HomeMy WebLinkAboutPR 19495: AMENDMENT NO. 3 TO THE NEIGHBORHOOD STABILAZATION PROGRAM 1 PROGRAM INCOME, ("NSP1-PI") INTEROFFICE MEMORANDUM
HOUSING AND NEIGHBORHOOD REVITALIZATION
To: Brian McDougal, City Manager _
From: Beverly A. Freeman, Director of Housing & Neighborhood Revitalization
Date: August 24, 2016
Re: P.R. 19495
Nature of Request:
The Housing Division recommends the City Council adopt P.R. 19495, authorizing the City
Manager to execute Amendment No. 3 to the Neighborhood Stabilization Program 1 Program
Income ("NSP1-PI") Reservation System Participation Agreement between the City of Port
Arthur and Texas Department of Housing and Community Affairs (TDHCA), Contract Number
77090003154 to provide for reimbursements of eligible expenses incurred after August 17,
2013 and close on remaining Land Bank properties under the existing NSP 1 Contract
Number 77090000154.
BUDGETARY/FISCAL EFFECT:
Texas NSP 1 Program Income ("NSP1-PI") funds account numbers 129-1435-554.59-00
projects NSP001, NSP004, NSP005, NSP006 and NSP007 will be amended.
SUMMARY:
The Housing Division recommends the City Council adopt P.R. 19495, authorizing the City
Manager to execute Amendment No. 3 to the Neighborhood Stabilization Program 1 Program
Income ("NSP1-PI") Reservation System Participation Agreement between the City of Port
Arthur and Texas Department of Housing and Community Affairs (TDHCA), Contract Number
77090003154 to provide for reimbursements of eligible expenses incurred after August 17,
2013 and close on remaining Land Bank properties under the existing NSP 1 Contract
Number 77090000154.
P. R. 19495
08/24/16 BAF
HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 3 TO THE NEIGHBORHOOD
STABILIZATION PROGRAM 1 PROGRAM INCOME, ("NSP1-PI")
RESERVATION SYSTEM PARTICIPATION AGREEMENT NO.
77090003154 TO PROVIDE FOR THE CONTINUATION OF
REIMBURSEMENTS OF ELIGIBLE EXPENSES AND CLOSE ON
REMAINING LAND BANK PROPERTIES UNDER THE EXISTING
NSP 1 CONTRACT NUMBER 77090000154.
WHEREAS, pursuant to Resolution 13-542, the City of Port Arthur entered into
a contract with Texas Department of Housing and Community Affairs, (TDHCA) to implement
the Neighborhood Stabilization Program I Program Income ("NSP1-PI") Program Income
Reservation System Participation Agreement that provided for the continuation of
reimbursements of eligible expenses and close on remaining Land Bank Properties under the
existing NSP 1 Contract Number 77090000154; and
WHEREAS, pursuant to Resolution 15-120, the Neighborhood Stabilization
Program Income ("NSP1-PI") Reservation System Participation Agreement Number
77090003154 Amendment No. 1 supported the continuation of the activities started with
NSP-1 contract Number 77090000154; and
WHEREAS, pursuant to Resolution 16-181, the Neighborhood Stabilization
Program Income ("NSP1-PI") Reservation System Participation Agreement Number
77090003154 Amendment No. 2 supported the continuation of the activities started with
NSP-1 contract Number 77090000154; and
WHEREAS, the Program Income Reservation System Participation Agreement
Number 77090003154 is being amended to provide for the continuation of reimbursement
of eligible expenses incurred after the August 17, 2013 and to close on remaining Land Bank
properties under the existing NSP 1 Contract Number 77090000154; and,
WHEREAS, the amended Program Income Reservation System Participation
Agreement Number 77090003154 is attached hereto in substantially the same form as
Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That pursuant to Resolution 13-542, the City of Port Arthur entered
into a contract with Texas Department of Housing and Community Affairs, (TDHCA) to
implement the Neighborhood Revitalization Program I (NSP-1) Program Income Reservation
System Participation Agreement.
Section 3. That pursuant to Resolution 15-120, the Program Income
Reservation System Participation Agreement Number 77090003154 Amendment No. 1
supported the continuation of the activities started with NSP-1 contract Number
77090000154.
