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April 20, 2010 Agenda
AGENDA CITY OF DENTON CITY COUNCIL April 20, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 20, 2010 at 2:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Requests for clarification of agenda items listed on the agenda for April 20, 2010. 2. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2010 2014 Consolidated Plan for Housing and Community Development and the 2010 Action Plan and give staff direction. 3. Receive a report, hold a discussion, and give staff direction regarding the upcoming General Obligation, Certificates of Obligation, and Utility System Revenue Bond debt issuances. 4. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 22 of the Denton Development Code (DDC) regarding gas well drilling and production. The discussion will include an analysis of gas well and production ordinances of neighboring cities within the Metroplex area, and responses and findings of information requested by the City Council during the December 1, 2009 Work Session on gas well drilling and production. 5. Receive a report, hold a discussion, and give staff direction regarding the draft Denton Property Maintenance Code. 6. Receive a report, hold a discussion and give staff direction regarding amending Section 25-10.(b) of the City of Denton Code of Ordinances; and to consider repealing Article X "Construction Advisory and Appeals Board" of Chapter 28 of the Code of Ordinances; create a new Article X within Chapter 2 of the Code of Ordinances. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. City of Denton City Council Agenda April 20, 2010 Page 2 1. Consultation with the City's attorneys on legal issues related to the issuance of debt as allowed by state and local law. B. Consultation with Attorney - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074. 1. Consultation with the City's attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, city auditor, and/or the municipal court judge where public discussion associated with these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary of Professional Conduct of the State Bar of Texas. Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, city auditor, and/or the municipal court judge. C. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. 1. Receive a presentation from Staff regarding public power competitive and financial matters, and discuss and deliberate regarding the possible installation of a state-of-the-art combined heat and power (CUP) tri- generation station in the industrial district in the City of Denton. 2. Discuss, deliberate and receive information from staff regarding public power competitive and financial issues involved with the proposed Amendment to Power Sales Contract regarding the Texas Municipal Power Agency. Consultation with the city attorney regarding legal issues associated with the proposed Amendment to Power Sales Contract, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council and would clearly conflict with the duty of the City's attorneys to the City of Denton, Texas and to the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda April 20, 2010 Page 3 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Resolution of Appreciation for Tom Shaw 2. Presentation of the Texas Department of Transportation Aviation Division 2010 Reliever Airport of the Year Award 3. Denton Redbud Festival Day Proclamation 4. National Financial Literacy Month Proclamation 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider approval of a resolution of the City Council of the City of Denton, Texas, renewing a policy for tax abatement for the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. The Economic Development Partnership Board recommends approval (7-0). City of Denton City Council Agenda April 20, 2010 Page 4 B. Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of gasoline and diesel fuel in accordance with provisions of state law exempting such purchases from requirements of competitive bidding, and providing an effective date (File 4496-Emergency Purchase of Gasoline and Diesel Fuel to Martin Eagle Oil Co. in the estimated amount of $426,000). C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492-Interlocal Agreement for Gasoline and Diesel fuel with Tarrant County, contract awarded to Martin Eagle Oil Co., in the annual estimated amount of $5,300,000). D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of 36 inch, 42 inch and 48 inch sanitary sewer from east of Woodrow Lane across Ruddell Street to Mulberry Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 4481-awarded to the lowest responsible bidder meeting specification, Wright Construction Co., Inc. in the amount of $1,483,490). The Public Utilities Board recommends approval (5-0). E. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of legal advertising for the City of Denton Planning Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas local government code exempting such purchases from the requirements of competitive bidding, and providing an effective date (File 4499-Purchase of Legal Advertising for 2010 Annexation Program in the amount of $54,621). F. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds; and providing for an effective date. ($550) G. Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). H. Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 23, 2010, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. An increase in decibels will not be needed. Staff recommends approval of the request. City of Denton City Council Agenda April 20, 2010 Page 5 L Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Staff recommends approval of the request. J. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. K. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Amended Power Sales Contract regarding the Texas Municipal Power Agency, a Texas Joint Powers Agency, executed by its four Member Cities, the Cities of Bryan, Denton, Garland and Greenville, Texas; authorizing the City Manager and City Attorney to act on the City's behalf in executing the Amended Power Sales Contract together with all necessary supporting documents; and to take such other and further actions as are necessary in order to effectuate and finalize the Amended Power Sales Contract; authorizing the expenditure of any funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing inviting citizens to comment on the City of Denton's 2010 2014 Consolidated Plan ,for Housing & Community Development and the 2010 Action Plan. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $64,000,000; and providing for an effective date. B. Consider nominations/appointments to the following Boards and Commissions: 1. Construction Advisory and Appeals Board 2. Parks, Recreation and Beautification Board C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Margarete Neale regarding the city's gas/drilling ordinances. b. Sharon Wilson regarding gas drilling and Denton's drilling ordinance. C. Brandon Adams regarding Fry Street. d. Cathy McMullen regarding the urgent need for gas well drilling ordinances in Denton Texas. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation City of Denton City Council Agenda April 20, 2010 Page 6 of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2010 2014 Consolidated Plan for Housing and Community Development and the 2010 Action Plan and give staff direction. BACKGROUND Using a process with input from citizens and local non-profit organizations, staff developed Denton's 2010-2014 Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2010 Action Plan represents the first year of activities designed to meet the City's five-year strategy. The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funding. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in November 2009. The hearings were held in both English and Spanish. Public hearing outreach included the following: 1. Emails to Chamber of Commerce, Black and Hispanic Chambers; 2. Emails to leaders of SEDNA, Denia and the Denton Neighborhood Alliance to send out to their membership; 3. Letters to several churches in low/mod neighborhoods including churches with Spanish- speaking congregations; 4. Newsletters; 5. Newspaper Advertisements. Application availability was advertised from November through December. Staff held application workshops in January. CDAC and HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to present to City Council. Staff has developed the 2010 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. Please refer to your 2010 Action Plan for additional information and minutes of the CDAC and HSAC meetings. ESTIMATED PROJECT SCHEDULE Public comment period April 3 through May 3 CDAC & HSAC presentation to City Council April 20, 2010 Public Hearing April 20, 2010 Action Plan approval May 4, 2010 Submission of Action Plan to HUD June 15, 2010 HUD release of funds & program initiation August 1, 2010 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure improvements. CDAC recommended $1,338,297 in CDBG and, HOME funding be allocated to various projects and programs. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City General Fund dollars. Though the list of General Fund recommendations is included in the Action Plan, the approval of the Plan does not include approval of those recommendations. General Fund recommendations will be considered during the normal budgeting cycle. HSAC recommended awards of $141,180 in CDBG funding to various programs. HSAC also received notification that approximately $5,000 in additional CDBG funding is available for human services activities. The committee will be meeting as soon as possible to revise their recommendations to include the additional funds. FISCAL INFORMATION All projects and programs approved under the 2010 Action Plan are funded through CDBG, HOME and program income from the use of these funds. No General Fund dollars are included in the proposed Action Plan activities. Some General Funds are budgeted for program administration. EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. Draft 2010 Action Plan for Housing and Community Development 4. Draft 2010 - 2014 Consolidated Plan for Housing & Community Development Respectfully submitted: /I f Mark Cunningham Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 1 Non-Profit Denton Affordable Housing Corp $87,100 $87,386 Denton City County Day School Improvements Light Fixture $5,300 Cabinets/Sinks $7,100 2 Non-Profit Water Heaters $2,100 $2,100 Resource Room $6,100 $6,100 Park Benches $5,200 Outside Lights $2,100 $2,100 Outside Canopy $29,850 $29,850 Denton Co. Seniors Housing, Inc. 3 Non-Profit $26,625 dba Fairoaks Of Denton Fred Moore School - Phase I Activities Roof Repair $54,050 $54,050 Drainage & Small Retaining Wall $21,038 Repair HVAC Replacement $29,350 $29,350 Flooring Replacement $10,691 Exterior Window Replacement $15,000 $15,000 Painting $14,900 Electrical Repairs $5,000 $5,000 4 Non-Profit Plumbing Repairs $6,500 $6,500 Door Replacements $6,000 $6,000 Entry Reframing $4,500 $4,500 Page 1 of 3 April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 Fred Moore School - Phase 11 Activities Planning and Engineering $7,000 Playground Equipment $15,000 Construction of Retaining Wall $90,000 Construction of Parking Lot $90,000 Landscaping and Irrigation $20,000 Fencing $28,000 Mack Park Shelter Project $40,000 $40,000 5 Parks & MLK Center ADA Accessible Parking $22,000 $22,000 Recreation Dept. Quakertown Park ADA Accessible $126,500 $73,031 Sidewalk Project Ruth St. Sanitary Sewer Line $248,500 $248,500 Replacement Clifton St. Sanitary Sewer Line $60,500 Replacement Morse St. Sanitary Sewer and Water Line Replacement $362,000 Utility & CIP Alexander St. Sanitary Sewer Line $60,200 6 Engineering Replacement Dept. Baldwin St. and Ramey Circle Water Line Replacement $168,500 Kerley St. Water Line Replacement $288,000 Egan St. Sidewalks $93,200 Crescent St. Sidewalks $149,100 7 CD Division Home Improvement Program $350,000 $75,000 $275,000 8 CD Division Homebuyer Assistance Program $250,000 $56,160 $193,840 9 CD Division Minor Repair Program $125,000 $125,000 TOTAL FUNDING RECOMMENDED $2,932,004 $800,241 $556,226 TOTAL FUNDING AVAILABLE $1,356,467 $800,241 $556,226 Page 2 of 3 April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 TOTAL FUNDING DIFFERENCE ($1,575,537) $0 $0 F-1 Shaded requests are HOME eligible activities Page 3 of 3 2010-11 Human Services Advisory Committee Recommendations for Funding 2010-11 ORGANIZATION 2009-10 Requested Recommendation Award 1 Health Services of North Texas 12,550 30,000 21,394 (Previously known as AIDS Services of North Texas) 2 Camp Summit 4,000 14,810 2,944 3 Court Appointed Special Advocates (CASA) 10,000 12,000 11,000 4 Children's Advocacy Center 7,500 85,975.28 9,833 5 City of Denton - Owsley Summer Program 6,000 30,714.10 5,944 6 PARKS MLK Program 6,000 30,714.10 5,944 7 Communities in Schools 5,000 5,000 5,000 8 Day Stay for Adults 7,500 8,000 6,778 9 Denton Christian Preschool 22,000 22,500 22,056 10 Denton City County Day School 26,550 36,000 26,222 11 Denton Co. Friends of the Family 24,000 30,000 26,111 12 Family Health Care, Inc. 20,585 23,500 20,787 13 Fred Moore Nursery School, Inc. 23,720 50,000 23,556 14 HOPE, Inc. - HMIS 18,000 18,000 18,000 15 HOPE, Inc. - Transitional Housing 20,950 22,000 21,889 16 Retired Senior Volunteer Program (RSVP) 7,530 10,000 7,900 17 Special Programs for Aging Needs (SPAN) 18,374 25,000 21,167 People's Clinic of Denton Co. 14,000 Total 254,259 454,213.48 256,525 FUND 2008-09 2009-10 2010-11 General Fund $119,602 $119,796 $115,345 C. D.B.G. $131,398 $134,463 $141,180 Total $251,000 $254,259 $256,525 General Fund - Fair Share $27,500 3/31/10 2010-11 Estimated DRAFT city of Denton Consolidated Plan for Housing and Community Development 2010-2014 e t i , Housing Park Facilities <ara Public Improvements Human Services CITY OFDENTON, TEXAS COIVIMUNITYDEVELOPMENT DIVISION Denton City Council Mark Burroughs, Mayor Chris Watts, District 4 Charlye Heggins, District 1 Pete Kamp, At Large Place 5 Dalton Gregory, District 2 Joe Mulroy, At Large Place 6 Jim Englebrecht, District 3 George Campbell, City Manager Community Development Advisory Committee Dr. Ron Aldridge Lisa Melby Sandra Benavides Cathy Tedrick Herbert Holl Dorothy Watts Gerard Hudspeth LaNelle Winn Ray Jordan Human Services Advisory Committee Mary Behrens Maria Minerva Villanueva- Simental Teddy Griffin Steve Pogue - Chair Jan Hillman Dr. Richard Stream Mary Ann McDuff - Vice Chair Megan Stoker Mari Metzgar Community Development Division Angel Delgado, Administrative Assistant Gordon Meredith, Residential Const. Specialist Nancy Baker, Housing Programs Manager Luisa Rodriguez-Garcia, CD Coordinator Alma Espino, Human Services Coordinator Barbara Ross, Administrator SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies, departments and committees who participated in developing the City ofDenton's 2010-2014 Consolidated Plan. Approved by Denton City Council on Submitted to the U& Dept o f Housing and Urban Development in June 2010. www.cilyofdenton.com ADA/EOE/AREA TABLE OF CONTENTS 1. INTRODUCTION 1 IL CONSULTATION AND CITIZEN PARTICIPATION 2 III. POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS 5 IV. HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing 23 b. Owner-Occupied Housing 27 C. Homeownership ..................................................................................................29 d. Special Needs Housing 32 e. Public Housing 34 f Homelessness and the Continuum of Care 34 g. Lead-Based Paint Hazards 42 VII. NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services 45 b. Public Infrastructure and Public Services Facilities 49 C. Anti-Poverty and Economic Development 51 V. BARRIERS TO AFFORDABLE HOUSING 53 VI. INSTITUTIONAL STRUCTURE 61 VIII. APPENDICES a. HUD Priority Needs Tables for Housing and Community Development 65 b. Denton Citizen Participation Plan 68 C. Home Improvement Map 71 d. Denton's Permit Schedule 72 e. Homeless Count 2000 through 2005 79 f. Glossary 80 g. Focus Group Comments ..................................................................83 h. Fair Housing Plan ..........................................................................87 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U. S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Development Act of 1974. This formula-based program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title 11 of the Cranston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. Denton's 2010-2014 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. Denton's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit organizations, the educational community, elected leaders, the Community Development Advisory and the Human Services Committees and the City. This establishes a unified vision for community development actions. This process allows for more effective coordination of efforts by consolidating federal requirements, submissions and planning for Denton's CDBG and HOME programs. This plan will be effective beginning in the 2010 program year, August 1, 2010 and ending at the close of the 2014 program year, July 31, 2015. Any major revisions will be made by formal amendment to the Plan. Page 1 CONSULTATION AND CITIZEN PARTICIPATION The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 67 for Denton's Citizen Participation Plan. LEAD AGENCY The Community Development Division, City of Denton, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Development. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, HOME, Supportive Housing Program and Emergency Shelter Grant (State funding) funds. Also, Denton's only Community Housing Development Organization, the Denton Affordable Housing Corporation and other housing providers such as Habitat for Humanity. CONSULTATION PROCESS A. Community Needs Assessment - Community Development staff carried out a community needs assessment. The needs assessment included conducting various focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed two major questions: (1) What do you see as the top three most significant issues or problems facing residents of the City of Denton? (2) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet these identified issues and problems? The coalitions used as focus groups represent a various health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, senior services, childcare, social service agencies, Denton and Lewisville school districts, early childhood intervention programs, family support agencies, Denton County Mental Health Mental Retardation, the North Central Texas Council of Governments and volunteer programs. (See Appendix G, page 85 for focus group comments). B. Public Hearings - Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish. See Action Plan for comments obtained from the public hearing process. C. Denton Housing Assistance Providers - Discussions with local housing assistance providers regarding housing priority needs and filling the gaps on the institutional structure. Page 2 D. Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). On an annual basis, these committees use information in the Consolidated Plan along with current community input to advise City Council regarding the expenditure of CDBG and HOME funding. The HSAC committee also develops recommendations for general fund dollars for public services. E. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. F. Other Cities - The following were contacted and invited to comment on the Consolidated Plan: Argyle, Corinth, Flower Mound, Fort Worth, Krum, Lewisville, Shady Shores, Denton County and the Texas Department of Housing & Community Affairs. No comments were received. G. Continuum of Care - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. H. Geriatric Services Workgroup - The Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the Geriatric Services Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION A. Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. B. Community Development staff held focus groups with various associations/organizations, including a) Geriatric Services Workgroup, a collaborative of senior service organizations; b) Denton Information Network (various County, area-wide and City service providers) c) Denton County Homeless Coalition Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 7th and 10th. The December 10th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked about the needs of the community. Both of the public hearings were held within low and moderate-income neighborhoods. Information on the public hearings was included in the Community Development newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; City Council, Human Services Advisory Committee (HSAC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the local newspaper, the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisements were placed in the Denton Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U. S. Department of Housing and Urban Development. The advertisement also included timeframe for the thirty-day comment period, the locations of the plan and where to direct comments on questions. Adjacent communities were contacted. They were given the opportunity to review the 2010- 2014 Consolidated Plan and provide comments. To ensure citizen participation at all stages of the 2010 Consolidated Plan process, one public hearing was be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the proposed 2010 Consolidated Plan. of the 2010 n Punt for c t- the publi ° - r 9. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Denton's population growth and projected growth to the year 2030. From 1990 to 2000 the population increased by 21.5%. If U. S. Census Bureau estimates are correct, it will increase by almost 55% from 2000 to 2010. The only decrease in the growth rate occurred between 2000 and 2005. According to the Census Bureau, Denton is among the top ten fastest growing cities in the nation. Population Growth and Projections "ear Population ° o Change 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92,375 14.7% 2010 124,746 35% 2015 149,695 20% 2020 173,646 16% 2030 229,213 32% Source: University of North Texas Center for Economic Development & Research Population by Race and Ethnicity From 2000 to 2007, according to U.S. Census Bureau estimates, the percentage of all racial/ethic groups increased except for the American Indian, Asian & Pacific Islanders and "Other" single race. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity RacelEthnicity 2000 2007 Estimate Chan,e 2000 to 2007 Persons % of Persons % of Change % Change Total Total White 60,900 75.6% 80,791 79.2% 19,891 32.7% Black or African American 7,344 9.1% 10,385 10.2% 3,041 41.4% American Indian 464 0.6% 482 .05% 18 3.9% Asian & Pacific Islanders 2,774 3.4% 2,926 2.9% 152 5.5% Other Single Race 7,126 8.8% 3,818 3.7% (3,308)* -46% Two or More Races 1,929 2.4% 3,654 3.6% 1,725* 89.4% Total Population 80,537 100% 102,056 100% 21,519 26.7% Hispanic Origin (Any Race) 13,188 16.4% 18,599 18.2% 5,411 41% Source: 2000 U. S. Census Data and American Coimmmity SuR-ey Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2007 U. S. Census Estimates Two or More American Asian & Races Indian Pacific 2% 0% Islanders 3% Other Single Black Race 8% 8% Ori spank y Race) 14% According to the 2000 Census, CT 212 in Southeast of downtown Denton and CT 209 have the highest percentage of minorities by race in Denton with 47.28% and 42.42 respectively. CT 209 and CT 206.02 have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information by census tracts on minority concentration. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race Minority Concentration by Ethnicity Census Tract Percenta-e of Census Tract Percenta,-,e of Hispanic y'linorities of am race 213.01 ?3.10% 2L 21.46% 204.01 25.15% 214.01 23.26% 207 27.00% 206.01 25.54% 206.02 27.87% 208 25.67% 208 29.65% 206.02 27.47% 211 30.37% 209 37.48% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U.S. Census Source: 2000 U.S. Census Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. E Minority Concentration by Census Tracts 2UG01 " 0 - 25% 206.02 +25%-30% 207 _..;M.._. +31%-40% 21.1 +41%-50% 212 +50%-100% Source: U.S. 2000 Census 209 ~ Y Housing Supply The tables below indicate that the number of housing units has increased by an estimated 31.6% from 1990 to 2007. The greatest increase was in the percentage of single-family units. The definition of "single-family" includes both single-family detached and attached units. City of Denton Housing Stock Comparison 1990-2007* Year Sin,_,le Detached Nhdti-Unit Other TOTAL Units Attached Housing Units Housing, Units 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 2007 21,403 14,552 1,945 37,900 % Change +62% +8.8% -12.2% +31.6% From 1990 Source: U.S. Census of Population and Housing, American Conumuiity Survey *2007 munbers are estimates Page 7 City of Denton 2000 Housing Stock & Vacancy Rate 1 Units No. of Percent of Vacant Vacancy Housin Units Total Units Units Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1 % 0 0% TOTAL 32,753 100% 1,853 Source: U. S. Census of Population and Housing 2008 Housing Stock Estimates Hous1111; Units No. of Units °o of Total Units Single Family 22,419 54% Multi-family 17,183 42% Mobile Home 1,592 4% Other 0 0% TOTAL 41,194 100% Source: American Coummwity Su R-ey The 2000 Census information and 2008 American Community Survey estimates information above indicates that percentage of single-family units has increased and now makes up 54% of the housing units rather than the 50.1% in 2000. The percentage of multifamily has decreased by 2%. According to the 2008 estimates, rental vacancy rates have decreased since 2000 and are now at 8.2%. There is a 25.8% increase in the number of housing units available since 2000. City of Denton Number of New Units Permitted 1990-1998 Year Sin'le-Family SIII'de-Family Nlulti-Family Total Detached Units Attached l_!nits Honsin(" Units Units 1990 104 0 17 121 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 Percent 58% 1% 41% Source: City of Denton Building Inspections Department, 1999 Page 8 Building Permit Activity From April 2000 to October 2004 Time Period Total Units Single-Family Multi-Family SF and NIF OnIN No. of Units Percentage No. of Units Percentage Census-April 2000 30.,044 10,400 100 14, 544 470o Units based on final building, permits 4/2000 - 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002 - 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003 - 12/2003 35,844 897 55.37% 43 44.63% 1/2004 - 10/2004 37,761 899 55.07% 928 44.93% Total Units 37,671 20,747 55% 16,924 45% Source: City of Denton Planning & Development Department Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units continues through 2000 and beyond as indicated by the chart below. The adopted Denton Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Building Permit Activitv 2005 - 2008 2005 2006 2007 2008 Single Family Permits 1,242 949 786 410 Two Family Permits 5 70 9 6 Multi-Family Permits 3 5 3 3 Source: Housing Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitment that residents have for their community. Rental units are often seen as more affordable than owner-occupied housing. In 2000 the homeownership rate of 41.7%, showed that Denton had a very low percentage of owner-occupied housing units compared to the State's percentage. The large number of university-related households was a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner- occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of the overall Texas rate. From 1990 to 2000 the percentage of owner-occupied units increased. The 2008 ACS estimates that the owner-occupied unit percentage increased to 47.2%. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. Page 9 2000 Owner/Renter Comparison City of Denton & State of Texas Owner-Occupancy Rate Flower 1960 - 2000 Fear Carrollton Denton 1\lound LexxisN ille City of State of Year Denton Texas Total 39,136 30,895 16,179 30,043 1960 60.3 64.8 Owner 1970 51.3 62.7 occupied 25 710 12 960 15 024 16 184 1980 46.7 67.2 Renter 1990 39.3 60.9 occupied 13,426 17,935 1,155 13,859 2000 41.7 63.8 Source: U.S. Census of Population and Housing Source: U.S. Census of Population and Housing With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of Denton's population of 26,844 represented more than 56% of all the population in Denton County. Since then, Denton has become a smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more renter-occupied units were added to the housing supply. Between 1960 and 2000, additional renter-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. Information on 2000-04 building permits indicates that the percentage of single family housing continues to increase. However, as indicated in the chart below, Denton continues to have a significant percentage of renter-occupied units. City of Denton Population & Housing Tenure 1960 - 2008 Year Population Ovhner-Occupied Units Renter-Occupied Units 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 2008 115,022 17,340 19,371 1960-2008 +88,178 +12,746 +16,346 % Change +329% +277% +540% 1960-2008 Source: U.S. Census of Population and Housing and American Cormmwity SuR-ey estimates Page 10 Housing Market Analysis - 2000 Vacancy e & 1 3+ Substandard Housing Stock Inventory Rate Bedroom 2 Bedrooms Bedrooms Total Units Units Rented/Owned Occupied Units: Rentei 8272 6360 3,N 1 18013 Occupied Units: Owner 485 1669 107, 12887 Vacant Units: For Rent 4% 484 530 175 1189 Vacant Units: For Sale 1% 20 60 180 260 Total Units Occupied & Vacant 9261 8619 14469 32349 Rents: Applicable FMRs (in $s) 713 868 1,412 Rent Affordable at 30% of 50% o I (in $s) Public Housing Units Occupied Units 0 0 0 0 0 0 Vacant Units 0 0 0 0 0 0 Total Units Occupied & Vacant 0 0 0 0 0 0 Rehabilitation Needs (in $s) 0 0 0 0 0 0 Rental housing in the city is not only prevalent in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 Occupied Total Percent Owner Percent Renter Percent H OCCLIJ Units Occupied Of Total Occupied Owner- Occupied Renter- ` Units Units Units Occupied Units Occupied Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,0133 58.3% Source: U.S. Census of Population and Housing Condition of Housing Census figures indicate that 9,875 housing units in Denton were built before 1970. In 2000, this number represented approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percentage of these units are located in the low-income areas of Denton. Page 11 The City's Code Enforcement Division completed a Housing Conditions Survey in Jan/Feb 2010. The results of the survey indicate that a significant number of potentially substandard units are located in low to moderate-income neighborhoods. Below is a listing of the census block groups with five or more units that have exterior substandard features. Census Block # of Substandard Tract Group Units 204.02 4 5 206.01 3 5 206.02 2 15 206.02 3 21 208 3 5 210 3 5 211 1 11 212 2 34 213.01 1 7 213.02 4 7 214.01 2 25 (mobile homes) Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, it was noted that the period from 1993 to 1998 Denton saw a 60% increase in housing price in the area. From 1998 through 2009, the median sales price, based on all housing transactions in the Denton Multiple Listing Service (MLS), area increased by 28%. From 1997 to 2003 the percentage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percent. This is a significant decrease in the availability of units in this price range. Page 12 Denton MLS Area Annual Median Sales Price of Houses 1997- 2009 Average Cost of Apartments in Year Annual N~ledian Price Denton 1998 $124,800 No. of Bedrooms A\-ernge Price 1999 $132,800 Efficiency $428.00 2000 $144,700 1 Bedroom $538.00 2001 $151,000 2 Bedroom $687.00 2002 $152,100 3 Bedroom $898.00 2003 $153,900 Source: Planning and Development Dept., City 2004 $155,500 of Denton - 2005 2005 $158,200 2006 $161,600 2007 $165 900 Denton is home to two State universities - The $160,100 University of North Texas and Texas Woman's 2008 2009 (est) $159,100 University. As a result, occupancy rates during the Change +28% fall, winter and spring are higher. Occupancy Source: Real Estate Center at Texas A & M levels are substantially reduced during the summer University months. Housing cost information below indicates that Denton has a significantly higher number of single-family units valued below $120,000 than the surrounding communities. More than 55% of Denton's single-family units fall into this range. The community with the next highest percentage is Lewisville with less than 35% of units being valued at less than $120,000. 2006 Average Home Values The Fluvyer Hi<_Yhland Lake (AN C~olon~ Connth Denton Mound Village Dallas Le\\is\ille Average Value $139,657 $172,374 $130,657 $246,834 $252,934 $102,072 $141,091 Source: Denton Central Appraisal District Denton continues to have average home values that are lower than most of the surrounding communities. The information above is the most recent report data from the Denton County Page 13 Household Size, Composition and Income 2004 Single-Family Units by Appraised Value Range in Appraised Flower Highland Value Denton Lewisville Mound Village Corinth $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 446 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 10 1,176 317 10 $750,000 and Above 3 - 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in Denton has decreased from 3.0 to 235 persons per household. In 2000, 66% of all households in the city had only one or two persons. The 2008 ACS estimate states that the average household size increased to 2.74 persons per household. City of Denton - Persons per Household 1960- 2008 Population Total _ I opulation in Number of I ersons I er a"ear Population I» KI1OUp Ouar rs Households Households Household te 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 2008* 115,022 Not available 100,513 36,711 2.74 Source: U.S. Bureau of Census; *2008 Estimate ACS University students living off-campus may be responsible for both the decreases in owner- occupancy and household size in Denton. In 1970, the group quarters population in Denton was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of Page 14 the total population. As stated above, from 1960 to 2008, the average household size in Denton went from 2.97 down to 2.31 in 1990. It has now increased to an estimated 2.74. In 2000 household size in Denton was approximately 12% less than in Denton County as a whole - 235 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. In 2000, Denton had a significant majority of small households. Two of every three households had only one or two people; less than one of every five households had more than three people. It is anticipated that 2010 census information will show that household size in Denton has continued to increase. City of Denton - Number of Persons per Household - 2000 Number of Persons Number of Percent of all Cumulatiy e Percent In Household Households Households of all Households 1Person 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3 393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons 401 1.3 100 Source: U.S. Bureau of Census In 2000, Denton continued to have an unusually small percentage of residents that live in family households, compared to other entitlement cities in the area. 2008 estimates indicate an increase in the percentage of population in households to 87.4%. We may also see an increase in family households in the 2010 Census. Citv of Denton - Percent of Po ulat. in Families in 2000 City Population Percent of Population Person Per In Families Household Denton 80,537 62.4% 2.3 5 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94%. 3.12 Denton County 432,976 81.7% 2.67 Source: U.S. Bureau of Census As late as 1970, the population of the City of Denton accounted for more than half the total population of Denton County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percent of all persons, 22% of all households, and 10% of all families in Denton in 1990 lived in poverty. The percentage of families living in poverty in the balance of the county was 3%. The city had more than half of all persons and households in Denton County that lived in poverty and almost half of all families. Page 15 Denton County Comparison Persons, Households & Families In Povertv - 1990 City of Denton F Denton City as a °0 Denton County of the County Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70 331 19.6 Families in Poverty 1,366 3 195 42.8 Source: U.S. Bureau of Census, 1990 2000 Census information continues to illustrate that fact that Denton has a higher percentage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Estimates from the 2006-2008 American Community Survey indicate that 19% of individuals and 9.7% of families residing in Denton are below the poverty level. Families with small children (under five years of age) and females with small children have the highest levels of poverty. According to the ACS, 45.5% of female-headed households with small children in Denton live in poverty. Denton County Comparison Persons & Families in Poverty - 2000 Reporting Area 111d1v ideals Below Families BcloN\ No. of of Families Poverty Lev cl Poverty Lc~ cl Families Bclo\\ Poverty Carrollton TX 6.057 1.180 4. 10 o Denton TX 11,776 1,446 16,407 8.8'%. Flower Mound TX 1 ?66 314 14,262 12% Lewisville TX 4,629 788 19,815 4.0% Denton County TX 28,039 4,601 111,324 4.1% Source: U. S. Bureau of the Census, 2000 In terms of household and family income, the City of Denton is lower than the rest of Denton County. Denton County Comparison Household and Family Income - 2000 Avg,. Household AN. Family City I S O 0 of COMM nReporting Area Income Income (Family Income) Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5% Lewisville TX 54,771 63,719 91.9% Denton County TX 58,216 69,292 Source: U.S. Bureau of Census Page 16 According to the 2000 Census information, the following maps show the concentrations of low- income households in Denton. Low-income concentration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income Concentration of Low/Mod Income by Block Groups 0-50% 51%-60% 61%-70% W 71%-80% 81%-90% 91%-100% Source: 2000 U.S. Census Page 17 Housing and Assisted Housing for Low-Income Households The City of Denton has no conventional public housing. The Denton Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory Organization Type of Assistance Funding Source Number of Units Denton Housing Subsidized units in Authority City of Denton Section 8 1510* Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 276 Creek Units Primrose at Sequoia Affordable Senior LIHTC 250 Park Units Pebblebrook Affordable Family LIHTC 250 Apartments Units Pecan Place (DHA) Subsidized Senior LIHTC; CDBG 24 Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Quail Creek North Affordable Family LIHTC 264 Units Providence Place II Affordable Senior LIHTC 252 and Family Units Fairoaks Subsidized Senior Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME' 34 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 20 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 11 Housing Corp. Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Number of vouchers available Page 18 Homeless and Special Needs Housing and Services Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Tar,_;et Population Purpose DCTA Persons with Provision of a transportation system for transportation needs residents of Denton. Denton City County Low-income households Provision of day care with fees on a sliding Day School scale for low and moderate-income households. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Homebuyer program Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairoaks, Pecan Place Low-income elderly Provision of affordable housing and & Heritage Oaks support services. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Day Low-income households Provision of day care with fees on a sliding Nursery School scale for low and moderate-income households. Health Services of Low-income and indigent Provision of basic health care services and North Texas individuals services to individuals and hh's impacted by AIDS and HIV. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of employment counseling and Workforce child care assistance. People's Clinic Low-income households Provision of sliding scale primary health care. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Page 19 Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Tar,-;et Population Purpose SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. TTR[PS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Employment As of November 2009 the available workforce for the city of Denton was 63,857. The unemployment rate was 6% which was less than rate in Denton County and the State of Texas. Denton is fortunate to draw workers from the Dallas and Fort Worth areas representing more than 5 million people, as well as north to the southern Oklahoma border The following provides information on the major public and private employers in the City of Denton. Top Five Public Employers # of Jobs University of North Texas 7,762 Denton Independent School District -1 113 Texas Woman's University 1,586 Denton County 1,565 Denton State School 1,500 Top Five Private Em plovers # of Jobs Peterbuilt 1,500 Denton Regional Medical Center 867 Victor Equipment Company 751 Presbyterian Hospital 750 Sally Beauty Supply Co. 600 Page 20 MAJOR EMPLOYERS Employer Zip Code Employees Industry [Site Employment] • UNIVERSITY OF NORTH TEXAS 76203 7,762 EDUCATION] I ~ --TEXAS WOMAN'S UNIVERSITY 76205 1,586 EDUCATION • DENTON COUNTY (COMMISSIONERS COURT) 76201 1.565 PUBLIC ADMINISTRATION • PETERBILT MOTORS CO 76207 1.500 MANUFACTURING • DENTON STATE SCHOOL 76202 1.500 HEALTH CAPE • DENTON REGIONAL MEDICAL CENTER 76205 1 867 HEALTH CARE • THERMADYNE HOLDING CORP (VICTOR EQUIPMENT 76207 751 MANUFACTURING CO A DIV OF THERMADYNE) PRESBYTERIAN HOSPITAL OF DENTON 76201 750 HEALTH CARE • SALLY BEAUTY COMPANY. INC 76202 600 RETAIL • COUNTY OF DENTON 76205 540 PUBLIC ADMINISTRATION • WAL-MARTSUPERCENTER 76205 535 RETAIL • JOSTENS, INC 76210 465 MANUFACTURING I • ANDERSON MERCHANDISERS 76207 332 WAREHOUSE • TEXAS HEALTH ENTERPRISES INC 76201 1 312 HEALTH CARE • FEMA - TEXASNATIONALPROCESSINGSERVICE 76202 300 PUBLIC ADMINISTRATION CENTER • WAL-MART STORES INC 76205 300 RETAIL • TETRA PAK MATERIALS, L.P. 76207 300 MANUFACTURING • JAMES WOOD AUTO PARK 76210 287 RETAIL I~~~~•~-- VACATION TOUR & TRAVEL INC 76209 268 ADMINISTRATION • UNITED COPPER INDUSTRIES INC 76208 264 MANUFACTURING • SUPERTARGET 76205 264 RETAIL a w------------ *NCTCOG The following data from the Texas Workforce Commission shows average wages for specific occupations in Denton from a 2003 study. Wage Rates Occupation A%g. Wage AN. Entrv A%- Pe Hour Wage FE, perienced Wage Accountant/Auditor $28.31 20.07 33.34 Computer Programmer 34.71 25.59 43.35 Computer Support Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 9.34 13.36 Page 21 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maintenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Office/Administrative Support 14.41 10.62 17.31 Order Clerk 12.51 9.03 15.15 Production Worker 12.58 8.53 15.27 Registered Nurse 24.73 20.53 27.91 Retail Salesperson 11.21 7.57 12.31 Secretary 12.90 9.83 15.39 Telemarketer 12.40 8.64 13.99 Tool & Die Maker 18.87 14.99 22.84 Truck Driver 17.35 12.90 20.88 *Source Workforce Development November 2003 OES Survey Page 22 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housing The 2000 Census indicates that 12,688 or 71% of the 17,828 renter households in Denton are low-income. The table below illustrates that 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percentage of very low-income renter households in the City of Denton since 1990. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Renter households in need of housing assistance include those that: • Have an income that is less than 80% of the area median income • Pay more than 30% of their income on housing expenses, including utilities • Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE Low-Income Renters Household Total Household Extremely Very Low- Other Low- Type Lovl Income Income Income Low-Income Pei-cent 0-3000 3 1 -~00 0 5 I-500 0 Renters Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 1. 59% of Hispanic renter households are in this category. 2. 58% of Black non-Hispanic renter households are in this category. 3. 49% of White non-Hispanic renter households are in this category. 4. 48% of Asian renter households are in this category. Page 23 5. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. 6. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 7. 71.4% of large renter households report housing problems. 8. 54.8% of elderly renter households report housing problems. 9. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The Denton Housing Authority continues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the Denton Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics As of January 2010 Total Number Waiting for Assistance 1,771 White (non-hispanic) 745 - 42% African-American (non-hispanic) 938 - 53% Asian 43 - 2% American Indian/Alaskan Native 6 -.34% Hawaiian/Pacific Islander 5-.28% Multi-racial 34 - 1.9% Hispanic (any race) 264-14.9% Non Hispanic (any race) 1507 - 85% Source: Denton Housing Authority The percentage of low-income renters in Denton dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and rental rates. Though rental rates are still unaffordable for many households, the development of several new "family" apartment complexes has provided standard, affordable housing for many. Most of the units were developed through the State's Housing Tax Credit program. The number of LIHTC units in Denton is very close to the state per capita average. Rental housing activities will focus on maintenance of existing affordable units, bringing existing units up to building code standards and reducing lead hazards. Also, development of small mixed-income developments near major public transportation routes, shopping areas, schools, etc., self-sufficiency programs for those on assisted housing programs and homebuyer assistance for renters that are ready to move to homeownership should continue as housing program priorities. Page 24 ° 7~ 7~ o a. CZ cz y 0 bOA N U 0~ O 0 0 0 3 kr) O s.• O N O N O O O r--o ro o 0 -ot cz ~ ` o ~ U O pcl~ o p p L R o O o o O 0 Eli' 0 cz O w O s- O Py s- O U O CO) O.d ~ ~ ° ~ ro ° ° ° U ~ Q ° ~ p p ~ xUx o p o ~ • ot~ Q ~ aQ~ Q~Q~UE-~U ° U U CC ~ ~ O O ~ ~ U N U O'dJ U a ~ O c°) i x cz o o -o G Q C.0 o U W ~ f.d y o ro o y ono o w O O w U ~ IAI O i"' p.. N O O U O s-i N O c~.i 0 p O W.~ c~i~ 00 bn U U p cz AO cz yW UrC AUQ y w o'^'o o U 4.1 4-i CC cC v~ " ° ° ° o ' ° o cC U C) 7-- cz M O U N 'OUP" A W W U w W 'U A W 2 H U Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE Lovl Income Homeowners Total Household Type Lovl Household E.xtrernely Verv Low- Other Low- Income Percent Low-Income Income Income Homeowners 0-3000 31-5000 51-80°0 Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. • 12% of homeowners are very low-income • 67% of very low-income owners have housing problems • 62% of very low-income owners have a cost burden, 39% have a severe cost burden • 56% of Hispanic owners experience housing problems • 47% of very low-income owners are elderly Compared with renters, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of Denton's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percentage of very low-income owners experiencing housing problems. A high percentage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percentage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Page 26 O bA 0 ,4., cz cC O U cC O O 0 0 0 ° U N C r 0 cz P. U c) ~o s o o O o O a~ ° Q w o0 0 w ~ u cz o u ~ o° o r" = o cz C j W 'on O ro O U ro... ro w° -0 ro ro° °y ~ ~ D o ~ ~~o, a~ ~ ~ ~ Q ~ •v v o ~ o •o U aQx a~ UQUv~ ° cz O UUQQ IZ _ ~u U o ° ° P" o O =o ° o N to w ~ ~aaonQ cz O'd C.d a o U ow czw °QxU -0 r2 N u QOao ~~Qo QOoo. Uw o ~1 U w o onw O q o ° cz G. cad - Q ~ _O y C an o ro° o aA o o° N O o O.d -0 0 CZ C w 'C 'C v ro u y 7" o y ° w ~ ° cd N C r, 0 cC N s.. s.. O. bA--iS-'. U O s.. O "C c N U 'C O G' O N 'n 0 s~ w o w° w ro p o ! i = p . p p ' <i 0 u s0- ~7 co, V] M O U 0 2 C) CZ Homeownership The U. S. Department of Housing and Urban Development defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $159,700 represents the annual median sales price of houses in Denton in 2009. The City's current Homebuyer Assistance Guidelines require that housing units cost no more than $125,000 unless it is Energy Star rated. Units most affordable to Denton's low and moderate-income households would cost $100,000 or less. Housing Expenses on :average ° o of Sales Price different Sales Prices Sales Price $100,000 $125,000 W0,700 Principal & Interest with 5.5/o o $550.76 $688.44 $879.56 a 3% downpayment Property Taxes 2.40632% $200.53 $250.66 $320.24 Homeowners Insurance 1% $83.33 $104.17 $133.08 Mortgage Insurance .5% $41.67 $52.08 $66.54 Total Housing Expenses* $876.29 $1,095.35 $1,3199.1431' The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $55,977 or more could purchase a home costing $159,700. A wider range of low and moderate households could afford homes costing $100,000 or less. According to the Real Estate Center at Texas A&M University, the number of homes sold below $80,000 decreased until 2007 when the percentage began to increase. This trend was also true for homes that sold under $100,000. The table below illustrates the percentage of total homes sold from 2000 through 2009. Price Ranee for X000 2001 2OO2 200 2004 200 2006 2007 2005 200<) Homes Sold Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% 3.9% 3.3% 4.3% 4.7% 5.1% $80,000- 13.2% 10% 7.9% 6.4% 6.2% 5.3% 4.9% 4.8% 5.8% 5.0% $100,000 Source: Real Estate Center at Texas A&M University 2009 percentages are an estimate. Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that there are very few units are available in this price range. Page 28 Housing Options for Moderate-Income Households (80% AMI) 30,0 of Is a $ 100,000 Is a $12 .000 Is a $1 X0,700 Family Income House Affordable" House Affordable? House Affordable" Size Level Annual Income ($10_S I S annual ($1 3, 14411,03 1 ($10,703 annual cost) annual cost) cost) 1 $37,850 $11,355 YES NO NO 2 $43,300 $12,990 YES NO NO 3 $48,700 $14,610 YES YES NO 4 $54,100 $16,230 YES YES NO 5 $58,450 $17,535 YES YES YES 6 $62,750 $18,825 YES YES YES 7 $67,100 $20,130 YES YES YES 8 $71,400 $21,420 YES YES YES Housing Options for Very Low-Income Households (50% AMI) 30,0 of Is a $ 100,000 Is a $12 .000 Is a $1 X0,700 Family Income House Affordable" House Affordable' House Affordable' Size Level Annual 1 O'5 15 annual ($1 144 annual ($1 0,703 annual Income cost) cost) cost) 1 $23,650 $7,095 NO NO NO 2 $27,050 $8,115 NO NO NO 3 $30,400 $9,120 NO NO NO 4 $33,800 $10,140 NO NO NO 5 $36,500 $10,950 YES NO NO 6 $39,200 $11,760 YES NO NO 7 $41,900 $12,570 YES NO NO 8 $44,600 $13,380 YES YES NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. It would also indicate that very low-income households will often be renters rather than homeowners. Denton percentage of rental units to owner-occupied units is higher than other Denton County communities. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Denton, 14,433 had incomes from 81% to 95% of the area median income. The highest percentages of these households experiencing housing problems and cost burdens were in the elderly and large related renter households and large related owner households. A higher percentage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 29 _C) a. ° u P. ° ro 7EL ro U ° C U N U y + p s- " c~~d ,emu., O U bA cd U cz w a2 ~ ° 16) as ~j ct U cz -cot w U U Q a o o ro o CZ U O w O w o 0 0 0 o x o o o cz o it [--I a U,~UUw ~ ~ UQxQxUw Qxx U C v U o U M /1/~" CSC N W C u bA N • U ' _ 'O U C z 0 U° O a ct u Q one U " O U U ' ° ° U cF.i G' U cn U = . U U "C 05 a' U~ ro0U °U w v~ W a~v~QUQ~ a~ Dw°O2 CZ q 5 7:$ 03 u = CZ 7:$ r d 4.1o-o cz N0 A W ~ 2 A W o~ 2 A Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance Lovl Income Elderly Very Lo\y Other Loxy Total Lo\y Household Ewemely Low Income Income Income Household Type Income 0130' 0 31 - 500o 51 - 800o Elderly Percent Renters 427 50.4% 209 24.77 211 24.9% 847 25.01% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 201% 981 240% 3383 1040% Source: HUD analysis of 2000 Census Data Persons with Disabilities Acre Type of Disability Gender 5 - 15 1464 05 and Oyer Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 1357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Type of Estimated Supportive Services Needed Service Providers Household Need Elderly/Frail 381 Rental assistance, meals, Fairoaks Sr Hsg, Denton Hsg Elderly housekeeping, health care, Authority, SPAN, TX Dept of transportation Human Services, Aging & Disabilities Resource Center Page 31 Housing with Supportive Services Type of Estimated Supportive Seryices Needed Serv-ice Providers Household Need AIDS Impacted 74 Rental assistance, childcare, Health Services of North Households employment/workplace re- Texas, Denton Housing entry training, budget Authority, North Central TX counseling, nutrition Workforce Center assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR, impacted by support groups, transportation, Solutions of North Texas Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case Denton Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of Denton County Source: Denton-area special needs providers and TX Dept of State Health Services. 2005 Estimate of Needs The Geriatric Services Workgroup (GSW) is the lead entity for aging services planning process for Denton County, Texas. GSW meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The GSW consists of representatives from the City of Denton including parks and recreation, and community development officials as well as representatives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The Geriatric Services Workgroup indicated some strategies to assist the elderly and frail elderly including: (1) expansion of services (2) coordination of services, and (3) increased awareness of existing services to meet the needs of an aging elderly population. In response to these stated needs, providers in the area, led by the United Way and the Area Agency on Aging formed the Aging and Disability Resource Center. ADRC has already provided and information seminar and continues to develop new ways to address aging services in the area. In addition, affordable and appropriate housing for the elderly was identified as a major concern in both the 100% Geriatric Services in Denton County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maintain current housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 32 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Burt's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate of homelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 105 homeless in 2009 as follows: 119,454 * 8.6/10,000 = 105. A point in time survey conducted by the Denton County Homeless Coalition on January 28, 2009 for both the sheltered and unsheltered homeless found 116 homeless with 49 in emergency shelter, 44 in transitional shelter, and 23 unsheltered. In addition this count identified 46 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 162 at the time of the 2009 point in time survey. This number is over 50% the estimated number of homeless for a suburban/urban fringe area. See Appendix E on page 81 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2009. 67 percent of 77 respondents said they had been without a place of their own for over a year. The greatest number of respondents said that they had been without a place of their own for 2-5 years. In June 2009, the Denton Independent School District reported that they had 426 homeless children in pre-kindergarten through 12th grade. The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: 1. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter -Meet the emergency shelter and basic health food clothing and personal hygiene needs of the homeless and victims of domestic violence. 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of Denton's strategy allows individuals to receive an array of supports towards self- sufficiency. The Denton County Homeless Coalition and the City of Denton believe coordinated Page 33 services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY Homelessness Prevention l Outreach Immediate Needs Transition to Stability Maintaining Stability CONTINUUM OF CARE PLANNING PROCESS The Denton County Homeless Coalition (DCHC) is the lead entity for the Continuum of Care (CoC) planning process for Denton County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevention. The general body approves any major Continuum of Care decisions including: • Review and approval of goals for the provision of services; • Updates to priority services and service populations; • Identification of gaps in services, changes in services offered, and populations served. A steering committee acts as the DCHC planning body and meets monthly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests. This is achieved by establishing a specific type of interest representation for each of the seven seats as indicated below: (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Representative; (3) Homeless Provider or Housing Agency or Shelter Representative; (4) Business Community Representative or financial institution; (5) Non-profit Community Representative (support services); (6) At-large Representative -an individual, elected official, a currently or formerly homeless individual, law enforcement, faith-based organization or an additional non-profit agency; (7) At-large Representative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable Page 34 permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: • The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, • The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, Page 3 5 • Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; • A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page '16 City of Denton Continuum of Care Housing Gaps Analysis Chart Current Under Unmet Need/ Priority Inventory Development Gap Need in 2009 in 2004 Individuals Example Emergencv Shelter 100 40 26 I l i h Emergency Shelter 26 0 58 Beds Transitional Housing 0 0 0 I l i ~_h Permanent Suppoitive Housing 48 0 48 N1cdium Total 74 0 106 Persons in Families with Children Emergency Shelter 27 0 70 I l i h Beds Transitional Housing 34 0 34 I I i h Permanent Su ottiveHousing 0 0 0 ~1c~lium Total 136 0 104 Continuum of Care Homeless Population and Subpopulations Chart 2004 Sheltered Un- Emergency Transitional sheltered Total Part 1: Homeless Population n n (n) 1. Homeless Individuals 32 19 51 2. Homeless Families with Children 5 13 3 21 2a. Persons in Homeless with Children Families 17 44 12 73 Total (lines 1 + 2a) 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un-sheltered Total 1. Chronically Homeless 15 13 28 2. Severely Mentally III 16 7 23 3. Chronic Substance Abuse 7 15 22 4. Veterans 12 3 15 5. Persons with HIV/AIDS 0 2 2 6. Victims of Domestic Violence 14 4 18 7. Youth (Under 18 years of age) 0 0 0 Page 3 7 cz C) O a o M cOi o o o ro v ° cz N U p N U 'C U bA 7 , t- U O S OS-'. by O cz p O U O O S_. 'U by c; c~ v bA C bb cz O N cz w0 P-i G' "s A on r4 = p u R cC = • N 'C cz cz 'C ' 9 ~"C - cC p .0 cz U s. O G 0 w V 'I ~ U .Ui ,S U .Ui N In bA I y U c~ G A. 0 cz G U U C G 'O o QI " 00 bf p 0 M w ~ C bA e~ Q a a a °o P~ x~awv~w ~a w v~xawv~Ua U = ; o a.°a u o o u O lc~ C 9 ° cz O 6r bA U a~ ° O bA ;-O O' ~ x U U O U ~ r--~ O U'o cz O Ln U O w Z ct O O Ln Ln Ln 'n O 'n cz (D 5 In ti) U N 'C 'C A a U a c o C) U 44 M O o ° U o w cC ono a~ ~o cz o ° p ~o ° 0-1 ti) U cC O k U ' U U O O N N CZ A m cz O " C 'n w° °~.o 'n ° U "C N ~ ~ CC N M U un In 'n ICI O O A to C.d 0 Z Qw~aw cz cz w Qw~a~ixa w x o x o G. U U O. O O. C U ° U O raj •C~ ' to *E~ O A N c0 0 0 A O CE w • ~ p N bA r--bA O c~ O U p U A O. O 'C O s-. O O O. U er oA•.. ~ tea. ° cz "C ° cz o ° 4, ' ° C) cz p a~ v ro~ 7s 44 A n pw N O U O 0 0 0 N o ~ O. 0 ~ ~ 'C P. ~ O. C O v rp O CZ `n O O bA ~ ~ p ~ •C ~ ~ N O 44 v O ' En C, U CZ O N 6~ d? O N 'C O N O cz C:: cz 44 v u I- cz CZ ~ * ~ p 0 ti) W 6r C N Z 0 Z cC O U CZ li) 0 ~ U ~ ~ ~O bA N ~ O ~ ~ O O p N 0.0 w Uo ° ~ a ~ x ~ to ~ ~ Boa ;..o ro Z o ~xaw G v x o P c~ cz ¢ A O ~ N cz cj c O rte. U M O ~ v ~ bA 34 .2 Lead-Based Paint Hazards In Denton, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - B Year Built Rental Owner-Occupied Total Year Built Units Units Units Post 1979 8,285 6,255 14,540 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 (SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 Significant LBP Hazards) 2,036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357 12,253 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based paint strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based paint strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. Both minor and major rehabilitation, reconstruction and down payment and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has a staff persons who is a state certified lead risk assessor and a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 41 In the next five years it is estimated that 32 units will be identified as safe from lead-based paint hazards as follows: four (4) Rental Rehabilitation projects, 15 first time homebuyers and 13 owner-occupied rehabilitation/reconstructions. These projects may include lead-based paint abatement and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual paint inspection. All pre-1978 built properties known or presumed to have lead- based paint where project disturbs paint must comply with Federal and State regulations regarding lead-based paint and pass clearance testing at project completion. The City maintains a database on the lead-based paint status of all pre-1978 built properties that have been assisted with federal CDBG and HOME grant funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead paint in housing. Page 42 cz GJ ~ ~ O ~ •U cUi U ~ G~J ~ ~ U sue. O ~ r--~ • ~ ~ • ~ I ~y try ~l .C:: Ca N U i~-~ CC ,~Qy N U U O c 4-i U G' U U OU -cot U cz cz 4' U cn O o In °23 o Ln Ln Inn CZ cz ICI M v ICI ~ 'J ~ ~ ~ a A-I v O C7 ~ C7 A ~ ~ Q Q CQ cz a an O an cz W = x~~ CZ oA ~ 5 x Ln L cz o . ~ ~ cz U 05 -c:: CZ b , y A U cC U) s C O En s. v U U oo~ In fil U U N rA 0~ ~ f.d f.d O 'C N d 0 p R o c ;,.no cz y~ O U f " 'C ~CaCy~ e~C P1 ' g.. CZ cz O D U O bA U N O sy d a ~ s-i cC O ~ ~ ~ ~ U U U U A W' o U a~s A P~ ' s~ NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of Denton works with other funding organizations like the United Way of Denton County to determine community needs and ensure that funding is allocated in such a way as to maximize services and meet the needs identified in the community. Human services activities in Denton are influenced by the city council-appointed Human Services Advisory Committee. The purpose of the HSAC is as follows: • To encourage interaction between community groups to bring about improvements in the human services delivery system; • To provide a forum that promotes better communication and coordination among public services organization; • To work closely with other funding organizations to coordinate funding efforts within the City; • To encourage in-depth evaluation of the effectiveness of the human service delivery system; and • To recommend action for implementation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of Denton currently supports a variety of services with CDBG and City of Denton general funds including: • Advocacy services for abused children • After school care and activities for at-risk youth • Domestic violence prevention • Elderly meals services, housekeeping and volunteer support services • Emergency food and utility assistance • Health Care • Homeless services • Infant, toddler and preschool childcare • Homeless Management Information System • Services for persons with mental and physical disabilities • Summer playground programs targeted to at-risk youth • Transitional housing The human services strategies identify priority services and goals for the five-year period. Page 44 'C U O O cz O 4-~ y'y 40 bn O bn ~ ¢ ~ O O bn U N N C cz U C O ti) N N .~i ~N! p O U cz o on o u o r-o 44 u cz o o ° v o ro o o ro ro u ~ o v a~ u ro ro ~ ro cn ° ~ cz u -o o a °g., In 44 20- O ° ro ° `z O o ° o ko o ° o°n ° ° a cz a cz u V]UUv~xQwwx -v~ 0 W ~ p a 1♦I ? W cz f~ a. W W ro P~ W P~ ci P~ Q U P bn~ O 'un O C cz C O bA c~ O p C C sue- 0 Ct cz C) ti) GJ O N O 'C r S. N N m O 4.1 O cH 4-ti N N c~ bn N ~ N c~ N O C/1 N cd o o N 1 c0 cz c P P In w o a~ 4;. cz U N U ~ N M 4r O O N N 'Ln 0 M n 0 0 14 14 ° U 0 o cz U p s.. ~ U 4 Via. o r-o U N cz ~fi O o O o ° U ro v o Z o cz CZ O ono ° a = ct ° -2 A clz~ C) 'R p U w U O cC i--i W cz --i N M I--1 U N M W u 0 r- O O O 'C U yU ' y •~S-. O U ~ 44 ~ s.. c~ . ~ ,c~S-. .,may ~ ° Lt•i ° Q. Q w U W cz O O ~ V O O U ~ U U o°n y 'C U° Q y 'C U° O. t~ s O p W W on on ,2 C:: cz 0 cul 'cz "C N ° GJ ro o cz ot~ o o t ° o r, N M r, ~ U U N cz U cz b U 'C y 4-0 ~i cz cn E sU. bA O sU. p p Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: • Correction of deficiencies affecting the health and safety of neighborhood residents; • Improvement of accessibility for persons with disabilities; • Improvement of human services facilities; • Extension of infrastructure for affordable housing activities; and • Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: • Recent public input (including citizen surveys) regarding infrastructure and facility needs; • Project provides a substantial benefit to low and moderate-income persons; • Project would not be carried out in a timely manner without the use of CDBG funds; • There is a reasonable cost per household benefit; and • CDBG funds leverage funding from other resources. Demolition of substandard housing continues to be a concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Along with any CDBG funding allocated, City general funds will be used to demolish substandard structures. Page 47 s- cz p U i-' 40 40 40 p w0 cz w0 40 Cl O Irl CA 4ct ' 0 0 ti) ti) C-1 cz to on~ 91, cz ° cz ° cz0 acv CCU v o~ o~ o~ o~ o E~ r o= r r N N N N O U O U N~ w 0 cz In In 15- U Q W U Q W U Q W U Q W U Q a. U Q Q U Q U 4.1 00 O O bf *7' ' 6r ~ O O O O B O O O ~ p.., oll~ O O O O O U O O ot~ C7 0 ~ ~ o ~ C7 C7 C7 ~ C7 ~ WbA Q~ U WbA Q~ U WbA Q WbA Q~ WbA Q w WbA Q WbA ~ w a a a a a a cz a Cl) ¢ O bA co~ w s O O U~ O G' O U O U O 'O O ~ bf cC .U 6r cz U U ~U.