2006-061-RES-Texas community dev. program contract no. 719068
RESOLUTION NO. 2006-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO.3 TO THE TEXAS COMMUNITY DEVELOPMENT
PROGRAM CONTRACT NO. 719068; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
1999, by adoption of Resolution No. 99-053, which said Resolution was amended on the 27th day
of July, 1999, by Resolution No. 99-095, authorize an application to be made to the Texas
Department of Housing and Community Affairs for a Texas Community Development Program
grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of
November, 1999, in Resolution No. 99-159, accept the grant award entitled "1999 Housing
Infrastructure Fund Program" Grant, TCDP Contract No. 719068, for the period beginning
September 10, 1999, and ending September 9,2002, in the total amount of$399,500.00, requiring
no matching funds; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of
February, 2003, in Resolution No. 2003-031, approve Amendment No.1 to the Texas Community
Development Program Contract No. 719068 to extend the period of such grant to September 9,2003;
and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
2004, in Resolution No. 2004-083, approve Amendment No. 2 to the Texas Community
Development Program Contract No. 719068 to extend the period of such grant to March 9, 2005;
and,
WHEREAS, said contract is in need of further revision to extend the period of such grant
to March 10, 2007, and to reduce the requirement to fifty-one percent (51 %), or twenty (20) units,
as the number of homes in the subdivision that must be owned and occupied by low to moderate
income persons; and,
WHEREAS, the form of Amendment No.3 to Texas Community Development Program
Contract No. 719068, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor
should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 form of Amendment No.3 to the Texas Community Development
Program Contract No. 719068, to extend the period of the "1999 Housing Infrastructure Fund
Program" grant to March 10, 2007, and to reduce the requirement to fifty-one percent (51 %), or
twenty (20) units, as the number of homes in the subdivision that must be owned and occupied by
low to moderate income persons, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, of behalf
ofthe City of Paris, said Amendment No.3, under the terms and conditions and in the form shown
in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of April, 2006.
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ATTEST:
APPROVED AS TO FORM:
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D. Lestock, Assistant City Attorney
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AMENDMENT NO. 3 TO
TEXAS COMMUNITY DEVELOPMENT PROGRAM
CONTRACT NO. 719068
OFFICE OF RURAL COMMUNITY AFFAIRS
AND THE
CITY OF PARIS
STATE OF TEXAS
COUNTY OF TRAVIS
Section 1.
The Office of Rural Community Affairs, an agency of the State of Texas, hereinafter referred to as
"Office", and the City of Paris, hereinafter referred to as "Contractor", do hereby contract and agree to
amend their original contract, as initially executed by the Executive Director of the Department effective
September 10, 1999, for the performance of housing infrastructure fund activities.
Section 2.
The parties hereto agree to amend the contract identified in Section 1 above by deleting in its entirety
Section 2, CONTRACT PERIOD, and replacing it with the following:
Section 2. CONTRACT PERIOD
This contract and agreement shall commence on September 10, 1999, and shall terminate on March
10, 2007, unless otherwise specifically provided by the terms of this contract.
Section 3.
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A,
Performance Statement, is revised to read hereafter as given in the Performance Statement attached to
this amendment, hereinafter referred to as Exhibit A, and hereby made a part of this amendment. Exhibit
A consists of three (3) pages.
Section 4.
The parties hereto agree to amend the contract identified in Section 1 by adding Section 19 (F) as
follows:
F. The Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in
connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's
Office or its successor in the conduct of the audit or investigation, including providing all records
requested. The Contractor will ensure that this clause concerning the authority to audit funds received
indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any
subcontract it awards.
Page 1 of 2
EXHIBIT 1
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Section 5.
The parties hereto agree that this amendment shall become effective on MarchIO ,2005.
Section 6.
The parties hereto agree that this amendment shall require no change to previously approved funding.
Section 7.
The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in
effect and shall continue to govern except to the extent that they conflict with the terms of this
amendment.
Section 8.
The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation
of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above.
Section 9.
By the signing of this amendment, the parties hereto expressly understand and agree that this
amendment shall become a part of the contract identified above in Section 1 above as though it were set
forth word for word therein.
WITNESS OUR HANDS EFFECTIVE MARCH 10,2005.
Curtis Fendley, Mayor
City of Paris
Approved and accepted on behalf of the Office of Rural Community Affairs.
Charles S. (Charlie) Stone, Executive Director
Office of Rural Community Affairs
This contract amendment is not effective unless signed by the Executive Director of the Office of Rural
Community Affairs, or his/her authorized designee.
