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Home My WebLink AboutO-1993-1911-A - . ORDINANCE NO. 93-1911-A AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR INCLUSION OF CITY OF LA PORTE POPULATION WITH HARRIS COUNTY FOR THE PURPOSE OF APPLICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further e . ORDINANCE NO. 93-1911-A Page 2 ratifies, approves and confirms such written notice and the contents and posting thereof. sect~on 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of August, 1993. CITY OF LA PORTE BY~~ Mayor A5:~ Sue Lenes city Secretary ,. e . 42,990 AMENDMENT TO AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Amendment to Agreement, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the state of Texas, hereinafter sometimes referred to as "County," and THE CITY OF LA PORTE, a municipal corporation under the laws of the State of Texas, hereinafter sometimes referred to as the "city," to amend the Agreement previously entered into by said parties in the following respect: WHEREAS, said Agreement contained the following paragraph at Article V, section (l): "This Agreement shall remain in full force and effect for the following period: (l) During the entire urban qualification funding period for Fiscal Years 1994-96 and for such additional time as may be required for the expendi ture of CDBG and HOME funds granted to the County for such period, as well as any income received with respect to such period. The City acknowledges that it has been advised and is aware that federal regulations applicable to the Grant Applications do not permit the county to allow the City to withdraw from this Agreement or otherwise terminate this Agreement at any time during this period, unless the County fails to receive a grant for any year during such period." WHEREAS, the undersigned parties desire to amend the Agreement to read as follows: "This Agreement shall remain in full force and effect for the following period: (l) During the entire urban qualification funding period for Fiscal Years 1994-96 and for such additional time as may be required to complete the funded acti vi ties and to expend the CDBG and HOME funds and income received by the County for such period. The City acknowledges that it has been advised and is aware that federal regulations applicable to the Grant . -. - - . Applications do not permit the County to allow the Ci ty to wi thdraw from this Agreement or otherwise terminate this Agreement at any time during this period, unless the County fails to receive a grant for any year during such period. II The Agreement is hereby amended as stated above. In all other respects the Agreement shall remain the same. This Amendment to Agreement shall be of no force and effect unless and until it is executed by both parties hereto and certified by counsel for all parties hereto on the forms set forth below. IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by the parties hereto as follows: I .; J , .- / a. It ha~n executed ~arriS County on the day of , 1993, by the County Judge of Harris Co nty pursuant to an order of the Commissioners Court of Harris County authorizing such execution; b. It has been executed on behalf of the City of La Porte on the ~~....Q day of _~J.,,"t' , 1993, by its Mayor and attested y its City Secretary, pursuant to ordinance of the City Council of the City authorizing such execution. .",,-,,~S'>~~"''f:'' ':" . ~'!-:~: 4...... '~- ":~~- .~. "..,. ... ';J -;'~~Q' }< ~ i~ ~ ~ {._.."~ ~ a.:.~ .k. _ :~.,.*~6v': .;~.~~! :~~ City Secretary CITY OF LA PORTE B~4 2 0, r or .". . e e CERTIFICATE OF CITY ATTORNEY I have examined the foregoing Amendment to Agreement, and as City Attorney of the City named therein, I certify that the terms and provisions of the foregoing Amendment are fully authorized under state and local law applicable to the city (including but not limited to the City's Charter and Ordinances). g-/? - f3 f3;;HW. Date City Attorney CERTIFICATE OF COUNTY ATTORNEY. HARRIS COUNTY. TEXAS I have examined the foregoing Amendment to Agreement, and as statutory civil counsel to the County named therein, I certify that the terms and provisions of said Amendment are fully authorized under state and local law, and that the Agreement hereby amended provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. To the extent that this certificate relates the state and local law applicable to the City (including but not limited to the City'S Charter and ordinances), this certificate is given in total reliance upon the foregoing certificate of City Attorney, and the undersigned disclaims any responsibility or liability for the City Attorney's errors or omissions, if any, in making such certificate. MIKE DRISCOLL County Attorney <g~/tJ"f3 Date By ~J,~ LINDA J. MINOR Assistant County Attorney 3 .. . ~-) '" .. . e ORDER THE STATE OF TEXAS S S COUNTY OF HARRIS S On this the 7U day of ~~ O~ , 1993, the commissioners Court, sitting as the governing body of Harris County, Texas, at a regular meeting, upon motion of Commissioner ~~ , seconded by Commissioner ~~ duly put and carried, IT IS ORDERED that the county Judge Jon Lindsay be, and he is hereby, authorized to execute for and on behalf of Harris County, an Amendment to Agreement between Harris County, and the City of La Porte, for the purpose of cooperating in the county's Communi ty Block Grant Applications for Fiscal Years 1994-96, as such term may be automatically extended, which Amendment to Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein. PRESENTED TO Commissioners Court Date SEP 0 7 _ Recorded Vol. yage