~ cC C ~ ~ ~ • O ~ . ~ ~ ~ .O U N U cz ;9 ;9 Anti-Poverty Programs and Economic Development According to the 2000 Census, Denton had twice the number of families living below the poverty threshold compared to other communities in Denton County. Though this is a lower percentage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employment and support services for lower-income residents. The Denton County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City of Denton continues to support p programs designed to assist those in poverty and help them to become self-sufficient. These programs are funded with both CDBG and general funds. One example is the Denton Housing Authority's self-sufficiency program that helps households move from the Section 8 program to homeownership. Cumberland Presbyterian Children's Home administers a Single Parent Program designed to help these families find employment, and learn to budget their income appropriately. HOPE, Inc. continues its transitional housing program to prevent households from becoming homeless. The City no longer funds a Microenterprise Loan Program. However, the City's Economic Development Department works with the Denton Chamber of Commerce, the Black Chamber of Commerce and the Hispanic Chamber of Commerce to develop local business and industry. These efforts also create additional employment opportunities in the City. Denton's current economic strategy is designed to bring higher paying employment positions into the area. Medical services, including those created as a result of the completion of the new Denton Presbyterian Hospital, will be the focus for the next several years. Also, the Chamber's Small Business Development Center (SBDC) has been in operation since 1989 and is a satellite of North Central Texas College. The mission of the SBDC is to provide small businesses with the practical assistance needed to survive, grow and prosper through free business counseling, information, and low-cost seminars. The SBDC provides information to small businesses regarding the assistance that is available from the U. S. Small Business Administration. Page 49 O U t ~ • 't Ln CZ 10, to U a U cz r ~ U cz 0 U O 0 U G' U O Q U O O E'~ U U N U , y' N Q U sU. U a HZ~UUX P.M P. ~QUv~ U U ° ~,U ~ O OU OU Cd U U CV A bA ~ ~ ~ ~ _ ~ o O ~ 0- ~ o ~ ~ o W ~ ~ o°'n ~ ~ o ~ ~ Q ~ c~i r.T~ C ° O o° o 0 0 co o c ct O"• U ~"r 6 ~l R ow~W U~3 a,v~ a.~W~ o U U O. -0 cz of cd BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statements included in the Denton Plan support the development and maintenance of affordable housing opportunity including special needs housing: "Residential development that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "Denton will continue to encourage a range of housing types and densities in order to respond to the needs and desires of its residents." "The plan encourages infill development, restoration and redevelopment within the existing center city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residential uses will occur within the downtown university core, community mixed use centers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residential development in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concentrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated into the plan: • Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity; • Homes that vary in lot size, building size, and cost may be permitted in new development; • Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 51 • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; • The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character and neighborhoods of the city; • The range of housing types available for the specialized needs of the elderly, disabled, low- income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residential land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "Denton is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." DENTON DEVELOPMENT POLICIES ANALYSIS A. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. L LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: Page 52 • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. A. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 1. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 2. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 3. Create codes and ordinances to promote and encourage the quality of smaller size housing. B. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 1. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 2. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 3. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. Page 53 C. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 1. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 2. Code enforcement will have a priority in older neighborhoods. 3. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 4. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 5. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. D. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. IL POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. A. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. B. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Page 54 Recently, the DAHC was responsible for construction of an affordable green housing development. C. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing III. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS A. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. B. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. C. Lots which may not meet current area requirements are "grandfathered." D. Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. Tax Rates The following table provides a comparison of Denton's 2009 tax rate to the rates of 28 other Dallas-Ft. Worth area cities. Denton's tax rate of .66652 for the city and combined city/county/school district continues to be comparable to other north Texas area communities with significant low-income areas and lower property values. It is also important to note that the Page 55 City of Denton, has two State universities, is the County seat of Denton County and has a FEMA facility within the City limits. These are all tax exempt. Cite Property Tax Rate Fort Worth 0.85500 Lancaster 0.77750 Dallas 0.74790 Rowlett 0.747173 Garland 0.70460 Grand Prairie 0.66998 De Soto 0.69973 Duncanville 0.69600 Denton O.O() 1; 2 Arlington 0.64800 Coppell 0.64146 Cedar Hill 0.64140 Mesquite 0.64000 Carrollton 0.617875 McKinney 0.58550 Richardson 0.57516 Corinth 0.57698 North Richland Hills 0.57000 Irving 0.54060 Hurst 0.53500 Fanners Branch 0.51950 Plano 0.48860 Flower Mound 0.44970 Lewisville 0.44021 Building Code Requirements The City of Denton building code requirements are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: The 2006 International Building Code The 2006 International Residential Code Page 56 The 2006 International Fuel Gas Code The 2006 International Energy Conservation Code The 2006 International Mechanical Code The 2006 International Plumbing Code The 2006 International Fire Code The 2005 National Electrical Code Appendix D starting on page 74 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees An impact fee grant program was set up in 1998. The initial assistance program provided $100,000 in City of Denton general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program continued through the 2006-'07 fiscal year at a reduced level of funding. On an annual basis, Community Development staff will consider a request for additional funding for this program. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unanticipated barriers do not develop. City staff continues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 57 to O N 0 O y,., O bA cz U C U U cOH s-i 4. ,}O p cC' U ~ ~ pn ~ cC cC • cd O cC O U O U U a U in ° r o u o o v~ x. Q Q Q 4, U o = 00 o o }~o, o•~ o ~ ~ ~ ~I v1 A o on -o ct ~ w. r0 ro Q 4. U pp P bA w QO U to N~ ; cz W ~ c 10, z q u o U M'N ~ro'~ toV 4 to w 4.) u u 03 -u M W O O bA U cct bA C x U 0 V) t. bA U "~.i' ,Si U bi), U cC CC ,Li N t 'pp U O 0 A v c~ C p ~ s-. OU W O 4-i ~ U W ,si O CC W CC r.'~'i O CC 44 P. O U t) C4 cz A W OU cC A C~ ~c~C w A c% ~ O c~ cC INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG grant was allocated to the City of Denton in 1984. Since that time, City staff has worked to develop a comprehensive approach to increase the availability of services and standard housing units to Denton's low to moderate-income households. During the past 25 years, there has been an emphasis on the creation of partnerships with other housing non-profits, local lenders, realtors and social service providers. The major housing organizations, whose mission is to assist local residents with housing issues, include the Denton Housing Authority, the Denton Affordable Housing Corporation, Habitat for Humanity of Denton County, HOPE, Inc. and the City of Denton. Each organization fills a specific niche in support of affordable, livable housing in the Denton community. The efforts of these organizations and other service providers have been very successful. Denton has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency could meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations currently involved in the delivery of affordable housing and supportive services are described in the chart below. Organization Type Purpose City of Denton Public The City of Denton administers the Community Development Block Grant and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans and minor repair. The Community Development Division acts as the coordinating body for the City's housing programs, the Denton County Homeless Coalition and various social service initiatives. Community Development staff work with the Council-appointed Community Development Advisory Committee to determine effective use of housing and public improvement dollars. Cumberland Non-Profit Provision of transitional housing and support services to single Presbyterian parents and youth. Children's Home Page 59 Organization Type Purpose Denton County Public Provision of public transportation. Transportation Authority Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low interest homebuyer loans and down payment assistance available throughout Denton County. Revenue received by the organization is provided to local housing organizations to support their housing efforts. Denton County Quasi- Denton County MHMR provides housing and supportive Mental Health/ Public services for persons in the community with special needs. Mental Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Grant program, City of Denton general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will continue to manage the HMIS reporting system. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Denton. DAHC administers several programs that provide Housing owner-occupied, rental and special needs housing to residents Corporation of both Denton county and city. They receive funding from several different sources including City of Denton HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Page 60 Organization Type Purpose Habitat for Nonprofit Habitat for Humanity of Denton County has recently expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Grant and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Denton funding. Health Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS and other health services. Lending Private Lenders provide financial and client support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing programs and how they can be improved. University of Educational Both Universities have assisted with the area homeless counts. North Texas & Institutions In the past, they have assisted with community needs Texas Woman's assessments. UNT supports and is educating the community University regarding "Green Building." Denton Housing Authority The City of Denton and the Denton Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the City's liaison to the Denton Housing Authority. The mayor of the City of Denton is responsible for appointing the Denton Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief executive Page 61 officer. The CEO makes all other hiring decisions. Policies and decisions regarding contracting and procurement are also the responsibility of the DHA Board and staff. All proposed developments by the Denton Housing Authority must comply with City land use regulations including the recently adopted Denton Plan and locally-adopted building codes. Proposed DHA developments go through the same process as private industry developments. Demolition permits are required. There are no public housing developments in the City of Denton. Community development staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Development. A recommendation is forwarded to the city manager regarding approval of the document. Page 62 Gaps Assessment 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coaltion and HOPE, Inc. to expand the network of organizations participating in HAWS. 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner- occupied rehabilitation program. Action to overcome gap: Request additional funding where available to gain contractors and pay increased costs. Work with gaining organizations to promote gaining opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. Page 63 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) High, Medium, Low Need H 835 20 0-30% Sinall Related H 654 15 31-50% M 424 4 51-80% H 258 7 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 10 0-30% Elderly M 199 4 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 20 0-30% Owner H 542 20 31-50% H 956 25 51-80% Total Goals 296 Total 215 Goals 296 Page 64 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT Priority Need Estimated $'s NEEDS Level to Address High, Medium, Low, No Such Need PUBLIC FACILITY NEEDS Senior Centers High $12,500,000 Youth Centers Handicapped Centers Child Care Centers Medium $750,000 Parks and Recreation Facilities Medium $6,000,000 Trails & Pedestrian Facilities High $600,000 Health Facilities Neighborhood Facilities/Community Centers Medium $4,500,000 Facilities for Abused & Neglected Children Low $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $300,000 Street Improvements High $750,000 Sewer Improvements Medium $300,000 Sidewalks High $500,000 Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services High $1,000,000 Substance Abuse Services Medium $250,000 Child Care High $500,000 Health Services High $1,000,000 Senior Services Page 65 Medium $250,000 Other Public Service Needs ECONOMIC DEVELOPMENT Job Creation High $30,000 Capital Improvement Infrastructure Development High $2,400,000 Business Support Services/Technical Assistance Medium $10,000 Commercial/Industrial Rehabilitation Medium $200,000 Land Acquisition for Commercial/Industrial Dev Medium $5,000,000 Non-residential Historic Preservation Medium $150,000 Direct Financial Asst to For-Profit Businesses Medium $100,000 Micro-Enterprise Assistance Medium $50,000 Clean-up of Contaminated Sites Medium $200,000 HOUSING NEEDS Single-Family Residential Rehabilitation Medium $3,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance Medium $2,000,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation Medium $2,500,000 TOTAL ESTIMATED DOLLARS NEEDED: $60,340,000 Page 66 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN The City of Denton's Community Development Citizen Participation Plan is designed to afford all citizens of Denton, including low and moderate-income citizens, the opportunity to comment on the Consolidated Plan, community development procedures and specific projects. Citizens and organizations can provide comments on activities to the Community Development Division, 601 E. Hickory Street, Ste B, Denton, Texas 76205. The phone number for the office is 940349.7726. A messaging service is available for calls after normal business hours. The following is an overview of Denton's Citizen Participation Plan. L Encouraging Citizen Participation A. Encouraging General Participation B. Encouraging Participation from Citizens in Low and Moderate Income Areas C. Encouraging Participation from Minorities, Non-English Speaking and persons with disabilities IL Opportunities for Citizen Comment on Citizen Participation Plan A. Plan B. Amendments III. Public Hearings A. Purpose B. Advance Notification C. Locations D. Translation Services IV. Consolidated Plan A. Information Available to Citizens 1. Amount of Assistance 2. Activities 3. Low/Mod Benefit B. Publishing Requirements and Availability 1. Summary of Plan 2. Comment Period 3. Locations 4. Access for Disabled 5. Summary of Comments C. Amendments V. Performance Reports VI. Technical Assistance A. Notification Page 67 B. Proposals VII. Meetings VIII. Access to Records IX. Displacement X. Complaint Procedures Each element is discussed in detail below. SECTION I. ENCOURAGING PARTICIPATION A. The following steps will be carried out to encourage participation from all citizens in community development decision-making. 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation, on the local cable television network, and on local radio stations. 2. Post notification of all citizen advisory board meetings at least 72 hours in advance. 3. Directly notify service agencies, churches, existing neighborhood associations and other organizations of opportunities to participate in Consolidated Plan activities. B. The following steps will be taken to encourage participation by low and moderate-income households. 1. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. 2. Develop a list of interested citizens who reside in low-income neighborhoods and directly notify them of all public hearings and requests for comments. 3. Contact churches, civic organizations, neighborhood groups, etc. serving low- income neighborhoods. Request that they announce public hearings, comment periods, program information and other community development activities occurring throughout the program year. 4. Whenever possible, canvass low-income neighborhoods providing information regarding public hearings, program information, etc. to all residents within the neighborhood. 5. Request that the Denton Housing Authority and other local service agencies post flyers that encourage participation in the Consolidated Plan process by residents and clients. C. The following steps will be taken to encourage participation by minorities, non-English- speaking persons and persons with disabilities. Page 68 I. Include advertisements in any additional publications, radio and television stations that target a specific group of citizens, some of whom may reside in low income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide interpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign-language interpreter if requested. SECTION II. PUBLIC COMMENT ON CITIZEN PARTICIPATION PLAN A. The following steps will be taken to obtain comments on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published comment period. The period will not be less than 15 calendar days. 2. A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low- income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. B. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. SECTION III. PUBLIC HEARINGS A. Public Hearings will be held to provide information on the different stages of the development process including: 1. identifying housing and community development needs 2. reviewing proposed use of funds 3. reviewing program performance Page 69 B. The minimum notification for any public hearing will be seven days calendar days. In most instances, notification of the hearing will take place at least 15 days before the hearing date. Notifications will be run in advertising form in a newspaper of general circulation. C. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. 1. All locations will be accessible to persons with disabilities. 2. At least one public hearing annually will be held in a neighborhood that is predominantly minority. D. Translation services will be provided upon request or if it is likely that non-English- speaking persons will be present. E. At least one public hearing will be held prior to submission of an application for Section 108 Loan Guarantee funds. The hearing may be held in conjunction with a general public hearing on the Consolidated Plan but will be scheduled as a separate agenda item. SECTION IV. OPPORTUNITIES FOR COMMENT ON THE CONSOLIDATED PLAN A. The following Consolidated Plan information is made available to citizens before final approval of the Plan. 1. The amount of assistance expected to be available to the jurisdiction for community development activities. 2. A list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. 3. An estimate of the amount of funding that will benefit low and moderate-income persons. B. The Consolidated Plan will be made available to the public for review and comment. 1. A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. 2. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. 3. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for Page 70 plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All Consolidated Plan review locations will be accessible to persons with disabilities. 5. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. C. Any substantial change to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial changes include the following: 1. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD grant) that is over 1% of the total allocation for the fiscal year. Amendments will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All comments received will be provided to city council. SECTION V. PERFORMANCE REPORTS A comment period of at least 15 calendar days will be provided before submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in advertising form in a paper of general circulation. The advertisement will advise citizens of the availability of the performance report. The notice will also say that the Community Development Division will accept comments for the 15-day period. A summary of all comments received will be attached to the performance report. SECTION VI. TECHNICAL ASSISTANCE A. Technical assistance will be provided to all persons who wish to develop a proposal for Community Development Block Grant and/or HOME funds. All advertisements will indicate that technical assistance in preparing proposals is available. Citizens will also be informed at the public hearings that technical assistance is available. They will be provided with information that includes the address and phone number of the Community Development Division. Page 71 B. Any proposal requiring technical assistance from other departments will be forwarded to that department by Community Development staff. Proponents of the proposal will also be given a key contact within the department as liaison on the request. A proposal will be developed and submitted to either the Community Development Advisory Committee or the Human Services Advisory Committee for review and recommendations. SECTION VII. MEETINGS All Community Development Advisory Committee, Human Services Advisory Committee and any City Council meetings where discussion of Consolidated Plan activities will take place will be subject to a 72-hour notification requirement. The City Secretary will post notice of meetings at least 72 hours before the scheduled session. SECTION VIII. ACCESS TO RECORDS Citizens may request access to any non-confidential records regarding Consolidated Plan activities. At a minimum, information from the preceding five years will be made available. The information is available from the Community Development Division. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special arrangements may be made for individuals who are not able to visit the Community Development Division during regular office hours. Charges for copies will be based on current City of Denton policies under the Open Records Act. SECTION IX. DISPLACEMENT No activities will result in involuntary displacement of persons. However, should such displacement occur, the City of Denton will follow the procedures described in the Residential Anti-Displacement and Relocation Assistance Plan. SECTION X. COMPLAINT PROCEDURE Any citizen or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Division, at 101 S Locust Street, Suite 500, Denton, Texas, 76201, phone - 940349.7726. Complaints may be in writing or made verbally to any member of the Community Development staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaint. Complaints received verbally may receive a verbal response over the telephone or a meeting may be set up to discuss the complaint and the response. Documentation of the call or the meeting will be placed in the appropriate project or general file. Some verbal complaints may receive written responses. These and all written responses to written complaints will be completed and mailed within 15 days from the receipt of the written complaint. Page 72 APPENDIX C HOUSING REHABILITATION TARGET MAP WLA'.C WLL5 j I:4 F F-=. T'r' 1. u Page 731 APPENDIX D CITY OF DENTON BUILDING INSPECTIONS 221 N ELM STREET DENTON, TEXAS 76201 940-349-8360 PHONE PERMIT AND FEE SCHEDULE (Effective October 1, 2009) Table of Contents: Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 12 - Water Tap & Meter Fees Table 2 - Permit Fees for Multi-Family Dwellings Table 13 - Water Tap Fees Table 3 - New Commercial Building Permit Fees Table 14 - Wastewater Tap Fees Table 4 - Electrical Permit Fees Table 15 -Water Impact Fees Table 5 - Mechanical Permit Fees (Lots Platted before 1998 & after 2008) Table 6 - Plumbing Permit Fees Table 16 - Wastewater Impact Fees Table 7 - Miscellaneous Fees (Lots Platted before 1998 & after 2008) Table 8 - Additions/Alterations/Fire Damage Table 17 - Water & WW Impact Fees Table 9 - Sign Permit Fees (Lots Platted between 1998 - 2003) Table 10 - Consumer Health Permit Fees Table 18 - Water & WW Impact Fees Table 11 - Engineering Inspection & Parking Lot Fees (Lots Platted between 2003-2008) Table 1 Permit Fees for 1 & 2 Family tNellin-s Type Permit Fee Revenue Code 1. Permit Fee $0.40 / SF, 4116 PB $450 Mini & $1,400 Max. 2. Plan Review Fee $60.00 4474 PV 3. Temporafy Power Pole $15.00 5068 MU 4. Temporafy Utilities Fee $35.00 4138 PM 5. Fence Permit $35.00 4128 PF 6. Park Development Fee $291.00 9160.4470 Table 2 Permit Fees for Multi Family Dwellings Type Permit Fee Revenue Code 1. Permit Fee $0.18 / SF 4116 PB 2. Plan Review Fee 50% of Permit 4474 PV Page 74 Table 3 New Commercial Building Permit Fees Total Valuation * Fee Revenue Code 1. $1 to $100,000.00 $411.00 for the first $50,000.00 4116 PB phis $3.00 for each additional $1000.00 or fraction thereof 2. $100,000.01 to $500,000.00 $561.00 for the first $100,000.00 4116 PB phis $2.00 for each additional $1000.00 or fraction thereof 3. $500,000.01 to $1,000,000.00 $1361.00 for the first 4116 PB $500,000.00 phis $5.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 4. $1,000,000.01 and up $5141.00 for the first 4116 PB $1,000,000.00 phis $3.25 for each additional $1,000.00 or fraction thereof 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Safety Magazine, year-end issue as published by the International Code Council. 9. Inspections outside of normal $40.00 per hour/Min. 2 hours 4116 PB business hours (Min. Fee $80.00) 10. Plan Review Fee 50% of the Building Permit Fee 4474 PV (Min. fee $60.00) 11. For the use of outside Actual Cost 4474 PV consultants for plan checking and inspections or both Table 4 Electrical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4424 PE Table 5 Mechanical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4130 ME Table 6 Plumbing Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4426 PP 2. Lawn Sprinkler System $95.00 4426 PP Table 7 Miscellaneous Fees Type Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $35.00 4128 PF 3. Temporary Gas/Electric $35.00 4138 PM Page 75 4. Certificate of Occupancy $95.00 4132 CT 5. Constniction Trailer (temporary) $50.00 4116 PB 6. House Moving Permit $95.00 4110 MV 7. Residential Demolition Permit $95.00 4112 DM 8. Coumnercial Demolition Permit $95.00 4112 DM 9. Spa/Hot Tub $75.00 4114 PT 10. Pool $275.00 4114 PT 11. Re-inspection Fee $40.00 4422 FR 12. Variance Filing Fee $150.00 4134 ZV 13. Landscape Fee $50.00 4136 PL 14. Mobile Home Park License $205.00 + $4.10 per stand 4122 MH 15. Electrical Contractor License $75.00 4118 EP 16. Plumbing Contractor License $75.00 4118 EP 17. Irrigation Contractor License $75.00 4118 EP 18. General Contractor License $75.00 4118 EP * General Contractor includes all of the following: General Contractor, Home Builder, Concrete Contractor, Pool Contractor, Fencing Contractor (During initial registration, the license holder must be present.) Table 8 Additions/Alterations/Fire Dama e Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1 & 2 Family $35.00 $0.14 per sq ft $60.00 4116 PB Dwellings 2. Triplex & Townhouse $35.00 $0.17 per sq ft $60.00 4116 PB 3. Multi-Family (4 units $35.00 $0.17 per sq ft 50% of Permit, 4116 PB & above) Min. $60.00 4. Coimnercial Buildings $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Min. $60.00 Table 9 Si Permit Fees Type Permit Fee Revenue Code 1. Sign Contractor License $75.00 4124 PS 2. Off Premise signs on State $100.00 4124 PS Highways: Annuual Review All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 sq ft $110.00 4124 PS 7. Wind Device Permits $95.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Page 76 Table 10 Consumer Health Permit Fees Type o Establishment Permit Fee Revenue Code 1. Food Handler Permit $15.00 4102 HC 2. Beer & Wine Permits $25.00 processing Fee (new apps) 4146 BW $87.50 on-premise $30.00 off-premise $125.00 late night permit fee $75.00 beer only Commercial Pools 3. Pool Managers Certification $50.00 4418S2 4. Pool Application Fee $250.00 5. Pool Re-inspection Fee $80.00 Restaurant 6. <2000 sq ft GFA $310.00 4414 H1 7. >2000 sq ft GFA $485.00 4414 H1 Grocerv Store 8. <12,000 sq ft GFA $325.00 4414 H1 9. >12,000 sq ft GFA $450.00 4414 H1 10. Convenience Store without $250.00 4414 H1 deli 11. Convenience Store with deli $300.00 4414 H1 12. Concession Stand, snow- $175.00 4414 H1 cone stand or similar stnicture 13. Daycare $150.00 + $1.00 per child 4414 H1 14. Nursing Homes + all others $275.00 4414 H1 15. Seasonal Permit Fee $75.00 4414 H1 16. Temporary Permit $20.00 4414 H1 17. Application fee for new $250.00 4414 H1 establislunent 18. Bar $250.00 4414 H1 Table 11 En ineerin Ins ection and Parkin Lot Fees Inspection Type Inspection Fees Revenue Code 1. Initial Plan Review $1,300.00 2080.4470 2. Fee after 2nd Re-submittal $500.00 2080.4470 3. Clearing & Grading Permit Review $350.00 2080.4470 4. Clearing & Grading Planning review $100.00 1000.4474 PV 5. Repairs of Constniction in Right-of-Way $75.00 per hour 6300.5150.0005 6. Overtime (after 5:00 pm on weekdays & $105.00 per hour 6300.5150.0003 weekends) Parking Lot Permit Permit Fees Revenue Code 7. 1-50 spaces $540.00 6300.5150.0002 8. 51-100 spaces $720.00 6300.5150.0002 9. 101-250 spaces $900.00 6300.5150.0002 10. 251-500 spaces $1,080.00 6300.5150.0002 Fees for Appeals and Variances to Traffic Safety Commission 11. Fee Per Appeal/Variance $300.00 Page 77 Table 12 Water Tap & Meter Fees Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utilir Department at the request of a person, firm, association or corporation. Tap and Meter Fees: Any person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size o Tap & Meter Paved Street Unpaved Street Revenue Code 3/flinch $1,600.00 $650.00 5104 TW 1 inch $1,700.00 $750.00 5104 TW 1 '/2 inch $2,200.00 $1,200.00 5104 TW 2 inch $2,500.00 $1,500.00 5104 TW Water Meter Fees: Size o Meter Meter Fees Revenue Code 3/4 inch $305.00 5104 TW 1 inch $375.00 5104 TW 1 '/2 inch $670.00 5104 TW 2 inch $680.00 5104 TW Water Meter Relocations: Size o Meter Relocation o 10 Feet or Less Revenue code 3/4 inch $285.00 5104 TW 1 inch $285.00 5104 TW 1 '/2 inch $340.00 5104 TW 2 inch $390.00 5104 TW Fire Hvdrant Installation Fees: Paved Street Unpaved Street Revenue Code Installation Fee $5,030.00 $3,085.00 5104 TW Table 13 Water Line Taps Size o Tap Paved Street Unpaved Street Revenue Code 4 inch $2,900.00 $1,750.00 5104 TW 6 inch $3,100.00 $2,000.00 5104 TW 8 inch $4,100.00 $3,000.00 5104 TW 12 inch $5,100.00 $4,000.00 5104 TW Table 14 Wastewater Taps with Cleanout Fees Size o Tap Paved Street Unpaved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,570.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,865.00 5206 TS Manhole Breakout Fee 6" - 12" Line $165.00 5206 TS Page 78 Water and Wastewater Impact Fee Schedule "Effective August 1, 2008" Table of Contents: Section 1: Property Platted before September 15, 1998, or after July 31, 2008 Section 2: Property Platted September 15, 1998 - May 28, 2003 Section 3: Property Platted May 29, 2003 - July 31, 2008 For meters larger than 2", please contact the Water Utility Department For platted property located in Zone 1 that is for a single family residence of 1,300 square feet or less and located on a lot of 6,000 square feet or less, the water and wastewater impact fees will be 0.50 SFEs of the adopted fees for Zone 1 for a 5/8" x 3/4" water meter. Please refer to the Water Utilities Impact Fee web page for a reference map of Water and Wastewater Service Area Impact Fee Zones 1 and 2. Apartment projects will be assessed based upon 0.26 SFEs per bedroom. Section 1: Property Platted before September 15, 1998, or after July 31, 2008 For a new development for which a final plat recordation occurred before September 15, 1998, or after July 31, 2008, impact fees for water and wastewater can be calculated according to Table 15 (Water) and Table 16 (Wastewater) below. Table 15: Water Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water SFEs per Net Cost per Net Cost per Net Cost per Net Cost per Meter Size Meter SITE Meter SITE Meter 5/8" X 3/4" 1* $3,400.00 $3,400.00 $4,000.00 $4,000.00 1" 2.5 $3,400.00 $8,500.00 $4,000.00 $10,000.00 11/2" 5 $3,400.00 $17,000.00 $4,000.00 $20,000.00 2" 8 $3,400.00 $27,200.00 $4,000.00 $32,0000.00 Table 16: Wastewater Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water SFEs per Net Cost per Net Cost per Net Cost per Net Cost per Meter Size Meter SITE Meter SITE Meter 5/8" X 3/4" 1* $1,700.00 $1,700.00 $1,760.00 $1,760.00 1" 2.5 $1,700.00 $4,250.00 $1,760.00 $4,400.00 11/2" 5 $1,700.00 $8,500.00 $1,760.00 $8,800.00 2" 8 $1,700.00 $13,600.00 $1,760.00 $14,080.00 Page 79 Section 2: Water and Wastewater Impact Fees (Plats September 15, 1998 - May 28, 2003) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees for water and Zone 1 wastewater can be calculated according to Table 17 below: Table 17: Water and Wastewater Impact Fees - Zone 1 (Plats September 15, 1998 - May 28, 2003) Water SFEs per Net Cost per SFE Net Cost per Meter Meter Meter Water Wastewater Water Wastewater Size 5/8" X 1* $2,044.00 $483.00 $2,044.00 $483.00 3/4" F 2.5 $2,044.00 $483.00 $5,110.00 $1,207.50 11/2 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 Section 3: Water and Wastewater Impact Fees (Plats May 29, 2003 - July 31, 2008, Zone 1 Only) For a new development in Zone 1 for which final plat recordation occurred May 29, 2003, through July 31, 2008, and for which no new service units have been added, the impact fees per service unit for water and wastewater can be calculated according to Table 18 below: Table 18: Water and Wastewater Impact Fees - Zone 1 (Plats May 29, 2003 - July 31, 2008) Water SFEs per Net Cost per SFE Net Cost er Meter Meter Size Meter Water Wastewater Water Wastewater 5/8" X 3/4" 1* $3,155.00 $1,703.00 $3,155.00 $1,703.00 F 2.5 $3,155.00 $1,703.00 $7,887.00 $4,257.50 11/2 5 $3,155.00 $1,703.00 $15,775.00 $8,515.00 2" 8 $3,155.00 $1,703.00 $25,240.00 $13,624.00 Page 80 0 4- Z o bfi ~ C (ld ad = ad CC O U m C U O U ? M cc O C 0 c, GJ O Z e n N Z z ~1 V V) ad b~ V V = V O ~ ^ W W tn 00 O 4 0 O N N N ' O o ~ ~•aA ~ T. ~ ~ ~ V ~ C.' O M v'~ \O l~ \O ~ ICI ~ O ~ ~ A ~ rj ~ O C ~ ~ \O ~ d\ d\ M 00 C.' U O O bA 01 v~ N 0 00 d\ ~ W Z a~ cC Ct ~ o S. r..i M 4-0 V > Z V U d\ u ~ V CC U v' SU. CC U O is CC CC bJJ Z p o0 00 00 00 00 00 W wx ~ ~x a~ CC CC ° l~ O~ O ~n M ~ S. U O O M M ~ ~ y ~ l~ 01 r-i ~j O dl UI O DD 00 01 01 O O O O O O N N N N N N U V A APPENDIX F GLOSSARY Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no more than 30% of gross income for housing costs. CDAC: Community Development Advisory Committee. Cost Burden: The extent to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U. S. Census Bureau. Community Development Block Grant (CDBG): An annual grant of federal dollars to the City of Denton from the U.D. Dept. of Housing and Urban Development. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanent housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Denton Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Denton Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essential social services to homeless individuals. Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Page 82 Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U. S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HTC: Housing Tax Credit (formerly Low Income Housing Tax Credit HUD: U. S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Middle Income: Households whose income is between 80% and 95% of the median income for the areas. Page 83 MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 84 APPENDIX G City of Denton 2010-2014 Consolidated Plan for Housing & Community Development Focus Group Comments Focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed three questions: 1) What do you see as the most significant human service issues or problem facing residents of the City of Denton? 2) What do you see as the top three most significant unmet needs in the City of Denton? 3) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet future housing, health, and human service needs? Homeless Coalition Responses, 12/02/09: 1) Financial illiteracy, substance (alcohol & drug) abuse, health care, juvenile pregnancy, residing unemployment/underemployment, transitional housing w/supportive services, long-term shelter with services including SROs, transportation, mental health and housing for L/M persons, domestic violence, affordable housing, community education regarding needs, improvement of information and referral services. 2) Three most significant: a. Housing & mental health services for L/M b. Health Care c. Longer term shelter including SROs 3) NEMBY, County involvement, organizational capacity (paperwork, time, staff, $'s) Denton Information Network Responses, 12/03/09 1) Transitional shelter, utility assistance, substance abuse prevention, access to and affordability of prescriptions, health and mental health care for low income persons, transportation, affordable housing and utilities. 2) Three most significant: a. Transitional shelter b. Health and mental health care for low-income persons c. Affordable housing and utilities 3) Funding, NIMBY, inadequate transportation, politics (need community education). Page 85 Geriatric Services Workgroup Responses 3/12/10: 1) Improved public transit coverage, improved accessibility at bus stops, housing improvements to support aging in place, affordable assisted living, senior meals, senior pet care, improved emergency response capabilities, planning and community education designed to support senior residency, improved information and referral services, outreach and case management. 2) Three most significant: a. Improved public transit coverage b. Affordable assisted living c. Information and referral, outreach and case management services 3) Lack of regional planning, funding, lack of efficient and effective use of funding, lack of volunteers, lack of trust, lack of cultural competence (need to educate communities and community leaders). Page 86 APPENDIX H CITY OF DENTON 2010 FAIR HOUSING PLAN AND ANALYSIS OF IMPEDIMENTS TO HOUSING CHOICE Page 87 Prepared By: Community Development Division Table of Contents Page L Introduction 3 IL Housing Market and Demographic Factors 4-6 III. Community Development Activities 7-9 A. Analysis 1. Housing Programs 2. Human Services Activities I Public Facilities and Infrastructure Improvements 4. Demolition and Clearance B. Proposed Actions IV. Fair Housing Activities 9 A. Analysis B. Proposed Activities V. Fair Housing Complaints 9-10 A. Analysis B. Proposed Activities VI. Lending Practices 10-11 A. Analysis B. Proposed Activities VII. Development Policies 12-15 A. Analysis B. Proposed Activities VIII. Conclusion 16 IX. Certification 17 Page 88 INTRODUCTION The City of Denton is committed to affirmatively furthering fair housing for all persons. As part of the community's goal to assure every individual the right to safe, decent and sanitary housing, an analysis of impediments to fair housing has been carried out using 2000 census information and data from other studies. Elements of the City's Fair Housing Plan include the following: • Completion of an analysis to identify impediments to fair housing choice; • Development of programs, policies and activities designed to overcome the effects of any identified impediments; • Implementation of plan; • Maintenance of records reflecting activities designed to affirmatively further fair housing. The City of Denton's Fair Housing Plan is divided into six (6) areas. Each area has been reviewed to determine what impediments might exist and what actions should be taken to ameliorate these conditions. The following is a list of those areas: 1. Housing Market and Demographic Factors 2. Community Development Activities I Fair Housing Activities 4. Fair Housing Complaint Process 5. Local Lender Activities 6. Development Policies Pages two through four of the City's draft 2010 Consolidated Plan provides information on the efforts that were taken to gain input from citizens and organizations regarding housing needs and other needs in Denton. Information obtained from these efforts was used to develop the strategies in the Consolidated Plan and assisted Community Development staff in making a determination as to the impediments to fair housing that may exist in the Denton community. Please refer to these pages for information on community input. HOUSING MARKET AND DEMOGRAPHIC FACTORS Page 89 ANALYSIS Housing market supply factors from the 2000 Census indicate that housing in the City of Denton is more affordable and therefore easier for all populations to access, than any other area of the County. Denton and Sanger had the lowest median rents ($625 and $636 respectively); $100 less than Argyle with the next lowest rent and less than half the median rent charged in Highland Village ($1,276). Denton had the largest share of renter occupied housing units (58%), 12 percentage points higher than Lewisville with the second highest share. In Carrollton, Sanger and the remaining jurisdictions in the County, approximately one-third of the households are renter. Argyle, Corinth, Flower Mound and Highland Village each have less than 10% renter households. According to the Census, Denton also has the third lowest median housing value in the County ($98,600), just ahead of The Colony ($95,700) and $27,000 higher than Sanger. Argyle had the highest housing value at $236,800; almost double the County ($127,000). Flower Mound and Highland Village also had home values significantly higher than the County at more than $180,000. In 2006, 49% of Denton's housing units were renter occupied, lower than the $58% reported in the 2000 census. This downward trend is most likely due to the number of single family units built in Denton since 2000. Of the single family units in Denton, 79% are owner-occupied as compared to only 2% of multi-family units. Denton's median rent in 2006 was $707; a 13% increase over 2000, but less than the $15.4% inflation rate over the same period. Median home values increased at over twice the inflation rate in Denton, rising 31%. These factors indicate that there appears to be more affordable housing in Denton than in most other areas of Denton County. Though "income level" is not a protected class under the Fair Housing statute, the presence of affordable housing is an indicator of a community's willingness to accept and promote a diverse population base. Below are two charts comparing Denton's 2006 cost of housing to the rest of the County: Rent Paid Less than $500- $600- $700- $800- $900- $1000 Median %Renter $500 $600 $699 $799 $899 $999 or more Occupied Denton County 6% 11% 14% 16% 15%'l 12% 26% $822 32.5% Denton I 18"'n » 12 10"'n 8°(1 loo 7U7 4,)"'u Balance ofCounty 4% 9% 11% 17% 17% 13% 28% $848 29% Housing Value Less than $80- $100- $125- $150- $200- $250K+ Median 80K 99.OK 124.9K 149.9K 199.9K 249.9K Denton Comity 7% 5% 11% 15% 24% 14% 24% $171.700 Denton I ? 14 I ? 14 2 I 10" ? 12 Balance of County 6% 3% 10% 15% 25% 15% 26% $177,800 Source (both charts): US Census Bureau, 2006 American Community Survey (American Fact Finder Web Site) Page 90 Extensive demographic information is included in the Consolidated Plan on pages 5 - 21. The information discussed in this section includes growth projections, racial and ethnic information, minority concentrations, housing stock, housing tenure and size of households. Below is a chart showing Denton's "Affordable Rental Housing Inventory". The chart indicates that several low income housing tax credit developments provide affordable housing to lower income households. It is important to note that, over the past several years, Denton has consistently had more than or has been very close to two times the State average of Housing Tax Credit (HTC) units per capita. One project entailed the demolition of an older low- income apartment complex managed by the Denton Housing Authority and construction of a new multi-family development to serve low and moderate-income renters. Affordable Rental Housing Inventory Organization Tvpe of Assistance Funding Source Number of Units Denton Housing Subsidized Authority units in City Section 8 1510 Country Park Affordable LIHTC 120 Apartments Family Units The Waterford at Affordable LIHTC 156 Spencer Oaks Family Units Rosemont at Affordable LIHTC 276 Pecan Creek Family Units Primrose at Affordable LIHTC 250 Sequoia Park Senior Units Pebblebrook Affordable LIHTC 250 Apartments Family Units Pecan Place Subsidized (DHA) Senior Units LIHTC; CDBG 24 Renaissance Affordable LIHTC & DHA Courts (DHA) Family Units private 150 Quail Creek Affordable North Family Units LIHTC 264 Providence Place Affordable II Senior and LIHTC 252 Fairoaks Subsidized Section 202 41 Senior Units Denton Units for Section 811; Affordable Disabled HOME; HTF; FHLB; 34 Denton Transitional FHLB; TDHCA; Affordable Housing Units HOME; Private 20 Denton Affordable Affordable Family Units Private 11 Page 91 Affordable Rental HoirviiigInventon~ Organization Tvpe of Assistance Funding Source Number of Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Nmnber of vouchers available The following are specific references/information available in the draft of the City of Denton's 2010 Consolidated Plan related to population and housing characteristics: Population, Employment and Housing Characteristics Pages 5-21 Population Characteristics Housing Supply and Tenure Housing Affordability Affordable Housing Inventory Homeless & Special Needs Housing Housing Needs Assessment and Strategies Pages 22 - 40 Rental Housing Owner-Occupied Housing Homeownership Special Needs Housing/Homeless and Continuum of Care Lead Paint Hazards Denton Housing Authority The Denton Housing Authority provides Section 8 vouchers on a first-come, first-served basis. They currently have a waiting list and those households placing their name on the list have a three to four year wait before they are able to be considered for housing assistance. Below is a chart providing racial/ethnic information on the 2010 DHA Section 8 tenant households: Section 8 Voucher Households (January 2010) Race Ethnicity White Black American Indian/ Asian Native Multi- Hispanic Non- Native American Hawaiian Racial Hispanic 745 938 6 43 5 34 264 1507 (42.1%) (530/.) (.3%) (2.4%) (.3%) (1.9%) (1501.) (850/.) COMMUNITY DEVELOPMENT ACTIVITIES Page 92 ANALYSIS The draft 2010-2014 Consolidated Plan for Housing and Community Development, to be approved in June 2010, provides information on Denton's demographics and unmet community needs. Annual Action Plan activities are based upon the Consolidated Plan. Elected officials base decisions regarding activity funding on a multidimensional process that includes needs assessment, citizen input, committee review and discussion and final approval. The Consolidated Plan includes detailed data that is used to pinpoint areas of specific need in the community. Federal, State and local resources are then targeted to meet these needs. Community Development activities have, over the past several years, been targeted to the following areas: Housing programs: owner-occupied maintenance and renovation/rebuilding, homebuyer assistance; purchase/rehab/sale of moderately-priced units; special needs unit construction, Low Income Housing Tax Credit & other affordable rental developments; lead hazard control program. Human services activities: transitional housing; domestic violence shelter and services, child care for lower-income households, indigent health care, homeless services and services for households affected by AIDS. Public facility & infrastructure improvements: streets, drainage, park improvements, water and sewer improvements. These projects serve to revitalize low and moderate-income neighborhoods. Housing Programs Support for housing programs targeting low and moderate-income households has been the focus of Denton's CDBG and HOME programs since their inception. Housing rehabilitation was the first major program developed and this has been expanded to include reconstruction of severely substandard units and a minor repair program for units with problems that require immediate attention. The City also supports a homebuyer assistance program and staff has worked closely with local lenders and real estate professionals to make the program a success. An infill program has provided a limited number of new affordable housing on properties in developed areas. Perhaps one of the most successful activities has been the City's development of and support for the Denton Affordable Housing Corporation, the City's only certified Community Housing Development Organization. The City of Denton has also worked with the Denton Housing Authority and private developers participating in the State's Low Income Housing Tax Credit Program. As stated above, as early as 2005, Denton had more than two times the State average of tax credit units serving low to moderate-income renters. Page 0,11 Human (public) service activities are funded through both CDBG and the City's general fund. The City of Denton has been supporting and funding human services since the 1970's, before becoming a CDBG entitlement community in 1984. Funded activities include the following: o Domestic violence prevention and victim's services o Day care for low and moderate-income households o Nutrition and hygiene assistance for AIDS-impacted families o Transitional housing programs o Rent, utility and food assistance o Summer playground programs for youth in low-income neighborhoods o Health and dental care o Adult day care o Advocacy services for victims of child abuse These services are provided by local service organizations. Each organization funded with CDBG is subject to an annual risk assessment. Those organizations where the assessment indicates a "high" risk is present will be monitored. Each organization is monitored at least once every two to three years. Contracts require compliance with CDBG and other federal regulations. Quarterly reports detail financial and beneficiary information and provide progress reports regarding performance measures. A strong collaborative relationship exists between local service organizations, Denton County, the Denton Independent School District, the University of North Texas, Texas Woman's University and the City of Denton. As a result, programs are well-planned and targeted to meet specific needs identified in the community through the efforts of these organizations. A major collaborative effort entailed the development of the Denton County Homeless Coalition. The Coalition develops funding applications to assist in providing services to the homeless and potentially homeless throughout the County. The City of Denton has, over the past several years, been the entity that has officially applied for and administered funding for homeless activities throughout Denton County. The City of Denton provides this "pass through" service for the Denton County Homeless Coalition even though the administration funding under these grants is significantly less than the actual cost of managing the funding and monitoring the recipient agencies. A description of the City's human (public) services strategies and proposed activities is included under "Non-Housing Community Development" pages 43-45 of the Consolidated Plan. Public facilities and infrastructure improvements are carried out in low income areas. These include park, street, drainage and sewer improvements. CDBG funds spent in this manner revitalize low income neighborhoods and provide incentives for residents to maintain and improve their properties. These projects combined with housing construction, rehabilitation and reconstruction activities significantly improve the quality of life for those in these neighborhoods. Pages 47 and 48 of the Consolidated Plan provide additional information on strategies and goals for this activity. Demolition and clearance activities eliminate slum and blighting conditions throughout the City. Staff attempts to clear at least three to five properties on an annual basis. This activity can make lots available for new housing construction and promotes viable, attractive neighborhoods. Page 94 PROPOSED ACTIONS 1. Promote citizen participation in a process that includes discussions of fair housing issues to assist in development of each annual Action Plan. 2. Continuation of programs that support the preservation of existing affordable housing, the revitalization of low-income neighborhoods and the encouragement of homeownership for low and moderate-income homeowners. 3. Support diversity and the development of affordable housing in all Denton County communities and the North Central Texas area. FAIR HOUSING ACTIVITIES ANALYSIS Over the past several years, the major emphasis regarding fair housing activities in Denton has included the following: • Development and maintenance of affordable housing • Educational activities • Creation and support of a local community housing development organization (CHDO) • Complaint processing and/or referral • Accessing Additional Funding for Community Development Activities Additional efforts to support fair housing through the City's programs include translation of programmatic information and legal documents into Spanish and publication of a quarterly newsletter. Advertisements, published weekly in the local newspaper, the Denton Record- Chronicle, provide fair housing contact information. Also, the Community Development Division continues to work with local lenders and real estate professionals. Each annual "Consolidated Annual Performance and Evaluation Report" contains a section detailing the actions taken by the City of Denton to affirmatively further fair housing. FAIR HOUSING COMPLAINTS Page 95 ANALYSIS Fair housing calls and complaints, since 2005, were reviewed by the fair housing administrator. Most of the inquiries that were made, involved tenants who felt that needed repairs were not being made to their housing units. Residents with concerns that did not appear to involve fair housing issues were given information as to where they could find out more about tenant rights in Texas. The City of Denton has worked with the Civil Rights Division of the Texas Workforce Division to discuss issues and assist complainants. Letters along with a copy of the City's fair housing ordinance and information regarding how to file a complaint with the City and with HUD was provided to 15 individuals. Three complaints were filed. Two were processed by the Texas Workforce Commission and, after investigating the actions of the management of a local mobile home community, the City determined that no further action would be taken on one complaint. It has become apparent that the City of Denton does not have sufficient funding to support a position that could focus exclusively on fair housing and complaint processing. As a result, and in an attempt to ensure that residents have access to comprehensive fair housing services, the City's Fair Housing Ordinance was revised in 2009 to assist complainants in submitting the appropriate forms and information to the U.S. Department of Housing & Urban Development. PROPOSED ACTIONS 1. Educate the community regarding the revision of the City's Fair Housing Ordinance to ensure that complainants have the assistance needed to adequately resolve their issues. 2. Attend HUD-sponsored or other fair housing training when available to keep staff apprised of any recent changes to fair housing laws or requirements as they relate to Community Development programs. 3. Support training on the City's programs and Fair Housing for local real estate professionals, property owners and managers. 4. Continuation of housing programs designed to ensure that affordable, accessible housing is available in Denton. 5. Work with Building Inspections and the City's Code Enforcement Division to ensure that rental properties meet city codes to ensure health and safety for tenants. Provide information to personnel in both divisions regarding City programs that can assist owners and tenants in meeting some code issues. LENDING PRACTICES Page 96 ANALYSIS A comprehensive study to assess the compliance by Denton-area lenders with fair housing law and requirements has not been conducted. However, staff confirms that several local lenders appear committed to meeting community needs, especially in the area of affordable housing. The City of Denton and the Denton Affordable Housing Corporation have partnered with local lending institutions to assist low and moderate-income households. The following are some examples of the above-mentioned partnerships with lending institutions: 1) NorthStar Bank has partnered with the Community Development Division to obtain Federal Home Loan Bank funding. This funding is used to assist low and moderate-income homebuyers and homeowners through the City's existing programs. 2) Wells Fargo Bank has partnered with the Denton Affordable Housing Corporation providing development loans for several of their housing projects. 3) The Denton Area Teachers Credit Union (DATCU) and other local lenders participated in the Denton Housing Coalition. 4) Lenders have the opportunity to become "Participating Lenders" for the City's Homebuyer Assistance Program (HAP). At any time, the program usually has about twenty participating lenders. All participants have made a commitment to affirmatively market the HAP to low and moderate-income buyers. Based on experiences with local lenders by the Community Development Division and the Denton Affordable Housing Corporation, it does not appear that any neighborhoods are subject to "blacklisting" and that no specific groups of borrowers are being denied access to mortgage or home improvement loans. Unfortunately, at this point in time, it appears that lenders may have been too lenient in their lending practices, allowing households to purchase homes even without evidence of reasonable debt to income ratios. It is important to note that those households participating in the City of Denton homeownership program were required by the City to meet standard debt to income and loan to income ratios. PROPOSED ACTIONS 1. Maintain current relationships with local lenders to support community fair housing efforts. 2. Work with lenders to ensure that underwriting criteria and loan programs do not support the provision of mortgage loans to low-income households that are unprepared for homeownership and/or cannot maintain required mortgage payments. 3. Include lenders on list of those invited to participate in fair housing training, home fairs and other activities sponsored by the City's Community Development Division. Page 97 DEVELOPMENT POLICIES ANALYSIS B. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. IV. LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Page 98 E. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 4. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 5. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 6. Create codes and ordinances to promote and encourage the quality of smaller size housing. F. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 4. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 5. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 6. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. G. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 6. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 7. Code enforcement will have a priority in older neighborhoods. 8. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 9. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 10. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older Page 99 neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. H. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. V. POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. D. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. E. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Recently, the DAHC was responsible for construction of an affordable green housing development. F. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing VI. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS E. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the Page 100 districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. F. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. G. Lots which may not meet current area requirements are "grandfathered." H. The City of Denton building code requirements are reviewed by the Construction Appeals and Advisory Board. This board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: • 2006 International Building Code • 2006 International Residential Code • 2006 International Fuel Gas Code • 2006 International Energy Conservation Code • 2006 International Mechanical Code • 2006 International Plumbing Code • 2006 International Fire Code • 2005 National Electrical Code L Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. J. A tax rate comparison is included on page 53 of the Consolidated Plan. It shows that Denton, despite the significant amount of tax exempt properties in the community (Denton County facilities, University of North Texas and Texas Woman's University facilities, Denton ISD, and FEMA), is in the mid-range of tax rates for the area. PROPOSED ACTIONS 1. Continue to work with the Denton Affordable Housing Corporation and other housing providers to increase the supply of affordable, mixed-income, non-segregated housing units in the Denton area. Page 101 2. Continue to work with the Denton County Homeless Coalition and local non-profit corporations in an attempt to provide emergency and transitional housing to the homeless and potentially homeless. 3. Continue to seek out funding sources that can reduce the development fees for affordable housing. CONCLUSION The analysis of the five fair housing areas above has resulted in various conclusions regarding the City's attempts to affirmatively further fair housing. First, Community Development activities are carried out based on community needs as evidenced by input from citizens and general demographic data. Community Development activities are meeting housing needs in the community without regard to race, religion, ethnicity, gender, disability or family status. Second, fair housing activities will continue to concentrate on educating the community regarding fair housing issues. Third, the recent revision of the City's Fair Housing Ordinance will support stronger fair housing enforcement. Forth, it appears that local lenders are committed to meeting community needs through their participation in both the City's and the Denton Affordable Housing Corporation's programs and housing development activities. The final conclusion is that Denton has no overt barriers to fair housing. Denton has more affordable units than other Denton County jurisdiction. Efforts will be made to ensure that the community's affordable units remain in standard condition. Denton also has a strong non-profit sector that is working to ensure that all households in the area have access to housing, healthcare, jobs, etc. The City of Denton will work with surrounding communities and the North Central Texas Council of Governments to support fair housing in all North Texas communities. In accordance with the applicable statutes and the regulations governing the Consolidated Plan regulations, the City of Denton, as a grantee of the U. S. Department of Housing and Page 102 Urban Development, certifies that it will affirmatively further fair housing through the following activities: 1. The City of Denton has conducted an analysis of impediments to fair housing choice within the jurisdiction. 2. The City of Denton has taken appropriate actions to overcome the effects of any impediments identified through the analysis. 3. The City of Denton will maintain records reflecting that analysis. 