HomeMy WebLinkAboutPR 18540: AMENDMENT NO. 1 (NSP) INTEROFFICE MEMORANDUM
HOUSING AND NEIGHBORHOOD REVITALIZATION
To: John A. Comeaux, P.E., Interim City Manager
From: Beverly A. Freeman, Acting Director of Housing & Neighborhood
Revitalization
Date: September 8, 2014
Re: P.R. 18540
RECOMMENDATION:
The Housing Division recommends the City Council adopt P.R. 18540, authorizing the City
Manager to execute Amendment No. 1 to the Neighborhood Stabilization Program, (NSP)
Program Income Reservation System Participation between Texas Department of Housing
and Community Affairs Contract Number 7709003154 to extend the termination date to
August 31, 2015.
BACKGROUND:
Pursuant to Resolution 09-457, the City of Port Arthur entered into a contract with Texas
Department of Housing and Community Affairs, (TDHCA) to implement the Neighborhood
Revitalization Program. Amendment No. 1 extending the termination date to August 31,
2015, of the PI Reservation System Participation Agreement will give the City have more time
to receive reimbursement for the properties that have closed into an eligible homebuyer,
funds to reimburse closing costs and similar expenses for the remaining homebuyers will be
available.
BUDGETARY/FISCAL EFFECT:
Texas NSP funds account numbers 129-1435-554.59-00 projects NSP001, NSP004, NSP005,
NSP006 and NSP007 will be amended.
STAFFING/EMPLOYEE EFFECT:
Housing Administration staff will be responsible for administering the contract.
SUMMARY:
The Housing Division recommends the City Council adopt P.R. 18540, authorizing the City
Manager to execute Amendment No. 1 to the Neighborhood Stabilization Program, (NSP)
Program Income Reservation System Participation between Texas Department of Housing
and Community Affairs Contract Number 77090003154 to extend the termination date to
August 31, 2015.
P. R. 18540
09/08/14 BAF/DF
HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 OF THE NEIGHBORHOOD
STABILIZATION PROGRAM, (NSP) PROGRAM ONE (NSP-I)
PROGRAM INCOME RESERVATION SYSTEM PARTICIPATION
AGREEMENT NO. 77090003154 TO EXTEND THE
TERMINATION DATE TO AUGUST 31, 2015.
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 Revitalization Program I (NSP-I) Program Income Reservation System
Participation Agreement; and
WHEREAS, the PI Reservation System Participation Agreement supported the
continuation of the activities started with NSP-I contract No. 77090003154; and
WHEREAS, the amendment is being provided in order that the contract
No. 77090003154 continues to be active beyond the current August 31, 2014 termination
date; and
WHEREAS, the amended written agreement 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 City Council authorizes the City Manager to execute
amendment No. 1 of the Program Income Reservation System Agreement NSP-I contract
No. 77090003154 to extend the termination date to August 31, 2015 to support the
continuation of the activities as attached hereto as Exhibit "A" in substantially the same form.
Section 3. 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 September
A.D., 2014 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: APPROVED FOR AVAILABILITY OF
FUNDS:
�rY0)-Alms
SHERRI BELLARD, CITY SECRETARY DEBORAH ECHOLS, FINANCE DIRECTOR
APPROVED FOR FORM:
VALECIA TIZE ATTORNEY
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
&J....! A, I I �y
BEVERLY A. •EEMAN, ACTING DI' ECTOR OF
HOUSING & EIGHBORHOOD REVITALIZATION
ATTACHMENT "A"
1
r:i
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
s va.trlhca..tate.t.>cur
BOARD MEMBERS
J.Paul Oxer,(hear
Rick Perry Juan S.Munoz,PhD, Vice Chair
GOVERNOR ,Leslie Bingham-Escareno
Tom H.Gann
J.Mark McWatters
Robert D.Thomas
August 20, 2014
Writer's direct phone#512-475-1762
Email:brooke.boston @tdhca.state.ix.us
John A. Comeaux,P.E.
Interim City Manager
City of Port Arthur
444 Fourth Street, Suite 203
Port Arthur, Texas 77640
RE: TEXAS NEIGHBORHOOD STABILIZATION PROGRAM
NSP PI CONTRACT No.77090003154,AMENDMENT NO. ONE
Dear Mr. Comeaux:
The enclosed Amendment to NSP1-Program Income Reservation System Agreement Contract
No. 77090003154 is provided in order that the contract continues to be active beyond the current August
31, 2014 termination date.
For properties that have closed into an eligible homebuyer, funds to reimburse closing costs and
similar expenses for the remaining homebuyers will be available under your NSP1-Program Income
Reservation System Agreement. For those properties, we will need an itemized listing of expenses in
order to prepare a Project Commitment Contract.
Please execute the enclosed Amendment, scan and email to Sue Nance at
sue.nance @tdhca.state.tx.us. NSP staff will update our records when the fully-executed Amendment is
received, so that pending transactions may be completed without interruption.
Please contact the appropriate NSP staff member if you should have any questions or require
further information.
Sincerely,
Brooke Bos n
Deputy Executive Director
221 East 11th Street P.O.Box 13941 Austin,Texas 78711-3941 (800) 525-0657 (512) 475-3800 ,2,
. J
Texas Neighborhood Stabilization Program
August 20,2014
Page 2
Please note that extensions of the NSP1 Contract No 77090000154 will not be available. Any activities
that have not reached closing of the homebuyer purchase by August 31, 2019 will be considered ineligible, and
any associated costs will be disallowed. Therefore, it is imperative that you are able to complete the remaining
homebuyer transactions and we are eager to assist you in any way we can.
The Texas NSP staff is available to provide technical assistance to support your successful completion of
the NSP1 activities. Please contact Sue Nance at sue.nance @tdhca.state.tx.us or (512) 936-7741 directly if
training or support is needed.
Sincerely,
Brooke Boston
Deputy Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE PROGRAM INCOME("NSP1-PP")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
AGREEMENT#77090003154
WITH
CITY OF PORT ARTHUR,
AMENDMENT NO. l ("First Amendment")
This AMENDMENT NO. 1 ("First 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("Subgrantee"),hereinafter collectively referred to as"Parties", is executed by the Parties
to be effective as of August 31,2014.
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 November 14, 2013.
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, 2015 (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 First 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 First Amendment,and the Subgrantee hereby acknowledges and reaffirms
its liability there under. In the event of an inconsistency between this First Amendment and the terms of
the RSP Agreement,this First Amendment shall govern.
3. This First 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.
5. By signing this First Amendment,the Parties hereto expressly understand and agree that this First
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 31,2014:
SUBGRANTEE:
CITY OF PORT ARTHUR,a political subdivision of the State of
Texas
By:
Name: John A. Comeaux,P.E.
Title: Interim City 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:
i
Name: t ii;.
Its: Duly authorized officer or representative
Date: j �ci�lU