried 5 ayes, 0 nays. APPROPRRATION ORDINANCE 83 -028 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING JULY 1, 1983, AND ENDING SEPTEMBER 30, 1983, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, APPROPRIATING THE VARIOUS AMOUNTS THERE- OF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFILCT THEREWITH was presented. A motion was made by Councilman Williams, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 5 ayes, 0 nays. There being no further business, the meeting adjourned. ATTEST: H C GREENE, CITY CLERK JOE GRAHAM, MAYOR, CITY OF PARIS �1 a MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL+; June 13, 1983 The City Council of June 13, 1983, 7:00 Graham called the m present: Donald G. Walter F. Williams, David H. Doty, City the City of Paris met in regular session, Monday, P. M. in the Council Room of City Hall. Mayor eeting to order with the following Councilman Wilson, Gene McWaters, Jr.,Nathan J. Bell, and Jeff Hoog. Also present were City Manager, Attorney, T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Councilman Walter Williams. r---- Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, th`e minutes were approved as presented. Mr. Bill Brooks, Development Coordinator for the Red River Authority of Texas, appeared before the Council and discussed authority programs, and requested the City's support of the programs. After disucssion, a motion was made by Councilman Bell, seconded by Councilman McWaters, authorizing the City Attorney to prepare a Resolution supporting the programs. The motion carried 6 ayes, 0 nays. Councilman Wilson requested to be excused from the next item on the agenda. A motion was made by Councilman McWaters, seconded by Councilman Hoog excusing Councilman Wilson. The motion carried 5 ayes, 0 nays, and Councilman Wilson left the Council chambers. Mr. Brandon Chaney appeared before the Council and discussed a proposed experimental amendment to subdivision regulations with regard to soil stabilization fabric for City Streets. Councilman Fisher entered the Council Chamber and assumed his chair at the Council table. Mr. Chaney requested authority to use stabilization fabric on a street in Morningside Addition on an experimental basis. A motion was made by Councilman Williams, seconded by Councilman McWaters authorizing the use of stabilization fabric as requested on and experimental basis only. The motion carried 5 ayes, 1 nay, Councilman Fisher voting nay. Councilman Wilson entered the Council chamber and assumed his chair at the Council table. Mayor Graham announced that the next order of business would be consideration of recommendations made by the Planning and Zoning Commission. Minutes of the Planning and Zoning Commission as referred to in these minutes are attached as Exhibit A. Mayor Graham declared the public hearing open on the petition of Dorothy Mallison for a change in zoning from a Multi- Family Dwelling District No. 1 to a Commercial District on Lots 15, 23, and 24, City Block 157 located between S. Main Street and 1st S. W. approximately 170 feet South of Long Avenue. Councilman Bell requested to be excused from the Council Chambers. A e motion was made by Councilman Williams, seconded by Councilman McWaters excusing Councilman Bell. The motion carried 6 ayes, 0 nays, and Councilman Bell left the Council Chambers. Mr. Webb Biard, Attorney, appeared before the Council in behalf of the proponent stating that Mrs. Mallison requested to withdraw the applica- tion for rezoning. Mayor Graham declared the public hearing closed and Councilman Bell entered the Council Chambers and assumed his chair at the Council Table. Mayor Graham declared the public hearing Creek Development for a change in zoning and Multi - Family Dwelling District No. 1 District No. 2 on a 36.07 acre tract of City Block 319 located on the south side intersection with Spur 139. open on the petition of Oak from a General Retail District to a One Family Dwelling land being part of Lots 2 and 3 of F. M. Highway 195 at its Mr. Joe McCollum, Director of Community Development, advised the Council of the Planning and Zoning recommendations as attached in Exhibit A hereto. Mayor Graham called for proponents to appear and Mrs. Bell Davis appeared before the Council in behalf of the petitioners. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO. 83 -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 ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) ON PART OF LOTS 2 AND 3 CITY BLOCK 319, ON PROPERTY BELONGING TO OAK CREEK DEVELOPMENT, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open Wayne Brown for a change in zoning from a One No. 2 to a One Family Dwelling District No. 2 Recreation Facility, Private (12) on Lot 2, Estates Part 3 located between Loop 286 S. E. of Morningside Drive. on the petition of D. Family Dwelling District and Specific Use Permit City Block P, Morningside and 38th S E. North Councilman Hoag requested to be excused from the Council Chambers. A motion was made by Councilman Williams, seconded by Councilman Fisher to excuse Councilman Hoog. The motion carried 6 ayes, 0 nays, and Councilman Hoog departed the Council Chamber. i i Joe McCollum, Director of Community Development,advised the Council of the Planning and Zoning Commission's recommendations. Mr. Paul Landers appeared in behalf of the Morningside Homeowners Association. Mayor Graham called for opponents to appear and Mr. Edgar Stone appeared before the Council in opposition to the zoning change. Mayor Graham declared the public hearing closed. ORDINANCE NO. 83 -030 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) AND SPECIFIC USE PERMIT - RECREATION FACILITY PRIVATE (12) ON LOT 2, BLOCK P, MORNINGSIDE ESTATES PART 3, ON PROPERTY BELONGING TO D. WAYNE BROWN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND SPECIFIC USE PERMIT - RECREATION FACILITY PRIVATE (12) SO ESTABLISHED. was presented. Discussion was had on closing hours of the Recreation Center as well as membership limited to homeowners in the Morningside Addition, and safety and lighting requirements. After further discussion, a motion was made by Councilman McWaters, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 5 ayes, 1 nay, Councilman Fisher voting nay. Councilman Hoog entered the Council Chambers and assumed his seat at the Council table. Mayor Graham declared the public hearing open on the petition of Gary Nash for a change in zoning from a One Family Dwelling District No. 2 to a General Retail District on Lot 3, City Block 205 located on the northwest corner of W. Kaufman Street and 21st S. W. Joe McCollum, Director of Community Development, appeared before the Counciland advised the Council of the Planning and Zoning Commission's recommendations as shown in Exhibit A attached hereto. Mr. Gary Nash appeared before the Council and requested continuation on his petition for action no later than the September meeting. A motion was made by Councilman Bell, seconded by Councilman Williams approving the request. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing closed on the petition of Gary Nash and called for a public hearing before the Planning and Zoning Commission in the September 1983 meeting. A motion was made by Councilman McWaters, seconded by Councilman Fisher referring the matter to the Planning and Zoning Commission in their September meeting. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Gary Nash for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit -Auto Laundry (3) on part of Lot 29, City Block 249 located north of Clarksville Street behind the Cinema Theater at 2605 Clarksville St. Joe McCollum, Director of Community Development, appeared before the Council and advised the Council of the Planning and Zoning Commission's recommendations as shown in Exhibit A. Mr. Gary Nash appeared before the Council in behalf of his petition. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO. 83 -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 GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - AUTO LAUNDRY (3) ON PART OF LOT 29, CITY BLOCK 249, ON PROPERTY BELONGING TO GARY NASH, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - AUTO LAUNDRY (3) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Wilson approving the Ordinance subject to the filing of a plat. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Douglas Carlow for a change in zoning from Heavy Industrial District to Heavy Industrial District and Specific Use Permit - Salvage Yard on Lots 5 and 6, City Block 5 of the Texas and Pacific Addition. Joe McCollum, Director of Community Development, appeared before the Council and advised the recommendations of the Planning and Zoning Commission shown in Exhibit A. Mayor Graham called for proponents to appear and Mr. Douglas Carlow appeared in his behalf. Mayor Graham called for opponents to appear and none appeared. City Attorney Haynes presented an annexation Ordinance for the Carlow Property. A motion was made by Councilman Williams, seconded by Councilman McWaters for approval of the Ordinance subject to a fence being constructed around the zoned area. The motion failed 2 ayes, 5 nays. Councilman Williams, and Councilman McWaters voting aye. Mayor Graham declared the public hearing open on the petition of the Lamar Avenueproperty between Collegiate Drive and 35th N. E. which property is currently zoned One Family Dwelling District No. 2. Joe McCollum, Director of Community Development, appeared before the Council advising the recommendation of the Planning and Zoning Commission. Discussion was had on Lot 6, and 7, City Block 286, Lots 22 -A, 22 -B, 22 -C, 23, 24, 24 -A, and 25 -A, City Block 249 and Lots 2, 3, 4, and 5 Block 1, Hayes Heights Addition, Lots 1, 2, 3, and 4, City Block 289; and Lots r- 3, 4, 5, 6, 7, 8, 9, 11, 12, and 13, City Block 296, and Lots 3, 4, 5, 6, 7, 8, and 9, City Block 285. Mayor Graham called for proponents to appear and Mr. John Mabry appeared in behalf of the rezoning matter. Mayor Graham called for opponents to appear and Mrs. Dorothy Maness and Mrs. Edna Petway appeared in opposition to the zoning changes. Mayor Graham declared the public hearing closed. ORDINANCE NO. 83 -032 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 SHOPPING CENTER (PD -a) ON LOT 6, CITY BLOCK 286, LOT 7, CITY BLOCK 286, AND LOT 1 -A, CITY BLOCK 287, ON PROPERTY BELONGING TO FRED DRAKE, JOE EARLY AND R. V. FREE, RESPECTIVELY, SO AS TO INCLUDE THEREIN TERRITORY FORM- ERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT SHOPPING CENTER (PD -a) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 83 -033 AN ORDINANCE AMENDING ZONING ORDINANCE NO 17.10 OF THE CITY OF PARIS, PARIS,TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT- OFFICE DISTRICT (PD -F) ON LOT 3, BLOCK 1 HAYES HEIGHTS ADDITON; LOT 4, BLOCK 1, HAYES HEIGHTS ADDITION; LOT 5, BLOCK 1, HAYES HEIGHTS ADDITION; LOT 22A, CITY BLOCK 249; lot 22B, CITY BLOCK 249; LOT 23, CITY BLOCK 249; LOT 24, CITY BLOCK 249; LOT 24 A, CITY BLOCK 249; LOT 25, CITY BLOCK 249; LOT 25A, CITY BLOCK 249; LOT 3, CITY BLOCK 296; LOT 4, CITY BLOCK 296; LOT 5, CITY BLOCK 296; LOT 6, CITY BLOCK 296; LOT 7, CITY BLOCK 296; LOT 8, CITY BLOCK 296; LOT 9, CITY BLOCK296; LOT 11, CITY BLOCK, 296; LOT 12, CITY BLOCK 296; LOT 13, CITY BLOCK 296; LOT 1, CITY BLOCK 289; LOT 2, CITY BLOCK289; LOT 3, CITY BLOCK 289; LOT 4, CITY BLOCK, 289; ON PROPERTY BELONGING TO GLENN SMALLWOOD, LUCILLE COKER, JACK BANKHEAD, RACHAL FABER, LAMAR GARDENS, W. A. BEATY, JOHN MADEWELL, RAMSEUR BAPTIST CHURCH, GLEN NASH, MYERS GRAVES, JAMES COBLE, LEONARD PRUETT, LAMAR AVENUE CHURCH OF CHRIST, FRANK STONE, LLOYD HERRON, BURL WHITAKER, T. A. CUNNINGHAM, MARY BUSH, MAMIE GRAVES, TERREL BOYD, RUFUS EDWARDS,W. N. BALLARD, DON HASLAM, AND GLENN EDWARDS, RESPECTIVELY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT - OFFICE DISTRICT (PD -f) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 83 -034 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 - OFFICE DISTRICT PD -f) ON LOT 3, CITY BLOCK 285; LOT 4, CITY BLOCK 285; LOT 5, CITY BLOCK 285; LOT 6, CITY BLOCK 285; LOT 7, CITY BLOCK 285; LOT 8, CITY BLOCK 285; AND LOT 9, CITY BLOCK 285; ON PROPERTY BELONGING TO JOHN HOUSE, GLENN SMALLWOOD, JIMMIE MCFADDEN, EDNA PETWAY, LEELON HAMIL AND C. A. SKIDMORE, RESPECTIVELY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT - DISTRICT OFFICE (PD -f) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Poss Long for a change in zoning from a One Family Dwelling District No. 2 to Office District on Lot 2, Block 1, Hayes Heights Addition. Councilman Bell requested to be excused from the Council Chambers. A motion was made by Councilman Williams, seconded by Councilman McWaters excusing Councilman Bell. The motion carried 6 ayes, 0 nays, and Councilman Bell removed himself from the Council Chambers. Joe McCollum Director of Community Development, appeared before the Council advising of recommendation of the Planning and Zoning Commission. Mayor Graham called for proponents to appear and Lonnie Kennemer appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and none appeared. After disucssion, a motion was made by Councilman Wilson, seconded by Councilman McWaters approving the rezoning petition. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 83 -035 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 OFFICE DISTRICT (0) ON LOT 2 BLOCK 1, HAYES HEIGHTS ADDITION TO THE CITY OF PARIS, ON PROPERTY BELONGING TO CECIL POSS LONG, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Councilman Bell entered the Council Chambers and assumed his seat at the Council table. City Manager Doty presented a proposed Ordinance amending the Zoning Ordinance to coincide with the proposed amendment of the subdivision regulation which allows reduce street requirements for larger lots. A motion was made by Councilman Fisher, seconded by Councilman McWaters setting the public hearing for the next regular Council meeting on the proposed changes. The motion carried 7 ayes, 0 nays. An Ordinance was presented allowing subdivision outside the City limits to reduce street construction requirements for very large lots. ORDINANCE NO. 83 -036 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO 1315 OF THE CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING SECTIONS 7A and 7F OF SAID ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF AN ESTATE TYPE STREET, HAVING MINIMUM WIDTH OF RIGHT OF WAY OF 60 FEET AND A MINIMUM PAVING WIDTH OF 18 FEET WITH DITCH DRAINAGE SYSTEM; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1983. was presented. A motion was made by Councilman Fisher, seconded by Councilman Bell for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. A replat of Lots 1, 2, and 3, Block 3, P. W. Harrison's Ninth Addition was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell approving the replat subject to Water and Sewer Service and fire protection tothe lots. The motion carried 7 ayes, 0 nays. Resolution No. 83 -027 referring City property to the Planning and Zoning Commission for a public hearing on property proposed for a sanitation transfer station in compliance with the State of Texas Health Rules and regulations and the laws of the State of Texas was presented. A motion was made by Councilman Bell, seconded by Council- man Fisher for approval of the Resolution. The motion carried 7 ayes, 0 nays. V •, !.. �. i RESOLUTICN NO. 83 -027 WHEREAS, the City Council of the City of Paris in keeping with its commitment to make every effort available to comply with the Texas Department of Health's requirements enumerated in its letter of February 11, 1983, has, inter- viewed consulting engineering firms, and sifter receipt of solicited proposals has hired Bunter Associates, Inc., to acquire a Solid Waste Type 5 Permit and to construct and place into operation a transfer station in compliance with the State of Texas Health Department criteria; and, WHEREAS, said Hunter Associates, Inc., have recommended the property described on Exhibit A attached hereto as the property best suited for said transfer station and the same should receive appropriate zoning for said use, NOW, THEREFORE, BE IT RESOLVED BY THE CITE' COUNCIL OF THE CITY OF PARIS, that the old landfill property, lying between Clement Road and Loop 286 N. E. and bordered on the West. by Central Manufacturing, Inc. property and bordered on the East by Horseshoe Properties, Inc., and more particularly described on Exhibit A attached hereto be, and the same is hereby referred to the Planning and Zoning Commission of the City of Paris for its recommendations concerning the proper zoning of the same in order that its use may be limited to the operation of a transfer station in compliance with the State of Texas Health Department rules and regulation and she laws of the State of Texas; and, BE IT FURTHER RESOLVED, that a public hearing be held before the Planning and Zoning Comriission concerning said propcity at 1:00 P.M., in the City Council Room, City Ball, Paris, Texas, on the 5th day of July, 1983, and that a public hearing be held before the City Council of the City of Paris at 7:00 P.M., in the City Council Room, City Hall, Paris, Texas, on the 11th day of July, 1983. Passed and adopted this 13th day of June, 1983. ATTEST: AS Graham, Mayor City Clurk •.PP :O'Jr:D AS TO FORM: City I'ttor.nc\ -- A C 0 A- t' � C7 (i n 11S I �o 0 c w N r-a -0 m m :�O :E:z D H p C-) n n n V) rT)m -< -< C A mmf N N Czn C 0 0 0 -V) 3 3 'n 'Tt m r— m m o m -i-� 70 -u -0 D;Q S= U) D D D D co Z C/N O C CC (D U)Nt/, 21Z X: CZ +++ C C C C w m 0 co -TI -< < -< m C✓ n r- D m - mm 2: C r u T_' C DD;T� J C r-r- V3? 3 rnr-� D C) f- (Z) C C-) U) c, C '--'I C e' C/) N m N N C/) S -G 'rl r-• r- I C C C (T f) G') r- r— C • p C7 m w H w Cr; M v) w 4�- 1 -0 cc N CJ, C 4:�- n m • rV State of Texas, .' (' <ruZt1,' tii L am, ar ) hitow- All Men by I'lu-se Pmsejits: We E.W. Lovell and wife Anna Lovell a t yr of Lamar and Stute oA" Texas, ;-n ^onsid.� rati c? No Tnousa,nd (w2CC0.00) LULLARS, us ; r hand pai d by The Ci ty of Pari s, T exas, the receipt of W hi ch :� re :�y s� krc;vl ed ;ems I 'i 2- -r� —SZ iT"' -ih d- hav(' . ,Lntc(], :it, bar. _�, 111, well ZLnd ei! -AVC %V ti: Au The City of Pari s, Texas its aucg esso rp ! rL:i_� „i ;ns for("V(�t., t.:(; .. _. . .. _..—... — .. _ _..._ ). J QUIT CLAIM DEED ? 11iE STATE OF TEXAS, ( J / I :CUIiTY OF LAMAR, I I .... KNOW ALL MEN BY THESE PRESENTS: THAT WE, Thomas M. Holt, a single man, and Daisie L. Holt, a feme sole, of the County of Lamir and State of Texas, for and in consideration of the sum of One aid no /100 ($1.00) DOLLAR t., ua in hand paid by LFXIN MOSS, of the County of Lmmnr and State of 'Texas, the receipt of which !, t, -rcby acknowledged, do, by these presents, BARGAIN, SELL, REZEASF., AND FOREVER QUIT CLAIM u::tc the said LFCN MOSS, his heirs, and assigns, all that certain tract or parcel of land lyl;.,• in the County of Lamar, and State of Texas, described anfollows, to -wit: a part of the Redding Ran;ell Survey about one and three- fcurth.9 miles Northeast of the rh'_Sc 2quare of Paris, described by metes and bounds as follows: at. a stake in t! :e SB lino of clement hrn d at the NE corner of a 13 acre tract of lni.A rcnveyed by J.H. Ryan to Goo. 11. Williams in March 14, 1' >U4 by deed recorded In Book 103, ra.•r c��, Lamar County Deed Pecords ; {= SOUth with the E-i line of said iiyan- 'Willlsms tract of lend 5ji feet, a stake at the :crn.,r of a colored grave yard; Test with the NB lira of said grave yard, passlr.c its i:n corner at 500 feet, contin- st in all 1283 feet, a stake; = 'forth 5:;6 feet, a :make in the SB line of Clement :ford; ... Fast with the =:B line of Clement Road 1<d3 feet to the place of beginning, containing; re, of land. : f.AVE AliD TO HCLD the said premises, together with all and ning-ulrr the rights, privilege• urtenances thereto In any manner belcnging; unto the said Lecn Moss, his heirs and fcr•evor, so that neither we, the said 'lheatna M. Ht.lt acid Dalnle L. Bolt, nor our t:oirs, ;cr :.n or persons claiming, under us shall, at any time nercalt or, hrcve, claim or demand ;:t or title to the aforesaid premEes or appurtenance +s, ur any {art tAw roof• cur hands at ravic, icxas, this ird day of Ccty bar, A•:' 11+' `- Thomas M. Holt (Thomas Y. hult) Lassie L. -Holt (D!iis:e L. A1110 r _ _ OF LXAS, ( N.Y COF LA.uAr= j : BEFCHE ME:, the undersigned, a Notary Public, in anu for said County,Texas, _. s day rersonally appeared 'homas M. Holt and Daisley L. Holt, a feme sole, known to me be �.he persons whose names are subscribed to the forego ng instrument, and actin owledged to t:..�,t trpy e=cn executed the same for the purposes and considmaticn therein expressed. MY HAIND AND SL1.L OF OFFICE, This 3rd day of October, A.D. 1955• Hardy Moore, Notary PubliC,l-amar Carnty, Texas. (Hardy Moore, Notary Public, Lamar County, Texas.) e- far r eccrd on the 5th day of October, A.D. 1955 at 1:50 of dock F.M. Johnny M. Store, County Clerk c- (r,' "r•iFFle, Deputy. Lamar County, Texas. - WARRANTY DEr1) CF TF_' {AS, I ..Y LF LAMA:l, : KNOW ALL MEN BY THESE PRESENTS: tae City of Paris, a municipal corporation, of the C(u my of Larrwr, State of Texas, ty and through James R. Gill, its Mayor, hereunto authorized by ordinance of the Govern- r7 _;!y of said City, duly adopted on the 23rd day of July, 1955, for and in conalderstion of su? of TiiT:?TF.F :1 THOUSAND FIVE HUNDRED AND NO /IOO ($13,500.00) DOLLARS, cash to it in hand ty :eon Moss, tiLz receipt cf which is hereby acknowledged, have Granted, Sold and Conveyed, ti:cee presents do Grant, Sell and Convey unto the said Leon Moss of the County of Laarar, c' :'exas, a21 that certain lot, tract or parcel of land, situated in Lamr County, Texas, ier-rit)ed as follows, to -wit: I,_., a pr.rt of the HeddinF Russell Su• vey and being a part of Mat is known as the City of !;r:'tcir properties, bounded as follows: at a point in the North Barndary lire of Clement Food at the most Wenterly r,ornor of of land conveyed to the City of Paris by deed recorded In yol. ,jd, Yage 621, Dusd larlsr c:uuitty, Texas; Thence North 20 dog. E=ast 356.14 feet, a stake; Thence North E33 0.9 feet., a stake; Thence North 20 deg. went 17�, feat, a stake; Thence East t, a stake; Thence Scutt :, at 500 feet pass the N.B. line of Clement Road, continuing; id rend rnd cm tinuing; South a distance of 977 fact in all; Thenco 'nest 5OU foot, a North 1177 fact to tlno place of beginnirg . a:ii except that portion of Clement Road, a public road, included in the deecriptlun reeve set out, and subject to the terms and provisions of any outstanding lease or _ :,;r<r ant heretofore executed by said City aid presently in force, and further subject e. =.istint and effective right of way casements vested in any person, firm or corporation A::C TO HOLD the above described promises, together with all aid singular, the rights ^:aces thereto in anywise belonging unto the said Leon Moss, his heirs and assigns a:.i said City of Farls does herbby bind itself, its successors and assigner, to n::_ 'orever Defend all and singular the said premises urt o the said Leon Moss, his a;.'. assi.•rs, a,;ainst everq person whomsoever lawfplly claiming, or to claim the same, or .'.,,ness whereof the said City of Paris has caused those presenta to be executed by James is sold Mayor, and attested by M.r'• Shelton, City Clark of said City of Paris, this :eitenter, A.D. 1955. Sheitcn City Clerk. (Seal) THE CITY OF IA:cIt:, TEXAS BY Jas. R. Gill, mayor, Y", the undersigned authority, a Notary Yubli_, In and for Lamar ec 344 P; 3t� 4:U E� it 7 4,v i a j-y 3 4 'Ja"3 .r '4 5 ,v .. r �r r: v n 1 i.. M1... y GENERAL WARRANTY DEED STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LA MAR I T1FAT, the CITY OF PARIS, a municipal corporation, of the County of F zmar and State of Texas, acting by Arid throng_ its Iuly authorized officer, James W. Farris, Mayor, he being duly ai::horized by Resolution No. 1419, passed by the City Council of the City of Paris, on the 10th day of �Iay, 1971, for and in consideration of the sum of TEEN AND N01100 ($10.00) DOLLARS, tlrc conveyance of 0.339 acres required for right of way for tl -le x; ,insion of Loop 286 N. E. , designated by the Texas Highway IX'par tnrent as Parcel 7 as the same appears on Sheet 5 of Proiect No. RW 8001 -1 -22, and other good and valuable considera- tion, to it in hand paid and delivered by CENTRAL MAMJFACTURLVG (V�'PANY, a Texas corporation, of Wichita County, Texas, the re- ceipt and sufficiency of which is hereby acknowledged, has Granted, Sold and Conveyed, and by these presents does Grant, I al.d Convev unto the said CENTRAL MANUFACTURING COMPANY of the County of Wichita, State of Texas, all that certain tract or parcel of land described as follows, to -wit: Situated in the corporate limits of the City of Paris, County of Lamar, State of Texas, a part of the Rodding Russell Survey and being a tract of land con- voyed to the City of Paris by deed as recorded in Vol. 238, Page 621, Deed Records, Lartar County, Texas. Beginning at a stake for corner, paid point being in the proposed South ROW Line of Loop Iii( hway 286 and a1�o being S 220 O1' W a distance of 43.8 feet from the North West Corner of said City of I'ctris tract; Thence S 220 01' W a distance of 273.2 feet along the West property line of Lot 7, City Block 276 belong- to Central Manufacturing Company; Thence S 870 50' E a distance of 265 feet to a point that is the North East Corner of Lot 2, City _lock 276; Thence S 00 05' E alone} the East Boundary Line of Lot 2, City Block 276 a distance of 300 feet to a point that is the North West Corner of Lot 3, City Block 276; Gt�+l529 r';u,.52l, T r ; Thence S 890 45' E with the North Boundary Line of said Lot 3 a distance of 50 feet to a point; Thence N 00 05' W a distance of 456 feet to a point in the proposed South Boundary Line of Loop Highway 286; Thence N 73o 51' W with said ROW Line a distance of 104.4 feet to a point; Thence continuing aloe <I _;aid ROW Lind N 560 10' W a distance of 128.7 feet to the place of beginning and r--- containing 1.033 acres. SAVE AND I•�CEPT the CI'I1' OP PARIS does hereby ex- pres;;ly reserves unto its ;(Ilf utility easements consisting of four (4) strip;; of land, 15 feet in width, 7.5 feet each side of center line for maintenance and relocation purposes, as shown on L \:iibi t A attached hereto. Said center lines being more particularly described as fol=Lows, as Easei?ients No. 1, 21 3 and 4: F^ASF IENT NO. 1: Beninninn in the center of an existing sanitary sewer manhole that is S. 120 45' E. a distance of 60 feet more or less from the North West Corner of tract of land herein conveyed, which point lies in the proposed South ROW Line of Loop 286. Thence N. 70o 50' W. a distance of 34 feet more or less to the present East Boundary Line of a tract of land known aE Lot 7, City Block No. 276 belonging to Central Manufacturing Company. Said point also being S. 22o 01' W. a distance of 50 feet from the North West Corner of tract Herein conveyed. U'1SEi`IENT NO. 2: Beginning at a point, said point being the same place of becinning as described in Easement No. 1. Thence N. 610 30' E. with the center line of an existing 27" sanitary sewer main a distance of 47 feet t, t It ( t I', itt( Left t titI l't'1l11'1 IitI itttt r- EASDIENT NO. 3: Beginning at a point; said point being the same place of beginning as described in Easement No. 1. Thence S. 410 0' E. with the center line of an existing 12" sanitary sewer main a distance of 300 feet more or less to a point where said center line inter- sects the East Boundary Li.r.c of the tract hcrein con - veyed, which EAst L'oundary Line bears N. O" 05'. FASI-ME'IT NO. 4: at a point- said point hci_ntt the same p1;kce oI- he�tint�in<1 ar, dt ;t.ri_hed in F.u,ement No. 1. Thence S. 30t' 10' W. kith the center ling of an existing 15" "attitary ,;ewer main a distance of 220 feet _ore or le ,',s to a point where >aId center line inter - sect s the Dresent Fast Bo t ndary Line of a tract of land known as Lot 7, City Block `'o. 276, belonging to Central. �IanuSacturinn Ccrnpany. `;:ti<; ptjint alr;o beinc; S. 220 O1' W. a distance, of 27th feet fro -I the ?'north W( t Corner of the tr.kct hort�in WARRANTY DEED RECORD, LAMAR COUN-ff WARKA-MrY DKXD—Vr" V..&-'. LA— Nt..I. WVt% 8--ft w JWM A4—kda>•.� 483 - THE STATE OF TEXAS COUNTY Cr-LLILa-1 K� All the By nttms Pr�tn That t10 City of Paris, Texan, a municipal corporation, of the County La-mar and State of Texas, by and through Its elected, qualified and acting Mayor, ,zs, duly authorized byajj0lUt1Dn No. 9 3, dated Docombor 14, 1959, 9—al -------- PI"TE TJIDRED TWE2=-FIVE AND 110100 ($525.00) ---------------------------------- to It, cash in hand paid by Dr. J. W. McCoy, the receipt a ril isufficiancy of which Is hereby acknowlodg6d, `• 0• •& 6- - 0----4 -d br M- r-w 6. Qk NA -A 0- -%. Dt. -M Dr. J. W. McCoy -d, O of Lamar . �.d Texas A th" :-a--t or parcel of land situated In the County of Lamar and State of Texas, and described a3 f C) 1 ow 3 : Teginning at a point in the North Boundary Line of Clement Road at the S.E. cornor of a tract of land sold to Leon Mons by the City of Paris and recorded In Vol, 344, Page 319 tll(3 Dtad Rocords of Lamar County, Texas. Thonco E113t along the North Boundary Line ins of Clomont Road 229 foot.tu the Wont Boundary of a 60 foot roadway, said point being 60 feet West of the S.W. corner of a 2.356 acre rnCt Dwn,�d by L. A. Johnson; -honce North parallel to and 60 foot West of Johnson's Wost Boundary Line a distance of "�O foot; T`i,�nco West parallel to and 200 feet North of the North Boundary Linn 6f Cloment Road a 143tanco of 229 foot to a point In the East Boundary Line of the said Leon Mons tract; 7honco South along the Moss East Boundary Linn a distance of 200 feet to the place of and containing 1.051 Acres. TO HA V1 AND TO HOLD the abm 40.a j y.rAr Wfth &a d the r%A.W &" .ppvrr►.s tk,— 1. .,W1. C6. wy ir J. I1cCey, and unto his hereby bind Itself, its successors and assigns, W.1.. AA.AATYi i(�YlGtO7(1. W d rt-. Da.! D mA Jr bw tb, a1,1 vr�A.r e" th. wU J. C (7 o'! and into un 4 tuf w0waom -!past *2 64 .... dkww W "Wft- Ist a, -e February A. D. it 60 Rf X1,10 C CITY OF-PAR.LS 2f ZXiL, zA ----------------------- T HE SrATE OF TEXAS a xro sts u a ---th a und o rs i gne d &u t; j-, or I t y t. j_ CA"" �rr or Lama- GLasas, 11ayor nf-tho Clty_ Qf_piLr-ia- Texas ,L� -, t- i v �- is -b- ' — and J� the o 8 3 - February &C L--J- . 11Y Co7i'l - Notary PublLc, - Ission Expires June 1, lQ61. -Lamar- County_ -Taxas- TM: : TATF OF TEXAS (oINTY or C—.I,. T— if. C b. Lh. W b.,t- b.— —a by r .1.11, b- —h-6d." th., •h. b-4 UjL_tv 4d Lb. r. I. it" —.4. 0." Jw M —t v6h w --t k. tail [V •N11K% MY HAND AND 29AL Or OMCX. TIw 4-.( A- D. 1. JL L) 71,:: '-,T,k-,F OP TEXAS 9KrU an 6 -A t- 0-1. T w thi. 1.1 m t, W 1" 'h' A. b..d r ^1twL J. 1h. — f— Lt. -- —d —4 tk. 1h. dw —t ib W Q"xu UN"X MY Z*" AXD MMkL Or OFTICOL TU4. 19 (I- 1L) -n -d I I y -Q f Fe - +A D. D, v ad a Z a (A-t t. C-! tt1 IA IWnR W T)L D f�y —ATE OF TL v.l. M(-;i ISY 7111.`.11 PUMEN"I CokNTI OF ULWJZ 711AI-, the Cin I'! C'IwIty 1,� and t)irI)utjh its W I 14JI 1,, 1114 City C.—ICil C, _41) )o: 1.A r.ARS , !6 1, J A.d d•i—II-1 Ill ":A ',M 111, th• • t ® .,i t.; 1. ,.. 1 .., '1 .Irr�.�v rl. ,,. t.. l,', .:, .t ... ,, ,r,. ,.r.v,t , 11M, q7 T 7 A-f f. C11Y nt J- A� , Al A; i ;jg Y� 4 tr A. A �. *�` .;n s �,4... y3 .� a.�°YIR'tni'si `� e'�'.IAY rPr'R"' tt; ,f 44 W,;: H I F STATE OF TE-XAN C I - A. I A I Z — _J_ That R, C13A J . SCI I T1 I Know All Alen By These Presents: e j! I ? .1 r-, t 17 e County 0i Lamar State of T(1"ts for ali(l in consideration of ;IIrll of T EN AND NO/100 ($I0.()0) - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS C( 1lM(W,-Mce of .432 acres front 1-11(1 1.1_101 (m N. 1,-. Loop 286 con- 10-BA J. SNIFT1I mcl in hand paid by THE CITY W PARIS. l, Mul-licil),11 corporal ion, the I-Ccelpt W111cl) (.V(,! tilt. ('unCrY !I'll(' 11`0 CITY TY Of- ainar f I, I st:ltc of it certain lArce-1 of de-scri-be(I Ck�, P i'L-L,,ated within the corporalcc- "111"s ()f the City of Paris, Lm-aar, State of To_xas, a tart the s,Alnc J)roporty conveve(I J. IlIc_I RUssell Survey 1-th by decd recorded '79, Page 373. of the Deed Nec()nEs. 0 County, Teas, a n d o, 4-A. Cjj\ 3 oc k 2 7 flI r I c Lt I -it 1-.] (1("-, c r '1 1) o d as F0 'k point in t lie `N,()r th Rounclary Line C)I- Clement Rd. :1 beinc, the South &ast corner m.- [_()l 4-A, Ci-ty Block 276; k, IQ, ()7 Y IV I 1c 0 N. 1 09 C. with the West prol)ert.v line 1881 to jk 1),) ' - I - I - c Reba J. Smith's 1 111 t I ()I c()rj)(_,r -'a I (I point a] corner (-)C Lot 4, Cl 1, \7 11 1 cl it-, c N -11 : , :Ico IV ,Iaco ()I- i o , I I 1_1 I I 1 1) , 1 "Lit) 10cl 1k) jm", :m( (t(�:. .1 lw(l ■ C' T C: (.V(,! tilt. ('unCrY !I'll(' 11`0 CITY TY Of- ainar f I, I st:ltc of it certain lArce-1 of de-scri-be(I Ck�, P i'L-L,,ated within the corporalcc- "111"s ()f the City of Paris, Lm-aar, State of To_xas, a tart the s,Alnc J)roporty conveve(I J. IlIc_I RUssell Survey 1-th by decd recorded '79, Page 373. of the Deed Nec()nEs. 0 County, Teas, a n d o, 4-A. Cjj\ 3 oc k 2 7 flI r I c Lt I -it 1-.] (1("-, c r '1 1) o d as F0 'k point in t lie `N,()r th Rounclary Line C)I- Clement Rd. :1 beinc, the South &ast corner m.- [_()l 4-A, Ci-ty Block 276; k, IQ, ()7 Y IV I 1c 0 N. 1 09 C. with the West prol)ert.v line 1881 to jk 1),) ' - I - I - c Reba J. Smith's 1 111 t I ()I c()rj)(_,r -'a I (I point a] corner (-)C Lot 4, Cl 1, \7 11 1 cl it-, c N -11 : , :Ico IV ,Iaco ()I- i o , I I 1_1 I I 1 1) , 1 "Lit) 10cl 1k) jm", :m( (t(�:. .1 lw(l ■ I'ATE OF TEXAS,� Know All INIen By These Presents; C 11,11% ;,f 374G 'Pl.lt I IAP IoN I kn(j IV I i-(,, ',\1ARY SM ITI 1, Of Cos s State of I- f(ir and in misideration of S"Im, t,f TF\ AND Niol/lon ($10.00) - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS, oC .432 acres Crom M(I 2,'15 1 (,(,,t on I,'. Loop 2t;O I coil- _)N S' SOLI I I I and UWIM( MJ Tl 1 , -w(i (hoc M(l Wi_]LU'_ib.)c oI I in hand paid by TI I P CITY 01,-'. 1 A[?.! C; , a r,.- lnicipjkI cor pc)ra A ion, _1'Ci.0nCY O h f WiCY is herby County, the receipt quid t73 L L I f -eved. , -ire�cnts (]-� Grant, Sell mid Cmivev uIlto the CITY 0 ��Id Cr'nx and ]Iv these Lunar State of T(2 all thl,if certain U) (tos,crlho(l Col I ()IV' o - w I I I within Iho im' I ; ()c t1w city oF corporzoe 11 1- - voy State T( a 1), � r I o I t ]I(, Plo(I(A I n (I Pit ''(41 Suu ol. kart of t1i, I . I)rol)(Ity c(mvy(I d ll-crlloll klok_4 Boo) 1, Goo) }: 42`1 . Pl-oic, 1--mi-ir Coun ty, and 33, Deed Rocor(l�',, I Block c r -i,-, follow.-] - :276 more par I I cul Iti -1 ic L h (' d I at 1) o i ri I (7 be' 111c, South rest c(rnor ()C l,ot 4-A. C:Jtti, 11 ()c,.I. 276; r7 i WiAll t1w 0I I A), to 1-k pojill: ( c 1 k)9T W. CZD W. alon(.i t h(, Nor I, li 1_)r0i)(,.i7 t.y 1 -1 lit, oC Lot 4 t 11<.rmon 1;m_1Ih C-3 -eved. , -ire�cnts (]-� Grant, Sell mid Cmivev uIlto the CITY 0 ��Id Cr'nx and ]Iv these Lunar State of T(2 all thl,if certain oC lam.l. (tos,crlho(l Col I ()IV' o - w I I I within Iho im' I ; ()c t1w city oF corporzoe 11 1- - voy State T( a 1), � r I o I t ]I(, Plo(I(A I n (I Pit ''(41 Suu ol. kart of t1i, I . I)rol)(Ity c(mvy(I d ll-crlloll klok_4 Boo) 1, Goo) }: 42`1 . Pl-oic, 1--mi-ir Coun ty, and 33, Deed Rocor(l�',, I Block c r -i,-, follow.-] - :276 more par I I cul Iti -1 ic L h (' d I at 1) o i ri I in the North ()F CIC111011t R(-W,(A be' 111c, South rest c(rnor ()C l,ot 4-A. C:Jtti, 11 ()c,.I. 276; i,-. WiAll t1w 0I I A), to 1-k pojill: ( c 1 k)9T W. a d.i.sI.-mce of to a point for corner W. alon(.i t h(, Nor I, li 1_)r0i)(,.i7 t.y 1 -1 lit, oC Lot 4 t 11<.rmon 1;m_1Ih a dig t,-mce of 20(.)' to a poi.nt: 0 1o091 L. zt dist,-uicc, of 10' to Iho,., North West corner of t -itv Block 270 ovmc,d by Rokk J. h N. 8)8'5.11 F. ii dj,;t,-mc(, oC 501 to Im-, North Hcl.i corn(,i- i10 pl,wo ()I lw(ll mi I 1w -M v . u I (I I L 1 1 whici" I lit, C1 1 The following petition were presented for zoning: John Biard, Lots 6, 7, and 8, Block 4, S. J. Wright Addition from General Retail District to General Retial Specific Use - Auto Laundry District; Willard Daugherty, Lot 1, City Block 311, from Neighborhood Service District to General Retail District; Mary Madewell, Lot 24A, City Block 249 from Residential District to Office District. Mayor Graham referred the petitions to the Planning and Zoning Commission for their recommendations and called for a public hearing at the next regular Council meeting. A motion was made by Councilman Fisher, seconded by Councilman Wilson referring the petitions and calling for a public hearing at the next regular Council meeting. The motion carried 7 ayes, 0 nays. Mayor Graham announced that the next order of business would be consider- ation of recommendations made by the Traffic Commission. The Traffic Commission's minutes are attached hereto as Exhibit B. On the recommendation of the Traffic Commission to establish a handicap parking space in the 10 block of Clarksville Street. A motion was made by Councilman Williams, seconded by Councilman Fisher authorizing the preparation of an Ordinance. The motion carried 7 ayes, 0 nays. On the recommendation of the Traffic Commission to establish a no parking zone on the South side of the 700 Block of West Park Street. A motion was made by Councilman Fisher, seconded by Councilman Wilson approving the recommendation of the Traffic Commission. The motion carried 7 ayes, 0 nays. On the recommendation of the Traffic Commission to establish stop signs on 12th N. E. as well as 10 stop signs on 25th Street N. E. A motion was made by Councilman Fisher, seconded by Councilman Wilson authorizing the preparation of an Ordinance. The motion carried 7 ayes, 0 nays. On the recommendation of the Traffic Commission for right turn lane only on the north bound lane next to east curb of S. Main Street at Clarksville Street, on the South bound lane next west curb of 1st N. W. at Bonham Street, and east bound lane next to south curb of Grand Ave. at ist S. W. A motion was made by Councilman Bell, seconded by Councilman Wilson authorizing the preparation of an Ordinance. The motion carried 7 ayes, 0 nays. Councilman Graham requested the Council's consideration of an Ordinance revising certain provision of the Sewer Use Ordinance No. 2678 ORDINANCE NO. 83 -037 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF PARIS BE AMENDED BY REVISING SECTION CHAPTER 31, SECTION 31 -.1 AND 31 -37 THROUGH SECTION 31 -34 OF SAID CODE; PROVID- ING FOR AN ENVIRONMENTAL SERVICES SUPERVISOR AND REVISING ARTICLE III OF SAID CHAPTER WHICH ESTABLISHES A SEWER SYSTEM AND CONTROLS THE USE OF THE SAME; PROVIDING FOR A PENALTY NOTTO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVID- ING FOR AN EFFECTIVE DATE OF JULY 1, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham called for the receipt of bids for various Insurance Coverage for the fiscal year beginning July 1, 1983. Only one bid was received, that from Mackey & Pierson Insurance Agency. A motion was made by Councilman Fisher, seconded by Councilman Wilson awarding the bid to Mackey & Pierson Insurance Agency. The motion carried 7 ayes, 0 nays. Mayor Graham called for the proposal for auditing service for the fiscal year ending June 30, 1983. Only one proposal was received that being from McClanahan and Holmes. City Manager Doty recommended that McClanahan and Holmes be appointed to perform the audit for the fiscal year ending June 30, 1983 and the three month period ending September 30, 1983 and the Fiscal year ending September 30, 1984. City Manager Doty explained that this was in the best interest of the City to 8."- L; appoint McClanahan and Holmes to perform the audits because of the change in fiscal years from July 1st to October 1st. After discussion, a motion was made by Councilman Bell, seconded by Councilman Wilson approving the recommendation of the City Manager. The motion carried 5 ayes, 2 nays, Councilman Williams, and Council- man Fisher voting nay. Mayor Graham called for the receipt of bids for earth work at the Paris Sanitary Landfill and the following bids were presented: D. L. Lennon, Inc. 1.59 Unit Price ($ /Yd) $106,530.00 Spencer Construction 1.67 $111,890.00 Crookham & Vessels, Inc. 1.70 $113,900.00 Don Griffith Construction Inc. 1.73 $115,910.00 Tri -J Construction Co., Inc. 2.08 $139,360.00 Mayor Graham announced that the awarding of the bid would be deferred until after an executive session. Mayor Graham called for the receipt of bids for a Chlorine Tank Scale and the following bids were presented: Newman Engineered Equipment, Inc. $3,468.50 Force Flow Equipment $3,568.00 C. J. Wolfer Co. $3,597.00 A motion was made by Councilman Wilson, seconded by Councilman Bell to award to the low bidder, the Newman Engineered Equipment Inc. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. Mayor Graham called for the tabulation of bids for 130,000 gallons of Asphalt Emulsion, and the following bids were presented. Riffe Petroleum Company Texas Emulsions, Inc. A motion was made by Co awarding the bid to the per gallon. The motion nay. .515¢ per Gallon .54631 per Gallon uncilman Fisher, seconded by Councilman Williams Riffe Petroleum Company in the amount of .515 carried 6 ayes, 1 nay, Councilman Wilson voting City Manager Doty presented a request for water service in the gray area for Jesse R. Cockran off Highway 1497. A motion was made by Councilman Wilson, seconded by Councilman McWaters approving the request. The motion carried 7 ayes, 0 nays. On the request of Lamar County Water Supply District for connection on the north side of U. S. Highway 82 just east of 42nd N. E. inside the City limits, a motion was made by Councilman Wilson, seconded by Councilman McWaters to deny the request. The motion carried 7 ayes, 0 nays. City Manager Doty presented a request from the Lamar County Water Supply District for a proposed contract modification. Mayor Graham appointed a committee composed of Councilman Wilson, Councilman Bell, and Councilman Hoog to study the request and make a recommendation. to the City Council. City Manager Doty requested directions on authorizing installation of outdoor lights at Johnson Park. After disuussion, a motion was made by Councilman Wilson, seconded by Councilman Fisher authorizing the construction of outdoor lights at Johnson Park. The motion carried 7 ayes, 0 nays. Resolution No 83 -028 authorizing the application to the State of Texas for the 1984 Main Street Program was presented. A motion was made by Councilman Bell, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 4 ayes, 3 nays Councilman McWaters, Councilman Williams, and Councilman Fisher voting nay. 0_1 !,ESOLU'TION NO. 83 -028 G,HEREAS , the Texas Main Street Center of the Texas }istorical Commission has been created to assist small cities to develop a public- private effort to revitalize their "Main Street" areas, and five Texas cities will be selected to participate in the project in 1984; WHEREAS, it is deeil,cd to be in the best interest to the citizens of Paris that the City of Paris, make application for and participate in the Main Street Program at a total project cost of- $28,000.00. $14,000.00 to be provided by thc� Downtown Dovelopmeiit_ \ssociat:ion and $14,000.00 to be provided by the City o} P,tris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAR1S, 1. That an application be inade for selection to participate in the 1984 Main Street Program with the specific goal of revitalizing the central business district within the context of the preservation and rehabilitation of its historic buildings at a total project cost of $28,000.00. 2. That David lI. Doty, City Manager of the City of Paris, Paris, Texas, be, and is hereby designated certifying iepres- entative and he is hereby authorized and directed, on bi half oI the City of Pari:> to cxecutc and file all applica- tions, assurances and contracts necessary to make the City Of Paris eligible to participate in said project; That Joe McCollum, Director of Community Develop- t, be, and he is hereby designated Project Director and Contact Person to execute and deliver all other communica.- Lions, instruments, assurances anu documents necessary for the completion of sai_a project. That David fl. Doty, City Manager of the City of Parisi Paris, Texas, be, and he is hereby authorized and dir =acted in the event the City of Paris is selected to participate in the Main Street Project to select an employee acsignated as Main Street Project Manager, to operate within :'.:e funding provided in Lhe budget for the year beginning C.-ctcber 1, 1983. 5. That. the City btanaaer be designated to coordinate the program activities. Passed and adopted this 13th day of June, 1983. 4"'i', . Graham, mayor 1. Ze } C: Gr enc, City C'lurk- f. = <C I D AS TO FORM: Y. I}ayne� , city At'_ -c, - -; ` - Resolution No. 83 -029 disolving the Parks and Recreation Board was Presented. A motion was made by Councilman Hoo _ man Bell for adoption of the Resolution. The motionCcarrriiedy7Cayes,l 0 nays. 1�FSO1,uT1o1j rjo. 83 -029 WHEREAS, the City Council of the City of Paris, Paris, Texas, did in Resolution No. 1876, passed on the 10th day of July, 1978 establish the Darks and Recreation Board; and, WHEREAS, it is deemed that the need for such Board has 1, ,)eer satisfied; NOW, `.CHERLFORE, BE IT RESOLVED BY T11E CITY COUNCIL OF THE CITY OF' PARIS, that the Parks and Recreation Board is hereby dis- solved. Passed and adopted this 13th day of June, 1983. c�c� Gr�iham, M<tyur "'T1'ES1'. 1? . C.- Gre .ne , City Clcrk T. P. Haynes, City Attorney Resolution No. 83 -030 authorizing and directing H. C. Greene, Director of Finance to enter into water service contracts to deliver water out- side the City limits of the City of Paris in accordance with policy established by the City Council was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 7 ayes, 0 nays. I:l :,1 C01,1_i7'1ON NU. 83 -0'30 WHEREAS, the Citv Council of the City of Paris, Paris, Texas, will from timic! to time authorize water service to citizens of Lamar County to be deiivered outside the city limits of the City of Paris; WHEREAS, the City Council shall froiu time to time fix the rate at which such water customers shall be served; and, WHEREAS, the desire tc serve such customers as soon as possible make it apprcpriate that the City Council authorize the Director of Finance, H. C. Greene, to enter into con- tracts with such customers in accordance with the currently established City policy without fur.-ther direction or authority; NOW, THEREFORE, BF IT RESOLVED by THE CITY COLINCTIL OF `i'HI, CITY OF PARIS, that, H. C. Greene, Director of Finance of the City of Paris be, and he is hereby authorized and directed to ntei into water service contracts to deliver water outside the city limits of the City of Paris in accordance with policy established by the City Council of the City of Paris. Passed and adopted this 13th day of June, 1983. 7e— Graham, Mayor =ATTEST : City Clerk :'d'1'1-,0VI?1) AS 'VO FORN': T. K. Haynes, City Attorno\, It RESOLUTION NO. 83 -032 V,'HEREAS, the City of I'al:is, Paris, 7'eYas is a successful applicant for Communics- Development Mock Grant funds which include a portion tc, be used for huLts:ing rehabilitation; a r.ci, MIEVLA"�, Llic C L CUUnc2il i_s du_�I 10 Us o} cull tracting for the administration of the housinq rehabilitation acti_v- i_ti.es with 12-1m Lnterul'_L:.cls, Inc. upon the terms and conditions contained in Exhibit "A" attached hereto; NOW, THEREFORE, ICE IT RESULVED I3Y THE CITY COUNCIL, OF `1'HE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be �;.nd he is hereby authorised and directed to execute on behalf of the City of Paris the Professional Services Contract with RIIl Enterprises, Inc. to administer the housing ichabilit.ation activities for Community Development. Block Grant B- 82 -DH -48 -0036 for the City of Paris upon the terms and conditions and in the form of Exhibit A attached I10rcto. Passed and adopted this 13 day of June, 1983, ATTEST: eene , City Clerk APPROVED A:; '_i'0 FORM: T. . Haynes, City Attorney i oe Graham, Mayor STATE OF TEXAS COUNTY OF LAMAR EXHIBIT A �:,�[, ► , ��r PROFESSIONAL SERVICE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That the City of Paris, Paris, Texas, a municipal corporation acting by and through its Mayor, Joe Graham, hereinafter referred to as City and RIM Enterprises, Inc. represented by Charles F. Lucas and Robert L. Ones, Jr., P.O. Box 881, Pittsburg, Texas 75686, hereinafter referred tc as Consultant do contract and agree as follows: I. The City wishes to procure and the Consultant desires to provide ;professional services for the purpose of administering the Housing 4035ilitation Activities. for Community Development Block Grant B- 82 -DH- -0036, hereinafter referred to as Project, in compliance with the U.S. Yn artment of Housing and Urban Development regulations for which the City za rees to pay as hereinafter stated. The professional services to be provided by the Consultant are as ��G•ts A. Housing Rehabilitation Administration - The Consultant will provide services necessary for the proper administration of all aspects of the housing rehabilitation components of the Community Development Block Grant Program. These services will include but are not necessarily limited to the following: I. Housing Rehabilitation (Grants) - As defined in the Community Development Block Grant Application, a minimum of 46 (forty -six.) owner - occupied housing units shall be rehabilitated to Department of Housing and Urban Development (HUD) minimum housing quality standards. This activity shall be arranged and coordinated by the Consultant regarding solicitation and qualification of applicants, assessment of work required to bring each unit to minimum standards, and acquisition of qualified Contractor(s) for the accomplishment of the work. Attachment A provides a detailed scope of required services. Rental Rehabilitation Loan Leveraging - The Consultant shall undertake all administrative functions to successfully implement the Lean Leveraging Program as specified in Attachment A. >. Emergency Repair Program -- The Consultant shall undertake all administration and rehabilitation functions to successfully implement the Emergency Repair Program as specified in Attachment A. r-~ 4. Be available to the City as needed depending on the work load, provide on -site monitoring of program to insure proper exe- cution, and shall he required to attend all necessary meetings, hearing, and forum pertaining to appropriate program involvement. 5. Keep the City advised of pertinent regulations and program guide- lines which govern program administration. 6. Other related functions as may be required to fulfill the obligations of the CDQG program. 