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09-Move to approve a resolution amending Resolution 2007-102CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08-04-2009 Engineering, Planning & Shawn Napier, P.E. Director of Council Date: Development Engineering, Planning & 9. 08-10-2009 Development RECOMMENDED MOTION: Move to approve a resolution amending Resolution 2007-102. POLICY ISSUE(S): BACKGROUND: On August 27, 2007, City Council passed resolution 2007-102 approving an application for funding through the Texas Department of Economic Development Texas Capital Fund Main Street Program for sidewalk and other improvements. Grant writer Kim Lacey has informed city staff that Texas Department of Economic Development no longer oversees the Texas Capital Fund. Ms. Lacey has requested the change that reflects the Texas Department of Agriculture is now overseeing the grant. Resolution No. 2007-102 also allowed for the implementation of the grant upon notice of awarded to be administered by the Texas Department of Agriculture. Ms. Lacey has informed city staff that the Texas Department of Agriculture is the agency responsible for implementation and has requested that city staff amend the resolution to reflect the change. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ P H bli i u ear c ng ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court [K Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~ ~ t~ DRAFT attorney\reswork\current\TCF Main St. Grant - Amend Res 2007-102-2009 RESOLUTION 11I0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2007-102 WHICH AUTHORIZED A1V APPLICATION FOR FUNDING FOR THE TEXAS CAPITAL FUND MAIN STREET PROGRAM FOR SIDEWALK AND OTHER IMPROVEMENTS IN THE DOWNTOWN AREA, TO CORRECT THE NAMES OF CERTAIN STATE DEPARTMENTS; 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 27th day of August, 2007, pass Resolution No. 2007-102 which authorized an application for grant funding through the Texas Capital Fund Main Street Program for Sidewalk and Other Improvements; and, WHEREAS, the Texas administered through the Texas Capital Fund Main Street Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That Resolution No. 2007-102, be, and the same is hereby, amended so that such shall read as follows: "A RESOLUTION OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM FOR SIDEWALK AND OTHER IMPROVEMENTS IN THE DOWNTOWN AREA; AUTHORIZING THE EXECUTIOIV OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTAIVCE A1VD IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF: MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 13tn day of March, 2006, in Resolution No. 2006-043, authorize an application to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for sidewalk and other improvements in the Downtown area in the amount of $1,000,000.00 with $800,000.00 to be provided by grant and $200,000.00 to be provided by the City in the form of matching funds; and - - ~ 7 r~ v WHEREAS, the Texas Department of Transportation has notified all Texas cities that funding for Statewide Transportation Enhancement Grants is no longer available; and WHEREAS, the Texas Department of Agriculture through the Texas Capital Fund (TCF) Main Street Improvements Program provides funding for Main Street improvements, and the City of Paris wishes to undertake a project to improve the safety and efficiency of movement of pedestrians especially handicapped pedestrians in need of better accessibility in the Downtown area; and, WHEREAS, the recently completed Phase I and II of the Streetscape Project, which improved sidewalks in the Downtown area is a viable and important asset to the city, its citizens, and local businesses; however, there are still several sidewalks in the area that do not have suitable handicap accessibility, and the extension of the project to include additional sidewalks in the Downtown area will accomplish the intention of the City; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Texas Capital Fund (TCF) Main Street Improvements Program grant for Phase III of the Streetscape Project in the amount of $200,000.00 with $150,000.00 to be provided by grant and $50,000.00 to be provided by the City in the form of cash and in-kind services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 filing of an application to the Texas Department of Agriculture through the Texas Capital Fund (TCF) Main Street Improvements Program be, and the same is hereby approved for a grant for improvements to sidewalks and other amenities in the Downtown area, entitled "Streetscape Project - Phase III" in the amount of $200,000.00, with $150,000.00 to be provided by grant and $50,000.00 to be provided by the City in the form of cash and in-kind services. Section 3. That the City of Paris does hereby agree to comply with all assurances in connection with the application and, if funded, the award. Section 4. That the City Manager be, and is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute, on behalf of the City of Paris, an application for said grant. Section 5. That the City Engineer be, and he is hereby, appointed as Project Director and is hereby authorized and directed 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 6. 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 m - - - 8 distribute funds for improvements to sidewalks and other amenities in the Downtown area. Section 7. That the Mayor, City Manager, Director of Community Development and 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 Texas Department of Agriculture under the terms and conditions and in the forms approved by the City Attorney, and to proceed with the use of said funds upon receipt thereof for purposes stated herein and in accordance with the grant conditions. Section B. The City Council does hereby agree not to participate in program income recapture and will return all program income to the State to be placed in a statewide Revolving Loan Fund to be used by the State to fund future economic development awards. By agreeing to this measure, the City understands that it will be eligible to receive as many Texas Capital Fund awards per program year as it has eligible projects. Section 9. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 27th day of August, 2007." Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 10th day of August, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, Ciry Attorney , 8__