4. The analysis will be updated as needed when the 2010 Consolidated Plan, the Denton Development Plan and local building and maintenance codes are revised and adopted. Signature of Authorized Official Date City Manager Title of Authorized Official Page 103 1 amity of Denton DRAFT Action Plan for Housing and Community Development 2010 Program Year z.. E P ~ C k Housing Park Facilities , S t dh11Ui. ~ Ip a1 k' r r Public Improvements Human Services Prepared for the U. S. Dept. of Housing and Urban Development To be approved by Denton City Council on May 4, 2010 www.ciiyofdenton.com ADA/EOE/ADEA TABLE OF CONTENTS A. Executive Summary of Action Plan 1. Introduction ..................................................................................................................1 2. Funding Summary ........................................................................................................2 3. Local Match ..................................................................................................................4 4. Citizen Participation .....................................................................................................4 5. Amendments .................................................................................................................5 6. Evaluation of Past Performance ...................................................................................5 B. Projects/Activities 1. Summary ......................................................................................................................7 2. CDBG and HOME Proposed Projects ..........................................................................8 3. Other Resources Available .........................................................................................19 C. CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................20 2. Continuum of Care Strategies ....................................................................................21 3. Lead-Based Paint Strategies .......................................................................................23 4. Human Services Strategies .........................................................................................23 5. Infrastructure & Public Facilities Strategies ..............................................................24 6. Demolition Strategies .................................................................................................25 7. Anti-Poverty & Economic Development Strategies ..................................................25 8. Barriers to Affordable Housing ..................................................................................25 D. Proposed Project Map ......................................................................................................27 E. Other Program Requirements 1. HOME - Forms of Investment ...................................................................................28 2. Monitoring Standards and Procedures ......................................................................28 3. Public Housing Improvements ...................................................................................29 4. Public Housing Resident Initiatives ...........................................................................29 5. Institutional Structure .................................................................................................29 6. Chronic Homelessness ...............................................................................................30 7. HOME - Minority Outreach Program ........................................................................31 F. Community Development Minutes 1. Minutes from Public Hearings ...................................................................................32 2. Community Development Advisory Committee Minutes ..........................................34 3. Human Services Advisory Committee Minutes .........................................................46 4. 30-day Comment Period .............................................................................................65 G. Appendix 1. SF 424 Application for CDBG Grant .........................................................................67 2. SF 424 Application for HOME Grant ........................................................................68 3. Certifications for CDBG and HOME .........................................................................69 4. Table: Annual Housing Completion Goals ...............................................................77 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2010 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2010 Program Year to address Denton's strategies stated in the 2010-2014 Consolidated Plan. for Housing and Community Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living, ■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. Page 1 FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available in the appendix page 67 through 68. The table below shows the federal funding available from the U. S. Department of HUD for the 2010/11 program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. FUNDING SUMMARY 2010/11 Program year U. S. Department of Housing and Urban Development CDBG HOME TOTAL Entitlement Grant $975,447 $578,028 $1,553,475 Reprogrammed Prior Years' Funds $155,000 $0 $ Estimated Program Income $14,000 $40,000 $54,000 Total Funding Sources from HUD $1,144,447 $618,028 $1,762,475 Benefit to Low & Moderate Income Persons $946,558 $556,226 $1,502,784 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2010-11 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $10,464,831 in additional resources are proposed for the 2010/11 program year. A list of resources available to the City of Denton can be found on the next page and includes local, state and federal resources. 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CL a) c a'i z 'T E 'ca Q o LL -w E c -0 c o U) U) a) a -0 of U Y ca a) a) °o W o o s v°)) v°)) `O ° Q i c J (n Ec E E `o o S; 2 z W Q Q a`~ c O W Z (U°) Q O 2 2 Co CL = a) a C c° z z o Q° a~i Li w_ o ° Q cu 22 o o U ca ca a) ca (n E z 0 0 0 0 0 0 0 c in U U li = in Q d `o ° O w w w °i a°i 0 o L5 L w cg ° w LL E a a) c c o E a) O c in ° Q U CU CU U U= 0 0 U (n ° a) ca (n W N Q c c c c c c d U N A (6 0 0 0 0 0 o E (n 0 0 0 0 0 0 _ LLB Y Y 2 -Fu Q E E c c c c c c E 0 ca d v Y ca 'E5 aa)) Z U U U U U U U U 0 0 0 0 ~ 0 1 0 0 0 Li LL LL 2 02 cu --j a) (n 0 LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $124,057. The 25% match of federal HOME funds excludes administrative allowances of 10% and CHDO operating expenses. The City of Denton will provide the match from a variety of sources including the following: 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Action Plan process including the 2010 substantial amendment to the 2008 & 2004 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. Public hearings were held December 3rd and 7th, 2009. The December 3rd public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2010 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 32 for minutes of both public hearings. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter is was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders; Realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viewing at all recreation centers, libraries, and the City of Denton's website. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at the Community Development Department and on the City of Denton's web page. The advertisements also included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. Comments received during the 30-day comment period will be included in the Action Plan. Page 4 To ensure citizen participation at all stages of the 2010 Action Plan process, a public hearing will be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the 2010 proposed projects and activities. Seepage 32 for minutes of the public hearing. AMENDMENTS The City of Denton is amending the 2004 Action Plan and 2008 Action Plan to reallocate $155,000 from two cancelled projects to existing programs. In 2004 CDBG funds were allocated to a rental rehabilitation program and have not been expended. In 2008 $116,000 was allocated to the Fairhaven roof project. Fairhaven no longer serves low-income seniors. These amendments will allow this funding to be reallocated to other projects and/or programs. The City of Denton is also amending the 2006 and 2007 Action Plans to reallocate funding from the Denton Affordable Housing Corporation's (DAHC) Affordable Housing Opportunity Program to rehabilitate affordable rental housing units owned by DAHC. EVALUATION OF PAST PERFORMANCE It is evident from the information on performance outcomes in the 2007-08 CAPER that the City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals. Even though the expected level of fielding has not been received, Denton continues to make progress toward meeting goals outlined in the 2005-2009 Consolidated Plan for Housing and Community Development. However, it is important for City staff, residents, and HUD officials to understand that lower than expected fielding levels have caused a reduction in the level of service and number of units previously expected to be assisted. This has required more efficient use of available fielding and more time spent on seeking additional fielding sources. As a result, the number of individuals and households assisted during the five-year period will likely fall short of projected outcomes. During the past year, existing programs such as Homebuyer Assistance, Home Improvement and Minor Repair have supported homebuyers and homeowners. These programs have succeeded in providing current residents of the City with opportunities to improve their housing situation. The Home Improvement Loan and Minor Repair programs have succeeded in promoting the revitalization of older, decaying neighborhoods. Recently, Community Development staff sought out additional fielding to supplement fielding available in the Homeownership Assistance Program. This fielding was awarded and is used by the City to help make repairs on units that might otherwise not been available to new homebuyers. Though these programs continue to be successful, again with recent fielding cuts and the significant cost increases occurring during the past year, program target numbers for the five-year period will probably not be met. Continuum of Care activities continue to be successful and bring Emergency Shelter Grant fields from the State of Texas and Supportive Housing Program fielding from HUD into the Denton County area. These fields are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Agencies continue to participate in a collaboration that, for the past five years, has been fielded by the State ESG program. Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP fielding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. Page 5 Other public services activities fielded by the City of Denton through both CDBG and general fields have been successful in meeting identified needs in the Denton community. Health care has been one area where the community has made significant strides. The People's Clinic opened and was providing services to low-income individuals in Denton County. Health Services of North Texas is now providing these health care services. The City continues to support the services by providing fielding for patient services and medications that are not covered through the Medicaid system. The City of Denton continues to support childcare for low-income farmlies, services for the elderly and households affected by AIDS. Staff continues to work toward completing the public improvement projects more quickly. . This should ensure that the City of Denton has no timeliness issues. Programs and activities developed to meet community needs are reaching stated goals. Housing, social services, neighborhood revitalization and public facility improvements are focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. Page 6 2010 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2010 is $1,762,475 (includes $155,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 18 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBG HOME Page # Project Name Funds Funds 8 CDBG Administration $197,889 9 Children's Advocacy Center $9,833 9 City Of Denton - MLK Summer Program $5,944 10 City of Denton - Owsley Summer Program $5,944 10 Denton Affordable Housing Corp $87,386 11 Denton City County Day School $26,222 11 Denton City County Day School Improvements $40,150 12 Denton Co. Friends of the Family $26,111 12 Family Health Care, Inc. $20,787 13 Fred Moore School - Phase I Activities $120,400 13 Health Services of North Texas $21,394 14 HOME Administration $61,802 14 Homebuyer Assistance Program $56,160 $193,840 15 Home Improvement Program $75,000 $275,000 15 HOPE, Inc. - Transitional Housing $3,778 16 Mack Park Shelter Project $40,000 16 Minor Repair Program $125,000 17 MLK Center ADA Accessible Parking $22,000 17 Quakertown Park ADA Accessible Sidewalk $73,031 18 Ruth St. Sanitary Sewer Line Replacement $248,500 18 Special Programs for Aging Needs $21,167 Total Funding Allocated to Projects $946,558 $556,226 Social Services Funds to be Allocated $5,137 $0 Total Funding Available $1,144,447 $556,226 Unprogrammed Funds $0 $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2010 Program Year with CDBG and HOME funds: CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The program will be carried out by the City's Community Development Department. Funding includes $2,800 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Specific Objective: N/A Opportunities Outcomes: Specific Outcomes: N/A ❑ Availability/Accessibility Project Goals: NIA ❑ Affordability F-1 Sustainabili Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $197,889 Location: Community Wide HOME $0 Start Date 08/01/10 Other Sources $148,217 Completion Date 07/31/11 Total $346,106 Page 8 CHILDREN'S ADVOCACY CENTER Provision of support services to children and law enforcement in the investigation of cases involving abuse and sexual assault of children for residents of the city of Denton. Program will be carried out by Children's Advocacv Center for Denton County. HUD Matrix Code: 05N Abused and Neglected Children 570.201(e) Objectives: ® Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Number of persons assisted with unproved access to ® Availability/Accessibility Specific Outcomes: a service - 350 persons ❑ Affordability Project Goals: 350 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $9,833 Location: 1960 Archer Avenue, Lewisville 75077 HOME Start Date 10/1/2010 Other Sources $907,167 Completion Date 9/30/2011 Total $917,000 CITY OF DENTON - MLK SUMMER PROGRAM Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with unproved access to ® Availability/Accessibility Indicators: a service 10 persons ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $5,944 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 06/01/11 Other Sources $0 Completion Date 08/31/11 Total $5,944 Page 9 CITY OF DENTON - OWLSEY SUMMER PROGRAM Provision of a summer day program targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with unproved access to ® Availability/Accessibility Indicators: a service - 10 persons ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $5,944 Location: 1300 Pavin, Denton Texas HOME $0 Start Date 06/01/11 Other Sources 0 Completion Date 08/31/11 Total $5,944 DAHC - AFFORDABLE HOUSING CORP Rehabilitation of affordable rental units in Denton for special needs populations. Funds will be utilized for the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses of the agency. Program will be carried out by the Denton Affordable Housing Corporation. HUD Matrix 14B Rehab, Multi-Unit Residential Buildings 570.202 Objectives: Code: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: Rental Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of affordable rental housing. Outcomes: Specific Outcomes Number of households assisted with standard ❑ Availability/Accessibility Indicators: affordable housing units. - 8 households/housing units ❑ Affordability Project Goals: 8 households/housing units ® Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Community Wide HOME $87,386 Start Date 10/01/10 Other Sources 0 Completion Date 2/01/11 Total $87,386 Page 10 DENTON CITY COUNTY DAY SCHOOL PROJECT Project consists of making needed improvements to the school. CDBG funds will be used to install new hot water heaters, outside lights for safety and an outside canopy for sun protection. Funds will also be used to rebuild the resource room. The school provides day care on a sliding scale fee structure. The project will be carried out b the Cit 's Community Development Division and Denton Citv County Day School. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: ® Suitable Living Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Priority Need: Public Facilities ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility Indicators: facility - 185 children ® Affordability Project Goals: 185 children ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $40,150 Location: 1603 Paislev Street, Denton Texas 76209 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 04/30/11 Total $40,150 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale. Project will be carried out by the City's Community Development Department and Denton City County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ❑ Availability/Accessibility Indicators: a service - 191 persons ® Affordability Project Goals: 191 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,222 Location: 1603 Paislev Street, Denton Texas 76209 HOME $0 Start Date 10/01/10 Other Sources $466,770 Completion Date 09/30/11 Total $492,992 Page 11 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic violence. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Homeless ❑ Creating Economic Opportunities Specific Objective: Provide emergency, services for homeless persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 1,993 persons ❑ Affordability Project Goals: 1,993 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,111 Location: Confidential HOME $0 Start Date 10/01/10 Other Sources $1,862,000 Completion Date 09/30/11 Total $1,888,111 FAMILY HEALTH CARE Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Objectives: ® Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Living Environment Priority Need: Public Services ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 74 persons ❑ Affordability Project Goals: 74 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $20,787 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME $0 Start Date 10/01/10 Other Sources $453,011 Completion Date 09/30/11 Total $473,798 Page 12 FRED MOORE DAY NURSERY PROJECT Project consists of various improvements to the day care facility. Improvements will include roof repairs, HVAC replacement, exterior window replacement, door repairs and entry refraining, electrical and plumbing improvements. The day care provides services to low and moderate-income families. The project will be carried out by Fred Moore Dav Nursery School and the Community Develop went Division. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: ® Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Living Environment Priority Need: Public Facilities ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve services for low and moderate-income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with access to unproved ❑ Availability/Accessibility Indicators: facility - 48 ® Affordabilitv Project Goals: 48 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $120,400 Location: 821 Cross Timber Street, Denton, 76205 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 4/15/11 Total $120,400 HEALTH SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV and medical assistance to underserved, low-income, and uninsured residents of the city of Denton. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Additional funding will be used for the salary of a pharmaceutical assistance program - coordinators salary, medical care, diagnostic tests, laboratory tests, medication and durable medical supplies for low-income residents of the city of Denton. Program will be carried out by Health Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: ® Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Number of persons assisted with unproved access to ® Availability/Accessibility Specific Outcomes: a service - 1,150 persons ❑ Affordability Project Goals: 1,150 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,394 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2010 Other Sources $771,806 Completion Date 9/30/2011 Total $771,806 Page 13 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Department. Funding includes $4,000 in HOME Program Income. 21H HOME Admin/Planning Costs of PJ (subj~ect to HUD Matrix Code: 10%) 92.20'7 (a) Objectives: ❑ Suitable Living Environment Eligibility: N/A ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Opportunities Specific Objective: N/A Outcomes: Specific Outcomes N/A ❑ Availability/Accessibility Indicators: ❑ Affordability Project Goals: NIA ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community Wide HOME $57,156 Start Date 08/01/10 Other Sources $0 Completion Date 07/31/11 Total $57,156 HOMEBUYER ASSISTANCE PROGRAM HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Communitv Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Increase availability of affordable owner housing. Specific Outcomes Number of first-time homebuyers - 25 households Outcomes: Indicators: Number receiving down-payment assistance/closing ❑ Availability/Accessibility costs - 25 households ® Affordability Project Goals: 25 households E] Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $56,160 Location: Community Wide HOME $193,840 Start Date 1/10/10 Other Sources 0 Completion Date 7/31/11 Total $250,000 Page 14 HOME IMPROVEMENT PROGRAM Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding also includes estimated program income for HOME ($40,000) and CDBG ($14,000). Program will be carried out b the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner-occupied housing. Outcomes: Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility Indicators: standard condition - 8 housing units ® Affordabilitv Project Goals: 8 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $75,000 Location: Community Wide HOME $275,000 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $350,000 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 35-40 persons ❑ Affordability Project Goals: 35-40 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $3,778 Location: 117 West Svcamore, Denton, TX 76201 HOME $0 Start Date 10/01/10 Other Sources $74,800 Completion Date 09/30/11 Total $78,578 Page 15 MACK PARK SHELTER PROJECT CDBG funds will be used to construct a 20' x 40' picnic shelter in Mack Park. The shelter will assist in accommodating children participating in the Summer Food Lunch Program as well as providing a recreational activity for those in the surrounding neighborhood. The project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03F Parks Recreation Facility 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activitv was used Outcomes: Indicators: to meet a measurable unproved quality - 4,200 ®AvailabilitylAccessibility ❑ Affordability Project Goals: 4,200 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $40,000 Location: CT 212 /BG 1 - 57.1% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 12/01/10 Total $40,000 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units occupied by elderly - 15 ®Availability, /Accessibility Indicators: Number of units made accessible - 5 ❑ Affordability Project Goals: 35 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $125,000 Location: Community Wide HOME 0 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $125,000 Page 16 MLK CENTER ADA ACCESSIBLE PARKING CDBG funding will be used to meet a communitv need for additional ADA accessible parking spaces and ADA compliant pedestrian ramps to conform to the current Americans with Disabilities Act and provide improved access to the MLK Jr. Recreation Center. These improvements will encourage use of the facility by all neighborhood residents. HUD Matrix Code: 03F Parks Recreation Facilities 570.201 (c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve accessibility, quality/increase quantity of Opportunities public improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable unproved quality - 2192 ®AvailabilitylAccessibility ❑ Affordability Project Goals: 2192 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS X Disabled Funding: Subrecipient: Local Government CDBG $22,000 Location: CT 21200/BG 2 - 72.7% LM HOME 0 Start Date 02/15/11 Other Sources 0 Completion Date 03/15/11 Total $22,000 QUAKERTOWN PARK ADA ACCESSIBLE SIDEWALK PROJECT Construction of an 8'wide, ADA compliant accessible sidewalk with ramps along Withers and Oakland streets to accommodate access to Quakertown Park, Emily Fowler Library and provide a safe pedestrian walkway for persons in the neighborhood. Approximately 2,180 linear feet of sidewalk will be constructed. Project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03L Sidewalks 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low-income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable unproved quality. ®AvailabilitylAccessibility ❑ Affordability Project Goals: 2,100 linear feet of sidewalk ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $73,031 Location: CT 206.01 /BG 3 LM HOME 0 Start Date 10115110 Other Sources $53,469 Completion Date 11/15/10 Total $126,500 Page 17 RUTH ST. SANITARY SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line from Hill to Cross Timbers and from Cross Timbers to Cook Street to Dallas Drive. The existing sewer line is in a state of disrepair. The replacement will require a new 8" sewer line and manholes for approximately 1,930 feet. The new line will be constructed and placed in the street. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable improvement of quality. - 33 ® Availability/Accessibility hh ❑ Affordability Project Goals: 33 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $248,500 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 2/15/11 Total $248,500 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to bud- meals. Program will be carried out by SPAN. HUD Matrix Code: 05A Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Non-housing special needs ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 350 persons ❑ Affordability Project Goals: 350 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,167 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/10 Other Sources $687,800 Completion Date 09/30/11 Total $708,967 Page 18 OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2010 Program Year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services programs. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2010. Category / Agency General Other Total Funds Funds Funds Aging Services Day Stay for Adults - 47 people $6,778 $284,008 $290,786 RSVP - 520 people $7,900 $266,683 $274,583 Emergency Services Denton County HMIS - N/A $18,000 $71,908 $89,908 HOPE, Inc. - reported in CDBG $18,111 $64,245 $82,356 Da Care /After School Care Denton Christian Preschool - 117 people $22,056 $432,000 $454,056 Fred Moore Day Nursery - 166 people $23,556 $416,444 $440,000 Child/Family Services CASA - 217 people $11,000 $665,339 $676,339 Communities in School - 400 people $5,000 $164,035 $169,035 Other Services Camp Summit- 6 people $2,944 $1,027,882 $1,030,826 Total $1 1 , 345 $3,392.,544 $3,507,889 Page 19 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2010 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2010-14 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES H-3.1 Encourage and support An addition of 150 affordable Provide support for developments meeting Sustainability he development of wits in mixed income his strategy. of Decent small mixed-income developments with 50 units Housing rental developments in or less would assist in accessible areas. meeting this outcome measure. H-2.1 Encourage self- Self sufficiency programs ork with and provide finding when Affordability of sufficiency among will target households ppropriate to support transitional housing Decent Housing households that receiving rental assistance and self-sufficiency programs administered currently receive rental and other forms of public by Denton Housing Authority and HOPE, subsidies and other assistance. Create housing Inc. and other local organizations. forms of public support. fordability for 3 to 5 households per year. H-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and Availability/ he rehabilitation of rehabilitation of 5 to 10 units local rental property owners to identify and Accessibility of substandard units. per year. support rehabilitation of substandard units. Decent Housing H-2.2 Encourage and assist Approximately 150 renters Continue supporting the City's Homebuyer Affordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable Decent Housing become homeowners. Housing Opportunity Program, DAHC's nfill New Constriction Program and Nevada Court Project, Denton Housing Authority's Family Self Sufficiency Program and Habitat for Humanity. H-1.2 Target programs and our newsletters per year will Disseminate program information in Spanish Availability/ information to be sent out. Additional and English to organizations serving these Accessibility of minorities and the information will appear on groups. Decent Housing elderly. able channel. OWNER-OCCUPIED HOUSING STRATEGIES H-2.3 Educate homeowners Information will be provided 8 households will be provided successful Affordability of regarding home to 8-10 households per year. homeowner education. Decent Housing maintenance and budgeting for major and minor repairs and safe leaning practices. H-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for 20 Affordability of moderate-income approximately 100 very low 25 households. Decent Housing households with minor to moderate-income housing repairs and homeowners. weatherization. H-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program Sustainability ow and moderate- households. It is anticipated or 8 households. of Decent income homeowners to that 25%-35% of the annual Housing maintain their units up allocation will be dedicated to to current City of his targeted area. Denton code standards 'n targeted areas. Page 20 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS H-2.5 Educate homebuyers Information will be provided Support of Fannie Mae and HUD approved Affordability of regarding home buying to 100 prospective homeowner-ship workshops by local Decent Housing process and household homebuyers. genies and lenders udgeting. H-2.6 Encourage and assist Approximately 100 renters Support the City of Denton's Homebuyer Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable Decent Housing income renters to Housing Opportunity Program with residual become homeowners. It ffinds. is anticipated that 35% to 50% will be minority households. H-2.7 Support production of Constriction of an estimated Support of DAHC and City's Infill New Affordability of fordable units. 50 new units. Constriction Program and DAHC and Decent Housing Habitat for Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS H-2.8 Provide assistance for 1) Support a minimum of la) Support and refer persons to local Affordability of ow-income households 100 units of individual business and agency's' First Time Decent Housing to secure and sustain and group counseling and Homebuyer classes and Credit safe, decent affordable educational opportunities Counseling Classes housing concerning securing and lb) Provide finding to HOPE, Inc in support maintaining a home. of programs including Housing Counseling Support 750 individual/ a) Provide administrative support and finds family units of sen-ices to including any Emergency Shelter Grant secure and maintain Program or Emergency Food and Shelter housing including Program Awards to HOPE, Inc and The prevention of foreclosure Salvation Army for homelessness and eviction a year. prevention assistance. b) Continue to support the Tenant Based Rental Assistance from HOME finds to the Elderly and Disabled to maintain independent living and to prevent homelessness. CONTINUUM OF CARE - OUTREACH AND ASSESSMENT SL-1.1 Improve counmunity 1) Continue implementation 1) Provide finds to the Denton County Availability/ assessment of needs and of HMIS. Increase data. Homeless Management Information Accessibility of sen-ices available sharing and number of System to enroll and support homeless Suitable Living participants. At least 3 - sen-ice agencies. Environment 5 agencies should ) Assist the Denton County Homeless participate in data sharing. Coalition to organize a to sldorce to Support development of a create and implement a plan to in county-wide, coordinated Chronic Homelessness including a Discharge Policy and Plan coordinated discharge policy. to End Chronic Homelessness in two -ears. Page 21 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE - EMERGENCY SHELTER H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide fiords to the Denton County Availability/ shelter and basic health, emergency shelter nights Friends of the Family Safe Shelter. Accessibility of food, clothing, and of stay a year. 2a) Assist The Salvation Army, and Denton Decent Housing personal hygiene needs ) Assist local agencies to County Friends of the Family to apply of the homeless and apply for at least three for Emergency Shelter Grant Program victims of domestic grants to provide Funds violence. supportive services to all 2b) Assist Denton County MHMR to apply homeless, victims of for Supportive Housing Program and/or domestic violence, Shelter Phis Care Funds. homeless families or 2c) Assist Health Sen-ices of North Texas homeless youth. apply for Supportive Housing Program Funds. CONTINUUM OF CARE - TRANSITIONAL HOUSING H-1.4 Meet the transitional 1) Support at least 50 la) Provide funds to HOPE's transitional Availability/ housing and supportive individuals/ families shelter program to assist 10 people. Accessibility of service needs of the provided with transitional 2a) Provide local agencies with information Decent Housing homeless and victims of housing a year on grant opportunities for finds to domestic violence in ) Assist local agencies to support transitional housing and reparation for a move apply for at least two supportive services. to permanent or grants to provide 2b) Provide documentation for and assist permanent supportive additional transitional with the completion of applications to housing. housing and supportive request Emergency Shelter Grant Funds services and Supportive Housing Program finds 3) Support the increase use for transitional housing and supportive of transitional housing services and/or supportive services 3) Attend Ten Year Plan to End to prepare individuals for Homelessness meetings and provide permanent housing in the information on the importance and need Ten Year Plan to End for transitional housing and/or Homelessness. supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING H-3.3 Provide homeless and 1) Assist agencies to apply la) Assist Health Services of North Texas Sustainability victims of domestic for at least two grants to and Denton County MHMR apply for of Decent violence with provide permanent Supportive Housing Program finds for Housing permanent or supportive housing with permanent supportive housing program permanent supportive an emphasis on chronic projects. homeless and persons lb) Provide local agencies with information housing. with a severe mental on grant opportunities for finds to illness and/ or HIV support transitional housing and positive status. supportive services. Assist at least two 2a) Participate in the Affordable Housing coin mnity partnerships/ Coalition and the Denton County collaborative efforts to Homeless Coalition. continue to provide 2b) Provide finding to support programs of additional permanent HOPE, Inc, Denton County Friends of housing opportunities to the Family, and Denton Affordable the homeless, potentially Housing Corporation who have a homeless and victims of collaborative effort to move victims of domestic violence domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable permanent housing. Page 22 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES H-1.5 Educate homeowners, 30 households and 50-75 8 homeowners and 12 contractors or property Availability/ rental property ontractors and property managers will receive field guides for Lead Accessibility of owners/managers & managers received field Paint Safety painting, home maintenance and Decent Housing ontractors regarding nudes for painting, home renovation work instructions. Four owners, disclosure, the histor5r of maintenance and renovation managers or contractors receive individual lead-based paint, its work instructions. 20 safe work practice video training and lead- hazards to children and owners, managers or elated regulation training. how to use safe work ontractors receive individual practices when safe work practice video disturbing paint in older raining for the five-year housing. period H-1.6 Reduce Lead-Based Average of 40 units will In properties built before 1978, two minor Availability/ Paint Hazards in owner receive lead-based paint repairs, three owner occupied rehabilitations Accessibility of and renter-occupied inspection, hazard control and three homebuyer assistance projects will Decent Housing residential units as eduction work or abatement, be completed and receive lead-based paint heeded. ass inspections and, when eduction work, pass inspections and meet required, meet final clearance anal clearance in compliance with 24 CFR over the five-year period. 35 regarding lead-based paint during 2009. For the Homebuyer Assistance Program, only visual inspection will be conducted and roperty must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 la) Support the Coni mnity Food Center. Availability/ heeds of the homeless emergency meals and food a) Provide finds to support the Nutrition Accessibility of and low-income bags a year Center of Health Sen-ices of North Suitable Living Texas to provide an estimated 50 Environment ) Support at least 150 meals persons with weekly nutritional shops. and nutritional food b) Provide finds to support SPAN who bags/shops a year will provide meals to 350 to persons over or disabled persons. SL-1.3 Meet the basic shelter 1) Support at least 250 1) Provide finds to the Denton County Availability/ heeds of homeless and emergency shelter nights Friends of the Family Safe Shelter to Accessibility of ow-income persons of stay ayear assist 1,993 people. Suitable Living ) Support at least 25 2) Provide finds to HOPE, hic to support a Environment individuals/ families transitional housing program for an provided with transitional estimated 35-40 persons. housing ayear 3a) Provide 10 staff hours to support the 3) Provide at least 60 hours Denton County Homeless Count of staff time in support of conducted by the Denton County at least 3 projects for the Homeless Coalition (DCHC). Denton County Homeless 3b) Provide staff time as necessar5r to support Coalition a year the DCHC application for Continuum of Support 75 individual/ Care finds. family units of case 3c) Provide 30 staff hours to support the management and other DCHC application for Emergency sen-ices to maintain Shelter Grant Program Funds. housing including 4) Provide support to HOPE, Inc 30-90 day prevention of foreclosure program. and eviction a year Page 23 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy SL-1.4 Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Availability/ environment where coalitions and/or Homeless Coalition in the effort to Accessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness. Suitable Living and conumnities enjoy community initiatives to a) Provide finds to three daycares to Environment strong, supportive foster and maintain an support the provision of childcare to an relationships environment to promote estimated 474 families. strong, supportive b) Provide finds to after school/smumer relationships. care programs and the provision of Support at least 150 childcare for 20 children. individuals/ family units 3a) Provide support to Denton County of childcare, after-school Friends of the Family for the provision and summer care, of domestic violence and sexual assault parenting skills, and adult victim services including counseling. education assistance a 3b) Provide support to Children's Advocacy year. Center for Denton County to provide 3) Support at least 75 units sexual abuse/assault services to children of domestic violence and and non-offending families members. sexual assault prevention 4) Provide support to Denton County education and training a Friends of the Family for the provision year of community education and offender classes to prevent domestic violence and sexual assault. SL-1.5 City residents have 1) Support at least 50 units 1) Provide support the Family Health Care Availability/ access to health care to of health care services a and Health Services of North Texas for Accessibility of be as physically and year. primary health care and pre-natal Suitable Living mentally fit as possible ) Participate in any services to at least 1184 persons. Environment coalitions/collaborative a) Participate in the 100% Geriatric Services efforts to improve in Denton County Workgroup in the availability of health care effort to enrich and improve the lives of especially for low- the elderly. income persons, elderly, and people with disabilities. 3) Support at least 20 units of mental health care services a year... INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street improvements. Promote livability & of applicable this year. Sustainability of sustainability for residents of Suitable Living ow/mod neighborhoods. Environment rojects will support 200 hhs. SL-3.2 Installation of new Promote livability and of applicable this year. Sustainability of sidewalks and sustainability for residents of Suitable Living replacement sidewalks. ow/mod neighborhoods. Environment Projects will support 200 hhs. SL-3.3 Installation of water and Promote livability and Provide finding for replacement of sewer Sustainability of ewer lines. sustainability for residents of lines from Hill to Cross Timbers and from Suitable Living Connection of ow/mod neighborhoods. Cross Timbers to Cook Street to Dallas Environment residential units to Projects will support 150 hhs. Drive. services. SL-3.4 Installation of drainage Promote livability and of applicable this year. Sustainability of improvements including sustainability for residents of Suitable Living improvements that will ow/mod neighborhoods. Environment remove residential Project will support properties from approximately 50 hhs. oodplain. Page 24 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy SL-3.5 Rehabilitation and Improve availability & Provide finding for project at the Denton Sustainability of expansion of public accessibility of services City County Day School & Fred Moore Day Suitable Living services facilities. through improvement to at Nurser)-, Inc. Environment east 2 public service facilities. SL-3.6 mprove and/or expand Improve availability & Provide finding for a project for shelter at Sustainability of ark facilities including accessibility of services to at Mack Park, ADA accessible parking at MLK Suitable Living pen space, playground east 2 park facilities. Center and ADA sidewalk project at Environment hd other recreational Quakertown Park. acilities. DEMOLITION STRATEGIES SL-3.7 Continue to demolish To demolish 20 structures Continued support for the Demolition Sustainability substandard buildings to during the five-year period. Program with residual finds. of Suitable improvement the wing appearance and safety of Environment neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and Provide economic Provide non-federal incentives to Sustainability employment activities pporhmity by supporting rgauizations to create jobs. Work with job of Economic targeted to poverty and activities that create jobs. raining organizations to promote training in pporhulity -et)- low-income Observe an increase in the specific areas of need. households. unnber of poverty and low- income hhs that achieve self- sufficiency*. 0-1.1 Expand educational Provide economic Provide finding to transitional housing Availability/ opportunities for those opportunity for transitional providers. Request that information on Accessibility of seeking transitional housing clients. 25-35 hh educational opportunities be provided to Economic housing or other housing (over 5 years) receive clients. Opportunity support sen-ices. ounseling/educational sen-ices. 0-1.2 Encourage support of ver the five-year period 25+ Monitor federally funded projects and work Availability/ Section 3 goals by local Individuals hired for projects with contractors to ensure that Section 3 Accessibility of contractors. y private contractors. requirements are fulfilled. Economic orhuli r BARRIERS TO AFFORDABLE HOUSING STRATEGIES H-1.6 Educate the cohmmnity Improve accessibility and Quarterly newsletter will be sent out to vailability/Ac regarding the benefits of availability of information on clients, local lenders, realtors, agencies, essibility of fordable housing. fordable units by providing churches, neighborhood associations, Decent Housing homeownership and fair libraries, recreation centers and many others. housing information Two public hearing will be held during the quarterly newsletters, at least reparation of the annual action plan and one public hearings annually. during the preparation of the performance report. H-2.9 On an annual basis, Create affordability in Continue to request impact fee grants from Affordability of request approval and housing through provision of he General Fund for housing non-profits for Decent Housing ffinding for impact fee an average of three to five he constriction of affordable housing. grants for producers of grants per year over the five- fordable housing. year period. Page 25 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy H-2.10 Allocate finding to the Create affordability in Support for Denton Affordable Housing Affordability of ion-profit and for-profit housing through constniction Corporation's, Habitat for Humanity, Private Decent Housing organizations that are of 25 - 50 SF units and 50 - developers and the City's Infill New developing affordable 100 rental units that are Constniction Program. housing. Request that fordable to low-income they attempt to households over the five-year maximize the leveraging period. of these dollars and provide documentation. Page 26 2010 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts { t I - - - fL- 1 _ Minority - ; Concentration ' _T_ % by Census Tracts -~LF_ - i' r r { 1.1-f r~ 0 - 25% it 1 +25%-30% T. _ 1 - +31%-40% 5 i +41%-50% +50% - 100% Source: U.S.2000 Census - lJ 4 a 2010 Projects and Activities 1. Denton Citv County Dav School* 6. Quakertown Park ADA Accessible Sidewalk 2. Family Health Care* Project 3. Fred Moore Day Nursery, Inc.* 3. Ruth Street Sanitary Sewer Line Replacement 4. Health Services of North Texas* 7. Denia Summer Program* 5. Mack Park Shelter Project 8. MLK Summer Program* 8. MLK Center ADA Accessible Parking Community-Wide Activities CDBG and HOME Administration Home Improvement Program Children's Advocacv Center of Denton County Minor Repair Program Denton Affordable Housing Corp. - Rental HOPE, Inc. Homebuvers Assistance Program Services Program for Aging Needs, Inc Geographic distribution of projects is based on citizen, service provider and City staff input regarding significant needs in the low-income community, specifically in regard to public facility improvements. Home Improvement Program activities are limited to low-income areas that are zoned residential. This is to ensure that substantial amounts of funding are not expended on housing in areas zoned commercial or industrial, where the zoning transition in the near future, would no longer allow residential development. *Public service activity locations are provided on the above map, however, services provided by each of the organizations is available to low and moderate-income households throughout the Denton community. Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This anlount includes all investment that enables the family to purchase the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the anlount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG and General Funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff Page 28 For the HOME program, a similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the help of the Community Development staff monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual basis to ensure that all HOME requirements are met. Also, the only rental project not fielded through the local CHDO, is a project that provides transitional housing and services for single-parent fanulies. This organization is also monitored annually including a review of the client files for income information. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The housing rehabilitation staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and proj ects. PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2010-2014 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coalition and HOPE, Inc. to expand the network of organizations participating in HAWS. Page 29 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless developed the following steps during the 2010-2014 Consolidated Plan process to address chronic homeless. These steps are reaffirmed during the 2010/11 program year. The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The DCHC point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. Page '10 The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. HOME PROGRAM - MINORITY OUTREACH PROGRAM To ensure employment and business opportunities for minority businesses the City of Denton will continue to carry out and support the following activities during the program year. 1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce refer building contractors to the Community Development office to apply to be added to the active contractors bid list. 2. Will request that general contractors on CDBG and HOME-funded capital projects give preference to hiring minority or women subcontractors and employees as well as include this wording in construction contracts. 3. City of Denton's legal advertisement for bids will include the equal employment statement and encourage minority participation 4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in Denton informing them about the programs, the assistance and contracting opportunities that are available. 5. City of Denton will continue to attend the Small Business Development Breakfast on a monthly basis. 6. City of Denton will continue to comply with all State bidding requirements for Historically Underutilized Businesses (HUB) 7. City staff will also perform debarment reviews to ensure that no previously debarred contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local cable channel in search for contractors and will encourage participation by minority contractors. Page 31 Spanish Public Hearing Notes December 3, 2009 Martin Luther King Jr. Recreation Center No attendees were present at the public hearing on December 3, 2009. Public Hearing Notes December 7, 2009 MLK Recreation Center Staff reviewed activities from the past year and stated that the City's complete year-end report, the Consolidated Annual Performance and Evaluation Report (CAPER), was available on the City's website. Staff also reviewed the various activities that are eligible under both the Community Development Block Grant Program and the Home Investment Partnership Program. Below is a list of comments including projects and programs that attendees suggested might be funded with Federal CDBG or HOME dollars. 1. It was noted that the trees in the median of University Dr/380 near the Bonnie Brae intersection had been taken down during construction. Residents commented that they would like to see these trees replaced. Staff indicated that this project would not be eligible due to the fact that University Drive does not serve a specific low to moderate-income neighborhood which is a requirement of the Federal programs. 2. Residents from the North University Place Addition (Amherst, Dartmouth, Tulane streets, etc) indicated that there was a need for sidewalks in the neighborhood. Staff has checked the low/mod status of the neighborhood and determined that the area is only 27% low/mod. Public facility improvements would be an ineligible activity in this neighborhood. 3. A Southeast Denton resident commented that sidewalks were needed on Hill Street. Children often walk to school down this street. 4. It was noted that the areas along Oakland Street, where it leads to the Emily Fowler Library, and Withers Street both need sidewalks. A stop sign is also needed at Withers and Oakland. The comment was that this area was unsafe, especially for families with children. 5. Another participant added that a fence was needed around the playground/park area at the northwest corner of Quakertown Park. The resident and others in attendance agreed that the Page 32 cars moving through the area, along with the cars parked on the street, made this playground area unsafe for small children. 6. It was noted that pedestrians have a difficult time crossing University Drive. A resident also stated that crosswalks and traffic controls need to be set up to allow for safe crossing by bicyclists and pedestrians. The intersections at Fulton, Malone, Alice, Bonnie Brae and Carroll were specifically mentioned. Staff indicated that they would talk with the Transportation staff regarding the issues on University and ask what actions, if any, could be taken. 7. An individual asked how funds could be used for historic preservation. Staff responded that the City's housing programs can use the funds to preserve the historic characteristics of certain structures. Also, commercial buildings could be preserved and if the business that owned or would use the building would create jobs for low/mod persons. This would meet the Federal requirements. Also, improvement to low/mod neighborhoods through historic preservation could, in some instances, be eligible. 8. It was noted by a participant that UNT students had begun an organization called "Seeds of Change." The organization provides food to the homeless each weekend in Quakertown Park. He commented that perhaps the organization might request Federal funds to continue and expand the program. Staff suggested that organization might consider partnering with another organization that currently carries out similar services. 9. Individuals representing Communities In Schools discussed the needs that are met by the organization and how they've assisted families with children in local schools. Only four schools receive services at this time. It was noted that an additional five schools in Denton ISD would probably qualify if funding were available. They suggested that more funding be provided to the Communities in Schools. 10. An individual stated that he is interested in funds for small business loans. He commented that funding should be available for small businesses to purchase a land and/or buildings. Staff noted that a previous small business loan program began due to the efforts of the Chamber's Small Business Development Center. Staff suggested that he may want to contact the SBDC to see if they are aware of any business loans available for this purpose. 11. One participant asked for the names of the Community Development Advisory Committee members. Staff indicated that they would send her the committee roster. Page 33 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross Ron Aldridge, chairperson, called the meeting to order. He asked if any members had questions regarding any of the applications submitted for review. Ray Jordan asked about the administration budget of 20% from CDBG and 10% from HOME and how it was determined what costs would be paid from those funds. Herbert Holl asked what other administration costs were included in the budget besides personnel costs. Mr. Jordan added that it would appear that the administrative costs of some of the programs were understated if a significant portion of the personnel and other costs came from the administration budget. Ms. Ross indicated that she would bring the committee a copy of the administration budget. She indicated that it does primarily pay salaries. Since CDBG funds have been decreasing over the past few years and the CD staff has significant longevity, which means they are at the top of their pay range, CD had to downsize and did not hire a staff member to replace the Housing Programs Specialist when she moved to a higher level position. Ms. Ross stated that she would provide the committee with a copy of the administration budget. Mr. Aldridge asked if there were any questions on the funding summary. There were no questions from the CDAC. Mr. Aldridge asked Ms. Ross to explain the tax credit application request. Ms. Ross explained that two organizations that did not attend the mandatory application training had asked for approval to submit an application for funding. Ms. Ross informed them that they did not meet the submission requirements because they did not have a representative attend the mandatory application training. She explained to the requesting organizations that it would be up to the Community Development Advisory Committee to determine if they wanted to allow official submission and review the applications. Herbert Holl made a motion to accept the applications. Mr. Aldridge asked if there was any discussion. Lisa Melby asked if the two organizations were on the list to be notified. Mr. Holl asked how the committee felt about the projects. Ms. Ross stated that this would be something to discuss if the applications were reviewed but the committee first had to decide whether to accept the applications. Mr. Aldridge stated that what they were looking at would be an "exception policy." Gerard Hudspeth asked about the Housing Tax Credit program. Ms. Ross explained how developers use the tax credits to support affordable housing projects. Mr. Aldridge asked for the vote. Eight members voted against allowing submission of the applications. Dorothy Watts abstained due to her absence during most of the discussion. Minor Repair Program Gordon Meredith gave a history of the City's Minor Repair Program. He stated that staff divides the available funding up so that money is available for repairs each quarter. The entire city is served by the program. Mr. Meredith noted that the income level for the MRP is 65% of median Page 34 or below which is a little lower than the City's Home Improvement or Homebuyer Assistance programs. Mr. Holl asked if the quarterly division of funding was strict. Mr. Meredith stated that funds from an upcoming quarter could be used if there were an emergency. Ms. Ross added that residual funding from other projects could be used if needed. Home Improvement Program Nancy Baker presented the request for funding for the City's Home Improvement Program. She stated that if funded at the requested level, staff planned to complete two reconstructs and six rehabilitations in the coming year. Staff completed six projects during the past year. Ms. Winn asked about the expected surplus and Ms. Baker indicated that she was correct, the $275,000 was the expected funding that would be left over in the current budget. Ms. Winn also suggested that CO2 alarms be included as part of any future rehabilitations or reconstructions. Ms. Baker indicated that this could be done. Mr. Jordan asked about the administration expenditures and how they amount of funding it takes to administer the program might be misconstrued. Ms. Ross explained that Ms. Baker carries out other activities besides this program and that the salary dollars that come from the CDBG/HOME administrative caps pay for those other activities as well as time spend on HIP. She added that staff could pull the time sheets and come up with a monthly average of time spent on HIP to give the committee a better administrative cost estimate. Mr. Hudspeth asked how the Minor Repair Program did with the funding they received in the past year. Mr. Meredith stated that they did have some funding left. He added that they assist approximately 30 households per year. Mr. Meredith commented that he felt the City was getting better quotes due to the recession. Ms. Ross also commented that new contractors were asking to participate in the programs. Cathy Tedrick asked if the funding committed to the programs is moved forward on an annual basis. Ms. Baker indicated that it does move forward. She also pointed out that the program slow down during the past year was due to a reduction in staff. HIP is going to be using an architect to assist with project development which should increase the number of units completed on an annual basis. Homebuyer Assistance Program Luisa Rodriguez-Garcia presented the request for the City's Homebuyer Assistance Program. She noted that funds were not requested the previous year due to the reduction in home purchases. However, she stated she has seen an increase in applications over the last six months. Also, previously, lenders were using other programs to assist their clients. This was often done because the City's HAP required that loan to income ratios are such that the homebuyer can actually afford the unit. Other programs did not have the same requirement. Ms. Rodriguez-Garcia stated that staff is asking for $250,000 for the program. Some of the funding will be used to complete non-FHA required repairs. This will assist in making housing units affordable and delay any major homeowner maintenance costs for at least five years. She stated that in the past, the City used Denton County Housing Finance Corporation and Federal Home Loan Bank funding for this purpose. Staff will continue to try to access these funds but will also use Federal CDBG and/or HOME if needed. CDAC members had various questions. Mr. Jordan asked if the repairs would increase the value of the home causing the sales price to go up. Mr. Rodriguez-Garcia indicated that the additional Page 3 5 repairs would be made after the unit was purchased. Mr. Hudspeth asked if staff was setting aside a specific amount for repairs or whether this would be open-ended. Ms. Rodriguez-Garcia said it would be about five units with no more than $5,000 each being spent on repairs. Mr. Holl asked about the program's default rate. Ms. Rodriguez-Garcia responded that it had been very low - only two buyers in the past year. Ms. Winn asked what about the average amount of assistance per homebuyer. Ms. Rodriguez-Garcia stated it was about $10,000. Ms. Watts noted that the racial/ethnic make-up of those assisted appeared to be somewhat disproportionate. She asked how the program was advertised. Ms. Rodriguez-Garcia stated that information is provided to the Board of Realtors and local lenders. Also, it is included in the "Monthly Housing Guide" that comes out in the Denton Record-Chronicle. Information is included in the CD Newsletter that goes out to neighborhood groups, churches and social service agencies. Ms. Rodriguez-Garcia stated that staff would attempt to expand marketing efforts, including providing information at the various community activities. Ms. Tedrick asked if the program used any particular lenders. Ms. Rodriguez-Garcia replied that lenders must attend training and agree to participate in the program. Mr. Hudspeth suggested that staff look at the individual households that inquire about the program or complete an application but do not receive assistance. This would give staff a better idea of the groups that might benefit from additional marketing efforts. Fairoaks Improvements Glenda Blackwell, Kathy Beightol and Barbara Burgin presented the Fairoaks funding request. Ms. Blackwell stated that they were requesting funds to install a new phone system that would allow residents to make emergency calls if needed, anywhere on the premises. This would help the senior residents to feel more secure. It was also noted that they are requesting funding for a Wi program to promote more exercise activities. Also, funding is requested to build a pavilion for resident's social and exercise activities. Ms. Beightol stated that they also receive funds from the Neighbor to Neighbor program at Kroger and other local sources. Barbara Burgin and Ms. Beightol discussed the Master Gardner program and how much the residents enjoyed the program. Additional information was requested from the presenters. Ms. Winn asked if they took advantage of the "free tree" program. Ms. Burgin indicated that they did and that they have planted quite a few trees on the property. Ms. Ross asked if the Wi equipment was installed or plugged in. Ms. Blackwell indicated that it would be plugged in rather than installed. Ms. Winn asked about the director's and service coordinator's part-time status. Ms. Blackwell explained that they work at several complexes managed by Plano Community Homes. Ms. Ross indicated that they would need the salary ranges for the PCH staff Mr. Holl asked about the "monitoring fee." It was suggested that Fairoaks staff check to see if the first monitoring fee was included in the installation cost. Mr. Jordan suggested that they prioritize their list of requests. Ms. Blackwell stated that the alarm system was their first priority. Ms. Beightol stated that the residents would probably put the pavilion at the top of the list. Ms. Tedrick asked if Fairoaks could require residents to wear the alarm pendants. Fairoaks representative said that they could not but that the residents were in support of the system so most would probably agree to wear the pendants. Ms. Tedrick asked about the SW corner location of the pavilion. Ms. Beightol stated that this area had the most shade trees. Mr. Hudspeth suggested that they use a local contractor and asked for the ethnic breakdown of the residents. Committee members asked what other funding was available to support these projects. Ms. Beightol stated that she would check on the availability of other funding. Ms. Tedrick noted that the budget indicates that Fairoaks has a deficit and asked how they planned to reverse that trend. Ms. Blackwell stated that the deficit Page '16 was due to funds from Fairoaks being used to support Fairhaven and that this is no longer the case. Documentation was requested by the committee. Ms. Melby indicated that the financial issues were probably due to Fairhaven. She noted that Fairoaks, a HUD-supported complex has always been full. Mr. Jordan suggested that they provide a profit and loss statement for the committee. Members continued to discuss the requests presented by Fairoaks and whether the Wi and alarm system were items that the organization might be able to pay for from other sources. Ms. Melby indicated that she was supportive of funding the alarm system. Ms. Benavides stated that perhaps the committee could provide some funding and Fairoaks could provide the rest. Mr. Aldridge suggested that the committee consider funding of the pavilion and the alarm system but not the Wi equipment. Members agreed to set the next meeting at 11:00 am on February 22"d The meeting was adj ourned. Page 3 7 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 22, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Members absent: Gerard Hudspeth Staff present: Barbara Ross Ron Aldridge called the meeting to order and stated that the committee needed to elect a chair and vice-chair. He asked for nominations. Herbert Holl nominated Ron Aldridge as chair. Dorothy Watts seconded the motion. The vote was unanimous, Ron Aldridge was elected CDAC chair. LaNelle Winn nominated Lisa Melby as vice chair. Ray Jordan seconded the motion. The members voted unanimously that Lisa Melby continue as CDAC vice-chair. Ray Jordan asked about whether the City would pay for re-occurring costs for an organization and whether that would be considered by the Community Development Advisory Committee (CDAC) or the Human Services Advisory Committee (HSAC). Members discussed costs associated with the Fairoaks alarm system. Ms. Ross indicated that if the alarm system were "installed" it would come through CDAC. However, payment of costs associated with the alarm system would be considered a "public service" and HSAC would consider that program. Denton City County Day School Improvements Eddie Garcia, Executive Director, gave the presentation for Denton City County Day School. Mr. Garcia invited the committee members to visit the school. He stated that they may serve low-income families but, they don't have to look low care. He stated that they have good compliance reports from the State when they are inspected. They offer their teachers the training that they need to do their jobs well. Mr. Garcia noted that other daycares even come to take a look at the facility. Mr. Holl asked what about the ratio of applicants to those accepted. Mr. Garcia stated that they tend to have more requests for service than they have spaces. Recently, they were able to take 36 children because some parents had lost their jobs and no longer needed to send their children to day care. They keep a waiting list but no one is currently waiting for service. Mr. Garcia noted that they take children that are two years old and potty-trained. He stated that their sliding scale fee goes from $60 per month to $88 per month. Most parents currently pay $60 per month and it doesn't go very far in paying the costs associated with providing the service. Ms. Ross asked about a comment Mr. Garcia had made regarding competition with other providers. She asked if they competed against for-profit day cares. Mr. Garcia explained that they accept Child Care Services funding from the State for some clients. He noted that some of the for-profit day cares also accept families that are accessing this funding for child care. So, there is some competition. Mr. Jordan asked how they differentiate themselves from Fred Moore Day Nursery. Mr. Garcia stated that if you look at the State reports, you will see a difference in the number of violations each agency has. Ms. Tedrick asked about the difference in the population served. Mr. Garcia Page 3 8 indicated that Fred Moore serves more African Americans, possibly due to the neighborhood in which they're located. Mr. Jordan asked if there was a difference in services. Mr. Garcia responded that Fred Moore provides infant care. Mr. Garcia was asked about the funding he received in 2009 and whether those funds had been spent. He indicated that the roof had been done and they are working on the other improvements. He stated because the children were in the facility during the week, he had to find contractors that would work on the weekend and that was sometimes difficult. Mr. Jordan indicated that the City had provided over $180,000 for improvements and repairs to the facility. He asked when these improvements/repairs would become part of the agency's operating expenses. Mr. Garcia responded that they were rent-free but, because they charge the families so little, they would probably have to continue to ask for funding to upgrade the facility. They also get assistance from the Denton Benefit League. Ms. Tedrick asked about funding from other organizations and Mr. Garcia gave a listing of the organization from which they request funding. Members had some additional questions. Ms. Melby asked if the lighting and water heaters couldn't be provided by other programs. Mr. Garcia indicated that some programs are too specific regarding how the funding has to be spent. Ms. Winn asked if the rates were per family or individual child. Mr. Garcia stated that the rates were per child and had to be that way to support the services provided. Ms. Tedrick asked about the canopies and if the organization had a reserve. Mr. Garcia responded that the canopies were similar to those out at James Woods and that they had a three month reserve. Ms. Ross asked about placing a lien to protect the City's investment. Mr. Garcia indicated that this could be done. Fred Moore DU Nursery School Jason Adamson, president of the Fred Moore board of directors, introduced himself. Carol Rowley, treasurer, also introduced herself Mr. Adamson explained the work included in the "first phase" and the "second phase" of the Fred Moore renovation. Mr. Holl asked if this was a capital campaign or a "pay as you go." Mr. Adamson indicated that they were requesting funds from several sources including the Speedway and the Meadows Foundation. He noted that Fred Moore had to give up previous money allocated by the City and the Meadows Foundation due to agency financial issues. Mr. Adamson noted that board members and parent volunteers had worked on the playgrounds to make sure they were safe and in good condition. Ms. Tedrick asked if they had received funds from the Meadows Foundation in the past. Ms. Rowley responded that they have received these funds for operations not for capital improvements. Ms. Winn asked some questions regarding the type of roof that would be installed. Mr. Adamson stated that attachment D had this information. Ms. Winn also asked about the energy efficient ratings on the work that is going to be done and also suggested that they make sure that the electrical work allows for the use of computers as needed. Mr. Adamson discussed the facility's use of computers and the purpose of the electrical upgrade. Ms. Ross asked if the school district still "owned" the property and would it be possible for the City to place a lien on the property. Mr. Adamson and Ms. Rowley explained that Fred Moore Day Nursery School had control of the property as long as the use did not change. They have Page '19 considered asking the school district for a warranty deed and agreed that this could be requested from the district. Mr. Jordan commended the Board on their efforts to turn the school around. Ms. Tedrick asked about the new executive director. Mr. Adamson indicated that Alonzo Peterson, the new ED was not feeling well today or he would have been at the meeting. He noted that Mr. Peterson had previously been with MADD and The Bridge and had some good experience providing needed services. Ms. Ross asked about recent correspondence from the IRS. Ms. Rowley assured the CDAC that all payroll taxes have been paid by Fred Moore. She was now working to pay a penalty due to late filing but felt that this would only be about $600. Ms. Tedrick asked about their reserves. It was indicated that the organization intended to begin building a reserve fund. Denton Affordable Housing Corporation Rental Improvements Program Jane Burda Provo, executive director, presented DAHC's request for funding. She stated that last year DAHC requested funding for improvements to their rental properties. They want the properties to last and be welcome in their respective neighborhoods. DAHC has attempted to spread their rental units around and not put them all in one neighborhood. Ms. Provo requested assistance to renovate eight units. She provided the committee with information on the other organizations and programs that DAHC works with. Ms. Provo stated that DAHC is requesting for $20,000 for operating funds and $67,000 for rental unit Improvements. Ms. Winn asked if the units were in priority order. Ms. Provo stated that they were not. She added that if the City was not able to fund the full amount, they would take something from each unit. Ms. Winn also asked about the bathtubs and Ms. Provo explained about how they will be "re-enameled." Ms. Tedrick asked if the agencies that DAHC worked with are responsible when their clients damage a unit. Ms. Provo responded that MHMR had some crews that do routine things but that is the only time the agencies are involved in any maintenance. The committee and staff had several additional questions: • Ms. Ross asked about any matching funds that might come from these projects. Ms. Provo stated that there might be some Denton County Housing Finance Corporation funding that would also be used for rental improvements and could be used as match. • Ms. Tedrick asked how many units DAHC managed. Ms. Provo stated that they own and manage 80 units. • Mr. Jordan asked about the length of a lease with MHMR clients. Ms. Provo stated that they renew leases annually. • Ms. Watts asked about whether they wanted to redirect the use of their 2008 funding that has not yet been spent. Ms. Provo responded that they want to redirect their remaining 2006 and 2007 funding to rental improvements but would leave the 2008 for the Affordable Housing Opportunity Program (AHOP). This would be an additional $187,000 for rental improvements. Page 40 • Ms. Tedrick asked if the organization had any "reserves" to repair rental properties or if they plan to sell their older properties. Ms. Provo stated that they do have some reserves but that they often use it so there is not much left. Mr. Provo also indicated that DAHC does not plan to sell their older properties. Mr. Jordan noted that it appeared they were requesting funds when they are not needed. Ms. Provo and Ms. Ross explained the HOME program requirement that 15% of all non- administrative funding be provided to a Community Housing Development Organization (CHDO) for projects and programs. Ms. Ross asked that if home buying is on the rise, shouldn't the AHOP program be continued. Ms. Provo noted that they would be keeping the 2008 funding to continue the AHOP. Park and Recreation Projects - Mack Park Shelter, MLK ADA Parking, Quakertown Park Sidewalks Bob Tickner, PARR, reviewed the requests for funding. He stated that the Quakertown sidewalks project was the result of comments at the public hearings. Mr. Tickner stated that a City Council member had requested funding for the accessible parking at MLK. He described the project. Mr. Jordan asked how this project met the low-income requirement. Mr. Tickner showed the committee the service area and indicated that it was a low to moderate-income area. Members discussed the surrounding area including the student population and families that could potentially use the sidewalks. Ms. Tedrick asked Mr. Tickner how he would rank the projects. He indicated that Mack Park is needed and that they would eventually have to deal with the accessible parking situation at MLK. Some capital improvement funds might be available to help with the Quakertown sidewalks if they were only partially funded. Engineering - Sewer, Water and Sidewalk Projects Becky Guthrie, Engineering Department, handed out a correction to the funding requested for the various sewer, water line and sidewalk projects. She reviewed each project and indicated that the funding reduction on some projects was due to some work that they were doing now. This work will reduce the size, and therefore the cost, of some of the proposed sewer projects. Ms. Guthrie noted that the sidewalk projects were also submitted last year. There were a few questions for Ms. Guthrie. Mr. Holl asked how much the reduction was. Ms. Guthrie responded that it was about $180,000 less. Ms. Ross asked if the projects were prioritized. Ms. Guthrie indicated that they were in priority order. Mr. Holl asked what funds were used for other capital improvement projects. Ms. Guthrie responded that they were usually funded by revenue or utility bonds. Mr. Holl explained that these projects could also be funded with those sources but the use of Federal funds adds to what they are already have available to build. Mr. Holl then asked about a $21,000 proj ect that was included in the application. Ms. Guthrie stated that the project was included in the Egan Street total. The committee members and Ms. Ross discussed the date and time of the next meeting. It was agreed that the committee would meet at noon, Monday, March 1st to develop recommendations to the City Council regarding which projects should be funded for the 2010-2011 program year. The meeting was adjourned. Page 41 OFFICIAL MINUTES Community Development Advisory Committee Minutes March 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross, Angel Delgado Ron Aldridge, chairperson, called the meeting to order. He asked if there were any questions regarding the minutes from February 1st and February 22"d Cathy Tedrick moved that the both sets of minutes be approved as written. Sandra Benavides seconded the motion. The motion was unanimously approved. Barbara Ross provided information regarding Fairoaks. She stated that currently there is some confusion regarding ownership. Plano Community Homes (PCH) manages the complex but, there is no longer an active Fairoaks and Fairhaven Board of Directors. Ms. Ross stated that Lee Ann Hubanks of Plano Community Homes is waiting on the US Department of Housing and Urban Development to determine whether the ownership of the property can be transferred to PCH. Ms. Ross added that she had explained to Ms. Hubanks that she was going to recommend that the activity not be funded until the ownership issue was settled. Members discussed the risks of funding a project where the non-profit did not have a decision-making body in place. Mr. Aldridge suggested that the committee not fund the project. LaNelle Winn made a motion that the CDAC would not recommend funding of the Fairoaks Improvement Project. Ray Jordan seconded the motion. The motion was approved 8 to 0 with one abstention by Herbert Holl. Members reviewed the Funding Recommendations Chart and discussed each of the activities and suggested funding amounts: • It was agreed that Denton Affordable Housing Corporation would received the required 15% CHDO cap of $87,386. • Members discussed the Denton City County Day Care request. Lisa Melby suggested that they remove some work items that had been installed recently. Ray Jordan indicated that he felt the canopy was not a necessity. Ms. Melby stated that the canopy was needed. Ms. Tedrick stated that the exterior lights were needed for security. Mr. Hudspeth commented that the facility was not used at night. Ms. Benavides and Ms. Winn felt that the lights are necessary for safety. Mr. Holl indicated that he thought all items in Phase I should be funded but would agree to take out the restroom sinks and cabinets. Members agreed to fund the water heaters, resource room, exterior lights and the canopy. • During the discussion of the Fred Moore requests, members brought up ownership of the property. Ms. Ross stated that she would request that the Fred Moore Board talk with Denton ISD regarding issuance of a warranty deed to give Fred Moore possession of the property. This would allow the City to place a five-year lien on the property to protect the City's investment of CDBG funding. Ms. Ross explained that the CDBG funds required Page 42 that the program continue for at least five years after facility improvements or longer if higher levels of funding are allocated. Members looked at the "Phase One" improvements. They agreed that roof repair, HVAC, door and window replacements were the top projects. Later members agreed that the plumbing, electrical and entry refraining should also be recommended for funding. • Parks requests were discussed. Ms. Winn stated that she felt the Mack Park shelter was a priority. Ms. Benavides noted that the park was used for the summer meals program and that many children from low-income families are served by the program. Mr. Holl noted that both the shelter and the Quakertown sidewalks had a significant service area because if you are able to access the park, you can also access the facility. Mr. Ross noted that the Quakertown sidewalks were brought up at the public hearing as a need for those walking in the area to schools, the park, etc. Mr. Hudspeth asked about the MLK Center's accessibility. Members discussed the facility and the need for the accessibility improvements. It was agreed, at this point in the discussion, to include all three projects in the recommendations. • The Home Improvement Program was discussed briefly. Members asked Ms. Ross if costs were increasing. Ms. Ross indicated that even with the economic slowdown, construction costs were increasing on the homeowner rehabilitations and reconstructions. She noted that CDBG and HOME were currently the only City funds used for housing programs. • Engineering requests were reviewed. Members discussed which projects - sewer, water or sidewalk - were most important. It was noted by Dorothy Watts that if the sewer is damaged or not working properly, it could cause residents major problems. It was noted that the projects were submitted in priority order. Members agreed to try to allocate funding to complete both phases of the Ruth Street project. • Mr. Jordan stated that he felt the Minor Repair Program was a priority. • Members asked about the Homebuyer Assistance Program and whether families were purchasing homes. Ms. Ross said the program has picked up significantly in the last two to three months. Possibly due to the tax credit program. Members agreed to recommend full funding to the Home Improvement, Homebuyer Assistance and Minor Repair programs. Since Parks staff had indicated that there might be some sidewalk funding available to assist with the Quakertown sidewalks, members agreed to recommend partial funding. Members reviewed the funding recommendation sheet prepared by Angel Delgado. Herbert Holl made a motion to accept the recommendations as discussed, Lisa Melby seconded the motion. The motion was approved unanimously. Mr. Aldridge thanked the members for their service. The meeting was adjourned. Page 43 UN-OFFICIAL MINUTES Community Development Advisory Committee Minutes April 5, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, Members absent: Gerard Hudspeth and LaNelle Winn Staff present: Barbara Ross Ron Aldridge, CDAC chair, called the meeting to order. He asked if there were any corrections or additions to the minutes of March 1st. Barbara Ross noted an error in the second paragraph and stated that she had made the correction. The minutes were approved as corrected. Mr. Aldridge moved to the second agenda item which was the request by Denton Affordable Housing Corporation to change the use of their remaining 2006 and 2007 funding allocations from the Affordable Housing Opportunity Program (AHOP), to rehabilitation of their affordable rental units. Herbert Holl stated that for the purposes of discussion, he would move to approve the request from DAHC. Sandra Benavides seconded the motion. Ms. Ross stated that Gerard Hudspeth, who was not able to attend the meeting, suggested that the funding be provided to another organization. Lisa Melby asked if the funding could be given to another project or organization since DAHC had not been able to spend the allocation in a timely manner. Ms. Ross reminded members that at least 15% of each annual HOME allocation was required to be provided to Community Housing Development Organizations (CHDOs). DAHC is the only CHDO that has been certified by the City of Denton. She added that DAHC had received more than the required 15% so some of the funds could be reallocated, but the 15% could not. Ms. Benavides stated that she was reviewing the 2010 request from DAHC for funding to renovate rental units. Ms. Benavides commented that she went out and looked at the units to be renovated. It appeared that the units did not need some of the improvements that were included in the recent funding request. She specifically mentioned the siding, window screens and rain gutters as items that, when she looked at the units, didn't appear to be needed. The items were already in place or the unit was brick and therefore wouldn't require siding. Ms. Ross told the members that Community Development staff would go out and inspect the units prior to the start of construction to ensure that the repairs were needed. Mr. Holl asked what the ramifications of either decision would be. He asked if the funding would have to be returned to HUD. Ms. Ross indicated that any of the 15% CHDO allocation that was not spent would go back to HUD. She also noted that there are commitment and expenditure requirements for the HOME program. If these are not met, the City could lose the funding. Ray Jordan commented that the funding was originally requested and allocated to a homebuyer program, but that this would be a totally different use of funds. Ms. Ross noted that staff would have to monitor the rental units for about ten years. This is why, in the past, they have tried to stay away from rental programs. Mr. Jordan asked about the increase in administrative costs that Page 44 would result from the additional monitoring by staff. Ms. Ross responded that it would certainly take more staff time than the AHOP, but, that there would be no additional administration funding. Staff would just have to add in the additional work. HOME allows 10% for program administration and that is what CD uses to pay personnel costs associated with HOME program activities. Mr. Holl asked how DAHC would handle the need for repairs to these units if the funding was not reallocated. Ms. Ross responded that she wasn't sure but, that they would probably look for funding elsewhere. DAHC would have to make some repairs immediately and would probably just do the worst-case units first. She added that another reason DAHC is requesting the reallocation, is to spend the funds more quickly. Mr. Jordan asked for more detail regarding how they planned to use the funding. Ms. Ross indicated that staff could get this information from DAHC. Ms. Ross noted that DAHC has received high marks from HUD officials that have monitored the agency. Mr. Aldridge called for the vote. Four members voted in favor of the reallocation of funds to the rental unit improvements. Three members opposed the reallocation. The request for reallocation of funding was approved. Ms. Aldridge asked Ms. Ross to explain the final agenda item - the additional funding to be allocated. Ms. Ross stated that the City had received official notification from HUD regarding the 2010-2011 CDBG and HOME allocations. The actual allocations differ from staff estimates. The CDBG allocation is approximately $34,000 more and the HOME allocation is about $4,000 less. After subtracting the 15% set aside for human services, determining the appropriate administration percentages, and substituting CDBG funds for the decrease in HOME funding, there is an additional $18,170 in CDBG to be allocated. Ms. Ross also stated that LaNell Winn, who was not available to attend the meeting, said that she would like to see additional housing improvements funded. Mr. Aldridge pointed out that all the housing programs had received full funding. Members discussed the Quakertown Sidewalk project that previously had not received full funding. Cathy Tedrick moved that the additional funding be allocated to the sidewalk project. Ms. Melby seconded the motion. The motion was approved unanimously. Members briefly discussed setting up sub-committees during the next funding cycle. Each subcommittee would be responsible for actually going to the various project sites to help determine the level of need for the project. Members agreed that it would help the committee members to have more confidence in their recommendations. The meeting was adjourned. Page 45 OFFICIAL MINUTES Approved by Committee 2/4/2010 Human Service Advisory Committee Meeting November 5, 2009 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Dr. Richard Stream and Mary Ann McDuff Members Not Present: Barbara Brown, Jan Hillman, Angie Jester and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Meeting was called to order and staff welcomed members and asked the members to introduce themselves and state how long they had participated on the committee. Ms. Espino asked for nominations for chair and vice chair. Ms. McDuff nominated Steve Pogue for chair. Dr. Stream seconded the motion. Mr. Pogue was elected by acclamation. Steve Pogue nominated Mary Ann McDuff for vice chair. Dr. Stream seconded the motion. Ms. McDuff was elected by acclamation. Chair Steve Pogue asked staff to provide HSAC funding history. Ms. Espino discussed funding history and CDBG and general funds. Ms. Ross added that funding had changed in 2005-06 fiscal year, when the city had changed to funding per $1 per capita method as other cities in the area. Mr. Pogue added some of the history of the Human Services Advisory Committee. He added that most of the agencies funded were only asking for a small portion of their total budgets, but that the funds assisted the agency in receiving other funds. Dr. Stream mentioned regarding the possibilities of touring some of the agencies. Ms. Espino stated that this had been mentioned previously and that the agencies welcomed a visit and all a member had to do was to call an appointment to tour the facility. It was agreed that Ms. Espino would contact the agencies to let them know about a possible visit from members. Members discussed the Human Services Advisory Committee (HSAC) procedures, application, assessment tool, and hearing format. Ms. Espino advised the committee regarding application training for agencies planning to apply for 2010-11 Human Services funds. Application would be made available to the agencies in November and would be due January 18, 2010. Staff would make the applications available to the committee via binders or via flash drive. Staff will contact committee to determine what is preferred. Ms. McDuff mentioned that another committee member had a concern that they could not highlight areas on the application. Ms. Espino stated that the flash drive would provide the applications in PDF format and committee members could bring their laptops to the meetings. Committee had no changes to the application or assessment tool. Staff reviewed last year's agency hearing format. The committee members agreed that the format had worked well. The committee was in agreement with the format as follows: 1) Presentations will be 5- minutes long for organizations to present relevant agency and funding facts not included in the application, 2) Committee members will ask questions for up to five minutes, 3) No more than two representatives are asked to appear and should bring a copy of their application for reference, 4) Organizations are requested to arrive 30 minutes ahead of schedule, 5) additional handouts are not required at the presentations. If handouts are desired by the organizations for the presentations, Page 46 applicants are requested to forward them via e-mail to staff or leave them for the HSAC to review after the presentations. The HSAC requests that handouts not be distributed during the presentations. The following meeting dates were selected: Application Workshop Sessions, Start Time 9 a.m. Thursday, December, 3, 2009 Friday, December 4, 2009 *One workshop session is mandatory for organizations wishing to submit an application. HSAC Application Presentations, Start Time: 6 PM Thursday, February 4, 2010 Thursday, February 18, 2010 HSAC Funding Recommendation Meeting, Start Time: 6 PM Thursday, February 25, 2010 HSAC Tentative Meeting, Start Time: 6 PM Thursday, March 11, 2010 The meeting was adjourned at 7 p.m. Page 47 OFFICIAL MINUTES Approved by Committee 2/18/2010 Human Service Advisory Committee Meeting February 4, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman and Mari Metzgar Members Not Present: Dr. Richard Stream, Mary Anne McDuff and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and members were asked to introduce themselves. City of Denton Handbook for Boards, Commissions and Council Committees Alma Espino handed out the handbook and provided a brief explanation for the handbook. Approval of Minutes from November 5, 2009 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from November 5, 2009. Megan Stoker seconded the motion. The minutes were approved as written. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY The committee discussed the People's Clinic remaining funding for the 2009-10 FY. Ms. Espino explained the City currently has a funding agreement with the People's Clinic. They have a significant amount of funding that has not been spent and their board has voted to dissolve the non-profit. Health Services of North Texas (formerly AIDS Services of North Texas) has agreed to take their assets and continue to provide health services to the indigent population. The committee's recommendation would allow People's Clinic remaining funds, of $11,170.49, to be reallocated to Health Services of North Texas. The funds will be utilized for the same purpose as stated in the People's Clinic's contract. The committee decided to hold off taking a vote until Health Services of North Texas made their presentations and they could ask some questions about this request. Discussion of Human Services Applications Committee members asked why no new applicants had applied. Ms. Espino explained that three mandatory application trainings were held and there had not been many new agencies. She had spoken to several and had advised them that the application process was competitive and the general requirements to apply. Ms. Behrens asked how agencies report throughout the year. Ms. Espino stated that funded agencies are reimbursed on a monthly or quarterly basis. Backup for the request must be provided. Agencies are required to provide a cost allocation plan, proof of insurance coverage, monthly financial reports, minutes and agendas for board meetings. They also provide quarterly beneficiary reports, performance reports, and proof of payroll tax payments. Agencies are desk monitored and based on certain risk factors, will determine whether a site monitoring visit is needed. In 2009, Denton City- County Day School, Health Services of North Texas (formerly AIDS Services of North Texas), Family Health Care, Denton County Friends of the Family, SPAN, Inc. and Fred Moore Nursery School were monitored on site. Only one monitoring visit is still ongoing. Page 48 2010-2011 Human Services Applicant Presentations: Denton City County Day School Eddie Garcia, Executive Director, introduced himself and introduced Jack Carlisle, board member with over 20 years on the board. He provided a brief history of the day care and the facility. Mr. Garcia stated that the school serves 50+ low to moderate income families. DCCDS not only provides a safe and positive environment for children, but it helps to transition the children to kindergarten. DCCDS is required to comply with the same requirements as for-profit day cares and the school has never been cited and has passed all required State inspections. The most helpful service that DCCDS provides is the care and consistency of teachers who continue their employment at this facility. Mr. Carlisle added that DCCDS is more than babysitting and this is why the name was changed from daycare to school. The board has long term members, each with more than 7 years of service. Ms. Stoker stated that good childcare continues to be a huge need in the community. Many parents are looking and it is not readily available. Barbara Ross stated that the City of Denton is currently working on the Five (5) Year Consolidated Plan and based on current surveys, childcare is still listed as a need in the community. Ms. Espino stated that a United Way needs assessment may also soon be in the works within the community. Health Services of North Texas (formerly AIDS Services of North Texas) Susan Stambaugh, Director of Clinical Services and Kevin Spicer, Nutrition Center Coordinator, introduced themselves. Continued Discussion and Recommendation of People's Clinic remaining funding for the 2009- 10 FY Ms. Stambaugh, per committee's request, provided general information regarding the acquisition of the People's Clinic. A building has been rented just down the street from their current office on Mesa Drive, which will provide low-cost health care to Denton County residents. People's Clinic remaining funding will be used in the same manner as stated in the People's Clinic contracts. The acquisition will allow People's Clinic to access Health Services of North Texas infrastructure. As soon as the new clinic location is ready, Health Services of North Texas will move all of their medical staff to 4310 Mesa Drive and begin offering medical care to the public. Once the proper billing mechanisms are in place HSNT will also be offering care to individuals and families with Medicare, Medicaid, and most private insurance plans. The agency's goal is to offer high quality medical care to people at all income levels. Health Services of North Texas (formerly AIDS Services of North Texas) Per the Human Services application request, the food pantry continues to provide a much needed service in the community. The number of persons, who are HIV+, continues to increase. Funding available is mainly being made available to health services. The food pantry provides supplemental supply of food to help ensure clients receive the proper amount of nutrition they need to stay healthy. A week worth of food, or a SHOP, can provide up to 7 meals. Health Services of North Texas provides services in Denton, Collin, Rockwall and Kaufman counties. This request is asking for funds for hygiene for HIV+ persons and unreimbursed medical expenses incurred by the HSNT medical care program for low to moderate income residents of the city of Denton. In Denton, services are provided in one office. Even though the county does not have a county hospital, HSNT staff takes the initiative to find services for clients. Based on needs for clients, Page 49 HSNT has found a sleep clinic to take clients at a reduced rate. This includes the breathing machine the client will need. Staff has also obtained the services of an optometrist. Mari Metzgar asked what the average age was for HIV+ clients. Ms. Stambaugh stated that it was the 40-60 age group, though the 18-24 age group was growing fast, not currently in Denton, but in Plano. Also, another new group is senior citizens. The concern is that they are not being diagnosed as quickly. A current client was not diagnosed for a year. Mr. Pogue asked if it was true that half of AIDS cases are African Americans. Ms. Stambaugh replied that this is not the case in this area. The largest group remains white males. Mr. Pogue asked if any African Americans were on their Board. Ms. Stambaugh stated that there were some African American members representing Dallas. Mr. Pogue asked if churches in the area were getting involved. Ms. Stambaugh stated that the churches have been a great help to the organization. Usually churches predominately a certain race help in areas where there is a higher % of the race that are HIV+. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She noted that they have admitted 240 women into the clinic and 38 are low income. The 38 women average 4 visits to the clinic. City funds have been utilized to help women who are in the process of getting on Medicaid, since the process can take from 3 to 4 months. It is important to be seen during this time to receive proper prenatal care. City funds allow the clinic to assist the client while they are waiting on other funding sources. Due to funding issues with Medicaid, the clinic has taken a great hit on their funding. Ms. Metzgar stated that the statistics on birth weight were very impressive. Ms. Capan stated that prenatal care and education were very important. Ms. Ross asked when the agency would be moving into their new facility. Ms Capan stated that another hospital has made a counter offer and they are working to make a final decision on where to move. Ms. Metzgar asked about high risk pregnancies. Ms. Capan explained that physicians will not accept a client that is 5 months pregnant or high risk. Examples of high risk patients include persons with diabetes or those under the age of 16. The clinic currently has contracts with two physicians to complete deliveries. A nurse practitioner, at the clinic, provides all other care and visits. The committee agreed that the clinic was doing a wonderful job. Ms. Stoker asked who the physicians are. Ms. Capan stated DeCarlo Noble, MD (Presbyterian) and Lori Harvey, DO (Denton Regional). Children's Advocacy Center of Denton County Dan Leal, Executive Director and Charles Stafford, Advisory Council Chair and Founding Board President, introduced themselves. Mr. Leal discussed the agency's history. In 1994, the county had a sex offender conviction rate of 8%. Now due to agency collaborations, the conviction rate is more than 70%. The agency is a great model of collaborative services. Last year, CACDC served 1753 persons and 20% were from the city of Denton. The agency is located in Lewisville, but has a satellite office in Denton. Page 50 Ms. Metzger asked regarding the reason for requesting more funds and their efforts to obtain more funds. Mr. Pogue asked that the "fair share" funding be explained. Mr. Leal explained that the "fair share" funding had been requested a couple of years before the City of Denton decided to award the agency these funds. This allocation approach requests that each municipality, whose residents use the services of the Children's Advocacy Center for Denton County, pay a portion of the operating expenses that is proportional to the use of services. The Denton Police Department provided a comparison of what the costs would be if the police department had to provide the services. The Center is providing an important service that the City of Denton Police Department could not provide without expending more money than what the CACDC is requesting from the city. The expert forensic interviews, partner agency coordination, training and specialized counseling provided by the organization are valuable to the criminal justice process. Due to the City of Denton funding, several cities have followed suit and are providing "fair share" funding. Mr. Pogue asked why there weren't more board members from the city of Denton. Is it harder to get persons from the city of Denton due to the office being in Lewisville? Mr. Leal stated that one member resides in Denton and several others work in Denton. The board is currently considering an application for a board member from the city of Denton. Mr. Pogue asked about the "fair share" letter provided to City Council and would the CACDC provide some input. Mr. Leal agreed to review. HOPE, Inc. - Homeless Management information System (HMIS) Barbara Atkins, Executive Director of HOPE introduced herself and Carl Seiler, Project Coordinator, who manages the HMIS. Ms. Atkins described the services provided by HMIS. HMIS reports information regarding social service agencies serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and duplication. Agencies requesting federal and state funding are required to utilize the HMIS data system. The program is managing data for over two million in funds in the area. HOPE, Inc. - Transitional Housing Ms. Atkins state that there are over 600,000 homeless and 135 million children, the hidden homeless. The numbers are growing. Ms. Atkins also described continued funding, new funding received, goals of the agency and how they plan to strengthen the agency to utilize the funds. Their board is currently working on various items that include a strategic plan and the expansion of current office space. HOPE is currently coaxed out of space in the office due to the hiring of new staff to manage new grants. Ms. Atkins stated, that if funded, if HOPE could be provided general funds instead of CDBG funds. Due to regulations from the U. S. Department of Housing and Urban Development, rental assistance can only be provided with CDBG funds for up to 3 months. Since the program provides services 12-24 months, CDBG's three-month limitation is causing some problems. Ms. Metzgar asked what transitional housing is. The Transitional Housing Program provides case management and financial assistance to client families who are exiting emergency shelter and federally defined as homeless for 12-24 months. Ms. Metzgar asked if this meant that the program had housing at different sites. Ms. Atkins replied that through collaboration with Denton Affordable Housing Corporation, twenty scattered site units at rents far below market rate are available. Mr. Pogue asked if it was correct that 300-500 families are estimated to need the service and only five (5) families are assisted and 10 additional families are provided follow up services, then what Page 51 happens to the rest. Ms. Atkins stated that other funding sources have been obtained and collaborations with other agencies have also been able to help. Mr. Pogue asked what agencies are members of the HMIS. Ms. Atkins stated that Department of Mental Health and Mental Retardation, Health Services of North Texas, Christian Community Action, HOPE, Inc. and Salvation Army. Mr. Seiler stated that by accepting a certain grant, the agency is agreeing to input data into HMIS. The agencies input homeless data that is then reported to congress. Ms. Atkins stated that the City of Denton had great staff and noted the work they had done and were doing with the Homelessness Prevention and Rapid Rehousing grant Ms. Espino mentioned that the Denton County Homeless Coalition is currently working on unofficial homeless count and the data would be made available on the City of Denton's website. Camp Summit Lisa Braziel, Camp Director and Pam Chicol, Director of Development introduced themselves. Ms. Braziel stated how their programs assist families and benefits the individual being assisted. The program offers weekend, fall, spring and summer camps to adults and children with disabilities. They are now offering a spring break camp for up to 80 campers. This funding is very important because over 90% of campers receive financial help to attend the camp. Otherwise these persons would be unable to attend the camp. Over 70% of campers are adults and 30% are children. She described a specific camper's experience and how these funds helped send him to camp. Many times this is the only social and recreational activities available. Ms. Metzgar asked what amount of the 21 residents of Denton served were adults. Ms. Braziel stated that she believed that it was 70% adults, but without the actual data she couldn't provide an exact percentage. Ms. Metzgar asked if any of the campers were from Denton State School. Ms. Braziel stated that 6 or 7 campers are from the school and they are working to recruit more. 09-10 HSAC Application Evaluation Mr. Pogue asked if staff had any direction about what were the most important needs in the community. Ms. Espino stated that based on the data she had seen all the agencies needed the funds. Ms. Ross stated that based on her current surveys, emergency housing continues to be a great need, but other funding has been obtained to help with this need. The committee asked about the role of the Community Development Advisory Committee. Ms. Ross explained that the committee addressed more of the brick and mortar projects. This includes housing, public improvements and economic development. For housing this can include Homebuyers Assistance Program, Home Improvement and Minor Repair, Denton Affordable Housing Corporation and Habitat for Humanity (who did not apply this year). Public improvements can include repairs or improvements to social service agencies who provide services (ex: daycares), park improvements, streets, sewers, etc. The committee requested information on how much funding was available. Ms. Espino provided the figures that were funded last year, but the general fund amount is based on City Council discretion. Page 52 Court Appointed Special Advocates (CASA) of Denton County Mr. Pogue asked if there was a conflict of interest if his wife volunteered for the CASA agency. Ms. Ross stated that since compensation was not involved it was not an issue but noted that he might not want to vote on the CASA funding. Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated that the agency has been continually recognized for their excellent programs, leadership, board fundraising and management, volunteer of the year, and their program has been recognized as Best Practices for training volunteers. They are working to develop a model. The board is reviewing their strategic plan and the organization is always looking for ways to improve. There is tenure in staff and the board. Why fund CASA? The agency is a good investment in partnership. The funds requested go to services for the children. The agency holds 45 days in reserve and funding continues to be important due to the economy. Ms. Metzgar asked what their main funding raising events are. Ms. Gideon stated that they have two main fundraisers and are involved in several third party events. Ms. Metzgar asked if board members were involved. Ms. Gideon stated that board members and one staff member were responsible for the two events. Ms. Metzgar asked if board members were required to donate a % of funding. Ms. Gideon answered that 100% of board members have donated since 2005. PARD Playground Programs - Owsley and Kings Kids Day Kamp Summer Programs Kathy Schaeffer introduced herself. She explained how the Owsley and the Kings Kids Day Kamp summer programs work. The programs provide a day camp at Martin Luther King, Jr. Recreation Center and at the Denia Recreation Center for poverty income level children. Due to renovations to Denia, the Owsley program may be held at a pavilion in Owsley Park that is currently being constructed. Mr. Pogue asked what would happen if they didn't receive funding. Ms. Schaeffer stated that other funding had been available in previous years, but due to the economy those funds may not be available. Currently they serve 42 children per camp and this last summer had a large waiting list. The reduction or the loss of funding would mean a lower number of children served. It might also mean combining programs. Mr. Pogue asked what response the parents have had about the programs. Ms. Schaeffer stated that evaluations are completed at the end of the camp and that parents are very appreciative of the camps. It offers a child a lunch, mentoring and positive role models. Ms. Metzgar asked when the program was started and has it ever been totally funded with City funds. Ms. Schaeffer stated the Owsley program was started in 1993 as a drop in program. The Kings Kids Day Kamp was started in 1994. Usually funds have come from CDBG, or the Parks Foundation and some general funds. As funds get tighter, this may not be a possibility. Ms. Ross added that these programs were started by Parks and UNT, who use to provide some of the programming. Ms. Schaeffer added that it used to be held in a trailer in the Owsley neighborhood area. The program has been scaled back due to loss of funding. Page 53 Ms. Behrens asked when the program starts and ends. The 2010 program will start June 07, 2010 and end August 20, 2010. Ms. Stoker asked if it was usually the same group of kids. Ms. Schaeffer stated that attendance is required and when a child drops, another is added from the waiting list. Ms. Metzgar asked how much the parents pay. Ms. Schaeffer stated that last summer parents paid $7 a t-shirt for the child. This summer they are asking the parent(s) to pay $10. She added that the parent(s) are required to document their poverty income level. Ms. Ross asked about the pavilion in Owsley Park. Ms. Schaeffer stated that the park is being reworked to fit in a pavilion, basketball court and a playground area. Ms. Hillman stated that this group cannot go out and fundraise. Ms. Schaeffer stated that via the Parks foundation they could, but that the foundation is targeting athletic scholarships. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY Mr. Pogue motioned that a recommendation be approved to transfer remaining funds from the People's Clinic to Health Services of North Texas. The motion was seconded by Ms. Metzgar and approved by members. Maria Minerva Villanueva- Simental moved that the meeting be adjourned. Mr. Pogue seconded the motion, the meeting was adjourned. Page 54 OFFICIAL MINUTES Approved by Committee 2/25/2010 Human Service Advisory Committee Meeting February 18, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Mari Metzgar, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Barbara Brown Staff Present: Alma Espino and Angel Delgado Chair Steve Pogue called the meeting to order and Ms. Espino was asked to talk about the current city budget. Ms. Espino stated that there was always a possibility that the city funding for Human Services may be reduced. She stated that it is up to the committee if they would like to lower their total estimate for funding. Mr. Pogue asked if the committee should recommend funding based on a per capita basis or the maximum. Jan Hillman stated that it might be best to recommend funding based on a smaller estimate of the budget. Mr. Pogue stated that CDBG funding will probably be as listed but that there is some concern on how much the city will actually fund for the Human Services. Mr. Pogue asked for the per capita level. Ms. Espino stated she would get the current population figures to the committee by email and phone. Approval of Minutes from February 4, 2010 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from February 4, 2010. Mari Metzgar seconded the motion. The minutes were approved as written. Discussion of Application Process Mr. Pogue asked if there were any questions about the application process. Mr. Pogue also mentioned the possibility of problems with Fred Moore Day Nursery School, Inc. There have been bad checks, write-offs, and lack of physical accountability. Ms. Espino stated that the daycare provided a much needed service in the community. She stated that requests for payments are completed on a reimbursement basis and that an agency is required to submit backup. This request is reviewed and all agencies are required to submit minutes from board meetings, financial reports, quarterly payroll taxes, and yearly audits. She added that a new director was hired in December. 2010-2011 Human Services Applicant Presentations: Denton Christian Preschool Judy Royal, Executive Director, Alicia Blanca, Assistant Executive Director, and Ray Jordan, Board Member, introduced themselves. Ms. Royal stated why she thought the agency needed funding. She stated they provide a service that is not available elsewhere. Denton Christian Preschool provides transportation access to the school. She stated there is an increase in low income families and the school is beneficial for this population. The school teaches English as well. Mr. Jordan stated their main strategic goal is to fund preschool education in Denton. The need exceeds the capabilities of the school system. As well, transportation is needed. As far as funding, Mr. Jordan stated that they are trying to obtain funds from wherever possible. He stated that there Page 55 had been issues with the budget and that Denton Christian Preschool has always kept a heavy reserve. This is no longer the case. They maintain being in the black but their run rate is almost even. He stated their two biggest fundraisers are coming up and they have started new fundraising events to aid in their budget. One example is the Tamales Sale. This fundraiser involves the parents' participation and is a great example of bringing the family together to aid in education funding. Mr. Jordan stated that government funding was decreasing. Dr. Richard Stream asked the agency what they would do if funds had to be cut. Mr. Jordan stated that in the past they have removed a position to accommodate the cuts. They cut the Coordinator position and Ms. Blanca is now responsible for coordinating transportation. They have combined positions and eliminated a classroom. There have been no raises. He added that the children are the ones who are suffering from these cuts. He stated that a small investment in the children and their families now will create huge differences in the future. Mr. Stream asked if there was responsibility of parents to the children and their education. Ms. Royal stated that it is very important for parents to have a sense of responsibility for their children's education. The parents complete a contract at the beginning of enrollment, attend parenting education classes, and pay tuition. Dr. Stream asked what happens if the parents don't fulfill the contract. Ms. Royal stated that they would drop the parent and the child from the program. Mary Ann McDuff asked the agency personnel what was the difference between Denton City County Day School, Fred Moore Day Nursery School, and Denton Christian Preschool. Ms. Royal responded that she did not know the statistics of the populations served in the other agencies but stated that Denton Christian Preschool is not a day care. It has a research based curriculum including literacy and math. All teachers have degrees in Child Development. The agency works with the university to create the curriculum. Ms. McDuff asked if the preschool was half-time. Mr. Jordan stated that there is full-time and half-time attendance. The full-time attendance costs tuition but half- time is free. Mr. Jordan stated that licensing regulations were increasing. It now costs $44.20 for each staff member to be fingerprinted. This includes all staff, volunteers, and university students. Last year it cost over $1,000. Denton County Friends of the Family Toni Johnson-Simpson, Executive Director, and Audrey Kteily, Executive Program Director, introduced themselves. Ms. Johnson-Simpson stated she was glad to be in front of the committee and stated that she was there to add anything the committee would like to know. She stated that the agency is dynamic, great, and saves lives. She was proud to continually come back before the committee and request money. The agency continues to do work within the community. Among their services they have a shelter, attorney, counselors, and many programs. Dr. Stream asked what would happen if funding was cut. Ms. Johnson-Simpson stated that it would be difficult to handle any cuts to the shelter. She stated that they are in the process of renegotiating their lease. It is difficult during these economic times and is hard to cut certain programs such as providing shelter. Mr. Pogue asked if the agency had seen an increase in the number of clients due to the economy. Ms. Johnson-Simpson stated that there has been an increase. She stated that with this economy, people that used to be able to find shelter with family and friends now have nowhere to turn because their family support cannot afford to help. She added that increasing populations and new housing developments would also result in an increase in clientele. Page 56 Ms. Metzgar stated that 38% of clients serviced by this agency are City of Denton residents. She asked where the rest of the clients served are located. Ms. Johnson-Simpson stated that other clients are located around Denton County. Less than 10% are located outside the county. Ms. Metzgar asked if cities such as Lewisville and Flower Mound participate in funding. Ms. Johnson-Simpson stated yes all cities with clientele participate in funding. As well they hold fundraising events and work with churches and organizations. Special Programs for Aging Needs (SPAN) Blake Seylhouwer, Board Treasurer introduced himself. He stated that he was interim director and that Linda Leuckel was no longer with SPAN. He stated that SPAN has been around since 1974. In 2009, SPAN delivered 76,000 meals to congregate sites and 350 homebound seniors. He stated the meals served are one-third of seniors' nutritional value. They also provide important hot meals at noon. Dr. Stream asked if they had ties with Our Daily Bread. Mr. Seylhouwer responded that they did not have ties with Our Daily Bread. Ms. Espino stated that Our Daily Bread is a soup kitchen and provides a free meal to those in need, which includes the homeless populations. Mr. Seylhouwer stated that SPAN's main population is low income seniors. He also stated there are other programs run by SPAN such as Paws. Paws provides assistance to seniors with pets by providing food for their animals. He stated the importance of pets to many seniors and how it is a very good service. Megan Stoker asked what other funding sources were utilized by this agency. Mr. Seylhouwer stated that they are funded by many sources such as TXDOT, United Way, and AAA. He stated that City of Denton is their primary funding source. Dr. Stream asked what would happen if funding was cut. Mr. Seylhouwer stated that the important thing to do would be to focus on finding additional sources of revenues instead of cutting funds. They have had to cut 20 seniors within the past 6 months and have placed these individuals on a waiting list in case funding increases. Day Stay for Adults, Inc. Andre Villarreal, Executive Director, and Erica Strain, Associate Director introduced themselves. Mr. Villarreal stated that he had brought in Ms. Strain because she will be taking over the Lewisville site soon. Mr. Villarreal continued with stating more about Day Stay. He said the agency provides respite care for caregivers in order for them to maintain work and healthy functioning. Daycare is provided up to 10 hours Monday-Friday. They are asking for funding to support the health care insurance of the staff. In the beginning there were no benefits for the staff In order to keep morale up they decided it was important to include health insurance. Health insurance is very expensive and they believe they are on the lowest cost plan. Ms. Stoker asked if they receive funding from other sources. Mr. Villarreal stated they receive funding from the cities of Lewisville and Highland Village, United Way, Medicaid services, and private paying clients. He stated that services are provided at $44 a day for 10 hours of service. Clients receive two snacks, one lunch, and care and support from staff. Medicaid reimburses the agency $30 for 10 hours of service or $15 for five hours of service. He stated the agency could not afford to provide services without the help and support of the community. Mr. Villarreal stated they fundraise as well. The Denton Benefit League donated funds for a security system and a surveillance system. Ms. Metzgar asked if there had been more clients in the new facility. Mr. Villarreal stated that it has picked up. He stated that the older population usually comes to the agency for a few months and then transfers over to assisted living units. The younger population stays much longer. Some clients will move to the Lewisville site as they live closer to that location. Page 57 Mr. Pogue stated that the Denton location has 16 clients in Denton. He asked if the Lewisville site will have as many. Mr. Villarreal stated they are guessing based on past enrollment history. Dr. Stream asked if there was any advertising and marketing to obtain clients. Mr. Villarreal stated that there is no budget for marketing, and that a lot of marketing is completed via word of mouth. He said he speaks to many groups, churches, schools, and doctoral programs. He also attends health fairs to market Day Stay. Mary Behrens stated that she thought they did not have a wait list as of present. Mr. Villarreal stated that was correct. The facility is licensed to hold 44 clients but it truly depends on the conditions of the clients and their need for attention. For example people with wheelchairs require more room. RSVP Diana Corona, Executive Director, and Judy Smith, Special Projects Coordinator, introduced themselves. Ms. Corona stated they are asking for $10,000. They have been within the City of Denton for 37 years. Ms. Smith stated they have 1,115 Denton County volunteers who have put in 130,627 hours of service in the community. She stated there has been a 10% increase in volunteers since 2008. The City of Denton has 113 volunteers. They estimate 1.46 million dollars in savings to the areas served. Ms. Corona stated new programs are constantly being developed. For instance, Houston called and wanted RSVP to create a senior medicare patrol. She stated that 20 people are already willing to serve and help with this program. She stated it is seniors helping seniors. Dr. Stream asked if it is personnel expenses that are to be funded and what that was. Ms. Corona stated yes, it is salaries they are asking to be funded. She stated the program was established in the city of Denton. Ms. McDuff stated that many volunteers are from UNT and TWU, as well as social services, who see a need and accomplish a task to fulfill this need. Discussion of Amount of Funding Mr. Pogue stated that at the next meeting the committee will be coming up with numbers for funding. Ms. Espino asked for the committee's evaluation/ranking forms by Tuesday February 23, 2010. Ms. McDuff asked for the amount that the committee was looking at allocating. Mr. Pogue stated there is $141,000 in CDBG funds and a City of Denton ceiling at $119,000, which may end up being smaller. Ms. Metzgar stated she believed Barbara Ross had said $114,000. Mr. Pogue suggested budgeting for $116,000 instead of $119,000 for City of Denton funds. Mr. Pogue asked if the new committee members had any questions about this funding process. Ms. Stoker asked how other committee members decide on funding for all of the agencies. Ms. McDuff stated that she looks at the needs, services provided, and percentage of city of Denton residents served by the agency. Jan Hillman stated she looks to see if the agency is looking elsewhere for funding. Mr. Pogue stated that all are deserving but there is not enough money to fund each agency all of the money they may need. Fred Moore Day Nursery School, Inc. Alonzo Peterson, Executive Director, and Jason Adamson, Board President introduced themselves. Mr. Adamson stated that there have been obstacles for Fred Moore but that they are building a strong board as of present. There were six original board members and now they 14 and 5 have lifetime status. Members include attorneys and CPAs. They are striving for excellence. He stated he is happy to announce Alonzo Peterson, who has been hired as the Executive Director. They are Page 58 currently working on delineating roles. The previous director had been very involved with the kids and this did not fall in line with what was required by the executive director. Mr. Peterson has a lot of non-profit experience, as well as experience in grant writing. They had a board retreat and have accomplished some strategic planning. There is a lot of forethought now. Their biggest hurdles are the economy and the raise in tuition. They are working on grants to repair their facility. Mr. Adamson stated it is in need of updates. They have put in an application with Speedway Charities for capital improvements. They are also completing an application for funds from Rayzor Ranch. Mr. Adamson stated they also want to focus on getting the teachers accredited and raising retention within the organization. They plan on setting up tiers for raises to show the teachers the importance of their role. Mr. Pogue asked if they would explain the $10,000 in write-offs. Mr. Adamson stated that they had been accumulating bad debt due to non-payment of services by clients. They are currently trying to recover from these debts by becoming more proactive. They are looking at a true picture of the cash flow on a normal basis now. Ms. Metzgar asked if this was being done on a monthly basis. Mr. Adamson stated this is being done on a quarterly basis. Mr. Pogue asked if they would discuss the letter from the IRS concerning the filed extension 990. Mr. Adamson stated they did file for an extension. The IRS stated they are looking at it and it is in their hands now. It is something that should have been taken care of earlier. Ms. McDuff stated that United Way had removed Fred Moore's probation status. She asked to hear more about Mr. Peterson's background. Mr. Peterson stated he received a degree in Community Affairs. He worked with Mothers Against Drunk Driving (MADD) for three years and has a Master's Degree from UNT. He also has a Volunteer Management certificate. Mr. Adamson stated they received $17,000 net funds from a previous fundraiser held in December 2009. He is looking forward to this fundraiser becoming an annual event. Communities in Schools of North Texas Courtney Molchan, Director of Research, Development and Grants, and Hilary Taltzko, Board President Elect, introduced themselves. Ms. Molchan stated Communities in Schools services 27 states. She stated there are 28 locations in Texas. The North Texas branch services four counties. Their population served is 90% economically disadvantaged. 40% are Spanish speaking, 6% have parents who are incarcerated, and 5% are homeless. Ms. Molchan stated that city funds would aid in dropout prevention programs. There are 1,100 mentors and donations are given for holiday assistance. They have a social worker that works with the children. This person manages cases and leverages resources. The process for a child is to be referred, assessed and then a plan is developed and implemented. Dr. Stream asked if seniors volunteer as mentors. Ms. Molchan stated they have a partnership with Robson Ranch. Ms. Molchan stated that only 13% of budget is for administrative costs. They want to use the majority of funds for services. Closing Mr. Pogue asked the committee if there were any questions. There were no questions so Mr. Pogue asked for a motion to adjourn. Ms. Stoker made the motion to adjourn. Ms. Metzgar seconded the motion, the meeting was adjourned. Page 59 Unofficial Minutes Human Service Advisory Committee Meeting February 25, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Mari Metzgar and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and asked for any announcements. Alma Espino discussed the revision to the Day Stay for Adults application. Based on reimbursement rules and the amount of tracking that would be required, it was decided that Day Stay should consider revising their request. Day Stay for Adult's application has been revised to reimburse the difference between what Medicaid reimburses and their daily rate. Their private pay rate is $44/day and the Medicaid reimbursement is $29.98/day. The difference is $14.02/day/client. This is how the activity was funded by HSAC in 2008-09. Ms. Espino asked if anyone had any questions or any concerns regarding this revision. There were none. Approval of Minutes from February 18, 2010 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Maria Minerva Villanueva- Simental made a motion to approve the minutes from February 18, 2010. Teddy Griffin seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Ms. Espino provided the committee with a summary of the committee's evaluations that included an average allocation amount. The average was determined by totaling the individual recommendations, per agency, and dividing by nine (9) members. This was provided prior to the meeting and extra copies were made available. Ms. Espino asked if anyone had any questions or if any corrections were noted. The total amount equaled $256,415. Mr. Pogue discussed the amount of funds available for recommendations. Both CDBG and general funds are based on an estimate. General funds are based on a per capita basis which could be as much as $124,746. Mr. Pogue asked the committee how they wanted to discuss the recommendations. Mr. Pogue recommended that each agency be discussed, and the committee member who made the largest and smallest recommendation to explain his or her reasons behind their recommendation. Members agreed that they would review the list of requesting agencies, discuss the amount of funding, and make a recommendation. However, they would be able to go back and make revisions as needed, based on the total budget numbers. Health Services of North Texas (formerly known as AIDS Services of North Texas) Ms. Griffin mentioned that she recommended full funding based on the fact that the request included two organizations. Ms. Behrens stated that she recommended less because the agency was starting to receive additional grants. Ms. Espino noted that some grants are only for specific costs. Mr. Pogue stated that he looked at previous years for ASNT and Peoples Clinic and that the average amount listed would still be a decrease. Megan Stoker stated that by combining the agencies, there would be a savings in costs. Ms. Griffin stated that the agency had mentioned at Page 60 the presentation that they were saving funds, but that the City of Denton funds were still needed. Mr. Pogue added that the staff from People's Clinic would continue to be employed by Health Services. Ms. McDuff noted that fundraisers had to be compared as well; from the ability to complete mega fundraisers to agencies that only have the ability complete small tamale fundraisers. Members agreed to recommend the average of $21,394. Camp Summit Camp Summit was discussed. Ms. Metzgar stated that they meet current needs listed in the Needs Assessment. Only 3% of total persons served will be city of Denton residents. Ms. Hillman stated that they have successful fundraisers and this might be an area to reduce funding. Ms. Stoker stated that the agency only serves 3% of city of Denton residents and even though the agency provides a meaningful service, there are more pressing needs, such as the homeless. Ms. Stoker agreed, but she still preferred to provide some funding. Members agreed to recommend the average of $2,944. Court Appointed Special Advocates (CASA) Ms. Behrens stated that the agency does a great job with fundraisers, but due to their purpose, recommends funding the full amount. Ms. Stoker agreed that they were important, but had moved them down the list for funding when reviewing their goals, which are to increase reserves and create a building maintenance fund. Members agreed to recommend the average of $11,000. Children's Advocacy Center Members discussed the request from the Children's Advocacy Center of Denton County. Ms. Griffin stated that she used to teach and children were important to serve. She also stated that the agency does a great job. Ms. McDuff stated that the agency has mega fundraisers, good resources, and a stellar executive director. She also stated that the funds should come from the "fair share" amount. Members agreed to recommend the average of $9,833. PARD Playground Programs Members discussed both PARD summer playground programs. Ms. Behrens stated that due to fund raising limitations, and not wanting to combine the programs; funding should be provided. Ms. Griffin stated that there were other areas in more need of these funds, so she recommended less. Ms. Villanueva stated that it was a great program and if they are provided any less, then kids would be cut from the program. Ms. Ross explained that the programs were developed as a result of the City receiving CDBG funds. She added that if funding was reduced, the programs would have to serve fewer children. Ms. McDuff stated that the City budget should cover the costs. Mr. Pogue stated that would probably not be possible at this time. Members agreed to recommend the average of $5,944 for each program. Communities In Schools Ms. Villanueva stated that the more she gets involved, the more important she sees that these programs are better for the kids. The parents are getting younger and these types of programs are needed. Members agreed to fund at $5,000. Day Stay for Adults Ms. Villanueva stated that she loved the program and it was near and dear to her heart. This would have been a great program for her grandmother. Dr. Stream stated that the % of seniors versus non seniors was an important item to consider. Mr. Pogue stated that Day Stay for Adults does not simply serve seniors, but adults as well. Ms. Behrens added that based on the application, 25 of the adults were under the age of 65. Mr. Pogue asked if funding based on Page 61 seniors versus non seniors was something the committee wanted to consider. Ms. Hillman stated that based on priorities and needs, childcare was listed as more of a need. Ms. Ross stated that based on current focus groups with Denton County Homeless Coalition and Denton's Assistance Network both agreed that housing and transportation were important needs. Ms. Griffin stated that she was concerned that there was not a waiting list. Ms. Metzgar stated that no else was providing this type of service and believed that the agency should be funded closer to what they asked for. Members agreed to recommend the average of $6,778. Page 62 Denton Christian Preschool Ms. Behrens stated that they had done a great job in cutting expenses. Ms. Villanueva stated that transportation was very important to fund. Transportation includes many different items to consider. Ms. Griffin recommended more funds. Members agreed to recommend the average of $22,056. Denton City County Day School Ms. McDuff stated that child care continues to be a top priority. She recommended the same amount as Fred Moore. Members agreed to recommend the average of $26,222. Denton County Friends of Family Ms. Griffin stated that this was needed today with people losing jobs. She had several parents in her preschool that utilized these services. Ms. Villanueva added that it was a great program to fund. Ms. Behrens stated that she gave them more money due to the needs in the community. Members agreed to recommend the average of $26,111. Family Health Care Ms. Villanueva stated the importance of the program and how they help families and babies at the start. Ms. Hillman stated that if not funded, it would cost the community more money later. Ms. McDuff stated that she had decreased this amount to provide more funds to childcare. Ms. Stoker stated that it is a priority and the agency provides more specific care. Also, the agency is willing to provide services to women with high risk pregnancies. Members agreed to recommend the average of $20,787. Fred Moore Nursery School Fred Moore Nursery School was discussed. Ms. McDuff stated that they have a new executive director, United Way has been working with them, and they are the only infant day care for low income families. Dr. Stream asked if City County and Fred Moore served different racial/ethnic populations. Ms. Ross stated that at the Community Development Advisory Committee meeting, Executive Director of Denton City County Day School, Mr. Garcia, indicated that based on the respective neighborhoods in which they were both located, Fred Moore served a higher percentage of African-American citizens and City County served higher percentage of Hispanic citizens. It is due to the neighborhoods they are located in. Ms. McDuff added that Fred Moore Nursery School was close to the high school. Ms. Espino mentioned that in a previous funding year, the response as to why some daycares do not cover babies was due to the regulations and requirements. Dr. Stream stated that he was impressed with their presentation. HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS) HOPE, Inc. and HMIS were discussed. Members agreed to recommend the average of $21,889 for HOPE Inc. - Transitional Housing and $18,000 for HMIS. Retired Senior Volunteer Program (RSVP) RSVP was discussed. Ms. McDuff stated that Diana Corona is dedicated and the agency continues to expand their services. Ms. Behrens stated that she had seen them in action and they were a great program that benefits the elderly and gives to the community. Ms. McDuff added that they are an umbrella agency that provides services. Members agreed to recommend the average of $7,900. Special Programs for Aging Needs (SPAN) Page 63 SPAN was discussed. Ms. Griffin stated the importance of the program. If this agency did not exist, some seniors would never eat. It is also a source of contact for them. Members agreed to recommend the average of $21,167. Approval: Funding Recommendations Ms. Ross stated that the final CDBG amount should be available soon, but that the general fund amount was determined by City Council. Mr. Pogue asked if the committee wanted to round the figures. Members discussed whether they should reduce the amount. A decision was made to approve the funding and meet again if changes were requested. Ms. Stoker made a motion to approve the funding levels for a total of $256,525 and Ms. Behrens seconded the motion. The members approved the funding recommendations. Discussion and Recommendation of "Fair Share" Funding Support Letter Members agreed to submit a letter in support of "fair share" funding. Ms. Villanueva made a motion to approve submitting a letter of support for "fair share" funding. Dr. Stream moved that the meeting be adjourned. Ms. Griffin seconded the motion. The meeting was adjourned. Future Meetings: A tentative meeting was scheduled for Thursday, April 22, 2010 at 6 p.m. Page 64 ACTION PLAN PUBLIC HEARING MINUTES April 20, 2010 City Council Meeting The following comments were received during the April 20th public hearing: MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2010 through May 3, 2010 The following comments were received during the 30-day comment period: No comments have been received to date. Page 65 APPENDIX #1 - #3 SF424 Applications Page 66 SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted Applicant Identifier 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B _Organizational DUNS 07-138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PLANNING & DEVELOPMENT ZIP 76201 Countr U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number EIN : Count DENTON 5-6000514 Program Year Start Date (MM/DD) 08/01/10 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type U.S. Department o Pro ram Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers: Descriptive Title of Applicant Project(s): Areas Affected by Project(s) (cities. Counties. localities etc.): Estimated Funding Community Development Block Grant 14218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation. minor repair. public facility Denton. Texas improvements. provision of public services. homeownership assistance. and program administration. CDBG Grant Amount Additional HUD Grant(s) Leveraged Describe 975.447 Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income Other (Describe) 14.000 Total Funds Leveraged for CDBG-based Project(s) Page 67 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition. rehab and homeownership Denton. Texas assistance. tenant based rental assistance and program administration $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $578.028 $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $40.000 Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected b ESG Pro ect(s) $ESG Grant Amount Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Con ressional Districts of Is application subject to review by state Executive Order Applicant Districts 26 Project Districts 26 12372 Process? Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the "Yes" please include an additional document state EO 12372 process for review on DATE explaining the situation. ❑ No Program is not covered b EO 12372 ❑ Yes ❑ No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753 eMail bross a@cityofdenton.com Grantee Website - www.cityofdenton.com Other Contact Signature of Authorized Representative - George C. Campbell. City Manager Date Signed Page 68 APPENDIX #4 Certifications Page 69 LOCAL GOVERNMENT CERTIFICATIONS FOR CDBG AND HOME PROGRAMS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the .jurisdiction certifies that: Affirmatively Further Fair Housing The .jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the .jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and speciA ing the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activitv the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 70 Anti-Lobbying To the best of the .jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to anv person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable) and the .jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 71 Specific CDBG Certifications The Entitlement Communitv certifies that: Citizen Participation It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and communitv development plan identifies communitv development and housing needs and specifies both short-term and long-term communitv development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds It has complied with the following criteria: Magnum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The Jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 72 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its .jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24, Compliance with Laws It will comply with applicable laws. Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number Page 73 Specific HOME Certifications The HOME participating .jurisdiction certifies that: Tenant Based Rental Assistance If the participating .jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating .jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number Page 74 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identifi- the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City Count State Zip Communitv Development 601 E. Hickory, Denton Denton TX 76205 Department Suite B Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) Page 75 and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibilitv to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 76 APPENDIX #5 Annual Housing Goals Page 77 Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used dorin!a the period Number of Units Number of Units Program Year: To Be Completed Completed CDBG HOME ESG HOPWA IiE. EFIC'I.-1 R1" 6'0.AL,S (Sec. 2I5 Onlr) Homeless households ❑ ❑ ❑ ❑ Non-homeless households 69 ® ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* 69 ® ® ❑ ❑ RE.VLAL 6'0.-1LS (Sec. 2I5 Onlr) Acquisition of existing units ❑ ❑ ❑ Production of new omits ❑ ❑ ❑ Rehabilitation of existing units 2 ® ❑ ❑ ❑ Rental Assistance 2 ❑ ® ❑ Total Sec. 215 Affordable Rental 4 ® ® ❑ ❑ HOME OWNER GOALS (Sec. 2I5 Onlr) Acquisition of existing units ❑ ❑ Production of new omits 3 ❑ Rehabilitation of existing units 39 Homebuyer Assistance 23 ® ® ❑ Total Sec. 215 Affordable Owner 65 ® ® ❑ ❑ COMBINED RE;VLAL :-1ND O!1 IVER GOALS (Sec. ?Ij Only) Acquisition of existing units ❑ ❑ ❑ Production of new omits 3 ❑ ® ❑ Rehabilitation of existing units 41 ® ® ❑ ❑ Rental Assistance 2 ❑ ® ❑ Homebuyer Assistance 23 ® ® ❑ Combined Total Sec. 215 Goals* 69 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housio-) Aiumal Rental Housing Goal 4 ® ® ❑ ❑ Anntual Owner Housing Goal 65 ® ® ❑ ❑ Total Overall Housing Goal 69 ® ® ❑ ❑ Page 78 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Finance ACM: Jon Fortune! SUBJECT Receive a report, hold a discussion, and give staff direction regarding the upcoming General Obligation, Certificates of Obligation, and Utility System Revenue Bond debt issuance. BACKGROUND After discussing the details for this year's scheduled bond sale with the Audit/Finance Committee on April 5, 2010, staff is proposing the issuance of General Obligation Bonds (GO) and Certificates of Obligation (CO), as well as the refunding of existing Utility System Revenue Bond debt. Tonight, staff plans to present to the City Council an ordinance directing the publication of a notice of intention to issue CO debt on June 15, 2010. The GO funded projects represent the projects approved by the voters in the 2005 Bond Election. The FY 2009-10 Adopted Capital Improvement Program (CIP) totaled $10,334,000. However, in order to accommodate project scheduling and other delays, staff is only recommending the issuance of $4,115,000. The delayed projects will be budgeted in the FY 2010-11 CIP. Below is a listing of GO funded projects for FY 2009-10: 1. Intersection Signalization - $ 290,000 2. Residential Streets - $2,000,000 3. Miscellaneous Roadways - $ 230,000 4. Sidewalk Installations - $ 260,000 5. Downtown - Walnut, Pecan, Austin - $ 975,000 6. Soccer Fields - $ 90,000 7. Prairie/Robertson Rail Trail Bridge - $ 270,000 Staff anticipates the sale of $2,880,000 in COs for General Government, which is less than originally intended in the 2009-10 CIP. The decrease is due to a reduction in the number of vehicles requiring replacement and the elimination of the fuel facility (island) project, which has since received other funding sources. Below is a listing of CO funded projects for General Government's 2009-10 CIP: 1. JDEdwards System Enhancements - $ 250,000 2. Vehicle Replacements - $1,580,000 3. Municipal Court Software - $ 300 000 4. Facility Maintenance Program - $ 750,000 Agenda Information Sheet April 20, 2010 Page 2 Staff anticipates the sale of $8,690,000 in COs for Solid Waste projects. Below is a listing of CO funded projects for Solid Waste's 2009-10 CIP: 1. All Terrain Off-Road Vehicle - $ 24,000 2. Appliance Truck - $ 70,000 3. Automated Side Load Truck - $ 258,000 4. Commercial Container Equipment/Maintenance - $ 355,000 5. Fork Lift - $ 80,000 6. Front Load Truck - $ 258,000 7. Ground Water Wells - $ 110,000 8. Home Chemical Building Improvements - $ 65,000 9. Integrated Waste Management System - $1,800,000 10. Knucleboom Truck - $ 97,000 11. Landfill Expansion - $1,500,000 12. Landfill Improvements - $ 260,000 13. Landfill Security - $ 160,000 14. Landfill Security Fence/Wall - $ 650,000 15. Landfill Software & Upgrades - $ 150,000 16. Leachate Recirculation - $ 70,000 17. LFG Line Construction - $ 50,000 18. Mechanical Processing Equipment - $ 450,000 19. Rear Load Truck - $ 230,000 20. Recycling Cart Replacements - $ 100,000 21. Recycling Commercial Containers - $ 155,000 22. Recycling Facility Upgrades - $ 16,000 23. Residential Container Equipment/Assembly - $ 115,000 24. Residential Container Equipment/Maintenance - $ 92,000 25. Roll Off Truck with Hoise - $ 170,000 26. Security-Buildings & Parking Lots - $ 40,000 27. Slope Mower - $ 120,000 28. Solid Waste Equipment - $ 100,000 29. Solid Waste Equipment & Tire Wash - $ 450,000 30. Solid Waste Equipment/Rebuilds - $ 510,000 31. Solid Waste Management Planning - $ 110,000 32. Turf Mower - $ 25,000 33. Waste to Energy Pilot - $ 50,000 Staff anticipates the sale of $51,540,000 in utility system debt for Electric, Water and Wastewater projects. Below is a listing of utility system debt funded projects for the 2009-10 CIP: 1. Lewisville Water Treatment Plant Rehabilitation - $13,000,000 2. Wet Weather Peak Flow Station (Wastewater) - $ 850,000 3. Hickory Creek Lift Station (Wastewater) - $ 125,000 4. McKinney Street Util. Relocate (Wastewater) - $ 275,000 5. Pecan Creek Interceptor III Design (Wastewater) - $ 520,000 6. Pecan Creek Interceptor IV Design (Wastewater) - $ 380,000 7. Barrow Lift Station (Wastewater) - $ 350,000 Agenda Information Sheet April 20, 2010 Page 3 8. Hwy 380 West (Wastewater) - $ 1,500,000 9. Effluent Reuse (Wastewater) - $ 25,000 10. Rehab of Pump Station #2 (Wastewater) - $ 275,000 11. Oversize Projects (Wastewater) - $ 200,000 12. Automated Meter Reading (Electric) - $ 1,090,000 13. Building Construction (Electric) - $ 2,719,000 14. Communications Equipment (Electric) - $ 897,000 15. Distribution Transformers (Electric) - $ 316,000 16. Feeder Extension & Improvements (Electric) - $ 6,330,000 17. New Residential & Commercial Lines (Electric) - $ 2,575,000 18. Distribution Substation (Electric) - $ 7,759,000 19. Transmission Lines (Electric) - $ 6,280,000 20. Transmission Substations (Electric) - $ 4,920,000 21. Meters (Electric) - $ 363,000 22. Office Furniture & Equipment (Electric) - $ 75,000 23. Over/Under Conversions (Electric) - $ 230,000 24. Street Lights (Electric) - $ 421,000 25. Tools & Shop Equipment (Electric) - $ 65,000 The following represents the total amount of GO, CO & Utility System debt to be issued for the 2009-10 CIP: PROPOSED 2009-10 CIP General Obligation Bonds - $ 4,115,000 Certificates of Obligation - General Fund $ 2,880,000 Certificates of Obligation - Solid Waste $ 8,690,000 Utility System Debt - Electric Fund $34,040,000 Utility System Debt - Water Fund $13,000,000 Utility System Debt - Wastewater Fund $ 4,500,000 Total $67,225,000 Typically, debt associated with the utility system has been sold as revenue bonds. These bonds have a lower underlying credit rating (A1/A+) than GO bonds, and as a result, cost more to issue. To counteract this issue, revenue bonds have been sold with bond insurance to reduce the interest cost. However, as a result of the recent financial crisis, bond insurance is now difficult to acquire at a reasonable cost or even at all. As part of our efforts to review departmental operations for savings, staff has considered alternative methods to issue Utility System debt at a more reasonable cost. Instead of issuing typical Utility System Revenue Bonds, it is possible to issue COs at a substantial savings. This is due to a higher overall credit rating (Aa3/AA) of the City and the elimination of a bond reserve requirement. As reflected in the attached utility system financing analysis (Exhibit 1), it is estimated that a potential savings of $1,594,400 could be realized if COs were issued rather than revenue bonds for the proposed utility system debt. If the debt is issued in this manner, the debt will be guaranteed by the full faith and credit of the City, not just the utility system revenues. Agenda Information Sheet April 20, 2010 Page 4 In addition to the above mentioned bond sale, staff is also recommending that a bond refunding be considered for existing utility system revenue bonds. If the City issues Utility System Revenue Refunding Bonds, the City would only be able to refund $13.315 million of previously issued debt. Refunding the bonds in this manner would generate $524,797.97 in savings over the remaining life of the debt. However, if the City were to issue General Obligation Refunding and Improvement Bonds, in conjunction with the $4.115 million in voter approved GOs, instead of Utility System Revenue Refunding Bonds, approximately $40.885 million of previously issued debt could be refunded at a savings of $6,452,467.55 over the remaining life of the debt. As a result of the higher overall credit rating of the City, and consequently, the lower interest rate environment, General Obligation Refunding and Improvement Bonds make it more economical to refund a broader universe of debt. Another advantage is that General Obligation Refunding and Improvement Bonds do not have a debt service reserve requirement, which would normally be a component of issuance costs on Utility System Refunding Bonds. Below is a summary of the existing Utility System debt that staff proposes to refund with General Obligation Refunding and Improvement: PROPOSED REFUNDING 1998 Rev (Electric) - $ 170,000 1998 Rev (Wastewater) - $ 190,000 1998A Rev Ref - $ 1,015,000 1998B Rev (Water) - $ 365,000 1998B Rev (Electric) - $ 560,000 1998B Rev (Wastewater) - $ 675,000 2000A Rev (Water) - $ 2,405,000 2000A Rev (Electric) - $ 1,020,000 2000A Rev (Wastewater) - $ 1,985,000 2002A Rev (Electric) - $ 4,910,000 2002A Rev (Water) - $17,785,000 2002A Rev (Wastewater) - $ 9,805,000 Staff has discussed the possibility of issuing the bonds in this manner with our Bond Counsel and City Attorney. According to our legal staff, the City has the authority to issue the debt in this fashion. In addition, our Financial Advisor has been consulted and no adverse impact to the City has been identified. If directed to move forward with the bond issuance by the City Council, staff will proceed with tonight's presentment of the Notice of Intention Ordinance and will schedule for the consideration and adoption of a Bond Ordinance on June 15, 2010. The closing and delivery of funds would be planned for July 10, 2010. Staff will also plan to present the details of this bond sale to the Public Utility Board on April 26, 2010. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 5, 2010, the Audit/Finance Committee unanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. Since meeting with the Audit/Finance Committee, staff has made the following changes to the planned bond sale: reduced the amount of GO funded residential street projects by $1.19 million, eliminated the Agenda Information Sheet April 20, 2010 Page 5 $80,000 CO funded transporter project for Solid Waste and updated the utility debt refunding. Changes in the utility debt refunding include the refunding of an additional $570,000 in existing utility debt and an increase in projected savings primarily due to updated fund balance amounts in the City's debt service reserve fund. EXHIBITS 1. Utility System Financing Analysis 2. Summary of Cities Using Revenue Supported Debt 3. Preliminary Schedule -Certificates of Obligation Series 2010 4. Utility System Refunding Comparisons 5. PowerPoint Presentation Respectfully submitted: Bryan Langley Director of Finance O O N N N_ t ~ X W M M M M M O N O O N O O O LO N19t I-- co O O M O O O r- M O LO O O N N- LO 0 M O M O U O M M M O O O O O Lr Lr I-O 00 - N O M~~ l a (O N (O O N M M I- O N 00 E N O (O O M O N- N N- N O O N N O O N N N N N N N N N N N N N N N N N N N LO _ N D ~ O U N L y-+ L p 0 M M M M M M O~~ '..t I-- N M M O M M M Or- a m O M M M M M O M~ O O~ ~ O M O M M N ~ I~ M N 0 O ~ O M LO I-- LO M N LC') 0-- (O Q Lo O Or- O C N- Lo O Lo O O O CF)- 6 6 q~i O y O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O co co O O co co O O co co O O O co O co co co co O co 0 Q CO o M M M M M M M M M M M M M M M M M M M M I~ CD O CD_ Q Q o I- LO = co C co E N. 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N N D o a O C N a 4- W N M I LO 0 I-- M O O ~ N M-t LO 0 I-- M O O S U~ ~ p N N N N N N N N N N M LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (2) o N N N N N N N N N N N N N N N N N N N N> Cn 0 (2) U m a~ LL O O V~ O N ~ O ~ ~ o U ~ a, M V"l ~ ~ o l~ ~O N ~O N 01 ~O l~ cz r3 ~ O 00 M ~O ~ M M N l~ N cz m N ~ 69 69 69 L X W 0 O O O ~ ~O O O O ~n cz o N ~ 01 V'l ~ ~ O M M M 69 69 69 O M M v7 O N E 00 N ~ O O ~ M ~ O O al ~ ~ N ° 00 O ~ ~ 01 ~ l~ 01 M v7 ~ ~ ~ ~ N O ~ N U + ~ 00 ~ Ol M ~ M V"1 ~ N 01 M ~ ~ a1 O O r" 69 69 69 H 0 W p ~ O O ~ ~ M O O ~n _~O ~ 01 M M N ~ o M ~y AN M ~ ~ ON1~ ~ M N N N °o a ~ ~ M W s9 s9 s9 O M N O * M 00 ON M O o m W cz N m M~ 01 N ~ N c o ~A o N N ooNNCD O oc o O oc ' N ' M M O O C1 ~.ry O M 00 O O O O l V7 01 N M o0 N V7 V7 M 00 bb I-I ~ O V7 O ~ ~ 01 ~ N ~ O M ~ o W U l N O 01 00 00 l o '5 o0 o0 ~O M r-i t N 01 't oc C) G. w o N o c~ ~ °o CA N O n O O 4 a O N M O ~ ~ oc a1 c H O m o0 N l 7- ~ O ~n N N O~ O ~ o a Y ~ U Y cz H U O YO O Y w O c cz Q N H N C 0 b b 4 N U '"a) Q w y.., ~O O z a) by O cz O 7N Y O N U O CC Y U U Q-I Y V V U Sti N Y O 0 0 ~QU~OwH~WQ~w~ar~w Q Q~ 10091-MM Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Total Issue Sources And Uses Part 1 ot2 Dated 05/01/2010 1 Delivered 05/01/2010 General General General Govt Govt 10 Govt 20 Solid Waste Solid Waste 5 Year Year Year 5 Year 10 Year Sources Of Funds Par Amount of Bonds $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,730,000.00 Total Sources $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,750,000.00 Uses Of Funds Total 1Jn ercvrrter's Discount 0.700 o) 11,200.00 3,885.00 5,285.00 20, 50.00 19,460.00 Costs of Issuance 5,265.94 1,327.66 2,436.23 9,631.67 9,154.77 Deposit to Project Construction Fund 1,580,000.00 550,000.00 70,000„00 2,909,000.00 2,75~ 0,000.00 Rounding Amount 3,531.06 (712.66) (2,771.2S) 733.33 1,385.23 Total Uses $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,750,000.00 File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM 10091-MM Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Total Issue Sources And Uses Part 2 of 2 Dated 05/01/2010 1 Delivered 05/01/2010 Solid Waste Water Wastewater Electric Issue 20 Year Supported Supported Supported Summary Sources Of Funds Par Amount of Bonds $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 Total Sources $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 Uses Of Funds Total 1Jn ercvrrter's Discount 0.700 o) 21,455.00 91,94 .00 31,31 .00 240,76 .00 446,390.00 Costs of Issuance 10,093.30 43,254.67 14,967.07 113,265 210,000.00 Deposit to Project Construction Fund 3,031,000.00 13,000,000.00 4,500,000.00 34,040,000.00 63,11 ~ 0,000.00 Rounding Amount 2,451.70 (199.67) (1,732.07) 969.36 3,610.00 Total Uses $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM IMMUM-EM Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 09/30/2011 2,145,000.00 4.350% 3,523,717.53 5,673,717.53 09/30/2012 3,065,000.00 4.350% 2,614,023.75 5,679,023.75 09/30/2013 3,200,000.00 4.350% 2,477,760.00 5,677,760.00 09 3012014 3,335,000.00 4.350% 2,335,623.75 5,670,623.75 09 30 2015 3,490,000.00 4350° 0 2,137,130.00 5,677,130.00 09/30/2016 2,595,000.00 4.350% 2,054,331.25 4,649,331.25 09 3012017 2,715,000.00 4.350% 1,939,333.75 4,654,333.75 09/30 2013 2,330,000.00 4.350% 1,313,735.00 4,643,735.00 0(/30 -()19 2,960,000.00 4.350% 1,692,302.50 4,652,302.50 09 ',0 2020 3,090,000.00 4.350%0 1,561,215.00 4,651,215.00 09/30 2021 2,305,000.00 4.350% 1,432,993.75 4,237,993.75 09302022 2,925,000.00 4.350% 1,303,371.25 4,233,371.25 09/30/2023 3,055,000.00 4.350% 1,173,306.25 4,233,306.25 09 3012024 3,195,000.00 4.350% 1,042,363.75 4,237,363.75 09 30 2025 3,335,000.00 4.30 °0 900,341.25 4,235,341.25 09/30/2026 3,435,000.00 4.350% 752,006.25 4,237,006.25 09/30/2027 3,640,000.00 4.350% 597,037.50 4,237,037.50 09/30 2023 3,305,000.00 4.350% 435,103.75 4,240,103.75 00/30 'm0 3,960,000.00 4.350% 266,220.00 4,226,220.00 09 30 2030 4,140,000.00 4350°0 90,045.00. 4,230,045.00 Total $63,770,000.00 $30,213,031.33 $93,953,031.33 Yield Statistics Bond Year Dollars $694,552.44 Average Life 10.392 Year,,, Average Coup°n 435000000o Net Interest Cost NIC) 4.41427020o True Interest Cost (TIC) 4.43337620o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (_aIC) 4.47435600o IRS Form 8038 Net Interest Cost 4.35000000o 'v Bighted Average Maturity 10.392 Years File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM I Preliminary $1,600,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 5 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 27,000.00 4.30% 83,725.42 358,725.42 09/30/2012 310,000.00 4.30% 50,895.00 360,895.00 0930 2013 32,000.00 430°o 37,083.7 362,083.7 09 30 2014 33,000.00 4.30°o 22,728.7 357,728.75 0930201 355,000.00 4.30°0 7,721.25 362,721.2 Total $1,600,000.00 $202,154.17 $1,802,154.17 Yield Statistics Bond Ycar Dollars ".647.22 905 Ali ra,~ ,upon 4.3;00001°o Net Interest Cost (NIC) 4.9100430o True Interest Cost (TIC') 4.6057766% Bond Yield for \rhiu.r,~ Purposes 4 All Inclusi\,~ C,,sl . \1(.'. 4.7306997"0 IRS Form 8038 Net Interest Cost 4.3000010o 'vA-eighted average Maturity 2.905 Years File I Denton GO working file.SF 1 2010 CO 1 4/ 8/2010 1 4:17 PM 11 -I Preliminary $555,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 10 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 40,000.00 4.30% 30,247.00 70,247.00 09/30/2012 50,000.00 4.30% 21,315.00 71,315.00 09 30 2013 50,000.00 4.30°o 19,140.00 69,140.00 09 30 2014 50,000.00 430°o 16,965.00 66,965.00 09 30 201 55,000.00 430,0 14,681.28 69,681.2 09/30/2016 55,000.00 4.30% 12,288.7 67,288.7 09/30/2017 60,000.00 4.30% 9,787. 50 69,787. 50 09 30 2018 60,000.00 4.30°o 7,177.0 67,177.0 0930 2019 6,000.00 4.30°o 4,458.75 69,458.75 09 30 2020 70,000.00 4350oo 1,522.50 71,522.50 Total $555,000.00 $137,583.25 $692,583.25 Yield Statistics Bond 1 car Dollars $3,162.83 1 r I il~ 5.699 Year", Av cra,,~ oupun 4.35000000o Net Interest Cost NIC) 4.47281^9% True Interest Cost (TIC') 4.490' 1440 Bond field for lrhitra>c Purposes 4 34'44-0' all Inclusive Cost (h 4.55868990o IRS Form 8038 Net Interest Cost 4.3000000o 'vA-eighted average Maturity 5.699 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM .I.. a Preliminary $755,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 20 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 1,000.00 4.30% 42,004.03 57,004.03 09 30 2012 2,000.00 4.30°o 31,646.2 56,646.25 09/30/2013 25,000.00 4.3 0% 30,558.75 55,558.75 0930 2014 30,000.00 4.30°o 29,362.0 59,362.50 09 30 201 30,000.00 4.350oo 28,057.50 58,057.50 0930 2016 30,000.00 4.30°o 26,752.50 56,752.50 0930 2017 30,000.00 4.30°o 25,447.50 55,447.50 09 30 2013 3,000.00 4.30°o 24,033.7 59,033.75 0930 2019 35,000.00 4.30° o 22,E 11.2 57,511.2 09 30 2020 3,000.00 4.350oo 20,933.78 55,933.75 0930 2021 40,000.00 4380°o 19,387.80 89,387.80 0930 2022 40,000.00 4380°o 17,617.80 87,617.80 09/30/2023 40,000.00 4.380% 18,377.80 88,377.80 09/30/2024 48,000.00 4.380% 14,023.78 89,023.78 09 30 2028 48,000.00 438000 12,071.28 87,071.28 09 30 2026 48,000.00 4380°o 10,113.78 88,113.78 09/30/2027 80,000.00 4.380% 3,047.80 83,047.80 09/30/2023 80,000.00 4.380% 8,372.80 88,372.80 09/30/2029 88,000.00 4.380% 3,833.78 83,833.78 09 30 2030 88,000.00 438000 1,196.28 86,196.28 Total $755,000.00 $359,134.08 $1,144,134.08 Yield Statistics Bond Year Dollars $3,948.61 Average Life 11.343 Year,,, Average Coupon 4.35000000o Net Interest Cost NIC) 4.40907920o True Interest Cost (TIC) 4.42773840o Bond Yield for Arbitrage Pu poo,es 4.34744760o all Inclusive Cost (AIC) 4.46870190o IRS Form 8038 Net Interest Cost 4.38000000o 'vA- eighted Average Maturity 11.343 Years File Denton GO working file.SF 2010 CO 4/ 8/2010 4:17 PM Preliminary $2,940,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 5 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09 302011 10,000.00 4.30° o 153,743.50 663,743.50 09/30/2012 570,000.00 4.30% 93,307.0 663,307.0 09/30/2013 595,000.00 4.30% 67,968.7 662,968.7 0930 2014 620,000.00 4.30°o 41,542.50 661,542.50 09 30 201 64,000.00 4350oo 14,028.78. 659,028.75 Total $2,940,000.00 $370,591.00 $3,310,591.00 Yield Statistics Bond Ycar Dollars $8. 1933 , 908 Ali ra,~ ,upon 4.3';000000o Net Interest Cost (NIC) 4.59156820o True Interest Cost (TIC') 4.606346500 Bond Yield for \rhiu.r,~ Purposes 4 ;4-44-r All Inclusi usr\cC,,dli A1Ci 4.73154V". IRS Form 8038 Net Interest Cost 4.3000000o 'v eighted Average Maturity 2.898 Years File I Denton GO working file.SF 1 2010 CO 1 4/ 8/2010 1 4:17 PM 11 -I Preliminary $2,780,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 10 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09 302011 19,000.00 4.30°o 151,624.08 346,624.08 09/30/2012 240,000.00 4.30% 107,227. 50 347,227. 50 09/30/2013 20,000.00 4.30% 96,570.00 346,570.00 09 30 2014 260,000.00 430°o 85,477.50 345,477.50 09 30 201 27,000.00 •430°0 73,841.28. 348,841.2 09/30/2016 28,000.00 4.30% 61,661.2 346,661.2 09/30/2017 300,000.00 4.30% 48,937. 50 348,937. 50 09/30/2018 310,000.00 4.30% 3,670.00 34,670.00 09/30/2019 32,000.00 4.30% 21,858.75 346,858.75 09 30 2020 340,000.00 •430°0 7,395.00 347,395.00 Total $2,780,000.00 $690,262.83 $3,470,262.83 Yield Statistics Bond 1 car Dollars $1,868.11 ; 708} :us _ vora,,~ ~oupun 43~000U~~"o Net Interest Cost NIC) 4.472639% True Interest Cost (TIC') 4.48993720o Bond field for \rhitra>c Purposes 434744760o all Inclusive Cost \lt i 4.5,. ~5 582755% IRS Form 8038 Net Interest Cost 4.3000000o 'v eighted average Maturity 5.708 Years File Denton GO working file.SF 2010 CO 4/ 8/2010 4:17 PM A IMMUM-EM Preliminary $3,065,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 20 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09 30 2011 60,000.00 4.30° o 170,539.33 230,539.33 09 30 2012 10,000.00 4.30° o 128,433.7 233,433.7 09/30/2013 110,000.00 4.30% 123,757.50 233,757.50 09 30 2014 11,000.00 4.30°o 118,863.7 233,863.7 09 30 201 120,000.00 4.30°. 113,752.50 23 3,752.50 09/30/2016 12,000.00 4.30% 108,423.7 233,423.7 09/30/2017 130,000.00 4.30% 102,877. 50 232, 877. 50 09/30 2018 13,000.00 4.30% 97,113.7 232,113.7 0(/30 -()19 140,000.00 4.30% 91,132.0 231,132.0 09 ;0 2020 14 ,000..00 4.3 0°0 84,933.75 229,933.7 09/30 2021 155,000.00 4.30% 78,408.7 233,408.7 09/30 2022 160,000.00 4.30% 71,E 57. 50 231, 557. 50 09/30/2023 16,000.00 4.30% 64,488.7 229,488.7 09/30/2024 17,000.00 4.30% 57,093.75 232,093.7 09 30 202 18,000.00 4.30° 0 49,263.7 234,263.75 09/30/2026 190,000.00 4.30% 41,107. 50 231,107. 50 09/30/2027 200,000.00 4.30% 32,625.00 232,625.00 09/30 2028 210,000.00 4.30% 23,707.0 233,707.0 00/30 'm0 21,000.00 4.30% 14,463.7 229,463.7 09 30 2030 225,000..00 4.3 0°0 4,893.7 229,893.7 Total $3,065,000.00 $1,577,438.08 $4,642,438.08 Yield Statistics Bond Year Dollars $36,262.94 Average Life 11.831 Year,,, Average Coup°n 43000000o Net Interest Cost NIC) 4.40916 10 o True Interest Cost (TIC) 4.4278240o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (AIC) 4.46587650o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.831 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I Preliminary $13,135,000 City of Denton, Texas Certificates of Obligation, Series 2010 Water Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 26,000.00 4.30% 730,671.92 99,671.92 09/30/2012 44,000.00 4.30% 50,166.25 995,166.25 09 30 2013 46,000.00 4.30°o 530,373.75 995,373.75 09 30 2014 48,000.00 4.30°o 509,711.25 994,711.2 09 30 201 505,000 4.350oo 488,178.78 993,178.7 09/30/2016 530,000.00 4.30% 46,667. 50 99,667. 50 09/30/2017 555,000.00 4.30% 442,068.7 997,068.7 09/30 2018 575,000.00 4.30% 417,491.2 992,491.2 0(/30 -()19 60,000.00 4.30% 391,826.2 996,826.2 09 ;0 2020 630,000.00 4.350oo 364,96.00. 994,965.00 09/30 2021 660,000.00 4.30% 336,907.0 996,907.0 09/302022 68,000.00 4.30% 307,653.75 992,653.75 09/30/2023 720,000.00 4.30% 277,095.00 997,095.00 09/30/2024 70,000.00 4.30% 24,122. 50 99,122. 50 09 30202 78,000.00 4.30°. 0 211,736.28 99 6,736.2 09/30/2026 820,000.00 4.30% 176,827. 50 996, 827. 50 09/30/2027 855,000.00 4.30% 140,396.2 995,396.25 09/30 2028 89,000.00 4.30% 102,333.7 997,333.7 00/30 'm0 930,000.00 4.30% 62,640.00 992,640.00 09 30 2030 97 ,000.00 4.3 0°. 0 21,206.25 996,206.25 6,206.2 Total $13,135,000.00 $6,773,039.42 $19,908,039.42 Yield Statistics Bond Year Dollars $155,702.06 Average Life 11.84 Year,,, Average Coupon 4.35000000o Net Interest Cost NIC) 4.4090190o True Interest Cost (TIC) 4.42772760o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (AIC) 4.4669060o IRS Form 8038 Net Interest Cost 4.3000000o 'v eighted Average Maturity 11.854 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I IMMUM-EM Preliminary $4,545,000 City of Denton, Texas Certificates of Obligation, Series 2010 Wastewater Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 90,000.00 4.30% 252,865. 50 342, 865. 50 09/30/2012 155,000.00 4.30% 190,421.2 345,421.25 09/30/2013 160,000.00 4.30% 183,570.00 343,570.00 09 30 2014 170,000.00 4.30°o 176,392.0 346,392.0 09 30 201 17,000.00 •4.30°0 168,888.7 343,888.7 09/30/2016 18,000.00 4.30% 161,058.75 346,058.75 09/30/2017 190,000.00 4.30% 152,902.50 342,902. 50 09/30 2018 200,000.00 4.30% 144,420.00 344,420.00 0(/30 -()19 210,000.00 4.30% 135,502.50 345,502.50 09 ',0 2020 220,000.00 4.35 0° 0 126,150.00 346,150.00 09/30 2021 22,000.00 4.30% 116,471.2 341,471.2 09/30 2022 240,000.00 4.30% 106,357.50 346,357.50 09/30/2023 20,000.00 4.30% 9,700.00 34,700.00 09 30 2024 260,000.00 430°o 84,607.0 344,607.0 09 30 202 270,000.00 •430°0 73,080.00 343,080.00 09/30/2026 28,000.00 4.30% 61,008.7 346,008.7 09 30 2027 29,000.00 430°o 48,393.7 343,393.7 09/30 2028 310,000.00 4.30% 35,235.00 345,235.00 00/30 'm0 320,000.00 4.30% 21,532.50 341,532.50 09 30 2030 335,000..00 4.30°0 7,286.2 342,286.2 Total $4,545,000.00 $2,341,844.25 $6,886,844.25 Yield Statistics Bond Year Dollars $53,835.50 Average Life 11.84 Year,,, Average Coup°n 435000000o Net Interest Cost NIC) 4.40909670o True Interest Cost (TIC) 4.42776960o Bond Yield for Arbitrage Pu pa,es 4.347447600 All Inclusive Cost (AIC) 4.46575300o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.84 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I 10091-MM Preliminary $34,395,000 City of Denton, Texas Certificates of Obligation, Series 2010 Electric Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - 09/30i2011 69,000.00 4.30% 1,913,296.7 2,603,296.7 09/30/2012 1,165,000.00 4.30% 1,440,611.2 2,605,611.25 09/30/2013 1,220,000.00 4.30% 1,333,737.0 2,603,737.0 09 3012014 1,270,000.00 4.30% 1,334,580.00 2,604,580.00 09 30 201 1,330,000.00 4.30°0 1,273,030.00 2,603,030.00 09/30/2016 1,33,000.00 4.30% 1,213,973.7 2,603,973.7 09/30/2017 1,450,000.00 4.30% 1,157,317.50 2,607,317. 50 09/30 2013 1,515,000.00 4.30% 1,092,323.7 2,607,323.7 0(/30 -()19 1,580,000.00 4.30% 1,025,512.50 2,605,512.50 09 ',0 2020 1,6 0,000.00 4.3 0%0 955,260.00 2,605,260.00 09/30 2021 1,72 ,000.00 4.3 0% 331,853.7 2,606,853.7 09/30 2022 1,300,000.00 4.3 0% 80,185.00 2,605,185.00 09/30/2023 1,330,000.00 4.30% 725,145.00 2,605,145.00 09/30/2024 1,965,000.00 4.30% 641,516.25 2,606,516.25 09 30 202 2,050,000.00 430°0 554,190.00 2,604,190.00 09 3012026 2,145,000.00 4.30% 462,943.7 2,607,943.7 09/30/2027 2,240,000.00 4.30% 367,575.00 2,607,575.00 09/30 2023 2,340,000.00 4.30% 267,960.00 2,607,960.00 00/30 'm0 2,440,000.00 4.30% 163,995.00 2,603,995.00 09 30 2030 2,550,000.00 4.3 0°0 55,462.50 2,60 5,462.50 Total $34,395,000.00 $17,730,954.25 $52,125,954.25 Yield Statistics Bond Year Dollars $407,603.33 Average Life 11.31 Year,,, Average Coup°n 43000000o Net Interest Cost NIC) 4.40906770o True Interest Cost (TIC) 4.42774610o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (_aIC) 4.4671310o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.851 Years File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM I Preliminary $14,090,000 City of Denton, Texas Utility System Revenue Refunding Bonds, Series 2010 (A 1/A+ Uninsured rates as of 3/25/2010) Debt Service Comparison Date Total P+I Existing DIS Net New DIS Old Net DIS Savings 09/30/2010 - 941,162.1 941,162.1 941,162.1 - 09,/30i2011 621,127.61 3,334,92 .02 9,006,0 2.63 9,081,152.52 75,099.89 09/30/2012 3,477,906.26 4,120,431.26 7,598,337.52 7,67 ,301.26 76,963.74 09/30/2013 3,433,906.26 4,111,67 .00 7,595,581.26 7,663,300.00 73,213.74 09 3012014 632,356.26 4,104,675.00 4,737,031.26 4,312,037.0 7,006.24 09 30 201 637,990.63 4,114,663.7 4,752,659.38 4,824,781.25 72,121.37 09/30/2016 3,396,173.13 1,000,000.00 4,396,173.13 4,471,975.00 7,796.37 09/30/2017 3,397,26 .63 1,000,000.00 4,397,26 .63 4,473,856.2 76, 90.62 09/30 2013 4,490,500.00 4,490,500.00 4,490,500.00 - 0() v) -()19 4,506,500.00 4,506,500.00 4,506,500.00 09 ?0 2020 4,527,125.00 4,527,125.00 4,527,125.00 - 0930 2021 4,537,000.00 4,537,000.00 4,537,000.00 09/30 2022 4,545,875.00 4,545,875.00 4,545,875.00 Total $15,646,730.75 $50,354,537.54 $66,031,265.32 $66,556,066.29 $524,797.97 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 816,524.59 Net PV Cashflo- Saving- a 750"o SIC) 816,524.59 Transfers from Prior Issue Daht Scivicc Fund (343,113.70 Net Present `"aloe Benefit $463,410.34 Net PV Benefit $13,31,000 Refunded Princihm 3.13°0 Refunding Bond Information Refunding Dated Date %01/2010 Refunding Delivery Date 01 2010 File Denton Revenue working file.SF potential refunding 03252 3/25/2010 5:20 PM 10 I Preliminary $14,090,000 City of Denton, Texas Utility System Revenue Refunding Bonds, Series 2010 (A 1/A+ Uninsured rates as of 3/25/2010) Sources & Uses Dated 05/01/2010 1 Delivered 05/01/2010 Sources Of Funds Par Amount of Bonds $14,090,000.00 Reoffering Premium 179,021.4 Transfers from Prior Issue Deht Service Funds 343,113.7 Total Sources $14,617,135.20 Uses Of Funds Total Underwriter's Discount (0.7000,° 93,630.00 Costs of Issuance 100,000.00 Deposit to Current Refunding Fund 14,41 5, 331. 50 Rounding Amount 2,673.70 Total Uses $14,617,135.20 File Denton Revenue working file.SF potential refunding 03252 3/25/2010 5:20 PM Preliminary $14,090,000 City of Denton, Texas Utility System Revenue Refunding Bonds, Series 2010 (A 1/A+ Uninsured rates as of 3/25/2010) Summary Of Bonds Refunded of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 6/01/2000 Delivered 6/01/2000 93 B Rev Ref Single Purpose 12012011 Serial Coupon 4.300% 305,000 05 0112010 100.00000 93 B Rev Ref Single Purpose 12012012 Serial Coupon 4.900% 31,000 05 012010 100.00000 93 B Rev Ref Single Purpose 12012013 Serial Coupon 5.000% 33,000 05 012010 100.00000 93 B Rev Ref Single Purpose 12012014 Serial Coupon 5.0000o 355,000 05 012010 100.00000 Subtotal - $1,310,000 - Dated 6/01/2000 Delivered 6/01/2000 00 a Rev Single Purpose 12012011 Serial Coupon 5.250% 2,630,000 1201 2010 100.00000 00 a Rev Single Purpose 12012012 Serial Coupon 5.3000o 1730,000 1201 2010 100.00000 Subtotal - $5,410,000 - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Electric 12/01201 Serial Coupon 5.250% 43,000 1201 2012 100.00000 02 a Rev final Electric 12/012016 Serial Coupon 5.2500o 510,000 1201 2012 100.00000 Subtotal - $995,000 - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Water 12/01201 Serial Coupon 5.250% 1,755,000 1201 2012 100.00000 02 a Rev final Water 12/012016 Serial Coupon 5.2500o 1,855,000 1201 2012 100.00000 Subtotal - $3,610,000 - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Wastewater 12/01201 Serial Coupon 5.250% 970,000 1201 2012 100.00000 02 a Rev final Wastewater 12/012016 Serial Coupon 5.2500o L020,000 1201 2012 100.00000 Subtotal - $1,990,000 - Total - $13,315,000 - File Denton Revenue working file.SF potential refunding 03252 3/25/2010 5:20 PM 10 I P Preliminary $44,055,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 (AA/Aa3 Uninsured rates as of 3/25/2010) Total Issue Sources And Uses Dated 05/01/2010 1 Delivered 05/01/2010 Tax Supported New Money- Refunding Refunding Refunding $4.115 Issue Water Electric Wastewater Million Summary Sources Of Funds ParAmOUntofBonds $23,205,000.00 $4,405,000.00 $12,340,000.00 $4,105,000.00 $44,055,000.00 . ReofferingPremium 321,442.60 65,552.05 173,641.30 63,540.55 629,176.0 Transfers from Prior Issue Debt Service Funds 549,643.75 169,703.7" 3,3 .15-3 75 - 1,04 _ 2,501.25 Transfers from Prior Issue DSR Funds 2,707,099.00 1 -?Q00 3,93 0,329.00 Total Sources $24,076,086.35 $7,347,354.50 $14,065,025.05 $4,165,540.55 $49,657,006.75 Uses Of Funds Original Issue Discount (OID) 72,333.30 11,723.40 36,099.90 6,369.40 126,531.00 Total Unden riter's Discount ° 162,43 .00 30,33 .00 36,330.00 23,73 .00 308,385.00 P) Costs of Issuance 89,543.75 16,993.07 47,617.7 15,840.43 170,000.00 Deposit to Project Constriction Fund - - - 4,115,000.00 4,115,000.00 Deposit to Current Refunding 261.72 7,287,506.28 13,393,449.03 - 44,932,217.03 Fund 23,71, Rounding Amount 507.3 292.0 1,473.37 2,595.72 4,373.72 Total Uses $24,076,086.35 $7,347,354.80 $14,065,025.05 $4,168,540.55 $49,657,006.75 Faille Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM II !a ~ P Preliminary $44,055,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 (AA/Aa3 Uninsured rates as of 3/25/2010) Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 09/30/2011 1,370,000.00 2.000% 1,603,012.22 3,473,012.22 09/30/2012 3,445,000.00 2.000% 1,186,375.00 4,631,375.00 09/30/2013 3,515,000.00 2.000% 1,116,775.00 4,631,775.00 09 3012014 3,530,000.00 2.000% 1,046,325.00 4,576,325.00 09 30 201 3,61 ,000.00 2.12 °P 972,61 .64. 4,587,615.64 09/30/2016 3,34,000.00 2.62% 390,303.1 4,235,303.15 09/30/2017 3,440,000.00 2.37% 796,950.01 4,236,950.01 09/30 2013 3,565,000.00 3.12% 691,796.39 4,256,796.89 0(/30 -()19 3,695,000.00 3.37% 573,740.66 4,263,740.66 09 ?0 2020 3,3 0,000.00 3.625'o 441,606.27 4,2 91,606.27 09/30 2021 4,000,000.00 3.37% 304,325.00 4,304,325.00 09/302022 4,150,000.00 3.00% 164,200.00 4,314,200.00 09/30/2023 21,000.00 4. X00% 36,737. 50 301,737. 50 09/30/2024 22,000.00 4. X00% 76,337. 50 301,337. 50 09 30 202 23,000.00 4.00°P 66,437.50. 301,437.0 09/30/2026 250,000.00 4.500% 55,575.00 305,575.00 09/30/2027 260,000.00 4.500% 44,100.00 304,100.00 09/30 2023 270,000.00 4.500% 32,175.00 302,175.00 00/30 'm0 235,000.00 4.500% 19,637.50 304,637.50 09 30 2030 295,000.00 4.500°P 6,637.50 301,637.50 50 Total $44,055,000.00 $10,176,262.34 $54,231,262.34 Yield Statistics Bond Year Dollars $314,439.50 Average Life 7.139 Year,,, Average Coup°n 3.2353035°0 Net Interest Cost NIC) 3.17403340o True Interest Cost (TIC) 3.12704920o Bond Yield for Arbitrage Pujposes 3.0055411°0 All Inclusive Cost (_aIC) 3.13390430o IRS Form 8038 Net Interest Cost 3.05237900o 'v Bighted Average Maturity 7.111 Years File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM I P Preliminary $44,055,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 (AA/Aa3 Uninsured rates as of 3/25/2010) Summary Of Bonds Refunded Part 1 of 3 of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 6/01/2000 1 Delivered 6/01/2000 93 a Rev Ref - water Single Purpose 1201 2010 Serial Coupon 4.7500o 101500 0 O12010 100.00000 Subtotal - $1,015,000 - - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Water 1201 2013 Serial Coupon 5.250% 1,570,000 1201 2012 100.00000 02 a Rev final Water 12 0112014 Serial Coupon 5.250% 1,660,000 12 0112012 100.00000 02 a Rev final Water 1201 2015 Serial Coupon 5.250% 1,755,000 1' 012012 100.00000 02 ARev final Water 12012016 Serial Coupon 5.2500o 1,855,000 1101 1012 100.00000 02 a Rev final 'A ater 12 01 2017 Serial Coupon 5.0000o 1,960,000 1' ul 2012 100.00000 02 a Rev final Water 1201 2018 Serial Coupon 5.000% 2,070,000 1' 0112012 100.00000 02 a Rev final Water 1201 2019 Serial Coupon 5.000% 2,185,000 1201 2012 100.00000 02 a Rev final Water 1201 2020 Serial Coupon 5.000% 2,305,000 1201 2012 100.00000 02 a Rev final Water 1201 2021 Serial Coupon 5.000% 142,000 1201 2012 100.00000 Subtotal - $17,755,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Water 12 0112011 Serial Coupon 5.250% 1,170,000 12 0112010 100.00000 00 a Rev allocation Water 12 0112012 Serial Coupon 5.3000o 1,235,000 12 0112010 100.00000 Subtotal - $2,405,000 - Dated 12/01/2006 1 Delivered 12/01/2006 98B rev Tax Ex Water 12 0112010 Serial Coupon 4.700% 6,000 05 0112010 100.00000 98B rev Tax Ex Water 1201 2011 Serial Coupon 4.300% 70,000 05 0112010 100.00000 98B rev Tax Ex Water 1201 2012 Serial Coupon 4.900% 70,000 05 0112010 100.00000 98B rev Tax Ex Water 12 01 2013 Serial Coupon 5.0000o 75,000 05 01 2010 100.00000 98B rev Tax Ex 'A ater 12 01 2014 Serial Coupon 5.0000o 85,000 05 01 2010 100.000°0 Subtotal - $365,000 - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Electric 1201 2013 Serial Coupon 5.250% 435,000 1201 2012 100.00000 02 a Rev final Electric 1201 2014 Serial Coupon 5.250% 460,000 12 0112012 100.00000 02 a Rev final Electric 12 (A 201 Serial Coupon 5.250% 485,000 L (A 2012 100.00000 02 A Rev final Electric ] -Io l -016 Serial Coupon 5.2500o 510,000 1- 1 '1-012 100.00000 02 aRev final Electric 12 01 2017 Serial Coupon x.0000o 540,000 1- 1 2012 100.00000 02 a Rev final Electric L O12013 Serial Coupon 5.000% 570,000 L 012012 100.00000 02 a Rev final Electric 1201 2019 Serial Coupon 5.000% 60,000 12 0112012 100.00000 02 a Rev final Electric 1201 2020 Serial Coupon 5.000% 63,000 12 0112012 100.00000 02 a Rev final Electric 1201 2021 Serial Coupon 5.000% 670,000 12 0112012 100.00000 Subtotal $4,910,000 File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ 8/2010 4:14 PM 10 I P Preliminary $44,055,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 (AA/Aa3 Uninsured rates as of 3/25/2010) Summary Of Bonds Refunded Part 2 of 3 of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 6/01/2000 1 Delivered 6/01/2000 93 Rev allocation Electric 12 0112010 Serial Coupon 4.7000o 170,000 05 0112010 100.00000 Subtotal - $170,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Electric 12 0112011 Serial Coupon 5.250% 495,000 12 0112010 100.00000 00 a Rev allocation Electric 1201 2012 Serial Coupon 5.3000o 525,000 12 0112010 100.00000 Subtotal - $1,020,000 - Dated 12/01/2006 1 Delivered 12/01/2006 93B rev Tax Ex Electric 12 0112010 Serial Coupon 4.700% 100,000 05 0112010 100.00000 93B rev Tax Ex Electric 1201 2011 Serial Coupon 4.300% 10,000 05 0112010 100.00000 93B rev Tax Ex Electric 1201 2012 Serial Coupon 4.900% 110,000 05 0112010 100.00000 93B rev Tax Ex Electric 1201 2013 Serial Coupon 5.000% 120,000 05 0112010 100.00000 93B rev Tax Ex Electric 12 01 2014 Serial Coupon 5.0000o 125,000 05 01 2010 100.00000 Subtotal - $560,000 - - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Wastewater 1201 2013 Serial Coupon 5.250% 865,000 1201 2012 100.00000 02 a Rev final Wastewater 1201 2014 Serial Coupon 5.250% 915,000 1201 2012 100.00000 02 a Rev final Wastewater 1201 201Serial Coupon 5.250% 970,000 1201 2012 100.00000 02 a Rev final Wastewater 1201 2016 Serial Coupon 5.250% 1,020,000 1201 2012 100.00000 02 A Rev final Wastewater 12 01 2017 Serial Coupon x.000°o 1,030,000 12 01 2012 100.00000 02 a Rev final Wastewater 1201 2018 Serial Coupon 5.000% 1,140,000 12 0112012 100.00000 02 a Rev final Wastewater 1201 2019 Serial Coupon 5.000% 1,205,000 1201 2012 100.00000 02 a Rev final Wastewater 1201 2020 Serial Coupon 5.000% 1,270,000 12 0112012 100.00000 02 a Rev final Wastewater 1201 2021 Serial Coupon 5.0000o 1,340,000 1201 2012 100.00000 Subtotal - $9,505,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 93 Rev allocation Wastewater 1201 2010 Serial Coupon 4.7000o 190,000 05 0112010 100.00000 Subtotal - $190,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Wastewater 1201 2011 Serial Coupon 5.250% 965,000 12 0112010 100.00000 00 a Rev allocation Wastewater 1201 2012 Serial Coupon 5.3000o 1,020,000 12 0112010 100.00000 File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $/2010 4:14 PM P Preliminary $44,055,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 (AA/Aa3 Uninsured rates as of 3/25/2010) Summary Of Bonds Refunded Part 3 of 3 of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Subtotal $1,955,000 Dated 12/01/2006 1 Delivered 12/01/2006 93B rev Tax Ex Wastewater 1201 2010 Serial Coupon 4.700% 125,000 05 0112010 100.00000 93B rev Tax Ex Wastewater 1201 2011 Serial Coupon 4.300% 130,000 05 0112010 100.00000 93B rev Tax Ex Wastewater 1201 2012 Serial Coupon 4.900% 13,000 05 0112010 100.00000 93B rev Tax Ex Wastewater 1201 2013 Serial Coupon 5.000% 140,000 05 0112010 100.00000 93B rev Tax Ex Wastewater . 1201 2014 Serial Coupon x.000u0 14,000 05 012010 100.00000 Subtotal - $675,000 - - Total - $40,885,000 File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM P Preliminary $23,205,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Water Debt Service Comparison Date Total P+I Existing DIS Net New DIS Old Net DIS Savings 09/30/2010 123,391.2 123,391.2 123,391.2 - 09/30i2011 2,081,275.00 2,673,916.2 4,755,191.25 4,827,570.00 72,373.7 09/30/2012 2,134,962.0 1,539,768.75 3,724,731.2 3,795,396.25 70,66 .00 09/30/2013 2,133,162.0 1,534,243.75 3,717,406.2 3,733,036.2 70,630.00 09 3012014 2,443,112.0 2,443,112.0 2,516,262.50 73,150.00 09 30 201 2,453,393.75 2,453,393.75 2,527,475..00 - 4,031.2 093012016 2,372,540.63 2,372,540.63 2,445,706.25 73,165.62 09/30/2017 2,379,015.63 2,379,015.63 2,450,943.75 71,923.12 09/30 2013 2,333,671.33 2,333,671.33 2,458,250.00 69, 73.12 0() /30 -()19 2,395,943.76 2,395,943.76 2,467,500.00 71,556.24 09 ?0 2020 2,40 ,203.13 2,40 ,203.13 2,476,12 ..00 0,921.37 09/30 2021 2,411,593.75 2,411,593.75 2,483,875.00 72,231.2 0930 2022 2,411,47 .00 2,411,47 .00 2,485,625.00 74,1 0.00 Total $25,110,350.03 $5,576,320.00 $33,956,670.03 $34,551,156.25 $564,456.22 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 1,399,455.68 Net PV Casbflo-, Saving- a 3.053°o SIC) 1,399,455.68 Transfers from Prior Issue Daht Scivicc Fund (549,643.75) Net Present `"aloe Benefit $349,311.93 Net PV Benefit $21,70,000 Refunded Princihm 3.940°o Refunding Bond Information Refunding Dated Date %01/2010 Refunding Delivery Date 01 2010 *Net DIS Excludes: DSR File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM 10 P Preliminary $23,205,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Water Summary Of Bonds Refunded of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 6/01/2000 1 Delivered 6/01/2000 93 a Rev Ref - water Single Purpose 1201 2010 Serial Coupon 4.7500o 101500 0 O12010 100.00000 Subtotal - $1,015,000 - - Dated 4/01/2002 Delivered 5/14/2002 02 a Rev final Water 1201 2013 Serial Coupon 5.250% 1,570,000 1201 2012 100.00000 02 a Rev final Water 12 0112014 Serial Coupon 5.250% 1,660,000 12 0112012 100.00000 02 a Rev final Water 1201 2015 Serial Coupon 5.250% 1,755,000 1' 012012 100.00000 02 ARev final Water 12012016 Serial Coupon 5.250°o 1,855,000 1101 1012 100.00000 02 a Rev final 'A ater 12 01 2017 Serial Coupon 5.0000o 1,960,000 1' 01 2012 100.000°0 02 a Rev final Water 1201 2018 Serial Coupon 5.000% 2,070,000 1' 0112012 100.00000 02 a Rev final Water 1201 2019 Serial Coupon 5.000% 2,185,000 1201 2012 100.00000 02 a Rev final Water 1201 2020 Serial Coupon 5.000% 2,305,000 1201 2012 100.00000 02 a Rev final Water 1201 2021 Serial Coupon 5.000% 142,000 1201 2012 100.00000 Subtotal - $17,755,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Water 12 0112011 Serial Coupon 5.250% 1,170,000 12 0112010 100.00000 00 a Rev allocation Water 12 0112012 Serial Coupon 5.3000o 1,235,000 12 0112010 100.00000 Subtotal - $2,405,000 - Dated 12/01/2006 1 Delivered 12/01/2006 98B rev Tax Ex Water 12 0112010 Serial Coupon 4.700% 6,000 05 0112010 100.00000 98B rev Tax Ex Water 12 0112011 Serial Coupon 4.300% 70,000 05 0112010 100.00000 98B rev Tax Ex Water 12 0112012 Serial Coupon 4.900% 70,000 05 0112010 100.00000 98B rev Tax Ex Water 12 01 2013 Serial Coupon 5.0000o 75,000 05 01 2010 100.00000 98B rev Tax Ex 'A ater 12 01 2014 Serial Coupon 5.0000o 85,000 05 01 2010 100.000°0 Subtotal - $365,000 - Total - $21,570,000 - Faille Denton Revenue working file.SF ref 3.25.10 broken out se 4/ 8/2010 4:14 PM II !a ~ P Preliminary $4,405,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Electric Debt Service Comparison Date Total P+I Existing DIS Net New DIS Old Net DIS Savings 09/30/2010 - 39,591.88 39,591.88 39,591.88 - 09/30i2011 30,312.73 903,995.01 1,209,307.79 1,507,057.51 297,249.72 09/30/2012 615,062.50 425,165.63 1,040,223.13 1,336,369.33 296,141.2 09/30/2013 614,362.0 420,762.0 1,035,625.00 1,334,845.00 299,220.00 09/30/2014 505,562.50 - 505,562.50 803,056.25 297,493.7 09 30 201 506,396.33 506,896.33 303,437.0 296,540.62 09/30/2016 373,373.13 373,373.13 675,506.25 297,123.12 09/30/2017 374,913.7 374,913.7 674,337.0 299,463.7 09/30 2013 330,334.33 330,334.33 677,500.00 297,115.62 0() /30 -()19 384,568.76 384,568.76 679,70.00 29,181.24 09 ?0 2020 337,396.33 337,396.33 685,375.00 29 7,973.12 09/30 2021 339,713.7 339,713.7 684,375.00 294,656.25 09/302022 391,737.0 391,737.0 686,750.00 295,012.50 Total $5,235,300.31 $1,759,515.02 $7,024,515.33 $10,588,001.27 $3,563,155.94 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 3,131,330.47 Net PV Caslnflo- Saving- a 973"o SIC) 3,131,330.47 Transfers from Prior Issue Daht Scivicc Fund (169,703.70 Transfers from Prior Issue DSR Fund (2,707,099.00) Net Present Value Benefit $305,027.72 Net PV Benefit / $6,660,000 Refunded Principal 4.300o Refunding Bond Information Refunding Dated Date %01/2010 Refunding Delivery Date 01 2010 *Net DIS Excludes: DSR File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ 8/2010 4:14 PM 10 I P Preliminary $4,405,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Electric Summary Of Bonds Refunded of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 4/01/2002 1 Delivered 5/14/2002 02 a Rev final Electric 12/012013 Serial Coupon 5.250% 435,000 1201 2012 100.00000 02 a Rev final Electric 12012014 Serial Coupon 5.250% 460,000 1201 2012 100.00000 02 a Rev final Electric 1201i2015 Serial Coupon 5.250% 485,000 1201 2012 100.00000 02 a Rev final Electric 12/01 2016 Serial Coupon 5.250% 510,000 12101 2012 100.00000 02 ARev final Flectric 1201 '017 Serial Coupon 5 .0000o 540,000 12 01 2012 100.00000 02 aRevfinal Ekctric 12() 1 -1018 Serial Coupon 5.0000o 570,000 12 O1 IW2 100.00000 02 a Rev final Electric 12/01 2019 Serial Coupon 5.000% 60,000 12101 2012 100.00000 02 aRev final Electric 12/01/2020 Serial Coupon 5.000% 63,000 1201/2012 100.00000 02 a Rev final Electric 12012021 Serial Coupon 5.0000o 670,000 1201 2012 100.00000 Subtotal - $4,910,000 - Dated 6/01/2000 1 Delivered 6/01/2000 93 Rev allocation Electric 1201/2010 Serial Coupon 4.7000o 170,000 050112010 100.00000 Subtotal - $170,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Electric 12012011 Serial Coupon 5.250% 495,000 1201 2010 100.00000 00 a Rev allocation Electric 12012012 Serial Coupon 5.3000o 525,000 1201 2010 100.00000 Subtotal - $1,020,000 - Dated 12/01/2006 1 Delivered 12/01/2006 93B rev Tax Ex Electric 12012010 Serial Coupon 4.700% 100,000 050112010 100.00000 93B rev Tax Ex Electric 1201 %2011 Serial Coupon 4.300% 10,000 05 0112010 100.00000 93B rev Tax Ex Electric 1201 '012 Serial Coupon 4.900% 110,000 0/01 2010 100.00000 93B rev Tax Ex Electric 1? o 1 '013 Serial Coupon 5 .0000o 120,000 0,; o 1 1010 100.00000 93B rev Tax Ex Electric 12 01 2014 Serial Coupon 5.0000o 125,000 05 o 1 2010 100.00000 Subtotal - $560,000 - - Total $6,660,000 Faille Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM II !a ~ P Preliminary $12,340,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Wastewater Debt Service Comparison Date Total P+I Existing DIS Net New DIS Old Net DIS Savings 09/30/2010 - 73,791.33 73,791.33 73,791.33 - 09/30i2011 734,443.33 1,792,620.01 2,577,063.34 2,746,525.01 169,456.67 09/30/2012 1,530,637.50 345,434.33 2,376,171.33 2,543,535.63 167,363.75 09/30/2013 1,531,237.50 346,656.25 2,377,393.75 2,545,913.75 163,025.00 09 3012014 1,323,337.50 - 1,323,337.50 1,492,713.75 169,331.25 09 30 2015 1,326,465.63 1,326,465.63 1,493,363.7 ~ 167,403.12 09/30/2016 1,132, 509.33 1,132,509.33 1,350,762.50 163,253.12 09/30/2017 1,130,337.50 1,130,337.50 1,343,525.00 167,637.50 09/30 2013 1,135,940.63 1,135,940.63 1,354,750.00 163,309.37 0() /30 -()19 1,137,362.51 1,137,362.51 1,359,250.00 171,337.49 09 ?0 2020 1,194,796.33 1,194,796.33. 1,365,625.00 17 0,323.12 09/30 2021 1,200,712.50 1,200,712.50 1,363,750.00 163,037.50 09/302022 1,205,737.50 1,205,737.50 1,373,500.00 167,762.50 Total $14,534,173.36 $3,563,552.52 $15,397,725.88 $20,422,521.27 $2,024,795.39 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 2,032,331.90 Net PV Casbflo-, Saving- a 3.032"o \1C) 2,032,331.90 Transfers from Prior Issue Daht Scivicc Fund (3^_3.153.75) Transfers from Prior Issue DSR Fund ll „ "-'30.00) Net Present Value Benefit $53t,.443.15 Net PV Benefit / $12,655,000 Refunded Principal 4.2390o Refunding Bond Information Refunding Dated Date 5 01 2010 Refunding Delivery Date 5 01 2010 *Net DIS Excludes: DSR File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM 10 I P Preliminary $12,340,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Refunding Wastewater Summary Of Bonds Refunded of Maturity Issue Purpose Maturity Type Bond Coupon Value Call Date Call Price Dated 4/01/2002 1 Delivered 5/14/2002 02 a Rev final Wastewater 11 01 2013 Serial Coupon 5.2500o 865,000 1201 2012 100.00000 02 a Rev final Wastewater 1 01 2014 Serial Coupon 5.250% 915,000 1201 2012 100.00000 02 a Rev final Wastewater 12 01 201 Serial Coupon 5.250% 970,000 1201 2012 100.00000 02 a Rev final Wastewater 12 01 2016 Serial Coupon 5.250% 1,020,000 12 Ol 2012 100.00000 02 ARev final «Va-l~,%ater 11 01 2017 Serial Coupon 5 .0000o 1,030,000 12 «1101? 100.00000 02 a Rev final Wastewater 12 O1 2013 Serial Coupon x.0000 o 1,140,000 12 O1 2012 100.00000 02 a Rev final Wastewater 12 01 2019 Serial Coupon 5.000% 1,20 ,000 12 Ol 2012 100.00000 02 a Rev final Wastewater 1201 2020 Serial Coupon 5.000% 1,270,000 12 01 2012 100.00000 02 a Rev final Wastewater 1201 2021 Serial Coupon 5.000% 1340,000 1201 2012 100.00000 Subtotal - $9,505,000 - Dated 6/01/2000 1 Delivered 6/01/2000 93 Rev allocation Wastewater 1201 2010 Serial Coupon 4.700% 190,000 05 0112010 100.00000 Subtotal - $190,000 - - Dated 6/01/2000 1 Delivered 6/01/2000 00 a Rev allocation Wastewater 1201 2011 Serial Coupon 5.2500o 965,000 1201 2010 100.00000 00 a Rev allocation Wastewater 1201 2012 Serial Coupon 5.3000o 1,020,000 1201 2010 100.00000 Subtotal - $1,955,000 - Dated 12/01/2006 1 Delivered 12/01/2006 93B rev Tax Ex Wastewater 1201 2010 Serial Coupon 4.700% 125,000 05 012010 100.00000 93B rev Tax Ex Wastewater 12 01 %2011 Serial Coupon 4.300% 130,000 05 012010 100.00000 93B rev Tax Ex Wastewater 12 01 2012 Serial Coupon 4.900% 135,000 05%01 2010 100.00000 93B rev Tax Ex write-water 1^_ O1 2013 Serial Coupon 5 .0000o 140,000 05 01 2010 100.00000 98B rev Tax Ex NN- astoN ater 12 o l 2014 Serial Coupon x.0000 o 145,000 05 01 2010 100.00000 Subtotal - $675,000 - - Total - $12,655,000 Faille Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM !a ~ P Preliminary $4,105,000 City of Denton, Texas General Obligation Refunding & Improvement Bonds, Series 2010 Tax Supported New Money - $4.115 Million Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 110,000.00 2.000% 191,476.11 301,476.11 09/30/2012 155,000.00 2.000% 14,662. 50 300,662. 50 09/30/2013 160,000.00 2.000% 142,E 12. 50 302,E 12. 50 09/30/2014 16,000.00 2.000% 139,262. 50 304,262. 50 09 30 201 16 ,000.00 2.12 00 13,859.33 300,3 9.33 09/30/2016 170,000.00 2.62% 131,875.01 301,875.01 09/30/2017 17,000.00 2.37% 127,123.13 302,123.13 09/30 2013 130,000.00 3.12% 121,300.00 301,300.00 0(/30 -()19 13 ,000.00 -3375' 115,865.63 300,36 .63 09 ;0 2020 19 ,000..00 3.62 00 109,209.33 30 4,209.33 09/30 2021 200,000.00 3.37% 102,300.00 302,300.00 09/302022 210,000.00 3.00% 95,250.00 305,250.00 09/30/2023 21,000.00 4. X00% 36,737. 50 301,737. 50 09/30/2024 22,000.00 4. 500% 76,337. 50 301,337. 50 09 30 202 23,000.00 4.500oo 66,437.0 301,437.0 09/30/2026 20,000.00 4.00% 55,575.00 305,575.00 09/30/2027 260,000.00 4. X00% 44,100.00 304,100.00 09/30 2023 270,000.00 4.00% 32,175.00 302,175.00 00/30 'm0 23,000.00 4.00% 19,637.0 304,637.0 09 30 2030 29,000.00 4.50 0° 0 6,637. 50 301,637. 50 Total $4,105,000.00 $1,946,435.64 $6,051,435.64 Yield Statistics Bond Year Dollars $47,603.39 Average Life 11.596 Year,,, Average Coup°n 4.08886570o Net Interest Cost NIC) 4.02913010o True Interest Cost (TIC) 3.95453030o Bond Yield for Arbitrage Pujposes 3.0055411°0 All Inclusive Cost (_aIC) 3.997595 10 o IRS Form 8038 Net Interest Cost 3.91391720o 'v Bighted Average Maturity 11.583 Years File Denton Revenue working file.SF ref 3.25.10 broken out se 4/ $12010 4:14 PM I AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT (Gas Well Ordinance) Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 22 of the Denton Development Code (DDC) regarding gas well drilling and production. The discussion will include an analysis of gas well and production ordinances of neighboring cities within the Metroplex area and responses and findings of information requested by the City Council during the December 1, 2009 work session on gas well drilling and production. BACKGROUND On December 1, 2009, staff presented findings and analysis of gas well drilling and production ordinances from seven (7) neighboring cities within the Metroplex. These cities included: Denton, Ft. Worth, Lewisville, Arlington, Weatherford, Corinth, Roanoke, and Flower Mound. The purpose of the findings and analysis was to present information to the City Council relative to how other cities are currently regulating gas well drilling and production, and to seek direction from the City Council regarding the standards that should be applied while amending Subchapter 22 of the DDC. Subsequent to the presentation and discussion, the City Council directed staff to conduct further study on various gas well drilling and production issues, and to report the findings to City Council at a future date. REQUESTED INFORMATION AND ANANYSIS: This report includes the questions asked by the City Council during the aforementioned December 1, 2009 work session, and the responses to the questions. The findings and analysis are as follows: 1. What is the composition of the City of Fort Worth's gas well drilling committee? The City of Fort Worth's Gas Drilling and Review Committee (GDRC) is composed of representatives from various city departments including: transportation and public works; gas inspectors; water administration; planning and development; law; community relations; and parks and community services departments. The committee is chaired by the Assistant Director of Planning and Development. Notices of the GDRC meeting are mailed ten (10) days after receipt of an application to: (1) all neighborhood associations within '/z mile of the proposed drill site; (2) all property owners within one thousand (1,000) feet of the proposed well; (3) all property owners fronting or along the non-commercial truck route of drill the site; and (4) all property owners along the proposed private residential area pipeline route. 1 If a property owner is affected by the project and chooses to comment, the owner is required to return notification forms at least one (1) day before the meeting. The information contained in the notice is also posted on the city's website. Notices include a description of the application, the proposed truck route, setbacks from protected uses, street address of the proposed well, a site location map, and the GDRC meeting date and time. Notices also include the contact information for the gas well operator. During the GDRC meeting, the gas well operator presents an overview of the application, while Ft. Worth's city staff presents a report that includes applicable regulations. A total of fifteen (15) minutes are allotted for citizen comments. After the GDRC concludes the hearing, the GDRC submits a report (including their recommendation) to the Gas Well Division as well as to the gas well operator. The report is also posted on the city's webpage. 2. What are examples of dB's for a particular day to day activity? The following table provides a list of activities and their associated sound levels. The second table shows the relationship between noise levels and maximum tolerable exposure to the human ear. The information in both tables came from the Department of Labor. W-:11.-<t -ouild h~111d by I\ -'111'-'-' 111,11111111 SIB Rustic of Icaf 20 dB Whisper ,o dB Normal comp :rsation 00 dB Inside passenger carat 0() NIPH o-~-7-~ dB Ringing telephone 80 dB Hair drNer S~-~>o dB La~\ n mo\\ cr dB Chain save>o-loo d B Tractor. bulldoZCr I()~ dB Circular save. table save I lo dB Threshold of pain 120 dB Pneumatic chipper 12o dB Firs cn-inc siren 120 dB Jet engine at takeoff I4o dB 12-(au~IIc shot"un I 0~dB Rocket launch 1X0 dB Loudest possible sound 11)4 dB This table below shows the relationship between noise levels and maximum tolerable exposure to the human ear. 2 90 dB hours Q) dB -4 hourS 10() dB 2 hours I O5 dB I hour 11(1 dB 30 minutes 1 15 dB 15 minutcs The following table includes sound level field data for various gas well drilling and production activities that were collect by the City Fire Marshall's office: Rc~(1ular drillin~~ actin itN_ as mc~SUrcd 3OO fit from SO dB 75 dB the boundarlcS of the drilling( sits for (-YaS. Fracturing and flaring for gas wells as measured 90 dB 75dB 300 ft. from the drilling site. 3. What conditions of approval relating to gas well drilling and production has the Denton City Council adopted within the past years? The following is a summary of conditions of approval for gas wells approved through a specific use permit (SUP) or planned development (PD) during a seven-year period spanning from 2002 to 2009: (CONDITION (A) BELOW IS ASSOCIATED WITH THE O' TOOLE LEASE SPECIFIC USE PERMIT CONDITIONS OF APPROVAL, S07-0012) (a) A visually appealing screen shall be installed around all gas well facilities within 90 days after completion of drilling. This provision supersedes the screening requirements contained in Section 2, Paragraph 2 of Ordinance No. 2006-346. (CONDITIONS (B)-(F) BELOW ARE ASSOCIATED WITH THE TOAB A&B UNIT 1 SPECIFIC USE PERMIT CONDITIONS OF APPROVAL, Z03-0011) (b) All residences within 500 feet of the well site will be noticed 24 hours prior to the fracing of the wellhead. (c) Fracing operations are restricted to daylight hours only. (d) All structures shall have a maximum height of 16 feet. (e) An 8-foot wooden fence will be installed on steel post around the well site to create a visually appealing screen for the well site prior to production of the well. (CONDITION (F) BELOW IS ASSOCIATED WITH THE KOZURA-MOHAN LEASE SPECIFIC USE PERMIT CONDITIONS OF APPROVAL, Z03-0037) (f) Install a blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. CONDITIONS (G)-(H) BELOW ARE ASSOCIATED WITH THE ROBSON RANCH GAS WELL PARK D, E, Am) F DETAIL PLAN CONDITIONS OF APPROVAL, Z08-0023) (g) The lessee of the mineral estate and its agents, employees and assigns shall prohibit access to or from the well sites outside the hours of 8:00 am to 5:00 pm, Monday through Friday and 11:00 am to 5:00 pm, on Saturday and Sundays, unless drilling operations are actively in progress or the well is being reworked at the particular site being accessed. Furthermore, it shall be an affirmative defense that access to a well site outside the limitations of these restrictions was necessitated by an emergency that constituted an eminent threat to life, health, or property. (h) The lessee of the mineral estate shall install a screening fence and plant trees and shrubs as shown on the approved landscape plans within 30 days after drilling operations are complete or during the first dormant season for replacing the damaged or removed portions of the landscaping. CONDITIONS (I)-(V) BELOW ARE ASSOCIATED WITH THE RAYZOR GAS WELL SPECIFIC USE PERMIT CONDITIONS OF APPROVAL, S09-0006) (i) The operator of the gas well shall install a limestone screening and security fence, at least eight (8) feet in height, around the site, with an access gate on the northern wall, as well as a type "D" vegetative buffer on the portion of the site along Bonnie Brae Road. (j) The screening fence and type `D' buffer, as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. (k) If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. (1) The maximum permissible ambient noise level shall not exceed seventy nine (79) decibels as measured three hundred (300) feet from the boundary of the drill site. (in) If the Operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violation cannot be identified after reasonable diligence by the operator. (n) Operator of the gas well shall instruct and ensure that employees involved in the operation of the gas well park vehicles on-site only. (o) Prior to drilling gas well, operator shall install a sound barrier along the perimeter of the 3-acre site, except for a 30 foot security fence and gate securing the north side of the site. This barrier shall be a minimum of 14 feet high. 4 (p) The operator of the gas well shall install and utilize an atmosphere monitor during drilling to detect the accumulation of any hydrocarbon gases at or above the lower explosive limit. Operator shall immediately notify the Fire Department, and take corrective action as directed by the Fire Marshall. (q) Ingress and egress in and out of the gas well site shall be restricted to the hours of 8:00 am to 5:00 pm, Monday through Friday; and 11:00 am to 5:00 pm, on Saturdays and Sundays, unless drilling or fracturing operations are actively in progress. (r) Drilling, fracturing of all the five wells shall be completed within two (2) years from the date actual drilling is commenced on the first gas well. (s) Operator shall use a closed loop drilling mud system during drilling operations. (t) Directional lighting shall be optimized to minimize disturbances of residential neighbors to the east of the site. (u) Flaring shall be restricted to the hours of 8:00 am to 5:00 pm, Monday through Friday, and 11:00 am to 5:00 pm, on Saturdays and Sundays. (v) A maximum number of five (5) storage tanks are allowed on the site and none shall exceed 8 feet in height, as installed. 4. Can a Specific Use Permit ("SUP") be required for all mineral drilling and production activities, regardless of their location within the city of Denton? A memorandum related to the application of the SUP process to mineral exploration/production activities was provided by the City Attorney in her weekly status report of March 26, 2010. 5. What zoning districts allow gas wells by-right, through a PD, or an SUP? The table below illustrates the requirements for gas well drilling and production per zoning district within the city. Specifically, the requirement relating to drilling and production of gas wells "b.i -right" or through approval of a Specific Use Permit. Rural ReSldcntlal (RD-~) P Rural Conlnlerclal (RC) P Ncigliborhood Rk:sidk:ntial I (NR-1) P NcH_hborhood Residential 2 (NR-?) P Neigdiborhood Residential , (NR-,) SUP NcH_hborhood Residential 4 (NR-4) SUP Ncigdiborhood Rcsiclential 0 (NR-0) SCUP NcH_hborhood Residential Mixed Usk: 12 (NRN1U 12) SUP Ncigdiborhood Residential 1Vlixecl Use (NRNIU) SUP Downtown Residential 1 (DR-1) SUP 5 Do\\nto\\n RcSldentlal 2 (DR-2) SUP Downtown Commercial Neighborhood (DC-N) SUP Dm\ ntm\ n Commercial Gcncral (DC-G) SUP ConununitN Mixed Use General (01-G) SUP Community N,li\ccl Use EmploNment (CNI-E) SUP Rc~_,ional Ckntk:r Rk:sidk:ntial I (RCR-1) SUP Rk:,,Iional Ccntcr Residential 2 (RCR-2) StT Rc~_,ional Center Commercial NeH-hborhood (RC('-N) P R~:,~ional Ccntcr Commercial Dm\ nto\\ n (RC('-D) P Employment Center Commercial (EC-(') P EmploN ment Ccntcr Industrial (E(-I) P Industrial Center Employment (IC-E) P Industrial Center Gcncral (IC-G) P P=Permitted by-right SUP=Specific Use Permit There are no zoning districts that require gas wells through a PD. However, there are certain gas well park sites that have been approved as part of a PD. An example of such PD is the Robson Ranch PD. 6. What are the requirements for air quality tests (before and after drilling)? There are no current regulations concerning air quality relative to gas well drilling and production. Air quality tends to be regulated at the state and federal level. Section 35.12.11 of the DDC currently has industrial performance standards that address the issue of opacity and odorous matter, but it does not address hydrocarbons. Notwithstanding the above, there is technology available to measure the baseline for hydrocarbons in the air before, during, and after drilling operations. 7. What are the requirements for environmental policies? Specifically does the City of Denton require environmental insurance and if so, how long does it have to be in place? Does the City monitor on-going coverage? Section 35.22.8 of the Denton Development Code (DDC) requires the maintenance of an insurance instrument until the gas well is abandoned and restored. This insurance instrument covers environmental impairment or pollution such as the escape of or release of smoke, vapors, fumes, acids, alkilis, toxic chemicals, liquid gases, waste or other irritants, contaminants or pollutants to adjacent property. Per Section 35.22.6 of the DDC, the DRC may consult with a petroleum specialist to assist in reviewing a gas well application. However, this is only relevant to application for a Specific Use Permit or a Planned Development zoning district. If required by the specialist, the operator will provide a retainer; otherwise, the operator is required to pay 6 for the services of the specialist after they are rendered. The referenced Section allows the DRC to require special environmental study through a qualified specialist if deemed necessary. 8. What is the difference between well head and pad site? The term "well head' is interchangeably used with "gas well." The term "pad site" is also interchangeably used with "drill site." Per Section 35.22.2 of the DDC, a "gas well" is defined as: "any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code. " The Texas Natural Resources Code defines a "gas well" as: Any well: (A) Which produces natural gas not associated or blended with crude petroleum oil at the time ofproduction; (B) Which produces more than 100, 000 cubic feet of natural gas to each barrel of crude petroleum oil from the same producing horizon; or (C) Which produces natural gas from a formation or producing horizon productive of gas only encountered in a wellbore through which crude petroleum oil also is produced through the inside of another string of casing or tubing. A well which produces hydrocarbon liquids, apart of which is formed by a condensation from a gas phase and a part of which is crude petroleum oil, shall be classified as a gas well unless there is produced one barrel or more of crude petroleum oil per 100,000 cubic feet of natural gas; and that the term "crude petroleum oil" shall not be construed to mean any liquid hydrocarbon mixture or portion thereof which is not in the liquid phase in the reservoir, removed from the reservoir in such phase, and obtained at the surface as such. 9. What is the definition of a "drilling park?" "Drilling park" is interchangeable used to refer to "drilling site." Per Section 35.22.2 of the DDC, drill site is defined as "the area used for drilling, completing, or re working a well. " 10. Have there been any court cases/challenges from the sample cities? Especially those cities that require a 1,000 feet setback from protected uses. According to the City of Flower Mound gas well permit coordinator, they have been sued once with regards to the denial of various variance requests on a gas well site by the city's Oil and Gas Well Board. According to the coordinator, the legal suit involved the denial of several variances on the site, one of which was the 1,000-foot setback. However, the city prevailed in the law suit and the court upheld the city's ordinance. Regarding the City of Roanoke, according to the city's gas well coordinator, there has not been any legal challenge with regards to the setbacks that he is aware of. 7 It. What are the setbacks from other properties such as fresh water wells, required by sampled cities? The table below shows the setbacks of gas wells from fresh water wells: ?>O fcct ?OO feet ?OO feet ?OO fcct LUOO fcct from v\atcr supple ell ?OO feet 1.000 feet 1,000 feet - 500 feet if the owner has an mineral interest in the gas well In addition to this table, there is an attached Exhibit 1 to illustrate the setback requirements for all other uses. 12. What are the distances and noise level requirements from sampled cities? How do the sampled cities enforce their noise level regulations? Six (6) of the sampled cities, specifically the City of Fort Worth, Lewisville, Arlington, Corinth, Roanoke, and Flower Mound require a noise study. The noise study assists the cities to establish an ambient noise level, which is used to establish a baseline for noise levels for drilling areas. The noise study usually comprises of surrounding areas within 300 feet of the boundaries of the drill site. In addition to the noise study, the six (6) cities require a noise management plan. Information contained in the noise management plan demonstrates how the increases in noise level resulting from drilling operations are mitigated. In addition to establishing permitted noise levels based on the established ambient noise level, the sampled cities also have maximum permissible noise levels for gas well drilling and production activities. These noise levels range from a minimum of seventy decibels (70 dB) allowed by the City of Weatherford, to eighty five decibels (85 dB) allowed by the City of Roanoke. The City of Roanoke maximum noise level is set at seventy eight decibels (78 dB); however, the city allows maximum noise level of eighty five decibels (85 dB) during fracturing operations. Regarding how the noise level regulations are enforced, the cities of Fort Worth, Lewisville, Arlington and Roanoke requires gas well drilling companies or operators to install on-site sound level recording meters. Examples of such meters are the Extech Data Logging Sound Level Meter or the Bruel and Kjaer Sound Level Meter. These 8 meters can be used to record noise level within 300 feet from the boundaries of the drilling site. The majority of the sampled cities require the readings to be taken throughout a consecutive 24-hour period until drilling activities are completed. The cities of Weatherford and Corinth, on the other hand, send out their Fire Marshall or gas well Inspectors to record noise levels. These field inspections are conducted at least 3-4 days out of a week. The City of Denton Fire Department conducts noise level readings during drilling, fracturing, and other operational activities associated with the production of gas wells. In addition, the Fire Marshall's office conducts occasional readings as prompted by citizen complaints. 13. What are the required setbacks for cities after drilling operations are completed? Per Section 35.22.3 of the DDC, a minimum setback of 500 feet from residential structures is required unless a waiver is signed by owners of residential structures within 250 feet to 500 feet. However, the minimum distance cannot be less than 250 feet. Staff did not find any required setback after drilling operations are completed for the seven (7) sample cities as well. 14. What are the permitted heights for storage tanks? The Cities of Lewisville, Arlington, Corinth, and Flower Mound limit the height of storage tanks to be a maximum of eight feet (8 ft) measured above the terrain surrounding the tank. The City of Fort Worth limits the height of storage tanks to be ten feet (10 ft). The City of Denton Development does not address height limitations for storage tank facilities. 15. What are the requirements for environmental insurance bonds from sampled cities? The cities of Arlington and Fort Worth have the highest dollar amount required for environmental insurance bond. These cities require drilling and production companies to maintain insurance coverage in the amount of $5,000,000 per loss for the duration of the gas well. The city with the second highest dollar amount for environmental insurance bond is the City of Corinth. The Corinth requires coverage to be in the amount of $2,000,000 per loss and an annual aggregate of at least $10,000,000 for the duration of the gas well. The cities of Lewisville, Flower Mound, and Roanoke require coverage to be maintained in the amount of $1,000,000 per loss, with an annual aggregate of at least $10,000,000 for the duration of the gas well. 9 Staff did not find any environmental insurance bond requirements within the City of Weatherford. Regarding the City of Denton, per Section 35.22.8.13 of the DDC, environmental insurance coverage is required and must be maintained as part of the gas well operator's commercial general liability insurance. The coverage is maintained in an amount of $1,000,000, or coverage is written on a "claim made" basis. 16. What is the duration (time) for gas well operators to keep insurance? Per Section 35.22.8 of the DDC: "the operator of gas wells are required to maintain insurance coverage until the gas well is abandoned and the drill site is restored. " 17. What are the limitations on flaring? The cities of Fort Worth, Lewisville, Arlington, Roanoke, and Flower Mound allow flaring after gas well operators have obtained a flaring permit from the Texas Railroad Commission and Texas Commission on Environmental Quality (TCEQ). The distances required by cities for flaring activities are illustrated in the table below: ~talltlitl ilt~t itlciltil~. ~ul~. rcy~_iircmcilt 100 fcct fl-0111 anN building" not uscd in the opcration ofgas Soo fcct from Protcctcd Usk: 100 fcct from anv building" not uscd in the opcration of "as cll 600 feet from an-\, building not used in the operation of gas cll 500 fcct from anv building" not uscd in the opcration of "as cll 500 feet from an-\, building not used in the operation of gas well The City of Weatherford does not allow the burning of oil, gas, or other hydrocarbons in the city. 18. What are the Texas Railroad Commission (RRC) requirements for gas well drilling and operations? Included in the discussion on December 1, 2009, was the issue of the regulatory requirements of the RRC. The purpose of this discussion was to reduce any potential conflict between the Commissions standing regulations and any future changes to the Denton Development Code. To further elaborate on this particular subject topic, the following information was taken from the RRC's website (www.rrc.state.tx.us), and is hereby provided: (a) What the Railroad Commission has jurisdiction over; 10 The Railroad Commission (RRC) regulates the exploration and production of oil and natural gas in Texas. The Commission's primary responsibilities include: preventing waste of oil and gas resources; protection of surface and subsurface water; and ensuring all mineral interest owners have an opportunity to develop their fair share of the minerals underlying their property. (b) What the Railroad Commission does NOT have jurisdiction over? The RRC does not have jurisdiction over roads, traffic, noise, odors, leases, pipeline easements, or royalty payment. i. Roads and Traffic: The RRC does not have jurisdiction over, and exercises no regulatory authority with respect to, private or public roads or road use. Permits issued by the RRC for oil and gas exploration, production, and waste disposal do not limit any independent authority of a municipality, county or other state agencies with respect to road use. ii. Noise: The RRC has no statutory authority over noise or nuisance related issues. Noise and nuisance related issues would be governed by local ordinances. iii. Odors: The RRC does not have regulatory authority over odors. However, the city may enact ordinances regarding odors or other nuisances for wells within the city limits. In addition, the Texas Commission on Environmental Quality (TCEQ) has jurisdiction over air contaminants. iv. Setbacks from Structures: The RRC does not regulate how close a gas well can be drilled to a residential property. However, for a well within the city limits, the city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is a law in the Municipal Code, Section 253.005(c), which provides: "A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence." 19. How long does the RRC allow an operator to flare gas from a new well completion until the gas is then connected to the pipeline? RRC regulations generally allow gas to be released for a period not to exceed ten (10) producing days after initial completion, recompletion, in another field, or work over operations in the same field. However, the RRC may grant exceptions to this rule under certain circumstances. 20. Is an oil or gas operator required to perform an environmental study or something similar? Oil and gas operators are not required to perform an environmental study; however, operators are required to follow all RRC regulations, which are designed to ensure protection of the public and the environment. As part of this requirement, they must obtain and file a "Water Board Letter" from the Texas Commission on Environmental 11 Quality (TCEQ) that identifies the depth to which fresh water must be protected so the well can be designed to ensure protection of subsurface freshwater. 21. What is the RRC language or requirement with regards to roads? As previously stated in 18.b.i. above, The RRC does not have jurisdiction over, and exercises no regulatory authority with respect to, private or public roads or road use. However, the sampled cities have setback requirements for public roads. The table below illustrates the requirements: Denton 75R by Firc C'odc Ft Worth Staff did not idcntiA any rcquircmcnt Lewisville 75ft from any public strcct or road Arlington 75ft from any public strcct or road Weatherford 50ft from any strcct RONV or public alley Corinth 75ft from any, public street or road Roanoke 5OOft fi-0111 am public strcct or road Flower Nlound 500ft from any public strcct or road 22. What chemicals are used during drilling operations? Are City departments notified, and does the City notify hospitals and EMS departments? The following table provides a list of chemicals generally used during drilling operation, along with other relative information: Health Antifreeze Eth% Onc UN col 107-21-1 11 O GA 30 N.A. Barite Barium Sulfate 7727-43-7 2U-oUO LB 3O N.A. Bcntonitc Natural ClaN 1302-78-0 I5-000 LB 3U Health l3nike Fluid Ethylene Glycol 107-21-1 1 10 GA 3O N.A. Calcium CaCI N.A. 375 LB 2 Chloride Health Caustic Soda Sodium Fhdroside 1310-73-2 400 LB 30 N.A. Corrosion N.A 150 GA 365 Inhibitor N.A. C'ottomeed Shredded plant 24 -A. 1.500 LB 3u Hulls product 12 Combustible Dicscl Rciincd hN drocarbon 08476-3)4-0 1 U.oOO GA 3U Health Foamcr 2-buto\Ncthanol 1 1-70-2 15(1 GA 3(,5 N.A. GclCX Poly aci- lamidc Multiplc 5U LB 3(1 N.A. Gcl-Tricron surfactant N.A. 25o GA ;U N.A. Hydraulic Oil Rciincd pctrolcum Multiplc I I(1 GA 3U dist. Health, fire hrvlon Spray Paint Multiplc I U GA ~U paint N.A. Lignitc Humlc material 141 IM) LB 3U N.A. Limc Ca(OH), 1105-t,2-U 20o LB ;o Health, fire Motor Oil Pctrolcum lubricant Multiplc 2?o GA ~O Health, fire Paint Thinner Nlincral spirits 8 o52-41-3 ? GA o Health, fire Poly Pac CarboyN mcthv 1- 0004-12-4 20o LB 1U Ccllulosc N.A. PolvPlus Anionic x;4742-47-8 5~1 GA ;O Poly acrvlamidc N.A. R Li"nosulfatc N.A. 2oU LB 2 N.A. Socla Ash Sodium carbonatc 4t)7-1l)-18 20O LB 3(1 N.A. Thread Parrafinic mineral oil 64742-50-3 25 GA ;O compound These chemicals are submitted to the Fire Marshall as part of the requirement before the issuance of a gas well permit. According to the Fire Marshall's office, the City of Denton does not provide this information to any hospitals, City Departments or EMS department. However, the list is public information and is readily available upon request. 23. Gas Well Application Fees Comparison: City of Denton ■ Gas Well Plat Fee: $200 + $6 per acre ■ Gas Well Amendment: $250 ■ Gas Well Inspection Fees (per well): $1,200 ■ Water Shed Protection Permit (if required): $1,300 City of Fort Worth ■ New Well Permit Application: $3,000 ■ Amended Permit: $540 ■ Extended Permit: $270 ■ Transfer of Operations: $720 ■ Seismic Survey Inspection: $360 ■ Annual Fee (per well): $500 ■ Fracture Pond: $500 ■ Regulated Pipeline: $1,500 ■ Compressor Facilities: $500 13 New Proposed Fees to Council: ■ New Permit Application Fee that requires a City Council hearing: $5,000 City of Lewisville ■ New Gas Well Permit Fee: $10,000 ■ Applicant pays all other fees as may be required. City of Arlington ■ Gas Well Permit Application Fee: $2,500 ■ Inspector Fee: $12,000 ■ Annual Administrative Fee: $2,000 ■ Sign Installation Fee: $100 ■ Amended Permit Application Fee: $750 ■ Appeal Fee: $750 City of Weatherford ■ New Gas Well Application Fee: $5,000 ■ Annual Renewal Fee: $2,500 City of Corinth ■ New Gas Well Application Fee (per well): $8,000 ■ Applicant also pays for all other department review fees as may be required. City of Roanoke Not available Town of Flower Mound ■ New Gas Well Application Fee (per well): $10,000 ■ Transfer of Operations: $720 ■ Annual Fee (per well): $500 OPTIONS 1. Direct staff to proceed with the proposed amendments. 2. Direct staff to take another direction. EXHIBITS 1. Table of Comparative Analysis (Updated with new information) Respectfully submitted: Prepared by: Mark Cunningham, AICP, CPM Director of Planning and Development Nana Appiah, AICP 14 w - - s s. _ dso s s' ~e = G a a y -L L m a p ~ c G L ~ = as = ~ _ a a _ y - - s. s i = L~ a _ i = en b _ R a ~ T R c 7 41 = c 'L _ ~ _ _ c L o _ G ~ Sy - _ ~ _ L u 3 G ~ N CC a O ~ ~ a. w ~ - - - a, a o = ? o A 5 :gam A It A oo roo Lcu = y { en = ~ d ~ A LL ~ O d C O r A ~ O N C C - C m ~ = m ~ A ~ m O O O P. y b _ N d O F F b 40~ -0 O U8 09 U0 -0 3o C b O O 0, lu u 0 eCna. eCn a a~' ~ N EE~ ~ m~~~~ o 0 C m - 401 9 ~ - O go p = - m K~~ 0p b ~ Oz 3 o 4 o y, m'O - m + C o b P. F b m m o« G o O x 2 o o C C ro m C O O u o 9 O~~ C W _ _ _ O C .y~ 7 m N 7 m N W T 7 b a . 'S o m ° d . ~ C ~ ~ = m d mm ~ P~ o y m ~ - 'U a4 C m C d _ O M 4MI CO f+' - - - ~ O ~ O C ti - Oq dC~ Oq ~ c C A C w F. O i3 C - - ~ as 3 ~ b Wro O 81 7 N a ~Nz - - ~ ,C [d A 3 - F» F» - = bC w0 = 7 N O j 5 B - - fi - - fi a a to-iAnvil - _ - a i i Polls ~ oao = y fi a 4 OHIO! q o - fi - _ CJ = O fi AGENDA INFORMATION SHEET AGENDA DATE: Apri120, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the draft Denton Property Maintenance Code. BACKGROUND: In October 2007, a City Council Committee was appointed to address property maintenance code issues. Council members Charlye Heggins, Chris Watts and Joe Mulroy were appointed to this committee and they held their first meeting in November 2007. This committee set as their mission: "to improve the quality of life and standard of living for all citizens, and set to accomplish its mission through a collaborative process whereby city staff, Council and citizens of our community would evaluate our existing codes to determine the need for modification and/or adoption of new codes relating to property maintenance issues." In an effort accomplish this mission, the Council Committee appointed a Citizens Committee to work with staff and the Council Committee on addressing this issue. The Citizens Committee held its first meeting in March 2008. Between the two committees, there were over thirty meetings held to address this issue and citizens were given an opportunity at each meeting to give their input. Staff also visited with several citizens to address specific concerns raised and worked with them in drafting language to address their concerns. The agendas, minutes, draft documents and other pertinent material related to property maintenance issues have been posted on the City's website (www.cilyofdenton.com) on a page created just for property maintenance issues. On March 3, 2009, the Denton City Council adopted Articles I-XII, of a new Chapter 17 "Property Maintenance" Code into the Code of Ordinances of the City of Denton. However, Chapter 17 did not contain regulations related to substandard or dangerous structures. The Council Committee, Citizens Committee and staff have been working on these issues, which are now contained in Article XIII of the draft Denton Property Maintenance Code. The draft Denton Property Maintenance Code has merged Articles I-XII of the new Chapter 17, with Article XIII, as amended with staff recommendations. This document has been reviewed by the Legal Department. The City Council Committee and the Citizens Committee held a joint meeting on April 12, 2010, to review the draft Denton Property Maintenance Code and recommended some final revisions to the document. The draft Denton Property Maintenance Code contains the recommended revisions. This document accomplishes the City's goals of placing all property maintenance related information into one document; adds language that allows staff to address certain complaints from residents; and formats the document so that it is easier for citizens to read and understand. ADA/EOE/AREA «««.ci N-Wenton.com (TDD 800-735-2989) 4/16/10 draft Denton Property_'lilaintenance Code Page 2 of 2 Staff is grateful to the Council Committee, Citizens Committee and the residents of Denton for their hard work, input and patience. The members of the Citizens Committee in particular spent many hours reviewing and discussing proposed language with staff. The members of the Committee include: Dalton Allen, Karen DeVinney, Effie McQueen, Larry Mullen, Marie Nuchols, Barbara Russell (Chair), John Weber and Josh White. RECOMMENDATION Staff recommends adoption of the draft Denton Property Maintenance Code. PRIOR ACTION/REVIEW (Council, Boards, Commission): • February 17, 2009, City Council Work Session review of Articles I-XII of the Property Maintenance Code • March 3, 2009, City Council adopts Articles I-XII of the Property Maintenance Code • The Council Committee and Citizens Committee on Property Maintenance Code Issues recommend approval of the draft Property Maintenance Code. FISCAL INFORMATION: None. Respectfully submitted: John Cabrales Public Information/Intergovernmental Relations Officer ADA/EOE/AREA «««.citvUdenton.com (TDD 800-735-2989) AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Planning and Development, Building Inspections Division ACM: Fred Greene, Neighborhood Services SUBJECT Receive a report, hold a discussion and give staff directions regarding amending Section 25- 10.(b) of the City of Denton Code of Ordinances; and to consider an ordinance repealing Article X "Construction Advisory and Appeals Board" of Chapter 28 of the Code of Ordinances; create a new Article X within Chapter 2 of the Code of Ordinances; provide a severability clause; and declare an effective date. BACKGROUND 1. Change in House Numbering Requirement: The existing house numbering section in Chapter 25, Section 25-10.(b) of the City of Denton Code of Ordinances requires the minimum size of house numbers to be three (3) inches high. However, Chapter 17 of the proposed Property Maintenance Code, Section 151(b) states that house numbers shall be at least four (4) inches high. To make both codes consistent, staff is recommending that Chapter 25, Section 25-10.(b) be amended by changing the minimum numbering height requirement from three (3) inches to four (4) inches. This change will also be consistent with the minimum numbering height requirement of the City adopted Fire Code. 2. Relocation of Article X: In March of 1999, the Denton City Council adopted Ordinance 99-098, resulting in the creation of Article X. Article X combined several appeals boards, specifically the Plumbing and Mechanical Board, the Building Code Board, and the Electrical Code Board into the current Construction Advisory and Appeals Board (CAAB). Article X is currently in Chapter 28 of the Code of Ordinances. However, due to changes to Chapter 17, Pr'oper'ty Maintenance, and future anticipated changes to Chapter 28, Building and Building Regulations, staff recommends that Article X be relocated to Chapter 2, Administration, of the Code of Ordinances to be grouped in a chapter that is more appropriate for the City's Boards, Commissions, and Committees. 3. Hear Appeals and Variance Requests: Along with relocating Article X, staff is recommending that authority be given to the CAAB to hear appeal and variance cases associated with Chapters 13, Food and Food Service Establishments, Chapter 14, Health and Human Services, and Chapter 17 Property Maintenance. Agenda Information Sheet April 20, 2010 Page 2 4. Appointment of Alternate Members: The CAAB is currently comprised of seven (7) members that represent several areas of the construction industry or related areas including: plumbing, general contracting, architecture, engineering, electrical, home building, real estate sales, etc. The Board members are appointed by the City Council and serve for two (2) years. During the past ten (10) years, the CAAB has been hearing cases that are relative to substandard housing, building code compliance, and variance requests. Staff is recommending that Article X be amended to allow for two (2) or more Alternate Members in addition to the aforementioned seven (7) regular members. These alternate members will provide further assurance that there will be a quorum present of at least 4 (4) Board members for regular cases, and at least six (6) members present to hear variance cases. Staff, with the endorsement of the Fire Marshal, is also recommending that in cases involving the Fire Code, if no current board members are experts in fire related specialties, the City Council may allow one (1) or two (2) alternate members to hear and vote on fire matters. In addition, these fire experts will serve as advisors to the Board. 5. Appointment of a Vice-Chair: Staff is recommending the creation of a Vice-Chairperson position to sit in place of the Chair when the Chair is absent. The Vice-Chair will be elected by the members of the CAAB. 6. Appeal Application Clarification: The last recommendation by staff clarifies that an application for appeal to the CAAB has to meet specific criteria such as questions of interpretation, applicability, or new or alternative practices. PRIOR/ACTION REVIEW 1. In March, 1999, the Denton City Council adopted Ordinance 99-098 resulting in the creation of Article X; 2. On March 3, 2009 the Denton City Council adopted Articles I-XII of Chapter 17, the Denton Property Maintenance Code. 3. On April 15, 2010, the Construction Advisory and Appeals Board reviewed these recommended changes and voted affirmatively to recommend adoption of this Ordinance to the City Council. FISCAL IMPACT There is no fiscal impact with the adoption of this Ordinance. Agenda Information Sheet March 2, 2010 Page 3 OPTIONS 1. Approve ordinance as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the ordinance as written. EXHIBIT 1. Proposed Ordinance Prepared by: Kurt Hansen Building Official Respectfully submitted: Mark Cunningham, AICP, CPM Mur 6ocu cnMDT&nw-AlftaA o.dioen ckc ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-10(B) "OWNER OR OCCUPANT TO PLACE HOUSE NUMBERS" OF CHAPTER 25 "STREETS, SIDEWALKS, AND PUBLIC PLACES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; REPEALING ARTICLE X "CONSTRUCTION ADVISORY AND APPEALS BOARD" OF CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; CREATING A NEW ARTICLE X "CONSTRUCTION ADVISORY AND APPEALS BOARD" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 25-10(b) "Owner or occupant to place house numbers" of the Code of Ordinances is hereby amended to read as follows: b. The house numbers shall conform to the requirements of Section 17-153(b). SECTION 2. Article X "Construction Advisory and Appeals Board" of Chapter 28 of the Code of Ordinances is hereby repealed in its entirety, and replaced by a new Article X "Construction Advisory and Appeals Board" of Chapter 2 of the Code of Ordinances of the City of Denton, to read as follows: See. 2-260. Purpose. In order to hear and decide appeals of orders, decisions or determinations made by the building official, code official, or fire marshal relative to the application and interpretation of the requirements of this Code and all other applicable codes of the City of Denton, there shall be a Construction Advisory and Appeals Board. The board shall also hear any other matters that are appealable pursuant to chapters 13, 14, 17, 28, and 29 of the Code of Ordinances of the City of Denton, Texas. Sec. 2-261. Created. The construction advisory and appeals board consists of seven members, each to be appointed by the city council for a term of two years, commencing July I of the year appointed. A member may be removed for cause by the Council after a public hearing. All seven members shall serve until their successors are appointed. To the extent that persons are available within the city, the board shall consist of one general contractor, one architect or engineer, one person from the plumbing industry, one person from the electrical industry, two individuals who are associated with the construction, development or real estate industry, and an additional member. All cases shall be heard by a minimum of four members except for when consideration of variances as described in section 2-262(x)(3) are involved, such cases shall be heard by a minimum of six members. The building official shall be an ex officio member to this board and shall act as secretary to said board but shall have no vote on any matter before the board. -1- 510ar D=cftnUW)rdma~XIM=b ordinaocc.doc Alternate members for fire cases. In cases involving the International Fire Code, if no members have experience and training in matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems, the City Council may allow one or two alternate members who possess the qualifications required for board membership to hear and vote on fire matters. Alternate members. The City Council shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership. Sec. 2-262. Procedures and powers. (a) The Construction Advisory and Appeals Board shall adopt rules to govern its proceedings, provided the rules are consistent with all adopted codes and statutes of the state. The board shall: (1) Elect a chairperson, who may administer oaths and compel the attendance of witnesses. (2) Elect a vice chairperson, who will chair in the absence of the chairperson. (3) Hear and determine, by a majority vote of the members, appeals from any decision of the building official, code official, or fire marshal made pursuant to chapters 13, 14, 17, 28 and chapter 29 of the Code of Ordinances of the City of Denton, Texas after proper notice has been given. (4) The concurring vote of seventy-five (75) percent of the members of the board is necessary to grant variances to any provisions of chapters 13, 14, 28, and 29 of the Code of Ordinances, subject to appropriate safeguards, and after a determination by the board that a hardship exists which would be cured by the particular variance sought. (5) Maintain jurisdiction of questions involving article XIII of chapter 17 of the Code of Ordinances, as authorized therein. (b) The powers of the board are hereby extended so as to authorize the board to make reasonable interpretations or rulings in matters properly before it pursuant to section 2-460. An application for appeal shall be based on a claim that the true intent of the Code of Ordinances or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the Code of Ordinances of the City of Denton, other than the limited authority to grant variances as provided in this Section. (c) The appeal procedure shall be as follows: -2- SACW Do gntsV)rdman %Ifta6 urdlaanca.dm (1) Any person aggrieved by a decision of the building official, code official, or fire marshal under this chapter may appeal such decision or order to the. construction advisory and appeals board. Every appeal shall be filed in writing within 10 days from the date of the decision or order appealed from and shall be filed with the building official. Such notice shall contain appropriate reference to the decision or order appealed from, as well as the grounds of the appeal. It shall be the duty of the building official to notify the chairman of the construction advisory and appeals board and the proper code official. (2) The amount of the fees for appeals shall be set by the city council by separate ordinance and shall be on file in the office of the building official and the city secretary. (3) The building official shall transmit to the board all relevant records and data upon which the appeal was taken. (4) An appeal shall stay all proceedings in connection with the decision or order appealed from, unless and until the building official certifies to the board, after notice of appeal has been filed, that a stay would cause hazard to life or property. In such case, proceedings pursuant to the decision or order of the building official shall not be stayed except by order of the board or by a restraining order issued by a court of competent jurisdiction. (S) The board shall fix a reasonable time for the hearing of an appeal, giving notice in writing to the parties in interest, and shall reach its decision within three days from the close of the hearing. The appellant may appear before the board in person, by agent or by attorney and may present material witnesses. The board may require additional data and tests necessary for adequate decision of the appeal and may continue the hearing therefor. (6) The board shall have the power in all cases appealed to it from decisions or orders of the building official to reverse or affirm or modify, in whole or in part, the decision or order appealed from. No decision of the board shall vary or be inconsistent with the terms or provisions of this article. (d) It shall be the duty of the board to make an annual review of the provisions of this chapter and to recommend any necessary changes and/or improvements to the city council. This review shall include consideration of suggestions from contractors and the public at large, which may be obtained by means of open hearings as well as through regular channels. (e) That any and all references to the building code board, electrical code board, and plumbing and mechanical code board as may be found in the Code of Ordinances, City of Denton, Texas shall hereinafter be construed to mean the construction advisory and appeals board for all purposes. -3- SMW Da:umeMW)rdNanaaL aA wditunce.dw SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -4- This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Economic Development ACM: George C. Campbell, City Manager SUBJECT CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RENEWING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. (Economic Development Partnership Board recommends approval 7-0) BACKGROUND The City of Denton first adopted a Tax Abatement Policy in 1989. In accordance with Chapter 312 of the Texas Tax Code, we are required to have a policy in place when tax abatements are awarded. Tax abatement policies are valid for two years and must be readopted or replaced. The last Tax Abatement Policy was adopted on February 5, 2008. The 2010 Tax Abatement Policy was modified to encourage green business by incentivizing environmentally sustainable practices and renewable energy projects to include: Leadership in Environmental Energy (LEED) certification, recycling initiatives, the incorporation of clean technology and renewable energy projects. The Policy also includes a new application for green building projects (Exhibit B). No substantive changes have been made to the remainder of the policy. City Council reviewed the proposed policy at their April 6, 2010 meeting and provided staff with direction to accept the recommendations of the Economic Development Partnership Board and to include the following additional changes: 1. Page 2 - Removed the notation below the chart indicating the threshold may be waived for projects with environmentally sustainable or renewable energy components. 2. Page 3 - Removed the paragraph citing incentives for green businesses. Since the paragraph above this one had the identical information regarding incentives, we included a sentence into the existing paragraph to identify green businesses as an industry eligible for incentives. 3. Page 12 - Removed Denton County from question #10 in the application. PRIOR ACTION/REVIEW Economic Development Partnership Board reviewed the policy at their April 6, 2010 meeting and recommends approval (7-0). City Council reviewed the document at their April 6, 2010 work session. -1- FISCAL INFORMATION N/A EXHIBITS Resolution 2010 Denton Tax Abatement Policy Exhibit A: Denton Tax Abatement Application Exhibit B: Denton Green Building Tax Abatement Application Respectfully submitted: Linda Ratliff, Director Economic Development Department Prepared by: Erica Sullivan, Economic Development Analyst Economic Development Department -2- S:lOur Documents\ResolutionsUMax Abatement Policy Reso.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by Resolution No. 82000-028; and WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the five million dollar threshold and the maximum tax abatement percentage; to define professional positions; to make other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, on December 6, 2005, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, in accordance with Chapter 312 of the Texas Tax Code requiring that tax abatement policies be adopted every two years, the Policy was adopted on February 5, 2008; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex. Tax Code, allows the city to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abatement by passing resolutions Nos. R90-018, R98-004, R2000-028, R2001-020 and R2003-021, R2005-057, R2008-003; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Denton Policy for Tax Abatement; NOW, THEREFORE, S:IOur DocumcntslResolutions1101Tax Abatement Policy Reso.doc i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in A things approved and adopted. From and after the effective date of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy guidelines and criteria governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote of 3/4 of the members of the Council. SECTION3. The City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Policy. SECTION 4. This Resolution shall become effective immediately upon its passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the 20a' day of April, 2010, at which meeting a quorum was present and which meeting was held in accordance with the provisions of Tex. Gov.'t Code §551.001, et seq. PASSED AND APPROVED this the 2Wh day of April, 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 20 10 Tax Abatement Policy DENTON POLICY FOR TAX ABATEMENT 1. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this Policy, will be available for new and/or existing facilities and structures and for businesses wanting to locate, expand or modernize, existing or new facilities and structures, including, without limitation, basic industries, corporate office headquarters or distribution centers, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vernon Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Requests for tax abatement shall be reviewed by the Economic Development Partnership Board ("Board"), the Board being comprised of two City Council members, two Chamber of Commerce Board members, two representatives from the top twenty taxpayers, and one representative from the University of North Texas. The Board serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Board or presented to the Board. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of the Board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the Board in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particular project. 2010 Tax Abatement Policy Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, economic development and human health and the environment. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table: TABLE 1: Establishes a framework for considering the length and percentage of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN MILLION DOLLARS ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% To qualify, companies must meet the minimum. threshold of the Policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: ■ The project will occupy a building that has been vacant for at least two years; • The project will create high-skilled, high-paying jobs as documented by the applicant; (A breakdown of number of jobs per job classification and entry level wage per classification will be used to determine eligibility); ■ The project will involve a significant relationship with one of the two universities in Page 2 of 18 20 10 Tax Abatement Policy Denton; ■ At least 25% of the new jobs created by the project will be filled by Denton residents; ■ The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level); ■ The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); The project will donate significant materials/equipment to the public schools (to qualify, donation must be approved by DISD and City Council); ■ The project will create improvements to the Denton Central Business District; ■ The project will result in the formation of a business park; The project is an international or national headquarters facility. The project is a medical manufacturing or research facility. ■ The project incorporates significant environmentally sustainable practices to include: Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives or the incorporation of clean technology. ■ Renewable Energy will be generated, stored or utilized for the project on an ongoing basis. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If the abatement is approved, the City may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. When the City of Denton determines that incentives are required to retain existing businesses, which propose to improve or redevelop property within the City limits, the Denton City Council may consider these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement. The City of Denton may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs. New or existing businesses that incorporate environmentally sustainable practices or have a renewable energy component may also be considered "special projects." Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Professional jobs are defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge; a calling requiring specialized knowledge and often long and intensive academic preparation; requires some research, analysis, report writing and presentations. Special licensing, certification, or registration may be required to perform the job Page 3 of 18 2010 Tax Abatement Policy task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective in the application of an organized body of knowledge that is constantly studied to snake new discoveries and interpretations or to improve the data, materials and methods; may involve some supervision and budgeting/planning," A business park is .defined as a multi-building, multi-tenant, master planned complex of approximately one million square feet or more of under roof, constructed to house manufacturing, distribution, assembly, and office facilities. Leadership in Energy and Environmental Design certification is a voluntary internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, C02 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and locations and linkages. When the City determines that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this Policy, the City may waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this Policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Preliminary Application IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. A separate application is required for projects seeking LEED Certification. C. Applicant shall prepare a map or other documents providing the following: Page 4 of 18 2010 Tax Abatement Policy precise location of the property and all roadways within 500 feet of the site ■ existing uses and conditions of real property ■ proposed improvements and uses ■ any proposed changes in zoning compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. D. A complete legal description shall be provided. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. E. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. F. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. G. Copies of the complete application package and staff comments will be provided to the Board. H. Fiscal agents of the City will review the application for comments and recommendation. Additional information may be requested as needed. Consideration of, the Application I. The Board will consider the application at a regular or called meeting(s). Additional information may be requested as needed. I The recommendation of the Board will be forwarded, with all relevant materials, to the City Council. K. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. L. The City Council shall hold a public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. M. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. Page 5 of 18 2010 Tax Abatement Policy N. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and termination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. Annual Evaluation Upon completion of construction, the City Council shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures. Local Businesses and Hisitoricall Underutilized Businesses Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. Page 6 of 18 2010 Tax Abatement Policy r The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Job Recruiting from Low-Moderate Income Census Tracts Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available, full-time or part-time employment with on-the job training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined in the Concentration of Low/Mod Income by Block Groups shown below. DENTON,TEXAS Concentration of Low/Moderate Income households by Block Groups HK c a' "4 W~ • ti _ w ~ S LQ ' I ~ N Y Concentration of Low/Mod y Income by Block Groups 1 a 0-50% 51%-60% 'i 61%-70% 71%-80% asF 81%-90% 91%-100% SSE Source. 2000E U.S. Census Z _ t~Rgp ppF _ Page 7of18 ` 20 10 Tax Abatement Policy EXIMIT A The City of Denton Tag Abatement Application About theApplieation... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application and the Agreement.. Specific information from the Application (such as value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're. comfortable with the contents. When Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What about Confidentiality? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement, agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial information which you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application? Because the Application itself is non-binding, the person signing need not be the property owner or even an Page 8 of 18 20 10 Tax Abatement Policy individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. i Page 9 of 18 2010 Tax Abatement Policy r EXHIBIT A CITY OF D NTON City of Denton Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7776 (940) 349-8596 FAX www.cityofdenton.com Linda.Ratliff(a?,cityofdenton.com Page 10 of 18 2010 Tax Abatement Policy r APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS 1. Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. 3. Provide a record of mergers and financial restructuring during the past 15 years. 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? 5. Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Page 11 of 18 ` 2010 Tax Abatement Policy 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. - Attach map of project including all roadways, land use and zoning within 500 feet of site. & Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). 4. Increased Value/Estimated Total Cost of Project. Structures $ Site Development $ Personal Property $ Other Improvements $ 10. Indicate percent of tax abatement and number of years requested. Percent Requested Years Requested List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infrastructure Assistance $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. Page 12 of 18 2010 Tax Abatement Policy 12. Describe any off-site infrastructure requirements: • Water • Wastewater • Streets • Drainage • Other 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) / A. Total number of permanent, full-time jobs B. Employees transferred from outside Denton C. Net permanent full-time jobs (A. minus B.) E. Total annual payroll for ail permanent, full-time jobs (A.) F. Types of jobs created. List the job.titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Indicate the number of shifts the project will operate Page 13 of 18 2010 Tax Abatement Policy H. Estimate annual utility usage for project: Electric kWh Water gpd Wastewater gpd Gas mcf 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). 15.' Is property zoned appropriately? Yes . No Current zoning. Zoning required for proposed project. Anticipated variances. 16. Is property platted? Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. Page 14 of 18 2010 Tax Abatement Policy F 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the financial viability of the project. Submit attachments if necessary. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. I 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? 24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy). Page 15 of 18 2010 Tax Abatement Policy v This tax abatement application is submitted with the acknowledgement that additional certified financial information may be required. Authorized Signature Date: EXMBTT B CITY OF D N ON Page 16 of 18 ' 20 10 Tax Abatement Policy Y City of Denton Green Building Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7776 (940) 349-8596 FAX www.ciiyLofdenton.com GREEN BUILDING APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS I. Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Page 17 of 18 c 2010 Tax Abatement Policy i Mailing Address Telephone Fax No. Email Address 2. Project location address: 3. Provide documentation that the project has been registered with the U.S. Green Building Council. 4. Provide a description of the project (please include the building size, number of occupants and estimated budget). 6. Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illustrating how project will achieve the LEED certification. Level of Certification: Number of Points: This Green Building Tax Abatement Application is submitted with the acknowledgement that additional information may be required. Authorized Signature Date: Page 18 of 18 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of gasoline and diesel fuel in accordance with provisions of state law exempting such purchases from requirements of competitive bidding, and providing an effective date (File 4496- Emergency Purchase of Gasoline and Diesel Fuel to Martin Eagle Oil Co. in the estimated amount of $426,000). FILE INFORMATION On February 22, 2010, the City of Denton was made aware that the City of Fort Worth had allowed the fuel contract utilized by thirty-one area entities to lapse effective March 1, 2010. Tarrant County agreed to become the lead entity and rebid the fuel contract for all cooperative members. The new contract was awarded by Tarrant County Commissioners Court on April 6, 2010. The City of Denton chose to join the cooperative agreement with Tarrant County to take advantage of the approximate 10 million gallon fuel volume contract. Fuel acquisition during the interim time period of March 1 through April 20, 2010 which is estimated at $426,000 has been declared an emergency. Invoices for the March 2-March 19, 2010 time period are attached as Exhibit 1. The invoices for the remainder of the interim time period will not be submitted to the City until May 1, 2010. This estimate includes 19,500 gallons of gasoline and 150,000 gallons of diesel. Martin Eagle Oil Co. of Denton has been able to hold the contract price even though no contract actually existed. RECOMMENDATION Approve the emergency purchase of gasoline and diesel fuel from Martin Eagle Oil Co. in the estimated amount of $426,000. PRINCIPAL PLACE OF BUSINESS Martin Eagle Oil Co. Denton, TX Agenda Information Sheet April 20, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT The fuel purchases totaling the $113,474.77 took place on an as needed basis between March 2, 2010 and March 19, 2010. The total estimated invoice amount through April 20 is estimated to be $426,000. FISCAL INFORMATION Fuel is purchased from Fleet Services Operating Budget accounts 820100.6408 and 820100.6410 (Gasoline) and 820100.6418 and 820100.6420 (Diesel). This cost is then charged back to the using department. EXHIBITS Exhibit 1: Invoices dated 3/2/10 through 3/19/2010 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4496 Exhibit.1. a .1. 0.3 LL) 2 1 PA A 0, C 3Nrirjlw: INvo-c:~ r;a ship a ato Q3107/10 SHIP TO; om'.'cmi CIm ®F TO; CITY, Cif AIZ - R E_`' sJ 12.1 c_; K 2`15 TE' [ufCKINNEY STREET 2115 B. MC.` INN Y STREFT DENTON:, Tx 76,201-4299 DENTON, TX 76201-4299 i~u~.} F ~ccriur r H~ urn _ ~ _ Vic: a is sx- -r ay T1R. z, Prn.C3.13r.1r code./. Grow Met Pr:i.c<~ DC~'~.t7t.3=~~ ~t~1Ti1:.1.1.Y t€an}-. f si 1+.:~r-}3 tir~,=ti_ ~y B/L ..NL t i}' s3;. C E%t. - 4 S : 49740.00 1 XX TE _S DIESEL f;'UEL t OES NOT CONTAIN: XX VI:~;_ ; I.O EVI.DENt E OR DYE.. 401 UL CLEAR TXLED DIESEI3. 14390.0 1,395-0-), . 2.139700 2,984,88 FRT :FREIGHT TRANS. LOADS 1. F} 45 . 080 0 O0 45,00 FED OIL SPILL. b1 .:.C0.NV/D188L 1,3.9'.5 a:0 0'()01q0_5 2.66 `I'X ProducL Delivery Fee. 1.,39:5.Q 3.75 TX Fuel. Tax D ss? 1,395..0 0..200000 279.00 Peel Excise Tax 1?.i, .t..l /C Permit Number. 715-6000514 . Identifies Bi1„1c-d Quantity 03/31/10 ,tai.: 3,316.69 RFa Ct1"101,:1 E PRODUCTS PiAY ?:`a t - P' t7 . TO 100z; E_'q b. M7 jllji=j EAGLE RIC-DIESEL PRODUCTS A_;~E NOW AVAILABLE ~.6V - Pail Z its i VO r'£ #9eiM 1 03/05/10 + A6C 0 442.04 Ship ILL: 03/05/1( SHIP SOLD TO: DENTON,. CITY OF TO: D, •\CITY OF, LANDFILL ARIS 21S E. MC1f 1NNEY ST E5T .1527 MA.Y'r ILLS ROAD i3EN`[ON, TX 762.0174299 DID TON, TX 76201-4293 ttNEli ACCpVEtY(t6. _ -,VIA Bf~.L : 7f15 Net; prict. 