2006-143-RES-Grant Application-Grand Theater
RESOLUTION NO. 2006-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE U. S. ENVIRONMENTAL PROTECTION
AGENCY FOR A BROWNFIELD CLEANUP GRANT FOR THE PURPOSE
OF MITIGATING ENVIRONMENTAL HAZARDS AT THE GRAND
THEATER; PLEDGING TO ACCEPT THE DONATION FROM LAMAR
COUNTY, PARIS JUNIOR COLLEGE, AND PARIS INDEPENDENT
SCHOOL DISTRICT OF ALL THEIR UNDIVIDED INTEREST IN AND TO
THE GRAND THEATER IN THE EVENT THE CITY IS AWARDED SUCH
GRANT; AUTHORIZING THE DIRECTOR OF COMMUNITY
DEVELOPMENT TO ACT ON BEHALF OF THE CITY OF PARIS IN ALL
MATTERS RELATED TO THE APPLICATION; ACCEPTING SAID
GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE
EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON
NOTICE THEREOF; PLEDGING THAT, IF A GRANT IS RECEIVED, THE
CITY OF PARIS WILL COMPLY WITH THE GRANT REQUIREMENTS
OF THE U. S. ENVIRONMENTAL PROTECTION AGENCY; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, on March 21, 2001, by virtue of a tax foreclosure, Lamar County became the
Trustee on behalf of all the taxing entities of that certain property known as The Grand Theater; and,
WHEREAS, at the time the property was foreclosed upon, it was already in a deteriorated
state, and, over the past five (5) years, it has become even more deteriorated to the point of
dilapidation; and,
WHEREAS, over time, there have developed and remained various openings in the building
which have allowed birds to enter and roost, and the building is now contaminated with dead birds
and bird feces, both of which are hazardous to humans; and,
WHEREAS, additionally, there is at least one hole in the roof, paint is peeling from the
walls, and ceiling tiles are crumbling and falling to the ground; and,
WHEREAS, officials from the City of Paris Community Development Department have
shown the building to numerous interested parties over the past three years; however, none ofthose
parties has followed up with an offer to undertake rehabilitation of the building because of the
extensive hazard mitigation that would be required prior to the commencement of any actual
renovations; and,
WHEREAS, the City of Paris Community Development Department has recently invited
officials from the Ark - T ex Council of Governments and the U. S. Environmental Protection Agency
to view The Grand Theater in hopes of securing a Brownfield Grant to mitigate the environmental
hazards that now exist in the building, including bird feces and possibly asbestos and lead paint; and,
WHEREAS, upon viewing the inside of the building, EP A officials immediately granted the
City Phase I and Phase II Environmental Assessments of the structure to determine what hazards are
in actual existence; and,
WHEREAS, Genesis Environmental Consulting, Inc., a contractor for the EP A, is currently
in the process of completing the Environmental Assessments as the first required steps in allowing
the City of Paris to follow up with an application for a Brownfield Grant; and,
WHEREAS, according to the requirements of the Environmental Protection Agency, in
order for the City of Paris to be eligible to file such grant application, it must be the sole owner of
the property by June 30, 2007; and,
WHEREAS, in order to save this most historic structure and provide the City with the
opportunity to obtain a Brownfield Grant to mitigate the environmental hazards found inside the
building, it is deemed appropriate that the City of Paris accept the donation from Lamar County,
Paris Junior College, and Paris Independent School District of their undivided interest in and to The
Grand Theater; and,
WHEREAS, the City Council of the City of Paris is desirous of processing a grant
application with the U.S. Environmental Protection Agency for a Brownfield Grant in the amount
of$200,000.00, with the City of Paris providing $40,000.00 in matching funds and in-kind services,
all of which matching funds will be attempted to be raised through local fund-raising; and,
WHEREAS, the City Council desires to make application and authorize the Mayor, City
Manager, and appropriate City staff to accept and implement said grant (if same is received) without
further action of City Council; NOW, THEREFORE;
BE IT RESOLVED BY THE LAMAR COUNTY COMMISSIONERS' COURT:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City of Paris is authorized to request grant funding from the U. S.
Environmental Protection Agency for a Brownfield Cleanup Grant for the purpose of mitigating
environmental hazards found inside The Grand Theater in the amount of$200,000.00, with the City
of Paris providing $40,000.00 in matching funds and in-kind services, all of which matching funds
will be attempted to be raised through local fund-raising.
Section 3. That the City Manager be, and he is hereby, appointed as the Authorized
Official of said project and as such is authorized and directed to execute, on behalf of the City
of Paris, any and all documents associated with the application for said grant.
Section 4. 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 5. That the Director of Finance be, and he is hereby, authorized and directed to
serve as the Financial Officer for said project and to receive and distribute funds for purposes
of the Brownfield Grant.
Section 6. 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 acceptance and implementation of said grant upon notice of
award thereof by the U. S. Environmental Protection Agency, under the terms and conditions
and in the forms approved by the Assistant City Attorney, and to proceed with use of said funds
upon receipt thereof for the purposes stated herein and in accordance with the grant conditions.
Section 7. That, in the event the City is awarded said grant, it pledged to accept the donation
from Lamar County, Paris Junior College, and Paris Independent School District of their undivided
interest in and to The Grand Theater.
Section 8. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of November, 2006.
/2~J !./>M.0717
Richard Manning, Mayor .
ATTEST:
APPROVED AS TO FORM:
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hn D. Lestock, Assistant City Attorney