Section 4. That pursuant to Resolution 16-181, the Program Income
Reservation System Participation Agreement Number 77090003154 Amendment No. 2
supported the continuation of the activities started with NSP-1 contract Number
77090000154.
Section 5. That the Program Income Reservation System Participation
Agreement Number 77090003154 Amendment No. 3 will provide for the continuation of
reimbursement of eligible expenses incurred after the August 17, 2013 and to close on
remaining Land Bank properties under the existing NSP 1 Contract Number 77090000154.
Section 6. That City Council authorizes the City Manager to execute
Amendment No. 3 to the Program Income Reservation System Agreement ("NSP1-PI")
Contract Number 77090003154 as attached hereto as Exhibit "A" in substantially the same
form.
Section 7. THAT a copy of the caption of this Resolution be spread upon the
minutes of the City Council.
READ, ADOPTED AND APPROVED this day of August
A.D., 2016 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by
the following vote: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED FOR FORM:
/( -1L40 ee-Aftt
VALECIA ZENO, CITY A ORNEY v
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL,
CITY MANAGER
J. ,A4_1\j, . 4sljAn
BEVERLY A. FREEMAN, DIRECTOR
OF HOUSING & �IGHBORHOOD
REVITALIZATION
EXHIBIT "
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME
("NSP1-PI")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
NO 77090003154 AMENDMENT NO. 3
TEXAS DEPARTMENT OF HOUSING COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PI")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
AGREEMENT#77090003154
WITH
City of Port Arthur,
a political subdivision of the State of Texas
AMENDMENT NO. 3
This AMENDMENT NO. 3 ("Third Amendment")by and between TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas( "Department")and CITY
OF PORT ARTHUR a political subdivision of the State of Texas("Subgrantee"),hereinafter collectively referred
to as"Parties", is executed by the Parties to be effective as of August 31..2016.
RECITALS
The Parties do hereby agree to amend the NSPI-PI Reservation System Participation Agreement No.
77090003154 ("RSP Agreement"), executed by the Parties to be effective on 11/14/2013, as amended by
Amendment No. 1 ("First Amendment") executed by Parties on or about 8/31/2014, and Amendment No. 2
("Second Amendment")executed by Parties on or about 8/31/2015.
AGREEMENTS
Under the authority described in Article 5 of the RSP Agreement, and Title 10, Chapter 20 of the Texas
Administrative Code, and for valuable consideration,the receipt and sufficiency which are hereby
acknowledged,the Parties hereby agree as follows:
1. Section 2.1, Term, of Article 2, RESERVATION SYSTEM PARTICIPATION,of the RSP Agreement
is hereby amended to read as follows:
"This RSP Agreement shall be effective on the latter date this RSP Agreement is
executed by the Subgrantee and an authorized representative of the Department and
shall terminate on August 31, 2017 (the "Term"), unless earlier terminated or amended
in accordance with the provisions herein."
2. Except as amended hereby,the terms of the RSP Agreement as amended by this Third Amendment,
shall remain in effect as therein set forth and will continue to govern except to the extent that said terms
conflict with the terms of this Third Amendment, and the Subgrantee hereby acknowledges and
reaffirms its liability there under. In the event of an inconsistency between this Third Amendment and
the terms of the RSP Agreement,this Third Amendment shall govern.
3. This Third Amendment may be executed in several counterparts,each of which shall be deemed to be an
original copy, and all of which together shall constitute one agreement binding on all Parties hereto,
notwithstanding that all the Parties shall not have signed the same counterpart.
4. If either of the Parties returns this copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or electronic
transmission to be its original signature.
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5. By signing this Third Amendment,the Parties hereto expressly understand and agree that this Third
Amendment shall become a part of the RSP Agreement as though it were set forth word for word
therein.
WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31, 2016:
SUBGRANTEE:
CITY OF PORT ARTHUR, a political subdivision of the State of
Texas
By:
Name: Brian McDougal
Title: Manager
Date:
THIS FIRST AMENDMENT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR
OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER
AUTHORIZED DESIGNEE.
APPROVED AND ACCEPTED ON BEHALF OF:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS, a public and official agency of the State of Texas
By:
Name:
Its: Duly authorized officer or representative
Date:
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