3. Compensation A. The City shall pay, and the Consultant agrees to accept as full compensation for services to.be performed under this contract, fees as outlined below. Owner - occupied Housing Rehabilitation:----- - - - - -- $ 34,500 (46 units at $750 per unit) Renter- occupied Housing Rehabilitation----- - - - - -- 8,500 (20 units at $425 per unit) Emergency Repairs :------------------------- - - - - -- 3,000 (30 units at $100 per unit) Total---------------------------------------- - - - - -- 46,000 B. The maximum amount payable to t'rre Consultant under this contract, without modification shall be a suns not to exceed $46,000 (Forty - six Thousand Dollars), subject to the requirements stated herein. C. Units in excess of the City's goal for housing rehabilitation, as specified in the City's CDGG application, shall be compensated at the rato as specified above. 4. Method of Payment The Consultant shall submit monthly statements for Services rendered. The statements will be based upon the Consultant's actual record of labor, travel, and miscellaneous expenses which shall be documented and attached to the statement. Statements shall be submitted by the NO of the month following services rendered. City will pay statements within 10 days. .. Termination of Contract A. The contract may be terminated by any of the following conditions: 1. Mutual agreement and consent of both parties thereto. 2. Written notice by the City to Ge Consultant as a consequence of failure by the Consultant to perform the services herein set forth in a satisFactory manner and within the limits provided, proper allowances being made for circumstances beyond the control of the Consultant. 13 � U J 3. By either party, upon the failure of the other party to fulfill it's obligations as set forth herein. 4. By satisfactory completion of all services and obligations described herein. B. Should the City terminate this contract as herein provided, no fees other than fee, due and payable at the time of termination, shall thereafter be paid to the Consultant. Payment for work at term- ination will be based upon work completed at that time. 6. Ownership of Documents Upon completion or termination of this contract, all documents prepared by the Consultant or furnished to the Consultant by the City shall be delivered to and become the permanent property of the City. %. Personnel, Equipment and Material A. The City shall furnish to the Consultant certain items and services to aid in the performance of administrative services for the Project. More specifically, these are as follows: I. Off icv � IhI( v romliI&P with 1 iI cabi"PL whlwv [ho Con'.uILdnI, ,,hall kr,rlp a dull it &P I i 1p of all writtpn work pvriorm,d ors the Project. 2. Clerical assistance for the Project if time and circumstance prohibits performance at Consultants Office. 3. The use of office copy machines as needed for the Project. B. All employees of the Consultant shall have such knowledge and experience as will enable their to perform, the duties assigned them. S. Conference At the request of the City of Consultant, conferences shall be provided at the City's office. ". Compliances with Law The Consultant shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, awrimpn'q compen`ation laW, minimum and maximum `dlary and wdye Statute`, and regulations, and licensing laws and regulations. When required, the Consultant shall furnish the City with satisfactory proof of his comp- liance therewith. k Y 10. Compliance The Consultant shall comply with the regulations of the Departi. � Housing and Urban Development as they relate to non- discrimina' ;� other requirements. 11. Successors and Assigns 1110 Ci t:y and the Consultant each ponds himself, his successors, ex- SUUIe', Or trans"er (liS Interest 1n trj1S agreemr -rlt withoU'_ ` .::,i tten consent of the other. CITY and CONSULTANT hereby aree to the full ;,erformancF_ of the convenants contained herein. ENTERED INTO THIS T1--ST: 1.(. ureene, City Clerk AI''ROVED AS TO FORM: i . K. Haynes , City Attorney _ day of June, 19£33. CITY OF PARIS Joe (,rnham, M(lyor CONSULTANT Ch'Irl ., f -. Liac:,c - - - -- -- - - -- t� tj4 ATTACHMFNT A C. D. h. G. SCOPE OF SLI�vICEs .A. Housing Rehabilitation: Grants 1. Aid City in selecting and seating Housing Review Board 2. Draft Program Design w /input from City 3. Contractor Outreach - Contractor Eligibility 4. Applicant Outreach Establish Escrow account ��. (Establish interest bearing account - during construction) a. Negotiate w /lender for best return b. City passes resolution to place escrow funds in account 7. Solicit Applications - scheduled office at local services agency Process Applications to determine eligibility: Ownership, Taxes, Income. a Rank Applicants (according to Program design) 10. Rough work write -up /cost estimate - City list,, code violations. 11. Prograirr work specs. for eligible projects. 121. Bid projects. 13. Determine Apparent Contractor 14. Call Housing Board for review and approval. 15. Process settlements. Conference w /owner, contractor and City representative to sign Rehabilitation contract, notice to proceed - award contract lr . Draw down HUD Funds to City account. 17. Transfer funds to escrow account. 1S. Transfer escrow funds to interest bearing account. '�. Perform interim inspection. 'J. Perform final inspection with owner, contractor, City Building Inspector. Prepare punch list if necessary. 22. Perform close -out: aid owner in awarding contractor payment after warrantys, releases and certification have been obtained. 23. Perform Post Construction inspection 24. Continue to process projects #7 - #23 2 ',fork with HUD monitor team during program. Repair Program 1. Prepare Program Design Contractor Outreach Owner Outreach Solicit & Process Proposals Perform pre- inspection 6. inspect with City Personel for Hazardous condition 7. Develop specification cost estimates o. Call Housing Board for Approval 9. Let Bids 10. Perform settlements 11. Perform interim inspections 12. Perform final inspections with City Building Inspector 13. Prepares punch list of applicable 14. Close -out 15. Perform post inspection I ist HUD in comp] ianc(' monItoriny :enter Rehabilitation: Levet-ac�ing Procfr:rnl 1. Prepare leveraging design with City input. '. ;,egotiate package with lenders Draft Public /Private Contract a. Submit for HUD Approval h. Obtair) lender /City approval I of t "0(,ues t for 1 ulnp- ;uni dr ,rw d(1kgn 1 cveratl i n) 1 undti we dt`po" I t ((1 w ! ! h 1 (`id(.t t 1 PHA to prore�,, �!(rcess feasible projects tip clo,ina i St HUD moni tot- team w '1 1'('I! i �S i r`.'h�ll? i I fi,1 t. I on proyr'lm �'; ,1_:t tv in design i`1 .r,,it` O Resolution No. 83 -033 transferring amounts from the contingent appropriation account to budget accounts was presented. A motion was made by Councilman Wilson, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays, Council- man Fisher not voting. RESOLUTIGN NO. 83 -033 WHEREAS, certa i ,i experj,,•c �>>c; capi tcl 1 outlay accounts have experienced ununpocted expcnuitures in excess of budget appropriations in the 198: -83 fiscal year as follows: GENERAL FUND GENERAL GOVERNMENT Administrative FINANCE Accounting & Auditing PUBLIC SAFETY Fire PUBLIC WORKS Garage EMERGENCY MEDICAL SERVICI, Fmergency Medical, Service MISCELLANEOUS Paris Fund Fund Total $ 6,000.00 $ 4,000.00 $ 9,000.00 $ 2,000.00 $ 15,000.00 $ 600.00 $ 36,600.00 AND, WHEREAS, the fc1l owing account in the amount shown therein as follows: GL:NLRAL FUND CONTINGENT APPROPRIATION $ 36,600.00 is unincumbered; NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF T'ARIS, that to the extent of the above stated Contingent Appropriation Funds, being in the amount of $36,600.00, an emergency is hereby found to exist and declared; and, BE IT FURTHER RESOLVED, that The Director of Finance, H. C. Greene, be, and he is hereby authorized and directed to t "ansf er frOlw Lh(' i of lowing account the amount shown therein: GENERAL FUND CONTINGENT APPROPRIATION $ 36,600.00 being the tot,-, l .jh, hoo, oil, Lo k7 crf'c:iLud tcl the following accounts: GENERAL GCA'ERNMENT Administrative $ 6,000.00 FINANCE Accounting & Auditing $ 4,000.00 PUBLIC SAFETY Fire $ 9,000.00 PUBLIC WORKS Garage $ 2,000.00 L,1.IERGENCY MEDICAL SERVICE 1 ' Emergency Medical -- Service $ 15,000.00 MISCELLANEOUS Paris Band Fund $ 600.00 Total $ 36,600.00 Passed and adopted this 13th day of June, 1983. C � J e Graham, Mayor ATTEST: G eene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Resolution No. 83 -034 concurring with the State Library Archives Commission designation of the Nicholson Memorial Library as the Major Resource Center for the Northeast Texas Library System was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Resolution. The motion carried 7 ayes, 0 nays. I,ESOLUTION NO. 83 -034. WHEREAS, the State Library and Archives Commission has voted to accept the program of services submitted Ly Garland, Texas, which included the designation of the Nicholson 'Memorial Library at Garland as the Major Resource Center Library for the Northeast Texas Library System (NETLS) .epl.acing the Dallas Public Library as such Major Resource Center for NETLS; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest to the citizens of Paris and Lamar County that the City Council concur in such. desig- nation; NOW, THEREFORIE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' PARIS, that the City of Paris concurs with the State Library and Archives Commission's designation of the Nicholson Memorial Library at Garland as the Major Resource Center for the Northeast. Texas Library System. Passed ai)d adopted this 13th day of June, 1983. -1 C /be'Graham, Mayor ATTEST: 11.'C._ 'reene, City Clerk AT'P1'OVF,D AS TO rOI:M: T. K. Haynes, City Attorney Mayor Graham announced that the Council would go into executive session to discuss personnel and legal matters with the City Attorney. The regular session was declared closed, and the executive session open. Personnel and legal matters were discussed with the City Attorney. The executive session was declared closed and the regular session open. Mayor Graham advised the Council that the chair would entertain motion awarding a dirt contract for dirt work at the Sanitary Landfill. A motion was made by Councilman Fisher, seconded by Councilman Bell to award the contract to the low bidder D. L. Lennon, Inc. in the amount of $106,530.00. Resolution No. 83 -035, awarding the Sanitary Landfill dirt contract to D. L. Lennon, Inc. was presented. The motion carried 4 ayes, 3 nays, Councilman Wilson, Councilman McWaters, and Councilman Williams voting nay. I,.L:,1uLLT1-0N NO. 83 -035 WHEREAS, the City of Paris, did advertise for bids earthwork at Paris Sanitary Landfill, which bids were received until 10:00 o'clock A.M., Wednesday, June 1, 1983; anc, WHEREAS, the best bid for such earthmoving was made by D. L. Lennon, Inc., P O Drawer 1308, Commerce, Texas 75428, and it should be awarded the bid for such earthmoving; arid, WHEREAS, the award and letting of the bid for such construction is subject to concurrence by the Federal Aviation Administration; and, WHEREAS, the form of contract for such earthmoving project is attached hereto as Exhibit A, and such form should be approved; NO6,d, THEREFORE, BE IT RESOLVED BY LHE CITY COUNCIL OF THE CITY OF PARIS, that the bid of D. L. Lennon, Inc., for earthwork at I'1I "1= Sanitar} Landfill, 'I' the alrount. of $1.06,530.00, is herel)y zccepted and lot, conditioned upon sia i d contractor tho form n c c-tiliy all of t.he- terms and Sp(-cif icat. ions included in the hid d()C -Ume nts; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Joe Graham, be, anti is hereby authorized and directed to execute can behalf of the City of Paris thc contract for earthwork at Paris Sanitary Landfill, upon the terms and conditions and in tho form shown in E -hibit A attached hereto, with D. L. Lennon, Inc. Passed and adopted this 13t.h day of June, 1983. l J e Graham, Mayor ALTEST : Ii. C. Greene, City Clerk PP OVER AS T FORM: T. F. Haync _ City Attorn(.,v EXHIBIT "A" I CONTRACT FON, AT PARIS, LANW`11,1, TATL' OF TEXAS COUNTY OF DVIAR 1111S AGREEMENT, madc, aml entered' into this 13'ch_day of 1j u N E I 19 by and between Lhc, ri't, 0117 Paris, Paris , Texas Col:1,1tv of Lamar and Si"Ite of Tcx;l.;, 'Icting through :ts ."""vol-, Jo(I ("rallaill dll]v author sotodo, P,,irtyn,' the hereinafter J OWNER, and fNIC. 0"v of Coljll[j, of X ,I S Party of wrmccl C, INITNE'SSE-1-11: That for an(i in con�idcl-,,ltiol of tile, pnyments and hereinafter mentioned, J)'11-tv of tile Sc(-()jjCj 1)ZIrt -)N TRAC-1-01)) <i,47l-t2CS Wittl 1),11-1 V Of the First P<l 1-t (OVV' to col-nmence and com - cc,ilstruction of certain improven-j(,lirs do scribed as follows: U1 :I i :,11 all labor, liability' ill!;111 ;mcc , sIlpervis i(JI) 6 perform all : ion involved in Lhe excavating, trims portaiv- and spreading as designated areas, zppro-•:im"Itely (,-"()Or) Cubic Ynld,- of 1-mdfill, ,Jnd in z1(-coj,L-mc(, and contr,,ict ilkwulncntr.. ill colmection lhicl-c-xiikll, undcl- 111(2 tat( In N11, Wog Conditions of the Agrc,eml-,nt md at 1,,iq their) own 1)1-()Pcl- !I"! cxl�011sc to furnish all the 111ZI[ct-I'lls, supp I.-,, suIvrintendence, lah(u-, cind neccssiry to complete the Slid Coll. II-L!, s io I in accorclance with hditions and Prices stated in the lr,.?p s-1 ajt jcq c d hereto, and in Will-, the Notice to Contractors, n1 -1 s Plans I TIJ I, spcci�ll Condition, oticr drawiii��s 111,1 PT-ilik"id or Written expl;inatory —orc()f, and Spccific2tloll", t'.,,,J "'d cild"I C"3JJ }_,. ;iciiard liabh lnteriu? lin(;i.neer r� in entitle:l the LNGINI _`L [R, each of \vhiclh has been identified by the - Lei: and ENGINEER, together with CON TRACTOR'S written -in a the General Conditions of the Agreement hereto attached, vvl;ich are made a part hereof and collectively evidence and consti- ?.., entire contract. <O \TR:1CT01� ierebv ai,re�s to commence work within tell (10) the elate written notice to do so shall have been liven to him, ?l �t,lntially c01111- 1l(Ae tic slnle by Au,,,tisL 22, 19 ,3. suhicct to ? Of tlml' :is aI C hI ovlded I 1 I", t l llw ;11141 1 C \1' \'LlZ a revs to pay tllc CONI-RACTOR in current funds the prices shown ill the proposal, Which foruls a hart of this con- „ch navments to he subject to the General and Special Conditions \YHERIOF, the parties to these presents Have executed in-the veer and dnti, first above written. I , •, ! the I� first 1',l r� ------ - - - - -- -- 1'1 r ty of the S<•cr)nd V'�l rt- - - - - -- ()\V 1_-'I'\) (CO N•1-RAC 10) 1 l) 1;v: : \S -1-0 1 l The following Resolutions were presented concerning the appointments to Boards. Resolution No. 83 -036 re- appointing Barbara Wilson, Bill Lightfoot, and Wynona Harrison as members of the Committee of Architectural Preserva- tion of the Central Business District was presented. RESOLUTION NO. 83 -036 WHEREAS, the terms of office of Barbaro. 6dilson, Bill Lightfoot, and Wynona Harrison as member .,, of the Committee Ci Architectural Preservation of the Central Business District of the City of Perris, will expire on June 30, 1983; and, the o; the City oI Pari.s, Joe Graham, does hereby recommend the re- appointment of Barbara Wilson, a:; a member of the Downtown Developm(�nt Association; Bill h i o h t i coot , a prac,t i c i nq o rc•h i t ec t who i :_, .1 nic�mher of the Al. 1.A. (American Instituto of Architects) ; and Wynona Harrison, as a member with nursery or landscape interest, `or a term of two (2) years, beginning July 1, 1983, and ending June 30, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Barbara Wilson, as a ,ember of the Downtown Development Association; Bill Lightfoot, a practicing architect who is a member of the A.I.A. (American Institute of Architects); and Wynona Earrison, as a member with nursery or landscape interest, to serve as members of the Committee of Architectural PresOrvation of thc Central. Business District of the C-ity for r t-ei -m of two (2) years, hegin ii.ng July 1, .I9813, ,and ending June 30, 1985, be, anct the same are hereby approved and c- on..firn1ed by the City Council of the City of Paris. Passed and adopted this 13th day of June, 1983. The Graham, Mayor ATTEST: ✓�t7� H. C.—KeYne, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attornay Resolution No. 83 -037 appointing Cecil Mackin and Edmond Castleberry as members of the Band Commission was presented. 1;LS0LU'1'1.ON NO. 83 -037 WHEREAS, the terms of office of Cecil (A.C.) Mackin and Edmond Castleberry as members of the Hand Commission of the City of Paris, will expire on June 30, 1983; arid, WHEREAS, the Mayer 01 LhO City of Paris, Joe Graham, toes herehv recommend the re- appointment of Cecil (A.C.) - 1•lackin and Edmond Castlel)crryy for a term of one (1) year, beginning July 1, 1983, and ending June 30, 1984; NOW, THEREFORE, BE IT RESOLVED BY Tflf] CITY COUNCIL OF THE CITY OP PARIS, that the re- a,,poir t_,�ents of Cecil (A.C.) Mackin and Edmond Castleberry to serve as me misers of the Band Commis- sion of the City Paris, for a term of one (1) year, begin - ning July 1, 1983, and ending June 30, 1984, be, and the :-an-;e are hereby approved and confirmed by the Cite Council of the City of Paris. Passed and adopted this 13th day of June, 1983. ATTEST: i H. C." Gr.ene, CityClerk APPROVED AS TO FORM: T. K. Haynes, City IttornTy o Graham, - Mayor - -- �- - Resolution No. 83 -038 re- appointing Dee Cunningham and John Williams, Jr. to the Board of Adjustment was presented. I:ESOLUTJON NO. 83 -038 WHEREAS, the terms of office of Dee Cunningham and John Williams, Jr. as alternate members of the Board of Adjust- ment of the City of Paris, will expire on June 30, 1983; arid, r-- WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of Lee Cunningham ar c John Williams, Jr. foi- a term of two (2) ye irs, begin- ning July 1, 1983, and endinq June 30, 1985; NOW, THEREFORE, BE I`1' RESOLVED BY THE CITY COUNCIL OF' THE CITY OF PARIS, that the re- appointments of Dee Cunningham and John Williams, Jr. to serve as alternate members of the Board of Adjustment of the City Paris, for a term of two (2) years, beginning July 1, 1983, :and ending June 30, 1985, be, and e th same are hereby approved and confirmed by the City Council of the Citv of Paris. Passed and adopted this 13th day of June, 1983. J c Gratlam, Mayor ATTEST: H. C. Gr ene, City Clerk APPROVED AS TO FORM: T. R. Iiaynes, City- Attorney Resolution No. 83 -039 re- appointing Joe Miesch, Cathie Spearman Swaim, A. 44. Clem, IV, Dr. Don Black, F. K. McClanahan, Larry McDowell, and Bill Payne to serve as members of the Historic Landmark Preservation Cmmittee was presented. t.J J RESOLUTION NO. 83 -039 I'd-IEREAS, the terms of office of Jo Miesch, Georgia Eassano, Cathie Spearman Swaim, Lowry Carrington, A. W. Clem, IV, Dr. Don Black, F. K. McClanahan, and Larry McDowell as members o1 the Historic Landmark Preservation. Committee of the City of Paris, will expire on June 30, 1983; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, Ores hereby recommence the re- appointments of Jo Miesch, as a `J member of the board of directors of a local financial institution; Cathie Spearman Swaim, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County; Lowry Carrington, as Realtor; A. W. Clem, iV, as a member of the Lamar County Bar Association; Dr. Don. Black, as a member of the Lamar County Genealogy Society; F. K. McClanahan and Larry McDowell, as members at large; and the appointment of Bill Payne, as a member with nursery and /or landscape interest, for a term of two (2) years, I)C!i I'll ing July 1, 19,133, mind endiny June 3(1, 1985; NOW, THEREFORE, ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP' PARIS, that the re-appointments of Jo Miesch, as a member of t!I(, board of direct or <; (,l a Ioc,I1 I111aIici,il in: - ti.tut ion; Cathie Spearman Swaim, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County; Lowry Carrington, as Realtor; A. W. Clem, IV, as a member of the Lamar County Bar Association; Dr. Don Black, as a member of the Lamar County Genealogy Society; F. K. McClanahan and Larry McDowell, as members at large; and the appointment of Bill Payne, as a member with nursery and /or landscape interest, to serve as members of the Historic Landmark Preservation Committee of the City Paris, for a --J term of two (2) years, beginning July 1, 1983, and ending rune 30, 1985, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. and adopted this 13th day of June, 1983. ATTEST: Gr ,ene , City Clerk APPRGVED AS TO FORD:: 1'. R. Haynes, city Attc ( _.._ (I I/ /J-,� J Graham, Mayor Resolution No 83 -040 re- appointing J. R. Hutchison, Spencer Abbett, Mrs. Opal Nahan, Billy Brown, Ralph Rodgers, Leland B. Smith and Homer Thornton as members of the Board of Directors of the Paris Hospital Authority was presented. RESOLUTION NO. 83 -040 WHEREAS, the terms of office of J. R. Iutchison, Spencer Abbett, Mrs. Opal Nahas, Billy Brown, Ralph Rodgers, Leland B. Smith and Homer Thornton as members of the Board of Directors of the Paris Hospital Authority will expire on June 30, 1983; and, WHEREAS, the mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointments of J. R. ,iutchi son , Spencer Abbett, Mrs. Opja l Naha s , Bi 1_ l y Brown, Ralph Rodgers, Leland li. Smith and Homer Thornt..on for a term of two (2) years, beginning July 1., 19U, and ending June 30, 1 -955; NOW, THEREFORE, BE IT RESCLVED BY THE CITY COUNCIL OF THE CI`T'Y OF PARS, that the re- appoi.ntnents of J. R. Hutch.'-son, Spencer Abbot, Mrs. Opal Nzihas, Billy Brown, Riilph Rodcjers, Leland B. mitl: and Homer_ Thor:ton to serve as members of the Hoard of Directors ol= the I',-Lis Hospital Authority for a term of t� -:o (2) years, beginning July 1, 1983, and ending June 30, 1985, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Massed zu d adopted this 13th day of June, 1983. ,1 J e Graham, Mayor ATTEST: H. Greene, City Clerk TAPPROVl D AS TO FORM: T. K. Haynes, City Atcorncy RESOLUTION NO. 83 -041 WHEREAS, the terms of office of Marilyn Thornburrow, Lois finch, and A. W. Clem, IV, as members of the Library Advisory Board of the City of Paris, will expire on June 30, 1983; anci, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby reconunend the re- appointment of A.W. Clem, IV, and the appointments of Col. Jim Lynch and Elaine Ballard, for a term or three (3) years, boginning July 1, 1983, and ending June 30, 1986; 1;Ow, TIII?}tL'1 OR1;, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of A.W. Clem, IV, and the appointment of Col. jim Lynch and Elaine Ballard, to serve as r.-,elWDers of the Library T,uvisory Board of the Ci-cy Paris, for a term of three (3) years, beginning July 1, 1983, and ending June 30, 1986, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed ,and adoptcd this 13th, Oay of June, 1.983. AL Z jJe G i ATTEST: i_. . Gr ene, City Clerk APPROVED AS TO FORM: T. K. Hay %t_:;, City Attorney Resolution No. 83 -041 re- appointing A. W. Clem, IV, and appointing Col. _r Jim Lynch and Elaine Ballard to serve as members of the Library Advisory Board was presented. Resolution No. 83 -042 re- appointing Freddy Swaim to the Planning and Zoning Commission was presented. RESOLUTION NO. 83 -042 WHEREAS, the term of cf Freddy Swaim as member cf the Planninc; and Zon.iny Ccmrriss-ion_ of the City of Paris, gill expire on June 30, 1983; anal, WHEREAS, the Maio- of the City of Paris, Joe Graham, dces hereby icccmmend the re- appoinlmF�nt of Freddy Swaim for a. term of (3) years, begi.nni.�:y oiiiy 1, 1983, and ending June 3('j 1 °.8 6 ; NOW, THEREFORE, BE' IT F'F'SOLVEI? LY 'iliE CITY COUNCIL OF THE CITY OF' PARIS, that the re- appointment of Freddy Swaim to serve as mer.lbers of the Planning and Zoning Comir;ission of the City Paris, for a term of three (3) years, beginning July 1, 1983, and ending June 30, 1986, be, and the same is hereby ,,pproved and confirmed by the City Council of the City of Paris. Passed and adcpted this 13th day of June, 1983. ,71e Graham, Mayor ATTEST: H.1� . vreene, City Clerk i'%PPi�OVED A • 'PC, FORIi: T. K. Baynes, City P'ttornel- Resolution No. 83043 re- appointing Richard Fuller, Paul J. Wood, Jr. an Frank Sherman to serve as members of the Traffic Commission was presented. 6 RESOLUTION NO, 83 -043 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Richard Fuller, Paul J. C,'uod, Jr. and Frank Sherman to serve as members of the Traffic Commission of the City Paris, for a term,: of three (3) years, beginning July 1, 1983, and ending June 30, 1986, be, and the same are hereby approv(- and confirmed by the City Council of the City of Paris. Passed', ind adopted this 13th day of ,Tune, 1.983. LL S 1 Ill' LT: . H. C. Greene, City Clerk ,PPnOVED AS TO FORM: T. K. Ilaynes, City Attorney t -r )oge--Graham, Mayor Resolution No. 83 -044 appointing Nathan Bell 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 McWaters, seconded by Council - —' man Williams approving the Resolutions. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. WHEREAS, the terms of office of Richard Fuller, Paul J. Wood, Jr. and Frank Sherman as member of the Traffic Commis - sion of the City of Paris, will expire on June 30, 1983; and, i WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby .recommend the re- appointments of _ Richard Fuller, Paul J. Wood, Jr. and Frank Sherman, for a term of three (3) years, beginning July 1, 1983, and ending June 30, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Richard Fuller, Paul J. C,'uod, Jr. and Frank Sherman to serve as members of the Traffic Commission of the City Paris, for a term,: of three (3) years, beginning July 1, 1983, and ending June 30, 1986, be, and the same are hereby approv(- and confirmed by the City Council of the City of Paris. Passed', ind adopted this 13th day of ,Tune, 1.983. LL S 1 Ill' LT: . H. C. Greene, City Clerk ,PPnOVED AS TO FORM: T. K. Ilaynes, City Attorney t -r )oge--Graham, Mayor Resolution No. 83 -044 appointing Nathan Bell 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 McWaters, seconded by Council - —' man Williams approving the Resolutions. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. R0;So1.UT1 ON NO. 83-044 WHEREAS, there, exists a vacancy on the membership of the Visitors and Convention Council of the Chamber of Couunerce of Lamar County due to the resignation of Larry N.cGee, and it is nece:,sary to appoint his successor, arid the 1lliyor of the City of Parr., Joe Graham, having appointed Nathan Bell to serve the unexpired term of Larry McGee, which ends December 31, 1983, and has submitted the name of such person to the City Council of the City of Paris; NOW, TTEi -\l;F'ORE, FEE IT RESOLVED BY THE - CITY COUNCIL, OF THE CITY OF PL..RIS; that the appointment of Nathan Bell, as a member of the Visitors and Convention Council of the Chamber of Commerce o1 Lamar County, Le serve the unexpired term of Larry McGee, which ends hecember 31, 1983, i-s, by the City Cc�uncii of tho City Of Paris hereby lipproved un,d confirmed. Passed and adopted tliis 13th d,,y of Jttr,c 1983. ATTEST: H. C. Gr ene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney There being not further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK EXHIBIT A MINUTES Minutes 6/13/83 REGULAR MEETING PLANNING AND ZONING COMMISSION - MONDAY, JUNE 6, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS The Planning and Zoning Commission met in regular session Monday, June 6, 1983 at 7:00 P.M. with the following members present: 1. Freddie Swaim - Chairman 4. Jacob Hildreth 2. Ozie Battle 5. Bruce McMonigle 3. Bill Davidson 6. Skip Steely Also present was Joe N. McCollum, Director of Community Development. Chairman Swaim called the meeting to order and the minutes of May 2, 1983 were approved as presented. Chairman Swaim declared the public hearing open on the petition of Dorothy Mallison for a change in zoning from a Multi- Family Dwelling District No. 1 (11F -1) to a Commercial District (C) on Lots 15, 23 and 24, City Block 157 located between S. Main Street and 1st S.W., 170 feet south of Long Avenue. Mrs. Mallison told the Commission that part of her property was already _ zoned Commercial and that all the property south of the lots in question were either zoned Commercial or being used for Commercial purposes. She stated the lots were not suitable for apartment use because of existing Heavy Industrial zoning and uses in the immediate area. She went on to say that the entire block should be zoned Commercial and that the kennel she proposed to put there would not be offensive by odor or noise. Frances Ellis, 1003 S. Main spoke in opposition because of odor which she said would come from a kennel operation. She read notes from Mrs. Buck Wright and Mrs. Virginia Flynn, area property owners, voicing their objections to the zoning. Mrs. George Smith, 1023 S. Main, said more Commercial would cause deterioration of the neighborhood. Jim Lynch, 911 S. Main, objected to creeping commercialism which would damage the one remaining route into the City which is still residential in nature. Mr-s. T.G. Richardson, 1103 S. Main, objected to a kennel at this location because dogs barking at night keep them awake. There was no one else to speak on the matter and the public hearing was closed. Mr. Steely voiced his concern that approval would allow expansion of the Commercial zoning north into the residential area. �, Chairman Swaim asked how could the request be denied since it lies between two commercially zoned properties. Following discussion, Mr. Steely made a motion to recommend denial of the change. Mr. Hildreth seconded the motion which carried 4 ayes, 2 nays. Chairman Swaim and Mr. Davidson voted nay. Chairman Swaim declared the public hearing open on the petition of Oak Creek Development for a change in zoning from a General Retail District (GR) and Multi - Family Dwelling District No. 1 (MF -1) to a One Fancily Dwelling District No. 2 (SF -2) on a 36.07 acre tract of land part of Lots 2 and 3, City Block 319 located on the south side of F.Mj. 195 at Spur 139. Eric Clifford spoke for the petition saying that a recently approved pre- liminary plat for the Oak Creek subdivision was designed for single family use and to properly control development, One Family Dwelling District No. 2 zoning was needed. He said the previous owner had contemplated various types of multi- family use for the area and the present zoning could be detrimental to the proposed development. There was no one else present to speak on the matter and the public hearing was closed. Following discussion, Mr. McMonigle made a motion to recommend approval of the petition. Mr. Steely seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of D. Wayne Brown for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 2 (SF -2) and Specific Use Permit - Recreation Facility, Private (12) on Lot 2, Block P. Morningside Estates Part 3, located between Loop 286 S.E. and 38th S.E. north of Morningside Drive. Paul Landers spoke for the petition saying that a Homeowners Association composed of Morningside Estates residents wanted to construct and operate a swimming pool at this location. He said the specific use permit was in order for, the following reasons: 1. Site was originally set aside for this purpose on preliminary and final plats for the area. 2. Based on neighborhood survey, majority of owners in favor of maintaining the property for recreational use. 3. Recreational development would enhance property value. 4. Area would be made attractive with landscaping. Mike Russell, 840 39th S.E. and Clarke Shrauner 3915 Miranda spoke in favor of the petition because it would offer a recreation area for their children within walking distance. Mackey Charles, 855 38th S.E., Edgar Stone, 910 Brandyn Place and Bille Smith, 875 38th S.E., residents whose homes would face the facility voiced their concerns about maintenance, off street parking and security. J Mr. Landers stated there would be hard surfaced off street parking which can _ be controlled after operating hours and the facility would be operated by the Homeowner's Association based on certain rules and regulations. The public hearing was closed and discussion by the Commission centered on the need for a Site Plan for the development. The consensus was that their re- commendation should not be held up due to lack of a site plan but that one should be presented prior to the next City Council meeting. A motion was made by Mr. Steely, seconded by Mrs. Battle to recommend approval subject to a Site Plan being submitted for Council approval showing parking, lighting etc. The motion carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Gary Nash for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a General Retail District (GR) on Lot 3, City Block 205 located on the north- east corner of W. Kaufman Street and 21st S.W. Glen Nash represented the applicant stating their proposal was to develop a small shopping center on this property in conjunction with the property adjacent to the north, facing Bonham, which was already zoned General Retail. He noted the existing retail zoning along Bonham and existing land use uses such as a fire station and senior citizens center in the immediate vicinity as reasons to change from residential to retail. He went on to say that if the Commission could not approve General Retail zoning for the entire tract, he would like to amend the request to change the south 85 feet of the lot to an MF -1 District and the remaining north part of the lot to GR. He said that an apartment building could be put on the south part to buffer the existing houses from the retail use. There were approximately 10 persons in the audience in opposition to the change. Marshall Jordon, 2045 W. Kaufman spoke first saying they had a shopping center within 4 blocks of their homes (Western Oaks), which was a mess and couldn't stay occupied and they didn't need another one across the street from their homes. He stated they were opposed to any zoning other than single family. He presented a petition signed by 10 persons in opposition. Scott Gentry 2035 W. Kaufman, Ross Porter 2112 W. Kaufman and Audry Talley 2113 W. Kaufman also voiced similar objections to the change saying that there is enough noise already from the car wash at 21st and Bonham. The public hearing was closed and the Commission discussed the initial and amended request. A motion was made by Mr. McMonigle to deny the petition. The motion was seconded by Mr. Steely with the vote being 3 ayes and 3 nays. Commissioner Davidson, Hildreth and Swaim voted nay. A motion was then made by Mr. Davidson, seconded by Mr. Hildreth to re- commend approval of the amended request for the south 85 feet of Lot 3, City Block 205 to be zoned MF -1 and the remaining north part to be zoned GR. The motion failed to carry with 3 ayes and 3 nays. Commissioners Battle, McMonigle —' and Steely voted nay. Chairman Swaim stated the petition would be sent to the City Council with no rec imiendation. Chairman Swaim declared the public hearing open on the petition of Gary Nash for a change in zoning from a General Retail District (GR) to a General Retail District (GR) and Specific Use Permit - Auto Laundry (3) on part of Lot 29, City Block 249 located north of Clarksville Street behind the Cinema Theater at 2605 Clarksville Street. Glen Nash told the Commission of their plans to build a car wash similar in construction to the one on 21st S.W. and Bonham Street. He said the access to the property was on a 50 foot easement between Ken's Pizza and the Cinema Theater and that the access was protected through deed restrictions. There was no one else present to speak on the matter and the public hearing was closed. Mr. McCollum advised the Commission that because Mr. Nash was purchasing the property involved, the owner should file a plat showing the division of land and a permanent access to Clarksville Street for the car wash site. Mr. McMonigle made a motion to recommend approval of the specific use permit subject to the filing of a plat showing the lot involved and access to Clarksville Street. Mrs. Battle seconded the motion which carried 6 ayes, 0 nays. The replat of Lots 1, 2 and 3, Block P, P.W. Harrison's 9th Addition was recommended for approval subject to the provisions listed in Interim City Engineer's Memorandum dated May 25, 1983, marked Exhibit A and attached hereto on a motion by Mr. Steely, seconded by Mr. Davidson. The motion carried 6 ayes, 0 nays. The Preliminary Plat of York Addition was presented and recommended for approval subject to the provision of a satisfactory drainage plan. A motion was made by Mr. Steely, seconded by Mrs. Battle for approval with the satisfactory provision for drainage. The motion carried 6 ayes, 0 nays. The Preliminary Plat of The Meadows was presented for approval. Mr. McCollum stated staff recommended approval as presented. A motion was made by Mr. Davidson, seconded by Mr. Hildreth to approve. The motion carried 6 ayes, o nays. With no further business to consider, the meeting was adjourned. �,;�loe N. McCollum `Secretary, exofficio i) 0.4 May 25, 1983 �— MEMORANDUM TO Joe McCollum FROM Richard Babb SUBJECT: Replat of Lots 1, 2 and 3. Block 3 P. W. Harrison's 9th Addition Recommend approval subject to the following: I. Provide water service to all lots. 2. Provide sewer service to all lots. 3. Provide fire protection to cover all lots. 4. Waive curb and nutter due to street condition and drainage. Y VZ Richard Babb P,B: jd EXHIBIT A \l ill utc"s Traffic Conamispion 1 "uc{sday. �u ac 7, 1953 I o'k•lock 1'. M. Council R()oiia - City hall EXHIBIT B Minutes June 13, 1983 vie Traffic Commission met in regi lar session Tuesday, dune 7, 1983 with T -es�nt: 1. Frank Sherman ?. Paul WooJ :'). Iudv Lutz 4. Ronnie Nutt 5. Robert 1'1'hite 0. Billy Joe Burnett !-hc City wns represented by :Assistant Chief of Police fames Barnett. Chairman f=rank Sherman called the meeting to order at 5:20 1'. M. and then turned the gavel over to A ss istn nt 'Ch ief Barnett for the election of a new Chair - fil�lil and Co- Chairman. \\oo,_l nominated judv Lutz for chairman Anil moved that nominations ceafiC. Ruhort White seconded the motion aml Judy Lutz was elected Chairman 6 aves 7lben Robert White nominated Ronnie Nutt Co- chairrilan and moved that the nom - inmOns cease. Paul IWO seconded the mori<,)n and Ronnie Nutt was elected Co- j Cimirman 6 ayes to 0 nays. :assistant Chief Barnett then turned tide gavel to Chairman Lutz and she turned it over to Co- chairman Nutt for the remainder of the meeting. -Pic, Vinutes of the April 5, 1983 meeting were then considered sand after some li�� us��ion Billy Joe Burnett male a motion to Accept the minutes as submirred. P,iul Wood st,conded the motion anal it carried 6 ayes - 0 nays. Requests for traffic control signals at the following locations were considered nox,. I h 286 an.l fine N1ill IyOad. After hearing that the State Department of llighways W Public Wrishormt -ion had sruvlie.i this irate rsection anti recommended and ah- prm'�'J fl,lshing beacons insaml of Slop-:110-go since the ���,trr�tnt.5 were o; 111CI for stop- and -,go signals. Billy Joe Burnett made a motion to recommend the flashing beacons with flashing Yellow facing traffic: on 1,00h 286 and flashing R��d facirn� traffic on fine Nlill Road. Fhe estimated cost of these lights are ;l,l tivil• to be 11141 by the (10, of (' rh-:, i� r,'mk Sberimin seconded tbc 1110tion an,l it carried 6 ayes to 0 navy. I clop 2SO an,l 101h S. M (FNI 137) Robert \\'bite made a rtlotion to deny this req- uc'�t :Ifter some discussion about the traffic in the mv;i. Billy doe Burnett Second- eJ the morion and it carried 6 ayes to 0 nays, l \imilI "" 1 r7l11'� IIIIII1`�s, 11 him. I r; .> liw( tin g, - l',iIgu for ilan,licappc,d 1'Nrkigi in ill., IU i;loot 1>i (" kirksvillc� street was � >llsidc', c.l nc�t. Mrs. Bclh Iron appcar(�d t�� slu °ak in fa��or of the request 11n:l NAM !l,li ilk, parking space ou %, 1' ,bi and of Ila- Smili side Q Chrksvi% Jusignated i()r llandicnppvd ]larking. Billy Joe Burnett made a motion ro recori mend the requested ilandicapped Parking space. Judy i,uti seconded thc motion and it carricd 0 arcs i.l U nays. \ ,- ,rl:, , -t I'm- a No Parking Zone on the sutltll sick ol- the 700 Block of West P ii-k �iIV,'i V.'aS cOnSidc 1_ -_� l next. Auer d1Scustiloll Biliv JO(' Burnett Made (1 motion to the roqucsled No PnrkinL, %onc- Rohcrt White seconded the motion anA it w arried 6 aver to 0 navy _', ,-..t;;OYI for an additional parking space in the 100 Block of lst S. & was con - i_ wmO next. 11his space is just Solltll Of the allev behind (,one Star Gas Corn - i juJl� Lut/ IoaJC a motion to dCnv the reducst. Billy Joe 1 >tlrnett seconded thc motion carried 0 aves to 0 linv ,. Rc'�lucsts frlr Stop Sims at the following locations were then considered: I-Amionr an.] l2th N. I_ (stopping East and West traffic on Belmont at 12th N. 1 . ) Pine Bluff and 25th N. 1 ( stopping Bast and West traffic on ]line Bluff at 25th N. i Q Highland and 25th N. E. (stopping- Eastbound traffic on llighlan;l at 25th N. L. ) !�. W ineview nnj 25rh A E, (stopping Hast zinc] West traffic on Riageview at 25th N. 1:. 1 ;1-inr\vooJ and 25th N. I?. (stopping, Hastbound traffic on B riarwood at 25th N. 1;. ) ! Ballard and 250 N. K I�'ast and West traffic on Ballard at 25th N. E. ) ;_. Ulpress and 25th N. E. (stopping Ensthound traffic oil Cypress at 25th N. H. ) 1' Kessler rind 25th N. Il. (stopping Fasr and West traffic on Kessler nt 25th N. 1?. ) I. l in,] 25th N. I:. (stopping 10sthuund traffic On clj- scent at 25th N. Il. ) R v rk an.l 25th N. I:. (stopping Pasthound traffic on Bevc ldv at 2501 N. F. ) rind 25th N. I -:. \V('stbollnd traffic on I lickory at 25th N. I%. ) A \hil:, nln,L: n motion that each )f rile requested Stop Signs be recommend - �1. B(IFIWIt tll_' Ill')ilon '110 it car- ric'Ll 0 ayes to () nays. I lien 0111v I.zmcl� lli Illc' iolll)wing locations were then c visider- Nl ncm to I;a��i cnrl� �,f Soutll IM liu Stre(>t at ( :l,lrksville Slri�c�t. 4MOMM-1 land WN! to West curl, of Is! N. W. at Bonham Street. - 1 )un.1 land ucxr to South curl) of Gralld ;Avenue a I s S. �V. E male n motion that the roquested Righr Turn Lanes be recommend- eJ. millv" )oe Burnett seconded Mc inmion nnJ rt carried 6 rives to O nays. ,1dimll-neJ :lt 5:3() 1'. 1�1 A 1 tlt 7 a n1CS Ba I - tic! T I ( 1' i .l!-i::.1!l Assistant Chief of Police _ MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL June 27, 1983 The City Council of the City of Paris met in special session, Monday, June 27, 1983 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., George Fisher, Jr., Walter F. Williams, and Jeff Hoog. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the first order of business would be an executive session. The regular session was declared closed and the executive session open. City Attorney Haynes discussed legal matters with the City Council. Mayor Graham declared the executive session closed and the regular session open. City Manager Doty presented personnel policies for consideration and adoption by the City Council. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Fisher to approve and adopt personnel policies as presented. The motion carried 6 ayes, 0 nays. There being no further business the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK C7J�. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 11, 1983 The City Council of the City of Paris met in regular session, Monday, {� July 11, 1983, 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., Nathan J. Bell, and Jeff Hoog. Also present were City Manager,David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Richard Babb. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. City Manager Doty introduced the Council to James A. Hicks, Director of Utilities and Thomas R. Pine, City Engineer both recently appointed. Councilman Williams entered the Council Chamber and assumed his chair at the Council table. Douglas Cargo of Hunter Associates, Inc., appeared before the Council and gave a progress report on the transfer station application. Mr. Bob Jones of RIM Enterprises Inc., appeared before the Council and discussed the Housing Rehabilitation Program of the Community Development Block Grant. Mayor Graham announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mr. Joe McCollum, Director of Community Development appeared before the Council and introduced and reviewed minutes of the Planning and Zoning Commission, and their recommendations. The minutes are attached hereto as Exhibit A. Mayor Graham declared the public hearing open on the petition of Dorothy Mallison for a change in zoning from a Multi - Family Dwelling District No. 1 to a Commercial District on Lots 23, and 24, City Block 157 located on the east side of 1st S. W. approximately 170 feet south of Long Avenue. Mr. Webb Biard, Attorney, appeared before the Council in behalf of the petitioner. Mrs. Dorothy Mallison also appear in behalf of the request. Mayor Graham called for opponents to appear, and Mrs. Printis Ellis and Mrs. T. G. Richardson appeared in opposition to the petition. Mayor Graham declared the public hearing closed and —, VJ- ORDINANCE NO. 83 -038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOTS 23 AND 24, CITY BLOCK 157, ON PROPERTY BELONGING TO DOROTHY MALLISON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULIT- FAMILY DWELLING DISTRICT NO. 1 (MF -1); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED was presented. A motion was made by Councilman Williams, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of John Biard for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit - Auto Laundry on Lots 6, 7, and 8, Block 4, S. J. Wright Addition located on the Southeast corner of 19th S. W. and Bonham Street. Joe McCollum advised the Council of the action by the Planning and Zoning Commission. Mayor Graham called for proponents to appear and Mr. John Biard appeared in his behalf. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - AUTO LAUNDRY (3) ON LOTS 6, 7, AND 8, BLOCK 4 S. J. WRIGHT ADDITION, ON PROPERTY BELONGING TO JOHN BIARD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTIRCT (GR); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - AUTO LAUNDRY (3) SO ESTABLISHED. Was presented. A motion was made by Councilman Hoog, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Willard Dougherty for a change in zoning from a Neighborhood Service District to a General Retail District on Lot 1, City Block 311 located at 3110 Clarksville Street. Joe McCollum, Director of Community Development, advised the Council of recommendations made by the Planning and Zoning Commission. Mayor Graham called for proponents to appear and Mr. Willard Daugherty appeared in his behalf. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. O �J ORDINANCE NO. 83 -040 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON LOT 1, CITY BLOCK 311, ON PROPERTY BELONGING TO WILLARD DAUGHERTY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A NIGHBORHOOD SERVICE DISTRICT (NS); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of John Madewell for Site Plan approval in the Planned Development - Office District on Lot 24 -A, City Block 249 located at 3040 Lamar Ave. Joe McCollum, Director of Community Development, advised the Council of the recommendations made by the Planning and Zoning Commission, that being a six foot solid screening fence on the East and West side of the property and hard surfacing for driveways and parking lots. Mayor Graham called proponents to appear and Mr. John Madewell appeared in his behalf. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO. 80 -041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 83 -033 WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 11, 1983. was presented. A motion was made by Councilman Bell, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of the City for proper zoning on Lot 6, City Block 276, located between Clement Road and Loop 286 N. E., 250 feet west of 17th N. E.. Mr. Joe McCollum, Director of Community Development, appeared before the Council stating the action and recommendation of the Planning and Zoning Commission. Mr. McCollum advised that the property was to be used for a Transfer Station for trash and garbage service. Mayor Graham called for opponents to appear and Mrs. Charles Thompson, and Mr. Hardy Moore appeared in opposition. There being no one else to appear, Mayor Graham declared the public hearing closed. i ,t ORDINANCE NO. 83 -042 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 PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) LIMITED TO USE AS SOLID WASTE TRANSFER STATION ON LOT 6, CITY BLOCK 276, ON PROPERTY BELONGING TO THE CITY OF PARIS, PARIS, TEXAS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A LIGHT INDUSTRIAL (LI); AND DESIGNATING THE BOUNDARIES OF THE PUBLIC LANDS AND INSTITU- TIONS DISTRICT (PLI) LIMITED TO USE AS SOLID WASTE TRANSFER STATION SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open to consider an amendment to Zoning Ordinance No. 1710 of the City of Paris revising Section 9 -102, 9 -201, 9 -301, and 9 -401. Mr. Joe McCollum, Director of Community Development advised the Council of the changes in the recommendation of the Planning and Zoning Commission. Mayor Graham called for opponents to appear and none appeared. Mayor Graham declared the public hearing closed and ORDINANCE NO. 83 -043 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION 9 -102, 9 -201, 9 -301, AND 9 -401 OF SAID ORDINANCE; PROVIDING FOR THE ENLARGING OF MINIMUM LOT AREA, WIDTH, DEPTH AND BUILDING COVERAGE OF SINGLE FAMILY DWELLING DISTRICT NO. ONE, (SF -1); PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1983. was presented. A motion was made by Councilman Williams, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mr. John House appeared before the Council and submitted a site plan for Lot 3, City Block 285, located at 3110 Lamar. The Planning and Zoning Commission recommended approval of the proposed plan subject to the construction of a 6 foot screening fence on the south property line, hard surface paving for driveway and parking area and requirement that outside lights be aimed toward Lamar Ave. Joe McCollum explained the recommendations of the Planning and Zoning Commission. Mr. John House appeared in his behalf requesting approval of the site plan without the fencing. Mayor Graham declared the public hearing closed. �JJ ORDINANCE NO. 83 -044 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 83 -033 WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 11, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for approval of the Ordinance subject to the present shrubbery screening and should the present screening be removed that permanent screening be provided. The motion carried 5 ayes, 1 nay, Councilman Bell voting nay. Final plat of Johnson Woods Park was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams for approval of the plat. The motion carried 6 ayes, 0 nays. The final plat of Morningside Estates Part 12 was presented. After Discussion, a motion was made by Councilman Williams seconded by Councilman McWaters to table the item. The motion carried 6 ayes, 0 nays. City Manager Doty requested confirmation of the appointment of James A. Hicks as Director of Utilities. Resolution No. 83 -045 approving the appointment of James A. Hicks as Director of Utilities was presented. A motion was made by Councilman Bell, seconded by Councilman Hoog for adoption of the Resolution. The motion carried 6 ayes, 0 nays. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 83 -048 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1983. was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 83 -046 requesting the Red River Authority to perform a Reconnaissance Study was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 6 ayes, 0 nays. (J J RESOLUTION NO. 83 -046 I %THEREAS, the City Council of the City of Paris, Paris, Texas, recognizes said City's long range need for Municipal and Industrial potable water supply; and, WHEREAS, the Red River Authority of Texas has a legal, financial, and technical expertise for the development of water supplies and determining the feasibility of developing such supplies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Council of the City of Paris does hereby request the Red River Authority to perform a Recon- naissance Study to determine the feasibility of a water supply project for Paris and Lamar County, Texas; and, BE IT FURTHER RESOLVED that the City Council will support the furtherance of a proposed project, should the study reveal the project economically feasible. Passed and adopted this 11th day of July, 1983. ATTEST: H. Gr ene, City C er APPROVED AS TO FORM: K. aynes, City Attorney J e GraZam, Mayor Resolution No. 83 -047 authorizing the Mayor to enter into a Utility Joint Use Agreement with the State Department of Highways and Public Transportation was presented. A motion was made by Councilman Bell, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. !0= RESOLUTION 1,10. 83 -047 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, that the Utility Joint Use Agreement, State Department of Highways and Public Transportation form no. D- 15 -24A, covering water and sewer mains involved in Loop Highway No. 236 from U.S. Highway 27i North to U.S. Highway 271 Southeast, being project 8001 -1 -22, should be in all things approved; and, WHEREAS, all utility adjustments described in said Utilit, Joint Use Agreement, attached hereto as Exhibit "A" have been heretoore accomplished; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Utility ,;cirt Use AgreenienL, attached hereto as Exhibit "A" is in «11 things approved and the Mayor of the City of Paris, Joe Grahar.�, be and he is hereby auth- orized and directed to execute on behalf of the City of Paris said agreement. P�Issco .end .Ido>1>tcd this l Ith (I.;y of July, 1.983. oe Gra am, ayor ATTEST: re ne, City er APPROVED AS TO ORM: T. K, aynes, ity Attorney Resolution No. 83 -048 accepting the City's designation as an area Library in the Northeast Texas Library System was presented. A motion was made by Councilman Hoog, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. , 0 IS 271 Snkheast of Park `1'.I Lt' , a a L 1114; b v jud ! n r c, the :KILL MpartMeat 01 !KwAyn aq• Vvhlic FrAnsp rinion, pripowns to mnh,_ oertain hi '1'.a iMP:"-rMeWtW , LhIt s -1104 of 0o above indivan"d highway, the CKV -V Part-:, Vro:"AlLur called Go iwmr, f! it i•s and F-WA 1 it 1, to �ny propeNy riqAts i :T,- 'inv, "A, :1'. t %1:1; or acroms and within or ovuz Kn,!i t S 0 1 V hWA V ! I W-V WIL-! VY;qP,hW it ion OwLchcn Imid"K nckw. !I ym7ns'n will Vi(hip a, .. 1 .1 !: il ! i .,i t sk"L"- "" (41;.1 01 "Y:-Islip ol P Lortzment or Fou tit!- Or uLher- 61S Md J Lat 1 J i t _t': p ru Y Pn L ;,r•a above do,., act addi v junAl N0 Ht ion !K, Y_W, 4�;, ret.inuj, "Yov it .X, .'1' f�ckinws ,..rte' cc 5. 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F:"Vicfparion in actual ciLos lij=:.o 4• nhe ou_.v mr any tuture reLOC:Lion or 11 Ylmert of U1 1 fiv fat 10 :nlron bw hi wlv , op -truct loo S" Q in m.cord;!:; '.1 1 1 h !nd Lo L h- wN i vp L p z" s i l ! , 1 : ., , !.W� ' Ge Mato of Texas, KZCQPL ,Two/01T , A" "na NY is Trarspert if Kipp: if W�y 1: o -75 I - 2 OF TRAVTS A �:O. , 0 IS 271 Snkheast of Park `1'.I Lt' , a a L 1114; b v jud ! n r c, the :KILL MpartMeat 01 !KwAyn aq• Vvhlic FrAnsp rinion, pripowns to mnh,_ oertain hi '1'.a iMP:"-rMeWtW , LhIt s -1104 of 0o above indivan"d highway, the CKV -V Part-:, Vro:"AlLur called Go iwmr, f! it i•s and F-WA 1 it 1, to �ny propeNy riqAts i :T,- 'inv, "A, :1'. t %1:1; or acroms and within or ovuz Kn,!i t S 0 1 V hWA V ! I W-V WIL-! VY;qP,hW it ion OwLchcn Imid"K nckw. !I ym7ns'n will Vi(hip a, .. 1 .1 !: il ! i .,i t sk"L"- "" (41;.1 01 "Y:-Islip ol P Lortzment or Fou tit!- Or uLher- 61S Md J Lat 1 J i t _t': p ru Y Pn L ;,r•a above do,., act addi v junAl N0 Ht ion !K, Y_W, 4�;, ret.inuj, "Yov it .X, .'1' f�ckinws ,..rte' cc 5. Jrmr ! -r �.jkjuj or nev '"OPKI q J, within in id or, n thu imn, r iqrwes La notif- pc'wr th -rul", ;0 Qrr,Vp zeo.ssnzy MICh"S Sam. afi0n, Md '1•1 IC Lu ho u. ed IU- protcclion of 'raf!1C, ali :C, 1, "e' "-Lyvnt of !L:'1`: n.. it Public Frannpmra,ion, S"_L 11 ':-( Wa, Wdi icat.ioc, r now immm Liont vil! 'injur'' hi0m; or entinCvr fh, ' ubin "sNa saQ hinhw"y, the Sma jAppitymn, o i 10 Pub ! 11C V VS P . r n" �n7 r 1 nn V . a Vt U1 r of Such 1 Co , .:c r i!,e :,!C , It• z:' at . ,; ):- i 1.k• ,,1-,11 , , ! '1:1 1 1 i ](. : i : IL no L rave pj! t ULin, ;d:J A,Ahway; prn,ided !Aymcr, howavvr, thm r, oni sh 0 1 �x: ol 1 o rt q" r i 01 J ncemnL of int und-d over- u"dorzround o! ;I ;'.1111o,il Ito ::(.I ion 10! PI i-q 01 tLC pub! i :nd d;m. I Q or, .I mqw myl 10sn 0! WVPSEPWUI p.rty N"d 1'sk mak- rt• , Ssary , Y-I �Pnc; ivynirs, not ilyin4 inc other pawv K. — to o: 1. fs aclioo as soon "n is prat tical. F:"Vicfparion in actual ciLos lij=:.o 4• nhe ou_.v mr any tuture reLOC:Lion or 11 Ylmert of U1 1 fiv fat 10 :nlron bw hi wlv , op -truct loo S" Q in m.cord;!:; '.1 1 1 h !nd Lo L h- wN i vp L p z" s i l ! , 1 : ., , !.W� ' Ge Mato of Texas, KZCQPL ,Two/01T , A" S! it p.1 I • 111(1 pill) I : k. P !w;pol"I o'l ot W"Iv !)""i�.Ioll r m 15 - 2 =tA 1w v 8- 7 t1w C"w I I c r t out fit l''' . r 1, r ins I ?J Ov.-T-o c ll.p 'I III '-F•''!-")F, the p,-IT t c v: t. t I n;1 t U Z- C CIF ';i - -------- - - In 4�, 1 lip, t 4 O IS ro On ,��� In 4�, 1 lip, t 4 O IS 4 r• / '� � i ii '� I r� 1 (Ul I s kA I: \cc� CJ� cy-) O \ on T/ --T / 3 ` 0 1_ � � RESOLUTION I1O. 83 -048 WHEREAS, the City Council of the City of Paris is desirous that the Paris Public Library, within its budgeted limits, offer the broadest range of service to the citizens of Paris and Lamar County, Texas; <1r:d , WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that the Paris Public Library be a member of the Northeast Texas Library System as organized with its Major Resource Center Library at Garland, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City of Paris accepts designation of the Paris Public Library as an area Library in the Northeast Texas Library System; and, BE IT FURTHER RESOLVED, that John P. Hastings, Director of Library Services, City of Paris, Paris, Texas, be and he is hereby directed to transmit a copy of this Resolution to the Iortheast Texas Libr�iry System. Passed and adopted this Ilth day of July, 1983. J/ e Gra iara, Mayor ATTEST: H. C. Gr ene, City Cler APPROVED AS T FORM: ay es , ' ity ttor_ney Mayor Graham calle d for tSttionlbuildiong andstherfollowingobidse City Nall - Central Fire a were received: $20,207.95 Weehunt Roofing Company Inc $25,678.00 Quality Roofing Company, A motion was made by Councilman McWaters, seconded by Councilman Bell to award the bid to Weehunt Roofing Company in the amount of $20,209.95. The motion carried 6 ayes, 0 nays. Jl. City Manager Doty presented a request from Kenneth Posey for water service inside the City Limits on Loop 286 near 7th Street S. W. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Williams to table the request. The motion carried 6 ayes, 0 nays. Mayor Graham informed the Council requested a joint meeting of the Council and called for a special in the Lamar County Courthouse. that the Health Department had County Commissioners and the City meeting at 7:00 P.M. June 18th Mayor Graham called for a special meeting September 19, 1983, 7:00 P. M. Council Chambers, to receive testimony concerning the license application of James M. Wrenn, dba Aero Dust and Spray. City Manager Doty presented a request for annexation of approximately 19.607 acres located immediately north of Morningside Estates called "The Meadows ". A motion was made by Councilman Wilson, seconded by Councilman Bell to commence annexation procedures on the requested area. The motion carried 6 ayes, 0 nays. Mayor Graham announced that the Council would go into executive session, and the regular session was declared closed and the executive session open. The Council discussed legal matters with the City Attorney. The executive session was declared closed and the regular session open. City Manager Doty advised the Council of a donation of $500.00 from the Paris Visitors and Convention Council for new lighting in Bywaters Park, and recommended that the amount be resubmitted after September 29th. A motion was made by Councilman Wilson, seconded by Councilman Hoog approving the recommendation of the City Manager. The motion carried 6 ayes, 0 nays. City Manager Doty requested authority from the City Council to purchase approximately 2400 feet of eight inch water line along F.M. 195 from Lamar County Water Supply District. Councilman Bell moved that the Manager be authorized and directed to purchase approximately 2400 feet of Lamar County Water Supply District master line eight along F.M. 195 at a price consistent with the contract by and between the District and the City of Paris dated July 17, 1967. The motion was seconded by Councilman Wilson, and carried 6 ayes, 0 nays. Resolution No. 83 -049 appointing Rogene Patterson as a member of the Library Advisory Board was presented. A motionwas made by Councilman Bell, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 6 ayes, 0 nays. , Mr. Biard presented his plans for a car wash facility at this location and advised the Commission that there were two other car wash operations nearby. He went on to say that it would be operated by Biard Oil Co., be of brick construction and be maintained in good condition. The anticipated widening of 19th Street was mentioned by Mr. McCollum and the need to plan the construction with that in mind. There was no one else present to speak on the matter and the public hearing was closed. Following discussion a motion was made by Mr. Steely, seconded by Mrs. Johnson to recommend approval. The motion carried 8 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Willard Daugherty for a change in zoning from a Neighborhood Service District (NS) to a General Retail District (GR) on Lot 1, City Block 311 located at 3110 Clarksville Street. 11r. Daugherty stated he felt the application spoke for itself because of its location and adjacent land uses. Fie felt it is better suited for general pur- poses and would be compatible with the adjoining store, mobile home park and r!.arket. fhere was no one else present to speak on the matter and the public hearing t ar ' closed. following discussion a motion was made by Mrs. Johnson, seconded by Mr. Davidson to recommend approval. The motion carried 7 ayes, 1 nay with Mr. Steely voting nay. Chairman Swaim declared the public hearing open on the petition of John Madewell for Site Plan approval in a Planned Development Office District on Lot 24 -A, City Block 249 located at 3040 Lamar Avenue. 'r. McCollum reviewed the Site Plan with the Commission stating there was a drainage problem on public right of way which would be taken care of to allow proper drainage from this lot. He stated that the property owners on the east and south sides of the lot had requested a solid screening fence be placed separating their properties from the proposed day care facility. 1r. Madewell, Eddie Johnson and Glen Nash spoke in support of the matter and r -e, i S � d . lollowin(11 discussion relative to fencing and paving, notion to recommend approval of the Site Plan with a fence on the south and east property lines and hard ,rnd parkiny areas. Mr. McMonigle seconded the motion d nays . Mr. Wool'.ton made a 0 foot. high screening ,urfaciny for, the drive, which carried 8 aye-,, "r. McCollum advised the Commission that John House had submitted a Site Plan for approval as part of his tabled request heard in May and could be considered if a motion was made and approved to remove it from the table. A motion was made by Mr. McMonigle, seconded by Mr. Nutt to bring the matter from the table. The motion carried 7 ayes, 1 nay with Mr. Steely voting nay. r� 8T.- 3 Mr. McCollum reviewed the Site Plan for the John House property located at 3110 Lamar Avenue stating that surface drainage was to be carried to Lamar Avenue and that very little change was otherwise proposed and he recommended approval. There was no one else present to speak and the Commission discussed the need to separate the office uses on Lamar from the residences south. Following discussion a motion was made by Mr. Nutt, seconded by Mr. Steely, to recommend approval of the Site Plan with the requirement of a 6 foot high solid screening fence along the south property line, hard surfaced parking area paving and any outdoor lighting to be aimed to the Lamar Avenue side of the property. The motion carried 8 ayes, 0 nays. Chairman Swaim declared the public hearing open on the matter of proper zoning on property belonging to the City of Paris, being Lot 6, City Block 276, located between Clement Road and Loop 286 N.E., 250 feet west of 17th N.E. David Doty, City Manager, spoke on behalf of the City saying that the City Council had decided to seek a permit from the State Health Department for a solid waste transfer station on this site and a public hearing was in order for the proposed use. He reviewed the reasons behind the need for the transfer station saying that the City was under an order to close the present landfill by September 15, 1983 and had contracted with B & B Equipment Co. to receive solid waste at their private land fill. The private landfill will not be open to the general public or the private hauler who is in the trash pickup business, therefore the need exists for a place for them to deposit solid waste. He went on to say that other city owned sites were considered but this was by far the best suited for that purpose. He concluded by re- questing a recommendation for Public Lands and Institutions District (PLI) zoning on the property limited to the operation of a Solid Waste Transfer S,ation designed and operated in accordance with Texas Department of Health regulations. •r. Doty then introduced Douglas Cargo and Gary Taylor from Hunter and 45ociates who are in charge of seeking the necessary permit and designing the facility. They presented a proposed site plan showing the building location, access drives, fencing and screening for the transfer station and explained the operation to the Commission and the audience. Yr. Cargo stated the building would be enclosed and no outside dumping would he permitted. He said daily accumulations of waste would be placed in compactor units and carried to the private landfill site. No waste would rewain at the transfer site for more than 48 hours. Marcus Jordon and Charlie Thompson, property owners on the southside of Clement Road voiced concern about odors and the probability if trash being dumped outside the gates when the station is closed. Mr. Thompson cited similar comFlaints associated with such stations in Garland and Mesquite which he had inquired of . Moore, attornvy for Leon Mons cave a little hack round ahout the area drd requested information about building size and distances from property lines Joe McDonald representing Central Manufacturing Co., an adjacent landowner, ht, 11,1d conuo to Ali' L "onn, yur". t ion'. , hoti 1. (lit, ion (Ind V" - - I'!- I 4 was satisfied with the information submitted. lie said he had no objection to the proposed use. Charlie Thompson said lie could understand the need but was opposed to the location so near his property. No one else desired to speak on the matter and the public hearing was closed. Mr. Nutt asked Mr. Doty if he thought the City could utilize the site for that purpose if the zoning were not changed. Mr. Doty said that he believed the City Council could do so. Following discussion, Mr. Nutt made a motion to recommend Public Lands and Institutions District (PLI) zoning for the lot limited to use as a solid waste transfer station in accordance with State Health Department permit requirements. Mr. Woolston seconded the motion which carried 5 ayes, 3 nays. Conunissioners Hildreth, Johnson and Steely voted nay. Chairman Swaim declared the public hearing open on a proposed amendment to mooning Ordinance No. 1710 of the City of Paris revising Sections 9 -102, 9 -201, 9 -301 and 9 -401 providing for enlargement of minimum lot area, width, depth and building coverage in the One Family Dwelling District No. 1 (SF -1). Mr. ^1cColIum spoke on the matter, stating that a recent subdivision proposed outside the City Limits had brought out the potential need for control of "Estate Size" lot developments. The proposed amendment would establish lot size and coverage requirements for large lot developments. Since there are presently no areas zoned SF -1, it is the logical district to amend for this purpose. He then recommended approval of the change. No one else was in attendance to speak on the matter and the public hearing was closed. Following discussion Mr. Steely made a motion to recommend approval of the proposed amendment. Mr. Woolston seconded the motion which carried 8 ayes, 0 nays. The final plat of Johnson Woods Park Addition was recommended for approval subject to deed restriction relative to drainage easement liability limits of City of Paris on Lot 1, Block A, on a motion by Mr. Nutt, seconded by Mr. Steely. The motion carried 8 ayes, 0 nays. The Final Plat of Morningside Estates, Part 12 was recommended for approval subject to a certificate of completion of improvements from the City Engineer of deposit of Escrow funds quaranteeing completion of improvements, on a notion by Mrs. Johnson, seconded by Mr. Woolston. The motion carried 8 ayes, 0 nays. The Final Plat of Oak Creek No. 1 was recommended for approval subject to a 20 foot right of way dedication along F.M. 195, a certificate of completion of improvements from the City Engineer or deposit of Escrow funds guaranteeing completion of improvements, on a motion by Mr. Nutt, seconded by Mrs. Johnson. The motion carried ° ayes, 0 nays. .dith no further business to consider, the meetinq was adjourned. JOe N. MCCO11u111 Secretary ex officio Minutes Traffic Commission Tuesday,July 5,1983 5:15 O'Clock P.M. Council Room - City Hall Paris,Texas AGENDA ITEM EXHIBIT B i Council Minutes 7/11/83 --' The Traffic Commission met in regular session Tuesday, July 5,1983 with the following members present: 1. Ronnie Nutt 4. Frank Sherman 2. Charles Thompson 5. Richard Fuller 3. Billy Joe Burnett The City staff was not represented at the meeting. Co- chairman Ronnie Nutt called the meetinq to order at 5:2.0 P.M. The .minutes of the June 7 , 1983 meet -ny were thcal Frank Sherman made a motion to accept the minutes as submitted. Billy Joe Burnett seconded the motion and it carried 5 ayes - 0.nays. A request for a traffic signal at Lamar Avenue and 25th N.E. was considered. Mr. Lonnie Kennemer and Mr. Doyle Whitaker were in attendance at the meeting in support of this request. Mr. Kennemer spoke of the need for a traffic signal since the Highway Department has estab- lished a need for one since June of 1976 and that he and Mr. t ^dhitaker plan to build 100 new apartments near this intersection at Lamar Avenue. Mr. Kennemer also stated he had a petition to present to the council signed by 34 residents of the area requesting the signal for thatlocation. After discussion, Charles Thompson made a motion to approve the request and the motion was seconded by Frank Sherman. The motion carried 5 ayes to 0 nays. A request for stop signs on East Cherry at 6th N.E. was then considered. After discussion Mr. Richard fuller made a motion to approve the request. Mr. Charles Thompson seconded the notion and it was approved with 5 ayes - 0 nays. There being no further business, a motion to adjourn was made by Mr. Frank Sherman and seconded by Mr. Richard Fuller and it carried 6 ayes - 0 nays. The meeting was adjourned at 5:30 P.M. Ronnie Nutt Co- Chairman - J /ames Barnett Asst. Chief of Police I:I'SOLUTION NO. 83 -049 WHEREAS, there exists a vacancy on the membership of the Library Advisory Board of the City of Paris due to the inability of Elaine Ballard to serve on the board, and it is necessary to appoint her successor, and the Mayor of the City of Paris, Joe Graham, having appointed Rogene Patterson to serve the unexpired term of Elaine Ballard, which ends June 30, 1986, and has submit t.-cd the nnme of such person to the City Council of t. -11W City of I'ar i s ; NOW, `l'HEkE -FORE, BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF PARIS: That the appointment. of Rogene, Patterson, as a member of the Library Advisory Boated of the City of Paris, to serve the unexpired term of Elaine Ballard, which ends June 30, 1986, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this llth day of July, 1983. .1 A JA'71V qJe 9CG'r aha , Mayor ATTEST: H. C<--Gr-i6ene, City Clerk APPROVED AS TO FORM: 77--K'. aynes, City Attorney There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H, C. GREENE, CITY CLERK v I� MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION TUESDAY, JULY 5, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS AGENDA ITEM EXHIBIT A Council Minutes 7/11/£ The Planning and Zoning Commission met in regular session Tuesday, July 5, 1983 at 7:00 P.M. with the following members present: 1. Freddie Swaim - Chairman 5. Bruce McMonigle 2 . Bill Davidson r. pnnni n Nil ++ 3. Jacob Hildreth 7. Skip Steely ,l. Olivia Johnson 8. Dwight Woolston Staff members present were John Buss, Tom -Pines and Joe McCollum. Chairman Swaim called the meeting to order and the minutes of June 6, 1983 •;ere approved as presented. Chairman Swaim declared the public hearing open on the petition of Dorothy Mallison for a change in zoning from a Multi - Family Dwelling District No. 1 to a Commercial District (C) on Lots 23 and 24, City Block 157 located on the east side of 1st S.W. approximately 170 feet south of Long Avenue. Webb Biard, attorney representing Mrs. Mallison, stated that this matter had hoer hefore the Commission several times where all her property was requested to be zoned Commercial. He said that the lot facing Main Street where her home i,� located had been deleted from the request. He restated that the block in uue tion was bordered on three sides by Heavy Industrial zoning and that with the exception of the Mallison horse and a rent house on 1st S.W., all other I-roperties in the block were either zoned or being used Commercially. He ;lent on to tell of her plans to remodel the house fronting on Main Street. V ;-s. Prentis Ellis, 1003 S. Main, expressed her delight that the Mallison 'rome was to be remodeled but still objected to the proposed Kennel use on 1st S.W. saying it would create noise and odor problems. There was no one else present to speak and the public hearing was closed. In discussion, Mr. Steely said there was a need to review the ordinance as it applies to location of kennels. "r. Nutt stated the Mallison's had done nothing but improve the area they are in and he felt they would continue to improve the area. He made a motion to recommend approval of the zoning change. Mr. Woolston seconded the motion which carried 5 ayes, 3 nays. Commissioners Hildreth, Johnson and Steely voted nay.. 'ha irrr.an Jwaim declared the public hearing open on the petition of John Biard for a change in zoning from a General Retail District (GR) to a General Retail District ((!R) and Specific Use Permit - Auto Laundry (3) on Lots 6, 7 and 8, block 4, S.J. Wright Addition located on the southeast corner of 19th and Eoni,,an Street. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL July 18, 1983 The City Council of the City of Paris met in special session, Monday, July 18, 1983, Lamar County Courthouse, 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., Jeff Hoog, and Walter Williams. The special meeting was called at the request of Dr. Joe Hillhouse, Paris Health Department. The Council met in joint session with the Commissioner's Court in the Commissioners court room with the four Commissioners of Lamar County and County Judge Brady Fisher. Dr. Joe Hillhouse presented a 1983 -84 proposed budget for the Health Department to the Commissioners Court and the City Council. Dr. Hillhouse stated that the Health Board had recommended the budget only after a telephone survey. It was the consensus of the two bodies that budget presentation was not official presentation as recommended by the Health Board as required by statute. Mayor Graham advised that the Council would recess and would reconvene at City Hall at 8:30 P.M. At 8:30 P.M. in the Council Room, City Hall, Mayor Graham called the Council to order. Discussion was had on the development of a Paris Health Facility Development Corporation. Mr. Don McLaughlin, Attorney, appeared before the Council in behalf of the area Hospital Facilities and reviewed the purpose of the Corporation. After discussion, Resolution No. 83 -051 creating a "Paris Health Facility Development Corporation" was presented. A motion was made by Councilman Hoog, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 5 ayes, 0 nays. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE HtIZ DAY OF July, 1983, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to wit: Joe Graham, Mayor Gene McWaters, Jr. H. C. Greene, City Clerk George Fisher, Jr. Nathan J. Bell Jeff Hoog Donald G. Wilson Walter F. Williams and all of said persons were present, except the following absentees: Nathan J. Sell and George Fisher, Jr. thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION ON BEHALF OF THE CITY OF PARIS, TEXAS; APPROVING ARTICLES OF INCORPORATION AND BYLAWS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been dulv recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, -lull and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said Citv Council was duly and sufficiently notified "J y a officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Clerk of said City have duly signed said Resolution; and that the Mayor and the City Clerk of said City hereby declare that their signi>>a o? this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 18th day of Jul, , 1583. City Clerk SEAL 4S-1 AL-L� !ayor Section 1. That the City Council of the City of Paris has found and determined, and hereby finds and determines, that it is in the public interest and to the benefit of its residents and the citizens of this County and State that an health facilities development corporation be created to promote and develop new, expanded, or improved health facilities in order to assist the maintenance of the public health and the public welfare, with such health facilities development corporation to be known as the "Paris Health Facilities Development Corporation." Section 2. That the City Council hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the health facilities develop- ment corporation which are attached to this Resolution and made a part hereof for all purposes, and the initial directors named in said Articles of Incorpo- ration shall be deemed to have been appointed, and are hereby appointed, as the initial directors of the Paris Health Facilities Development Corporation. Section 3. That the public purpose of the City of Paris which the health facilities development corpo- ration may further on behalf of said City is the acquiring, constructing, providing, improving, financing, and re- financing of health facilities in order to assist the maintenance of the public health pursuant to the health Facilities Development Act. Passed and adopted this 18th day of July, 1983. 0 Ada,� J e Graham, Mayor ATTEST: {_ ttu-- H. C. reene, City C erk APP VED FORM: T. K. iaynes, City Attorney i_E,SCl.UCli)i; T1G. 83 -051 WEERI?AS , the Citv of Paris is a duly created City and political sub - division of the State of Texas created and established under the constitution and laws of the State of Texas; and, WHEREAS, it is c "ecmed to be in the best interest of the City of Paris that the health facilities availo.ble for citizens of Paris and Lamar County be maintained at a high technological state which entails the purchasing and financing of State of the Art Equipment.; and, 6NZlEkEAS , it would be right and proper for the City of Paris to be the Sponsoring Entity of a health facility development corporation.; and., WHEREAS, it is deemed to be in the best interest of the citizens of Paris that it assist as permitted by law in the facilitating of financing; NOW, THEREFORE, BE IT I<ESOLVED BY TAE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the City Council of the City of Paris has found and determined, and hereby finds and determines, that it is in the public interest and to the benefit of its residents and the citizens of this County and State that an health facilities development corporation be created to promote and develop new, expanded, or improved health facilities in order to assist the maintenance of the public health and the public welfare, with such health facilities development corporation to be known as the "Paris Health Facilities Development Corporation." Section 2. That the City Council hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the health facilities develop- ment corporation which are attached to this Resolution and made a part hereof for all purposes, and the initial directors named in said Articles of Incorpo- ration shall be deemed to have been appointed, and are hereby appointed, as the initial directors of the Paris Health Facilities Development Corporation. Section 3. That the public purpose of the City of Paris which the health facilities development corpo- ration may further on behalf of said City is the acquiring, constructing, providing, improving, financing, and re- financing of health facilities in order to assist the maintenance of the public health pursuant to the health Facilities Development Act. Passed and adopted this 18th day of July, 1983. 0 Ada,� J e Graham, Mayor ATTEST: {_ ttu-- H. C. reene, City C erk APP VED FORM: T. K. iaynes, City Attorney ARTICLES OF INCORPORATION ' 0 F PARIS H TH FACILITIES DEVELOPMENT CORPORATION 1 THE STATE IF TEXAS::' COUNTY OF �AMAR' WE, 'SHE UNDEfiSIGNED natural persons, not 'Less three in humbe�, .each of whom is at least 18 years of than age, and each Of whim Es a resident of Paris, Texas (the "Spon- soring Er ity " -), acting as incorporators of a nonprofit public hoa1th facilities development corporation (the "Corporatrn" ) ` under the "Health Facilities Development Act ", with the' ° aroval of the governing body of the Spon- soring Entity,".— as evidenced by the Resolution attached hereto and mad" ay part hereof for all purposes, do hereby adopt the fa-11- lowing Articles of Incorporation for the Corporati(?n:; ARTICLE ONE The name€ the Corporation is "Paris Health Facilities Development- Cr- ation" . The developm ment Act ARTICLE TWO )n is a nonprofit public health facilities ition under the Health Facilities Develop- PP'r-_ ARTICLE THREE The period of duration of the Corporation is perpetual. MRTICLE FOUR The Corporation is organized exclusively for the pur- poses o£ bt,nefiting and accomplishing public purposes of, and to act on behalf of, the Sponsoring Entity, and the specific purpose for which the Corporation is organized and may issue bonds on behalf of the Sponsoring Entity is to acquire, construct, provide, improve, finance, and refinance health facilities to assist the maintenance of the public health pursuant to the Health Facilities Development Act. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the Sponsoring Entity as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52 of said constitu- tion, and no agreements, bonds, debts or obligations of the Corporation are or shall ever be deemed to be the agree- ments, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing of value, of or by the Sponsoring Entity, or any other political corp_-_ ration, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE The Corporation has no members and is a nonstock corporation. ARTICLE SIX These Articles of Incorporation may at any time and from time to time be amended as provided in the Health its entirety Facilities Development Act if the governing body of the Sponsoring Entity by appropriate resolution finds and i determines that such amendment is advisable an authorizes or directs that such amendment be made. ARTICLE SEVEN The street address of the initial registered office of the Corporation is c/o City of Paris, 135 First Street, S.E., Paris, Texas 75460 and the name of its initial regis- tered agent at such address is David Doty. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety Of persons appointed by the governing body of the Sponsoring Entity. The number of directors constituting the initial board of directors is sever. (7). The names and street addresses of the persons who are to serve as the initial C7v.. -. directors and the dates of expiration of their initial terms as directors, are as follows: NAME Homer L. Thorton Ralp': Rodgers J. R. Hutchison Opal Nahas Leland Smith Billy Brown Spencer Abbott DATE OF ADDRESS EXPIRATION OF TERM August, 1986 August, 1986 August, 1986 August, 1986 August, 1986 August, 1986 August, 1986 i Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of the Sponsoring Entity for cause or at w".1, and must riot, be aPpoi.iited for a term in excess of six years. The directors shall serve as such without compen- sation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors through death, resignation or otherwise shall be filled by appointment by the governing body of the Sponsoring Entity to hold office until the expiration of the term. i-- ART iC�'E NINE h _ name and street address of each incorporator are: NAME ADDRESS David Dote 135 _- 1st S. _E . _ Paris. TX 7460 Yvonne iiurs T.:. Haynes 135_- 1st S. E. Paris, TX 75460 ARTICLE TEN The address of the Sponsoring Entity is City of Paris, 135 First Street, S.E., Paris, Texas. The Sponsoring Entity has by resolution specifically authorized the Corporation to act on ;.ts behalf to further the public purposes set forth in these Articles of Incorporation and has approved these Articles of Incorporation. A copy of said resolution is attached to these Articles of Incorporation and made a part hereof for all purposes. ARTICLE ELEVEN No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corpora- tion or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the Sponsoring Entity. No part of tht� Corporation's activities CSC... shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in, (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE TWELVE If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or proper- ty of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the Sponsoring Entity after satisfaction or provision for satisfaction of debts and claims. THIE STATE OF TEXAS COUNTY OF LAMAR I, the undersi.<�ned, a notary PuL)lic an �lnd for the aLovk2 co I In ty, do 1"" 1"-, 1) y coy ti f y thd L on t 11 i:; 19 Lhd a y of Ju.ly , 1983, personally aj)j)ejr(,,,j -0-avid -Doty Yvonne Burks and T. K. Haynes who, each being by me, first duly severally declared that they are the persons who signed t1he foregoing documents as incorporators, and that the statements therein contained are true. TM WITNI�SS WHEREOF, 1 1--ave hereunto .3et my J-lanci and Seal (;f O t1GC thC d,IY -111�i Writt_1211. NOTARY PUBLIC, in and for Lamar County, Texas My commission expires: SEAL I ..J Mayor Graham announced that the Council would go into executive session, and the regular session was declared closed, and the executive session open. City Attorney Haynes discussed legal matters with the Council. The executive session was declared closed, and the regular session open. Resolution No. 83 -050 appointing members to the Housing Rehabilitation Review Board was presented. A motion was made by Councilman Williams seconded by Councilman McWaters for adoption of the Resolution. The motion carried 5 ayes, 0 nays. i I RESOLPTION NG. 83 -050 WHEREAS, the City Council of the City of Paris did in Resolution No. 2210 authorize the application for Community Development Block Grant Funds and rhereafter under the authority granted in said Resolution the Mayor of the City 01 P,iris did ,iccept itmdint� tinder Connnuni ty Developi'lent Block Grant Project No. B- 82 -DH -48 -0036; anal, WHEREAS, in order to comply with the rules and regu- lations and Act governing Block Grants, it is necessary the the City of Paris establish a Housing Rehabilitation Review Board, which Board shall be composed of five (5) members, all of whom are citizens of Paris and who shall be appointed for two year terms, and the five (5) members shall include one citizen from each target area as designated in the grant being administered; and said Board shall be appointed by the Mayor and confirmed by the City Council; and, WHEREAS, the mayor of the City of Paris, Joe Graham, does hereby appoint the following members: Foster Stone Garrett -Grove Target Area as shown on Exhibit A attached hereto Albert Ware Provine West Target Area as shown on Exhibit A attached hereto Thurman Reese Walker Target Area as shown on Exhibit A attached hereto Betty Kildahl Member at Large Rachael Braswell Member at Large for a term of two years, beginning August 1, 1983 and ending July 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That the Housing Rehabilitation Review Board, be, and the same is hereby established, to be composed of five (5) members, all of whom must be citizens of Paris and whose term shall be for two (2) years, and said Board must have included among its membership at least one member from each target area wherein such Board is exercising its authority. 2. That the appointments of Foster Stone, as Garrett -Grove Target Area member; Albert Ware, as Provine West 'Target Area member; Thurman Reece, as Walker Target Area member; Betty Kildahl and Rachael Braswell, as Members at Large, of the housing Rehabilitation Review Board, for a term of two (2) years, beginning August 1, 1983 and ending July 31, 1985, are by the City Council of the City of Paris hereby approved and confirmed. Passed III,,i zid("ptoki i 11 1 grh d..,; cat July, 1-982". ham, N .1 Ura . a y o r ATTEST: eene, City r APPROVED AS Tf) FORM: hayne,:r,'City Attol-rey r- i There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK JOE GRAHAM, MAYOR, CITY OF PARIS u V z� 0 REVENUE SHARING PUBLIC HEARING July 28, 1983 The administrative Staff of the City of Paris held a public hearing Thursday, July 28, 1983, 10:00 A.M. in the Council Room of City Hall to receive comments and request for the use of 1983 Federal Revenue Sharing Funds. Staff members present were David H. Doty, City Manager, and H. C. Greene, Director of Finance and City Clerk., City Manager Doty called the meeting to order and declared the public hearing open and explained to those present the purpose of the hearing was to receive citizens input concerning an estimated $501,500.00 in the fiscal year beginning October 1, 1983. In attendance were Judy Kay Norris, representing the Family Haven, Rev. Bob Hensen, representing the Lamar County Alcohol Center, and Loretta Sperling also representing the Lamar County Alcohol Center. Director of Finance, H. C. Greene, read the March 28, 1983 minutes showing the previous request of the various organizations which was held for the then fiscal year beginning July 1, 1983. It was explained that the same request would be considered for the new fiscal year beginning October 1, 1983. From the minutes read the request were: Paris Lamar Co. Senior Citizens Center $ 3,000.00 Lamar County Alcohol Center $ 5,000.00 Lamar County Human Resources Council $12,000.00 Family Haven $ 5,000.00 Lamar County Early Childhood Development Center $ 3,500.00 City Manager Doty advised that consideration would be give to the request and the proposed budget for the up- coming fiscal year. There being no further business, City Manager Doty declared the public hearing closed and the meeting was adjourned. DAVID H. DOTY, CITY MANAGER ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL July 28, 1983 The City Council of the City of Paris met in special session, Thursday, July 28, 1983, 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, and Jeff Hoog. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes and City Clerk, H. C. Greene. Mayor Graham announced the special meeting was called for the purpose of holding an executive session for discussing legal matters with the City Attorney. The regular session was declared closed and the executive session open. City Attorney Haynes discussed legal matters with the City Council along with Attorneys Don McLaughlin, and Hardy Moore. Councilman Williams entered the council chambers and assumed his seat at the Council table. At about 8:30 P.M. the executive session was declared closed and the regular session open. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 8, 1983 The City Council of the City of Paris met in regular session, Monday, August 8, 1983 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen pre- sent: Donald G. Wilson, Gene McWaters, Jr., Nathan J. Bell, Jeff Hoog, Walter F. Williams. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Tom Moore. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham recognized Mr. Lucius Joe, 1610 17th N. E. who spoke to the Council concerning the location of the proposed Solid Waste Transfer Station. Mr. John Washington also appeared before the Council speakingof the location of the Solid Waste Transfer Station and offering objections which concerns spot zoning, traffic increase, health factors, smell, noise, and decreasing property factor. Mr. Washington suggested alternate sites of the S. W. Loop and the old sewer treatment plant, suggested that the City request one year extension to its permit in order to consider all land in Paris as an alternative. Mayor Graham recognized Mr. Lane Lennon, whose firm is completing a Dirt Moving Project at the City Landfill. Mr. Lennon stated that he could move materials in the Landfill for covering while his machinery was in place. Mayor Graham called for a special meeting at 5:15 P. M., August 12, 1983 to consider Mr. Lennon's suggestion. Mayor Graham announced that the next order of business would be consid- eration of recommendations made by the Planning and Zoning Commission. Director of Community Development, Joe McCollum appeared before the Council and presented minutes of the Planning and Zoning Commissiondated August 1, 1983 to be included as part of the minutes of the Council at this meeting. Mayor Graham declared the public hearing open on the petition of Glenn Smallwood for a change in zoning from a Planned Develop:-.-Mt District - Office to an Office District on Lot 3, City Block 1, Hayes Heights Addition located at 3035 Lamar Avenue. Mayor Graham call for proponents to appear and Mr. J. K. Ashmore, Attorney, appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -049 t.. 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 OFFICE DISTRICT (0) ON LOT 3 CITY BLOCK 1, HAYES HEIGHTS ADDITION, ON PROPERTY BELONGING TO GLENN SMALLWOOD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOP- MENT DISTRICT - OFFICE (PF -f); AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. A motion was made by Councilman Bel_1, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 5 ayes, 1 Nay, Mayor Graham voting nay. Mayor Graham declared the public hearing open on the petition of Glenn Smallwood for a change in zoning from a General Retail District to a Commercial District on the south 250 feet of Lot 8, City Block 315 located on the north side of Lamar Avenue approximately 800 feet east of Loop 286. Mayor Graham called proponents to appear and J. K. Ashmore appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO. 83 -050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON THE SOUTH 250 FEET OF LOT 8, CITY BLOCK 315, ON PROPERTY BELONGING TO GLENN SMALLWOOD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Williams. The motion carried 5 ayes, 1 nay, Councilman Bell voting nay. Mayor Graham declared the public hearing open on the petition of Charles L. Frazier for a change in zoning from a One Family Dwelling District No. 3 to a One Family Dwelling District No. 3 and Specific Use Per- mit- Mobile Home on Lot 5, Block N. East Park Addition located on the east side of 12th N. E. approximately 100 feet south of E. Hickory Street. Mayor Graham called for proponents to appear and Mr. Charles Frazier appeared in his behalf. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -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. 3 AND SPECIFIC USE PERMIT- MOBILE HOME ON LOT 5, BLOCK N, EAST PARK ADDITION, ON PROPERTY BELONGING TO CHARLES L. FRAZIER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3; i AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 3 AND SPECIFIC USE PERMIT- MOBILE HOME SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Bell. The motion carried 6 ayes, 0 nays. Mavor Graham declared the public hearing open on the petition of Monte Moore for a change in zoning from a One Family Dwelling District No. 2 to a Multi- Family Dwelling District No. 1 on Lot 8, City Block 222 -B located on the west side of 27th N. E. between Lamar Avenue E. Price Street. Mayor Graham called for proponents to appear and A. W. Clem , Attorney, appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and Mr. Mike Moore appeared in opposition. Mr. Moore presented a petition of eight persons within the 200 feet of the property in question. Mayor Graham declared the public hearing closed. A motion was made by Councilman Bell, seconded by Councilman Wilson to deny the petition and the change in zoning. The motion carried 4 ayes,2 nays, Councilman McWaters and Councilman Williams voting nay. Mayor Graham declared the public hearing open on the petition of Eric S. Clifford for a change in zoning from a Two Family Dwelling District to a One Family Dwelling District No. 2 on Lot 28, City Block 259 located approximately 400 feet east of 25th N. E. at Kessler Drive. Mayor Graham called for proponents to appear and Mr. Eric Clifford appeared in his behalf. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO. 83 -052 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 ON LOT 28, CITY BLOCK 259, ON PROPERTY BELONGING TO ERIC S. CLIFFORD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT; AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 SO (SF -2) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. - 8"! Mayor Graham declared the public hearing open on the petition of Roy L. Smith for a change in zoning from a One Family Dwelling District No. 2 to a Neighborhood Service District on Lots 11 and 12, Block 8, Westside Addition located on the northwest corner of 19th N. W. and W. Cherry Street. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and Mrs. Norene Melton, and Mrs. Horace Edwards and Bill Battey appeared in opposition to the petition. City Attorney Haynes presented an Ordinance to change the Zoning. A motion was made by Councilman Wilson, seconded by Councilman Hoog to deny the change in zoning, The motion carried 5 ayes, 1 nay, Councilman Williams voting nay. Mayor Graham declared the public hearing open on the petition of Eugene Tharp for a change in zoning from a General Retail District to a Commer- cial District on the south 123 feet of Lot 1, City Block 219 located on the east side of 17th S. E., 150 feet south of Lamar Avenue. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared, and the public hearing was declared closed. Director of Community, Joe McCollum advised the Council that the Plan- ning and Zoning Commission had tabled request. Mayor Graham stated that no action was due from the City Council. Director of Community Development, Joe McCollum, presented replat of part of City Block 249. A motion was made by Councilman McWaters, seconded by Councilman Williams to approve the replat. The motion carried 6 ayes , 0 nays. Director of Community Development, Joe McCollum, presented a replat of Lots 9, 10, 11, and 12, Block 11, Belmont Addition. A motion was made by Councilman Wilson, seconded by Councilman McWaters to approve the replat subject to the requirements of the City Engineer. The motion carried 6 ayes 0 nays. Mr. McCollum presented a replat of Lots 1 and 5, Block 5, Harlan Heights Addition. A motion was made by Councilman Williams, seconded by Councilman McWaters to approve the replat subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mr. McCollum presented final plat of the Oak Creek Subdivision. After discussion, a motion was made by Councilman Williams, seconded by Councilman Hoog to approve the final plat subject to the requirements of the Ctiy Engineer. The motion carried 6 ayes, 0 nays. I City Attorney Haynes presented the following petitions for rezoning: St. Joseph's Hospital, Lot 2A, 3, and 4, City Block 113 -A, and Lot 7 and Part of Lot 8 „ Block 4, Felt, Forts and Varner Addition from a Two Family District to Office District; Edward Joyner, Lot 1, Block 7 Colonial Addition from SF -3 District to SF -3 District & Specific Use Permit - Mobile Home (39); W. C. McKinney, Jr., Lot 1, City Block 309 from SF -2 District to SF -3 - Specific Use - Mobile Home District. Mayor Graham referred the petitions to the Planning and Zoning Commis- sion for their recommendations and call for a public hearing at the next regular Council meeting. Mayor Graham declared the public hearing open for proposals to be included in the City of Paris application to the Texas Department of Community Affairs for participation in the 1983 Texas Community Develop - ent Program. Mrs. Earnestine Rhue and Mrs. Jeane Day appeared before the Council in behalf of the Westside Civic and Social Club requesting funds for a Community Building. Mr. Tod Brown, Ark -Tex Council of Government appeared before the Council and explained features of the program. Mrs. Rhue again appeared before the Council requesting now for the rental of a Community Building and requested $200.00 per month for a total of $600.00 for rents. After discussion, a motion was made by Councilman Williams, seconded by Councilman McWaters to furnish the Westside Civic and Social Club with $200.00 rental now with the $400.00 consider in budget workwhops. The motion carried 6 ayes, 0 nays. Director of Community Development, Joe McCollum appeared before the Council recommended the application for Grant for a Transfer Station with the EDA. Mayor Graham declared the public hearing closed. Resolution No. 83 -052 authorizing the preparation of a Grant Application in the amount of $200,000.00 for the development of a Solid Waste Transfer Station was presented. A motion was made by Councilman Wilson, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. I 1 t 0 �-) RESOLUTION 140. 