2001-066-RES APPROVING/AUTHORIZING CITY MANAGER TO EXECUTE AND CITY CLERK TO ATTEST TO AMENDMENT NO ONE TO EXISTING CONTRACT BETWEEN COP AND TX DEPT OF HOUSING
RESOLUTION NO. 2001-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS,APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AMENDMENT
NUMBER ONE TO THE EXISTING CONTRACT BETWEEN THE CITY OF
PARIS AND THE TEXAS DEPARTMENT OF HOUSING AND
C.OMMUNITY AFFAIRS FOR THE HOMEBUYER ASSISTANCE FUND
GRANT UNDER THE TEXAS HOME INVESTMENT PARTNERSHIP
PROGRAM, CONTRACT NO. 539076; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
November, 1998, by adoption of Resolution No. 98-158, authorize an application to be made to the
Texas Department of Housing and Community Affairs for the Homebuyer Assistance Fund Grant
under the Texas Home Investment Partnership Program; and,
WHEREAS, the Texas Department of Housing and Community Affairs thereafter issued its
agreement in connection with the Homebuyer Assistance Program Award entitled "Texas
Department of Housing and Community Affairs HOME Program Homebuyer Assistance Contract
No. 539076" for the period beginning July I, 1999, in the total amount of $133,000.00, with no
matching contribution; and,
WHEREAS, the City Council of the City of Paris, by adoption of Resolution No. 99-090 on
July 12, 1999, deemed it in the best interests of the citizens of Paris that the City of Paris accept said
agreement in connection with the Homebuyer Assistance Program award and approved and
authorized the City Manager to execute and the City Clerk to Attest, on behalf of the City of Paris
the "Texas Department of Housing and Community Affairs Home Program Homebuyer Assistance
Contract Number 539076"; and,
WHEREAS, the Texas Department of Housing and Community Affairs has requested the
City to enter into a Contract Amendment Number One to the aforesaid original agreement revising
the contract. and the performance timetable as stated therein; and,
WHEREAS, the City Council of the City of Paris finds and determines that approval of the
aforesaid Amendment Number One to original Contract Nurnber 539076 is in the best interests of
the citizens ofthe City of Paris; 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 Amendrnent Number One to the original Texas Department of Housing and
Cornmunity Affairs HOME Program Homebuyer Assistance Contract Number 539076, a copy of
which is attached hereto as Exhibit A and for all purposes incorporated herein, be and is hereby
approved, and the City Manager is hereby authorized to execute and the City Clerk to attest to the
aforesaid Amendment Number One on behalf of the City of Paris, and any and all other documents
necessary and incident to the original agreement.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of May, 2001.
ATTEST:
~~L~~~
Mattie Cunningham, City Clerk
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAffiS
HOME PROGRAM CONTR1\CT #539076
FffiST AMENDMENT
Section 1
The TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAffiS, a public and official
agency of the State of Texas ("Department") and the CITY OF PARIS ("Administrator"), do hereby
contract and agree to amend the original contract by and between the parties, effective July I, 1999, and
identified on Department's records as HOME Contract #539076 ("Contract").
Section 2
The parties hereto agree that under the terms of Article 2 of the Contract, Contractor is authorized to
administer one or more eligible HOME activities in accordance with the HOME Investment Partnerships
Act of 1990, 42 V.S.C. 12701 et seq. and implementing regulations under 24 CFR Part 92. The terms of
24 CFR 92.205(b)(2) identifY as an eligible activity the investment of HOME funds to guarantee loans
made by lenders.
Section 3
Under the authority described in Article 15, the parties hereby agree to amend the Contract:
ARTICLE I, Contract Period, revising the Contract Period to read as follows:
This Contract shall be effective and commence on JULY I, 1999, and shall terminate on MAY 31,
200 I, unless otherwise specifically provided herein ("Contract Period").
EXHIBIT E, PERFORMANCE TIMETABLE, revising the Perfonnance Timetable to read as follows;
By execution of this Contract, Administrator agrees and represents to Department as follows;
Administrator will comply with timetable as specified in the Program Schedule (Exhibit E) of your 1999 HOME
Homebuyer Assistance Program Application.
All eligible program work funded by this contract must be completed by May 31, 2001. The Department reserves
the right to make payment up to sixty (60) days after the contract expiration date for work perfonned within the
contract period.
Section 4
Except as amended hereby, the parties agree that all other terms of the Contract shall remain in effect as
therein set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this amendment.
Section 5
EXHIBIT A
This amendment shall be effective on the last date of execution of this amendment by both parties.
Section 6
By signing this amendment the parties expressly understand and agree that its terms shall become a part
of the Contract as if they were set forth word for word therein.
AGREED TO AND EXECUTED BY:
TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAffiS
By:
Daisy A. Stiner
Executive Director
Date:
CITY OF PARIS
By:
Name:
Title:
Michael E. Malone
City Manager
Date: