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07-I Visionaries/Lennox Grant I DRA'FT Visionaries and Lennox Grants Acceptance.wpd March 9, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING ACCEPTANCE OF A GRANT FROM THE TEXAS HISTORICAL COMMISSION FOR A VISIONARIES IN PRESERVATION, TEXAS PRESERVATION TRUST FUND GRANT TO PARTIALLY FUND AMENDMENTS TO THE DESIGN GUIDELINES FOR THE DOWNTOWN mSTORIC DISTRICT; AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MARTHA, DAVID, AND BAGBY LENNOX FOUNDATION TO FUND THE REMAINDER OF THE COST OF THE AMENDMENTS TO THE GUIDELINES; APPROVING AND AUTHORIZING GRANT AGREEMENTS INCIDENT TO THE RECEIPT OF SAID FUNDS; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS ASSOCIATED WITH THE RECEIPT OF SAID GRANTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARlNG AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, did heretofore, on the 10th day of May, 2004, in Resolution No. 2004-092, authorize the execution of a Professional Services Agreement with ArchiTexas for preparation of Design Guidelines for the Downtown Historic District; and, WHEREAS, although ArchiTexas has completed those Guidelines in accordance with the Agreement, the funding available at that time was insufficient to provide for Guidelines which were fully comprehensive; and, WHEREAS, because of the considerable importance comprehensive guidelines play in helping both the Historic Preservation Commission and property owners undertaking preservation projects, the Texas Historical Commission, Visionaries in Preservation, has awarded the City of Paris a Texas Preservation Trust Fund Grant in the amount of $7,300.00 to further develop the existing Guidelines; and, WHEREAS, as a consequence of said grant award, the City has likewise been offered a $7,300.00 grant from the Martha, David, and Bagby Lennox Foundation to serve as the City's required cash match under said Texas Preservation Trust Fund Grant; and, WHEREAS, the City Council desires to accept said grant funds in the amount of$7,300.00 from the Texas Historical Commission, Visionaries in Preservation, and said grant funds in the amount of$7,300.00 from the Martha, David, and Bagby Lennox Foundation, and to authorize and approve the execution of any and all documents associated with the receipt of said grant funds; NOW, THEREFORE, ~ I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Texas Preservation Trust Fund Grant from the Texas Historical Commission, Visionaries in Preservation, in the amount of$7,300.00 for the purpose of amending the Design Guidelines for the Downtown Historic District, be, and the same is hereby, accepted. Section 3. That the City of Paris has been offered and the City Council desires to accept and does hereby accept a grant in the amount of$7,300.00 from the Martha, David, and Bagby Lennox Foundation (The Lennox Foundation), said grant funds to serve as the City's required cash match under said grant from the Texas Historical Commission. Section 4. That the City Council does hereby approve and authorize the Mayor to execute and the City Clerk to attest to a grant agreement, a copy of which is attached hereto and for all purposes incorporated herein as Exhibit A, by and between the Martha, David, and Bagby Lennox Foundation and the City of Paris to enable the City to receive said grant in the amount of$7,300.00. Section 5. That the City Manager be, and he is hereby, appointed as the authorized official of said project and is authorized and directed to execute, on behalf of the City of Paris, any further documents associated with the aforesaid grants under the tenns and conditions and in the fonns approved by the City Attorney. , Section 6. That the Director of Community Development be, and she is hereby, appointed as Project Director and is hereby authorized to execute and deliver, on behalf of the City of Paris, all reports, communications, assurances, and documents necessary for the completion of said project. Section 7. That the Director ofF inance be, and he is hereby, authorized and directed to serve as the Financial Officer of said project and to receive and distribute funds for purposes of completing amendments to the Design Guidelines for the Downtown Historic District. Section 8. That the Mayor, City Manager, Director of Community Development, and the Finance Director be authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for completion and implementation of the aforesaid Texas Preservation Trust Fund Grant and Lennox Foundation Grant, under the tenns and conditions and in the fonns approved by the City Attorney, and to proceed with the use of said funds upon receipt thereof for the purposes stated herein and in accordance with the grant conditions. Section 9. That this resolution shall be effective from and after its date of passage.tPASSED AND APPROVED this 13th day of March, 2006. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney Curtis Fendley, Mayor The Martha, David and Bagby Lennox Foundation Grant Agreement This Agreement is made between the Martha, David and Bagby Lennox Foundation (Foundation) and the . City of Paris, Texas (Grantee). " 1. The amount and purpose of the Foundation's 2005 grant (Grant) to Grantee is as follows: a. Amount of the Grant: $7,300.00. b. Purpose of the Grant: To be used exclusively by The Historic Preservation Commission and Visionaries in Preservation of Paris for the purpose of providing matching funds to enable obtaining a Preservation Action Plan Implementation Grant from the Texas Historical Commission, an entity of the State of Texas. 2. Grantee agrees to repay to the Foundation any portion of the funds not used for the purpose of the Grant. 3. Grantee agrees to submit a detailed accounting to the Foundation of how the 2005 Grant is expended no later than October 31, 2005. 4. Grantee ag'rees to maintain books and records and upon a reasonable request make them available for inspection by the Foundation. 5. Grantee agrees not to use all or any portion of the Grant: a. to lobby or otherwise attempt to influence legislation; b. to influence the outcome of any specific public election or to participate or intervene in any political campaign on behalf of any candidate for public office or to conduct, directly or indirectly, any voter registration drive; or c. for any purpose other than as described above. 6. Grantee agrees that if Grantee's tax-exempt status is changed or revoked by the U.S. Internal Revenue Service or the state attorney general, Foundation will be notified immediately and the Grant may be terminated at the discretion of Foundation. 7. Grantee agrees that if Grantee's organization fails to abide by the terms of this Grant Agreement, the Foundation may terminate the Grant and recover any unspent or improperly spent Grant funds. Further, Grantee's representative signing below certifies that he or she has been authorized by Grantee to execute this Grant Agreement. Dated: AUgUst' , 2005 The Martha, David and Bagby Lennox Foundation, Grantor City of Paris, Texas Grantee I By: By: William P. Streng, President HOUSTON\1871043.1