Page 2 of 2
AMENDMENT NO.3
EXHIBIT A
CONTRACT NO. 719068
PERFORMANCE STATEMENT
City of Paris
Contractor shall carry out the following activities in the target area identified in its 1999 Housing
Infrastructure Fund application. Contractor shall ensure that the amount of funds expended for each
activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget.
Proiect Description
Contractor shall install the necessary infrastructure to support a total of thirty-eight (38) new
single family housing units of which at least fifty-one (51%), twenty (20) units, will be owned and
occupied by low to moderate income persons. Infrastructure to be installed stall include water, sewer,
street, and ftood and drainage improvements. The housing units will be constructed on a post-tension
slab with a wood frame, brick veneer, wood siding, composition shingle roofing, and drywall interior.
Contractor shall be responsible for development of a thirty-eight (38) unit single family housing
development known as Eastgate Subdivision located south Highway 82 East near 4ih Street S.E.
Acquisition
Contractor shall ensure that al acquisition of real property, easement and/or rights-of way, for this
proposed project, be in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), and HUD implementing regulations (24
CFR Part 42) and submit a real property acquisition report. This requirement applies to both private and
public real property.
Public Facilities
Water Improvements:
Contractor shall install approximately two thousand linear feet (2,000 I.f.) of six-inch (6")
water pipe, five (5) valves, three (3) fire hydrants, two (2) wet connections, and thirty-eight (38)
water service connections. Construction shall take place at the following locations:
Street
From
To
North Eastgate Court
Eastgate Court
South Eastgate Court
Eastgate Place
4 ih Street
4 ih Street
north cul-de-sac
south cul-de-sac
North Eastgate Court
North Eastgate Court
north cul-de-sac
south cul-de-sac
4 ih Street
South Eastgate Court
South Eastgate Court
Water Tap Fees:
Contractor shall waive water tap fees associated with homes constructed in Eastgate
Subdivision.
Page 1 of 3
Sewer Improvements:
Contractor shall install approximately two thousand five hundred linear feet (2,500 Lt.) of
six-inch (6") sewer pipe, seven (7) manholes, one (1) lift station, and outfall line. Construction
shall take place at the following locations:
Street
North Eastgate Court
Eastgate Court
Eastgate Place
South Eastgate Court
Back of lots 28-38
Btwn lots 15 & 16
Sewer Tap Fees:
From
4 yth Street
north cul-de-sac
North Eastgate Court
south cul-de-sac
North Eastgate Court
south cul-de-sac
To
north cul-de-sac
south cul-de-sac
South Eastgate Court
4 yth Street
South Eastgate Court
Lift station
Contractor shall waive sewer tap fees associated with homes constructed in Eastgate
Subdivision.
Street Improvements:
Contractor shall install approximately sixty-three thousand square feet (63,000 s.f.) of
streets, three thousand cubic yards (3,000 c.y.) of grading, and eight hundred linear feet (800 Lt.)
of curb and gutter. Construction shall take place along the following locations:
Street
North Eastgate Court
Eastgate Court
Eastgate Place
South Eastgate Court
4yth Street R.O.W.
Flood and Drainage Improvements:
From
47th Street
north cul-de-sac
North Eastgate Court
south cul-de-sac
North Eastgate Court
To
north cul-de-sac
south cul-de-sac
South Eastgate Court
4 yth Street .
South Eastgate Court
Contractor shall install approximately six hundred linear feet (600 I.f.) of twelve-inch (12")
reinforced concrete pipe, four (4) catch basins, and one (1) headwall. Construction shall take
place along the following locations:
Street
Eastgate Court
South Eastgate Court
Btwn lots 15 & 16
Eastgate Place
Housing Development
From
north cul-de-sac
south cul-de-sac
south cul-de-sac
North Eastgate Court
To
south cul-de-sac
47th
Outfall
South Eastgate Court
Contractor shall ensure that HAl develops a thirty-eight (38) unit single family housing
development of which at least fifty-one (51%). Twenty (20), of the units will be owned and occupied by
low to moderate income persons.
Page 2 of 3
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Enqineerinq
Contractor shall ensure that the amount of Department funds expended for all eligible project-
related engineering seNices, including preliminary and final design plans and specifications, all interim
and final inspections, and all special services does not exceed the amount specified for engineering in
Exhibit B, Budget.
Administration
Contractor shall ensure that the amount of Department funds expended for all eligible project-
related administration activities, including the required annual program compliance and fiscal audit does
not exceed the amount specified for administration in Exhibit B, Budget.
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