83-052 WHEREAS, the Texas Department of Community Affairs is admistering to small cities the Community Development Block Grant projects as established by the Housing and Community Development Act of 1974 as amended; and, WHEREAS, the City of Paris desires to submit an application under said program for the development of a Solid Waste Transfer Station in compliance with assurances heretofore made to the 'Texas Departiiont of Health in order to comply with a compliance schedule heretofore _ established by the Department of Health and in satisfaction of complaints made by the Attorney General of the State of Texas against the City of Paris in Cause No. 49477 in the 6th Judicial District Court, Lamar County, Texas; and, WHEREAS, ordinary tax revenues aye not sufficient to do all that is required and requested by the State Deparment of Health; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARTS, AS FOLLOWS: 1. That the Director of Community Development prepare a grant application in the amount of $ 200,000.00, in order to develop a Solid Waste Transfer Station. 2. That, David H. Doty, City Manager, be, and he is hereby authorized and directed to execute and deliver on behalf of the City of Paris the necessary applications, communications, instruments, assurances and documents necessary for the completion of said projects, 3. That, H. C. Greene, Director of Finance, be, and he is hereby appointed Financial Officer to act on behalf of the City of Paris, in the event that one is needed. 4. That Joe N. McCollum, Director of Community Development, be, and he iS hereby appointed Project Director for Community Development Block Grant projects. Passed and adopted this 8th day of August, 1983. oe Graham, Mayor ATTEST: i H. 'C-. Gr ene, City Clerk APPROVED AS T FORM: T. K. 'Haynes, City Attc)r T Mayor Graham announced that the next order of business would be consid- eration of Kenneth Posey for water service inside the city limits to be furnished by the Lamar County Water Supply Corporation. The City Council was advised that City water service was reasonably close and recommended that the request be denied. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Hoog to deny the request. The motion carried 5 ayes, 1 nay, Councilman Williams voting nay. A request by the Paris Gun Club for water service on F. M. 79 east of repressurization station was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell approving the request. The motion carried 6 ayes, 0 nays. Ordinance No. 83 -053 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING THE TRAFFIC- CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham called for the tabulation of bids for a Wheel Load - er-Backhoe and the following bids were presented: LaRue Tractor $25,530.00 Less Trade $6,030.00 Total $19,500.00 Case Power & E. $23,846.00 Less Trade $6,500.00 Total $17,346.00 Councilman McWaters moved that the bids received for a Wheel Loader - Backhoe received at a public bid opening on August 8, 1983 be spread on the record and that inasmuch as Case and Power and Equipment Company have provided the lowest bid and that a contract be awarded the Case Power & Equipment Company to provide such item meeting City's specifications at a price not to exceed $17,347.00. The motion was seconded by Councilman Williams, and the motion carried 6 ayes, 0 nays. Mayor Graham called for the tabulation of bids for one Backhoe Mounted Hydraulic Breaker and the following bids were received: Holman Bennett - Phillips Unit Bid $ 6,163.00 Holman Bennett- Phillips Unit Bid $10,910.00 Councilman Bell moved that the bids received for One Backhoe Mounted Hydraulic Breaker received at a public bid opening August 8, 1983 be spread on the record and that inasmuch as Holman Bennett- Phillips have provided the lowest bid and that a contract be awarded Holman Bennett - Phillips to provide such item meeting City's specifications at a price not to exceed $6,163.00. The motion carried 6 ayes, 0 nays. Mayor Graham called for the tabulations of bids for and Electronic Leak Detector, and the following bids were presented: Barco Unit Bid for $1,074.00 Bowles and Eden Unit Bid for 494.00 Mayor Grahan announced no motion was necessary because the unit bid of $494.00 required no Council action. Mayor Graham called for the tabulations of bids for Uniforms for service employees, and the following bids were presented: National Uniform Service, cost per man per week on hanger $4.85. Industrial Uniform Service $5.0(? per week per 'Imn on hai3ger with plastic wrapper. After discussion, a motion was made by Councilman Williams moved that the bid received for Uniforms received at a public bid opening on August 8, 1983 be spread on the record and that inasmuch as the Aratex Industrial Uniform & Towel Company have provided the best best bid that a contract be awarded Aratex Industrial Uniform & Towel Company to provide such item meeting City's specifications at a price not to exceed $5.00 per week per man on hanger with plastic wrapper. The motion was seconded by Councilman Bell and carried 6 ayes, 0 ayes. Resolution No. 83 -053 authorizing the Mayor. to enter into ;_i contract for the re- roofing of Paris City Hall and Central Fire Station building with the Weehunt Roofing Company in the amounL of $20,207.9> was presented. A motion was made by Councilman McWaters, sccouded by CoUnc.ihiiaii Hoof which carried 5 ayes, 0 nays, Councilman L4ilson abstaining. C, ' !t_y C) I'ESOLk 1 1" ,. 83 -053 VHEREAS, the City of I-aris, did advertise for bids for furnishing labor and materials for the re- roofing of Paris City Hall and Central Fire Station building, which bids were received until 10:00 o'clock A.M., Wednesday, July 6, 1983; � -Ind. WHERE -,AS, the best bid for such construction, was made by �lechunt Roofing Company, 2 Hickory Street, Paris, Texas, end they : ;hOt!ld be llw,-Irded the l)i.d for such construction; and, WHERE`,,S, the fonli of contract for such construction Pro r2ct is attached hereto as Exhibit t1, and such foi-Ei should be approved; NOW, THEREFORE, b 10"SOLVFU FAY THE' CITY COUNCIL OF TFE CITY OF PARIS, that the Bid of Weehunt Roofing Company, for the furnishing of labor and materials for the re- roofin €, of Paris: City Hall and Central Fire Station in the amount of $20,207.95, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and. BE TT FURTHER RESOLVED, that the Mayor of the City of Paris, Joe Graham, be, and is hereby authorized and directed to ey -ecute on behalf of the City of Paris the contract for the re- roofing of Paris City Hall and Central Fire Station, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Vyeehunt Roofing Company. Passed and adopted this 8th day of August, 1983. oe Gra am, Mayor - - -- .'0' PEST . r H. G ePne, City Cler- APPIR'OVED AS 0 FORM: i T. K. Haynes, City Attorney ('C)N -FIZAC I. STATE OF TEXAS COUNTY OF LAr:AR � EXHIBIT "A" THIS AGRE1?iV1ENT, made and entered into this 8th day of August Iy 83, by and between The City of Paris, Paris, Texas of the County of L;lnrar — - - - - -.- - _and Stzlte of 7 Oxas, acting tllrocu;h its Mayor, Joe Graham, thereunto duly authorized so to do, P,rr-ty of the }first Part, hereinafter termed OWNER, and Weehunt Roofing Company of the City of Paris C ol,11l[y of Lamar an;l State of Texas Party of the Seconc} Part, hereinafter termed CONTRACTOR. W11- N1?SSI�-TII: �I-hut for and in ronsiderati���r1 of the payillents anci agreements herei rafter mentionecl, Party of the Second fart (CONTRACT "I -OR) herebv agrees with Party of the first Part (O\VNI?R) to commence and c011-1- plete the construction of certain improvements described �rs follows: furnishing labor- and ruaterials Lo remove old roof and install new built un roof and flashi -no on the City Hall and Central Eire Station bui 1 d i n ;" as pc�r I i c•aI i on:; , and all extra work in connection thCrc�witll, under the terms as stated in the General Conditions of the Agreement and It his (or their) own proper cost and expense to furnish all the materials, supplies, machinerv, ecquip- ment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said coils trrlctiotr, in Accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings 111,1 printed or• written explanatory "latter thereof, and the Specifications "Ind addenda therefor, as prepared I by herein entitled the ENGINI`I;IZ, each o� which h,is hc� i1 idc,ntif ied by the - CONITRACTOR and ENG1NE"FR, together \xith C:ONTRACTOWS written Proposal and the General Conditions of the Agrcement hereto attached, all of which are made a part hereof and collectively evidence and consti- tute the entire contract. - Tile CONTRACTOR herul)v to commence work within ten (m) days after the date written notice to do s0 shall have been given to him, and to substantially complete the saute within 60 calendar working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Spccinl Conditions. Ilie OWNER agrees to p,tv the CONTRACTOR in current funds the price or prices shown in the pronosaj, which forms a part of this con - tract, such payments to be subject to the General and Speci,ll Conditions of the contract. IN %VITNI SS ��'I1L'1ZEOi', the parties to these presents have elec�_1 ?e_1 this Agreement in 1111 veer 011:.1 1 :W first above written. CITY OF PARIS, PARTS, TFIXAS tarty of the 1"it-St Parr -- - (O\VNI?R) 1W Joe Graham I<ZVOZ= - - -- A-1 TI.,]ST: — rl��reene, �it:v �Terk APPROVED AS TO 1`01R I: T. K. Havnes, City Attornev U11 "A" ANT ROOFING , COMPANY i',1 rtv of the Second Part (C a )-1 -RA C'T R ) BV: A T- [,L',S,F: 1. x '• by herein entitled the ENGINI`I;IZ, each o� which h,is hc� i1 idc,ntif ied by the - CONITRACTOR and ENG1NE"FR, together \xith C:ONTRACTOWS written Proposal and the General Conditions of the Agrcement hereto attached, all of which are made a part hereof and collectively evidence and consti- tute the entire contract. - Tile CONTRACTOR herul)v to commence work within ten (m) days after the date written notice to do s0 shall have been given to him, and to substantially complete the saute within 60 calendar working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Spccinl Conditions. Ilie OWNER agrees to p,tv the CONTRACTOR in current funds the price or prices shown in the pronosaj, which forms a part of this con - tract, such payments to be subject to the General and Speci,ll Conditions of the contract. IN %VITNI SS ��'I1L'1ZEOi', the parties to these presents have elec�_1 ?e_1 this Agreement in 1111 veer 011:.1 1 :W first above written. CITY OF PARIS, PARTS, TFIXAS tarty of the 1"it-St Parr -- - (O\VNI?R) 1W Joe Graham I<ZVOZ= - - -- A-1 TI.,]ST: — rl��reene, �it:v �Terk APPROVED AS TO 1`01R I: T. K. Havnes, City Attornev U11 "A" ANT ROOFING , COMPANY i',1 rtv of the Second Part (C a )-1 -RA C'T R ) BV: A T- [,L',S,F: 1. i C tw ID _ `k.'kyYS•Fy 1�_ w - I City Manager Doty requested authorization for the purchase of test equipment for the lndustriaL 1'c, :,tewater Monitoring; 1'rugram. 1n the total amount of approximately X9,400.00. A motion was made by Councilman Wilson, seconded b�• Councilman McW:at(-�rs authorizing the request of the Cit; Manager. The motion carried 6 ayes, 0 nays. Mr. John Buss, Project Manage. of the LnI iJ rrat-ion /Inflow Project of the City of Paris appeared before the Council and gave a current status report of the application for improvements and modifications of the City's Wastewater Treatment Facilities. City Manager Doty requested the Council. to ca11 a public hearing in compliance with States Statute for a tax rate increase. City Manager Doty requested that the public hearing be called for August 29th and that the meeting to set the tax rate at a Spec•i;i1 Counti1 Meeting on September 6th. A motion was made by Councilman Bell, seconded by Councilman McWaters approving the request of the City Manager. The motion carried 6 ayes, 0 nays. Mayor Graham announced that the Council would go into executive session and the regular session was declared closed and the executive session open. The Council discussed legal. and personnel matters . The executive session was declared closed, and the regular sessi.on open. Resolution No. 83 -054 appointing Jackie ALsobrook as lay representative to the Northeast Texas Library System for a term of two years beginning September 1., 1983 was presented. A motion wa-s made by Councilman Williams seconded by Councilman McWaters for adoption of thu Resolution. The motion carried 6 ayes, 0 nays. w RESOLUTION NO. 83 -054 WHEREAS, the City of Paris, acting through its Library, i_s desirous of continuing participation in the Northeast Texas Library System; and, WHEREAS, the Library Advisory Board recommends the appointment of Jackie Alsobrook as lay representative to the Northeast Texas Library System; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF litRIS, that Jackie Alsobrook, be, and she is hereby appointed as lay representative to the Northeast Texas Library System for a term of two (2) years, beginning September 1, 1953, and eliding August 31, 1985. Passed and adopted this 8th day of August, 1983. 4j,vmj oe Gra lam, Mayor ATTEST: -- �z A -tjzCL i H. Ct -re ne, City Clerk APPROVED AS TO FORM: K.- Haynes, City Attorney Resolution No. 83 -055 appointing Thomas R. Pine is City hti gii.ocr was presented. A motion was made by Councilmau Gilson, seconded by I:E:,T'] [" I'I(a„ i`.i� . 3 -0» Vl',EREAS, the of the �22t of Texas mid the Charter of the City of I'aris irip(!se duties upon and provide for the r-- office of City Engineer; and, LJHEREAS, such of.--ice became vacant upon the resignation of Eick Conner arc; has been filled by Interim City Engineer, Richard Rabb; and 17EIL:REAS, the City Manager of the City of. Paris, David h. Doty, has appointed Thomas R. Pine as City Engineer and such appointment is before the City Counci_1 of the City of Paris for approval; NOW, THEREFORE, BE IT RESOLVED ICY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Thomas R. Pine as City Engineer is approved. Fassed an�i ��dopted this: Rth day of August, 1983. oe Ura ic1ra ayor. E +TTE ST : H. C. Gr ne, City C1er APPROVED AS TO FORM:, T. K. Haynes, City Attorney Councilman Hoog for adoption of the Resolution. The motion carried 6 ayes, 0 nays. Discussion was had on authorizing an appeal from the decision rendered by the United States District Court for the Eastern District of Texas Paris Division in the case style of Otis Hindman V. the City of Paris, Texas, Andrew Smith, and Charles G. Whitley. After discussion, a motion was made by Councilman Bell, seconded by Councilman Hoog authorizing an appeal of the case. The motion carried 4 ayes, 2 nays, Councilman McWaters, and Councilman Williams voting nay. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK 4 AGENDA ITEM MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING MONDAY, AUGUST 1, 1983 7:00 O'CLOCK P.M. CITY HALL - COUNCIL ROOM The Planning and Zoning Commission met in regular session, Monday, August 1, 1983 in the Council Room of City Hall at 7:00 P.M. with the following members present: 1. Ozie Battle 2. Bill Davidson 3. Jacob Hildreth 4. Ronnie Nutt 5. Bruce McMonigle 6. Skip S tt.ely Also present were Joe McCollum, Director of Community Development and Tom Pine, City Engineer. Ronnie Nutt served as Chairman, in the absence of Freddie Swaim, and called the meeting to order. The minutes of July 5, 1983 were approved as presented. Chairman Nutt declared the public hearing open on the petition of Glenn Smallwood for a change in zoning from a Planned Development District - Office (PD -f) to an Office District (0) on Lot 3, Block 1, Hayes Heights Addition located at 3035 Lamar Avenue. Bill Flanary, attorney, represented the petition stating that when the recent hearings were held on this section of' Lamar Avenue, Mr. Smallwood was led to believe his lot would be zoned Office. The City Council, however, chose to place Planned Development zoning on the lot. He went on to -,ay that the Poss Long property immediately west of the lot was zoned Office the same night. He said his client did not feel the extra restrictions of the Planned Development District were fair because they were not hlact,d on tier- lot west of hinr. No one else spoke and Chairman Nutt declared the public hearing closed. Following discussion concerning the Commission's original recommendation on this property, Mr. McMonigle made a motion to recommend approval of the change. Mrs. Battle seconded the motion which carried 5 aye,,, 1 nay. Mr. Steely voted nay. Chairman Nutt declared the public hearing open on the petition of Glenn Smallwood for a change in zoning from a General Retail District (GR) to a Commercial District (C) on the south 250 feet of Lot 8, City Block 315 located on the north side of Lamar Avenue approximately 800 feet east of Loop 286. Bill Flanary, attorney, represented Mr. Smallwood stating that the property in question was across the street from Wintermute Industries and other Convnercial uses on the south side of the highway. He al,o stated that there Was existing Commercial zoning on the north pert cif hi, -; client',, property wid 11djacent properties. In responst, to 0 ,111r.Ji0�rr, Mr'. ( I'rr,,r.,, J.11. d i.hrr� wrr no immediate plans for the property. Speaking in opposition, Mrs. James C. Stuteville, daughter of Mrs. O.H. Grupe property owner west of the Smallwood tract, reminded the Commission that the _ property was zoned General Retail upon annexation in December, 198n to prevent the development of businesses of a Commercial nature with outside storage and display of products such as used car lots. She introduced a letter from Florence Grupe McCormick, opposing the change and stating that Commercial zoning would be detrimental to the Grupe property. No one else was present to speak on the matter and the public hearing was closed. ^1r. McCollum confirmed the statements of Mrs. Stuteville relative to the reason the property was zoned as it is when annexation occured. Following discussion a motion was made by Mr. Steely, seconded by Mr. Hildreth to recommend denial of the petition. The motion carried 6 ayes, 0 nays. Chairman Nutt declared the public hearing open on the petition of Charles L. Frazier for a change in 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, Block N, East Park Addition located on the east side of 12th N.E. approximately 100 feet south of Hickory Street. Mr. Frazier was present and told the Commin0on he wa4 noeking the Specific Use Permit to place a mobile home on this lot for his residence. He said he had talked to all of his neighbors and no one objected to hire doing thin. There was no one else present who wishtd to �ppak. on t.ho matter surd the publ ir. hearing was closed. A motion was made by Mr. Steely, seconded by Mrs. Battle to recommend the petition for approval. The motion carried 6 ayes, 0 nays. Chairman Nutt declared the public hearing open on the petition of Monte Moore for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi- Family Dwelling District No. 1 (MF -1) on Lot 8, City Block 222 -B located on the west side of 27th N.E. between Lamar Avenue and E. Price Street. A.W. Clem, attorney, represented Mr. Moore stating the property was near commercial and retail zoning and that the proposed 8 or less unit apartment development would be compatible with the existing neighhorhood. He stated there was a current trend to apartment development of this size as opposed to larger units because they were more manageable. Mr. Moore advised the Commission that the property was lined on the north and south 004 by 14 pecan trees which would not be disturbed and that it would be sometime in the future before he could afford to boyin (onst.r•uction. There were 8 persons in the audience in opposition to the proposed project. lik Toore_, 2624 E. Price, spoke first saying that most of the residents on 27th were older persons and an apartment house and the additional traffic it produces would be disturbing to them. Billie Norwood, 45 - 27th N.E.; Mrs. M.A. Gage, 125 27th N.E.; Mrs. C. Devlin, 120 27th N.E. and Edna Gardner 135 27th N.E. all spoke in opposition stating the need to leave the neichborhood as it i s . A petition against the change signed by K of Ur, 12 propurty owner , within 200 feet was submitted to the Commie ion. "r. r-- Following discussion, a motion was made by Mr. Steely to recommend denial of the petition. Mr. McMonigle seconded the motion which carried 6 ayes, 0 nays. Chairman Nutt declared the public bearing open on the petition of Eric S. Clifford for a change in zoning from a Two Family Dwelling District (2F) to a One Family Dwelling District No. 2 (SF -2) on I..ot: 28, City Block 259 located approximately 400 feet east of 25th N.E. A Kessler Drive. Mr. Clifford explained that the rrrarket wa'. good now for, ,irrile family lots and he proposed to develop this area as su(:h. He ;aid the prc',ent 2F zoninq permits single family homrrs, but hC Irlt, Sl -1 Zuniuq would givr more protection to potential home owners in the suhdivi,.ion. There was no one else present to speak on the matter and the public hearing was closed. Following discussion, a motion was made by Mr. David-;on, seconded by Mrs. Battle to recommend approval of ttre change. The motion carried 6 ayes, 0 nays. Chairman Nutt declared the public hearing open on the petition of Roy L. Smith for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS) on Lots 11 and 12, Block 8, Westside Addition located on the northwest corner of 19th N.W. and W. Cherry Street. Mr. Smith addressed the Commission saying he was going to construct some homes on the property west of these lots and wanted to reserve the two lots fronting on 19th for business use, perhaps a grocery store. At t.hc, present time there are no plans to use the property. There were several persons in attendance opposing the zoning change including the following: Norene Melton, speaking for her parents, Irr. and Mfrs. Horace Edwards, argued that a business such as a grocery store would create a hazard of children crossing the street from the school yard and she submitted a petition signed by seven area property owners who oppose the change. Other area residents speaking were Bill Baty, (Margaret Siferman, Cecil Crutchfield, Horace Edwards, Rubylea Chambless, Sidney Lenoir and Eldon Sites. They all were opposed to further business use in tht, areC, and felt there were a sufficient number of grocery stores convenient to the area. It was pointed out by some of the Commission that Mr. Smith was making an effort to clean up the mess remaining from the previous owners trucking business and that residents of the area should be pleased with that. The public hearing was closed and following discussion a motion was made by Mr. Steely, seconded by Mr. McMonigle to recommend denial of the petition. The motion carried 6 ayes, 0 nays. Chairman Nutt declared the public hearing open on the petition of Eugene Tharp for a change in zoning from a General Retail Dist.rict. (CR) to a Commercial District (C) on the south 123 feet of Lot 1, City (.lock 219 located on the east side of 17th S.E., 150 feet south of Lamar Avenue. No one else was present to represent the petition nor to oppose it and Chairman Nutt closed the public hearing. Mr. McMan, i gl e node a motion to table the request. Mr. Davidson seconded the motion which carried 6 ayes, 0 nays. The Replat of part of City Block 249 wah unanimously approved on a motion by Mr. Hildreth, seconded by Mr. Steely. The Commission next considered approval of the Preliminary Plat of Suzuki Properties. The plat was discussed with the deveioper4, Brad Shelton and Eric Clifford and Ton? Pine, City Engineer reviewed his memorandum outlining considerations which should be taken. Following discussion Mr. Hildreth made a motion to approve the preliminary plat subject to the considerations listed in City Engineer's memorandum dated July 28, 1983, marked Exhibit A and attached hereto. Mr. Davidson seconded the motion which carried 6 ayes, 0 nays. The Replat of Lots 9, 10, 11 and 12, Block 11, Belmont Addition was unanimously approved on a motion by Mr. Steely, seconded by Mr. Hildreth subject to the considerations listed in City Engineer's Memorandum dated July 28, 1983, marked Exhibit B and attached hereto. The Replat of Lots 1, 3 and part of 5, Block 5, Harlan Heights Addition was unanimously approved on a motion by Mr. McMonigle, seconded by Mr. Hildreth subject to the considerations listed in City Engineer's Memorandum dated July 28, 1983, marked Exhibit C and attached hereto. A Site Plan was presented by Mr. McCollum on Lot 1, City Block 158 -A in which the owner proposes an additional 900 nq. ft. structure as a dwelling unit on the west side of the property. Mr. [McCollum stated the lot was zoned MF-1 and the proposed structure along with the other two exigt.inq structures would conform to the Zoning Ordinance requirements but needed Cornnri n5 i on approval because it would not front on a public street. He stated he found no reason not to approve it. Follo4ing discussion a motion was made by Mr. Hildreth, seconded by •9rs. Battle to approve the site plan. The motion carried 5 ayes, 1 nay with Mr. Steely voting nay. TO Commission next briefly discussed zoning requirements for Mobile Home Parks, Body Shops and Kennels which had been requested by the City Council. Mr.McCollum reviewed existing requirements and stated he had not had the :opportunity to research alternate methods of controllinq these us4 and was not prepared to offer material for discussion at this time. Mr. Steely suggested a committee composed of members of the City Council and Planning and Zoning Commission review this matter together and he made a motion to that effect. Mr. Hildreth seconded the motion which carried 6 ayes, 0 nays. With no further business appearing, the meeting was adjourned. Joffe N. MCC011Um Sy retary ex officio H RESOLUTION NO. 53 -056 WHEREAS, the uity Council of the City of Paris has been requested to provide the emergency ambulance service to that area of Lamar County outside the city limits of the City of Paris, by the Commissioners Court of Lamar County, Texas; �:n(I , WHEREAS, the form of contract to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY lhL CITY CGUNCIL Or' THE CITY OF PARIS, that emergency ambulance service be extended to that area of Lamar County outside the city limits of the City of Paris, upon the terms and conditions stated in the contract attached hereto as Exhibit A, and that the Neyor of the City of Paris, ,toe Graham be, rnd he is hereby authorized and directed to execute on behalf of the City of Paris the ambulance service contract with the Commissioners Court of Lamar County, Texas, in the fora of Exhibit A attached hereto. Passed and adopted this 29th day of August, 198J. ot"V-u Aj4w'�'2 oe Graham, Mayor ATTEST: H. C. Gr ene, City Cierc� -- APPROVED AS TOWORM: City Resolution No. 83 -057 authorizing the Mayor to enter into a contract for furnishing and delivery of uniforms for city employees and servicing the same with Aratex Industrial Uniform and Towel Company was presented. A motion was made by Councilman Bell, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 4 ayes, I nay, Councilman McWaters voting nay. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS RESOLUTION NO. 83 -J57 WHEREAS, the City of Paris, did advertise for bids for the furnishing and delivery of uniforms for appro- imately 90 city employees, which bids were received until 10:00 o'clock A.M., Monday, August 3, 1983; and, WHEREAS, the best bid for such 'furnishing. and delivery of uniforms was made by Aratex Industrial. Uniform and Towel Co. and they should be awarded the bid for such uniforms and service; and, WHEREAS, the torn of contract for such uniforms and 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 Arate,� ] ndusrra.,3 1 Iizli i orm & Tc,we] Co. in the amount shown on Exhibit B ,ittached hcr_eto and incor- porated herein, i_-, hereby ,accepted rind le ; anti, BE 1T FURTHER RESOLVED, that the I,iayor of the City of Paris, Joe Uraham, be, and is hereby authorized and directed to execute, on behalf of the City of Paris, the contract for furnishing ,and delivery of uniforms for city employees and servicing the same, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Aratex industrial Uniform & Towel Co.. Passed and adopted this 29th day of August, 1983. 0 W -A JA"M) J e Graham, Mayor ATTEST: I C. G eene, City er APPROVED AS TO f- YJI: K Ha nes, City Attczney s � F y MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 12, 1983 The City Council of the City of Paris met in special session, Friday, August 12, 1983, 5:15 P.M. Mayor Graham called the meeting to order with the following Councilman present: Nathan Bell, Jeff Hoog, Donald G. Wilson, and Gene McWaters, Jr., Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of considering the suggestion of Mr. Lane Lennon the firm contracted on the dirt moving project at the City Sanitary Landfill. Mr. Lennon offered to move dirt for cover purposes at a fixed price while his equipment was located at the landfill. After discussion, a motion was made by Councilman Wilson seconded by Councilman Hoog to reject the offer made by Mr. Lennon. The motion carried 5 ayes, 0 nays. A request for rezoning on Lots 24 and 24A, Block 249 from a D -F District to Office District by Mr. James Madwell Jr. was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell referred the request to the Planning and Zoning Commission, and called for a public hearing at the next regular Council meeting. The motion carried 5 ayes, 0 nays. Mr. John Buss, Director of Engineering Services appeared before the Council and discussed standard use of installation of P. V. C. sewer pipe. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK JOE GRAHAM, MAYOR, CITY OF PARIS MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 29, 1983 The City Council of the City of Paris met in special session, Monday, August 29, 1983, 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, and Gene McWaters, Jr. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called the the purpose of holding a public hearing on the proposed ad valorem tax increase. Mayor Graham declared the public hearing open on the proposed ad valorem tax increase from 47% to 52% and advised that no action would be taken at this meeting. Mayor Graham called for anyone to appear who desired to address the Council on the proposed tax increase. Mr. Bud Carlock appeared before the Council objecting to the increase in the tax rate. No other persons appeared before the Council, and the public hearing was declared closed. City Manager Doty presented the proposed Budget for the fiscal year October 1, 1983 to September 30, 1984, and requested a public hearing as required by the City Charter. A motion was made by Councilman Wilson, seconded by Councilman Hoog calling for a public Bearing at 5:15 P. M., September 13, 1983 on the proposed budget. The motion carried 5 ayes, 0 nays. City Manager Doty requested the Council's consideration of a contract between the City of Paris and Lamar County for Emergency Ambulance Service outside the city limits of the City of Paris. Resolution No. 83 -056 authorizing the Mayor to execute on behalf of the City of Paris a Ambulance Service Contract with the Commissioners Court of Lamar County was presented. A motion was made by Councilman Wilson, seconded by Councilman Bell for adoption of the Resolution. The motion carried 5 ayes, 0 nays. ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 30, 1983 The City Council of the City of Paris met in special session, Tuesday, August 30, 1983 7:00 P. M. Mayor Graham called the meeting to order with the following Councilman present: Donald G. Wilson, Gene McWaters, Jr., . Hoog and Nathan Bell. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of a workshop on the proposed 1983 -84 Budget and also to hold an executive session on legal and personnel matters. The regular session was declared closed and the executive session open. Discussion was had on legal and personnel matters. The executive session was declared closed and the regular session open. The Council conducted a workshop on the proposed 1983 -84 Budget. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK JOE GRAHAM, MAYOR, CITY OF PARIS MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 6, 1983 The City Council of the City of Paris met in special session, Tuesday, September 6, 1983 5:15 P. M. Mayor Graham called the meeting to order with the following Councilman present: Donald G. Wilson, Gene McWaters, Jr., Jeff Hoog, and Nathan Bell. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk H. C. Greene. Mayor Graham announced that the special session was called for the purpose of setting a tax rate for the 1983 tax year. ORDINANCE NO. 83 -054 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 1983, 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 McWaters, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 5 ayes, 0 nays. Mayor Graham announced that he would like to appoint a committee to work on cable television, and appointed Councilman Hoog, Councilman Bell, and Mayor Graham to serve on that committee. Mayor Graham announced that he would like to appoint a City School Committee to meet in cooperation with the committee appointed by the Paris Ind. School District School Board, and appointed Councilman Wilson, Councilman McWaters, Councilman Hoog. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: G. C. GREENE, CITY CLERK P . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL September 12, 1983 �., The City Council of the City of Paris met in regular session, Monday, September 12, 1983 7:00 P.M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen pre- sent: Donald G. Wilson, Gene McWaters, Jr., Nathan J. Bell, Jeff Hoog, Walter F. Williams, and George Fisher. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Samual Evans. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham announced that the first order of business would be a public hearing concerning the Midwest Video service. Mayor Graham declared the public hearing open. Rev. Glenn Jenson appeared before the Council complaining about the quality of service and content of films shown on HBO. Ms. J. Johnson appeared before the Council representing Midwest Video. Ms. Johnson stated that the quality of service would be improved by January lst, 1984, and that negotiations were being made for the sale and purchase of the Midwest Video Corporation. Mayor Graham declared the public hearing closed. Mayor Graham announced that the next order of buiness would be consid- eration of a personal appearance of Lucious Joe concerning a proposed Transfer Station on Clement Road. John Washington appeared in behalf of Lucious Joe and requested the Council to instruct the staff to investigate alternative sites for the Transfer Station and make the information available to the public. Mr. Michael Ellis also spoke concerning the Transfer Station. Mr. DuBal, Jr. of the Texas Industrial Disposal Corporation appeared before the Council and advised of his Company's service and stated that his Company is now serving the City of Mt. Pleasant with solid waste collections. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Williams to consider alternative locations, or look into private haulers with no Transfer Station involved. The motion carried 5 ayes, 2 nays, Councilman McWaters, and Mayor Graham voting nay. Mayor Graham announced that the next order of business would be consid- eration of recommendations made by the Planning and Zoning Commission, f Mr. Joe McCollum, Director. of Community Development appeared before the Council and presented minutes of the regular meeting of the Planning and Zoning Commission held on September 6, 1983. A motion was made by Councilman Bell, seconded by Councilman Hoog to receive those minutes into the minutes of the City Council and made a part hereof as exhibit A. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Edward Joyner for a change in zoning from a One Family Dwelling District No. 3 to a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home(39). Mayor Graham called for proponents to appear and Mr. Edward Joyner appeared in his behalf. Mayor Graham called for opponents to appear and none appeared, and the public hearing was declared closed. ORDINANCE NO. 83 -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 ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT MOBILE HOME (39) ON LOT 1, BLOCK 7, COLONIAL ADDITION TO THE CITY OF PARIS, ON PROPERTY BELONGING TO EDWARD JOYNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT MOBILE HOME (39) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of the St. Joseph's Hospital for a change in zoning from a Two Family Dwelling District (2F) to an Office District (0) on Lots 2 -A, 3 and 4, City Block 113 -A located on the southwest corner of 12th S. E. and E. Austin Street and on Lot 7 and part of Lot 8, Block 4, Felt, Forts and Varner Addition located on the east side of 10th S. E. at Woodlawn Avenue. Mayor Graham called for proponents to appear and Mr. Felix Gibson appeared in behalf of the petitioners. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. ORDINANCE NO 83 -056 AN ORDINANCE AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAI' OF SAID CITY; ESTABLISHING A OFFICE DISTRICT (0) ON LOTS 2 -A, AND 4, CITY BLOCK 113 -A AND LOT 7 AND PART OF LOT 8, BLOCK 4, FELT, FORTS AND VARNER ADDITION TO THE CITY OF PARIS, ON PROPERTY BELONGING TO ST. �e F p�1V h (y� JOSEPH'S HOSPITAL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNAT- ING AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUND - ARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of W. C. McKinney, Jr. for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on Lot 1, City Block 309 located on the South side of Old Bonham Road, approximately 300 feet west of 19th S. W. Mayor Graham called for proponents to appear and Mr. W. C. McKinney appeared in his behalf. Mayor Graham called for opponents to appear and none appeared. Mayor Graham reminded the Council that the Planning and Zoning Commis- sion had recommended denial of the change. A motion was made by Councilman Fisher, seconded by Councilman Williams approving Ordinance and approving the petition. The motion failed with 3 ayes 4 nays, Councilman Bell, Councilman Wilson, Councilman Graham, and Councilman Hoog voting nay. Mayor Graham declared the public hearing open on the petition of John Madewell for a change in zoning from a Planned Development - Office District (PD -F) to an Office District (0) on Lots 24 and 24 -A, City Block 249 located at 3030 and 3040 Lamar Avenue. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared and the public hearing was declared closed. A motion was made by Councilman Bell seconded by Councilman Williams to continue the hearing to a later date. The motion carried 7 ayes, 0 nays. Joe McCollum, Director of Community Development, presented the final plat of Larry's Acres located outside the city limits. A motion was made by Councilman Williams, seconded by Councilman McWaters approving the final plat. The motion carried 6 ayes, 0 nays, Councilman Fisher not voting. Joe McCollum, Director of Community Development, presented the final plat of Morningside Estates Part 11. Councilman Wilson requested to be excused because of conflict of inter- est. A motion was made by Councilman Williams, seconded by Councilman Hoog to excuse Councilman Wilson. The motion carried 5 ayes, 0 nays, and Councilman Wilson departed the Council Chambers. Tom Pine, City Engineer, appeared before the Council and discussed the final plat. After further discussion, a motion was made by Councilman Bell, seconded by Councilman McWaters to approve the final plat subject to the Engineer's recommendation. The motion carried 5 ayes, 0 nays. Councilman Wilson entered the Council Chambers and assumed his seat at the Council table. Joe McCollum, Director of Community Development, presented the re -plat of Lots 7, 8, 9, and 10, Block 8, Westside Addition. A motion was made by Councilman Williams, seconded by Councilman McWaters to approve the re -plat subject to the Engineer's requirement and recommendation, and the recommendations of curb and gutter not be required. The motion carried 6 ayes, 0 nays, Councilman Fisher not voting. Joe McCollum, Director of Community Development presented the final plat of the Lamesa Heights Addition No. 4. A motion was made by Councilman Wislon, seconded by Councilman Bell to approve the final plat subject to the recommendations of the City Engineer. The motion carried 7 ayes, 0 nays. Joe McCollum, Director of Community Development presented a plat of Windsor Estates. This being a preliminary plat, Mr. McCollum advised that the property was partially developed as a mobile home park over ten years ago and had streets and utilities in place. City Manager Doty recommended that television inspection of the sewer lines prior to accepting if the Council considers accepting as a subdi- vision. A. W. Clem, Attorney, appeared before the Council along with Engineer Richard Babb and answered questions concerning the property, streets, and utilities. After discussion, no action was taken by the Council except to convey to the developers that utilities and streets must be brought to standard prior to acceptance by the City. After discussion of the Rolling Hill subdivision outside the city limits and requiring the subdivision promoter, Mr. Mark Jones to brings the street construction in compliance with the city standards, a motion was made by Councilman Fisher, seconded by Councilman Wilson to table the item to the 5:15 meeting Tuesday, September 13, 1983. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for zoning amendments: Garry Davis, Lots 1 and 2, Block 6, Gibbons Park Addition from 2F District to MF -1 District; Dwight Davis, Lot 9, City Block 220 -B, from SF -2 District to Office District; Edd T. Allen, Lots 19 and 20, City Block 203 from SF -2 District to Commercial District; Jerry Boone, Lot 3, City Block 70 from 2F District to SF -3 - Specific Use Permit - Mobile Home (39) District. Mayor Graham referred the petitions to the Planning and Zoning Commis- sion for their recommendations and called for a public hearing at the next regular Council meeting. I ;. Xj. Mayor Graham announced that the October 10th meeting should be re- scheduled. A motion was made by Councilman Wilson, seconded by Councilman Hoog to re- schedule the October 10th meeting to October 17th, 1983. The motion carried 7 ayes, 0 nays. City Manager Doty presented a request from John Centy for water service off F. M. 195 on Elk Hollow Road. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Williams approving the request for water in a gray area subject to a final plat meeting State Laws. The motion carried 7 ayes, 0 nays. City Manager requested the Council's consideration of one of two Ordi- nances increasing the Hotel -Motel Occupancy Tax Rate, one Ordinance increasing Hotel -Motel Occupancy Tax to 7( effective October 1, 1983, and the other Ordinance providing for a No' tax increase effective October 1, 1983, and 1% tax increase effective April 1, 1984, and a 1% tax increase October 1, 1984. Mr. Lonnie Kennemer, and Mr. Doyl Whitaker appeared before the Council both requesting that the Hotel -Motel Tax remain as is at 5% for one year. The owner and general manager of the Ramada Inn also appeared before the Council. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Fisher to increase the 1% tax now and 1% October 1, 1984. After discussion, the motion was withdrawn. After further discussion, a motion was made by Councilman Fisher, seconded by Councilman Hoog to increase the 1% October 1, 1983, and review the Hotel -Motel Tax next October 1984. The motion carried 6 ayes, 1 nay, Councilman Graham voting nay. Resolution No. 83 -058 authorizing the Mayor to execute Traffic Signal Agreement with the Department of Highways and Public Transportation Division was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 7 ayes, 0 nays. 11 VA. REbuLUTIOr: No. 83 -058 WHEREAS, the City Council of the City of Paris is desirous of inviting the State Department of Highways and Public Transportation Division of the State of Texas to assist the City of Paris in the placing of traffic signals on highways inside the C k y (A Paris which meet State of Texas warrants; and, WHEREAS, in order to receive the assistance of the State Department of_ Highways and Public transportation it is necessary to enter into an intergovernmental agreement a copy of which is attached hereto as Exhibit A, which should in all things be approved and which would be in the best interest of the City of Paris to execute; NOW, THEREFORE, BE IT RESOLVED BY 7HE, CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be and he is hereby authorized and directed to execute Traffic Signal Agreement Type B; freeway Type 1�, tort?; date 10 -76, D -18 in the form as shown on Exhibit A attached hereto which will cover current proposed projects and future projects. Passed and adopted this 12th dray oi_ September, 11383. ATTEST: �f . Z. Zf . H. C. ree e, City Clerk APPROVED AS TO FORD.: if T. K: Hayhes, City Attorney J e Grahnn, Mayor EXHIBIT A STATE OF TEXAS COUNTY OF TRAVIS W i I N i WHEREAS, by vi rL"e uC a r n n I c I p I `ty j n! en.ln, o .1",rl•:.'m,•11t nte)- ed into lhv L1U, City and tlae State, the C1ty has authorizvd the State to maintain certain Highways within the City which ror,sist in part of the freeway type highway; and WHEREAS, from time to time the City rpq"ents the State to install traffic signals on such highways; and WHEREAS, the State under the provision; of Minute Order 70179, dated July 31, 1975, has authority to install traffic signals in cities of over 15,000 population on freewav type highways; and WHEREAS, the City 11,-14 a population of over 15, mn ,acso"Hng to the latest Federal Census; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to he by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT (TRAFFIC STKNAK FREEWAY — TYPE 0) 2 -82 This Ac:,:.;,.: ENF, datud "n 12th - S�.�tet�t�e�- i '- f by ,am! t� nw , „ 'l' i rnt Par` ami i its. �.! ? �,t- ���Y 'i Lataar j •I ,•X:a: .i,', l;l,, :1 `J it. dill ,u;, lwr '. . W, `c '0 `1! �Wn Pa. , ow 12th day of Soptember 1 483 l , t .. Party , Sp "nd Part, K r:Adc to hr'•,-om el i o, r i wh n 1v r.. `cu: ? h. t nr a�ti� W i I N i WHEREAS, by vi rL"e uC a r n n I c I p I `ty j n! en.ln, o .1",rl•:.'m,•11t nte)- ed into lhv L1U, City and tlae State, the C1ty has authorizvd the State to maintain certain Highways within the City which ror,sist in part of the freeway type highway; and WHEREAS, from time to time the City rpq"ents the State to install traffic signals on such highways; and WHEREAS, the State under the provision; of Minute Order 70179, dated July 31, 1975, has authority to install traffic signals in cities of over 15,000 population on freewav type highways; and WHEREAS, the City 11,-14 a population of over 15, mn ,acso"Hng to the latest Federal Census; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to he by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT (TRAFFIC STKNAK FREEWAY — TYPE 0) 2 -82 b K;=Lurn of M.,for of the CAI of Parbs, MW sheet for part of this qgr,,,On, L FVPe Aptember 12, 1983 prepare plans and 8"pervise constr"ction_ hQhwa i LrnQ je Mgna (S ) and 3. The City h•reby ON 'Ons t run t 1,n highway traffic signals) by the approval of location 3"d wannvu as �_,,J(_) W:I On Plans and described in SPOCKICULons. 4• The City wi,,I operate and, maintain the highway traffic signal(s) at thei expense upon completion of the installation(s) Q the State. all 5• The City will pay all Power costs for operating the signal(s), including Power necessary for installation and testing tiOn of the installation by the State. of the signals Prior to comple- 6. The City will obtain written aproval of the State Department Of Highways and Public Transportation before makIng any changes in the design of operation and timing of the signal's) or before "Oving any part of the installation(s). 7• The City will. renjuri rny a-1d all parts of Said highway traffic signal Instaliation(s) to the state ynculd it they) be rainoved by the City for any reason other tha" for instal l"Inn on a S! "W "r Fcder�l numbered highway root, at AGRFF�jj�- , t — L;,_. , u a location approved by the `itati'. 8. The City will he rvs;l,vwihle for tht, police' enfnrrom,!nt. retpO red for securing obedience to the Oghway rraf f it 9. In the c,vs'rlt tht` WWI(") instal !-A in nrcor-d:anvo with this Agreement become unnecessary' or are rva"ved Wr Ally rvasoq r this agreement _ l t Si hall terminate. 10. 1 nde m,n I l 1 CA t i cn _... :1'I: .•,} 31 1 'a:liA -1 },PS 1nCl claims for damages t:o a:.i �� r 'rte �•. ...'r t tlr, -: 5t1tEt l� or nwy b,. I t;ll�lt' Iri i 1; installatfon, ! he c not ru,•I Ind do, s herebv agree to Lndem;li ty the SLat 11;A ilt t lV C:11!!'i irt. ?rC' v: ' fees and all expenses In 0onnectiorl with suit: too ' tilt' }1 dai;lA4't' ilild sh:a11. L1 requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing, in this agreement shall he construed to place any liability on the City for personal injury arising out of the construction of such project. Furthermore, it is not the intent of this agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State itself would be liable for such injury or damage. Nothing herein cnntained shall ix` construt�ci to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in ally manner connected with "W nse of the project, and the City will save rho SUM harmless from any damage; arising from said main- tenance and /or use of said project. AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE g) r, 2 -82 ! -• 1�1,e tlt`y:,irtr•,�• lit .. +ffi n++! t:i,�lfr :Iii f,!n<'i.ii +`I I �.t • IN TF:S'1']MON'. ,JHIEPF( t i�,� �t . executed in -.It, d .>n bcr,._I It + f ',-I) C, C i t y, t i.. I 12th_(1ay f -- ._ .September. -- '9 - -83 -- ATTEST: BY: Joe Graham, rtavor FI . C. Greene, City Clerk :,TATS OF' TEXAS Certified as beinu executed for the purpose and effect of activating and /or carrying out tlio orders, established policies, (�r work hre�yTaT ^:: heretufnre approvrd and akitE,oriz,.,3 by th:- State H''.Jhway and Public Transr_,ortati(, Ccmmi5sion: I: nU CtaiT',tE'ndnCe ( %;''C.:iti �n5 nd a p")Iovod foT t.t�r� `1'r an <:T0r tatiori Commissi :n uT:der Authority of Co,.i,,J ss ion Minute 36 50, and A,i(nini,:t tative• Or iot No. 29 -81 RI;COiMMENDED FOR EXECUTION: District Engineer AGREEMENT (TRAFFIC SIGNAL. PI- 120WAY - 'E' }'E,e It) 2 -82 Resolution No. 83 -059 committing the City of Paris to comply with the financial, Administrative and operational responsibilities of the Solid Waste Transfer Station was presented. A motion was made by Councilman Fisher, seconded by Councilman Bell for adoption of the Resolution. The motion carried 7 ayes, 0 nays. 6. J r.L,:OLUTIOII NO. 83 -059 WHEREAS, the City of Paris has an obligation to close its existing Solid Waste Landfill in accordance with Texas Department of Health Regulations; and, WHEREAS, the City of Paris has made application with the Bureau of Solid Waste Hainagement, Texas Department of Health for a Permit to construct and operate a Solid Waste Transfer Station; and, WHEREAS, as part of the Solid Waste 'Transfer Station_ Permit Application, the City must pass a Resolution giving evidence of financial responsibility, and assure that Solid Waste l,'acilities will be developed and operated in accor- dance with the Texas Department of Health Regulations; and, WHEREAS, the City Council will on the 13th day of September, 1983 finally adopt a Budget for the City's 1983/1984 Fiscal Year which provides a sound financial plan �ir.d sutticient resources for the ?roper operation of the City's current and proposed Solid Waste F<.ci.lities; NOW, THEREFORE, BE IT RESOLVED BY THE C1'1'Y COUNCIL OF ThE CITY OF i'ARIS, that the City Council of the City of Paris be and it is hereby committed to comply with the financial, admini- strative and operational responsibilities as detail,2u in the City's Permit Application for s Solid Waste `1'ransl.er Station. Passed and adopted this 12Lh tiny of September, 1983. r � (�-� ./ �! .nom ✓y v J�e Graham, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: _4z /C__ T. K. Haynes, City Attorney Resolution NO. 83 -060 changing the regular meeting of the City Council from October 10, 1983 to October 1.7, 1983 was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RLSr;Lli'IION °'.O. 83 -060 WHEREAS, the City Council of the City of Paris is aware of the Texas 11unicipal League annual meeting being conducted on October 7 through October 9, 1983; and, WHEREAS, City Council delegates and staff members will be in attendance of such meeting which could hamper orderly preparation for the regular City Council meeting on October 10, 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the regular City Council meeting for the month of October, 1983 bc, and the same is hereby established for October 17, 1983. Pissed and ridopted this "Ith day of September, 1983. J e Gra -yam, Mayor ATTEST: Uree e, ity Clerk APPROVED AS TU P ORM : T. K. -Haynes, City Attorney Resolution No. 83 -061 approving the hanger lease form and monthly tie -down agreement form, and authorizing the Airport Manager to execute same was presented. A motion was made by Councilman Fisher, secoi:ded by Councilman Wilson for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION 140. 83 -061 WHEREAS, the City Council of the City of Paris deems it to be in the best interest of orderly operation of Co-,: Field Airport that hanger leasing be accomplished by written lease in the form of Exhibit A attached hereto; and, WHEREAS, monthly tie -down space rental should be accomplished by written agreement in the form of Exhibit B attached hereto; and, WHEREAS, due to the frequency and number of hanger leases and monthly tie down agreements it would be appro- priate for the Airport Manager to be authorized to execute said leases or agreements within the guidelines established by the City Council and such authorization, should be granted herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the hanger lease form and monthly tie -down agreement form attached hereto as Exhibit A and B be and the same are hereby approved; and, BE IT FURTHER RESOLVED that the Airport 1,1anager, Jim Collier, be and he is hereby authorized and directed to execute hanger leases and tie -down agreements on behalf of the City of Paris until further instructed. Passed and adopted this 12th day of September, 1983. oe Gra am, Mayor ATTEST: re ne , i.ty APPROVED AS TO FORM: T. K. aynes, ity Attorney COX FIELD ATR20RT AGRLINENT FOR HANGER SPACE This contract and agreement of Lease, made this day of , 19____, between the City of Paris,- Paris, Texa=s, a municipal corporation of Lamar County, Texas, hereinafter called "CITY ", and hereinaf ter A. In: consideration of the payment of $ per month, payable on the first day of each month, CITY agrees to let, on a month W month basis, the above designated Banger Space No. , at the Cox Field Airport, here- i_nafter c e_c P.- IRPORT, subject to the conditi.or.:: and covenant.:; herein contained, <nnd to he used toy the following: 1. 2. 3. 4. 5. Plane Igo. Regiviered Uwnor home Phone No. Business Phone No. Lorne Address R. LESSEE covenants with CITY as follows, to -wit: 1. LESSEE agrees to notify Airport Manager, in writing, within ten (10) cj<nys, of any chnn�;c in the in Eornati on furnished herein. . LESSEI; regulations tration, Stz other duly jurisdiction agrees to abide of the Federal to of Texas, City constituted publi over the airport. by all rules an,u Aviation Adminis- of Paris, and any authority having 3. LESSEE shall not slnblet or furnish to any other person any office space, storage space, aircraft storage, or any other right or privilege in or on Airport property without the written: consent of the LESSOR. 4. LESSEE ag reec to ,accept all facilities on the leased premises in the condition_ in which they are found. CITY hereby disclaims and LESSEE hereby accepts CITY'S disclaimer of any warranty, express or implied, of the condition or Fitness of the promises or the tie -down apparatus. 5. LESSEE shall furnish such equipment as may he necessary to property secure his aircraft. LESSEE agrees t:o be soleiv responsible for setting brakes, placing chocks, tying down or otherwise securing his aircraft. 6. LESSEE covenants and agrees that he will riot hold CITY or any of its agents responsible for any loss occasioned by fire, theft, rain, windstorm, hail, or any other u,-,use whatsoever, whether said cause; be the direct, indirect, or merely a con- tributing factor in producing the loss to any airplane, automobile, personal property, parts or surplus that may be located or stored in the hangers, offices, aprons, field, or any other location at the airport; and LESSEE agrees that the aircraft and its contents are to be stored at airport; and LESSEE agrees that the aircraft and its contents are to be stored at LESSEE's risk whether on the field or in the hangers, not withstanding the aforesaid LESSEE does not forfeit the rights that other members of the flying public have. 7_ LESSEE agrees to indemnify, defend, hold harmless the CITY, its agents, officers, and employees, from and against any and all liability or loss resulting from claims or court action arising directly or indirectly out of the acts of LESSEE, his agents, servants, guests, or business visitors under this agreement or by reason of any act or onission of such person arising from any use of the airport premises and /or facilities. S. LESSEE agrees that in the event of any misrepresentation or default by LESSEE regardir-g any of the obli.t;ations of_ this agreement CITY may impound all aircraft and padlock all facilities of LESSEE herein leased. LESSEE further covenants and agrees that LESSEE will, upon failure to pay the rental hereinabove agreed upon, yield up unto CITY all and singular the leased premises in good condition, reasonable use and wear and tear accepted; LESSEE further covenants and agrees that if LESSEE shall fail to pay the rental hereinabove agreed upon, CITY may lawfully at any time there- after, after five (5) days written_ notice by depositing in the U.S. Flail addressed to the last known address of LESSEE, enter upon the leased premises or any part thereof and remove LESSEE's aircraft thereform, forcibly if necessary, without being taken or deemed guilty of any manner of trespass, and without liability on the part of the CITY of any kind or nature whatsoever, and without prejudice to any legal remedies which might otherwise be used by CITY for possession of said premises or for arrears of rent, and that r !.x upon entry aforesaid the rights of LESSEE under this lease shall cease. 9. CITY may terminate this agreement with cause on delivery of written notice to the LESSEE at his last know address and upon refunding to LESSEE a pro rate amount of the storage charges heretofore provided for the unexpired portion of the month following the date of such termination; and upon such termination, the LESSEE shall immediately remove said aircr.ai -t from the Airport. 10. CITY shall have the right to enter said premises at any time for inspection or repairs, additions or alterations necessary for the safety, improvement, or preservation of the leased prem- ises. LESSEE hereby acknowledges receipt of a copy of this agreement and a copy of Articie I of Chapter 6 Code of Ordinances of the City of Paris and a copy of Federal Aviation Agency Air Traffic Service, effective August 27, 1962 as amended, Rules and Regulations of the Airport, said Rules and Regulations being specifically incorporated by reference as though fully set forth herein, and agrees that he shall be bound thereby. ate Date CITY OF' PARIS BY:_ Airport Manager t,� SQL COX FIELD AIRPORT AGPEEMENT FOR TIE -DOWN SPACE This contract and agreement of Lease, made this day of 19 between the City of Paris, Paris, Texas, a municipal corporation of Lamar County, Texas, hereinafter called "CITY ", and hereinafter called "L1 :�Si,L'"' . A. In consideration ct the payment of S_ shall fur.nisl-: per month, peryahle nn th,• 1 irst. dc-,w of each month, CITY agrees to let, on a montl; to mc)nth basis, the Labove 1) C.. solely designated Tie -Down Space No. at the Cox Field Airport, _ hereinafter called AIRPORT, subject to the conditions and covui;,3nts heroin contained, and to be used for t:he iollowing pu.rlpus(us (s) : 1. Plane No. 2. Registered Owner. _ 3. Home Phone No. 4. Business Phone No. 5. Home Address B. LESSEE covenants with CITY as -follows, to -wit: 1. LESSEE agrees to notify Airport Manager, in writing, within ten (10) days, of any change in the information furnished herein. 2. LESSEE agrees to abide by all rules and regulations of the Federal Aviation Adminis- tration, State of Texas, City of Paris, and any other duly constituted public authority having jurisdiction over the airport. 3. LESSEE shall not sublet or furnish to any other person the tie -down space herein described, or any other .right or privilege in or cn Airport property w4thout the irritten consent of the LESSOR. 4. LESSEE agrees to accept: all facilities on the leased premises in the condi_tic-,n in which they are found. CITY hereby di;c1a4ms and LESSEE hereby accepts CITY'S disclairr_r of any v;arranty, express or implied, of the condition or fitness of the premises or the tie -down apparatus. 5. LESSEE, shall fur.nisl-: such equipment as may be necessary to property secure his aircraft. LESSEE agrees to 1) C.. solely respcn�ible f_or setting brakes, placing chock:;, securing his aircraft. tying down or otherwise 6. LESSEE covenants and agrees that he will not hold CITY or any of its agents responsible for any loss occasioned by fire, theft, rain, windstorm, hail, or any other cause whatsoever, whether said cause be the direct, indirect, or merely a con- tributing factor in producing the loss to any airplane, automobile, personal property, parts or surplus that may be located or stored in the hangers, officer, aprons, field, or any other location at the airport; and LESSEE agrees that the aircraft and its contents are to be stored at airport; and LESSEE agrees that the aircraft and its contents are to be stored at LESSEE's risk whether on the field or in the hangers. 7. LESSEE agrees to indemnify, defend, hold harmless the CITY, its agents, officers, and employees, from and against any and all liability or loss resulting from claims or court action arising directly or indirectly out of the acts of LESSEE, his agents, servants, guests, or business visitors under this agreement or by reason of any act. or omission of such person arising from any use of the airport premises and /or facilities. 8. I.,ESSEE agrees that in the event of any misrepresentation or default by LESSEE regarding any of the obligations of this agreement CITY may ground all aircraft and padlock all facilities of LESSEE herein leased. LESSEE further covenants and agrees that LESSEE will, upon failure to pay the rental hereinabove agreed upon, yield up unto CITY all <<nd singular the leased premises in good condition, reasonable use and wear and tear accepted; LESSEE further covenants and agrees that if LESSEE shall fail to pay the rental hereinabove agreed upon, CITY may lawfully at any time there- after without notice enter upon the leased premises or any part thereof and remove LESSEE's aircraft thereform, forcibly is necessary, without being taken or deemed guilty of any manner of trespass, and without liability on the part of the CITY of any kind or nature whatsoever, and without prejudice to any legal remedies which might otherwise be used by CITY for possession of said premises or for arrears of rent, and that upon entry aforesaid the rights of LESSEE under this lease shall cease. 9. CITY may terminate this agreement with cause on delivery of written notice to the LESSEE at his last know address and upon refunding to LESSEF, a pro rate amount of the storaqe charges heretofore provided for the unexpired portion of the month following the date of such termination; and upon such termination, the LESSEE shall immediately remove said aircraft from the Airport. 10. CITY shall have the right to enter said premises at any time for inspection or repairs, additions or alterations necessary for the safety, improvement, or preservation of the leased prem- ises. LESSEE hereby acknowledges receipt of a copy of this agreement and a copy of the Rules and Regulations of the Airport, said Rules and regulations being spe cii=i_cally incorporated by reference as though fully set forth herein, and agrees that he shall be hound thereby. ate CITY OF PARIS IM Airport Manager Date LESSEE Resolution No. 83 -062 authorizing and directing the Mayor to execute a deed of trust lien release to Crockett Industries, Inc. in the amount of $25,000.00 was presented. A motion was made by Councilman Bell, seconded ;;1" ,)i,i_i'T'I(ild I,0. 83 -0h'L UTHEREAS, Crockett industries, Inc., did heretofore execute a deed of trust to property comprising the old compress site on the West side of lst Street S. W. guaran- teeing the demolition of the buildings comprising the old compress; and, WHEREAS, Crockett Industries, inc. has performed the demolition in accordance with their agreement and it is appropriate that sriid of trust he released; IOW, T11ERP "FORE , DE IT I:E: >()I,VFD BY THE' CITY COUNCIL OF T1IE CITY OF PARIS, that the Mayor c_': the City of Paris, Joe Graham, be, <ind he is hereby authori-cd and directed to execute deed of trust 1_. -yen release in the form attached hereto as Exhibit A e,easing Crockett Industries, Inc. deed of trust heretofore made to T. K. haynes, Trustee, securing Crockett Industries, Inc., note in the amount of $225,000.00. Passed and adopted this 12th day of September, 1983. 'zy J e Tra am, Mayor — ATTEST: )i. C. Gre ne, City Clerk APPROVED AS TO FORM: T. K. llaynes, City Atto)_-ney J _J - I M EXHIBIT A C-221 R! LEASK OF LIEN Martin Stationery Co.. Dallas y , r E: S LVIT], OF TEXAS, 4MM' ALL MFA BY THESE PRESENTS: 11:it in con: deration of the Ingniunt in full ;wNwdkg to the face and tenor thereof, of certain promissory note in the principal sum of $25,000,00 dvwrHwd in a certain Deed of Trus executed by CROCKETT INDUSTRIES, 1NC, , a Texas Corporation, acting by and chrovigh its duly authorized President, Foy Crockett --A 01 T. K. Haynes, Trustee for the City of Paris, Paris, Texas dared the 7th (NY of October 19 80 , ;wd recorded in. Vol. on pngo of the records of Deeds of Trust- of Lamar County, Texas thu owner and holder of said note 1) hereby release the Deed of Trust lien shown ly odd Deed of Trust to exit upon the followhig described land, to secure Imp ulf2litoc"aidllote viz. Situat=ed wiWin Paris, County oE Lamar and Sty ru of of Whd, further described on ExhLb part hereof for AL purposes. the corporate limits of the City of texas, hoinr described a Eight tracts I A, attached hereto and made a WRness its hand this 120 thy N September 19 83 ATTEST: CITY 01" PAN IS, PARIS, TEXAS BY: 117 C Greene-, City Clerk Jou THE STATE OF TFXAS LiV-IA R !',),F (1J% ME, tilt, undersigned a Notary INN& County of I ill ano, for ":ml County, Tcx:l.' on this day personally,, appeared Joe Graham, Mayor of the Wiv of Paris, Paris, Texas kno"v 0) ine V) be the jwwon whose winlv is 141WOwd to the foregoiny, instrument, ouid ;icknovdedged to me that he executed the same fir the purpons and nalsideration therein tn%pn-sed. and in the capacity therein stated. GIVEN U-NDEM T4Y ifAND AND SICAL OF (WORK, this AV of September X It I" S3 (I,. S.) OF by Councilman Wilson for adoption of the Resolution. The motion carried 7 ayes, 0 nays. City Manager Doty requested authorization for the City Attorney to prepare an Ordinance increasing the fine for dumping of trash within the City if such is permitted by State Law. A motion was made by Councilman Fisher, seconded by Councilman for adoption of the Resolution. The motion carried 7 ayes, 0 nays. Resolution No 83 -063 requesting the aid and cooperation of the State Department of Highways and Public Transportation for reconstruction on 1st N. W. for widening and signalization at the intersection of U. S. Highway business route with Farm to Market Road 79 and Farm to Market Road 137 and on U. S. Highway 82 /Loop 286 N. E. at Loop 480 and at Loop 469, and construction on Collegiate Drive from Lamar Ave. to U. S. Highway 271 /U.S. Highway 82 /Loop 286 N. E. was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLu'rlON NO. 83 -063 WHEREAS, the City Council of the City of Paris has requested the aid and cooperation of the State Department of Highways and Public Transportation to accomplish the following projects: (a) Reconstruction on lst Street N. W. and Santa Fe Street from Graham Street North to North Main Street a distance of approximately 0.6 miles; (b) Widening and signalization at the inter- section of U. S. Highway Business Route with Farm to Market Road /9 and Farm to Market Road 137 and on U. S. Highway 82 /Loop 286 N. E. at Loop 480 and at Loop 469; and, (c) Construction on Collegiate Drive from Lamar Ave to U. S. Highway2`�l /U. S. Highway 82 /Loop 286 N. E., a distance of approximately 0.6 mile; and WHEREAS, in order to receive the assistance of the State Department of Highways and Public Transportation, it is necessary that the City Council of the City of Paris accept Minute Orders covering the above described projects, being Minute Order Nos. 81169 00013, 81169 00014, and 81169 00015 all passed on August 25, 1983; and, WHEREAS, it would be in the best interest o1 the City of Paris to accept said Minute Orders; NOW, THEREFORE, BE IT RESOLVED BY THE CITY PARIS, that the Mayor of the City and he is hereby authorized and behalf of the City of Paris, Stat and Public Transportation Minute Exhibit A, B, and C. COUNCIL OF THE CITY OF of Paris, Joe Graham, be directed to execute on :e Department of Highways Orders in the form of Passed and adopted this 12th day of September, 1983. ATTEST: H. C: Greene, City Clerk APPROVED AS TO FORM: T. K. aynes, City Attorney Joe Gra am, Mayor XL STATE DEPARTMENT ()F 1{16'11WAY-, AND I "IJBI,I("I'RANSI'()R'I- A'1'1()N MINUTE ORDER L-4AR _- - -. county 1 Tifetrlct No. __. -__ -- - -- - Pago EXHIBIT A of -- _ -2 - -- Pager 'v U,- 'Y.iASS, in L.AP'AR COUNTY, the City of Vari„ Luis rv(111c6lcd faunlMtralu:f: in z'ecotu,+ r++f t 1u14 on First Street northwest and Santa I'e-. :street: frour Graham Street to North Main Street, -a rii_stance of approximately 0.6 mile; and ' =rst Street Nc thWaat Anrl h"c .,Cree' aYe f-,t IUJl --d lu th' Urhiut :a 1x1 1;11FRjazs, it it the desire of the State ► ?e, artrfc r.r of 'Hi- ghways and Public Transportation to assist the City of Paris in sucl-a T ,G .l'CitF, t;.ae E: ;i :czr -Lir: c:.o is ciir.€ t. ^c; L:, ..e:..;er the f:ollo<::i�Yg proporal to the City or: Paris: ^�rn ✓it,:i tho C::t.y will- 1. Fttirni.rla ail re(i0red riry;lt o). to -1•,, cicar of o1,: :'ru(-L1t ')ras uit.tt acgv;lsiti -on l,rocc('wres to t- in Jtr(.urdun, r witjl a1,t;I .I AIt Vc(ii•r,n1 :111(t State bavr1 I;cr,'vraing the acclulaLti-on poli+ Lc.n for racytIrlu;; rt�nl property. v 2. Provide for the ad jtlstnnc:tlt of utj li,- ic£; a:; r,oy be reyl.aired 3, mainteaia:i all of tttc work constructed as � arL of the project and- agr--e to regiflate traffic and prevent encrozxcIviterat eta the right of way, all in accordance aith gaverning policies and regulations of the Depar'tmw nt. 3. . 1)taa�ct No. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION - - -- county 1 r. TNT ! "E' ORD E P��e- --`'--- nf---- �2- - -- -Pal's " ') Ject. to the Urban 'Syc.tem furdT, and the eligibility of the proposed ,j-ork for t-.itFi said funds, ttiw State Dep;zrtment of Highways and Lublic Transportation will. 1. Prepare ccn,4, uct ioti plar:s and specifications. Z. Frovide for Recoust.ruction of Grading, Structures and Surfacing at an esti- mnted cost of $319,000 as authorized in the 1983 -1986 Urban System Program. Upon accertaw -e of the provisions of this Order by the appropriate officials of the City of Paris, IT IS CRDZUD that First Street Northwest and Santa Fe Street extending f toss Graham Street to North Pain Street, a distance of approximately 0.6 mile, be and Ore hereby designated as P_TTRCM)%XTAN HIM YS and the Engineer- Director is directed to eater into any necessary agreements with the City covering the details of th-e pra- pnsed improv nts, to proceed with the eagins-ering develoqamnt of the project and niter the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical maanaer. t hi-s Order shall become operative upon acceptauce by the City of Paris and if not acccrtad within 90 days of the date hereof, the action herein contained mall be automatically cancelled. Submitted by Examined and recommended by: (Title) Pro A Loved Deputy!Aasistant Engines- Director gram Engineer pp n Enginee-r- Director ' - -- -- — Approvrd: - E=cr+e+ -_ Minute. Number- -- - -- C�i1.._V' Ty_3 _ _.. _ ^c=ontiiStSSttrt7 Date Passed AUG 2C, 83 I e STATE DITARTME NT OF II1611W YS AND PUBLIC TRANSPORTATION MINUTE Old"J"R Z`i.trict No. EXHIBIT }3 i ., Faye _ ._ _ -- -. -- o' .. - -- .. - - -- parses UMR?.AS, in i�f -��1AR COUN'.ry, t!le C=ity of ?7 },r s ha.a s-Lgr.� -steel assictance ira videning and itnvalir3t` ion zt the interzect'.oa of ;i. S. i,!FI: way vi iius n as I to with Farm to Ylar(t(_t Road 7;; ar. Frrm to Au -irk. toad l:i? on, ji. `;. Mg °zway 82/Loop 24,36) a, %atop 46v and at Loop 469; and V.'•IEEE,AS, ~thew streets are included in tht u;s'iynn System; and it -is tine desire of the States T)Q2(�s,_ t«Lr�t cif L1iGi2waye r nd Public Transpor. ation to assist the City of .Paris ir. such NCI , TIU. IEFORE, th! Ls:sgiw-cr-Director In di,.ect ed to tender tho follawLng proposal to the City of Paris: P ovdd, -,d the City :ill: I.. Kiintala anA epezate Ow- si;naLi upon completion in a a;snl.or satisfac(mry to the L\--partment. L. Adept and enforce s.:Lh crd nance* ?1.6' regu aLioas 0.0 mvy be required for proper operation (if the �rm 13041 Ut •8- STATE `)EVARIINIENTOIT IM)'11WAYS AND PUBLIC TRANSPORTATION 2 "'IN-1 ITF ORDER A:. to the avall.-.1bf14cy c![ Syrtcm fuudz and the eligibility of the Lho SLata- Department of llighwFays Public F-rovi&.- Yoc Widen I cif i-on rot an estimated cost of �228.000 as aLcc-plance c4f the pro-,-i-ji.onzi •,AL' tH-L; by appropriate officials of the City is jlx clad to zrater 'I-ito any necessary agreements with the C'-�ty --")Ver4:X% th.-, Qf. tl► Proposed 1-m-provemonts, to proceed with engineering develor-, lent Of tiie vit' construc--I.-Acm in the most feasible and economical This Giver shall becvt---rev, o-pr-itive. up-on zic c-f- since Ly the City of Paris and if out I I accepted within 90 drys of t'•2 daLc lhcrecf, the acti.-an herein contained shall b,. auto.-L3tically cancelled. S0kAII4,*, (T i t I iTogrnfa 'Er;,in.?er Apflr"Wt'. I XMIL!III'd IIIJ ICL•�;nniend,--d Ir., A Pj ed Assistant engineer- Director Engineer - Director SIL %I ` 'I-, Minute -44 Dale ,BUG 2y 83 I -S AIF 1)E PA11 I'M ENT t)!- H I AN1) 1't'El1.1 i "1 #tAN: ,1'( ;RTA i-10N iv,HNUIT ORDER EXHIBIT C LAHF.k - - Cowry PxYe - Z --- of - -- 2 -- - Pagel „iu R? ttS, i�l L1;3A1i C()tl"L111", the City of P. ris has re,,ue ntc-d e,' ;Gibtarce in coastruction on (ni.', giate Dr .ve wr'crm Lam,.,.r Avenue to C'. S. ldghtaa�= 271/D. S. Highway 82, .-t dioLance of .�p_.roximately 0.6 ntil.e; a�x' 1;:T:REAS, it i:< lnticipated teat Col1,�L ;iate. PIrive brill be included in the Urban System; ;lnri the desire of t1li: State lk- par±.mcW.nt o;: 11 ii;tlwnys ai;cl Public Transportation o assist the Cite of Paris in such work; the Engiuec: Director U dtrectcci to teadcr Lhe. foll(c7ing proposa.i thc �Atv of Paris-. i'x vided tt:e Cit }' %,i11: 1. I fish all rep Ui.reci ri.g`_lt of way c1ca ol: o}.< ;truc.tions with e!cciuisition pro - ccdures to l>�-- I with app 1. ic able Federal and Stag, laws govrxn.ing 'LIE acqui;?.ukota poll.cli:s fcr acquirin-, real ,ro`,!rty. i. ryi<J'v'itlE TCr ' file :On�CXIt 'f:l of cont'_.le`.1U( ;i C(lY:i ;2T.-; s i.11:tE'ry iLUral S<aIt^rS, dr'i -, -C— a: s a:.id sidewalk-S, a'A ab Lv;:, y' be rcqui; -ed and all in aC;C'c.7d arise .;t!l };overnin4 policies .�li�? rcgLy. ;3t ion,,; of Liu: bepr. tmeat. 4. h- iintaia all of thc warts co.isiructed zc ; part of the project and agtec to regulate traffic_ alid prevent enc.ro cccrnelit o(: the ri;_ht of tray, all in accord - ance with goveroing policies ,zad regulations of the Department. 40 S I AT F D F ' flARTMI'NT OF HIGHWAYS AN'O 111.1111.11C T'RAN'SPORTATION U R M%Lri,CE Nn. !4INUTIF OR IER to : *:he availab-Ility -4 liv'Oan S-,stem funds and the eligibility crf for said rte, dr. :state Y).--pRrtr7t*.--nt of High"rays and nijortariva x--ill: ,iblic 'I.z. an Rrov-'-Je for Sructurus rnd SurfaciuZ at an estimated ric �'52,000 as aut;Ltorized 4n --h�: IWD-1986 Urben System Program. :- 0: t L Y' -� - Upon of the provisions of tlii.r. UzAer by the appropriate officialB of the Cit.; of :arin. the Engineer -D!r o-.ctor directed to cater into any aecessary agree:;l nts with t1to City covc-ririg the details -of the pr(�ae-d Llsiprovementu, to proceed with thx-- engineer- ing dt,-ve!op-----.cnt of the project and after the City- has fulfilled its re3ponaibilitLes, to proceed with construction in the most feaEible aivl economic8l wenrlie-r. IL is u"detstood that is City ir;ly discharge tts conatruction obligatims as outlined herein it., any =nner as it may elect. In the event tha City desires the State to in- clude L---G pottion Of the vork irl the State's construction contract, the Engineer- Director '-5 her-,,by authorized to ^nter into a�eeineut with Lhe City for such work and its cost as ivay b4-- 4,igreed uprn. ,his Ordcx rhall bccom- operativ-,-- upon acceptance by t1te City of Paris end if not accepter ,within �,O dttys c;f the date the action herein contained shall be. automatically CL:Uccllod. Submiltoi by Lx-timiud and plitviAssistant Fn;Tino�r r)iTPCL,,-. rogram EUZ i rLe e r A Minuir Number Da t c Pa %,sc d A U C 25, 83 City Manager Doty presented a request from Jerry C. Slaton for sale of r� land located across from Cox Field on F. M. 1508. After consideration by the Council, a motion was made by Councilman Fisher, seconded by Councilman Wilson for an appraisal to be made of the property and legal process started. The motion carried 7 ayes, 0 nays. Mayor Graham called for the tabulation of bids for an Electronic Leak Detector and the following bids were presented: Metro Tech Fisher M. Scope $ 494.00 $1074.00 A memo from the Director of Public Works was read showing the bid of the Metro Tech did not meet specifications. A motion was made by Councilman I Bell, seconded by Councilman Fisher awarding the bid to the low bidder meeting specification. The motion carried 7 ayes, 0 nays. Mayor Graham called for the receipt of bids for a Asphaltic Concrete Overlay for the Police Firing Range at Cox Field and the following bids were presented: Richard Drake Construction Co. $5,000.00 City Manager Doty recommended the rejection of the bid. A motion was made by Councilman Fisher, seconded by Councilman Williams approving the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. Mayor Graham announced that the Council would go into executive session, and the regular session was declared closed and the executive session open. Discussion was had with the City Attorney on legal and personnel matters. Mayor Graham declared the executive session closed and regular session open. Councilman Walter Williams read his resignation to the City Council. A motion was made by Councilman Bell, seconded by Councilman Williams to accept the resignation of Councilman Williams with regret. The motion carried 7 ayes, 0 nays. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR ATTEST: H. C. GREENE, CITY CLERK AGENDAiTEM MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION TUESDAY, SEPTEMBER 6, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS The Planning and Zoning Commission met in regular session, Tuesday, September 6, 1983 in the Council Room of City Hall at 7:00 P.M. with the following members present: 1. Freddie Swaim, Chairman 5. Bruce McMonigle 2. Bill Davidson 6. Ronnie Nutt 3. Jacob Hildreth 7. Skip Steely 4. Olivia Johnson * 8. Dwight Woolston Chairman Swaim called the meeting to order and the minutes of August 1, 1983 were approved as presented. Chairman Swaim declared the public: hearing open on the petition of Edward Joyner for a change in 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 1, Block 7, Colonial Addition located on the south- west corner of 16th N.W. and Walker Street. Mr. Joyner was present and told the Commission he needed the permit to place his mobile home on the lot to replace the house that was destroyed by the tornado. He stated he had lived at this location for about eight years. Charlie W. Dake, Jr. 1600 W. Shiloh was present in support of the request as well as Kenneth Joyner who pointed out the difficulty in maintaining the property in its vacant stage. No one was present to oppose the request and the public hearing was closed. Following discussion, Mr. Woolston made a motion to recommend approval. Mr. McMonigle seconded the motion which carried 7 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of St. Joseph's Hospital for a change in zoning from a Two Family Dwelling District (2F) to an Office District (0) on Lots 2 -A, 3 and 4, City Block 113 -A located on the southwest corner of 12th S.E. and E. Austin Street and Lot 7 and part of Lot 8, Block 4, Felt, Forts and Varner Addition located on the east side of 10th S.E. and Woodlawn Drive. Mr. Felix Gibson represented the hospital and in response to questions stated the request to expand the office Zoninq was to provide soniF, additional off street parking area on the 10th Street side and to provide a site for future medical clinic construction on the 12th Street side. There was no one else present to speak on the matter and the public hearing was closed. 1' Mr. Steely commented that another old neighborhood was being destroyed by the expansion and he hated to see it happen. Following discussion, Mr. Nutt made a notion to recommend approval of the request. Mr. Woolston seconded the motion which carried 6 ayes, 1 nay with Mr. Steely voting nay. Chairman Swaim declared the public hearing open on the petition of W.C. McKinney, Jr. for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on Lot 1, City Block 309 located on the south side of Old Bonham Road, approximately 300 feet west of 19th S.W. Mr. McKinney stated he had recently found this lot and had a contract to purchase it if a permit can be approved for a mobile home. He said he presently lives in a mobile home park and wants to place his mobile home on this lot with the idea of building a house at that location in approximately 10 years. E.G. Womack and R.D. Garess, area landowners, spoke in support of the request saying that any development in the area would benefit everybody. No one else was present to speak and the public hearing was closed. Discussion by the Commission centered on starting an SF -3 District in the SF -2 area and the fact that if approved, other properties in the area would be entitled to the same consideration. Mr. Steely made a motion to recommend denial of the petition because it would be contrary to the ordinance intent of limiting mobile homes to the smaller lot zoning districts. Mr. McMonigle seconded the motion which carried 6 ayes, 1 nay. Mr. Hildreth voted nay. Chairman Swaim declared the public hearing open on the petition of John Madewell for a change in zoning from a Planned Development Office District (PD -f) to an Office District (0) on Lots 24 and 24 -A, City Block 249 located at 3030 and 3040 Lamar Avenue. There was no one present to speak on the matter and Mr. McCollum read a letter from the applicant's attorney requesting the matter to be tabled until the October meeting because the applicant would be out of town in September. Chairman Swaim closed the public hearing and Mr. Steely made a motion to table the request. Mr. Davidson seconded the motion which carried 7 ayes, 0 nays. * Mrs. Johnson joined the meeting at this point and assumed her chair. The Commission next considered approval of the preliminary plat of Windsor Estates. A.W. Clem, representing the developers of the proposed subdivision, told the Commission that the property had 102 potential lots and had originally been planned for a mobile home park. He stated that approximately 10 years ago, the water mains, sewer mains and some street paving had been constructed on the property and it was the developers proposal to utilize as much of the existing improvements as possible and construct other necessary improvements to make the subdivision acceptable to the City. ..' Richard Babb, professional engineer, submitted a preliminary report on existing improvements on the property which is attached as Exhibit A. City Engineer Tom Pine recommended that the Commission consider the de- veloper's request to utilize existing utilities and pavement and pass their recommendation on to the City Council for their consideration. He said he approved of the concept to retain any improvements that are useable but because this is an unusual case, he felt the City Council should provide some guidance before the preliminary plat was approved. The Commission discussed the matter at length with Mr. Clem and Mr. Pine and Mr. McMonigle made a motion to recommend to the Council the concept of evaluating and utilizing the existing improvements where possible. Mr. Steely seconded the motion which carried 8 ayes, 0 nays. Mr. McCollum presented the final plat of Larry's Acres located north of the City of Reno near their sewer treatment plant. He explained that the land involved was over two miles but less than five miles from Paris City Limits and would likely be incorporated into Reno in the future, but could riot be filed for record without City of Paris approval due to its location. He recommended approval as presented. A motion was made by Mrs. Johnson, seconded by Mr. Woolston to recommend approval. The motion carried 8 ayes, 0 nays. The Final Plat of Morningside Estates, Part 11 was recommended for approval subject to the exceptions listed in City Engineer's Memorandum dated September 6, 1983, marked Exhibit B and attached hereto. The motion for approval was made by Mr. Nutt and seconded by Mr. Woolston. The motion carried 8 ayes, 0 nays. The Replat of Lots 7, 8, 9 and 10, Block 8, Westside Addition was recommended for approval on a motion by Mr. Woolston, seconded by Mrs. Johnson subject to the exceptions listed in City Engineer's Memorandum dated September 6, 1983, marked Exhibit C and attached hereto. The motion carried 8 ayes, 0 nays. The Final Plat of Lamesa Heights Addition No. 4 was recommended for approval on a motion by Mr. Nutt, seconded by Mrs. Johnson subject to the exceptions listed in City Engineer's Memorandum dated September 6, 1983, marked Exhibit P and attached hereto. The motion carried 8 ayes, 0 nays. The Final Plat of The Meadows - Part 1 was tabled on a motion by Mr. McMonigle, seconded by Mr. Davidson pending more substantial completion of the required improvements. The motion carried 8 ayes, 0 nays. The Preliminary Plat of North Park No. 4 was tabled on a motion by Mr. Davidson, seconded by Mr. Nutt due to in incompleteness of the plat as presented. The motion carried 8 ayes, 0 nays. The Preliminary Plat of West Gate subdivision was approved on a motion by Mr. Davidson, seconded by Mr. Hildreth subject to the exceptions listed in City Engineer's Memorandum dated September 6, 1980, marked Exhihit E and attached hereto. The motion carried 8 a,/es, 0 nays. N 1. V The Commission requested some response from the Council on recent requests which they had made concerning a Council - Commission Committee to study the zoning ordinance relative to dog - kennels and body shop locations and a re- commendation to change the zoning ordinance to require hard surface for off street parking instead of the present all weather surfacing which permits gravel or rock. Mr. McCollum said he would advise the City Manager of this request. There being no further business to consider, the meeting was adjourned. e N. McCollum 5 cretary -ex officio i L MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 13, 1983 The City Council of the City of Paris met in special session, Tuesday, September 13, 1983, 5:15 P.M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, Gene McWaters, Jr., and George Fisher. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the meeting was called for the purpose of holding a public hearing on the proposed budget for the fiscal year commencing October 1, 1983. Mayor Graham declared the public hearing open and called for participa- tion from those in the audience. No one appeared before the Council and the public hearing was declared closed. Mayor Graham invited discussion of the insurance program with Agents currently providing coverage who were present. Those present were Mr. Robert Pierson, Mr. Bob Norment, Mr. David Kennemer. Information was furnished the Council concerning a $1,000,000.00 umbrella coverage on liability insurance. A motion was made by Councilman Wilson, seconded by Councilman Fisher to table the consideration of approval of the Rolling Hills Division outside the city limits. Mr. Mark Jones appeared before the Council. After further discussion, a motion was made by Councilman Wilson, seconded by Councilman McWaters to table the matter again. The motion carried 6 ayes, 0 nays. Mayor Graham called for the reading of an Ordinance adopting a budget P or the fiscal year beginning October 1, 1983. ORDINANCE NO. 83 -058 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, 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 THERE- WITH. was presented. A motion was made by Councilman Hoog, seconded by Councilman Bell for approval of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham announced that nominations were in order forTemporary Mayor Pro Tem to replace Ex- councilman Walter Williams, resigned. Councilman McWaters nominated Councilman Fisher. The nomination was seconded by Councilman 1 y, and Councilman Fisher was elected Hoog and carried unanimous Temporary Mayor Pro Tem. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK r-- JOE GRAHAM, MAYOR MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 19, 1983 The City Council of the City of Paris met in special session, Monday, September 19, 1983, 7:00 P.M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, and Gene McWaters. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of receiving information bearing on the issuance of aeronautical and activity permits to Jimmy Wrenn to pilot training and agricultural operations. Mr. Jerry Lovett, Attorney, representing Jimmy Wrenn appeared before the Council, and was joined by Jimmy Wrenn. Mr. Wrenn answered questions of Mr. Lovett's as follows: Concerning the Richard Biard threat, Mr. Wrenn knows nothing about it; concerning the assault on James P. England, Mr. Wrenn stated that there were no significant difference from transcript that was made; On the allegation concerning Jesse Wintermute, Wrenn stated that he gave demonstration of the plane that Mr. Wintermute was about to purchase, as to it's capabilities at the request of Mr. Wintermute; Mr. Wrenn gave an explanation of the possession of the Kristina Cambell aircraft; Mr. Lovett questioned Mr. Wrenn on several other items concerning traffic patterns. Mr. Lovett presented health certificates from Dr. Lawrence Mann stating that Mr. Wrenn was capable physically and mentally for pilot license. Mayor Graham announced that the next order of business would consid- eration of an action on initiating appropriate action to force compli- ance of the se- called "Rolling Hills Subdivision" with State Law. Mr. Mark Jones appeared before the Council as promoter of the subdivi- sion and stated that annexation process had begun for annexation into the city of Reno. City Attorney Haynes requested Mr. Jones to furnish the City with all Reno's actions concerning the annexation. Resolution No. 83 -064 resolving that in order to fulfill the require- ments of Section 2.01(c) of the Bylaws of the Issuer, the issuance of the Bonds by the Issuer is hereby approved and the City of Paris, Texas shall have no liability for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds was presented. A motion was made by Councilman Hoog, seconded by Councilman Bell for adoption of the Resolution. The motion carried 4 ayes, 0 nays. _ RESULUTION W 83-064 RESOLUTION r-7 APPROVIrG THE ISSUANCE OF THE PARIS HEALTH FACIETTIES DEV&i&:MENT CORPORATION NEVENUE BONDS, SERIES 1983 (XcCUTSTICN RRGT�NAL MEDICAL CENTER PROJECT) 1� THE PRIN&I pi, ATT! NT B& $1 750,Gorl WHEREAS, the City c: Paris, Te=s, approvad the creation of the Paris Foa>h Fa c i I i t ie s Dcve 1 opmen t Corporation pursuant f 0 Article 1528j, V.A.T.C,S a amended; an(, 1,7111 "1 "] -:i „,, � t h o Paris Hea I th Facilities iwvulo,ont Corporation (the "Issuer”) intends to issue its ReMnUC2 Bonds, Series 1983 (McCuistion Regional Medical Cent,r Project) in the principal amount of $1,750,000 (th(-� "Bonds") . thu proceeds of which are to be loaned to L. P. McCuistion Community Hospital, Inc. D / 13 / A MC C L I i S t i 0 11 Regional Medical Center; and Whereas, Section 2.01 (c) of the Bylaws of the Issuer provides that if the City of Paris, Texas does not approve the issuance of bond c, then bonds shall not be issued by the Issuer. =1 THFREFORE, BE IT RESOLVED BY T1U2 CITY COUNCIL OF THE CITY OF PARIS, TEXAS: That ill order to fulfill- the requirements of Section 2.01 (c) Of the Bylaws of the Fssupr, the issuance of the Bcnds' 11:�y is !;ureby and the ciL_y Paris, Texas sh"l have nu liability �uu the payment ():- of th�� BQwds nor shaii any of its assets be pledged to the payment of the Bonds. Pasn,d "IC adopni (04 jo;h daY of Scycember, 1921. �-' Mayor ATTEST: /QT cZ;/4r C-49n� City Ir, A, City Clem APP_ OVER 0 FORM: 'nes, City t rorneY 1. Mayor Graham called for the reading of an Ordinance to commence annexation proceeding on "The Meadows ". ORDINANCE NO. 83 -059 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 McWaters, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 4 ayes, 0 nays. Mayor Graham announced that nominations were in order for election of a Mayor Pro Tem. Councilman McWaters nominated Councilman Fisher, and was seconded by Councilman Hoog. The motion carried 4 ayes, 0 nays. Mayor Graham announced that nominations were in order for the replace- ment of Councilman Williams on the Board of Directors of Executive Committee of the Ark -Tex Council of Governments. A motion was made by Councilman Bell, seconded by Councilman McWaters to nominate and elect Councilman Hoog as representative to the Ark -Tex Council of Governments. The motion carried 4 ayes, 0 nays. Mayor Graham announced that the City would go into executive session to discuss legal and personnel matters, and the regular session was de- clared closed, and the executive session open. Discussion was had on legal and personnel matters. Mayor Graham declared the executive session closed and the regular session open. There being no further business, the meeting; adjourned. JOE GRAHAM, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 22, 1983 The City Council of the City of Paris met in special session, Thursday, September 22, 1983,5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Donald G. Wilson, Jene McWaters, Jr., .Jeff Hoog, and George Fisher. Also present were City Manager Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the special meeting was called for the purpose of agreeing to a proposal between the Attorney General and the City of Paris concerning the City's Landfill. City Manager Doty and Mayor Graham advised the Council of a conference on September 15, 1983 with Mr. Jack Carmichael of the State Department of Health, of a representative from the Attorney General's Department and Attorney representing Dr. Richard Swint. Agreement was made con- cerning closing the landfill on September 23, 1983, and the agreement on an extension of time on final dirt cover for the landfill to January 1, 1985. After discussion, a motion was made by Councilman Bell, seconded by Councilman McWaters approving the proposal made by the Mayor, City Manager, and Staff at the meeting held on September 15, 1983 in Austin with the Department of Health and Attorney General's Department. The motion carried 6 ayes, 0 nays. r.. City Attorney Haynes advised the Council that the City of Blossom, Texas had requested that the City be required to keep the landfill open for the benefit of the citizens of Blossom and Lamar County before District Judge Henry Braswell, and that Judge Braswell had ordered the landfill open until Monday September 26, 1983. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR ATTEST: H. C. GREENE, CITY CLERK f MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 26, 1983 The City Council of the City of Paris met in special session, Monday, September 26, 1983, 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, Jene McWaters, Jr., and George Fisher. Also present were City Manager Daivd H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced the first order of business would be consid- eration of action on remaining in the Texas Municipal League Worker's Compensation Joint Self Insured Fund. City Manager Doty explained there was an option to join an Insurance Fund promoted by the Texas Employers Group Association. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Bell to remain in the Texas Municipal League Worker's Compensation Joint Self Insured Fund. The motion carried 6 ayes, 0 nays. Mayor Graham requested consideration of an Ordinance adding employees of Paris and Lamar County Health Department to the City of Paris Texas Municipal Retirement System Program. ORDINANCE NO 83 -060 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIRE- MENT SYSTEM BY THE PARIS -LAMAR COUNTY HEALTH UNIT ACTING AS THE HEALTH DEPARTMENT OF THE CITY OF PARIS, PARIS, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1983. was presented. A motion was made by Councilman Fisher, seconded by Councilman McWaters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. City Manager requested approval of an agreement with Campbell Soup Company for replacement of their water meter at an estimated cost of $20,000.00 installed. Campbell Soup Company proposed City provide for 50% of the total purchase and installation cost. After discussion, a motion was made by Councilman Bell, seconded by Councilman Hoog approv- ing the proposal. The motion carried 6 ayes, 0 nays. City Manager Doty recommended delaying taking bids on the sale of certain city land in the vicinity of the Airport pending a report from the State Department of Highways and Public Transportation concerning the exchange of property. A motion was made by Councilman Fisher, seconded by Councilman Hoog to table the taking of bids on the sale of property. The motion carried 6 ayes, 0 nays. Director of Finance, H. C. Greene presented the 1983 Tax Roll and recommended approval. A motion was made by Councilman Bell, seconded by Councilman Wilson approving the 1983 Tax Roll. The motion carried 6 ayes, 0 nays. City Manager Doty advised the need for a user service charge for solid waste disposal and collection. Prior to any action on this matter, the Mayor declared the City Council would go into executive session, and the regular session was declared closed. Legal matters were discussed. The executive session was declared closed, and the regular session open. A motion was made by Councilman Bell, seconded by Councilman Fisher instructing the staff to prepare an Ordinance for User Service Charges for Solid Waste Disposal and Collection. The motion carried 6 ayes, 0 nays. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL. MEETING OF THE CITY COUNCIL October 3, 1983 The City Council of the City of Paris met in special session, Monday, October 3, 1983, 5:15 P.M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, Gene McWaters, Jr., and George Fisher. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mr. Robert Hutchison of the ORFA Corporation of America appeared before the Council and discussed solid waste processes offered by his firm. Mr. Hutchison was invited back at a future date to more fully discuss processes and techniques concerning solid waste processes. Mayor Graham requested the Council's consideration of an Ordinance setting a solid waste rate fee. ORDINANCE NO. 83 -061 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, ABE AMENDED BY REVISING ARTICLE IV OF CHAPTER 14 OF SAID CODE; ESTABLISHING A SOLID WASTE SERVICE FEE AND SETTING THE RATE THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF October 3, 1983. was presented. A motion was made by Councilman McWaters, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham announced that the Council would go into executive session to discuss legal matters with the City Attorney, and the regular session was declared closed, and the executive session open. The Council discussed legal matters with the City Attorney and City Manager. Mayor Graham declared the executive session closed and the regular session open. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 6, 1983 The City Council of the City of Paris met in special session, Thursday, October 6, 1983, 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, and Gene McWaters, Jr. Also present were City Manager David H. Doty, and City Clerk, H. C. Greene. 9v Mayor stated that the special Council meeting was called for the purpose of receiving bids for Solid Waste Collection Equipment. Mayor Graham called for tabulation of bids and the following bids were presented: UNIT MEETS BIDDER SPECS. TYPE LOAN TRUCK Pak -Mor Mfg. Co. yes Pak -Mor Yes- $55.day for 5 days week each truck Davis Truck & yes Heil yes Equipment Co., Inc. Gunbelt Invironmental Systems Inc. Invironmental Sales & Services yes Dempster no yes Leach yes Invironmental no Leach yes Sales & Services Industrial Disposal no E -ZPack no Supply Company DELIVERY TIME COST 90 to 120 days $136,565. 120 days $160,000. 60 days $156,000. 150 days $176,518. 70 days $164,167. 15 days $149,249. After discussion, a motion was made by Councilman Bell, seconded by Councilman McWaters to award the bid to Pak -Mor Mfg. Company in the amount of $136,565.00 plus $55.00 per day rental for each of two trucks with a maximum rental of $9,450.00. The motion carried 5 ayes, 0 nays. City Manager Doty requested the Council's consideration of an Ordinance repealing Article 3 of Chapter 14 of the Code of Ordinances. ORDINANCE NO. 83 -062 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE REPEAL OF ARTICLE III OF CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, AND DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 6, 1983. 4 r was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 5 ayes, 0 nays. Mayor Graham announced that the Council would go into executive session to discuss personnel matters, The regular session was declared closed, and the executive session open. Discussion was had on personnel matters. The executive session was declared closed, and the regular session open. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 12, 1983 The City Council of the City of Paris met in special session, Wednesday, October 12, 1983, 5:15 P. M. Mayor Graham called the meeting to order wit the following Councilmen present: Jeff Hoog, Donald G. Wilson, and Gene McWaters, Jr. Also present were City Manager David H. Doty, and City Clerk, H. C. Greene. Mayor Graham announced that the special Council meeting was called for the purpose of selecting a member for the Board of Directors of the Lamar County Appraisal District. Resolution No. 83 -065 nominating James Wilkins to the Board of Directors of the Lamar County Appraisal District was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Resolution. The motion carried 4 ayes, 0 nays. RESOLUTION NO. 83VQW WHEREAS, the City Council of the City of Paris has been notified by the County Clerk of Lamar County that nomina- tions are in order for five (5) members for the Board of Directors of the Lamar County Appraisal District; and, WHEREAS, the City Council of the City of Paris desires to nominate James Wilkins; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that James Wilkins, be, and he is hereby nominated for membership on the Board of directors of the Lamar County Appraisal District; and, BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris is directed to deliver a certified copy of this resolution to Margaret Coplin, County Clerk of Lamar County in order that this nomination may be entered in the Lamar County Records. Passed and adopted this 12th day of October, 1983. C Graham, Mayor ATTEST: i C. Gr6ene, City Clerk APPROVED AS TO FORM: 1. aynes, ity Attorney Mayor Graham requested the Council's consideration of bids received for a riding lawn mower for the Parks and Recreation Department, and the following bids were presented: Goldthwaites of Texas (Dallas) $5,850.00 Paris Implement (Paris) no Bid Received Watson Distributing Co. (Irving) $5,800.00 Menasco Lawn Equipment (Paris) no Bid Received A motion was made by Councilman McWaters, seconded by Councilman Hoog to award the bid to the lowest bidder that being Watson Distributing Company in the amount of $5,800.00. The motion carried 4 ayes, 0 nays. Mayor Graham stated that the Council would go into executive session to discuss personnel matters, and the regular session was declared closed and the executive session open. Personnel matters were discussed. The executive session was declared closed, and the regular session open. There being no further business, the meeting adjourned. ATTEST: H.C. GREENE, CITY CLERK 11 JOE GRAHAM, MAYOR, CITY OF PARIS -I d i� MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL October 17, 1983 The City Council of the City of Paris met in regular session, Monday, October 17, 1983, 7:00 P.M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, ri, Jr., Nathan J. Bell, Jeff Hoog, and George Fisher. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Dick Atkinson. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mr. Jack Chambless, 3395 Bonham Street, appeared before the Council requesting that the Street running off Bonham by his home be paved or oiled. Mr. Brandon Chaney representing the Jaycees appeared before the Council and discussed a proposed Community Building for Wade Park. Director of Community Development, Joe McCollum, presented minutes and reports, and recommendations from the Planning Zoning Commission. Councilman Fisher made a motion that minutes of the Special Meeting of the Planning and Zoning Commission dated September 19, 1983, and minutes of the Regular Planning and Zoning meeting October 3, 1983, and the Planning and Zoning Commission report and recommendation dated October 7, 1983 be received and filed for the record. The motion was seconded by Councilman Wilson, and carried 6 ayes, 0 nays. Minutes of the Planning and Zoning Commission are shown as Exhibit A attached hereto. Mayor Graham declared the public hearing open on the petition of Edd Allen for a change in zoning from a One Family Dwelling District No. 2 to a Commercial District (C) on Lots 19 and 20, City Block 203 located on the southwest corner of Bonham Street and 23rd S. W. Mayor Graham called for proponents to appear and Mr. Allen appeared in his behalf of his petition. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -063 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOTS 19 AND 20, CITY BLOCK 203, ON PROPERTY BELONGING TO EDD ALLEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED. was presented. A motion was made by Councilman Wilson, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Jerry Boone for a change in zoning from a Two Family Dwelling District (2F) to a One Family Dwelling District No. 3 (SF -3 and Specific Use Permit- - Mobile Home (39) on Lot 8, City Block 70 located at 528 11th N. E. Mayor Graham called for proponents to appear and James Boone, Elbert Desmon, and Foster Stone appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and none appeared. City Attorney Haynes presented an Ordinance for the change in zoning. Discussion was had on the present zoning for the entire area. After discussion, a motion was made by Councilman Bell, seconded by Councilman Hoog to table action on the Ordinance and refer back to the Planning and Zoning Commission for SF -3 Zoning. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Dwight Davis for a change in zoning from a One Family Dwelling District No 2 (SF -2) to an Office District (0) on lot 9, City Block 220 -B, located on the northeast corner of 20th N. E. and E. Price Street. Mayor Graham called for proponents to appear and Gary Davis appeared in behalf of the petitioner. Mayor Graham called for opponents to appear and none appeared and ORDINANCE NO 83 -064 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 OFFICE DISTRICT (0) ON LOT 9, CITY BLOCK 220 -G, ON PROPERTY BELONGING TO DWIGHT DAVIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. Discussion was had on right of way on 20th Street N. E. side of the property. Mr. Davis was in agreement to dedicate right of way. A motion was made by Councilman McWaters, seconded by Councilman Hoog for adoption of the Ordinance subject to right of way dedication to the City. The motion carried 6 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of Garry Davis for a change in zoning from a Two Family Dwelling District (2F) to a Multi- Family District No. 1 (MF -1) on Lots 1 and 2, Block 6, Gibbons Park Addition located on the southwest corner of Cedar Street and 8th S. E. .4. .Dili 1 Ii _� _ � Ili �,� iINII, a if City Attorney Haynes recommended that the public hearing be held and recommended to table the matter. Mayor Graham called for proponents to appear and Mr. Gary Davis appeared in his behalf. Mayor Graham called for opponents to appear and Mrs. William Eudy, Mrs. Viola Armstrong, Mrs. Florence Chiles, and Mrs. Mary Miers appeared before the Council in opposition. Mayor Graham declared the public hearing closed. A motion was made by Councilman Wilson, seconded by Councilman McWaters to table action on the petition. The motion carried 6 ayes, 0 nays. Mayor declared the public hearing open on the proposition of annexation and appropriate zoning of 19.607 acre tract of land proposed for devel- opment "The Meadows" subdivision located at the north end of 42nd S. E. Mr. Richard Babb Engineer appeared before the Council in behalf of the property owners. Mayor Graham called for opponents to appear, and none appeared. Mayor Graham stated that the public hearing was closed and no action was required on the annexation proceeding. Mayor Graham declared the public hearing open on the petition of John Madewell for a change in zoning from a Planned Development Office District to an Office District on Lots 24 and 24 -A, City Block 249 located at 3030 and 3040 Lamar Avenue. It was explained that the Planning and Zoning Commission chose not to recommend approval or denial of this requested amendment, but voted 5 to 1 to forward the matter to the City Council with no recommendations. A motion was made by Councilman Fisher, seconded by Councilman McWaters to table the matter. The motion carried 6 ayes, 0 nays. Director of Community'Development, Joe McCollum, presented a final plat of Morningside Estates - Part 12. Tom Pine, City Engineer appeared before the Council and discussed Street Construction and reliability of the concrete street of 42nd S. E. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Hoog to approve the final plat subject to the recommendations of the Planning and Zoning Commis- sion, and subject to the requirements of the City Engineer, and subject to the furnishing of a 3 year warranty on the streets being dedicated on the final plat. The motion carried 6 ayes, 0 nays. Mr. McCollum presented the final plat of the Meadows - Part 1. A motion was made by Councilman McWaters, seconded by Councilman Bell approval of the final plat subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mr. McCollum presented a replat of Lots 4, 4A, 4B, and 4C, City Block 54. A motion was made by Councilman Bell, seconded by Councilman McWaters approving the replat. The motion carried 5 ayes, 1 nay Councilman Fisher voting nay. Mr McCollum presented the replat of part of Block 12, Mayer Addition. A motion was made by Councilman McWaters, seconded by Councilman Hoog approving the replat subject to a five right of way dedication on the west side of 30th S. W., and subject to the requirements of the City Engineer. The motion carried 5 ayes, 1 nay, Councilman Fisher voting nay. Mr. McCollum presented the replat of Lots 2 -A, 3, and 4, Block 7 of the Mayer Addition. A motion was made by Councilman McWaters, seconded by Councilman Wilson approving the replat subject to recommendations of the Planning and Zoning Commission. The motion carried 5 ayes, 1 nay, Councilman Fisher voting nay. Mr. McCollum presented the plat of Lots 6, City Block 219. A motion was made by Councilman Wilson, seconded by Councilman McWaters approving the replat subject to the recommendations of the Planning and Zoning Commis - sion. The motion carried 5 ayes, 1 nay, Councilman Fisher voting nay. Mayor Graham requested discussion by the Council of the preliminary plat of the Windsor Estates. Councilman Bell asked to be excused because of conflict of interest. A motion was made by Councilman Hoog, seconded by Councilman McWaters to excuse Councilman Bell. The motion carried 5 ayes, 0 nays, and Council- man Bell departed the Council Chambers. Discussion was had on the Windsor Estates with City Engineer, Tom Pine. After discussion, Councilman Bell returned to the chambers and assumed his chair at the Council table. City Attorney Haynes presented the following petitions for rezoning: D. Wayne Brown from A. District to MF -1 District; Gary Nash from Single Family -2 District to Planned Development b, Community Unit Development District, South 250' of Lot 18 A & 19, City Block 249, City of Paris; Eddie Vincent from SF -3 District to MF -1 District, Lots 17, 18, 19, Block A, Lots 41, 42, 43, Block B of the Windsor Estates Subdivision. Mayor Graham referred the petitions to the Planning and Zoning Commis- sion for their recommendations and called for a public hearing at the next regular Council meeting. Discussion was had on the extension of Sanitary Sewer facilities for the McFadden -Leach properties. City Attorney Haynes, and City Engineer Tom Pine discussed the matter with the Council and conveyed to the Council the demands and /or requests of the property owners concerning the construction of a sewer line across their properties. After discussion, • motion was made by Councilman Fisher, seconded by Councilman Hoog that • formal agreement be drawn up with the property owners and the City of Paris. The motion carried 6 ayes, 0 nays. t IF1 i'. l Mayor Graham requested the Council's consideration of an Ordinance for Flood Plain Management. Mr. McCollum explained the need for the Ordi- nance. Councilman Fisher departed the Council Chambers. ORDINANCE NO. 83 -065 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS BE AMENDED BY ADDING APPENDIX B -1 TO SAID CODE; PROVIDING FOR FLOOD DAMAGE PREVENTION; PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1983. was presented. A motion was made by Councilman Wilson, seconded by Councilman Hoog for adoption of the Ordinance. The motion carried 5 ayes, 0 nays. City Manager Doty presented a request for water service for Bill Golden at the corner of F.M. 195 and Elk Hollow Road. The service to be furnished by the Lamar County Supply Corporation. A motion was made by Councilman McWaters, seconded by Councilman Wilson approving the re- quest. The motion carried 5 ayes, 0 nays. City Manager Doty requested Councils guidance on a policy concerning pickup of dead animals on private property. A motion was made by Councilman Bell, seconded by Councilman Hoog to no longer pickup dead animals on private property. The motion carried 5 ayes, 0 nays. Mayor Graham called for the tabulations of bids for an automobile for the Utility Department, and the following bids were presented: COMPANY DELIVERY DATE YEAR MODEL TOTAL BID PRICE Bill Booth Motors, Inc. 120 days 1984 $ 9,324.97 Paris, Texas David Glass Motors, Inc. 45 days 1984 $10,463.43 Paris, Texas Bob McDougall Oldsmobile 11/9/83 1984 $10,021.72 Councilman Wilson made a motion that bid received for automobile for the Utility Department at a public bid opening October 12, 1983 be spread on the record that in as much that all bids exceeded the fund available for the purchase of such item that all bids be rejected. Councilman McWaters seconded the motion, and the motion carried 5 ayes, 0 nays. J City Manager Doty requested the Council to set a date for a Special Meeting with representatives of the Texas Department of Water Resources. MayorGraham called for a Special Meeting on October 24, 1983, 7:00 P. M. as requested. Mayor Graham also called for a Special Meeting for the purpose of annexation proceedings for November 7, 1983, 5:15 P. M. Mayor Graham also advised that to be considered at the Special meeting on November 7th modifications of the Building, Plumbing and Fire Code, and a joint meeting with the Airport Advisory Committee. Resolution 83 -066 authorizing and directing the Mayor to execute on behalfof the City of Paris a contract with Barney Bray III DBA B & B Equipment Company for landfill services was presented. A motion was made by Councilman Wilson, seconded by Councilman McWaters for adoption of the Resolution. The motion carried 5 ayes, 0 nays. is LI RESOLUTION NO. 83 -066 1 WIIEI,,EAS , the City Council of the City of Paris in keeping with its commitment to make every effort available to comply with the Texas Department of Health's requirements enumerated in its letter of February 11, 1983, did hereto- fore negotiate the perimeters of a contract for landfill services with Barney Bray, III, dba, B & B Equipment Company, Paris, Texas; and, WHEREAS, upon the occasion of the closing of the City of Paris Sanitary Landfill as a result of court action, the City Council deems it to be in the best interest of the Citizens of Paris to contract with Barney Bray, III, dba, B & B Equipment Company to provide landfill services upon the terms and conditions set out in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Joe Graham, Mayor, be, and he is hereby au- thorized and directed to execute on behalf of the City of Paris, the contract with Barney, Bray III, dba B & B Equip- ment Company in the form of Exhibit A attached hereto, for landfill services. Passed and adopted this 17th day of October, 1983. 9 J.e Gra am, Mayor ATTEST: H. C. Gr.ene, City 1 C er APPROVED AS 0 FORM: T. K. aynes, City Attorney cu EXHIBIT "A" `)TATE OF TE :i %-S § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAT•'A!), c That, the City of Paris, Paris, Texas, a municipal corporation, acting by and through its Mayor, Joe Graham, duly authorized, hereinafter called CITY and Barney Bray, III, dba B & B Equipment Co., hereinafter called BRAY do hereby contract and agree as follows: 1. The primary term of the contract will be five (5) years, beginning on the 1st day of October, 1983 and ending on the 30th day of September, 1988. City is hereby given an option for rin additional five years upon the same terms and conditions subject only to price increases justified by the increase of the Consumer Price Index for All Urban Consumers, U.S. City Average as established by the Bureau of Labor Stati_:ti.cr:, U.S. Department of Labor herein after referred to ris City's solid waste contained in compactor trucks will be received at BRAY'S landfill and will be handled in accordance with the laws of the State of Texas. 3. Bray will maintain his permitted landfill in accordance with the laws of the State of Texas. 4. BRAY will receive only rubbish and waste that are permitted in a Type I landfill. No toxic or dangerous chemicals will be accepted. 5. Bray to receive City of Paris compactor trucks E; drlvs wee }; froi:l 7 a.m. to 5 p.m. with the excep- t 1 on of New Yejjr:: Uav, Juiv 4, Thanksgiving Day and C11ristmas Dov. b. BIB ":`r' <. ;recs to recri�e it !'is 'Midfill solid waste in City's compactor -:rucks for a fee of $2.50 per cubic yard I 1. I it cl t h:inc, 1 i . ;il' l' i' 'n acco-,.dance ',v Lt }1 the laws of _ -Le State o! Texas. ?. Ci t y m :iy i)rw.,ide ri I rarls1-(, r - ;tat ion for the use c11 City citizens ani FI'1,Y will service the same as hereinafter provided. 8. BRAY agrees to furnish 42 yard compactor boxes and 40 yard open top hog :cs to be used at the City's receiving; and compacting station, in the event that such is construct- ed and permitted, and to haul such loaded boxes to his landfill at a cost of $150 per load for five loads per day or less. In the event City's daily load level reaches six (6) then the charge per load would be decreased by 5 %. 9. BRAY will furnish two compactor boxes and four open top boxer for use at CITY'S Transfer. Station. 10. in the event CITY places in operation a receiving station it will be responsible for the placing of compactor boxes into the compactor and removing same when full. CITY is additionally responsible for tarping of open top boxes when the same have been filled to the decree that the City desires to fill the same. Such tarping to be in accordance with the laws of the State of Texas. 11. In the event CITY constructs a receiving station. and Incorporates therein a compactor that compacts the boxes to the degree that they will not self dump, City will pay per month the amount which will amortize the additional cost of ejection pecking boxes over the remaining life of the primary term or :)ny extension thereof upon which there is mut ii:il q- ,,rcement . In addi t ion ro the principal amortization herein provided for, BRAY shall be entitled to interest on the unpaid amortized principal balance at the rate of Lamar County prime, established by LiPpyty National Bank in Paris, Paris, Texas. y , 12. All prices contracted for will remain firm through September 30, 1984. In the event, that the C. P. I. in July of 1984 or any year thereafter during the term of this contract or any extension hereof increases above the previ- ous July rate then the fees herein provided for shall be increased by the same percent; however, in the event of a decrease such fees will remain at the last established level. 13. Consistent with State of Texas law and the Charter of the City of Paris BRAY agrees to purchase surplus City landfill equipment at appraised retail value by a method agreeable to City and BRAY. 14. City has the right to unilaterally terminate this agreement at any time. In the event of City's unilateral termination of this agreement during the primary term hereof, the City is bound to pay to BRAY the actual cost of equipment as the same appears on Exhibit "A" attached hereto and made a part hereof for all legal purposes divided by 72 multiplied by the months remaining in the primary term rounded to the nearest full month. Executed this 17th day of October, 1983. ATTEST: Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS, PARIS, TEXAS BY: Joe Graham, Mayor Barney Bray, III Resolution No 83 -067 authorizing and directing the Mayor to execute on behalf of 'the City of Paris a contract for inpatient ambulance transportation with L. P. McCuistion Community Hospital, Inc. and with St. Joseph's Hospital, Inc. was presented. A motion was made by Councilman Wilson, seconded by Council -man Bell for adoption of the Resolution. The motion carried 5 ayes, 0 nays. KESOLUTION NO. 83 -067 WHEREAS, the City Council of the City of Paris is aware of the fact that the collection rate for inpatient transfer service conducted by the Paris and Lamar County Ambulance Service has been approximately 80 %; and, WHEREAS, due to Medicare Part B Ambulance Medicare Newsletter No. 24, we have become aware of the fact that Medicare excludes from its coverage all items supplies and services furnished to an inpatient other than physicians services that are not directly furnished by the Hospital or by others on the Hospital's behalf. Therefore, ambulance services to inpatient's of a Hospital must be billed directly to the Hospital; and, WHEREAS, it becomes appropriate for the City of Paris as an ambulance provider to contract directly with hospitals for inpatient ambulance transportation in the form of Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris contracts for inpatient ambu- lance transportation with L. P. McCuistion Community Hospital, Inc. and with St. Joseph's Hospital, Inc. upon the terms and conditions contained in Exhibit A and B. Passed and adopted this 17th day of October, 1983. gTode—Gra am, Mayor ATTEST: H. ' C . Gr ene , City C er ____ APPROVED AS TO ORM: 40 , K. Haynes, City Attorney L. CITY Ot� PAk 1 , I'AR 1 , TF,"A' ATTEST: H. C. Greene, City C er APPROVED AS TO FORM: T. K. Haynes, City Attorney L. P. MCCUIS'CION CUI,iIviUNJ;Ti HOSPITAL, INC. J1 ATTEST: EXHIBIT "A" u ` STATE OF TEXAS § KNOW ALL IIEN BY THESE PRESENTS: COUNTY OF L �'1AR § That, the City of P,iris, Paris, Texas, a municipal corporation acting by and through its Mayor, Joe Graham, duly authorized, hereinc.fter cai Ird CITY and L. P. ^IcCuisLion Community Ii,,spit'iI, I called HOSPITAL do hereby contract <in,I ,,s 1 ol1_c,G. � 1 . UITY agrees to j !li nI :;h i, pat i c rt transfer -'e vi of patients from HOSPITAL to place o` ?..r_eatment and rc,turc, to HOSPITAL at HOSPITAL's request:. 2. CITY will bill HOSPITAL at the customary rate from transport and supplies with HOSPITAL being entitled to 201 discount if paid within 15 days of billing date. In the event HOSPITAL has not paid bill within 30 days of billing date, 100% of bill will accrue interest at the statutory limit. It is mutually agreed that either party can unilaterally terminate this contract after having given 30 days written notice to the other party. E-;ecuted this 17th day, of October, 1983. CITY Ot� PAk 1 , I'AR 1 , TF,"A' ATTEST: H. C. Greene, City C er APPROVED AS TO FORM: T. K. Haynes, City Attorney L. P. MCCUIS'CION CUI,iIviUNJ;Ti HOSPITAL, INC. J1 ATTEST: }^ i EXHIBIT "B" '? STATE OF TEXAS § KNOW ALL ME14 BY THESE PRESENTS: COUNTY OF LAriAR § That, the City of Paris, Paris, Texas, a municipal corporation acting by and through its Mayor, Joe Graham, duly authorized, hereinafter called CITY and St. Joseph's Hospital, Inc., Paris, Texas, hereinafter called HOSPITAL do I hereby contract and agree as follows: 1. CITY agrees to furnish inpatient transfer service of patients from HOSPITAL to place of treatment and return to HOSPITAL at HOSPITAL's request. 2. CITY will bill HOSPITAL at the customary rate from transport and supplies with HOSPITAL being entitled to 20% discount if paid within 15 days of billing date. In the event HOSPITAL has not paid bill_ within 30 days of billing date, 100% of bill will accrue interest at the statutory limit. It is mutually agreed that either party can unilaterally terminate this contract after having given 30 days written notice to the other party. Executed this 17th day of October, 1983. ATTEST: Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ATTEST: tic'c�'etary CITY OF PARIS, PARIS, TEXAS n 41-,� BY: oe Gra am, Mayor ST. JOSEPH'S HOSPITAL, INC., PARIS, 'TEXAS By resident N � R, s 1 •� �µ d i - City Manager Doty requested authorization to proceed with drawing up a contract with Underground Resource Management Inc., relating to closing the landfill, and authorizing the firm to schedule and start work while negotiations on finalization of a contract which would be submitted to the City for its approval on its regular meeting on November 14, 1983. After discussion, a motion was made by Councilman Bell, seconded by Councilman McWaters approving the request of the City Manager. The motion carried 5 ayes, 0 nays. I Mayor Graham announced that the City Council would go into executive session, for discussion of legal matters with the City Attorney, and the regular session was declared closed, and the executive session open. Legal matters were discussed with the City Attorney. The executive session was declared closed and the regular session open. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK JOE GRAHAM, MAYOR, CITY OF PARIS __1 f AGENDA 1 i 71A MINUTES REGULAR MEETING 1� (l PLANNING AND ZONING COMMISSION r MONDAY, OCTOBER 3, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY IIALI.. PARIS, TEXAS The Planning and Zoning Commission met in regular session Monday, October 3, 1983 at 7:00 P.M. with the following members present: 1. Freddie Swaim - Chairman 4. Bruce McMonigle 2. Ozzie Battle 5. Ronnie Nutt 3. Bill Davidson 6. Skip Steely ' City Staff members present were Tom Pine, City Engineer and Joe McCollum, Director of Community Development. Chairman Swaim called the meeting to order and the minutes of previous meetings were approved as presented. Chairman Swaim declared the public hearing open on the petition of Edd Allen for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Commercial District (C) on Lots 19 and 20, City Block 203, located on the southwest corner of Bonham Street and 23rd S.W. Mr. Allen told the Commission that there has been a shop building on the corner ( for 50 years and that Mr. Gray was operating a repair garage in the building when he purchased the property for his transmission business. He said he wanted to construct a new building to be used as an auto parts store on the lot next to the shop. No one else was present to speak and the public hearing was closed. Mr. McCollum advised the Commission that the zoning on the shop building may have inadvertantly been left off the zoning map when the new one was adopted in 1964. The Commission discussed the existing land uses in the area and following discussion, Mr. Nutt made a motion to recommend approval of the change. Mrs. Battle seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim opened the public hearing on the petition of Jerry Boone for a change in zoning from a Two Family Dwelling District (2F) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit- Mobile Home (39) on Lot 8, City Block 70, located at 528 11th N.E. Mr. Boone stated his desire to place a mobile home on the lot for his residence saying that his family has been in this neighborhood for many years and that none of the adjacent owners objected to his request. Elbert Desmond was present and spoke in support of Mr. Boone. He said he owned property within 200 feet of the lot and he felt it would not harm the area to place a mobile home where a house used to be. � e There was no one present in opposition to the petition and the public hearing was closed. Mr. McCollum pointed out the nearest SF -3 zoning was approximately 400 feet away on the northside of Tudor Street. The Commission discussed the matter at length and did not object to the mobile home being placed on the lot but felt it would be contrary to the mobile home ordinance to zone one lot for this purpose. Following discussion Mr. Nutt made a motion to recommend denial of the petition. Mrs. Battle seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Dwight Davis for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to an Office District (0) on Lot 9, City Block 220 -B, located on the north- west corner of 20th N.E. and E. Price Street. Mr. Davis stated he wanted to purchase the property and remodel the existing house for use as his real estate and insurance office. He indicated that off street parking would be behind the house off E. Price Street. He also sub- mitted a petition signed by adjacent land owners indicating their support of the change. There was no one present in opposition to the request and the public hearing was closed. It was pointed out, in discussion, that the southeast corner of the intersection was zoned Commercial and there was existing Office zoning north of the Davis Lot. Following discussion a motion was made by Mr. Nutt, seconded by Mr. Davidson, to recommend approval of the petition. The motion carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Garry Davis for a change in zoning from a Two Family Dwelling District (2F) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 1 and 2, Block 6, Gibbons Park Addition located on the southwest corner of Cedar Street and 8th S.E. Mr. Davis was present and said the property, which measures 160'x 102', has one residence on it at the present time and he proposed to build a 3 unit apartment house on the remaining portion. He noted that with the two lots zoned 2F, he could construct two duplex dwellings now. Mr. William Eudy, 734 E. Oak spoke in opposition to the change and presented a petition with the signatures of 20 area residents stating they were opposed to the MF -1 zoning. Approximately 10 persons were in attendance from the area and they voiced concern that more living units would make worse, an existing problem with water and sewer service. They cited problems with overflowing sewer mains and not enough water pressure to meet their needs. Mrs. Battle made a motion to continue the public hearin; and table the request I pending a report from City Staff on the water and sewer situation in the area. Mr. Nutt seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the annexation and appropriate zoning upon annexation of a 19.607 acre tract of land proposed for development as "The Meadows" subdivision located at the north end of 42nd S.E. Mr. McCollum advised the Commission that the developers had requested the annexation and desired SF -2 zoning upon annexation. Richard Babb, engineer for the developer, spoke in favor of the annexation and SF -2 zoning. No one else was present to speak on the matter and the public hearing was closed. Following discussion, Mr. Steely made a motion to recommend the annexation and One Family Dwelling District No. 2 (SF -2) zoning upon annexation, Mr. Davidson seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim announced the next item was to consider the petition of John Madewell for a change in zoning from a Planned Development - Office (PD -f) to an Office District (0) on Lots 24 and 24 -A, City Block 249 located at 3030 and 3040 Lamar Avenue which had been tabled at the September 6, 1983 meeting. Brad Hutchison represented the petition saying that Mr. Madewell had complied with all the requirements placed on his property for Planned Development zoning but is concerned about having to come back to the Planning and Zoning Commission and City Council for hearings on every little project he may plan to do on the property. He said it is an extra burden not placed on property across the street which is in an Office District. He reminded the Commission of their earlier recommendation for Office zoning and the City Council decision to zone it Planned Development. No one else was present to speak on the matter and the Commission discussed their earlier recommendation and the reason for it. Chairman Swaim stated that Office zoning had been recommended because at the time it was felt that Mr. Madewell's child care facility would not be allowed in a PD- Office zone. Following more discussion, Mr. Steely made a motion to forward the matter to the Council with no recommendation. Mr. McMonigle seconded the motion which carried 5 ayes, 1 nay, with Mr. Nutt voting nay. Chairman Swaim announced the next item was consideration of the petition of Gene Tharp for a change in zoning from a General Retail District (GR) to a Commercial District (C) on part of Lot 1, City Block 219 located on the east side of 17th S.E., 150 feet south of Lamar Avenue which had been tabled at the July 5, 1983 meeting. r i 41' ; t Mr. 'Tharp was present and stated the property was south of his restaurant and he wanted to operate a used car lot there. He said he has discussed this.with several of his neighbors and they had no objection. There was no one else present to speak on the matter. Mr. McCollum pointed out that the immediate area along Lamar Avenue was zoned General Retail and for the most part was developed that way. He said the Cabell's operation nearby was a Commercial use but had been there for a long time. Disc' ssion followed and Mr. Steely made a motion to deny the request because it w6,s not compatible with the present zoning. Mr. McMonigle seconded the motilon which carried 6 ayes, 0 nays. a The final plat of Morningside Estates, Part 12 was recommended for approval on a motion by Mr. Nutt, seconded by Mr. Davidson, subject to the City Engineer's recommendation in Memorandum dated October 3, 1983, marked Exhibit A and attached hereto. The motion carried 6 ayes, 0 nays. The final plat of The Meadows, Part 1 was recommended for approval on'a moti;on by Mr. Davidson, seconded by Mr. Nutt. The motion carried 6 ayes, 0 nays. The Replat of 4, 4A, 4B and 4C, City Block 54 was recommended for approval on a�motion by Mr. Nutt, seconded by Mr. Steely subject to a 20' front building lineand the indication of minimum finish floor elevations for each lot. The motion carried 6 ayes, 0 nays. The Replat of part of Block 12, Mayer Addition was recommended for approval on a'notion by Mr. Nutt, seconded by Mrs. Battle, subject to the City Engineers recommendations in Memorandum dated October 3, 1983, marked Exhibit B and attached hereto. The motion carried 6 ayes, 0 nays. The Replat of Lots 2 -A, 3 and 4, Block 7, Mayer Addition was recommended for approval on a motion by Mr. Swaim, seconded by Mrs. Battle subject to the dedication of 5 feet for right of way along 30th S.W. and the indication of minimum finish floor elevations for each lot. The motion carried 6 ayes, 0 nays The �eplat of Lot 6, City Block 219 was recommended for approval on a motion by Mks. Battle, seconded by Mr. McMonigle subject to the City Engineer's recommendations in Memorandum dated October 3, 1983, marked Exhibit C and attached hereto. The motion carried 5 ayes, 1 nay with Mr. Steely voting nay. The Preliminary Plat of Liberty Estates was approved on a motion by Mr. McMonigle, seconded by Mr. Nutt subject to the recommendation of the City Engineer in Memorandum dated October 3, 1983, marked Exhibit D and attached hereto. The motion carried 6 ayes, 0 trays. With',no further business to consider, the meeting was adjourned. c Joe N. McCollum Secretary ex officio T �Y MINUTES SPECIAL MEETING PLANNING AND ZONING COMMISSION MONDAY, SEPTEMBER 19, 1983 4:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS AGENDA � i DA AGE #.._.._ �/--H - - - - -- - The Planning and Zoning Commission met in Special session Monday, September 19, 1983 at 4:00 P.M. with the following members present: I. Freddie Swaim - Chairman 2. Jacob Hildreth 3. Bruce McMonigle 4. Skip Steely 5. Dwight Woolston City Staff members present were T.K. Haynes, City Attorney, Toni Pine, City Engineer and Joe McCollum, Director of Community Development. The first item was to consider approval of the preliminary plat of Windsor Estates which had previously been discussed due to the request of the developer to use some of the existing paving, water and sewer facilities originally installed for a mobile home park development. Mr. Pine and Mr. Haynes reviewed Section XVI (B) of the Subdivision Regulations relative to suspension of rules and granting of variances. Mr. Haynes advised the Commission that in order to consider a variance to the regulations, the following must be established: 1. There are special circumstances or conditions affecting the property in question; 2. That enforcement of the ordinance provisions will deprive the applicant of a substantial property right; and 3. If the variance is granted, it will not be materially de- trimental to the public welfare or injurious to other property or property rights in the vicinity. Mr. Pine asked the Commission if they felt the proposed development met those conditions as presented. The consensus of opinion was that a suspension of the rules was in order and Chairman Swaim asked for the City Engineer's recommendation. Mr. Pine reviewed the engineering report from Richard Babb, the developer's engineer and submitted his recommendation which is attached as Exhibit A. The developer, Eddie Vincent and Mr. Babb took exception to Item I of the recommendation relative to sanitary sewer mains saying that a smoke and air test of the system would reveal any defects and that a 5 year warranty would cover City liability. Mr. Pine stated that due to the importance of the sewer system, a TV test or replacement was needed. Mr. Vincent requested that Item III be amended to allow a 2" overlay on Castlegate Drive instead of the I" he had proposed and a 1 year warranty instead of the 5 year requested. Mr. Pine agreed that the 2" overlay would greatly improve the street and he would change his recommendation as it applied to Castlegate Drive. The matter was discussed at length and following discussion. Mr. Steely made a motion to find the development meets the conditions necessary to suspend the rules and that the preliminary plat of Windsor Estates be approved subject to the recommendation's listed in City Engineer's Memorandum dated September 19, 1983, marked Exhibit A and attached hereto with amendment to require a 2" overlay and 1 year warranty on Castlegate Drive. Mr. Woolston seconded the motion which carried 5 ayes, 0 nays. The preliminary plat of North Park No. 4 was approved on a motion by Mr. Woolston, seconded by Mr. McMonigle subject to the recommendation in City Engineer's Memorandum dated September 19, 1983, marked Exhibit B and attached hereto. The motion carried 5 ayes, 0 nays. The preliminary plat of Springlake Estates, Phase IV was approved on a motion by Mr. Woolston, seconded by Mr. McMonigle, subject to the re- commendations in City Engineer's Memorandum dated September 19, 1983, marked Exhibit C and attached hereto. The motion carried 5 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. Y e N. McCollum Secretary, ex- officio r rr44.. r , The matter was discussed at length and following discussion. Mr. Steely made a motion to find the development meets the conditions necessary to suspend the rules and that the preliminary plat of Windsor Estates be approved subject to the recommendation's listed in City Engineer's Memorandum dated September 19, 1983, marked Exhibit A and attached hereto with amendment to require a 2" overlay and 1 year warranty on Castlegate Drive. Mr. Woolston seconded the motion which carried 5 ayes, 0 nays. The preliminary plat of North Park No. 4 was approved on a motion by Mr. Woolston, seconded by Mr. McMonigle subject to the recommendation in City Engineer's Memorandum dated September 19, 1983, marked Exhibit B and attached hereto. The motion carried 5 ayes, 0 nays. The preliminary plat of Springlake Estates, Phase IV was approved on a motion by Mr. Woolston, seconded by Mr. McMonigle, subject to the re- commendations in City Engineer's Memorandum dated September 19, 1983, marked Exhibit C and attached hereto. The motion carried 5 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. Y e N. McCollum Secretary, ex- officio r Y1 1 � 1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 24, 1983 The City Council of the City of Paris met in special session, Monday, October 24, 1983 5:15 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Nathan Bell, Jeff Hoog, Donald G. Wilson, Gene McWaters, Jr. Also present were City Manager David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the Council would go into executive session, and the regular meeting was declared closed, and the executive session open. Legal matters were discussed with the City Attorney. The executive session was declared closed, and the regular session open. Councilman Fisher entered the Council Chambers and assumed his seat at the Council table. Mr. David Sorrells, and Joe King, representatives of the Texas Depart- ment of Water Resources appeared before the Council and discussed possibilities with regard to the waste water treatment facility modi- fications and other aspects of the Infiltration /Inflow Program. Resolution No. 83 -068 appointing Dr.Don Black as a member of the Library Board to serve the unexpired term of Jackie Alsobrook, expiring June 30, 1985 was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Resolution. The motion carried 6 ayes, 0 nays. i i i 4 ) w t.. RESOLUTION 1U. 83 -068 WHEREAS, there exists a vacancy on the membership of the Library Advisory Board o-t the City of Paris due to the resignation of Jackie Alsobrook, and it is necessary to appoint her successor, and the Mayor of the City of Paris, Joe Graham, having appointed Dr. Don Black to serve the unexpired term of Jackie Alsobrook, which ends June 30, 1985, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Dr. Don Black, as a member of the Library Advisory Board of the City of Paris, to serve the unexpired term of Jackie Alsobrook, which ends June 30, 1985, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 24th day of October, 1983. ATTEST: H. C. Gre ne, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 01 oe Graham, Mayor ri:�!1 City Manager Doty requested approval of a contract change order on The Main Outfall Sewer Line, Phase One, with the Dual Construction Company Inc. The change order was to waive the requirement of Leakage Test and Deflection Test with no increase or decrease in the contract. A motion was made by Councilman Wilson, seconded by Councilman Fisher approving the request of the City Manager. The motion carried 6 ayes, 0 nays. !. City Manager Doty requested confirmation of a Professional Service f Agreement with Booth, Lloyd and Simmons Law Offices for legal advice and assistance for protection of City of Paris Water Rights. A motion was made by Councilman Wilson, seconded by Councilman McWaters confirming the professional agreement. The motion carried 6 ayes, 0 nays. City Attorney Haynes advised the Council that a replat on Lots 4, 4A, 4B, 4C, of City Block 54 had been approved at the regular Council meeting with a right of way of 40 feet. The City Attorney pointed out right of way should have been 50 feet and recommended the replat be referred back to the Planning and Zoning Commission. Mayor Graham called for a motion to refer back to the Planning and Zoning Commission and no motion came forth. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK i i' JOE GRAHAM, MAYOR, CITY OF PARIS I C { art 1 MINUTES OF THE SPECIAL MEETING OF THE CITY OF PARIS November 7, 1983 The City Council of the City of Paris met in special session, Monday, November 7, 1983, 7:00 P. M., conference room City Hall. Mayor Graham called the meeting to order with the following Councilman present: Donald G. Wilson, Gene McWaters, Jr., Jeff Hoog and Nathan Bell. Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham called for the reading of a Annexation Ordinance to annex a 19.607 acre tract of land proposed for the development as the Meadows subdivision located at the north end of 42nd Street S. E. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 19.607 ACRES, MORE OR 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, AND PROVIDING ZONING FOR SAID TERRITORY. Mayor Graham advised that the Annexation Ordinance was an introduction Ordinance only and required no vote at this time. Mayor Graham stated that the Council would go into workshop session with member of the Airport Advisory Committee, Bill Booth, Gene Sudduth, Christina Campbell, and Dr. Keller of the Airport Advisory Committee was present to'discuss matters with the City Council. Mayor Graham announced that the City Council would go into workshop session with the Fire Chief, Steve Burgin. Chief Burgin discussed with the Council the Standard Fire Prevention Code 1982 Addition, published by the Southern Building Code Congress International Inc. Mayor Graham announced that the Council would go into executive session and the regular session was declared closed and the executive session open. Personnel matters were discussed with the City Manager and the City Attorney. Mayor Graham declared the executive session closed, and the regular session open. There being no further business, the meeting adjourned. JOE.GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 14, 1983 25 The City Council of the City of Paris met in regular session, Monday, November 14, 1983, 7:00 P. M. in the Council Room of City Hall. Mayor Graham called the meeting to order with the following Councilmen present: �i Donald G. Wilson, Gene McWaters, Jr., Nathan J. Bell, George Fisher, and 1 Jeff Hoog. Also present were City Manager, David H. Doty, City Attorney _ T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Hitt. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mayor Graham announced that the first order of business would be appointment of a replacement of Walter F. Williams, Councilman District No. 2 recently resigned. Mayor Graham placed the name of A. L. Ware for nomination. Resolution No. 83 -069 appointing A. L. Ware to serve Councilman for District No. 2 as a member of the Council to serve the unexpired term of Walter F. Williams which ends April 11, 1984 was presented. A motion was made by Councilman Bell, seconded by Councilman Fisher for adoption of the Resolution. The motion carried 6 ayes, 0 nays. .,...if..:, r t.. RESOLUTION NO. 83 -069 WHEREAS, the City Council of the City of Paris did accept the resignation of Walter Williams as Councilman of Ward Two (2) and member of the City Council of the City of Paris on the 12th day of September, 1983; and, WHEREAS, the City Council has the authority under Section 20 of the Charter of the City of Paris to select a person to fill said vacancy; and, WHEREAS, it is in the best interest of the citizens of the City of Paris that said seat be filled; and, WHEREAS, A. L. Ware has been nominated and he is found to possess all the qualifications prescribed in Section 17 of the Charter of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C-ITY OF PARIS; that the appointment of A. L. Ware, to serve as Councilman from Ward Two (2) and as a member of the City Council of the City of Paris, to serve the unexpired term of Walter Williams, which ends April 11, 1984, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 14th day of November, 1983. q oe Gra am, Mayor ATTEST: H. C�Gr ne, City C er APPROVED AS T FORM: T. K. Haynes, City Attorney City Judge Cedric Townsend administered the oath of office to Mr. A. L. Ware, and Councilman Ware assumed his chair at the Council table. Mr. Walter Williams appeared before the Council expressing his satisfaction with serving with the Council and congratulating Mr. �-- Ware on his appointment. Mr. Donald Stone appeared before the Council appealing a decision of the Engineering Department requiring payment of a man hole for the extension of a sewer line. After discussion, a motion was made by Councilman McWaters to allow 71 feet of sewer line and no further extension to that line. There was no second and the motion died. City Manager Doty presented a request of the Paris Community Theatre to request an approximate three hour closing of First Street between Lamar Ave. and Grand Avenue on Saturday, November 19th. A motion was made by Councilman Wilson, seconded by Councilman Hoog approving the request. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. Mr. Bill Vaughn appeared before the Council to discuss a proposed Joint Venture for the roadway rehabilitation of a portion of 8th Street S. E. in the vicinity of Sycamore and Old Jefferson Road. After discussion, a motion was made by Councilman McWaters, seconded by Councilman Ware approving the Joint Venture for the roadway rehabilitation. The motion carried 7 ayes, 0 nays. Mayor Graham announced that the next order of business would be consideration of recommendations made by the Planning and Zoning �-7 Commission, and requested a motion to receive the minutes of the Planning and Zoning Commission. Councilman Fisher made a motion that the minutes of the regular meeting of the Planning and Zoning Commission, November 7, 1983 and the Planning and Zoning Commission report and recommendations dated November 9, 1983 be received and filed for the record. The motion was seconded by Councilman Wilson and carried 7 ayes, 0 nays. The minutes of the Planning and Zoning Commission are attached hereto as part of the Council Minutes. Mayor Graham declared the public hearinq open on the petition of Gary Davis for a change in zoning from a Two Family Dwelling District to a Multi - Family, Dwelling District No. 1 on Lots 1 and ?, Bloc!, 6, G bbcns parks Addi±ion located on the southu!est corner of Ceder Street and 8th S. E. This item had been tabled at a previous meeting. A motion w-as made by Councilman Fisher, seconded by Councilman Wilson to remove from the table. The motion carried 7 ayes, 0 nays. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and Mrs —Bill Eudy appeared before the Council in opposition to the peti ±ion, and presented a petition signed by property owners in the area. After discussion, a motion i -.as made by Councilman Fisher, seconded by Councilman Bell to deny the petition. The motion carried 7 ayes 0 nays. Councilman Bell requested to be execused for the next two items on the agenda.. A motion was made by Councilman Fisher, secnnded by Councilman Wilson to excuse Councilman Bell. The motion carried 6 ayes, 0 Mays, and Councilman Bell left the Council room. Mayor Graham declared the public hearing open on the petition of D. Wayne Brown for a change in zoning from an Agricultural District to a Multi- Family Dwelling District No. 1 on a ?8.27 acre tract of land part of Lnt 9, City Block 317, located on the east side of 36th N. E. at Clement Road. Mayor Graham called for proponents to appear and n. Wayne Brown appeared in his behalf. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -066 AN ORDINANCE AMENDING ZONING ORDINANCE Nn. 1710 OF THE CTTY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTI- FAMT_LY DWELLING DISTRICT NO 1 (MF -1) ON A 28.27 ACRE TRACT OF LAND BEING PART OF LOT 9 CITY BLOCK 317 ON PROPERTY BELONGING TO D. WAYNE BROWN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATTNG THE BOUNDARIES OF THE MULTI - FAMILY DWELI.ING DISTRICT NO 1 (MF -1) SO ESTABLISHED. was presented. A motion was made by Councilman Hoog, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. i f Mayor Graham declared the public hearing open on the petition of the Paris Swings and Loan Association for a change in zoning from a One Family Dwelling District No. 2 to a Plann-ed Development District Housing or Community Unit Development on the South 250 feet of lots 18 -A and 19, City Block 249, located on the east side of Collegiate drive 435 feet south of Lamar Ave. Mayor Graham called for proponents to appear and Mr. Brad Hutchison appeared representing the petitioners. i Mayor Graham called for o^ponents to appear and Franklin Kyle appeared before theCouncil expressing his concern about the drainage in the area and about two story condominiums being built in the area being surrounding by single family residences. Mrs. Franklin Kyle, 2840 Hubbard appeared before the Council in opposition to the petition stating that she would like to see the final plan prior to the re- zoning. Mayor Graham dclared the public hearing closed and ORDINANCE NO. 83 -067 AN ORDINANCE AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARTS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTIRCT - HOUSING OR COMMUNITY !NIT DEVELOPMENT (PD b) ON THE SOUTH 250 FEET OF LOTS 18 -A AND 19, CITY BLOCK 249, ON P.°,OPERTY BELONGING TO PARIS SAVINGS AND LOAN ASSOCIATION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOFME ";T DISTRICT - HOUSING OR COMM- UNITY UNIT DEVELOPMENT (PD -h) SO ESTABLISHED. �--� was presented. A motion was made by Councilman Wilson, seconded by t Councilman Mc!daters for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Councilman Bell entered the Council chambers and assummed his chair at the Council table. Mayor Graham declared the public Eddie Vincent for a change in zc District No. 3 to a Multi Family 17, 18, and 19, Block A and Lots proposed Windsor Estates located of Loop 286 N. E. hearing open on the petition of ning from a One Family Dwelling Dwelling District No. 1 on Lots 41, 42, and 43, Block B of the north of Pine Mill Road and East Councilman Bell requested to be excused from the hearing because of conflict of interest. A motion was made by Councilman Fisher, seconded by Councilman Ware to excuse Councilman Bell. The motion carried h ayes, 0 nays, and Councilman Bell removed himself from the Council Chambers. Mayor Graham called for proponents to appear and Eddie Vincent appeared in behalf of the petition. Mayor Graham called for opponents to appear and none appeared. ORDINANCE NO. 83 -068 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS ,, ",ND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTI- FAMILY DWELLING DISTRICT NO. 1 (MF -1) ON LOTS 17, 18, ANn 19, BLOCK A AND LOTS 41, 42, AND 43, BLOCK B OF WINDSOR ESTATES ADDITION TO THE CITY OF PARIS ON PROPERTY BELONGING TO EDDIE VINCENT, SO AS TO INCLUDE THEREIN! TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT N.O. 3 (SF -3); AND DESIGNATING THE BOUNDARIES OF THE MULTI- FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTABLISHED. was presented. A motion was made by Councilman Hoog, seconded by Councilman Wilson for adeptions of the Ordinance. The motion carried 6 .-yes, 0 nays. Councilman Bell entered t1he Council chambers and assumed hischair at the Council table. Mayor Graham requested a motion to remove from the table a petition of John Madewell to change from PD -f (Office to Office, Lots 24, and 24 -A, City Block 249 located at 3030 and 3040 Lamar Avenue. A motion was made by Councilman Fisher, seconded by Council ^jan Wilson to remove the item from the table. The motion carried 7 ayes, 0 nays. Mayor Graham declared the public hearing open on the petition of John Madewell. Mayor Graham called for proponents to appear and Mr. Brad Hutchison, Attorney, appeared in behalf of thl petitioner. Mayor Graham called for opponents to appear and none appeared. Mayor Graham reminded the Council that the matter had been forwarded from the planning and Zoning Commission without recommendations. City Attorney Haynes advised the Council that no recommendations should be consid^ red as negative. After further discussion, no motion was made and n-- action taken on the petition. Councilman Bell requested to be excused from the neXt item on the agenda. A motion was made by Councilman Fisher, seconded by Council- man Ware to excuse Councilman Bell. The motior. carried 6 ayes, 0 nays, and Councilman Bell removed himself from the Council chambers. Mayor Graham declared the public hearing open on the petition of Gene Tharp for Commercial Zoning on the south 123 feet of Lot 1 City Block 219 located on the east side of 17th S. E., 150 feet south of Lamar Ave. Mayor Graham advised that the item had been tabled at a prior Council meeting. A motion was made by Councilman Wilson, seconded by Council- man Hoog to remove the item from the table. The motion carried 6 ayes, 0 nays. Mayor Graham called for proponents to appear and Gene Tharp appeared in behalf of the petition. Mayor Graham called for opponents to appear and none appeared. Mayor Graham advised thc. Council that the Planning and Zoning Commission had recommended denial of this amendment at it's October 3rd meeting by a 6 - 0 vote. A motion was made by Councilman Hoog i seconded by Councilman Wilson to accept the recommendation of the Planning and Zoning Commission to deny the request. The motion carried 6 ayes, 0 nays. Councilman Bell assumed his chair at the Council table. A replat of Lot 3, City Block 1.88 -C and Lot 4, City Block 188 -C was presented. A motion was made by Councilman Fisher, seconded by Councilman , to table action on the replat. The motion carried 7 ayes, 0 nays. A replat of Lot 2, City Block 299 was presented. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Bell to refer back to the City Staff for further study and recommendation. The motion carried 7 ayes, 0 nays. City Manager Doty advised the Council of a report from the Director of Community Development concerning City Code Subdivision Plat approval procedures and stating that present practice was in con - flict ::ith the Ordinance. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Wilson to amend the Ordinance to conform to present practice. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Willard O'Neal Boyd from a One Family Dwelling District Mo. 3 to a One Family Dwelling District No. 3 and Specific Use Permit Day Care Center (25) on Lot 9B, City Block 281; Ronnie Snowton from a One Family Dwelling District No 3 to a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home (39) on Lot 12, and 14, Block 0 East Park Addition located at 1441 12th N. E.; Leroy Reed from a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home - (39) on Lots 6 and 7, Block 1, Colonial Addition; Roger Wayne Barnes from a One Family Dwelling District No. 2 to a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home on the north 1,- of Lots 6, 7, and 8, Block 6, Sperry's east side of 3rd S. E. Mayor Graham referred the request to the Planning and Zoning Commission for their recommendations and called for a public hearin -g at the next regular Council meeting. City Manager Doty presented a request from Dr. Richard D. Grossnickle for water service outside the Cit;/ Limits. A motion was made by Councilman Fisher, seconded by Councilman Hoog approving the request. The motion carried 7 ayes, 0 nays. 31 I I Mayor Graham requested the Council's consideration of recommendations made by the Traffic Commission. The recommendations contained in minutes of November 1, 1983 and made a part of these minutes. A motion was made by Councilman Wilson, seconded by Councilman Fisher auth --rizing the preparation of an Ordinance for stop signs recommended in the Traffic Commission's minutes. The motion carried 7 ayes, n nays. Mayor Graham requested the Council's consideration of an Ordinance separating, deannexing and removing and excluding from the incorporated area of the City Limits approximately 77.4 acres of property owned by the Paris Texas Industrial Foundation, Inc. Councilman Wilson requested to be excused because of conflict of interest. The motion made by Councilman Ware, seconded by Councilman Bell to excuse Councilman Wilson.. The motion carried 6 ayes, n nays, and Councilman Wilson, excused himself from the Council Chambers. ORDINANCE NO. 83 -069 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS SEPARATING, DISANNEX- ING, REMOVING AND EXCLUDING FROM THE INCORPORATED AREA OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, AN AREA EMBRACING APPROXIMATELY 77.40 ACRES OF PROPERTY OWNED BY PARIS, TEXAS INDUSTRIAL FOUNDATION, INC., DESCRIBED IN FOUR TRACTS, TRACT ONE OF WHICH CONTAINS APPROXIMATELY 31.52 ACRES, TRACT TWO CONTAINING APPROXIMATELY 39.13 ACRES, TRACT THREE CONTAINING APPROXIMATELY 5.75 ACRES, AND TRACT FOUR CONTAINING 1 ACRE, SAID PROPERTY BEING HEREINAFTER DFSCRIBFD BY METES AND BOUNDS AND SAID PROPERTY BEING WHOLLY UNINHABITED BY RESIDENCES OR COMMERCIAL STRUCTURES: CHANGING THE BOUNDARIES OF DISTRICT THREE OF THE CITY OF PARIS SO AS TO INCLUDE THE HEREINAFTER DESCRIBED PROPERTY FROM SAID DISTRICT; IP;STRUCTING THE CITY ENGINEER TO MAKE A SURVEY FIXING AND ESTABLISHING THE BOUNDARY LIMITS OF SAID CITY IN ACCORDANCE HEREWITH AND TO CONSTRUCT A COMPLETE MAP OF SUCH TERRITORY HEREIN AND HEREBY EXCLUDING FROM THE CORPORATE_ AREA OF THE CITY OF PARIS: AND ESTABLISHING THE CITY LIMIT LINE RESULTING FROM THE DISANNEXATION. was presented. A motion was made by Councilman Fisher, seconded by Councilman Bell for adoption of the Ordinance. The motion carried 5 ayes, 1 nay, Councilman McWaters voting nay. Councilman Wilson returned to the C --uncil room and assumed his chair at the Council table. Mayor Graham requested the Council's consideration of an Ordinance up dating the Texas Municipal Retirement System Plan for the City of Paris employees. ORDINANCE NO. 83 -070 AN ORDINANCE AUTHORIZING o,ND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "!UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PARIS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND PROVIDING FOR AND EFFECTIVE DATE. was presented. A motion was made by Councilman Bell, seconded by Counciman Ware for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. City Manager Doty requested the Council's consideration of a contractual agreement with the Undergound Resource Management, Inc. for services related to the landfill closing. Resolution No. 83 -070 authorizing and directing the Mayor to execute on behalf of the.City a Professional Service Contract with the Under- ground Resource Management, Inc, was presented. A motion was made by Councilman Fisher, seconded by Councilman Ware for adoption of 0 nays. the Resolution. The motion carried 7 ayes, y a- yf! RESOLUTION NO--83-070 WHEREAS, The City Council of the City of Paris in keeping with it's commitment to comply with the Court Order entered in Cause No. 49477 in the Sixth Judicial Court of Lamar County, Texas has solicited proposals for the collection of geological and hydraulic data and survey concerning the landfill area for the final closure and monitoring of the landfill site; and, WHEREAS, the best proposal was received from Underground Resource Management, Inc., 2499 -B Capital of Texas Highway, Austin, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the proposal of Underground Resource Management, Inc., be, and the same is hereby accepted. Be it further resolved that Joe Graham, Mayor, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, a Professional Service Contract with Underground Resource Management, Inc., upon the same terms and conditions as contained in the accepted proposal. Passed and adopted this 14th day of November, 1983. ATTEST: H. C. r ene, City Clerk- APPROVED AS TO FORM: T. K, aynes, ity Attorney r i 01�IjAlz7w oe Gra am, Mayor 33 341 PROFESSIONAL SERVICE 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, Joe Graham, hereinafter referred to as CITY and UNDERGROUND RESOURCE MANAGEMENT, INC., 2499 -I> Capital of Texas Highway, Austin, Texas 78746, hereinafter referred to as ENGINEER do contract and agree as follows: 1. The CITY wishes to procure and the ENGINEER desires to provide professional services as described in Exhibit A attached hereto and incorporated herein for all legal purposes, entitled "Table 1" consisting of four (4) phases of which CITY agrees to pay as hereinafter stated. 2. Original documents, surveys, notes, tracings and reports are instruments of service are the property of the CITY. 3. CITY agrees to pay for professional services by category described in each phase of Exhibit B attached hereto and made a part hereof at the rate shown therein an-d in Exhibit C attached hereto and made a part hereof entitled "Fees for Professional and Technical Services" and in Exhibit D attached hereto rind nude a part hereof entitled "Fees for Field Exploration" and Exhibit E attached hereto and made a part hereof entitled "Fees for Laboratory Services ". 4. CITY and ENGINEER each binds itself, its succes- sors, and assigns to this agreement and to the covenants herein contained. ENGINEER shall not assign, sublet, or 35 transfer its interest in the contract without the written consent of CITY. S. ENGINEER shall complete each phase of work in order to comply with the schedule or permit the CITY to I comply with the schedule as fixed in the Judgment entere..d on the 26th day of September, 1983 in Cause 49477 in the District Court of Lamar County, Texas, 6th Judicinl District, entitled State of Texas vs. City of Paris attached hereto as Exhibit F and made a part hereof for all legal purposes. CITY shall have the right at its option, to either temporarily suspend or terminate this contract at any time before the date of completion. CITY shall promptly notify ENGINEER in writing the determination to suspend or terwinfite, Lind the effective dzite of the Action. Upon receipt of notice to terminate, ENGINEER shall stop all work and not incur any additional expense and shall promptly inform contractors or sub - contractors contracted for by ENGINEER to stop all work and to not incur any further expense and CITY will pay only for work done and cost incurred on or before date of termination. 6. ENGINEER will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. ENGINEER will take affirmative action to insure that applicants are employed and that employees are treated during employment with regard to their race, religion, color, sex or origin. Such action shall include., but not be limited to, the following, . employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ENGINEER agrees to post, in conspicuous places available to employees 3J and applicants for employment, notices setting forth the requirements of these nondiscrimination provisions. 7. CITY and ENGINEER hereby agree to the full perfor- mance of the covenants contained herein. ENTERED INTO THIS 22nd day of November, 1983. ATTEST: Greene, City Clerk APPROVED AS TO FOR14: T. K. Haynes, City Attorney CITY OF PARIS Joe Graham, Mayor UNDERGROUND RESOURCE MANAGEMENT, INC. BY: Bob Kent, Vice-President �. 1 i E 4&444 v TABLE 1 Scope of Services Phase I. Development of Report for TDH Task I. Collect availahle data from the City of Paris at),Y Department of Health concerning the operation of the landfi' available analysis of leachate, o. Task 11. Collect existing geotechnical and engineering reports on or adjacent to the landfill. • �i Task III. i Collect available geologic and nydroloyic data concerning the site anti adjacent areas from thp Iexas I)epartment of ~Watts I:esources, Tntl, Rrireau of Fconomic (,eniog.y, U, c, f)c�olnyic survey, and ii, S. Soil Conservation Service. Task IV. Perform an on- the - ground geologic and hydrologic survey of the area including an inventory of current and past uses of ground water. This will include collecting information on well depths, ground -water quality, and other information available in public files as well as a door -to -door survey in the area. Task V. Meet with and disclrss the project with TDH staff, Task VI. Prepare a report for the City of Paris suftic.i(,nt to cony)ly 4 Lilt-i wi t 1 Judgement rin, gr171 i n the i stri a t (,mire nt � _ he report will contain a �iiscussi.rn of thy, Lamar Ct,�nnty, lexa >. information ich will provide the basis of rte- ;;,,,, col lt.rted ahnve --r- �c i ;, ndations concerninc3 tht, lnca'ion d Construction of Monitor wells and a rpcornrlaridod rloni tori n,i preyrari. a Moni for lq c�l I I n�:ta l 1 at. ion Task i. Based on (lat) d( Iopod in I'rt,l,,e +, r i l l and I- 4 °¢ t f?I Is to approximately al) f,:,,,f Task II, Survey elevations and locations of monitor wells. Task III, Perforrl pormoahility ttlt >rl st l..ctec; wr,I!ti Task IV, -r• -- i [)evc'loh all wel Is, ur asl:rt �:att�r ! � lF�vets ant! obtain t•:,lre,- samples for- analysis. , Task V. t_ `r Preparr report. tor' r:ity of Paris ducrnl.`hntin. t , u. I r_ refill l is In i �repare conclusions concerning �I I is miyration or nonmic3r.?t ;on of sr_ititr, f. c�rn.. the landfi 11. Phase III. Collect tao additional Salo ;,lt�ti trori ;soniter w t el is at 3 rTlo•t intervals and repave second fol1Ow -up report to TUH, phase IV. Collect samples frr>rn monitor- c•fells on an ann.tai basis anti prepar, a report on the results of th a e nalysis (30 years), R t` - ' r IAi,i.l_ Cos_s_ t timate Estimated Cost for Phase I; Principal- in- charye Project Geologist 3O hours 0 570.00/hr, Drafting} 140 hours (d $ O.OU /hr, Typing 60 hours (� g?S,OO /hr, Travel, Subsistence 3U hours 0 $20.00 /hr. Report Reproduction' and Lodging Chemical Analysis of Ground Water Misc. Expenses TOTAL ESTIMATEO COST PHASE I Estimated Cost for Phase 1I: --_______ Monitor,14elis Professional Supervision'' (� SI,400.0 M��I,i each } i zat i ors days (•' 5450.00 /day Surveying (City supplied) Clearing - site Chemical Analysis c ss (City ;ul�i> l i >rl ) Consulting , g Sr-rvices for 1Ze�crt 5r (, `�50O.U0 each Drafting, Typing- etc. 1 1JU hrs. () ;`0.00 /h r, Travel and Expenses TOTAL ESTIMATED Cr)ST PHASE II Estimated Cost for Phase 111: Chemical An,i)ysis ' Tra ve l , Expenses , n 35OU.O() Report to TDH Technician each TOTAL ESTIMATED COST PHASE 111 Estimated Cost for P hase 1V: r— A cost of $4,000.01) per Year is estimated, } fi. 39 EXHIBIT B g ? , 100.O(1 1,000.00 1,500.0(1 600.00 1 , 00((. 0O 250,00 600 . r)0 Q)13,550.00 7,000.0(1 1,350.00 r {00. 2,500.Or 5,000.00 1,000.00 2,00(). -- o 519,��5U.pO � 5,000.00 5(111,tJ() 1 ,OHO $ 6,500.()o ) iiJ "rot I'S stnn.al r Sions uj Stu,,, or en9tneenncf o.1 on, con evaluations and studies, rogecC tlon, rOrt " 7eolo;;ual Su1taClon and report !a ^m n; dmf coord+nn_ rofessional personnel char efp,eparacton are OS!!ed On Cge Ct:ee rates Incicated, g Ir t0 the project at the ari* rPlctilatOry aye'nC•eg �Bpre'SBntJLtOn d[ public ''e.trSnUS and ^et0re y a M n nctPal is Cl ac ih) /hour, MAXI KIM Hl)I1RLY DAILY l.11 Principal , 1.12 PrOject Manager . . . ' ' ?'1'" 100.00 1.13 Project Enylneer /Geoiogfst! 6 • U "Uo.UO Chemist 1.14 `taff Engineer!Geoloyist/ Sl1.ou :)0U. 00 Chemist . • aU.OiI 4110.00 1.211 ' echnical and Support Staf( Ject are hiIled utt11Zed during the pnnlress of a pro- 6 directly to ry ht' time Jt technical and Support personnei the project at the hourly unit rates inaicatoicated. eo. 1.21 Designer. i -C'2 Draftsman 35.00 1.23 Tecnnician. , . . . . ' • . ' . . `.'5.00 i.24 'o.rd PrIV ssor, )1` 1.25 neral :!nn,.il, I..IU nasonahi +' .it'll Vn( •••,•..Iry txP,.n;es, sulll aS Cr'av••1 uhSt:flvµr .�,•r-n:t trr••. nl;. Intoned Turin') thr progress work `Inr'�•rn I ly be h t I I. •d at Oust „q,• 1.40 °eilrnnuction A Drafting Supplies 1.41 in- hrnrSt• ,�r•Prnduc.ilnn !,41,1 C„-lix 1.41.2 Diazo 0.10 eacn 0.50 .42 Standard Supplies 1.42.1 Drafting rilm b Tape 1.50 sn. f ;.42.2 Report 3indings t• ..42.3 Lenlnattay 1,,5 so. ft. .43 1)UC51de Reproduction Other SupPlies Cost . 1ge r ',ervices Cost ',urc -. h.t n;,• an Cnr;777u Crr snrvl.: c• . ,r $, It,l !IIr11• .rni nd •, '. t1 �f,yer ••0tr.,irt, ,!evelt;p- lL al u5,i •,N, ••tc. rates for hems i.:u thr•u ;.SU are In U. S. Dollars i (,uERGRUUNJ .'E'.I)1' =_t YH!;EMENT :VC. 'dgy -u Cdoftal Of i('xas Highway ,:, 12, ?28 -1)i;v 1 RE l, iSEC, Marcn, 1983 i §t i i 4' Opp—.! J Vi L ;CHEIRILE V P"'4e 1 of ., Flw) IVLORAfION EXHIBIT D I'l ELO (..RLw iNU LQUIl'i'ENT '10!,!L,,/Al ION smedl Pump Unit . . :.110 . . . . . . . . . . . . . . . • . . . • • • 120 Truck-Mounted Rotary Drilling Rig . I.UU/MILE . . • • . . . . . . . • • • 13U Pickup and Water Trucks . I.UO/MILE . . . . . . . . . • . • • . . . • • • .140 Equipment Preparation Change (one-time) . . . . • • • . . . • • .150 Subsistence and Crew Rotation Transportation. 50.1)0 . . . . . . . . . COST � 15% 52.200 DRILLING AND SAMPLING - Onit Rate Basis (In addition to Charges under item 50.100) .210 Auger Borings (No Samples). . . . . . . . . .220 Drilling - Hollow Stem Augers (Including Thin-W*,II•TLb; 6.00/FT. and Split -Spoon Sampling) .221 0 - 30 feet. . . • • • • • • . • • . . . . . • • • • • . .222 30 - 50 feet. . . . . • 8.50/FT. • • • • • • . . . • . • • • • • . .223 50 -100 feet. . . . . 9.50/ . FT. . . . . . . . . . . . . . . . . . .224 Additional Charge for use of Drilling 12.00/FT. Mud. Casing or Rotary Wash Method, . . . . . . . . . . . . . . .225 Additional Charge for Augerinq in Materials with . . . . . 1.00/FT• N-Value in excess of Su Blows/root .226 . . . . . . . . . . . . Additional Charge for Benton i te-Cement Grouting 1.00/1' T• ofBoreholes . . . . . . . . . . . . . . . . . . . . . . . .230 Rock Coring - Double Tube Rdrrel .231 Set-III, Per Hole • • . • • . . . . . . . . . . . . . . Footage Ct)drjes . . . . . . . . . . . . . . . 100.00 . . . . . 3otefq . . . . . . . . . . . . . . . . . . . . )33 — In exco;s or 30 !vet. . . . . . . . . . 134 In addttron cu f1)0t,u;e Under, A10 If 1) t 'Jid90 W1 I I he charged at (Ost 41. G[OPiiY,1I(AI. .110 FiLl(j qeSIstivtty Surveys ; Inc I jitit s jeO10915t, 2 Technicians, and Equipment . . . . . . . . . . . . . . . . . . . . . . 1 000 Lju/r AY .120 'loremole Gamma Ray. . . . . . . . . . . . . . . . . . . . . . . . IOU.00 D11's :,4 .100 MONITOR WELL INSTALLATIDS - Unit Rate Basis 2 UU/FT. . . . . . . . . . . . . . (In addition to Charge. under, Item QUOTED Typical "Ulf Coast Sediments- .101 0-30 feet SI.400 /.ell -102 30-5U teet 51.500/-ell .IU3 )0_70 feet .104 >70 feet Ou�ltecj 'Actual Cost varies with degree of difficulty and s pe c I f i C a I I y quoted for each job. All Unit Rates ire in U.S. Dollars UNDERGROUND RESOURCE MANAGEMENT, INC. 2499-8 (:apjtdj Of Texas IilQhwdy Austin, Texas 78716' 512/328-0081 RE'41SIE0 Maf'01, 1083 II e , Jf '?V If �S.Jlilf ,'ME 111) MATERIAL) d.ASI I. :n to .hdrnes ,nder Item 50.1ij- P conducted on a , ;Ile .Ii'd ,,ial 7a }i% »�11 ',arq_,•,` on a ha 11-lay basis for equipMnt u!i l.,ed, do nnurly ',asis for field { crew labor and for materials. An al! ?gUipment 'hirges, a full half-day is Charged If the egij i pnient crk :; a .m nimum of on- (1 ) :,our 11 in the 12 -hour period. .100 Pumping or Aquifer Test - Equipment 1 ! .',IU Smeal ?ump Unit . . . . . . . . . . . . . . • 35oXO /DAY .120 Electric Generator 40w 11 -3 Pha . . . se. . . . . . . . 125,00 /DAY .130 Test_ Pumps, Meterinq Giuges. e_c . . . . . . . . 50.90NAY .140 Water Level Recorders, dowrihole transoucers . . . . . . . QUOTED .200 OriIIIng. sampling, Monitor Well installation .210 Failinq 1500 - Rotary . , bODUU /OAY 22U Hollow -Stem Auger Mohfl i3 -53. . . . . uu. : ;(3/DAY ,230 Hollow -Stem Auger Mobil 11 -14, . , _ . _ • _ . . , . . _ , 6tit) tJ/DAY .3OU Aukilliary Equipment .310 ')tedm Cieaninq Hnit. . . . . . . . . . . . . . . . . . . .4U0 Cr'�w Labor ,410 Field Supervisor /Ileologists ai,. )D; •i ;i ;l( .420 Driller /Operator Olelprr . . . . . . . . . . . . 25,O0Jh' :HR SOUMaterials . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.100 OTHER CHARGES I .1:D Misce!ianeous Suuplies, Materials, Equipment dental, etc. 'lecessdry for Work G;froletion but not tiormally Furnisned nder terns Above . . . . . '0;" 15; .120 Rental Jf Equipment *,o .;d)n Access. . . . . . . . , rUST i5a f l30 q.enta! of >pecIaI '),-,!ling Egirpren- , Marsh 3 u99Y 1 , etc. COST 5? i `1 s: li pr,llinq cntw ni:rmaliy consists „ d hiller doe i -2 ielperis_ Equipment aor:mal!y includes !rill um t, water car -ier, sampiinq tools and equipment. j21 rows ,n .nit-nr -town prn•le(is rotated at ')-day j interv.!I: nt _licnt ekprntie. (3) ayive itus fnr average degree of ffiC,lty o,k. ?aces for :,nus,,ally lifficult site or drilling .:onw! inn-, quot,•u. All Jnit ddr�• .ire in !I, Oollars 'Nl)tRGR0l1ND RLS,:;URCE MANAGEMENT, INC, '.ipit.il of (e"ds "i.ihwsic Austin, 'exis ;tii 4b 1'c ' 328 -1)081 REV'ISF1) March, i'i83 EXHIBIT •E 43 SCHEDULE VI i'lYe I of 3 FEES FOR LABORATORY SERVICES 60.100 IDENTIFICATION AND CLASSIFICATION TESTS SOILS. - Unit Rates .1U1 Visual Classification . . . . • . . . . . • . . . . • . • • • .102 Atterherg Limits. I Su . . . . . . . . . . . . . . . . . . . . . . .103 Particle Site Analysis Hydrometer 25 .104 Percent Passing No. 200 Sieve . . . . . . . . . .105 Sieve Analysis. . • . . . . . . • • • . S j)U . . . . . . . . • • . . . • • • . • • .106 Linear Shrinkage, . . 40 t)o . . . . . . . . . . . . . . . . . . -107 Volumetric Shrinkage. . . . . I 5 .'JU 60.200 . . . . . . . . . . . . . . PHYSICAL TESTS IS.L)O - unit Rates .201 Moisture Content. . . . . . . . . . . . . . . • . . . . .202 Density, Unit Wet Weight. . . . . 5.00 . . . . . . . . . . . . . . . Specific Gravity . . . . . . . 5.00 60-30U . . . . . . . . . COWACTION AND CONTROL TESTS 15.00 ,310 Optimum Moisture and Density . .311 Standard Test . . . . . . . . . . . . . . . . . . . — 312 Modified Test . . . . . • • • P'O.UU . . . . . . . . . . . -32() Optimum Moisture and Density for Shrink /Swell or permedhi I I ty and Three 1) 1 f terent Additive Porcento j,,s t'O - -100 . • . . . PERMEABILITY TESTS 315.0o .410 With Water, . . . . . . . . . . . . . . . . . • . . . • . . • • .420 Chemical Effluent . . . . . . 9O.UU hO-t)OU . . . . . SOLUTE , TRANSPOR T PARAMETERS . . . . . . . • . . • • 120.00 60,600 STRENGTH AND COMPRESSIBILITY .610 Unconfined, . . . . . . . . . . . . -62U Triaxial . . . . . . . . . . . . . . . . . . . . . . . . . 25.uo hO.7nk) . . . . . . . . CHUMICAI ANALYSIS . . • . . . . • . QUOTED -"JI "dElot, Exchange Capacity, . • . . . . . . • . . . . . • • • • • .702 Sodium Adsorption Ratio 65.OU . . . . . . . . . . . . . . . . . . . .7 03 Organic Content, Total. . 5U.00 . . . . . . .704 Calcium Carbonate Content . . . . . . . . . . • • • • 2U.00 . . . . . . . . . . . . . . . 15.JO All Unit Rates are in U.S. Dollars UNOERGROUND RESOURCE MANAGEMENT, INC. 2499-A CdPitdl Of Texas Highway Austin, Texas 78746 512/328-0081 REVISED March. 1-483 43 SCH',DULF 'I! Page I of 3 Fc S OR , vOpmooy SF.RVIcF" (I WIt I "Ile.) I 6 1 . !UO GENERAL ANALYTiCAL IFSTS - Unit .101 -1, 111 1 qu I va 1.• n I %,,b,' 1 -.,1, 102 A, i it .. . . . . . . . . . . '0.011 !01 AIAa I I I, I f V . . . . . . . . . .10.1 API Oplisity. . . . . . . . . . ij ju .105 3oron . . . . . . . . . . . . .106 Bromide. . . . . . . . . . . .107 Chlorld,• 10,00 .108 r , hiorine Residual. . . . . . to L)u .130 Chlorine .emana . . . . . . . .110 Conductivity . . . . . . . . 5.00 .111 Ccrrosivity, `LACE. . . . . . 7S.jt) .112 Cyanide. . . . . . . . . . . .. �) u() .113 Flash Point. . . . . . . . . 20.00 .114 Fluoride . . . . . . . . . . :0.00 .117 bride . . . . . . . . . . . I .118 Ldngelier Index. . . . . . . 4() jj) .119 Nitrogen, Ammonia . . . . . . . j.t)u, .120 Nitrogen, Kjei(lanI . . . . . 15.()() 51..'00 ATOMIC ABSORPTION ANALYSIS (For sjFvio preparation see 4.8.1.1 .201 11 umi num . . . . . . . . . . it) L;() .202 Antimony. . . . . . . . . . 10.00 .?03 Arsenic . . . . . . . . . . 21).00 .204 Barium . . . . . . . . . . 10.00 .205 Beryllium . . . . . . . . . 10.00 .206 11 smuLn . . . . . . . . . . 10.00 -21J7 Cadmium . . . . . . . . . . 10. JO .208 Calcium . . . . . . . . . . 10.00 .209 Chromium. . . . . . . . . . 10.00 .210 Chromium VI . . . . . . . . 15.00 .211 coba It. . . . . . . . . . . 2 I! ':upper . . . . . . . . . . 10.00 ,' , e rMd n I um . . . . . . . . . 11) .0o .714 Gold. . . . . . . . . . . . i 1) .00 .? 15 iron . . . . . . . . . . . 10.00 ?!6 Lanz thdnum . . . . . . . . . !0 .110 .? I L •,io . . . . . . . . . . . 10. 10 .2 D', Lithium . . . . . . . . . 21a Magnesiu'n U, iU `20 Manganese . . . . . . . . . 1I I J0 .)21 Mercury . . . . . . . . . . . . . 2U .,).j .222 Molybdenum. . . . . . . . . . . . 1 0 jo .223 Nickel . . . . . . . . . . . . . ' .2 ::1 Palladium . . . . . . . . . . . . !j .[)u . 15.[)11 .2 ! 5 P I at i nuin . . . . . . . . . . . . . 15,J0 .22u Potassium . . . . . . . . . . . . 10.00 21 Selenium . . . . . . . . . . . . 128. Silver . . . . . . . . . . . . . 29 S i l i c o n . . . . . . . . . . . . . jt . ._3„ Sodium . . . . . . . . . . . . lk, I t ron i i,lm . . . . . . . . . . . ha I I I um . . . . . . . . . . . . . 1 LJO 3 Thorium . . . . . . . . . . . . . .00 134 Tin . . . . . . . . . . . . . . . Y) I,, T I ta it i am . . . . . . . . . . . . . wi,isten . . . . . . . . . . . . . u . 00 uranium. . . . . . . . . . . . . .238 'Jd!.dd1UM . . . . . . . . . . . . . I j C,; 3 Llnc. . . . . . . . . . . . 1 I).lj, I rcon i um . . . . . . . . . . . J(, a 1 1 "a' I'S .'::ate.] i; -; . dollars liNDERGROU';,j il � giiia, MANAGEMENT, INC. :'CIVII-41 It 'eras ;11yhway NI I , I , -4, - , it .. . . . . . . . . :41 L r,).jVIj . 411 rit I. . . . . . . . . Oxygen . . . * . . . . . . . . . . pli . . . . . . . . . . . . . . . . n LM 12 5 li dhosoj t p . . - . . . . . I . . . . . �j.,)U I 2h Phosph,irus. :Ctj I . . . . . . . . 1U - �1,1 128 S I I I ca . . . . . . . . . . . . . . iU -,(; .129 Solids. Dissolved . . . . . . . . 10.,.)o .130 Solids, Settleable. .131 Solids, su sptInud . . . . . . U .132 Solids. Total 133 Solids, Volatile. . . . . . . . . . .134 Sulfate . . . . . . . . . . . . . IU.j(j .135 Su I f i ae . . . . . . . . . . . . . JO."ll .136 ,.11 fi te . .133 Turbidity . . . . . . . . . .139 Viscosity. Annije . . . . . . . . . . .140 Density . . . . . . . . . . . . .)21 Mercury . . . . . . . . . . . . . 2U .,).j .222 Molybdenum. . . . . . . . . . . . 1 0 jo .223 Nickel . . . . . . . . . . . . . ' .2 ::1 Palladium . . . . . . . . . . . . !j .[)u . 15.[)11 .2 ! 5 P I at i nuin . . . . . . . . . . . . . 15,J0 .22u Potassium . . . . . . . . . . . . 10.00 21 Selenium . . . . . . . . . . . . 128. Silver . . . . . . . . . . . . . 29 S i l i c o n . . . . . . . . . . . . . jt . ._3„ Sodium . . . . . . . . . . . . lk, I t ron i i,lm . . . . . . . . . . . ha I I I um . . . . . . . . . . . . . 1 LJO 3 Thorium . . . . . . . . . . . . . .00 134 Tin . . . . . . . . . . . . . . . Y) I,, T I ta it i am . . . . . . . . . . . . . wi,isten . . . . . . . . . . . . . u . 00 uranium. . . . . . . . . . . . . .238 'Jd!.dd1UM . . . . . . . . . . . . . I j C,; 3 Llnc. . . . . . . . . . . . 1 I).lj, I rcon i um . . . . . . . . . . . J(, a 1 1 "a' I'S .'::ate.] i; -; . dollars liNDERGROU';,j il � giiia, MANAGEMENT, INC. :'CIVII-41 It 'eras ;11yhway Yy 'tt•e:. F ... SCHEDULE Vi Pay. 1 of 3 _EES FOR LABORATORY SERVICES — 1nar0) 51.300 ORGANIC ANALYSES 5.301 8W 5. . . . . . . . . . . . iS.W .111 %. fir Om nl ln') Y.t tr Act u., B,ID7(1 . . . . . . /S.J4 C^mNiounns .Jul Car Ann, Total 11 . 1S .U0 E nrnn t' 1: S.tlu .JUS .Las Lhr— t.graonlc Analysis —ph.ne LJ n.n. t,t -I4 for lnol"dtl.l COrooiino . `1).11(1 /('NaP nd Mtho Aychlor 1,1,5 -IP .JDh 1...011.! Dy .4—Up.ce (GC). . SO.1111 ,JIS I—el Dairt nanrf .JON 011 and Gre.f.. IS,W oca's .Ile total Organic C.rnon, - 10.1111 .0.011 ,7119 In (raniloaner UII. 40.00 'Cl 't .J 17 1ottl Organic Htlogen , SU.JO .31'3 In ..ter Dr to11. DS.W .318 Volatile Acids. Z5 .J 11 Ino, vl du al PfstlCl I., Md .J 1) Surfactants .00 2U.JU N!rblcldef. . bO.W Phenols ,320 Total PNA DS .312 . . . 10, J0 .321 Identification Of une nuriis. .JU .JIJ Priority Pollutants (129) nSJ .UU by GC Ydlattlei 2W.O0 . • W.00 /hw Sate /Neat ra if 2W,W Acid, .00.0:1 Pesticfots/PCe., ZW.UU !letais, Cyanide, Phenol 200.00 For pricing on unlisted ah.iy,.,. piece rryWst a quotation. e 1.400 RADIOACTIVITY ANALYSES ,WI Gross Alpha 35.UU ,404 Radium 128 +0.70 . .102 Gross Seca. . . . . . . )S.0) . . iW.1A) ,405 Total Radium . ,403 Raalum 226. . . . . . . SU.dU ,406 'n ;ton ISO.JU SI.SOU SAMLE PREPARATION CHARGES ,F,NERAL ANALYSIS - $DI It, tM lmt n(t, sluU qtt, ![C. �enui rl ng SD.C1ai Otto. rat In :t [Nen0lny nn Para'. ter co De enatyted. ..0 p[M .571 Psre.r[er Spetiffc acin digticn , , es 10,0u /sang ie .502 Spec tai Disttll.t ion 10.00 /send le .512 dry Ash • . . . . . . . . . S,UU /same it .501 E111t ri.t tV rrll a r.tlnn , , , • , , , . - )4.011 /enrol' .SUS 5011 Eat rac[lon. . . . . . . . . . . '. S.IIJ /tdd41! .506 T1 tsu! Eatr.ctton. . . . . . . . . Z5.0O /tarolr .SoI U. /5 am flVtract on , . , , . , Ia.0 O /sang 1. .507 Flor.sf eanuv SD /sa mplP .SU9 Lth/u Ntat n . . ..UO ; sra le .510 311- Saponiflcatlon . . . . . . . 15•U07s.role .511 511111, Acid Cl—. . . . `.0,110 /saryle .512 Acid /water Leach . . . . . . . . . ,S,JU /sarolt RADIOACTIVITY ANALYSIS - Sam le o- oaretlon rn- .:trier t.. "..n ..ter (.roles + y -n-rr. •n Il;r,t nar ✓, +RIORITY POLLUTANT - SIMI, preparation !or nth.r than ..ter s,-Ies hey r -gaup an ad,l- cnarun. 61.600 BACTEROLUGICAL AND BIOLO(i1CAL ANALYSES ,bol Collfornl, !.cal IS.UV 'taw le .DOS +ltroscppic '..mina(•on .602 r- oillorm, total . . . IS .UO /taro.( --it' Photo Nlcrograpn. 50 .UU; serole .61 Sta an d-rd Plate Count 0.OU /seroie .407 3♦ccenal (nen[Ir1l Ation Uunte .M11 Fecal Str'rp1m.ccl iS,Jll /taro 1. ,DIIH 41 yar IIC n(If ICat liM +U hour .SUS Irnn Bacteria (algarl. lU.L)uj .role .,IUD ,nuq vinn ent rsU nn, ,.•,sits .Inn '•Ir n[Ifl, attnn - lu,.te '+1.:OU ;N,1[C i1tlN WELL COWATI81LITY .LSTI% .:DI Flpt_t[1ru Sanp le S!t -u V. i)11, 7U /iaro lr "u" t F1 o. -[situ . . 200.UUVd.V Paicle Slat Malysis to I .lc rpn . . . ZW.UU /tarole .: 0/ Aut ortectt vl ty lOO.UU /sarole ' ,105 watt a vConat! Reactl vlty. 150.UU/semple .: Ue d.ncn Scale Pretreat -.t . . . . 50,00 /hour One ly Ui df if /laent, precipitates, etc, at st.nnard ar•.Iytl,.i -O,t,. ').t. an.lysis and int eroretatip Der Schedule I. All aatea .voc ea 1 :.5. lnllars .;vUE RGxOUND 3E $f,u CE NI'SAGE °EST, :NC. %499 -d Ce0'tal of 'eias -•i 9n.., 511'328 -qun l 1EVISE1 °arcr, : +P) T EXHIBIT r STATE OF TEXAS, § IN THE DISTRICT COURT OF § Plai lit ifI, § V. § LAMAR COUNTY, TEXAS § CITY OF PARIS, J Defendant. § 6TH JUDICIAL DISTRICT JUDGMENT BE IT I'EMEMBERED that on the 26th day of September , 1983, came on to be heard the above entitled and numbered cause, in which the State of Texas, for and on behalf of the TF -xas Department of Heal.tn, is Plaintiff, and the City of Paris is Defendant; said cause being an action prosecuted by Plaintiff against Defendant for alleged violations of the Texas Solid Waste Disposal Act, Article 4477 -7, V.T.C.S.; and came the Plaintiff, by and through its attorneys of record, and came the Defendant, by and through its attorneys of record. It was thereupon made known to the Court that, subject to the approval of the Court, Plaintiff and Defendant had a recommendation to the Court to resolve these matters, and the parties having jointly announced to the Court that they recommend Judgment be entered as is hereinafter pro- vided, the Court, after reviewing the recommended Judgment, is of the opinion that said Judgment will dispose of this cause in a manner consistent with the intent and purpose of the Texas Solid Waste Disposal Act, together with the rules and regulations pro- mulgated pursuant thereto by the Texas Department of Health. It is, therefore, ORDERED, ADJUDGED AND DECREED that the Defendant, City of Paris, its officers, agents, and employees, are enjoined as follows: I. Defendant is immediately and permanently enjoined from accepting solid waste at its 161.5 acre solid waste disposal site on Stillhouse Road, three miles northeast of Loop 286, in Lamar County, Texas, unless authorized to do so by a solid waste dis- posal permit issued by the 'Texas Eepartment of flealtn, and shall i - i take affirmative measures, to prevent ponding on the site. I1. Defendant is mandatorily enjoined by January 1, 1985 to apply a final cover of soil at the Stillhouse Road site as follows: A. The first one and one -half feet or more of cover shall be of a sand /clay mixture compacted in layers of no more than six inches. B. The final six inches of cover shall be of topsoil which will sustain the growth of vegetation. III. Defendant is mandatorily enjoined by January 1, 1985 to grade the Stillhouse Road site as follows: A. The final cover gradient on top of the fill shall not exceed 4 percent (4 feet vertical to 100 feet horizontal!). B. Side slopes of the final cover shall not exceed a 25 per- cent grade (1 foot vertical to 4 feet horizontal). IV. Defendant is mandatorily enjoined by May 1, 1985 to establish vegetation upon the final cover at the Stillhouse Road site. V. Defendant is mandatorily enjoined to maintain the Stillhouse Road site by repairing erosion, maintaining a proper grade in accordance with Paragraph it[, and maintain vegetation, for a period of five years from the date of entry of this Judgment. V1. iDefendant is mandatorily enjoined to prepare and file by I November 1, 1983 an Affidavit to the Public in the Office of the Lamar County Clerk. The affidavit shall include a legal descrip- tion of the ro ert on which the site is located and shall P � Y i specify the portions of the site filled with solid waste. The affidavit shall include a notice that any future owner or user of the site contact the Texas Department of Health, Bureau of Solid Waste Management, 110Q West 49th Street, Austin, Texas 78756, p rior to initiating any activity involving the disturbance of the landfill cover or monitoring system. ' I -2- Defendant. is IT,,-Inda.t. ?r l int,d Lo i "il?ioy a consultant recognized as an authority and experienced in groundwater hydro -i logy for the purpose of evaluating the direction and rate of flow of shallow groundwater beneath the Stillhouse Road sanitary land- fill site and the immediate surrounding area. All parties shall promptly inform the consultant of allegations and facts concerning wastes buried at the site. The consultant shall prepare a report which recommends the number, location, depth, and construction specifications of the monitor wells or such other recommendations as the consultant deems advisable and appropriate to monitor migration of wastes buried at the site. Supporting geotechnical and hydrological evidence shall be submitted with the recommenda- tions. The Defendant shall submit a copy of the consultant's report to the Chief, Bureau of Solid Waste Management, Texas D(�partment of H1 _,al th, not l at 4.,r t_h,in October 1, 1984. The Chief, Bureau of Solid Waste Management, Texas Department of Health, may accept or modify the recommendations of the consultant. Such recommendations, as accepted or modified by the Bureau of Solid Waste Management, shall be implemented within ninety days after receipt by the Defendant of the accepted or modified recommendations from the Texas Department of Health. Vill. Defendant is mandatorily enjoined to collect water samples from each of the monitor wells every three months for a period of nine months, and thereafter once each year until the year 2015. These samples shall be sent to a laboratory and analyzed for the following: Lead Chromium Cadmium Mercury Volatile Organics Total Organic Carbon Total Organic halogen The report of the analysis shall include four replicate determina- tions of the concentrations of total organic carbon content and of total organic halogen content. Each replicate measurement shall be reported. Defendant shall instruct the laboratory to send ttie t _,I i L 1(i Nast - e M -ina,ijein(_`nt , Texas Dr,i)artment ;F 1i "')'tr1, 1;10 V, ;t 49th Street, Austin, 78756. IX. Plaintiff, 'Texas Department of Health, reserves the right to r., petition the court for further injunctive relief in the event the i results of the samples indicate a threat to the public health and the environment. 0 Defendant acknowledges that the foregoing injunction shall be binding on heirs, successors, and assigns and is sufficiently detailed and specific to comply with the requirements of Rule 683, Texas Rules of Civil Procedure, and waives the necessity of service of a writ of injunction. SIGNED this 26th day of September 1983. /s/ Henry Braswe JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED: JIM MATTOX Attorney General of Texas DAVID R. RICHARDS Executive Assistant Attorney General JIM MATHEWS Assistant Attorney General Chief, Environmental Protection Division DAVID J. REISIER SBN 16245800 j Assistant Attorney Genera] P. O. Box 12548 Austin, Texas 78711 (512) 475 -4143 ATTORNEYS FOR THE STATE OF TEXAS T. K. HAYNES — ` - - - - -- -- - - -- SBN City Attorney City Hall Paris, Texas 75460 �J D. McLAUGHL& (.JSI3N McLaughlin, Hutchison & [hunt 38 1st N.W. Paris, Texas 75460 (214) 785 -1606 ATTORNEYS FOR THE CITY OF PARIS �� - -A - *qjt Mayor Graham called for receipt of kids for Fire Protective_ Clothing for the Fire Department, and the following bids were presented- Coseo industries Cairn Coat and Pants $4,500.00 Optional Collar Break @ $7.00 ea. 140.00 90 day Delivery $4,640.00 W. H. Lefty Lumpkin & Assoc Jamersville Coat and Pants $4,934.00 60 Way or less Delivery Chief Fire and Safety Globe Coat and Pants $4,958.00 75 days Delivery Fire Protection Service Co. $4,999.00 70 days Delivery Halprin Supply Co. Lettering @ .59 each $5,272.00 Body Guard Coat & Paint 60 - 90 days Delivery Texas Firefighters & Safety Equip. Co. $6,178.61 Body Guard Coat & Pants 60 - 75 day Delivery Emergency Products, Inc. No Bid A motion was made by Councilman McWaters, seconded by Councilman Fisher awarding the bid to the low bidder, Casco Industries in the amount of $4,640.00. The motion carried 7 ayes, 0 nays, Mayor Graham called for the receipt of bids for a Tile Floor at the'!W!atcr Treatment Plant. Discussion was had on the list of bidders Presented to the Council, and all bids were rejected due to major businesses not bidding the contract. Mayor Graham called for the receipt of bids for a tractor mower. All bid's were.rejected and the Council instructed the City Staff to re- bid the item at a future Council meeting. i Mayor Graham called for the receipt of bids for an Automobile assigned th the "ntilities Division, and the following bids were received: McDougall Olds $6,894.54 bids for 4 � ton net 45 days David Glass Motors $7,118.4-6 following bids were nct 60 days Lowry Chevrolet Inc. $7,250.00 Per Truck not 90 days Kosterman Motor Co., Inc. $7,299.00 Kosterman Motors net 4 -6 weeks Bill Booth Motors Inc. $7,398.75 $7,950.00 net 45 -90 days A motion was made by Councilman Wilson, seconded by Council Fisher- - awarding the bid to the low bidder, McDougall Olds in the amount of $6,894.54. The motion carried 7 ayes, 0 nays. Mayor Graham called for the receipt of bids for an Ambulance for the Emergnecy Medical Service and the following bids were presented: With Trade -in W!0 Trade -In Superior Remount $40,07.00 $43,757.00 Summers Ambulance t37,710.00 $44,757.00 Superior Southwest $:16,136.00 $43,757.00 A motion was made by Ccunciman Wilson, seconded by Councilman Ware to award the bid to the Summers Ambulance in the amount of $37,710100 which included trade -in. The motion carried 7 ayes, 0 nays. Mayor Graham called for the receipt of bids for 4 � ton pickups for Public Works and Community Development Department, and the following bids were presented: $10,564.00 Lowry Chevrolet 90 Delivery Per Truck Total Glass Motors 60 Days $7,487.65 $29,950.60 Kosterman Motors 45 Days $7,657.00 $30,628.00 Lowry Chevrolet 90 Days $7,950.00 $31,800.00 Rill Booth Motors 90 Days $7,857.96 $31,431.84 A motion was made by Councilman Warp, seconded by Councilman Bell to award the hid to the low bidder, Glass Mctors in the amount of $29;950.60. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. Mayor Graham called for the tabulations of bids for one 3/4 Ton Truck assigned to the Garage, and the following bids were presented: Staff recommcnd,cd the bid to be awared to Kosterman Motors, Kosterman meeting all specifications ;;ith the exception of tire size. A motion was made by Councilman Wilson, seconded by Councilman Fisher awarding the bid to Kosterman Motors; The motion carried 6 ayes, 1 nay, Council- man McWaters voting nay. City Manager Doty requested authorization to advertise for bids for the following items for the Fire Department: Protective breathing Equipment, Walkie Talkies, Flamima�le Liquid Detector; Replacement for 1979Nova with 70,000 plus miles; Entry Door Central Fire Station; Vacuum Cleaner. City Manager Doty advised the Council that the items had been inadvertently omitted from the Budget, and that the items would necessarily have to be taken from the Contingent Appropriation Account. A motion was made by Councilman Fisher, seconded by Councilman Hoog authorizing taking of bids. The motion carried 7 ayes, 0 nays. Resolution No. 80 -071 casting the City's for membership on the Board of Directors District of Lamar County .•:as presented. man Fisher, seconded by Councilman Bell The motion carri--d 7 ayes, 0 nays. 885 votes for James Wilkins for the Tax Appraisal A motion was made by Counil- for adoption of the Resolution. Delivery Bid Glass Motor 60 Days $ 9,995.56 Kosterman Motors 45 Days $10,564.00 Lowry Chevrolet 90 days $10,997.33 Bill Booth Motors 90 Days $10,567.02 Staff recommcnd,cd the bid to be awared to Kosterman Motors, Kosterman meeting all specifications ;;ith the exception of tire size. A motion was made by Councilman Wilson, seconded by Councilman Fisher awarding the bid to Kosterman Motors; The motion carried 6 ayes, 1 nay, Council- man McWaters voting nay. City Manager Doty requested authorization to advertise for bids for the following items for the Fire Department: Protective breathing Equipment, Walkie Talkies, Flamima�le Liquid Detector; Replacement for 1979Nova with 70,000 plus miles; Entry Door Central Fire Station; Vacuum Cleaner. City Manager Doty advised the Council that the items had been inadvertently omitted from the Budget, and that the items would necessarily have to be taken from the Contingent Appropriation Account. A motion was made by Councilman Fisher, seconded by Councilman Hoog authorizing taking of bids. The motion carried 7 ayes, 0 nays. Resolution No. 80 -071 casting the City's for membership on the Board of Directors District of Lamar County .•:as presented. man Fisher, seconded by Councilman Bell The motion carri--d 7 ayes, 0 nays. 885 votes for James Wilkins for the Tax Appraisal A motion was made by Counil- for adoption of the Resolution. RESOLUTION NO. 83 -071 WHEREAS, the City Council of the City Paris, has been furnished a list of the candidates for membership on the Board of Directors for the Tax Appraisal District of Lamar County; and, WHEREAS, the City Council is desirous of casting the City of Paris' eight hundred and eighty -five (885) votes for James Wilkins; NOW, THEREFORE, r; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF f 1 PARIS, that the City of Paris's eight hundred and eighty -five (885) votes be and the same, are hereby cast for James Wilkins; and, BE IT FURTHER RESOLVED that H. C. Greene, City Clerk execute and deliver the City of Paris ballot as heretofore directed. Passed and adopted this 14th day of November, 1983. J ATTEST: X4-"# f d H. C . G ene , i ty'C e_r c_ APPROVED TO FORP1: r'- . K. a es, City Attorney 53 Mayor Graham called for discussion on the appointment of a Fiscal Agent for a proposed Bond Issue. City Manager Doty requested the Council attention to a memorandum from H. C. Greene, Director of Finance concerninn Financial Consultants and showing summaries of four proposals received by the City, After discussion a motion was made by Councilman Wilson, seconded by Councilman Bell appointing the Rauscher Pierce 4efsnes, Inc. as Fiscal Arent for the City of Paris for the proposed Bond issue. The motion carried 7 ayes, 0 nays. City Manager Doty requested direction for the Council concerning the contract for specification and design on a transfer station. City Manager Doty expressed his understandinn that the Council wished to formerly terminate the contract with Hunter Associates Inc. and to withdraw the Texas Department of Health Transfer Station Application. After discussion, a motion was made by Councilman Fisher. seconded by Councilman Hoog to formerly terminate the contract of Hunters and Associates Inc. and to formerly withdraw the Application with the Texas Department of Health Transfer Station Application. The motion carried 4 ayes, 3 nays, Councilman Wilson, Councilman McWaters, and Mayor Graham voting nay. Mayor Graham announced that the Council would no into executive session to discuss personnel matters, and the regular session was declared closed, and the executive session open. Personnel matters were discussed with the City Attorney, and The City Manager. Mayer Graham declared the executive session closed and the reguiar session open. There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST: H. C. GREENE, CITY CI'ERK i {I MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION MONDAY, NOVEMBER 7, 1983 7:00 O'CLOCK P.M. COUNCIL ROOM - CITY HALL PARIS, TEXAS AGEN oA ITEM The Planning and Zoning Commission met in regular session Monday, November 7, 1983 at 7:00 P.M. with the following members present: 1. Freddy Swaim, Chairman 4. Bruce McMonigle 2. Bill Davidson 5. Ronnie Nutt 3. Jacob Hildreth 6. Dwight Wool�ton Staff members present were Tom Pine, City Engineer and Joe McCollum, Director of Community Development. Chairman Swaim called the meeting to order and the minutes of the October 3, 1983 meeting were approved as presented. Chairman Swaim declared the public hearing open and continued on the petition of Garry Davis for a change in zoning from a Two Family Dwelling District (2F) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 1 and 2, Block 6, Gibbons Park Addition located on the southwest corner of Cedar Street and 8th S.E. Mr, McCollum reported on the water and sewer service in the area which had been brought up by opponents of the request at the last meeting. He said his investigation revealed a definite deficiency in water service in the 700 block of Cedar and Oak Street because of 2" or smaller lines serving the area. He said no major sewer problem has occurred in this area in the last three years according to water and sewer department records. Mr. Davis restated his plans to construct an apartment building on the property containing 3, 1 bedroom units and argued that under the present 2F zoning he could build a duplex on each lot. Mr. and Mrs. Bill Eudy spoke in opposition and resubmitted a petition signed by approximately 20 area residents voicing objection to apartment zoning. They stated the 3, 1 bedroom apartments would likely attract more transient residents than a duplex dwelling. They both stated that there was an almost constant sewer leak at 8th and Jackson and not enough water volume to serve the area. No one else spoke and the public hearing was closed. Discussion followed and Mr. Nutt moved to!:rec6mmend denial of the request. Mr, McMonigle seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of D. Wayne Brown for a change in zoning from an Agricultural District (A) to a Multi - Family Dwelling District No. 1 (MF -1) on a 28.27 acre tract of land part of Lot 9, City Block 317, located on the east side of 36th N.E. at Clement Road. t f t' L 4 •r Mr. Brown was present and stated his plan to develop the property for low density residential which may consist of town house type dwelling or small multi - family structure on separate lots. He stated there was presently no sanitary sewer service to the property and that it could not be developed as planned without it. He said if the zoning were approved he could afford to begin engineering plans for the development. He said he felt the property lent itself to this type of development being adjacent to the Elk's Lodge and the Elk Hollow Golf Course. Buck Radar spoke in opposition to the change stating that there were some quality single family houses being built in the area and he would prefer development remain single family. Mr. McCollum read a letter from Joe Lancaster stating his objection to the zoning change until sanitary sewer service is provided. There was no other testimony and the public hearing was closed. A motion was made by Mr. Davidson to recommend approval. Mr. Woolston seconded the motion which carried 6 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Paris Savings and Loan Association for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development District - Housing or Community Unit Development (PD -b) on the south 250 feet of Lots 18 -A,and 19, City Block 249 located on the east side of Collegiate Drive, 435 feet south of Lamar Avenue. Brad Hutchison, attorney, represented the applicant stating the Association had a contract to purchase the property contingent upon the proposed zoning being approved. He said a new banking facility was planned for the corner of Lamar and Collegiate but the land purchase can only be justified if the residential portion can be developed as proposed. He presented a site study showing 21 living units, one story construction, utilizing the 250 foot presently zoned SF -2 and approximately 130 feet of the portion presently zoned General Retail. He said a detailed Site Plan would be presented for approval at a later date if the zoning were granted. Adjacent property owners would be notified and given an opportunity to comment on the Site Plan. Several persons were in attendance and asked questions about the proposed development. Franklin Kyle, 2845 Hubbard was concerned about how close the units would be to his rear property line and if they would be limited to single story construction. Marcus Roden, Bill Felty and Charles Theilman also has questions. Mr. Hutchison said the units would be one story and would be offered for sale in the $76,000 to $110,000 range and would be restricted against rental. He said the building set back lines would be established by the Site Plan. There were no additional comments and the public hearing was closed. Following discussion Mr. Nutt made a motion to recommend approval., Mr. Hildreth seconded the motion which carried 6 ayes, 0 nays. r, Chairman Swaim declared the public hearing open on the petition of Eddie Vincent for a change in zoning from a One Family Dwelling District No. 3 (SF -3) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 17, 18 and 19, Block A and Lots 41, 42 and 43, Block B of the proposed Windsor Estates located north of Pine Mill Road and east of Loop 286 N.E. Mr. Vincent was present and stated the six lots were north of Paris Lumber Co. and east of the Comfort Inn motel which is under construction and would buffer the proposed single family homes in the subdivision from the Commercial development to the west. There was no one else present to speak on the matter and the public hearing was closed. Discussion followed and Mr. Woolston made a motion to recommend approval of the petition. Mr. Hildreth seconded the motion which carried 6 ayes, 0 nays. Mr. Pine presented the final plat of Willowcrest Addition Part 2 and advised the Commission of several information items which needed to be placed on the plat. He stated that the construction work had not been completed in the subdivision and he recommended approval subject to completion or provision of bond to insure completion. Discussion followed concerning the amount of work to be done in the sub- division and the Commission felt the improvements should be substantially complete before approval. _ Mr. Woolston made a motion to table action on the final plat of Willowcrest, Part 2 until the next meeting to allow time for additional work to be accomplished on the required improvements. Mr. McMonigle seconded the motion which carried 6 ayes, 0 nays. Mr. Pine presented the final plat of Suzuki Properties and pointed out several items which needed to be addressed on the plat and stated that the construction work was not complete in the subdivision. He recommended approval subject to completion of the required improvements or provision of bond to insure completion. Mr. Woolston made a motion to table action on this plat until the next meeting to allow more time to complete the improvements. Mr. McMonigle seconded the motion which carried 6 ayes, 0 nays. The Replat of Lot 3, City Block 188 -C and the replat of Lot 4, City Block 188 -C were presented together due to their close proximity in location. Mr. William.Vaughan, owner and developer of the property, addressed the Commission telling of the existing conditions on Sycamore Street and 8th S.E. which the proposed lot would front on. He saic' that Lot 3 fronted on Sycamore which had no paving and Lot 4 fronted on 8th S.E. which had an asphalt type paving. He said he had approached other land owners on these two streets about an assessment program to curb and gutter and pave the streets but was unable to gel= any committments. He requested approval of his plats and waiver of the curb and gutter requirements. J Mr. Pine pointed out a potential problem with maintenance of the proposed 40' access and utility easement to the back portion of Lot 4, City Block -'' 188 -C and explained to the Commission the policy of the City concerning improvements permitted to streets such as Sycamore where no paving exists. i Following a lengthy discussion Mr. Woolston made a motion to recommend approval of the two replats subject to compliance with the applicable provisions of the subdivision regulations with the waiver of curb and gutter requirements in accordance with Section XVI (B). Mr. Nutt seconded the motion which carried 6 ayes, 0 nays. The Replat of Lot 2, City Block 279 was approved on a motion by Mr. Woolston, seconded by Mr. Davidson subject to the recommendation of the City Engineer contained in Memorandum dated November 7, 1983 marked Exhibit A and attached hereto. The motion carried 6 ayes, 0 nays. The Preliminary Plat of "The Woods" was presented by Mr. McCollum and by Lowry Carrington owner of the property. Mr. McCollum stated that plat provides for the termination of Pride Circle in a cul de sac as opposed to its extension to Clarksville Street. Because of the zoning of'the property such an arrangement may be detrimental to the property owners on the existing dead end section of Pride Cricle. Mr. Nutt made a motion to table the matter to allow the owner to consider alternate solutions. Mr. Woolston seconded the motion which carried 6 ayes, 0 nays. With no further business to consider, the meeting was adjourned. Joe N. McCollum Secretary ex officio _j 4 MIIIWiWWei November 7, 1983 MEMORANDUM TO: Chairman, Planning & Zoning Commission FROM: City Engineer REPLAT LOT 2, CITY BLOCK 299 (PARIS PLAZA SHOPPING CENTER) I have reviewed the subject replat drawing and I have found no discrepancies other than this plat needs to be identified with a statement to the effect . that acceptance of this easement does not obligate the city for the mainten- ance of any utility lines or appurtenances therein. The city's acceptance of this plat is for purposes of insuring that the utilities are built in accordance with the approved standards and specifications; and, for the purposes of installing, reading, and servicing necessary utility meters. I recommend that this replat be approved subject to the above requirement. Tom Pine cc:Developer & Consultant EXHIBIT A t y 1_ � I 2� 1 N LU y i CEDAR F-T- te L 3i 311 r 5 0 1 wz —7-7 - -T-i-- Li 1---7—T----7— —T— j '4) . . .............. 12 rl�F I E . OAK GT. NORTH ZCALt v, ::2oo' ZONINC, CIAOLMCarc KEQUEA.T GA A K K 4 VAI I S 0 cTo lbt'K' 3, v; 46 3 YIW tj .v 0 j 0 1 N LU y i CEDAR F-T- te L 3i 311 r 5 0 1 wz —7-7 - -T-i-- Li 1---7—T----7— —T— j '4) . . .............. 12 rl�F I E . OAK GT. NORTH ZCALt v, ::2oo' ZONINC, CIAOLMCarc KEQUEA.T GA A K K 4 VAI I S 0 cTo lbt'K' 3, v; 46 3 NORTH 3CALI! I":: Lioo' IVAq NOVEM6ER 71198--:�) i F�. 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""_-- ---- i I .— TI 7 r e 3;'; I d � r 1 Glenn N }-� I I CD I I :1 L' NORTH SGALC 1";: 20�' ZON I NCa CHPANCGE REQUEST JOHN MNUt�WE-L..L 19 b #4 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL November 22, 1983 The City Council of the City of Paris met in special session, Tuesday, November 22, 1983, 7:00 P. M. Mayor Graham called the meeting to order with the following Councilmen present: Donald G. Wilson, Gene McWaters, Jr., Jeff Hoog, Nathan Bell, George Fisher, and A. L. Ware Also present were City Manager, David H. Doty, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Graham announced that the first order of business would be consideration of a replat of Lot 3, and Lot 4, City Block 188 -C. Mr. Bill Vaughn, City Engineer Tom Pine, and Director of Community Development Joe McCollum all appeared before the Council to discuss the replat. After considerable amount of discussion, a motion was made by Councilman McWaters, seconded by Councilman Hoog to approve the replat of Lot 3, City Block 188 -C subject to gravel and seal coat on Sycamore Street, and an assessment program be attempted to be worked out by the Developer and other interest abutting property owners and city staff, and that acertificate be made by the Engineer- ing Department that Sycamore Street is a dedicated Street. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. A motion was made by Councilman Wilson, seconded by Councilman Bell approving the replat of Lot 4, City Block 188 -C subject to the recommendations and requirements of the City Engineer and deleting access easement. The motion carried 6 ayes, 1 nay, Councilman Fisher voting nay. ' Director of Community Development, Joe McCollum presented a replat of Lot 2, City Block 299. A motion was made by Councilman Wilson, seconded by Councilman Hoog approving the replat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Director of Community Development Joe McCollum presented and discussed Southern Building Code 1983 Addition. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Bell authorizing the preparation of an Ordinance adopting the Code. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Fisher authorizing the preparation of an Ordinance adopting the Plumbing Code with certain changes recommended by the staff. The motion - carried 7 ayes, 0 nays. A motion was made by Councilman Ware, seconded by Councilman Fisher authorizing the preparation of an Ordinance adopting the Stardard Fire Provisions Code, 1982, with amendments including our language on burning. The motion carried 7 ayes, 0 nays. i Mayor Graham announced that the Council would go into executive session to discuss personnel matters. The regular session was declared closed and the executive session open. r, _ 67 Mayor Graham declared the executive session closed and the regular session open. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK JOE GRAHAM, MAYOR MINUTES OF THE REGULAR. MEETING OF THE CITY COUNCIL December 12, 1983 The City Council of the 1983, 7:00 P. M. in the i ng to order with the f, Fisher, Jeff Hoog, Gene Manaqer, David H. Doty, McCollum. City of Paris met in regular session, Monday, December 12, Council Room of City Hall. Mayor Graham called the meet - Dllowinq Councilmen present: Donald G. Wilson, George McWaters, Jr. and Albert Ware. Also present were City City Attorney, T. K. Haynes, and Acting City Clerk, ,Joe Prayer i.-,,as offered by Rev. Danny Woody of the Victory Baptist Church. Mayor Graham asked if there were any corrections to the minutes of previous meetings and there being none, the minutes were approved as presented. Mrs. Barbara Fendley appeared before the Council, asking that steps be taken to control or regulate the removal of trees when develowment occurs. She requested the Council share her concern and apnloximately 12 other persons in attendance and ask if the Council would consider an Ordinance if one were presented for consideration. Mayor Graham voiced his concern and ask them to present an Ordinance for review. Mr. William Walker, 663 23rd S. E. requested the Council's consideration of a drainage problem near his home which makes it difficult to use his drives -ray after a rain. He explained the situation and Mayor Graham advised him that the project would be high priority on a list of drainage projects to be considered in January. Mr. Bob Staples appeared before the Council requesting release of a $2,506.00 escrow account for curb and gutter along 36th S. E. � -.hich was deposited at the time Audubon Estates was developed. He said there was no desire then nor at this time of the residents for curb.and gutter along the street. Mr. Doty noted that at the time of plat approval, City staff and the Planning and Zoning Commission had recommended waiver, of the curb and gutter requirements. He said there had been no change in the staff recommendation. Councilman ,fl lson made a motion tc refund the escroh, account, Councilman Hoo, seconded the motion which carried 6 ayes, 0 nays. Mayor Graham announced that the next order of business would be consideration of recommendations made by the Planning and Zoning Ccmmission and requested a motion to reccivc the minutes of the Commission. Councilman Wilson made a motion that the minutes of the Planning and Zoning Commission, December 5, 1983 and the Planning and Zoning Commission recommendation and report dated December 7, 1983 be received and filed for record. The motion was seconded by Councilman Fisher and carried 6 ayes, 0 nays. The minutes of the Planning and Zoning Commission are attached here to as part of the Council minutes. Mayor Graham declared the public hearing open or. the petition of Willard !?'Neal Boyd for a change in zoning from a One Family Dwelling District No. 3 (SF -3) to a O ,ne Family Dwelling District No. 3 (SF -3) and Specific Use Permit -Day Care Center (25) on Lot 9R, City Block 281 located on the west side of 17th N.E. in the 1700 Block. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared and the public hearing was closed. ORDINANCE NO. 83 -071 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 -DAY CARE CENTER (25) ON LOT 9 -B CITY BLOCK 281, ON PROPERTY BELONGING TO WILLARD O'NEAL BOYD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT -DAY CARE CENTER (25) SO ESTABLISHED. was presented. A motion was made by Councilman Hoog, seconded by Councilman Ware for adoption of the Ordinance. The motion carried 4 ayes, 1 nay. Councilman Wilson voting nay and Councilman Fisher being out of the room. Mayor Graham declared the public hearing open on the petition of Ronnie Snowton for a change in 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 12, Block 0 East Park Addition located at 1441 12th N. E. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared, and the public hearing was closed. ORDINANCE NO. 83 -072 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 DISTIRCT NO.3 (SF -.3) AND SPECIFIC USE PERMIT - MOBILE HOME(39) ON LOT 12, BLOCK 0, EAST PARK ADDITION TO THE CITY OF PARIS, ON PROPERTY BELONGING TO RONNIE SNOWTON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT - MOBILE HOME (39) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Ware for adoption of the Ordinance. The motion carried 4 ayes, 1 nay with Councilman Wilson voting nay and Councilman Fisher being out of the room. Mayor Graham declared the public hearing open on the petition of Leroy Reed for a change in 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 6 and 7, Block 1, Colonial Addition located at 1710 W. Walker Street. Mayor Graham called for proponents to appear and none appeared. 69 �kY Mayor Graham called for opponents to appear and no one spoke though therewere several persons in the audience opposing the change. Mr. Haynes reminded the Council that because the petition had been denied by the Planning and Zoning Commission, a 4 -1 vote would be necessary to overrule their decission. Following dicusssion, Councilman Wilson made a motion to deny the petition. Councilman Hoog seconded the motion which carried 5 ayes, 0 nays. Councilman Fisher being out of the room. Mayor Graham declared the public hearing open on the petition of Roger Wayne Barnes for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on the north 1/2 of lots 6, 7, and 8, Block 6, Sperry's First Addition located at 558 28th N. W. Mr. Haynes advised that since the Planning and Zoning Commission had continued their hearing and tabled action on this petition pending a legal opinion, the Council should take simular action. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared and Councilman McWaters made a motion to continue the hearing and table action pending a recommendation from the Planning and Zoning Commission. Councilman Hoog seconded the motion which carried 5 ayes, 0 nays. Councilman Fisher being out of the room. Mayor Graham declared the public hearing open on the peitition of Loyd G. Melvin for a change in zoning from an Agricultural District (A) to a one family dwelling district No. 2 (SF -2) on a 9.55 acre tract of land located on the east side of 3rd S. E., approximately 600 feet north of loop 286 S. E. Mayor Graham called for proponents to appear and none appeared. Mayor Graham called for opponents to appear and none appeared. Mr. McCollum advised that permanent SF -2 zoning was necessary for the residential subdivision being developed by Mr. Melvin. Mayor Graham declared the public hearing closed and called for the Ordinance. ORDINANCE NO. 83 -073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAY OF SAID CITY, ESTABLISHING A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) ON A 9.55 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF 3RD S. E. STREET APPROXIMATELY 600 FEET NORTH OF LOOP 286 S. E., ON PROPERTY BELONGING TO LOYD G. MELVIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTIRCT NO. 2 (SF -2) SO ESTABLISHED. was presented. A motion was made by Councilman McWaters, seconded by Councilman Ware for adoption of the Ordinance. The motion carried 5 ayes, 0 nays, Councilman Fisher being out of the room. The final plat of Suzeki Properties was presented. After discussion, a motion was made by Councilman Wilson, seconded by Councilman Hoog to approve the plat subject to three exceptions listed in City Engineer's Memorandum dated December 5, 1983 marked Exhibit A and attached to the December 5, 1983 Planning and Zoning Commission minutes. The motion carried 5 ayes, 0 nays, Councilman Fisher being out of the room. The final plat of Willowcrest Addition Part 2 was presented and after discussion, a motion was made by Councilman Wilson, seconded by Council- man Ware to approve the plat subject to the exceptions listed in City Engineer's Memorandum dated December 5, 1983, marked Exhibit B, attached to the December 5, 1983 planning and Zoning minutes. The motion carried 5 ayes, 0 nays, Councilman Fisher being out of the room. Mayor Graham called for the reading of an Ordinance authorized at the last meeting amending the subdivision regulations. ORDINANCE NO. 83 -074 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 1315 OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISION SECTION III OF SAID ORDINANCE; PROVIDING THAT AN ERRONEOUS REFERENCE TO FINAL PLAT BE CHANGED TO PRELIMINARY PLAT; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVID- ING FOR AN EFFECTIVE DATE OF JANUARY 1, 1984. (— was presented. A motion was made by Councilman McWaters, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 5 ayes, 0 nays, Councilman Fisher being out of the room. Councilman Fisher rejoined the meeting at this point and took his seat at the Council table. City Attorney Haynes presented the following petition for rezoning: James W. Farris from an Agricultural distirct to a Commercial District on a 8.62 acre t,ra.et' located on the east side of Loop 286 S. E., South of Lamar Avenue; Sam Gentle from a One Family Dwelling District No. 2 to a Multi- Family dwelling District No. 1 on Lot 7 and 8, City Block 255 -A located at 2635 and 2645 E. Price Street; Monte M. Moore from a One Family Dwelling District No. 2 to a Commercial District on Lot 8, City Block 222 -B, located at 69 N. E. 27th; Ronald Billman from a Multi - Family Dwelling District No. 1 to a General Retail District on Lot 16 and 17, City Block 220 located at 1705 and 1719 E. Houston; Joe F. Shelton from a One Family Dwelling District No. 2 to a General Retail District on Lots 3 and 4, City Block 264 located on the South- west corner of Blake Road and 20th N. E. Mayor Graham referred the requests to the Planning and Zoning Commission for a public hearing on January 3, 1984 and called for a public hearing before the City Council on January 5, 1984 at 5:15 P.M. l � t Tf' , i 1 s s Mayor Graham announced the next item was consideration of a policy regarding the testing of Portland Cement used in street improvements. Several persons were present to comment on the policy. Jim Bell, representing the Homebuilders Association voiced his concern that the testing proposed would increase housing costs. Eric Clifford stated there is a price factor to consider and accurate test results are difficult to achieve. Brandon Chaney stated the frequency of tests would be excessive. The role of the concrete supplier for quality and strength of the product was discussed. City Mananger Doty said the objective was quality control and the City would appreciate any suggestions for alternate procedures. Following discussion, Councilman Fisher made a motion to table action and seek suggections from the Homebuilders, see what other area cities are doing to control quality and receive suggestions for alternate methods from Consulting Engineers. Councilman Wilson seconded the motion which carried 6 ayes, 0 nays. City Manager Doty and Engineer John Buss submitted information relative to the Step II Wastewater Treatment Plant Facility Grant stating that the plans would be delayed until more pressing wastewater items could be taken care of. They said they would advise TDWR that no further action would be taken on the grant at this time unless Council directed differently. Council agreed with staff proposal. Mayor Graham announced the next item was consideration of an Ordinance annexating the 19.6 acre tract of landknown as "The Meadows" subdivision, ORDINANCE NO. 83 -075 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 19.607 ACRES, MORE OR 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, AND PROVIDING ZONING FOR SAID TERRITORY. was presented. A motion was made by Councilman Wilson, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham next call for the reading of an Ordinance authorizing stop signs on Fairfax at 11th N. E. and 14th N. E. and on Belmont at 11th N.E. ORDINANCE NO. 83 -076 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING THE TRAFFIC- CONTROL DEVICE MAP ADOPTED IN PARAGRAPH(b) OF SECTION 29 -80 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1984. was presented. A motion was made by Councilman Fisher, seconded by Councilman Wilson for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Graham announced the next item was to consider the request of r-- Kim Kirby to close a portion of 36th N. W. South of West Houston St. ► Foilowing.discussion, Councilman Fisher made a motion to authorize the City Attorney to prepare the necessary documents for consideration at the next meeting. Councilman McWaters seconded the motion which carried 6 ayes, 0 nays. Mayor Graham called for receipt of bids for a tractor -mower for the Utilities Division and the following bids were presented: Paris Implement Company $ 6,365.00 LaRue Ford Tractor $ 5,790.00 A motion was made by Councilman McWaters, seconded by Councilman Ware awarding the bid to the low bidder, LaRue Ford Tractor in the amount of $5,790.00. The motion carried 6 ayes, 0 nays. Mayor Graham called for receipt of bids for a tile floor at the Water Treatment Plant and the following bids were received: Plott Flooring Company $ 2,976.54 Crews Carpet $ 2,192.00 Jones Paint Stre $ 2,405.28 Deaton's Carpet Center $ 1,903.96 Smith Carpet $ 1,664.00 Highland Building Materials $ 1,569.56 A motion was made by Councilman Hoog, seconded by Councilman Wilson awarding the bid to the low bidder, Highland Building Materials in the amount of $1,569.56. The motion carried 6 ayes, 0 nays. Mayor Graham called for receipt of bids for an automobile assigned to the Fire Department. Discussion was had on the two bids and all bids were rejected because they exceeded the amount budgeted for the vehicle. 73 Mayor Graham announced that the Council would go into executive session to discuss personnel matters and the regular session was declared closed and the executive session open. Personnel matters were discussed with the City Attorney and the City Manager. Mayor Graham declared the executive session closed and the regular session open. Councilman Fisher moved that David H. Doty be appointed temporary City Clerk for the purpose of taking the minutes of the meeting in progress. Counciman Wilson seconded the motion which carried 6 ayes, o nays. Mayor Graham appointed the following Councilman to.serve on a City /Lamar County Water District Liaison Committee: Donald Wilson, Chairm,ap, A. L, Ware and Gene McWaters. Resolution No, 83 -072 re- appointing Nathan Bell as a member of the Visitors and gonvention Council of the Chamber of Commerce of Lamar County for a berm of two years beginning January 1, 1984 was presented. A motion was made by� n Wo oad o 1mn e for approval oi the Reolution The motioncarie 6ayesOnays WHEREAS, the the Visitors and Commerce of Lamar and, RESOLUTION NO. 83 -072 term of office of Nathan. Bell as member of Convention Council of the Chamber of County, will expire on December 31, 1983; WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of Nathan Bell for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of Nathan_ Bell, to serve as members of the Visitors and Convention Cou cil of the Chamber of Commerce of Lamar County, for a ter of two (2) years, beginning January 1, 1984, and ending December 31, 1985, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of December, 1983. oe Gra am, ayor ATTEST: H. e: -Grrdene, City Clerk APPROVED AS T FORM: T. K. a es, -,City Attorney Resolution No. 83 -073 appointing Lynn Hiett to serve the unexpired ! term of W. J. Johnson which ends June 30, 1984, and Zephanie Gibson to serve the unexpired term of Kevin Mangum which ends December 31, 1984 was presented. A motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. r 75 RESOLUTION NO. 83 -073 WHEREAS, there exists a vacancy on the membership of the Traffic Commission of the City of Paris due to the resignation of Kevin Mangum and the death of W. J. Johnson, and it is necessary to appoint their successors, and the Mayor of the City of Paris, Joe Graham, having appointed Lynn Hitt to serve unexpired term of W. J. Johnson which ends June 30, 1984 and Zephaniah. Gibson to serve the unexpired term of Kevin Mangum, which ends December 31, 1985, and has submitted the name of such persons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: that the appointment of Lynn Hitt to serve unexpired term of W. J. Johnson which ends June 30, 1984 and Zephaniah Gibson to serve the unexpired term of Kevin Mangum, which ends December 31, 1985, as members of the Traffic Commission of the City of Paris, are by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 12th day of December, 1983. ATTEST: HT C-7 re ne, —City�'�C lerk APPROVED AS TO FORM: orney a AL-"' AAIeWl, J e Graham, Mayor Resolution No. 83 -074 appointing Dorothy Smith for a term of two years, beginning January 1, 1984, and appointing Kyle Perry to serve the unexpired term of Skip Steely which ends June 30, 1985 to the Planning and Zoning Commission was presented. A motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 83 -074 WHEREAS, the term of office of Olivia Johnson as member of the Planning and Zoning Commission of the City of Paris, will expire on.December 31, 1983; 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 Skip Steely, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the appointment of Dorothy Smith, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; and the appointment of Kyle Perry to serve the unexpired term of Skip Steely, which ends June 30, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Dorothy Smith, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985 and the appointment of Kyle Perry to serve the unexpired term of Skip Steely, which ends June 30, 1985; as members of the Planning and Zoning Commission of the City Paris, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of December, 1983. (0 0" "�j J Graham, Mayor ATTEST: Y-11 reeve, ity er APPROVED AS TO FORM: '--j K. aynes, ity ttorney Resolution No. 83 -075 re-appointing Mrs. Print.is Ellis, and appointing Dr. Bill George to serve as members of the Advisary Board of Health of the City of Paris and Lamar County for a term of two years, beginning January 1, 1984 was presented. A motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 83 -075 WHEREAS, the terms of office of Mrs. Printis Ellis and Dr. Don Massey as members of the Advisory Board of Health of the City of Paris and County of Lamar, will expire on December 31, 1983; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of Mrs. Printis Ellis, and the appointment of Dr. Bill George, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of Mrs. Printis Ellis, and the appointment of Dr. Bill George, to serve as members of the Advisory Board of Health of the City Paris and County of Lamar, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of December, 1983. it e ra am, Mayor ATTEST: H. re ne, City Clerk APPROVED AS TO FORM: aynes, ity Attorney Approved by the Commissioners Court by adoption of the above resolution on the day of ' 1983, as reflected in Book Page of the Minutes of said Commissioners Court. Brady Fisher, County Ju ge Lamar County, Texas Resolution No. 83 -076 re- appointing George Crane, Thomas Robinson, and Morris Misso, and appointing James Hanson to serve as members of the Electrical Board for a term of two years beginning January 1, 1984. A motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. 70 RESOLUTION NO. 83 -076 WHEREAS, the terms of office of George Crane, Bill Adams, Thomas Robinson and Morris Misso as members of the Electrical Board of the City of Paris, will expire on December 31, 1983; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of George Crane, 1 Thomas Robinson, and Morris Misso, and the appointment of James Hanson, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of George Crane, Thomas Robinson, and Morris Misso, and the appointment of James Hanson, to serve as members of the Electrical Board of the City Paris, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of December, 1983. 0 al'6' Jr Graham,- Mayor ATTEST: nib APPROVED AS TO FORM: i aynes, City-Attorney Resolution No. 83 -077 re- appointing Cedric Townsend as Municipal Judge for a term of two years beginning January 1, 1984 was presented. A motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 83 -077 WHEREAS, the term of office of Cedric Townsend, as Municipal Judge in the City of Paris, will expire on December 31, 1983; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of Cedric Townsend, a resident of the City of Paris, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CC PARIS, that the re- appointment of Municipal Judge, for a term of two January 1, 1984, and ending December same is hereby approved and confirmed the City of Paris. )UNCIL OF THE CITY OF Cedric Townsend, as (2) years, beginning 31, 1985, be, and the by the City Council of Passed and adopted this 12th day of December, 1983. ATTEST: / ^1 Jpe Gra am, Iayor '116/*- X, - e: r ene, City Clerk APPROVED AS TO FORM: aynes, City Attorney Resolution No. 83 -078 re- appointing George Crane, under the classifica- tion of Electrician for a term of four years beginning January 1, 1984, Alton Hess, under the classification Plumber, and.the appointment of Wayne Brown and Lyndon Brown, under the Classification of Home Builder and Realtor respectively for a term of two years beginning January 1, 1984 to the Building Commission was presented, motion was made by Councilman Wilson, seconded by Councilman Ware for approval of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 83 -078 WHEREAS, the terms of office of Gene McWaters, Jr., Alton Bess, Johnny Bell, and George Crane as members of the Building Commission of the City of Paris, will expire on December 31, 1983; and, WHEREAS, the Mayor of the City of Paris, Joe Graham, does hereby recommend the re- appointment of George Crane, under the classification of Electrician for a term of four (4) years beginning January 1, 1984 and ending December 31, 1987; Alton Hess, under the classification Plumber; and the appointments of Wayne Brown and Lyndol Brown, under the classification of Home Builder and Realtor respectively, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of George Crane, under the classification of Electrician for a term of four (4) years beginning January 1, 1984 and ending December 31, 1987; Alton Hess, under the classification Plumber, and the appointments of Wayne Brown and Lyndol Brown, under the classification of Home Builder and Realtor respectively, for a term of two (2) years, beginning January 1, 1984, and ending December 31, 1985 be, and the same are hereby ap- proved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of December, 1983. O'S _"' AA,4�&Zmz J e Graham, Mayor ATTEST: re ne, City er APPROVED AS TO FORM: AT. K . aynes, ity Attorney Resolution No. 83 -079 authorizing the lease to Lamar County Human Resources Council, Inc. was presented. Councilman Ware made a motion seconded by Councilman Fisher for approval of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 83 -079 WHEREAS, the City Council of the City of Paris, wishes to continue to encourage the good work being done by Lamar County Human Resources Council, Inc.; and, WHEREAS, it will be in the best interest of the senior r-a citizens of Paris that the Senior Citizen Center lease be t renewed for a term of two years beginning January 1, 1984 rind ending December 31, 1985 in order thrit the Lamar County Human Resources Council, Inc. can continue to maintain a nutrition and recreation program for all senior citizens of Paris, Texas; and, WHEREAS, it appropriate that the lease of said premises be in the form of Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement in the form of Exhibit A attached hereto with Lamar County Human Resources Council, Inc. Passed and adopted this 12th day of December, 1983. J e Gra am, Mayor ATTEST; -'� X�� -A-C� - H. C:--- re ne, City C er APPROVED AS- TO FORM; . K. Haynes, City Attorney There being no further business, the meeting adjourned. JOE GRAHAM, MAYOR, CITY OF PARIS ATTEST; JOE MCCOLLUM, ACTING CITY CLERK i AGE EM MINUTES OF THE PLANNING AND ZONING COMMISSION DECEMBER 5, 1983 The Planning and Zoning Commission of the City of Paris met in regular session Monday, December 5, 1983 at 7:00 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Freddie Swaim, Chairman 2. Ozie Battle 3. Bill Davidson 4. Jacob Hildreth 5. Dwight Woolston Staff members present were Joe McCollum, Director of Community Development and Tom Pine, City Engineer. Chairman Swaim declared the public hearing open on the petition of Willard O'Neal Boyd for a change in 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 - Day Care Center (25) on Lot 9 -B, City Block 281 located in the 1500 block of 17th N.E. Mr. Boyd was present and told the Commission of his plan to construct a 3,000 sq.ft. building for the care of up to 50 children. He stated it would be beneficial to the area and provide a needed service for working mothers. Mr. Boyd stated that the property was next to his house at 1555 17th N.E. and that it was possible that he would wind up buying a commercially zoned lot on the north end of 17th N.E. for the day care center. He requested condi- tional approval of the request saying he would know about the other lot by the end of the month. No one else was present to speak for or against the zoning request and the public hearing was closed. The Commission discussed the conditional approval and felt it would be best for the City Attorney to advise the Council on the matter at their hearing. Mr. Woolston made a motion to recommend approval of the petition. Mrs. Battle seconded the motion which carried 5 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Ronnie Snowton for a change in 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 Lots 12 and 14, Block 0, of East Park Addition located at 1441 12th N.E. Mr. Snowton was present stating he wanted to place a mobile home on the property for his residence. He said he had a lease agreement with the owner of Lot 12 but Lot 14 was tied up with too many heirs and he could not obtain it as planned. } li f I L i AGE EM MINUTES OF THE PLANNING AND ZONING COMMISSION DECEMBER 5, 1983 The Planning and Zoning Commission of the City of Paris met in regular session Monday, December 5, 1983 at 7:00 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Freddie Swaim, Chairman 2. Ozie Battle 3. Bill Davidson 4. Jacob Hildreth 5. Dwight Woolston Staff members present were Joe McCollum, Director of Community Development and Tom Pine, City Engineer. Chairman Swaim declared the public hearing open on the petition of Willard O'Neal Boyd for a change in 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 - Day Care Center (25) on Lot 9 -B, City Block 281 located in the 1500 block of 17th N.E. Mr. Boyd was present and told the Commission of his plan to construct a 3,000 sq.ft. building for the care of up to 50 children. He stated it would be beneficial to the area and provide a needed service for working mothers. Mr. Boyd stated that the property was next to his house at 1555 17th N.E. and that it was possible that he would wind up buying a commercially zoned lot on the north end of 17th N.E. for the day care center. He requested condi- tional approval of the request saying he would know about the other lot by the end of the month. No one else was present to speak for or against the zoning request and the public hearing was closed. The Commission discussed the conditional approval and felt it would be best for the City Attorney to advise the Council on the matter at their hearing. Mr. Woolston made a motion to recommend approval of the petition. Mrs. Battle seconded the motion which carried 5 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Ronnie Snowton for a change in 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 Lots 12 and 14, Block 0, of East Park Addition located at 1441 12th N.E. Mr. Snowton was present stating he wanted to place a mobile home on the property for his residence. He said he had a lease agreement with the owner of Lot 12 but Lot 14 was tied up with too many heirs and he could not obtain it as planned. } r -83 Mattie Walters representing her uncle, Cleo Mitchell, opposed the request saying their property was damaged when the mobile home was placed and no effort had been made to repair it. It was pointed out that a permit had recently been approved for Charles Frazier to place a mobile home across the street from this property. Following discussion, Mr. Woolston made a motion to recommend approval for the Specific Use Permit on Lot 12, Block 0, East Park Addition only. Mr. Davidson seconded the motion which carried 5 ayes, 0 nays. The Public Hearing was opened on the petition of Leroy Reed for a change in 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 Lots 6 and 7, Block 1, Colonial Addition located at 1710 W. Walker Street. Mr. Reed was present along with Calvin Gibson, owner of the property and Mr. Reed said he would like to move his mobile home out of the mobile home park where its presently located and place it on the lots on W. Walker for his residence. He said he had a contract to buy the lots subject to the permit being approved. There were several area land owners in attendance who spoke in opposition to the permit. Ruth Foreman, 1725 W. Walker, Martin Bowers, 1759 W. Walker, Velma McClure, 1700 W. Walker, Albert McIntire, 1740 W. Walker, Jack Poteet, 1760 W. Walker, Johnny Wilson, 1721 W. Walker and Ed Seidle spoke in opposition saying the mobile home would depreciate the property values in the area. No one else spoke and the public hearing was closed. Following discussion a motion was made by Mr. Davidson, seconded by Mr. Woolston to recommend denial of the petition. The motion carried 5 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Roger Wayne Barnes for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home (39) on the north 2 of Lots 6, 7 and 8, Block 6, Sperry's First Addition located at 558 28th N.W. Mr. Barnes told the Commission that he had a temporary permit for his mobile home at this location which was issued when he took out a building permit for a house at the same location. He said he was unable to secure financing for the construction of a house on the site because there are 24 heirs to the property and he was unable to secure releases from them and get title to the property. He said there was no objection to leaving the mobile home there on a permanent basis if the Specific Use Permit could be approved. There was no one present in opposition to the change and the public hearing was closed. Discussion pointed out that a precedent would be set if the SF -3 zoning were approved and the question of whether the petition was legal, in view of the title situation, should be cleared up. 1 i :. I Mrs. Battle made a motion to table the petition in order to seek an opinion from the City Attorney concerning ownership requirements of the applicant. Mr. Davidson seconded the motion which carried 5 ayes, 0 nays. Chairman Swaim declared the public hearing open on the petition of Loyd G. Melvin for a change in zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2) on a 9.55 acre tract of land located on the east side of 3rd S.E., 600 feet north of Loop 286 S.E. Mr. Melvin reviewed his plans to develop a subdivision for single family homes on the property and the need for permanent zoning prior to final plat approval. No one else was present to speak on the matter and the public hearing was closed. Following discussion Mr. Woolston made a motion to recommend approval. Mr. Davidson seconded the motion which carried 5 ayes, 0 nays. The Final Plat of Suzuki Properties was recommended for approval on a motion by Mr. Woolston, seconded by Mrs. Battle subject to the exceptions listed in City Engineers Memorandum dated December 5, 1983, marked Exhibit A and attached hereto. The motion carried 5 ayes, 0 nays. The Final Plat of Willowcrest Addition Part 2 was recommended for approval on a motion by Mr. Davidson, seconded by Mr. Woolston subject to the exceptions listed in City Engineers Memorandum dated December 5, 1983, marked Exhibit B and attached hereto. The motion carried 5 ayes, 0 nays. With no further business to consider, the meeting adjourned. ► -� -- rte- .4-t,t..._._---- e N. McCollum Secretary ex- officio JINN SUN SF- 3 T L. Ghr ti an vernal 111 .tee. c --M� S F-B A NORTH 6CALC I":: 2•oo' ION INCB CWGE Rf-Q(JEG-F WiLLNRD 1A Etta lu N c --M� S F-B A NORTH 6CALC I":: 2•oo' ION INCB CWGE Rf-Q(JEG-F WiLLNRD 1A 6) VA I CK09, 14 L 12 "EL-x Mn AS VA Lo �A^Gt i e d rl ILI C4 . -A�- F�V-4-jlve -- Kit l3rtny-Mr) src�" I SF- ki Flil V%k r. rl's. LA e 5 M4 rw _r),c Earl 5F-2:i SF-2 BLAKE- K() A. D NORTH 3 CAL'" I" ;: Zoklm6t qg-3 - ---- - _a-_ r— .q r F 3 I ST. c lu o � rl i I ST. 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I )s 0 S, er 0 Z& NORTH 3C-ALp- I-, - #00, - LONIRC -, 64NtiQ� REow:-ST UWD Mt�MN Dec- 1511981 December 5, 1983 MEMORANDUM TO Mayor and City Council Planning and Zoning Commission FROM: City Engineer FINAL PLAT - SUZUKI PROPERTIES I have reviewed the proposed subdivision of property shown on the referenced final plat and it appears that such plat fully complies with the terms and provisions of the City of Paris Subdivision Regulations, Ordinance No. 1315 with the following exceptions and /or additions: 1. the improvements as shown on approved construction plans for this sub- division need to be completed or the developer needs to provide a satis- factory bond to insure their completion (generally speaking, there is additional curb and gutter to be constructed along 26th N.E. and Beverly Drive; the asphalt paving needs to be installed on all streets - it -i,q reasonable to believe that these improvements can be completed 1qit`,i11 a month); 2. there are some drainage improvements (which have construction plans pending my review and approval) that will need to be completed or bonded; 3. an easement(s) relating to item W2 will have to be re- defined and sub- sequently provided; 4. upon completion of construction, the "as- built" plans will need to be submitted and approved prior to the acceptance of the improvements; 5. the developer needs to pay for the fabrication and installation of the necessary street signs; and, 6. the developer needs to furnishcertification that all taxes and fees have been paid. I recommend approval of this final plat subject to compliance with the above items. Res e tfully, Thomas R. Pine, P.E. City Engineer cc: City Manager City Attorney Developer Director of Community Development EXHIBIT A December 5, 1983 mrmnPANn►Im To: Mayor and City Council Planning and Zoning Commission From: City Engineer FINAL PLAT - WILLOWCREST ADDITION, PART 2 r; yr it) ik.. e iF I have reviewed the proposed subdivision of property shown on the referenced final plat and it appears that such plat fully complies with the terms and provisions of the City of Paris Subdivision Regulations, Ordinance No. 1315 with the following exceptions and ; or additions: 1. the improvements as shown on approved construction plans for this sub- division need to be completed or the developer needs to provide a satis- factory bond to insure their completion ( generally speaking, the asphalt paving needs to be installed on all streets - it is reasonable to believe that these improvements can be completed within a month); 2, upon completion of construction, the "as- built" plans will need to be submitted and approved prior to acceptance of the improvements; 3. the developer needs to pay for the fabrication and installation of the necessary street signs; and, 4. the developer needs to furnish certification that all taxes and fees have been paid. I recommend approval of this final plat subject to compliance with the above items. Respectfully, Thomas R. Pine, P.E. City Engineer cc: City Manager City Attorney Developer Director of Community Development EXHIBIT B 9i