1~~r °?t)f:ion UElIiAt.] ..'B/L NIUMber-- .:8862 T: 3 4 S-, 49740007 :TITS X583, Ptr,ET. I?5 NOT C Oz 1~, IN . , W OF DYE. 40-1 G, 0~3z3 < ? LL CLEAR TXL ED D:ILSEL -7, 501- 0 7,495.0* 2,146500 TX Product . Delivery Fee 7,495.0 11, .175 TX Fuel Tax Dies! 7r 495. O 0.200000 3,499.00 FED UST FE R. DIESEL 7, 4 9:5. o 0.001000 't . ~0 FED OIL SPILL LIAR COXV,/DTB8L 7,495,0 0,601905 14.28 fed Excise Tax DJ 8t.iI `NIC Pertuit Xumber. 75-6000.514 xdenl ies E l e.aaritity4/[3,/1RPM ~."7 , 62 0 . 55 RFG :GASOLINE 'PRODUCTS MAY C NTAIH ZOP TO 10 P`I`I-TANOL. MARTIN EAGLE OIL EPA ID4 5 459 SC -D. E' ,b. PRODUCTS .AIRE NOW f,VATLABLE WAr 2 4 6 -12 0 3 Ship Dato: 03/05/10 3OLD TO: DEN TON, `I"X t3 TO., D NTON, CITY OF f'~FzIS Ltrt_ TRUCK 215 E. MCKINNEY STREET 715 E. MCKIDINEY STREET DENTON, TX 762.01-'4299 DENTON., TX 76201-4299 sues p Id,1..'•ia iltk4S [?t).irU'ntitii. ACC-MIrNO. SOWN „ ..'LJ ~w'J ell .Product Code/... Gross Wet Price B/L Numbe..r - r 137010 T: " 2 S XX THIS. DIESEL :FUEL. `DOES NOT CONTAIN XX V1,01IBLE EVIDENCE or DYE 401, L 'j;c•~a..Q ?,.5C7(~.OR' 2.i3~i5(;~ 273.7 C".,MAR `'Xl-ED DIESEL 57ftEIGHT TRANS. LOADS 1;0 45.00.0000 4 . ,G0 25 TX Product Delivery Fee 1 , o 3.7S0000 3 .'7! FED OIL SPILL LIAS CONV/DIESL ;1,500.o 0.401905 2.86 `I'X VU(!l Tax Siesl 11500.0 0.200000 300. GO FED LUST FEE DIESEL 1'500k 0 0,001000 1.50 Vod Exq.ise Tax Distil WC Permit Number ' 75--6400514 * IdeI'l tif7ea Billed Quantity 044/03/10 TOd~j 3,632.86 RF'G GASOLINE PRODUCTS .MAY CONTAIN UP TO 10. DTILANOL. MARTIN EAGLE. OIL PA ID# x.459 B.1.0-DIESEL PRODUCTS ARE NCQW AVAILABLE . (33 a mom uo ii; I _ - - YLtR.GYJUSi• E IPIVC3:{:i'.~ii;. i t,F~ 3',•.:9'- 0 46:'7X`3 ship 1) to : SCELt1 SHIP TO, DE4NTON, CITY OF tE3: DENTON, CITY OF' AR1S LURE TRUCK ,1J..S E. MCICINNEY STREET 2.15 2, MCKINNEY STIRl ET DEN'T'ON, 'T` 76201-4299 DENTON, T 762111-4299 f vs. rku?r'-BCq 3249 W- p T t~ a:1produ:ct Codg-V Gross: Net Price antic' ~~r L~ B L NUmbeV- . ..372'72-5 fi: .33. S; 15320081 XX 'I` 11: S DIESEL FUEL DOE .S NO'S CONTAIN. 401 1.11, f'adiiR `.1XIsED DIESE; 1,500.0 1,,499..0 202€4200 3,"(1-1.10 FRT. t t2E3:C LII T; AN8 LOADS 1 , Cl 45.000000 4 5 . 0 Q TX Product Delivowy Fo 1,499,0 '2.38 TX Fue1 Tax Die.:; 1,4993 0 0,200000 297.130 FED I..,U,;'F 4r'4{R D1ESUL J., !499., 0 0 , 001000 I e sQ FED OIL SPILL LIt° B CONV/DIF.,SI, 1,499A-) 0 . C70'l.t)o!t, 2.86 T d Excise. Tax Dist it lC Permit Number 757-60005.1;4 tdQntifles Billed pant 3 t r 04/08/10 ~ :1i [ 1~ t{ .s, Ca~~ f3 r1 RFG GASOLINE PRODUCTS MAY CONTAIN UP TO 10* ETILANOL. MART'I'N EAGLE OIL EPA 11 5459 BIO-DIESEL PRODUCTS ARE N(q AVAILABLE 7'. ty 4 3 _-......._~.0 `Y 6 ~i ~ ~~.r. Slip DaLe-t 03/1.0/10 SOLD SHIP 8,NTOh CITY of To: DENTON, C ITY OF To., AR I i3TsN'SON LANDFILL 15 1 A C'KS i TEY STREET 5w 7 l iYi ILL TAD DENTON, TX 762.01-4.299 TX 76.201.--4299 1 J IdF.3~s~~R hGGl3UtJ1 N;i. $~-It~V4~ ~I~y~~ t3G~i ~1T _ lt-.rar}. P)Jce Net SPY-, t`Y"3'f 1 C5 Y7 --Qua 'l~~,-:.1-.~-ti£_ fl, IVtc? X31. `S: 34 S: 49740047 XX `(.'PISS DIESEL. 1tt)EL Q.o S tjOT, CQN'.'AI 401 Ilk {'I~aR .1 'I`XL~ i~Il Df l!,SL , '500. 0 -7,50 3.. 0- x ,164-200 1 6 7, 503.0 0.001905 14 , 29 l;+'I^:13 OIL ,,PILL LSAT CONVfD:LM TX hioclucL Delivery Fee 7, 5.03, 0 1 1 . 5 0 T 'ttel. ax 1.)i.cs1_ 7,503.0 0,200000 1, F~oo, 6 PEA) T1I11971 MCC DIESEL 1' S03. 0 0.001000 7. 40 Fed Excise 'fax Distil W/C permit Nuoiber :75-.6000514 'jp 17,7 7 2, t CAA CL t C X ~E' aJl)E1€ 1'S- MAY CONTAIN UP TO 10 ETHANOL . - MARTIN EAGLE OIL EPA I Dif 54- Li I~ 10 -IF$:E PRODUCTS ARE DTJLV AVAILABL,F [ ~ PAGE NO. INVOICE DATE MARTineenote 003/12/10 i r, A Y, i Mt C , rn~El~ouse Ir;a"c~,rK s;o, - 2700 JAMES ST. DENTON, TEXAS 76M5 (941) 3113-2353 % METRO (972).4M-7851 0 0 31XX (940] 3$2-2342 Shia Date: 03/1.2/10 SOLD SE-11P TO: DENTON, CITY O TO. DENTON, CITE OF ARTS SERVICE: CENTER 215 E. MCKTNNEY STREET € 04 TEXAS STREET DB~MTON, TX 76201-4.29.9 DENTON, :TX 76201-4299 3'.D. NCSP,?[IEfi fiCGOL,tkf 130. SKP V#A 1.47, p 1 ORDER 7ER1A5 .r Da Product Code/ Gros . Net Price B/L Number-- .9332'i . :.34 S. 49740007 XX..T HIS DIESEL FUEL DOES NOT. CONTAIN . XX VISIBLE EVIDENCE OF DYE .4031. UL, CLEAR. TXLED DI SUL 7, 500.0 7,535,0* 2.190000 16, 501.65 1`X Products Delivery Fee 71535.0 11 .75 TX Fuel Tax Dies? 7,535.0 0.200000 1,S07.00 FSD LUST PEE DIESEL 7,535.0 0.001000 7.54 FED OIL SPILL LIAR CONY/DIESL 7,535.0 0 . 001905 14.35 Fed Bxci.ae Tax Di til ,N/C Permit Number 75-6000514 7,4 k Identifies Billed Quant it:y 04/10/10 1£3, 042.29 IRFC. GASOLINE PRODUCTS" 14 KY CONTAIN UP TO 10% ETRANQL. MPRTIN EAGLE OIL EPA TD# 5459 B IO-DIESEL PRODUCTS ARE NOW AVAILABLE J , 53 - e 0 465487 S:hllj Date ; 03/1.5/1.0 30H) SHIP 10: DENTON, CTTY OF TQ: DEI~` ON., CITY" OF I " LUBE TRUCE: 215 E, MCKINNEaY STREET DEN'I'ON, SEX 76203, -4209 DENTOio?, TX 76201-4299 s 3_t,a+sa~€i a1£GL'UN7Fd. _:.ti..... SIY ~'J Cia~ lFidtiis -G tie i T-3-2-4-9i I11-5 W- - ~dLE* I`1! t]"t~ss Net Price. Product Crude/ vizor ifi.y x...._ Each lw-X.~ €'.t1~,1 ~1~... B/L Number-. - 9615..T 3 S 49740007. XX THIS :IDIRSE:L MYL 1OES NOT CONTAIN XX V1.819LE EVIDENCE OF DYE, 4O7 3,329.33 11L CLEAR T LEL7 DIESEL L, 500.0 1 , 9-,02.0* 2. 2.16600 FRE.ICat T T:lZMS. LOPADS 110 45.00000 4.E .00 TX Prot?tact: Dol.ivexy Eaen 1,502,0 3.21 TX Fuel: ''T'ax Dies1 1,502.0 0.2100000 300.40 FED LUST PER DIESEL 1,502.0 0D 001000 1'. 54 kT1 OIL SPILL _IaI lI3 "CJ T/ TESL 1, 5.02.0 0.001905 . 86 F(-,-d Excise, Tax Dist-J , N/C " Permit umbex 75-60001i'14 Quantity 04/1:3./10 fdortti lay Billed iatF RFG GASOLINE PRODUCTS 14AY CON 'XIN UP '1O 10n ETHANOL, MARTIN . BAOLE 'OIL EPA 1D 5459 B10-7DINS. Eb PRODUCTS ARE NOW AVAILABLE ( Lf 0 Y' . tit) 11jV0;(;F DATE - 'tk:ktliC€15EINVt]fC.EiJCi, 4` Eii `i3. 23 # (t 0 J- --.._4 6 5 8 9 . Ship Date: 03/17/10 SOLD DENTON, CITY O.F s}~:I~ DENTOR, CITY OF 1 e~F IS DBNT0N LANTIFML 215 B. MCKINKEY STREET. 152.7 MAY;R.ILL RD DENTON, TX 76201-4.299 DENTON, TX 76201-4299 ~!C. Fil" aaEk '?r7~Q P10. SN3a V1A 1~"' i3 C1 ("1~' TERMS Product Code/ G3:030 Not Price Ile sc.-riPtion vantit~ tat itty_ Each I~Xt (-;ion- B/L Number-- 9$37 `1'; 34 5;.:4974.0.007 XX VISME EVIDENCE OF ME. n C13. 0), CLEAR 'I'XLEV WESEL. 7,500.0 .7, 505. 0 2, 195500', 1.6 , 471 . 2-3 FED LUST IFE;B DIES li 7, 505. 0 0. 001,000 7.51. FBD DIL sPILL LIAB C0NV/DlBSL 7,505.0 0-001905 14.30 TX PraduCt Delivery P,:! c 7s 505.0 I1.. 75 1'X m u e Tam B os1 7,505.0 0. 200000 1,501.00 Fed Bxc- se Tax Digtl-t N C },E.'.Y[iit Number 75-6000514 IcienL ifics Billed Quint ity 04/15/10 1€1, 0)-1..'79 RF( (',AS0fvf N PRCl17.LIC": FS MAY CONTAIN UP TO .10i' FTI-Ilu QL . MARTIN EAGLE OIL PA IDJJ 5459 BIt7~-DIESEL PRODUCTS ARB. NOW AVAILABLE o -m 1 03/_1.7/Ia 0 4 3j ~'Y+ 6 Ut~'G a 9 0 ~'.'p n? tj Ship Dates 03/17/3,0 L)L SHIP DELI` ON CITY OF. T 0., DENTON, CITY OF ARTS S): RVECE C:E.NTIPEI? 215 E. MCICTNNEY STREET 804 TEXAS STREET DE;NTON, TX 76201-4299 DENTON, TX 76201-4299 $A 4 f.t3t]Lf.}[3 R ACC{XJW"Q, SHIf~VYa - - ~r2 F?.._ 37r -Blue n - 3 0 - D y .s.._- Product Code/ Gross Net Price T).~.''won Y_~ Ltx ity _anti.ty, Ecia B/L Number-- 98557. 34 S. .40740007 200 _ RFG UNLEAD WIJ 0-06 ETHANOL, 9,00. ..0 9,022,0* 2. 193000 19,785.2S W Product Deli Ve y Fe 9,022.0 :15.00 TX Fuel. Tax Gla,s 9, 02 .0 O200000 1,804.40 FED 01h SPILL LTAB-10o ET H/1310 ~ra2v,0 S,001714 15.46 FED LUST PEE GASOLINE 9'0p'2_0 0.001000 9.02 ,yed )t!xc Aso- TYax Gas N/C Permit Number '75-6000514 Fuel Products NOT For Aviation Use 4 ! E Tr,1ent_i,f;i:es Billed Quantity 04/1.5/10 21 , ~2z3.:L3 R.FG GA80LINE PRODUCI'S MAY C:cUN`S'AM UP- TO 10% E'T`11i,240L. MART)"N EAGLE OIL EPA ID4 5459.. B10-DIESEL PRODUC'T'S ARE NOW AVAILABLE o ffirv, i ?s- ~FitC i;. iC tPlJf 13 C'L: i7J. ; hi f) Vast f s 03/19/10 SGt_Ia SHIP TO: DE NTOA, . CITY O TO: DEN`d'ON, CITY OF 215 B. MCKINNEY STREET 215 B. MCKINNEY STREET DEN`I"ON, TX 762.0.1-429.9 DENTON, TX 76201--4299 h tt.tdkr OL;t$ t~Catlu no. S1TVA R.U.L I.SE€G F[RtdS Product Code/ Cross t Price 4st 1 x B/b Numbnr- 10078 Tz 34 $4. 4974.0007 XX TII1S DIESEL FULL DOES NOT {aONTA II7 . XX VISIBLE 401 U1, CLEAR TXLED DIESEL 2,500.0 2,502.0--k 2 , 236 700 5,596,22 TX F?roducr Delivery Fee ..2, O2.0 7.50 TX PaeI Tax Dio~1 2,10.2.0 0.200000 500.40 14-111) .1aLlST 101,F, DIESEL 2,502.0 0.()01000 2.50 VED 011A SPILL L1AB. C0NV/DIKSL 2,502.0 0.001905 4. '77 V d Excise Tax Disti.1 :N/C Permit NLFalber 75--6000514 Identifies Di13_ed Quaa)tA y 04/17/10 6, 1.1..1. A 35) RPG GASOLINE PRODUCTS. MAY CONTAIN UP. TO 10o, BTLIANOL. MARTIN EAGLE OILY FrygspPAy p;~L~3}~s$ ~ 545 ~yy - i? 1 V 3J t Ci .L .PRODUCTS ~ARE 'leV'L3}Y fi~V.AT LAC7.7,J.E I q Zvi 4o ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF GASOLINE AND DIESEL FUEL IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4496-EMERGENCY PURCHASE OF GASOLINE AND DIESEL FUEL TO MARTIN EAGLE OIL CO. IN THE ESTIMATED AMOUNT OF $426,000). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $50,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city's residents under Section 252 of the Local Government Code; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city's residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved: ESTIMATED FILE NUMBER VENDOR AMOUNT 4496 Martin Eagle Oil Co. $426,000 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 4496 III l~I~ II ~ DE NLi A-A E-.,V LS 1%.ANAG2I.IENT DIVISION 901-B TEXAS STREET ENTON, TEXAS 76209 940034907100 * I 940034907302 MEMORANDUM TO: George Campbell, City Manager FROM: Tom Shaw, Purchasing Agent DATE: April 7, 2010 SUBJECT: Emergency Purchase of Fuel On Febmary 22, 2010, the City of Denton was made aware that the City of Fort Worth had allowed the fuel contract utilized by thirty one area entities to lapse effective March 1, 2010. Tarrant County agreed to become the lead entity and rebid the fuel contract for all cooperative members. The new contract was awarded by Tarrant County Corm ussioners Court on April 6, 2010. The City of Denton chose to join the cooperative agreement with Tarrant County to take advantage of the approximate 10 million gallon fuel volume contract. Fuel acquisition during the interim time period of March 1 through April 20, 2010 which is estimated at $426,000 has been declared an emergency. "Dedicated to Quality and Service " 11'11'11'.citb'Of Lelatoll.COl/t This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492- Interlocal Agreement for Gasoline and Diesel Fuel with Tarrant County, contract awarded to Martin Eagle Oil Co., in the annual estimated amount of $5,300,000). FILE INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. Under this Interlocal Agreement, bids were solicited for an annual contract to supply gasoline and diesel fuel. The bid is awarded based upon the mark-up charged by the supplier. The actual price of fuel will vary depending upon the DFW Oil Price Information Services Index (DFW OPIS) posted at the terminal the day fuel is picked up. The actual price will be the DFW OPIS daily average fuel price for fuel in a non-attainment area plus the markup amount. The City of Denton will receive the benefit of lower pricing by pooling its buying power through participation in this Interlocal Agreement. Fuel is delivered to the Service Center in 8,000-gallon tanker loads and to remote sites or jobsites in smaller quantities. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98- 175). Tarrant County Commissioners Court approved the award of Bid 2010-046 to Martin Eagle Oil Co., on April 6, 2010. RECOMMENDATION Award to Martin Eagle Oil Co. in the DFW OPIS daily average fuel price for fuel in a non- attainment area plus the markup amounts shown on the attached bid tabulations for gasoline and diesel fuel for an estimated annual amount of $5,300,000. Agenda Information Sheet April 20, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS Martin Eagle Oil Co. Denton, TX ESTIMATED SCHEDULE OF PROJECT The bid awarded through this Interlocal Agreement will expire on April 6, 2011 at which time there will be five (5) options to renew contingent upon all pricing, terms and conditions remaining the same. Tanker loads of fuel can be delivered within a 24-hour notice. Smaller quantities can be delivered within the same time period. FISCAL INFORMATION Fuel is purchased from Fleet Services Operating Budget accounts 820100.6408 and 820100.6410 (Gasoline) and 820100.6418 and 820100.6420 (Diesel). This cost is then charged back to the using department. EXHIBITS Exhibit 1: Notice of Award Gasoline Fuel Exhibit 2: Gasoline and Diesel Fuel Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4492 Exhibit 1 l~ C+ K-FERENCE NUMBER COMMISSIONERS COURT PAGE 1 OF COMMUNICATION BATE: 04/06/2410 FBJ NO. 2010-046 - ANNUAL CONTRAC'T' FOR I+UELS w COUNTYWIDE IOUS VENDORS - PER UNIT PRICE COMMISSIONERS COURT ACTION RE VESTED: It is requested that the Commissioners Court award Bid No. 2010-046, Annual Contract for Fuels, Countywide, to the following vendors at the per unit price; Primary Martin Eagle Oil Company Secondary Douglass Distributing Co. BACKGROUND., Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the .Internet, the American Indian Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Forty-seven (43) vendors were contacted and requested to participate in this bid process, All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. Ten (10) rids were received. Bids were evaluated by Transportation Services, the four (4) Maintenance Precincts, and Purchasing representatives, Two (2) vendors attended the Pre--Bid Conference held on February 18, 2010. Award recommendations are to the overall low bids meeting specifications. Fourteen (14) other governmental entities will utilize the contract resulting from this bid, which represents a combined total of 5.4 million gallons of fuel, Those fourteen (14) governmental entities are the Cities of Denton, Desoto, Duncanville, Euless, Grated Prairie, Grapevine, Hurst, Keller, Lancaster, Lewisville, North Richland Hills, Plano, Richardson, and Southlake. The term of the contract is twelve (12) months with five (5) options for renewal periods of twelve (12) months each. DISPOSITION BY COMMISSIONERS COUR'T' APPROVED EJ OTHER lkscribel SUBMITTED BY: Purrtiasin PREPARED BY: Tint ,Tones e° COMMISSIONERS COURT COMMUNICATION r~ • RJ~FBRENCE NUMBER: DATE, ~ 04106/2010 PAGE 2 OF 9 Therefore, it is the joint recommendation of Transportation Services, the four (4) Maintenance Precincts, and Purchasing that Bid No. 2010-046, Annual Contract for Fuels, Countywide, be awarded to the vendors listed above at the per unit price. FISCAL IWACT: The cost associated with this action is unknown at this time. This action simply sets the price for the item/commodity. Expenses for last year were approximately $1,183,225. 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AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4492-INTERLOCAL AGREEMENT FOR GASOLINE AND DIESEL FUEL WITH TARRANT COUNTY, CONTRACT AWARDED TO MARTIN EAGLE OIL CO., IN THE ANNUAL ESTIMATED AMOUNT OF $5,300,000). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4492 Martin Eagle Oil Co. $5,300,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2010-046), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i BY: 4-ORD-4492 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a 36 inch, 42 inch and 48 inch sanitary sewer line from east of Woodrow Lane across Ruddell Street to Mulberry Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 4481-awarded to the lowest responsible bidder meeting specification, Wright Construction Co., Inc. in the amount of $1,483,490). The Public Utilities Board recommends approval 5-0). BID INFORMATION The Pecan Creek Interceptor I project consists mainly of the construction of a new 36", 42" and 48" diameter sanitary sewer line which will replace the two main interceptors that run along the Pecan Creek from Sycamore Street to a point 3,000 feet east of Woodrow Lane. The project is required due to inadequate flow capacity in the existing interceptors to meet existing peak flows. The new line is designed to handle projected peak flow rates up to the build out condition in the year 2030. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on April 12, 2010. RECOMMENDATION Award to the lowest responsible bidder, Wright Construction Co., Inc., in the amount of $1,483,490. PRINCIPAL PLACE OF BUSINESS Wright Construction Co., Inc. Grapevine, TX ESTIMATED SCHEDULE OF PROJECT This project estimated to be completed within 210 calendar working days from notice to proceed. Agenda Information Sheet April 20, 2010 Page 2 FISCAL INFORMATION This project will be funded from account 640122540.1360.40100. Requisition 98242 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4481 C 0 0 X LO Ti U V cu ' U) U) v L j U ~ U N Cfl cu Efl 0 co O ~ O Cfl cu O W W 0- 70 - U) a) a~ 0 U) O 0 U ~ O O U O CO C - (1) LO Q ui N W W v U X cn a~ U U J ~ U X LO uj N rl- W W N 0 cu J cu O O m Ef} r, U o X 0 0 LO x p ~ O J O 0 -1 70 LO U) U) L Z) J uj O W W ^ 70 O W W (B - L cn 0 U X c m Z) ~ a~ 0 o d = U u1 ~O H 00 ~O X O o o U~ c_ U U ° u) U~ (A (A i > W W ^ N L cB W W Cr) U) 0 CO U 0 o U O L U U U O O CL CL U U) O U) - O Y F- Z) Y F- m i CC O i O o V U o V U o w ca o w ca a C14 m a C14 m LO Q LO Q M a m o CO 04 - a 5 m o ~ a N m~ ~ M a N m~ Q o m m m Q Q o m m m Q m z r14 M m z r14 M ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 36 INCH, 42 INCH AND 48 INCH SANITARY SEWER LINE FROM EAST OF WOODROW LANE ACROSS RUDDELL STREET TO MULBERRY STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4481-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, WRIGHT CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,483,490). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4481 Wright Construction Co., Inc. $1,483,490 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-Bid 4481 I DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 April 12, 2010 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on 7 Monday, April 12, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton. 9 10 Present: Chair Dick Smith, Phil Gallivan, Randy Robinson, Bill Grubbs and Barbara 11 Russell 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 17 Absent: John Baines, excused; Bill Cheek, unexcused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 The Public Utilities Board has received background information, staff's recommendations, and 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 3) Consider approval of Bid No. 4481 to Wright Construction Company, Inc. for the 26 construction of the Pecan Creek Interceptor I project, in an amount not to exceed $1,483,490. 27 28 Board Member Gallivan moved to approve Item 3 with a second from Board Member 29 Russell. The motion was approved by a 5-0 vote. 30 31 The meeting was adjourned by consensus at 10:40 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mark Cunningham 349-8504 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of legal advertising for the City of Denton Planning Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding, and providing an effective date (File 4499-Purchase of Legal Advertising for 2010 Annexation Program in the amount of $54,621). FILE INFORMATION This expenditure is for the legal advertisement/notices for the 2010 Annexation Program. The notices consisted of 17 full pages published in the Denton Record Chronicle on Sunday, April 4, 2010. The cost per page is $3,213. City Charter Annexation Regulations Section 1.03 requires public notice of pending annexations to be published in the official newspaper of the city of Denton. The Denton Record Chronicle is the official newspaper of the city and therefore considered a sole source. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Approve the purchase of legal advertising from the Denton Record Chronicle for the 2010 Annexation Program in the amount of $54,621. PRINCIPAL PLACE OF BUSINESS Denton Record Chronicle Denton, TX ESTIMATED SCHEDULE OF PROJECT The 17 pages were published in the Denton Record Chronicle on Sunday, April 4, 2010 - pages 1 cc-17cc. Agenda Information Sheet April 20, 2010 Page 2 FISCAL INFORMATION This project will be funded from account 220001.7912. Requisition 98261 has been entered in the Purchasing software system. 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G] 4 d Q Ca 1L 07 •p (V L O O E aZ w Ld Y ~ A Z z w w O' O' of o z U o z Y 0 U U V v N (0 (0 a w'. w' LL, LLU o V U U a o R s y z y z w p U N Z co cn m 0 4z w 0 M r a0'i v R v D O d J '3 C' z m a04 o N E Of urn J O ~C7 O y N y 6 o 2 o o d a a IL 1 v Q cep 0 n M 0. 0 0 R~ O D~ 1~~- °u v` Et o LO H M U Q~ a F~ a vl o .Qa z z z 0T ¢ Oi a `w z c` 0 z ° Q ° 0 z ° o o w a o a U w = w U❑ U r U Q V ar o Q m VS ¢ Q r c a > ci E ¢ A C = U U M M ` y M z (01 O EL` - o z M d N m M y Y3 C N ~ x } is a o a~ a ~ m o o Ln C14 N F! p a N fn C7 L d j~ C_ j N Q Q Q 0 LO N LO d d d •Q N v z m <11 v C Q ❑ ~V CD " Q 0 in o O o 0 o LU < o w cn o 0 ;4~ la 0 ¢ w a C~ 0 D ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LEGAL ADVERTISING FOR THE CITY OF DENTON PLANNING DEPARTMENT WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4499-PURCHASE OF LEGAL ADVERTISING FOR 2010 ANNEXATION PROGRAM IN THE AMOUNT OF $54,621). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4499 Denton Record Chronicle $54,621 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 4499 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and The University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $550 (Mayor Mark Burroughs, $250; Mayor Pro Tem Pete Kamp, $150; and Council Member Dalton Gregory, $150) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the University to host the largest and most successful African Cultural Festival in the state and region. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant S:IOur Documentsl0rdinancesl1 0lserv agr-UNT African Cultural Festival.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS FOR THE PURPOSE OF HOSTING THE AFRICAN CULTURAL FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the University of North Texas for the purpose of hosting the African Cultural Festival attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The Agreement is hereby approved and ratified and the City Manager's, or his designee's, execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement are also ratified and approved. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: cAdocuments and setting0aholleyVocal settingsltemporary internet fileslcontent,outlook1f52sugailserv agr-unt african cultural festival.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS FOR THE AFRICAN CULTURAL FESTIVAL This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the University of North Texas, a Texas Non-Profit Corporation, hereinafter referred to as "University"; WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES i University shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by the University to host the largest and most successful African Cultural Festival in the state and region. U. OBLIGATIONS OF UNIVERSITY In consideration of the receipt of finds from City, University agrees to the following terms and conditions: A. Five Hundred Fifty Dollars and no/100 ($550.00) shall be paid to University by City to be utilized for the purposes set forth in Article I. B. University will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. University will permit authorized officials of City to review its books at any time. D. Upon request, University will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. University will not enter into any contracts that would encumber City fluids for a period that would extend beyond the term of this Agreement. cAdocuments and settingsMaholleyWcal settingsltemporary internet fileslcontent.outlooklf52sugailserv agr-unt african cultural festival.doc F. University will appoint a representative who will be available to meet with City officials when requested. G. University will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by University within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2010, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO UNIVERSITY. City shall pay to University the sum specified in Article II after the effective date of this Agreement. B. ExCEss PAYMENT. University shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to University; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION University agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. University agrees to make available its financial records for review by City at City's discretion. In addition, University agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. University shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. Page 2 cAdocuments and settingsllahollcyllocal settingsVemporary intemet fileslcontent.outlookl#52sugailserv agr-unt african cultural festival.doc D. To comply with this section, University agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. University's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. University agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve University of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, University shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. University understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of University's governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if University violates any covenants, agreements, or guarantees of this Agreement, the University's insolvency or filing of bankruptcy, dissolution, or receivership, or the University's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. University shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. University will fiu-nish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of University's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and University may be barred from further contracts with City. Page 3 cAdocuments and settingsllaholleyllocal settingsVemporary internet fileslcontent.outlooklf52sugailserv agr-unt african cultural festival.doc IX. WARRANTIES University represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of University on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of University. C. No litigation or legal proceedings are presently pending or threatened against University. D. None of the provisions herein contravenes or is in conflict with the authority under which University is doing business or with the provisions of any existing indenture or agreement of University. E. University has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of University are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by University to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Page 4 cadocuments and settingsVaholleyllocal settingsVemporary internet fileslcontent.outlook\f52sugailserv agr-unt african cultural festival.doe C. University shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the University agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the University or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of University, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. University covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. University further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. University further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to University or City, as the case may be, at the following addresses: Page 5 cAdocurnents and settingsllaholleyWcal settingslteraporary intemet fileslcontent.outlooklf52sugaitiserv agr-unt african cultural festival.doc CITY UNIVERSITY City of Denton, Texas Professor Midawo Gideon Alorwoyie Attn: City Manager UNT College of Music 215 E. McKinney 1155 Union Circle No. 311367 Denton, TX 76201 Denton, TX 76203-5017 Fax No. 940.349.8591 Fax No. 940.565.2002 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. University shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to University hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by University. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 cAdocuments and settingsVaholley\local settingsVemporary intemet fileslcontent.outlookV52sugailserv agr-unt affican cultural festival.doc IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 2010. GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L~-, . L~ UNIVERSITY OF NORTH TEXAS BY: C--1U9i;v MIDAWO GIDEON ALORWOYIE PROFESSOR-UNT COLLEGE OF MUSIC ATTEST: BY: SECRETARY Page 7 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommend approval with a vote of 5 to 0. BACKGROUND The Cinco de Mayo Committee, made up of community volunteers and City staff, voted to support the sale of alcohol at the event for the eleventh consecutive year. La Mexicana Restaurant was selected to be the sole proprietor of this product for this year's event and will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The annual Cinco de Mayo Celebration event, held in Quakertown Park, is a Hispanic cultural festival co-sponsored by the City of Denton Parks and Recreation Department. The event runs from 10:00 a.m. to 6:00 p.m. in the Park; the dance takes place in the Civic Center from 6:00 p.m. - 12:00 a.m. Other activities include a parade, local vendors, children's activities and entertainment. The event continues to experience growth each year through community participation and the use of local vendors and entertainment. Previous year's event hosted approximately 12,300 participants with 50 vendors and two entertainment stages. This will be the eleventh year that alcohol will be sold at this event. There have not been security issues at the previous events. RECOMMENDATION Staff recommends approval of the resolution and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Parks, Recreation and Beautification Board recommended approval on April 5, 2010, with a vote of5to0. Agenda Information Sheet April 20, 2010 Page 2 EXHIBITS 1. Resolution 2. Quakertown Park Agreement 3. Letter of Request 4. Parks, Recreation and Beautification Board Minutes of April 5, 2010 Respectfully submitted: t\ Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator 11CODAD\Departments\Legal\Our Documents\Reso1utions1101Cinco De Mayo alcohol sell.doc RESOLUTION NO. A RESOLUTION ALLOWING LA MEXICANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 2010, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Diana Cruz, doing business as La Mexicana (called "La Mexicana"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 1, 2010; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that La Mexicana be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. La Mexicana shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2010 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served; Page 1 of 2 11C0DAD1Depar1ments\Lega110ur Documents\Resolutions11010inco De Mayo alcohol sell.doc 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 \\oodad\deparmientsUegal\our docmnentAmntradsUftinco de mayo oontraeLdoo QUAKERTOWN PARK AGREEMENT FOR THE CINCO DE MAYO STATE OF TEXAS § I COUNTY OF DENTON § This Agreement, made this day of 2010, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and LA MEXICANA, (called "LA MEXICANA"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to LA MEXICANA the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the CINCO DE MAYO on May 1, 2010, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the CINCO DE MAYO set for the year 2010. ARTICLE 2 SCOPE OF SERVICES LA MEXICANA in order to exercise the privilege to sell alcoholic beverages must perform the following: A. LA MEXICANA shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the CINCO DE MAYO. B. LA MEXICANA shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the CINCO DE MAYO. C. LA MEXICANA shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the CINCO DE MAYO. LA MEXICANA failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the CINCO DE MAYO. ARTICLE 3 LOCAL RULES AND REGULATION LA MEXICANA agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. LA MEXICANA shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. LA MEXICANA will exercise reasonable care and due diligence in their sale of alcoholic beverages at the CINCO DE MAYO. ARTICLE 4 INDEMNITY AGREEMENT LA MEXICANA shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of LA MEXICANA or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, LA MEXICANA shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. CINCO DE MAYO Agreement - Page 2 C. LA MEXICANA shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and LA MEXICANA. In such event, LA MEXICANA shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To LA MEXICANA: To CITY: LA MEXICANA City of Denton Valentine Carmona City Manager i 619 North Locust Street 215 E. McKinney Denton, TX 76201 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. CINCO DE MAYO Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, LA MEXICANA shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL LA MEXICANA represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY LA MEXICANA shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the parry to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. CINCO DE MAYO Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and LA MEXICANA has executed this Agreement through its duly authorized undersigned officer on this the day of 12010. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: LA MEXICANA BY: LENTINF, CARMONA WITNESS: BY: CINCO DE MAYO Agreement - Page 5 Apr the nc1 Members c ;I)e City Coun, tine o committee is esting the permission -ell c_ _ohol at this -ar's `:.C :co event in which the restaurant, t.a Me :icana, rio,i c ai se.. IC pis ev ~cerei, t _ Moriic< 2010(w. clayo-'iair --)R 15`' ent S''02 www.dentoncinco ~ DRAFT Parks, Recreation and Beautification Board Minutes April 5, 2010 Civic Center Community Room Members present: Carol Brantley, Vicki Byrd, Derrick Murray, Janet Shelton, Mike Simmons, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Janie McLeod, Jim Mays, Amanda Green, and Lindsey Baker, City Manager's Office WORK SESSION 1. Derrick Murray, vice chairperson, called the Special Called meeting to order at 6:03 p.m. Thirteen people filled out a Request to Address an Agenda Item card. Those addressing the Park Board were all in support of naming the park in the Preserve at Pecan Creek after United States Anny Specialist Ernest W. Dallas, Jr., Denton's first casualty in the Iraq war. A representative of the neighborhood was also in support of the park naming proposal. A prior effort by some in the group was to get Dallas Drive renamed in honor of Army Spc. Dallas. Lindsey Baker, assistant to the city manager, explained that Dallas Drive is a state highway and city leaders are waiting on the Legislature to act. After the last person spoke, the Board convened for its regular meeting at 7:00 p.m. REGULAR MEETING 1. CALL TO ORDER - After the call to order, it was moved that a change in the agenda be entertained to allow for the Action Item 4. A., regarding the park property, naming, to be moved to the first item so that those staying after the Special Called meeting would be aware of any, action taken in conjunction with the item to name a park property, after Spc. Dallas. It was moved by Simmons that the agenda be so revised, Shelton seconded the motion and the agenda was revised. 4. ACTION ITEMS: C) Receive a report, hold discussion and provide staff direction regarding naming of a park property, located at 6100 Sun Ray Drive, Denton, Texas, after United States Army Specialist Ernest W. Dallas, Jr., an Iraq war casualty and take appropriate action. - Following the special called meeting and the public comments, the Board wanted to set aside the motion made at the March 1, 2010 meeting and take a new vote. Several Board members apologized to those that saw their first vote as a sign of disrespect. Their intent was to honor Spc. Dallas in some sway, but they wanted the city to explore other options to honor him. MOTION: Simmons made a motion to recommend that the request to name the park property, at 6100 Sun Ray Drive Specialist Ernie Dallas, Jr. Veterans Memorial Park be accepted and presented to City Council for their approval. Wages seconded the motion and it carried with a vote of 6-0. Due to previous commitments, Mr. Simmons excused himself for the rest of this meeting after this vote and the Board took a recess. The meeting resumed at 7:25 p.m. 2. APPROVAL OF MINUTES OF March 1, 2010 MEETING: Murray asked the Board to review last month's minutes for changes. Hearing none, Shelton made a motion that the minutes would stand as written, Brantley seconded the motion and it carried with a vote of 5-0. 3. AWARDS AND RECOGNITIONS: - This item was tabled until the honoree could be in attendance. 4. ACTION ITEMS: a) Sale of Alcoholic Beverages at Cinco de Mayo - This is the annual request for the sale of alcoholic beverages at the Cinco de Ma-yo Celebration in Quakertown Park. This year the committee selected La Mexicana Restaurant who will be responsible for obtaining all necessary, permits, licenses and rental of booth space. MOTION: Murray asked for a motion recommending that La Mexicana Restaurant be the sole participant allowed to sell alcoholic beverages at Cinco de Mayo Celebration on May 1, 2010. Shelton made the motion to approve the recommendation, Wages seconded and the motion carried with a vote of 5-0. b~ Sale of Alcoholic Beverages at Arts and Jazz Festival -This request by the Denton Festival Foundation to allow ProFest, Inc. to sell alcoholic beverages at the Denton Arts and Jazz Festival, is being made for three consecutive years, as was done in 2007. Pro-Felt, Inc., made up of members of the Denton Festival Foundation, will be responsible for all necessarN, permits, licenses and rental of booth space. Byrd asked if other vendors needed to be able to compete for this event. It was explained to her that this event is organized by the Denton Festival Foundation, not the Citv so bids are not required. MOTION: Murray asked for a motion recommending Pro-Fest, hlc. to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, starting April 23- 25, 2010 and ending April 27-29, 2012. Shelton made the motion to recommend, Wages seconded and the motion passed with a vote of 5-0. 5. OTHER BUSINESS: A. Parks Department Projects Status Report No comments on this report. B. Keep Denton Beautiful Update Great American Cleanup - Shelton asked what attributed to the increase in volunteers for this year's events. It was pointed out that the new staff is very aggressive in getting their events promoted to the community. C. Public Art Committee Meeting Minutes Draft - February 13, 2010 Vorel commented that the new black and white photos for City Hall East will be hung in the very, near future. With no further items on the agenda, Murray adjourned the meeting at 7:35 p.m. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Parks & Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 23, 2010, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. An increase in decibels will not be needed. Staff recommends approval of the request. BACKGROUND The Singing Oaks Church of Christ is hosting their third annual Community Festival with food, bounce houses, games, and activities for all ages. Proceeds from the festival will go to help Lee Elementary and Thomas Rivera Elementary Schools. The festival will include amplified music for five hours on Sunday. The church faces the vacant Piggly Wiggly grocery store on McKinney Street; the areas north and west of the church consist mainly of residential neighborhoods. PRIOR ACTION/REVIEW City Council approved previous requests for an exception to the noise ordinance for the Festival at the June 5, 2007, and April 21, 2009, meetings; there was no request in 2008. RECOMMENDATION Staff recommends approval of the noise exception request and for the allowance of amplified sound on Sunday, May 23, 2010. EXHIBITS 1. Letter of Request Respectfully Submitted: &-0 W'4 - Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator 4&SINGING OAKS CHURCH of CHRIST March 30, 2010 To the Mayor and members of the City Counsel: This is a request for an exception to the noise ordinance for amplified sound on Sunday afternoon and evening. One Sunday May 23rd the Singing Oaks Church of Christ will hold the annual Community Festival on their parking lot at 101 Cardinal Drive. This is a fun family event with bounce houses, balloons, games for all ages, food and animals. All proceeds go to Lee and Rivera Elementary. The festival runs from 4:00 pm to 9:00 pm. There will be live amplified music. Thank you for your consideration, 436 Bob Bentley Outreach Minister Singing Oaks Church of Christ 940-220-5056 McKinney at Cardinal • 101 Cardinal Dr • Denton, Texas 76209 (940) 387-4355 0 Fax (940) 382-9596 • oA9ce@singingoaks.org • www.singingoaks.org AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. (The Parks, Recreation and Beautification Board recommend approval with a vote of 5 to 0. Staff recommends approval of the request.) BACKGROUND The Denton Festival Foundation, made up of community volunteers and professional staff, has requested to sell alcohol at the Denton Arts and Jazz Festival, allowing Pro-Fest, Inc. to be the sole proprietor of this product. Pro-Fest, Inc. will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The Festival Foundation provides police security at the event. The annual Denton Arts and Jazz Festival event promotes cultural enhancement and is co- sponsored by the City of Denton Parks and Recreation Department. It is held in Quakertown Park and includes over 1,300 professional and amateur performers, local and statewide vendors, children's activities, art exhibits, and various entertainers. The three-day free event runs Friday, 2:30 p.m. to 11:00 p.m., Saturday, 10:00 a.m. to 11:00 p.m., and Sunday, 10:00 a.m. to 9:00 p.m. The event continues to experience growth each year through community participation and the use of national and local vendors and entertainment. The event is expected to host around 200,000 participants with 240 booths and six entertainment stages. OPTIONS The City Council may approve the request from the Denton Festival Foundation as submitted, request changes to the resolution, or deny the request for the sale of alcohol. RECOMMENDATION Staff recommends approval of this request. Agenda Information Sheet April 20, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT The Denton Arts and Jazz Festival is a three-day free event that runs Friday, from 2:30 p.m. to 11 p.m., Saturday, from 10 a.m. to 11 p.m., and Sunday, from 10 a.m. to 9 p.m. PRIOR ACTION/REVIEW On April 17, 2007, Council approved a 3-year agreement with the Denton Festival Foundation for the sale of alcoholic beverages at the Denton Arts and Jazz Festival. On April 5, 2010, the Parks, Recreation and Beautification Board recommended approval of this item with a vote of 5 to 0. EXHIBITS 1. Resolution 2. Contract 3. Letter of Request 4. Parks, Recreation and Beautification Board Meeting Minutes of April 5, 2010. Respectfully submitted: t. 0 W,4 "N6. Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator scour documentslresolutions1101arts & jazz festival res.doc RESOLUTION NO. A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL FOR THREE CONSECUTIVE YEARS, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Pro-Felt, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Pro- Fest, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, the first being April 23-25, 2010 at the Quakertown Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY \\C0DADWeparuucnts\Lega1 Dw Doav=ts\Contrects\10\Arts and Jan Festival Cow doc QUAKERTOWN PARK AGREEMENT FOR THE DENTON ARTS & JAZZ FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this /0 day of acv , 2010, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and PRO-FEST, INC. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to PRO-FEST, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Denton Arts and Jazz Festival celebration on April 23-25, 2010, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege extends three years beyond the date of the Denton Arts and Jazz Festival celebration set for the year 2010. I ARTICLE 2 SCOPE OF SERVICES i PRO-FEST, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: A. PRO-FEST, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Denton Arts and Jazz Festival. B. PRO-FEST, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Denton Arts and Jazz Festival. C. PRO-FEST, INC. shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Denton Arts and Jazz Festival. i PRO-FEST, INC.'s failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 3 LOCAL RULES AND REGULATION PRO-FEST, INC. agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. PRO-FEST, INC. shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. PRO-FEST, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 4 INDEMNITY AGREEMENT PRO-FEST, INC. shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of PRO-FEST, INC. or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation tiled by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, PRO-FEST, INC. shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. Denton Arts and Jazz Festival Celebration Agreement - Page 2 C. PRO-FEST, INC. shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and PRO-FEST, INC. In such event, PRO-FEST, INC. shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To PRO-FEST, INC.: To CITY: PRO-FEST, INC. CITY OF DENTON: Carol Short City Manager 319 Pennsylvania Ave. 215 E. McKinney Denton, Texas 76205 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABELITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Denton Arts and Jazz Festival Celebration Agreement - Page 3 ARTICLE 9 DISCRMUNATION PROHIBITED In performing the services required hereunder, PRO-FEST, INC. shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL PRO-FEST, INC. represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY PRO-FEST, INC. shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MSCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terns or conditions of this Agreement. Denton Arts and Jazz Festival Celebration Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and PRO-FFST, INC. has executed this Agreement through its duly authorized undersigned officer on this the day of 2010. CITY OF DENTON, TEXAS i GEORGE C. CAMPBELL, CITY MANAGER i i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: .5 PRO-FEST, INC. BY: &tj-k~~ CAROL SHORT WITNESS: • r BY: V~ A c Denton Arts and Jazz Festival Celebration Agreement - Page 5 DENTON I March 2, 2010 jazz TO: DENTON PARKS & RECREATION BOARD And DENTON CITY COUNCIL FE8TIVAL RE: DENTON ARTS & JAZZ FESTIVAL Sale of alcohol (Beer & Wine) dentonjazzfest.com Dear Members, Denton Festival The Denton Festival Foundation, Inc. is requesting permission Foundation, Inc. and approval for ProFest, Inc. to be our out source in sales of beer and wine for the annual Denton Arts & Jazz Festival in P.O. Box 2104 Quakertown Park. Please extend this privilege for 3 years Denton, Texas 76202 through 2012. (940) 565-0931 Eax (940) 566-7007 April 23, 24 & 25 - 2010 April 29, 30 & May 1 - 2011 April 27, 28 & 29 - 2012 Thank you for your continued support. Sincerely, gat-14-6 &&,~~ Carol Short, Executive Director -7t 4w *e me" z ee acre gat eat ew4r j/" DENTON March 2, 2010 • TO: DENTON PARKS & RECREATION BOARD FESTIVAL And DENTON CITY COUNCIL RE: DENTON ARTS & JAZZ FESTIVAL -,kt Sale of alcohol (Beer & Wine) dentonjazzfest.com Dear Members, Denton Festival The Denton Festival Foundation, Inc. is requesting permission Foundation, Inc. and approval for ProFest, Inc. to be our out source in sales of beer and wine for the annual Denton Arts & Jazz Festival in P.O. Box 2104 Quakertown Park. Please extend this privilege for 3 years Denton, Texas 76202 through 2012. (940) 565-0931 Fax (940),566-7007 April 23, 24 & 25 - 2010 April 29, 30 & May I - 2011 April 27, 28 & 29 - 2012 Thank you for your continued support. Sincerely, gdk'-~t Carol Short, Executive Director I I "7t d4w,e MUM a e4e i5 . Et auc •t gat d ae aa-usg ! I DRAFT Parks, Recreation and Beautification Board Minutes April 5, 2010 Civic Center Community Room Members present: Carol Brantley, Vicki Byrd, Derrick Murray, Janet Shelton, Mike Simmons, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Janie McLeod, Jim Mays, Amanda Green, and Lindsey Baker, City Manager's Office WORK SESSION 1. Derrick Murray, vice chairperson, called the Special Called meeting to order at 6:03 p.m. Thirteen people filled out a Request to Address an Agenda Item card. Those addressing the Park Board were all in support of naming the park in the Preserve at Pecan Creek after United States Anny Specialist Ernest W. Dallas, Jr., Denton's first casualty in the Iraq war. A representative of the neighborhood was also in support of the park naming proposal. A prior effort by some in the group was to get Dallas Drive renamed in honor of Army Spc. Dallas. Lindsey Baker, assistant to the city manager, explained that Dallas Drive is a state highway and city leaders are waiting on the Legislature to act. After the last person spoke, the Board convened for its regular meeting at 7:00 p.m. REGULAR MEETING 1. CALL TO ORDER - After the call to order, it was moved that a change in the agenda be entertained to allow for the Action Item 4. A., regarding the park property, naming, to be moved to the first item so that those staying after the Special Called meeting would be aware of any, action taken in conjunction with the item to name a park property, after Spc. Dallas. It was moved by Simmons that the agenda be so revised, Shelton seconded the motion and the agenda was revised. 4. ACTION ITEMS: C) Receive a report, hold discussion and provide staff direction regarding naming of a park property, located at 6100 Sun Ray Drive, Denton, Texas, after United States Army Specialist Ernest W. Dallas, Jr., an Iraq war casualty and take appropriate action. - Following the special called meeting and the public comments, the Board wanted to set aside the motion made at the March 1, 2010 meeting and take a new vote. Several Board members apologized to those that saw their first vote as a sign of disrespect. Their intent was to honor Spc. Dallas in some sway, but they wanted the city to explore other options to honor him. MOTION: Simmons made a motion to recommend that the request to name the park property, at 6100 Sun Ray Drive Specialist Ernie Dallas, Jr. Veterans Memorial Park be accepted and presented to City Council for their approval. Wages seconded the motion and it carried with a vote of 6-0. Due to previous commitments, Mr. Simmons excused himself for the rest of this meeting after this vote and the Board took a recess. The meeting resumed at 7:25 p.m. 2. APPROVAL OF MINUTES OF March 1, 2010 MEETING: Murray asked the Board to review last month's minutes for changes. Hearing none, Shelton made a motion that the minutes would stand as written, Brantley seconded the motion and it carried with a vote of 5-0. 3. AWARDS AND RECOGNITIONS: - This item was tabled until the honoree could be in attendance. 4. ACTION ITEMS: a) Sale of Alcoholic Beverages at Cinco de Mayo - This is the annual request for the sale of alcoholic beverages at the Cinco de Ma-yo Celebration in Quakertown Park. This year the committee selected La Mexicana Restaurant who will be responsible for obtaining all necessary, permits, licenses and rental of booth space. MOTION: Murray asked for a motion recommending that La Mexicana Restaurant be the sole participant allowed to sell alcoholic beverages at Cinco de Mayo Celebration on May 1, 2010. Shelton made the motion to approve the recommendation, Wages seconded and the motion carried with a vote of 5-0. b~ Sale of Alcoholic Beverages at Arts and Jazz Festival -This request by the Denton Festival Foundation to allow ProFest, Inc. to sell alcoholic beverages at the Denton Arts and Jazz Festival, is being made for three consecutive years, as was done in 2007. Pro-Felt, Inc., made up of members of the Denton Festival Foundation, will be responsible for all necessarN, permits, licenses and rental of booth space. Byrd asked if other vendors needed to be able to compete for this event. It was explained to her that this event is organized by the Denton Festival Foundation, not the Citv so bids are not required. MOTION: Murray asked for a motion recommending Pro-Fest, hlc. to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, starting April 23- 25, 2010 and ending April 27-29, 2012. Shelton made the motion to recommend, Wages seconded and the motion passed with a vote of 5-0. 5. OTHER BUSINESS: A. Parks Department Projects Status Report No comments on this report. B. Keep Denton Beautiful Update Great American Cleanup - Shelton asked what attributed to the increase in volunteers for this year's events. It was pointed out that the new staff is very aggressive in getting their events promoted to the community. C. Public Art Committee Meeting Minutes Draft - February 13, 2010 Vorel commented that the new black and white photos for City Hall East will be hung in the very, near future. With no further items on the agenda, Murray adjourned the meeting at 7:35 p.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Finance ACM: Jon Fortune 1Y` SUBJECT Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. BACKGROUND The City's Debt Service Management Policy ("Debt Policy") 403.07 was originally developed in 1995 and adopted by the City Council on March 5, 1996. Based on recommendations from the Council Audit Committee, the policy was revised and adopted by the City Council on June 20, 2006. On March 2, 2010, the City Council adopted minor revisions to the policy with the understanding that a more comprehensive revision would be forthcoming. The Debt Policy provides general guidelines by which the City will issue debt and addresses process, use and limitations. In conjunction with the City's Financial Advisor and Bond Counsel, staff is bringing to the City Council a comprehensive revision of the City's Debt Policy. This revision was reviewed by the Audit/Finance Committee on April 5, 2010, and the Committee's recommendations have been included in this final revised Debt Policy. This revision is necessary in order to eliminate conflicts or inconsistencies with state law and/or the City's Charter. In cases where the City's Charter is in conflict or inconsistent with state law, state law may prevail. The following is a listing of major changes: 1. Clarification on membership and scope of the staff Debt Management Committee and delegation of responsibilities to the Director of Finance. 2. Clarification that the City's Financial Advisor may not bid or underwrite any City debt unless authorized in writing. 3. Eliminates and clarifies language pertaining to disclosure requirements as established by the Securities and Exchange Commission. 4. While this has been the recent practice, clarifies that conference calls are acceptable when meeting with representatives of the rating agencies. 5. Adds a section specific to the Capital Improvement Plan for clarity and emphasis. 6. While certificates of obligation are a form of general obligation debt, adds certificates of obligation, as well as combination tax and revenue bonds and tax increment debt, as types of authorized debt. 7. Adds sections related to line of credit, capital leasing, and interfund loans. Staff does not anticipate using these financing techniques in the near future, but they have been added to the Policy to describe their potential uses and limitations. 8. Adds language regarding the final maturity of bonds and eliminated the language regarding the average life of bonds. The level debt service structure requirement, by definition, imposes an average life on bonds consistent with prior guidelines. 9. Adds language regarding the use of combination tax and revenue bonds. 10. Adds a section on credit enhancements. 11. Adds a section that establishes parameters and processes for reimbursement ordinances and the use of anticipated bond proceeds. 12. Relocates the parameters for bidding under the competitive sale subsection since it only applies to this method of sale. 13. Revised the requirements for refunding and restructuring debt by lowering the present value savings for advance refundings from 3.5% to 3%, stipulating that current refundings will be considered if the present value savings are above the costs of refunding bonds, and that refundings should not extend the final maturity of the original obligations unless specifically approved by the City Council. The changes outlined above, plus minor changes involving grammatical and spelling errors, represent comprehensive changes that allow for both flexibility and accountability in meeting the City's financing needs. In order to ensure consistency with state law and to afford the City Council an opportunity to discuss the Debt Management Policy, this revision includes an annual review and approval requirement by the City Council. RECOMMENDATION Staff recommends approval of the resolution. PRIOR ACTION/REVIEW (Council/Boards/Commissions) On March 5, 1996, the City Council approved Resolution No. 96-013 adopting Administrative Policy No. 403.07 "Debt Service Management." On February 14, 2006, the Audit Committee unanimously recommended approval of revisions to the Debt Service Management Policy. On June 20, 2006, the City Council approved Resolution No. 2006-024 revising Administrative Policy No. 403.07 "Debt Service Management." On February 15, 2010, the Audit/Finance Committee unanimously recommended approval to forward the revised Debt Policy to the City Council for consideration. 2 On March 2, 2010, the City Council approved a Resolution No. 2010-007 revising the Debt Policy. On March 31, 2010, the staff Debt Management Committee unanimously recommended approval to forward the revised Debt Policy to the Audit/Finance Committee. On April 5, 2010, the Audit/Finance Committee unanimously recommended approval to forward the revised Debt Policy to the City Council for consideration. EXHIBITS 1. Resolution 2. Red-line version of Debt Policy Respectfully submitted: c Bryan Langley Director of Finance scour documentslresolutionsl1 0ldebt policy resolution.doc RESOLUTION NO. A RESOLUTION REVISING ADMINISTRATIVE POLICY NO. 403.07 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 5t' day of March, 1996 the City Council passed Resolution No. 96-013 adopting Administrative Policy No. 403.07 "Debt Service Management"; and WHEREAS, the Assistant City Manager of the Finance Department for the City of Denton has presented a proposed revision of the Debt Service Management Policy for the Council's consideration; and WHEREAS, the City Manager recommends adoption of the revised policy and the City Council desires to adopt such policy as the official policy regarding Debt Service Management; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following policy entitled "Policy No. 403.07 "Debt Service Management", attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas and shall replace the existing Debt Service Management Policy. SECTION 2. The attached policy shall be filed in the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i ~ a ~ CITY OF DENTON Page I of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03105196 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: April 20, 2010 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. In as much as this policy may be in conflict or inconsistent with state law, state law will prevail. Furthermore, state law will prevail on matters not specifically addressed in this policy. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing proceed as efficiently as possible, and (3) the City seek the most favorable interest rate and competitive costs. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Proceeds from debt issuances will be delivered as closely as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. The City Council shall review and approve the debt management policy at least annually and be documented by ordinance or resolution, which shall include any changes made. ADMINSTRATIVE PROCEDURES L DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) will consist of the City Manager, Assistant City Managers, and the Director of Finance. The City's financial advisor and bond counsel shall act as consultants to the Committee. B. Scope The Committee shall meet at least annually to review the debt program or as necessary. Topics for discussion should include: the Capital Improvement Program, status of outstanding debt, unspent bond proceeds, and unissued voter authorized debt, timing of additional financing needs and financing options, the effect of proposed financing activity on the related rates supporting the debt (i.e., property tax rate, utility rates, user fees, etc.). Page 2 of 20 IL RESPONSIBILITY AND STANDARD OF CARE The Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The Director of Finance shall have primary responsibility for developing financing recommendations. The Director of Finance shall: • Meet no less than annually with Department Directors to consider the need for financing, review debt capacity and assess progress on the Capital Improvement Program; • Review changes in state and federal legislation; • Review annually the provisions of ordinances authorizing issuance of obligations; • Periodically review the City's Charter to ensure compliance with state law; and • Annually review services provided by the financial advisor, bond counsel, paying agent, and other service providers to evaluate the extent and effectiveness of the services being provided. B. Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Director of Finance shall include in the Comprehensive Annual Financial Report (CAFR) a report summarizing all debt outstanding by type (tax supported and revenue backed), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Director of Finance and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes, but is not limited to, the annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, and comprehensive development plans. Page 3 of 20 All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include the Texas Municipal Report, The Bond Buyer, Electronic Municipal Market Access (EMMA) and the Municipal Advisory Council of Texas (MAC). Bond counsel will advise on the use of electronic media in connection with the City's debt program. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, the marketing of debt issues, marketability of City obligations, sale and post-sale services, the review of the official statement, and other services, as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. The financial advisor will not bid on nor underwrite any city debt issues without requesting and obtaining a written consent to bid prior to submitting a bid in accordance with the provisions of Rule G-23 of the Municipal Securities Rulemaking Board (MSRB). The Director of Finance shall be the responsible person to receive such a request and will make the final written recommendation to the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to any obligation until a written instrument (i.e., Certificate of Ordinance or other prevailing instrument) has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and the Director of Finance. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel may be retained to protect the City's interest in complex negotiations. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Finance. Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15c2-12). The City will provide annual and material event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal markets as required by Rule 15c2-12. Page 4 of 20 IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements or any other offering document, the City will follow a policy of full and complete disclosure of operating, financial and legal conditions of the City, in conformance with the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counsel or financial advisor. B. Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to the Municipal Security Rulemaking Board (MSRB) via the Electronic Municipal Market Access (EMMA) system and, if required by Rule 15c2-12, to the State Information Depository (SID), the Municipal Advisory Council of Texas (MAC). The events that must be reported, if material, are: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities; 11. Rating changes. Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with at least two of the rating agencies (Moody's, Standard & Poor's, and Fitch), Page 5 of 20 informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a conference call or personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required by the rating agencies: - Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. - Current budget. - Current Capital Improvement Program. Official statements for new financings. Description of projects being financed. Sources and uses statement for bond issuance. If additional funds are required to complete specific projects being financed, the source of the funds and any conditional requirements may be discussed. - Engineering and feasibility report (if applicable). - Zoning or land-use map (if applicable). - Cash flow statement, in the case of interim borrowing. Statement of long - and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. - Indication of appropriate authority for debt issuance - Investment policy (if applicable). - Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will present to the City Council, and any city committee as appropriate, a comprehensive analysis of debt capacity prior to issuing bonds. This analysis should cover a broad range of factors, including: • Legal debt limits, tax or expenditure ceilings. • Coverage requirements or additional bonds tests in accordance with bond covenants. • Measures of the tax and revenue base, such as projections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). • Population trends. • Utilization trends for services underlying revenues. • Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to Page 6 of 20 the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. • Reliability of revenues expected to pay debt service. • Unreserved fund balance levels. • Debt service obligations, such as existing debt service requirements. • Debt service as a percentage of expenditures or tax or system revenues. • Measures of debt burden on the community, such as debt per capita, , debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. • Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has revenue bonds and other indebtedness of the Electric, Water, and Wastewater Funds. The City will maintain coverage ratios as dictated by the City's outstanding bond covenants (e.g. 1.25 times the maximum principal and interest of all outstanding revenue bonds and/or 1.50 times the average annual principal and interest of all outstanding revenue bonds, or as required by individual bond covenants). The Electric, Water, and Wastewater Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VIL CAPITAL IMPROVEMENT PLAN A. The City will seek all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing as dictated by prevailing economic factors and as directed by the City Council. B. Current operations will not be financed with long-term debt. C. Debt incurred to finance capital improvements will be repaid within the useful life of the project or earlier, if callable. D. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. E. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue and assist in analyzing the use of capital lease purchases or the use of lines of credit. These types may include: Page 7 of 20 • short-term vs. long-term debt, • general obligation vs. revenue debt, • fixed vs. variable rate debt, lease-backed debt, special obligation debt such as assessment district debt, • certificates of obligation debt • combination tax and revenue debt, • tax increment debt, • conduit issues, and • taxable debt. IX. BOND STRUCTURE Structural features that may be considered are: maturity of the debt, • setting the final maturity of the debt equal to or less than the useful life of the proj ect, • use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, • debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), • redemption provisions (mandatory and optional call features), • use of credit enhancement, • use of senior lien and junior lien obligations, and • others, as deemed appropriate in consultation with financial advisor and bond counsel. X. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations may be obtained more quickly than long-term obligations and, thus, may be used until long-term financing is secured. Page 8 of 20 B. Commercial Paper Due to the financing costs associated with the marketing and placement of commercial paper, programs of less than $25 million may not be cost effective. Should the opportunity to participate in a commercial paper issuance pool present itself or if the establishment of a program becomes cost effective, the advantages and disadvantages shall be evaluated by the Director of Finance. The use of a commercial paper program requires approval by the City Council. C. Anticipation Notes Anticipation notes do not require giving a notice of intent. Anticipation notes may be secured and repaid by a pledge of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes may be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed using Certificates of Obligation and have the following restrictions: 1) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, and 2) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the general obligation bonds has already been approved by the voters. D. Line of Credit To the extent authorized by state law and with the approval of the City Council, the City may establish a tax-exempt line of credit with a financial institution selected through a competitive process. Draws shall be made on the line of credit when (1) the need for financing is so urgent that time does not permit the issuance of long-term debt, or (2) the need for financing is so small that the total cost of issuance of long-term debt including carrying costs of debt proceeds not needed immediately is significantly higher. Draws will be made on the line of credit to pay for projects designated for line of credit financing by the City Council. Borrowings under the line of credit shall be repaid from current revenues. The Director of Finance will authorize all draws on the line of credit, as authorized in the agreement approved by the City Council. E. Capital Leasing Capital leasing is an option for the acquisition of a piece or package of equipment. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be Page 9 of 20 earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall obtain an explicitly defined taxable rate so that the lease will not be counted in the City's total annual borrowings subject to arbitrage rebate. The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease which may be called at will is preferable to one which may merely be accelerated. The City shall obtain at least three (3) competitive proposals for any lease financing. The net present value of competitive bids shall be compared, taking into account whether payments are in advance or in arrears, and how frequently payments are made. The purchase price of equipment shall be competitively bid, as required by state law, as well as the financing costs. The Director of Finance will ensure any leasing agreement is compared to other financing options to ensure the lease is cost beneficial. Alternate financing options will include certificates of obligation and lines of credit. The Director of Finance will be the person responsible for evaluating this financing source, and will make a recommendation to the City Council for approval. F. Interfund Loans As allowed by the City, the Director of Finance will review opportunities whereby interfund loans may be utilized to meet short-term financing needs. Interfund loans will only be utilized if economically beneficial to the lending fund and only if the rate of return is comparable or higher than the rate of return the lending fund would otherwise receive by keeping funds in the City's investment pool. Any interfund loan must be approved by the City Council. XI. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. Voter approved general obligation bonds will strive to have a final maturity of twenty (20) years or less. Revenue bonds and certificates of obligation will strive to have a final maturity of thirty (30) years or less. If deemed appropriate, staff may present to the City Council extraordinary circumstances in which longer final maturities may be necessary but never in excess of the useful life of an individual project. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. Page 10 of 20 The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be required or may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. B. Bonds Long-term general obligation, including certificates of obligation, or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections or to refund previously issued general obligation bonds or certificates of obligation. All bonds shall be sold in accordance with applicable law. C. Certificates of Obligation Certificates of obligation may be issued to: • finance permanent improvements and land acquisition • finance costs associated with capital project overruns • acquire equipment/vehicles • leverage grant funding • renovate, acquire, construct facilities and facility improvements • construct street improvements • provide funding for master plans/studies + address necessary life safety needs • finance revenue producing facilities if determined to be more economical than revenue bonds In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least thirty (30) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, and Wastewater revenues may be pledged without limit for Electric, Water, and Wastewater purposes but may only be pledged to a limit of $1,000 for any one series of bonds issued for non-utility system purposes. Page 11 of 20 The final maturity of certificates of obligation will be in accordance with Section XI, A. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of surety bonds, letters of credit, or similar instruments to satisfy mandated debt service reserve fund requirements on outstanding and/or proposed revenue bonds. F. Combination Tax and Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of Combination Tax and Revenue Bonds for refunding obligations of the Electric, Water and Wastewater combined utility system, and Solid Waste or any other self-supporting revenue producing City enterprise. Combination Tax and Revenue Bonds will comply with applicable state law and are assigned the full faith and credit of the City, thereby enhancing the credit rating otherwise obtained from revenue supported only debt (Revenue Bonds). XII. CREDIT ENHANCEMENTS Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance, lines of credit, surety bonds and letters of credit. A credit enhancement, while costly, is intended to bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. The City's financial advisor will advise the city whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be taken during the period prior to the pricing of the sale. In a competitive sale, bond insurance may be provided by the purchaser if the purchaser finds it cost effective. Other credit enhancements may arise in the future, which may be beneficial. The City's financial advisor will present these options for consideration. Page 12 of 20 XIII. REFUNDING AND RESTRUCTURING OPTIONS In the case of advance refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings of at least 3% of the par amount being refunded. In the case of current refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings above the costs of refunding the bonds. Refunding for savings should not extend the final maturity of the original obligations, unless specifically approved by the City Council. XIV. REIMBURSEMENT ORDINANCES The Director of Finance will review and approve all reimbursement ordinances from City departments, including enterprise fund departments, before forwarding to the City Council for consideration. In no event will a reimbursement ordinance exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department making a request. Reimbursement ordinances must be adopted within sixty (60) days of the date the original expenditures were paid. Bonds must be issued and the reimbursement allocation made not later than eighteen (18) months after the later of (1) the date the original expenditures were paid, or (2) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditures were paid. XV. USE OF ANTICIPATED BOND PROCEEDS The use of anticipated bond proceeds will be limited to preliminary (soft) costs, which may include engineering fees, architect fees, feasibility studies, etc... The Director of Finance may provide additional parameters regarding qualifying uses and will review and approve all requests for the use of anticipated bond proceeds. Departments may not use anticipated bond proceeds for preliminary costs earlier than 60 days from the date the City Council adopts an ordinance authorizing the sale of said bonds. In no event will the use of anticipated bond proceeds exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fiord of any other department making a request. XVI. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: • The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. • An active secondary market with a broad investor base for the issuer's bonds. • The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. Page 13 of 20 The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the bonds' soundness. - Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. 1. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined may include: a. Limits between lowest and highest coupons b. Coupon requirements relative to the yield curve c. Method of underwriter compensation, discount or premium coupons d. Use of true interest cost (TIC) versus net interest cost (NIC) e. Use of bond insurance f Serial bonds vs term bonds with mandatory sinking fund redemptions g. Deep discount bonds h. Call provisions B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale may include the following: - Overall experience - Participation in the City's past competitive sales - Marketing philosophy - Capability - Previous experience as managing or co-managing partner - Financial statement - Public finance team and resources - Breakdown of underwriter's discount, which includes management fee, underwriting fee, average takedown and other administrative expenses Page 14 of 20 C. Private Placement When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. XVII, INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's Investment Policy 4 403.06. B. Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Director of Finance will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. The Director of Finance shall include in the CAFR a report summarizing the City's arbitrage rebate liability. Page 15 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: 403.07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average Life - The average length of time debt is expected to be outstanding. Generally, a level debt service structure will limit the average life of a bond issue (i.e., a 20 year final maturity will have an approximate average life of 12 years, and a 30 year final maturity will have an approximate average life of 18 years). Basis Point-- One one-hundredth of one percent (0.0001) BBI Bond Buyer Index. Comparison of current rates for various maturities Bid Form - The document used by an underwriter to submit his bid at a competitive sale Bond - A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Page 16 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: DEBT SERVICE MANAGEMENT 403REFERENCE.07 NUMBER: __i Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Certificates of Obligation - A type of debt authorized to be issued pursuant to the Certificates of Obligation Act of 1971 (Subchapter C of Chapter 271, Texas Government Code). Closing - When bonds are exchanged for money (a/k/a delivery or settlement) Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale - A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at which interest begins to accrue from Page 17 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued [TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: 403.07 Debt Burden - The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Debt Service - The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default - The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance - Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S. government obligations Depository Trust Company (DTQ - A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downgrade - A reduction in credit rating Enterprise Activity -A revenue-generating projector business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn, sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Page 18 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: 403.07 Electronic Municipal Market Access (EMMA) - Effective July 1, 2009, the SEC implemented amendments to SEC Rule 15c2-12 which approved the establishment by the MSRB of EMMA, the sole successor to the nationally recognized municipal securities information repositories with respect to filings made in connection with disclosure undertakings. Access to filings are made free of charge to the general public by the MSRB. Final Official Statement (FOS) - A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation. Good Faith Deposit - A sum of money given by the Underwriter to assure his bid Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct pay" basis Level Debt Service - When annual payments are substantially the same each year Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Page 19 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued [TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: 403.07 Manager - The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment Lead Manager or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Joint Manager or Co-Manager Any member of the management group Municipal Advisory Council of Texas (AMC) - The designated State of Texas Information Depository as approved by the SEC with respect to filings made in connection with undertakings. Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale - A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent - An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Official Statement (POS) - The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a "red herring", often is examined upon by potential purchasers prior to making an investment decision Present Value - The value of a future amount or stream of revenues or expenditures in current dollars Page 20 of 20 POLICY/ADM NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: 403.07 Refunding - An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buyer - Individual investors Revenue Bond - A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Secondary Market - The market in which bonds are sold after their initial sale in the new issue market Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings - Different rating levels from different rating agencies Surety Bond - A bond guaranteeing performance of a contract or obligation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds True Interest Cost (TIC) - An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade An increase in credit rating CITY OF DE V l Ol V Page 1 of 18 Forma tted: Left POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL,EFECTIVEDATE: 03 05 96 TITLE: DEBT SERVICE MANAGEMENT EAST REVISION DATE: Mzua = _ 4 POLICY STATEMENT This police shall provide general guidelines by i\ hich the Citv of Denton (the City t Will issue debt. It is the objective of this policy that (1) the ( itv ol)taim financing only i\hen necessai-N, (2) the process for identify-mg the timing and ainuiint of debt or other financing, proceed as efficiently_ as possible, and (3) the most favorable interest rate and costs',-t This debt management police applies to the financing activities of the City of Denton, -:11 b€ Texas. It also addresses the issues of process, use and limitations. . 40H" N as closelkas possible to the time that contraci.~ arc r~hr~tr~l to hr a\\ardyd so that the proceeds are spent in the most efficient manner. ADMINSTRATIVE PROCEDURES L DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) consists of the Cih- Manager, Assistant City Managers, and the Director of Finance financial advisor and bond counsel -zal a7rch'cr,9. B. Scope The Commmittee shall meet a- -ta to revie`~T the debt, Formatted: Indent: Left: r program c include - i ' 1'~~ ~cn the ( ahitA Impiovv :mint 1'murana. status of Page 2 of 22 pry d timing of additional financing needs the effect of proposed financing activity on the related rates supporting the debt (i.e., properb tax rate, utility rates, user fees, etc.). II. RESPONSIBILITY AND STANDARD OF CARE The -Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The primai-v~ 1,4 kal 4 a a Formatted, Bulleted + Level: 1 + Aligned at: 125" + Indent at: 1.5" a a a a B. Conflicts of Interest All participants in the debt management process shall seek to act responsible as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their abilih- to make impartial financing decisions. C. Reporting The Director of Finance shall za - e r-n re n:l I ~Ic a report summarizing all debt outstanding be type (tai supported and revenue backed), remaining balance of Page 3 of 22 bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment communih-. The Director of Finance and the City's financial advisor shall, as necessaiv, prepare reports and other forms of communications regarding the Cit\ s indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes, 1))s1. annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans-,--t-. All forms of media deemed appropriate and immediately available to the City i\ ill be utilized to disseminate information to all investors. F\amples include Tey&~ Municipal Report, The Bond Buyer, I' I -I- 1 I i - and ; 444) , +if, . +4`_ ; s- w. Bond counsel will advise on the use of electronic media in connection with the Cit-'s debt progni m. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, 11)c marketing of debt issues, marketability of City obligations, sale and post-sale services, the review of the official statement, and other services, as necessaiv. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined bv_ the agreement approved by the City Council. F. Bond Counsel Page 4 of 22 The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to f-"TZ obligations until a written instrument ( Lt-; been prepared by the bond attorneys certify-ing the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attornev and the Director of Finance. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel 4jjj41 be retained to protect the City's interest in complex negotiations-aii4 eeffiffi III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Finance 4Rft er . Information for the Official Statement is gathered from departments/divisions throughout the City. The CJv will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15c4;2-12). The City will provide annual and event disclosure to information repositories throughout the term of securities for the benefit of the primaiv and secondaiv municipal market IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements orf any olitcr b n~ p dtt , the City will follow a police of full and complete disclosure ol' financial and legal conditions of the City, in conformance with #tit4 -ts$ - 4 by the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counsel or financial advisor.1 ----13 B. Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to t Ta~~ Try, ~4 the Municipal Securit<- Rulemaking Board (MSRB) and, to the Page 5 of 22 a + el 4W -State Information Depositoiv (SID) The events that must be reported, if material, are: 1. Principal and interest payment delinquencies, 2. Nonpayment related defaults, 3. Unscheduled draws on debt service reserves reflecting financial difficulties, 4. Unscheduled draws on credit enhancements reflecting financial difficulties, 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security, 7. Modifications to rights of security holders, 8. Bond calls, 9. Defeasances, 10. Release, substitution, or sale of property securing repayment of the securities, 11. Rating changes. Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with o of the rating agencies (Moodv's, Standard & Poor's, and Fitch), informing them of major financial events in the City as thev occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a . I I o personal meeting with representatives of the rating agencies will be scheduled i\ lien a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required $~ar 1 t the rating agencies: - Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. Page 6 of 22 - Current budget. - Current e-Capital improvement f4E1rogram44++3. - Official statements for new financings. - Description of projects being financed. - Sources and uses statement for p$cal- 4-l -t, 4 If additional funds are required to complete project the source of the funds and anv conditional requirements ~ I be discussed. - Engineering and feasibility report (if applicable). - Zoning or land-use map (if applicable). - Cash flow statement, in the case of interim borrowing. Statement of long - and short-teen debt with annual and monthly maturity dates as appropriate. Also, a report of- any lease obligations, their nature and term. - Indication of appropriate authority for debt issuance - Investment police (if applicable) - Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will -i rcad-K _ a comprehensive analysis of debt capacit prior to issuing bonds. This should cover a broad range of factors, including: • Legal debt limits, tax or expenditure ceilings. • Coverage requirements or additional bonds tests in accordance with bond covenants. • Measures of the tax and revenue base, such as projections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). • Population trends. • Utilization trends for services underIving revenues. • Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the City's financial perfonnance, such as revenues and expenditures, net revenues available after meeting operating requirements. • Reliabilih- of revenues expected to pay debt service. • Unreseived fund balance levels. • Debt service obligations, such as existing debt service requirements. • Debt service as a percentage of expenditures or tax or system revenues. • Measures of debt burden on the communih-, such as debt per capita, a~ debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. • Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. Page 7 of 22 The City haste revenue bonds and other indebtedness of the Electric, Water, Wastewater=,,, Funds. The Cit<- will -z'-:-N-(4+4 maintain two-coverage ratios a~ -+j the Citv's outstanding bond covenants (e.g. 1.25 and/or 1.50 times . or as required by individual bond covenants). The Electric, Water, wd Wastewater- Funds' total long-teen debt outstanding shall not exceed the amount of combined fund equit_t . Formatted: Indent: Left: , E: Formatted: Indent: Lett: 0", First line: OS" C iLkiYt I - Formatted:Indent: Hanging: 0.5" [ Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0" VIII. TYPES OF DEBT The Citv's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state la\\ for each debt issue These types may include: • short-term vs. long-term debt, • general obligation vs. revenue debt, • fixed vs. variable rate debt, • lease-backed debt, • special obligation debt such as assessment district debt, F Formatted: Indent: Left: 0.5" • conduit issues, and • taxable debt= Page S of 22 tli~-13cT " ` + EA4~,;- s - V°T_ BOND STRUCTURE Structural features that may be considered are: • maturih- of the debt, • setting the maturity of the debt equal to or less than the useful life of the project, • use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, • debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), • redemption provisions (mandatoiv and optional call features), • use of credit enhancement, • use of senior hen and junior hen obligations,-? 'et ~ad late- IY. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt-, i.e., it will be used, when appropriate, to provide interim financing which will eventually_ be refunded with the proceeds of long-term obligations. Page 9 of 22 Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations sat be obtained tt+ie--~ iii , "I, than long-term obligations and, thus, eza-r be used until long-term financing etas B. Commercial Paper Due to the-isa+aat costs associated with the marketing and placement of cornlnercial p - of less than-r ~ $25 millions ° liaA $o-y,t+e 4 is-' + (ems. Should thr oppoitunit\- to participate in a coimnercial paper issuance pool present itself C;' the advantages and disadvanta_,r:, ,hall he c~ adunted by the Direcloi (,I' I unite. C. Anticipation Notes Anticipation notes giving a notice of intent. Anticipation notes may be secured mud repaid bl a tra-r- pledg. _ of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes may be authorized by an ordinance adopted by the Citv Council. Anticipation notes mav_ be used to finance projects or acquisitions that could also be financed y; Certificates of Obligation u) 44 Fi ormatted, Indent: Left: 1.25", No bullets or numbering 2-} E) Anticipation notes mav not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, -_i42) A governing bode mail not issue anticipation notes that are pavable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters. [ Formatted: Numbered + Level: 1 + ry Numbering Style: A, B, C, + Start at: 4 + Alignment: Left + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" Formatted: Indent: Left: 1" j Page 10 of 22 [ Formatted: Numbered + Level: 1 + ry Numbering Style: A, B, C, + Start at: 4 + Alignment: Left + Aligned at: 0.5" + Tab after: 1"+Indent at: 1" Formatted: Indent: Left: 1" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 4 + Alignment: Left + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" Page 11 of 22 X1. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. A level debt service structure ill be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tai-exempt debt. However, the issuance of taxable debt mav be more appropriate in some circumstances and mav allow valuable flexibilil\ in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the Citv will usually issue tax-exempt obligations but mav_ occasionally issue taxable obligations. B. Bonds Long-term general obligation or revenue bonds shall be issued to finance qignificrurt and desirable capital improvements. The general obligation bonds mll hr uscd I'(n purposes set forth bv_ voters in bond elections All bonds shall be sold in accordance i\ ith applicable law. Formatted: Indent: Left: r" C. Certificates of Obligation Certificates of obligation may be issued to: • finance pennanent improvements and land acquisition--4e.-.e:=444 mil • finance costs associated with capital project overruns Page 12 of 22 • acquire equipment/vehicles • leverage grant funding • renovate, acquire, construct facilities and facility improvements • construct street improvements • provide funding for master plaits/studies • address necessaiv life safety- ncr:,k t„ 1', ~ , i In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least 444ee++ ~ I , ; davs prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. Thev mav also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, Wastewater-tea 6 revenues ma be pledged without limit for Electric, Water, Wastewater- ' purposes but mav_ only be pledged t+4 - 0W for non-utility sv_ stem purposes. [l As -Section X1, A. 4 . -e 4' „Aicatfs'-w 11-trE4- , D. Public Property Finance Contractual Obligation Public property finance contractual obligations mav_ be issued to finance the acquisition of personal propert . E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable of4itiane . the City mav consider the use of surett- bonds, lira of credit, or similar instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed revenue bonds. LFormatted: Indent: Left: 0" Formatted: Indent: Left: 0.5" Page 13 of 22 Formatted: Indent: Left: r X111. REFUNDING AND RESTRUCTURING OPTIONS J the City shall consider refunding debt whenever an analysis indicates the potential Ior present value savings ofader- 3 of the tieing refunded 411 Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Page 14 of 22 X METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: • The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. • An active secondaiv market with a broad investor base for the issuer's bonds. • The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. • The issue is not viewed by the market as canning overly complex features or requiring explanation as to the bonds' soundness. • Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: .1.25" Formatted: Indent: Left: 1.25' Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, + Start at, 1 + Alignment: Left + Aligned at: 1.5 + Indent at 1.75' aa. B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the Page 15 of 22 option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the undeiii-riter or direct purchaser. In a negotiated sale, the undeiii-riter may be selected through a request for proposals (PFP) or because of a relationship established by previous debt transactions. The criteria used to select an undeilvriter in a negotiated sale include the following: • Overall r\herience xx. I~lc C6 pasl col ll >chl:_ . • Marketing philosophy • Capabilitt • Previous experience as managing or co-managing partner • Financial statement • Public finance team and resources • Breakdon of underliriter's discount, M)c Formatted: Indent: Left: 0.5", First line: 0.5" C. Private Placement When cost-beneficial, the City may privately place its debt. Since no undeilvriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity mav_ be identified by the financial advisor. q4 .a Formatted: Indent: Left: 1" a~ TomE~r'~ F; Alei~ •-~=i~ iaf~ Formatted: Indent: Left: 0.5", First line: 0.5" XV11 . INVESTMENT OF BOND PROCEEDS A. Strategy- Page 16 of 22 The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with Federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's investment p1lolicy 4 403.06. B. Arbitrage Compliance The City will follow a police of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessaiv rebates will be filed and paid when due. C. Arbitrage Liability Management The- Director of Finance will maintain a system for tracking arbitrage rebate liabilih- and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. -A rbitrage rebate lrflbrlit\ '*est s?-tiIira-f~ - 3 :a, +i$i-~ ~ Irss~cm 1 `L mr,.; C! -zara=? tfa t1 F;- 1 t-= Tai+, _ -f '-H- i-F°. Page 17 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The abilih- to earn arbitrage by issuing tax-exempt securities has been severely curtailed bv_ the Tax Reform Act of 1986, as amended Average Life - The average length of time debt is c\,pected to be outstanding. M Basis Point - One one-hundredth of one percent (0.0001) BBI - Bond Buver Index. Comparison of current rates for various maturities Bid Form - The document used by an undeilvriter to submit his bid at a competitive sale Bond - A securih, that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validih- of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Page 18 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporaiv use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Closing- When bonds are exchanged for money (a/k/a deliveiv or settlement) Commercial Paper (Tax-Exempt) - l3v convention, short-term, unsecured promissoiv notes issued in either registered or bearer form with a stated maturih- of 270 davs or less Competitive Sale - A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the davs when virtually all municipal bonds were in bearer form with coupons attached, the teen is still frequently- used to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and interest pavinents. Thev include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually- printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at which interest begins to accrue from Page 19 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Burden - The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation - The maximum amount of debt that is legallv permitted by a jurisdiction's charter, constitution, or statutory requirements Debt Service - The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and alloyed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A hIpical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default - The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance - Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U. S. government obligations Depository 'rust Company (DTC) - A limited purpose trust company organized under the New York Banking Lary. DTC facilitates the settlement of transactions in municipal securities Downgrade - A reduction in credit rating Enterprise Activity - A revenue-generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and seNver treatment facilities and utility facilities Page 20 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Formatted: Font: Bold, Italic Find Official Statement (FOS) - A document published by the issuer which generalh discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation. Good Faith Deposit - A sum of money given by the UnderllTiter to assure his bid Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisor-- and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct pad-" basis Level Debt Service - When annual payments are substantially the same each year Page 21 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commmitment fee Manager - The member (or members) of an underliTiting syndicate charged with the primaiv responsibility for conducting the affairs of the syndicate. The managers take the largest underliTiting commitment Lead Manager or Senior Manager The underlj°riter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underlyriters Joint Manager or Co-Manager Any member of the management group Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale - A sale of securities in which the terms of sale are detennined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent - An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Official Statement (POS) - The POS is a prelirminaiv version of the official statement which is used by an issuer or underlj°riters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The prelirminaiv official statement, also called a "red herring", often is examined upon by potential purchasers prior to making an investment decision Page 22 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Present Value - The value of a future amount or stream of revenues or expenditures in current dollars Refunding - An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturih- and/or to reduce debt service cost Retail Buyer - Individual investors Revenue Bond - A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activih. Generally, no voter approval is required prior to issuance of such obligations Secondary Market - The market in which bonds are sold after their initial sale in the new issue market Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings - Different rating levels from different rating agencies Surety Bond - A bond guaranteeing performance of a contract or obligation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandator, redemption of specified amounts of principal during several years prior to the stated maturit\-, which effectively simulates serial bonds 'rue Interest Cost (TIC) - An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade - An increase in credit rating AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Legal Department CA: Anita Burgess, 349-8336 SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Amendment to Power Sales Contract regarding the Texas Municipal Power Agency, a Texas Joint Powers Agency, executed by its four Member Cities, the Cities of Bryan, Denton, Garland and Greenville, Texas; authorizing the City Manager and the City Attorney to act on the City's behalf in executing the Amendment to Power Sales Contract together with all necessary supporting documents, and to take such other and further actions as are necessary in order to effectuate and finalize the Amendment to Power Sales Contract; authorizing the expenditure of any funds therefor; and declaring an effective date. BACKGROUND: This item was presented to the Public Utilities Board in closed meeting on April 12, 2010. Authority was obtained from the Board that provided that Section 23 of the proposed Agreement (which was proposed only by the City of Bryan) should be stricken. The Amendment has been otherwise recommended by the Board, save and except the language contained in Section 23. This item was presented to the Council in its Closed Meeting earlier on this date. OTHER PERTINENT INFORMATION: This Amendment to Power Sales Contract is required to be executed by each of the four Member Cities of Texas Municipal Power Agency ("TMPA") due to the issuance of Transmission Debt for the benefit of TMPA. It will then be placed on the TMPA Board of Directors meeting for May 13, 2010. The four Member Cities are awaiting a uniform form of ordinance from TMPA's bond attorneys (McCall Parkhurst, Dallas, Texas) for each of the four cities to adopt. Respectfully submitted, ~i. I 5 F I Michael S. Copeland, Utility Attorney This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Hold a public hearing inviting citizens to comment on the City of Denton's 2010 2014 Consolidated Plan ,for Housing & Community Development and the 2010 Action Plan. BACKGROUND Using a process with input from citizens and local non-profit organizations, staff developed Denton's 2010-2014 Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. HUD requires a 30-day comment period. The 2010 Action Plan comment period was advertised as April 3rd through May 3rd. Copies of both documents have been available for citizen review in the Community Development Division office in City Hall East, 601 E. Hickory Ste B, the MLK Jr. Recreation Center, Denia Recreation Center and on the City's website. The 2010 Action Plan includes activities recommended for funding by the Community Development Advisory Committee and the Human Services Advisory Committee. It also includes CDBG and HOME administration funding. Minutes from the CDAC and HSAC meetings are attached to the document. ESTIMATED PROJECT SCHEDULE Public comment period April 3 - May 3 CDAC & HSAC presentation to City Council April 20 Public Hearing April 20 Action Plan approval May 4 Submission of Action Plan to HUD June 15 HUD release of funds & program initiation August 1 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure improvements. The CDAC developed recommendations for $1,338,297 in funding to be allocated to various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2010 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC recommended that $141,180 in CDBG funding be awarded to various social service programs. Both committees presented their recommendations to City Council at the work session on April 20th. FISCAL INFORMATION All projects and programs approved under the 2010 Action Plan are funded with CDBG, HOME and program income from the use of these funds. No general fund dollars are included in the proposed Action Plan activities. Some general funds are used for program administration. EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. 2010 - 2014 Consolidated Plan for Housing and Community Development 4. 2010 Action Plan for Housing and Community Development Respectfully submitted: Mark Cunningham Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 1 Non-Profit Denton Affordable Housing Corp $87,100 $87,386 Denton City County Day School Improvements Light Fixture $5,300 Cabinets/Sinks $7,100 2 Non-Profit Water Heaters $2,100 $2,100 Resource Room $6,100 $6,100 Park Benches $5,200 Outside Lights $2,100 $2,100 Outside Canopy $29,850 $29,850 Denton Co. Seniors Housing, Inc. 3 Non-Profit $26,625 dba Fairoaks Of Denton Fred Moore School - Phase I Activities Roof Repair $54,050 $54,050 Drainage & Small Retaining Wall $21,038 Repair HVAC Replacement $29,350 $29,350 Flooring Replacement $10,691 Exterior Window Replacement $15,000 $15,000 Painting $14,900 Electrical Repairs $5,000 $5,000 4 Non-Profit Plumbing Repairs $6,500 $6,500 Door Replacements $6,000 $6,000 Entry Reframing $4,500 $4,500 Page 1 of 3 April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 Fred Moore School - Phase 11 Activities Planning and Engineering $7,000 Playground Equipment $15,000 Construction of Retaining Wall $90,000 Construction of Parking Lot $90,000 Landscaping and Irrigation $20,000 Fencing $28,000 Mack Park Shelter Project $40,000 $40,000 5 Parks & MLK Center ADA Accessible Parking $22,000 $22,000 Recreation Dept. Quakertown Park ADA Accessible $126,500 $73,031 Sidewalk Project Ruth St. Sanitary Sewer Line $248,500 $248,500 Replacement Clifton St. Sanitary Sewer Line $60,500 Replacement Morse St. Sanitary Sewer and Water Line Replacement $362,000 Utility & CIP Alexander St. Sanitary Sewer Line $60,200 6 Engineering Replacement Dept. Baldwin St. and Ramey Circle Water Line Replacement $168,500 Kerley St. Water Line Replacement $288,000 Egan St. Sidewalks $93,200 Crescent St. Sidewalks $149,100 7 CD Division Home Improvement Program $350,000 $75,000 $275,000 8 CD Division Homebuyer Assistance Program $250,000 $56,160 $193,840 9 CD Division Minor Repair Program $125,000 $125,000 TOTAL FUNDING RECOMMENDED $2,932,004 $800,241 $556,226 TOTAL FUNDING AVAILABLE $1,356,467 $800,241 $556,226 Page 2 of 3 April 5, 20 10 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2010/11 PROGRAM YEAR 2010 CDBG HOME APPLICATION FUNDING FUNDS FUNDS REQUEST $800,241 $556,226 TOTAL FUNDING DIFFERENCE ($1,575,537) $0 $0 F-1 Shaded requests are HOME eligible activities Page 3 of 3 2010-11 Human Services Advisory Committee Recommendations for Funding 2010-11 ORGANIZATION 2009-10 Requested Recommendation Award 1 Health Services of North Texas 12,550 30,000 21,394 (Previously known as AIDS Services of North Texas) 2 Camp Summit 4,000 14,810 2,944 3 Court Appointed Special Advocates (CASA) 10,000 12,000 11,000 4 Children's Advocacy Center 7,500 85,975.28 9,833 5 City of Denton - Owsley Summer Program 6,000 30,714.10 5,944 6 PARKS MLK Program 6,000 30,714.10 5,944 7 Communities in Schools 5,000 5,000 5,000 8 Day Stay for Adults 7,500 8,000 6,778 9 Denton Christian Preschool 22,000 22,500 22,056 10 Denton City County Day School 26,550 36,000 26,222 11 Denton Co. Friends of the Family 24,000 30,000 26,111 12 Family Health Care, Inc. 20,585 23,500 20,787 13 Fred Moore Nursery School, Inc. 23,720 50,000 23,556 14 HOPE, Inc. - HMIS 18,000 18,000 18,000 15 HOPE, Inc. - Transitional Housing 20,950 22,000 21,889 16 Retired Senior Volunteer Program (RSVP) 7,530 10,000 7,900 17 Special Programs for Aging Needs (SPAN) 18,374 25,000 21,167 People's Clinic of Denton Co. 14,000 Total 254,259 454,213.48 256,525 FUND 2008-09 2009-10 2010-11 General Fund $119,602 $119,796 $115,345 C. D.B.G. $131,398 $134,463 $141,180 Total $251,000 $254,259 $256,525 General Fund - Fair Share $27,500 3/31/10 2010-11 Estimated DRAFT city of Denton Consolidated Plan for Housing and Community Development 2010-2014 e t i , Housing Park Facilities <ara Public Improvements Human Services CITY OFDENTON, TEXAS COIVIMUNITYDEVELOPMENT DIVISION Denton City Council Mark Burroughs, Mayor Chris Watts, District 4 Charlye Heggins, District 1 Pete Kamp, At Large Place 5 Dalton Gregory, District 2 Joe Mulroy, At Large Place 6 Jim Englebrecht, District 3 George Campbell, City Manager Community Development Advisory Committee Dr. Ron Aldridge Lisa Melby Sandra Benavides Cathy Tedrick Herbert Holl Dorothy Watts Gerard Hudspeth LaNelle Winn Ray Jordan Human Services Advisory Committee Mary Behrens Maria Minerva Villanueva- Simental Teddy Griffin Steve Pogue - Chair Jan Hillman Dr. Richard Stream Mary Ann McDuff - Vice Chair Megan Stoker Mari Metzgar Community Development Division Angel Delgado, Administrative Assistant Gordon Meredith, Residential Const. Specialist Nancy Baker, Housing Programs Manager Luisa Rodriguez-Garcia, CD Coordinator Alma Espino, Human Services Coordinator Barbara Ross, Administrator SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies, departments and committees who participated in developing the City ofDenton's 2010-2014 Consolidated Plan. Approved by Denton City Council on Submitted to the U& Dept o f Housing and Urban Development in June 2010. www.cilyofdenton.com ADA/EOE/AREA TABLE OF CONTENTS 1. INTRODUCTION 1 IL CONSULTATION AND CITIZEN PARTICIPATION 2 III. POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS 5 IV. HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing 23 b. Owner-Occupied Housing 27 C. Homeownership ..................................................................................................29 d. Special Needs Housing 32 e. Public Housing 34 f Homelessness and the Continuum of Care 34 g. Lead-Based Paint Hazards 42 VII. NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services 45 b. Public Infrastructure and Public Services Facilities 49 C. Anti-Poverty and Economic Development 51 V. BARRIERS TO AFFORDABLE HOUSING 53 VI. INSTITUTIONAL STRUCTURE 61 VIII. APPENDICES a. HUD Priority Needs Tables for Housing and Community Development 65 b. Denton Citizen Participation Plan 68 C. Home Improvement Map 71 d. Denton's Permit Schedule 72 e. Homeless Count 2000 through 2005 79 f. Glossary 80 g. Focus Group Comments ..................................................................83 h. Fair Housing Plan ..........................................................................87 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U. S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Development Act of 1974. This formula-based program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title 11 of the Cranston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. Denton's 2010-2014 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. Denton's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit organizations, the educational community, elected leaders, the Community Development Advisory and the Human Services Committees and the City. This establishes a unified vision for community development actions. This process allows for more effective coordination of efforts by consolidating federal requirements, submissions and planning for Denton's CDBG and HOME programs. This plan will be effective beginning in the 2010 program year, August 1, 2010 and ending at the close of the 2014 program year, July 31, 2015. Any major revisions will be made by formal amendment to the Plan. Page 1 CONSULTATION AND CITIZEN PARTICIPATION The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 67 for Denton's Citizen Participation Plan. LEAD AGENCY The Community Development Division, City of Denton, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Development. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, HOME, Supportive Housing Program and Emergency Shelter Grant (State funding) funds. Also, Denton's only Community Housing Development Organization, the Denton Affordable Housing Corporation and other housing providers such as Habitat for Humanity. CONSULTATION PROCESS A. Community Needs Assessment - Community Development staff carried out a community needs assessment. The needs assessment included conducting various focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed two major questions: (1) What do you see as the top three most significant issues or problems facing residents of the City of Denton? (2) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet these identified issues and problems? The coalitions used as focus groups represent a various health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, senior services, childcare, social service agencies, Denton and Lewisville school districts, early childhood intervention programs, family support agencies, Denton County Mental Health Mental Retardation, the North Central Texas Council of Governments and volunteer programs. (See Appendix G, page 85 for focus group comments). B. Public Hearings - Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish. See Action Plan for comments obtained from the public hearing process. C. Denton Housing Assistance Providers - Discussions with local housing assistance providers regarding housing priority needs and filling the gaps on the institutional structure. Page 2 D. Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). On an annual basis, these committees use information in the Consolidated Plan along with current community input to advise City Council regarding the expenditure of CDBG and HOME funding. The HSAC committee also develops recommendations for general fund dollars for public services. E. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. F. Other Cities - The following were contacted and invited to comment on the Consolidated Plan: Argyle, Corinth, Flower Mound, Fort Worth, Krum, Lewisville, Shady Shores, Denton County and the Texas Department of Housing & Community Affairs. No comments were received. G. Continuum of Care - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. H. Geriatric Services Workgroup - The Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the Geriatric Services Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION A. Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. B. Community Development staff held focus groups with various associations/organizations, including a) Geriatric Services Workgroup, a collaborative of senior service organizations; b) Denton Information Network (various County, area-wide and City service providers) c) Denton County Homeless Coalition Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 7th and 10th. The December 10th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked about the needs of the community. Both of the public hearings were held within low and moderate-income neighborhoods. Information on the public hearings was included in the Community Development newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; City Council, Human Services Advisory Committee (HSAC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the local newspaper, the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisements were placed in the Denton Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U. S. Department of Housing and Urban Development. The advertisement also included timeframe for the thirty-day comment period, the locations of the plan and where to direct comments on questions. Adjacent communities were contacted. They were given the opportunity to review the 2010- 2014 Consolidated Plan and provide comments. To ensure citizen participation at all stages of the 2010 Consolidated Plan process, one public hearing was be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the proposed 2010 Consolidated Plan. of the 2010 n Punt for c t- the publi ° - r 9. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Denton's population growth and projected growth to the year 2030. From 1990 to 2000 the population increased by 21.5%. If U. S. Census Bureau estimates are correct, it will increase by almost 55% from 2000 to 2010. The only decrease in the growth rate occurred between 2000 and 2005. According to the Census Bureau, Denton is among the top ten fastest growing cities in the nation. Population Growth and Projections "ear Population ° o Change 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92,375 14.7% 2010 124,746 35% 2015 149,695 20% 2020 173,646 16% 2030 229,213 32% Source: University of North Texas Center for Economic Development & Research Population by Race and Ethnicity From 2000 to 2007, according to U.S. Census Bureau estimates, the percentage of all racial/ethic groups increased except for the American Indian, Asian & Pacific Islanders and "Other" single race. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity RacelEthnicity 2000 2007 Estimate Chan,e 2000 to 2007 Persons % of Persons % of Change % Change Total Total White 60,900 75.6% 80,791 79.2% 19,891 32.7% Black or African American 7,344 9.1% 10,385 10.2% 3,041 41.4% American Indian 464 0.6% 482 .05% 18 3.9% Asian & Pacific Islanders 2,774 3.4% 2,926 2.9% 152 5.5% Other Single Race 7,126 8.8% 3,818 3.7% (3,308)* -46% Two or More Races 1,929 2.4% 3,654 3.6% 1,725* 89.4% Total Population 80,537 100% 102,056 100% 21,519 26.7% Hispanic Origin (Any Race) 13,188 16.4% 18,599 18.2% 5,411 41% Source: 2000 U. S. Census Data and American Coimmmity SuR-ey Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2007 U. S. Census Estimates Two or More American Asian & Races Indian Pacific 2% 0% Islanders 3% Other Single Black Race 8% 8% Ori spank y Race) 14% According to the 2000 Census, CT 212 in Southeast of downtown Denton and CT 209 have the highest percentage of minorities by race in Denton with 47.28% and 42.42 respectively. CT 209 and CT 206.02 have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information by census tracts on minority concentration. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race Minority Concentration by Ethnicity Census Tract Percenta-e of Census Tract Percenta,-,e of Hispanic y'linorities of am race 213.01 ?3.10% 2L 21.46% 204.01 25.15% 214.01 23.26% 207 27.00% 206.01 25.54% 206.02 27.87% 208 25.67% 208 29.65% 206.02 27.47% 211 30.37% 209 37.48% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U.S. Census Source: 2000 U.S. Census Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. E Minority Concentration by Census Tracts 2UG01 " 0 - 25% 206.02 +25%-30% 207 _..;M.._. +31%-40% 21.1 +41%-50% 212 +50%-100% Source: U.S. 2000 Census 209 ~ Y Housing Supply The tables below indicate that the number of housing units has increased by an estimated 31.6% from 1990 to 2007. The greatest increase was in the percentage of single-family units. The definition of "single-family" includes both single-family detached and attached units. City of Denton Housing Stock Comparison 1990-2007* Year Sin,_,le Detached Nhdti-Unit Other TOTAL Units Attached Housing Units Housing, Units 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 2007 21,403 14,552 1,945 37,900 % Change +62% +8.8% -12.2% +31.6% From 1990 Source: U.S. Census of Population and Housing, American Conumuiity Survey *2007 munbers are estimates Page 7 City of Denton 2000 Housing Stock & Vacancy Rate 1 Units No. of Percent of Vacant Vacancy Housin Units Total Units Units Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1 % 0 0% TOTAL 32,753 100% 1,853 Source: U. S. Census of Population and Housing 2008 Housing Stock Estimates Hous1111; Units No. of Units °o of Total Units Single Family 22,419 54% Multi-family 17,183 42% Mobile Home 1,592 4% Other 0 0% TOTAL 41,194 100% Source: American Coummwity Su R-ey The 2000 Census information and 2008 American Community Survey estimates information above indicates that percentage of single-family units has increased and now makes up 54% of the housing units rather than the 50.1% in 2000. The percentage of multifamily has decreased by 2%. According to the 2008 estimates, rental vacancy rates have decreased since 2000 and are now at 8.2%. There is a 25.8% increase in the number of housing units available since 2000. City of Denton Number of New Units Permitted 1990-1998 Year Sin'le-Family SIII'de-Family Nlulti-Family Total Detached Units Attached l_!nits Honsin(" Units Units 1990 104 0 17 121 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 Percent 58% 1% 41% Source: City of Denton Building Inspections Department, 1999 Page 8 Building Permit Activity From April 2000 to October 2004 Time Period Total Units Single-Family Multi-Family SF and NIF OnIN No. of Units Percentage No. of Units Percentage Census-April 2000 30.,044 10,400 100 14, 544 470o Units based on final building, permits 4/2000 - 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002 - 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003 - 12/2003 35,844 897 55.37% 43 44.63% 1/2004 - 10/2004 37,761 899 55.07% 928 44.93% Total Units 37,671 20,747 55% 16,924 45% Source: City of Denton Planning & Development Department Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units continues through 2000 and beyond as indicated by the chart below. The adopted Denton Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Building Permit Activitv 2005 - 2008 2005 2006 2007 2008 Single Family Permits 1,242 949 786 410 Two Family Permits 5 70 9 6 Multi-Family Permits 3 5 3 3 Source: Housing Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitment that residents have for their community. Rental units are often seen as more affordable than owner-occupied housing. In 2000 the homeownership rate of 41.7%, showed that Denton had a very low percentage of owner-occupied housing units compared to the State's percentage. The large number of university-related households was a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner- occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of the overall Texas rate. From 1990 to 2000 the percentage of owner-occupied units increased. The 2008 ACS estimates that the owner-occupied unit percentage increased to 47.2%. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. Page 9 2000 Owner/Renter Comparison City of Denton & State of Texas Owner-Occupancy Rate Flower 1960 - 2000 Fear Carrollton Denton 1\lound LexxisN ille City of State of Year Denton Texas Total 39,136 30,895 16,179 30,043 1960 60.3 64.8 Owner 1970 51.3 62.7 occupied 25 710 12 960 15 024 16 184 1980 46.7 67.2 Renter 1990 39.3 60.9 occupied 13,426 17,935 1,155 13,859 2000 41.7 63.8 Source: U.S. Census of Population and Housing Source: U.S. Census of Population and Housing With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of Denton's population of 26,844 represented more than 56% of all the population in Denton County. Since then, Denton has become a smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more renter-occupied units were added to the housing supply. Between 1960 and 2000, additional renter-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. Information on 2000-04 building permits indicates that the percentage of single family housing continues to increase. However, as indicated in the chart below, Denton continues to have a significant percentage of renter-occupied units. City of Denton Population & Housing Tenure 1960 - 2008 Year Population Ovhner-Occupied Units Renter-Occupied Units 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 2008 115,022 17,340 19,371 1960-2008 +88,178 +12,746 +16,346 % Change +329% +277% +540% 1960-2008 Source: U.S. Census of Population and Housing and American Cormmwity SuR-ey estimates Page 10 Housing Market Analysis - 2000 Vacancy e & 1 3+ Substandard Housing Stock Inventory Rate Bedroom 2 Bedrooms Bedrooms Total Units Units Rented/Owned Occupied Units: Rentei 8272 6360 3,N 1 18013 Occupied Units: Owner 485 1669 107, 12887 Vacant Units: For Rent 4% 484 530 175 1189 Vacant Units: For Sale 1% 20 60 180 260 Total Units Occupied & Vacant 9261 8619 14469 32349 Rents: Applicable FMRs (in $s) 713 868 1,412 Rent Affordable at 30% of 50% o I (in $s) Public Housing Units Occupied Units 0 0 0 0 0 0 Vacant Units 0 0 0 0 0 0 Total Units Occupied & Vacant 0 0 0 0 0 0 Rehabilitation Needs (in $s) 0 0 0 0 0 0 Rental housing in the city is not only prevalent in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 Occupied Total Percent Owner Percent Renter Percent H OCCLIJ Units Occupied Of Total Occupied Owner- Occupied Renter- ` Units Units Units Occupied Units Occupied Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,0133 58.3% Source: U.S. Census of Population and Housing Condition of Housing Census figures indicate that 9,875 housing units in Denton were built before 1970. In 2000, this number represented approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percentage of these units are located in the low-income areas of Denton. Page 11 The City's Code Enforcement Division completed a Housing Conditions Survey in Jan/Feb 2010. The results of the survey indicate that a significant number of potentially substandard units are located in low to moderate-income neighborhoods. Below is a listing of the census block groups with five or more units that have exterior substandard features. Census Block # of Substandard Tract Group Units 204.02 4 5 206.01 3 5 206.02 2 15 206.02 3 21 208 3 5 210 3 5 211 1 11 212 2 34 213.01 1 7 213.02 4 7 214.01 2 25 (mobile homes) Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, it was noted that the period from 1993 to 1998 Denton saw a 60% increase in housing price in the area. From 1998 through 2009, the median sales price, based on all housing transactions in the Denton Multiple Listing Service (MLS), area increased by 28%. From 1997 to 2003 the percentage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percent. This is a significant decrease in the availability of units in this price range. Page 12 Denton MLS Area Annual Median Sales Price of Houses 1997- 2009 Average Cost of Apartments in Year Annual N~ledian Price Denton 1998 $124,800 No. of Bedrooms A\-ernge Price 1999 $132,800 Efficiency $428.00 2000 $144,700 1 Bedroom $538.00 2001 $151,000 2 Bedroom $687.00 2002 $152,100 3 Bedroom $898.00 2003 $153,900 Source: Planning and Development Dept., City 2004 $155,500 of Denton - 2005 2005 $158,200 2006 $161,600 2007 $165 900 Denton is home to two State universities - The $160,100 University of North Texas and Texas Woman's 2008 2009 (est) $159,100 University. As a result, occupancy rates during the Change +28% fall, winter and spring are higher. Occupancy Source: Real Estate Center at Texas A & M levels are substantially reduced during the summer University months. Housing cost information below indicates that Denton has a significantly higher number of single-family units valued below $120,000 than the surrounding communities. More than 55% of Denton's single-family units fall into this range. The community with the next highest percentage is Lewisville with less than 35% of units being valued at less than $120,000. 2006 Average Home Values The Fluvyer Hi<_Yhland Lake (AN C~olon~ Connth Denton Mound Village Dallas Le\\is\ille Average Value $139,657 $172,374 $130,657 $246,834 $252,934 $102,072 $141,091 Source: Denton Central Appraisal District Denton continues to have average home values that are lower than most of the surrounding communities. The information above is the most recent report data from the Denton County Page 13 Household Size, Composition and Income 2004 Single-Family Units by Appraised Value Range in Appraised Flower Highland Value Denton Lewisville Mound Village Corinth $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 446 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 10 1,176 317 10 $750,000 and Above 3 - 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in Denton has decreased from 3.0 to 235 persons per household. In 2000, 66% of all households in the city had only one or two persons. The 2008 ACS estimate states that the average household size increased to 2.74 persons per household. City of Denton - Persons per Household 1960- 2008 Population Total _ I opulation in Number of I ersons I er a"ear Population I» KI1OUp Ouar rs Households Households Household te 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 2008* 115,022 Not available 100,513 36,711 2.74 Source: U.S. Bureau of Census; *2008 Estimate ACS University students living off-campus may be responsible for both the decreases in owner- occupancy and household size in Denton. In 1970, the group quarters population in Denton was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of Page 14 the total population. As stated above, from 1960 to 2008, the average household size in Denton went from 2.97 down to 2.31 in 1990. It has now increased to an estimated 2.74. In 2000 household size in Denton was approximately 12% less than in Denton County as a whole - 235 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. In 2000, Denton had a significant majority of small households. Two of every three households had only one or two people; less than one of every five households had more than three people. It is anticipated that 2010 census information will show that household size in Denton has continued to increase. City of Denton - Number of Persons per Household - 2000 Number of Persons Number of Percent of all Cumulatiy e Percent In Household Households Households of all Households 1Person 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3 393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons 401 1.3 100 Source: U.S. Bureau of Census In 2000, Denton continued to have an unusually small percentage of residents that live in family households, compared to other entitlement cities in the area. 2008 estimates indicate an increase in the percentage of population in households to 87.4%. We may also see an increase in family households in the 2010 Census. Citv of Denton - Percent of Po ulat. in Families in 2000 City Population Percent of Population Person Per In Families Household Denton 80,537 62.4% 2.3 5 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94%. 3.12 Denton County 432,976 81.7% 2.67 Source: U.S. Bureau of Census As late as 1970, the population of the City of Denton accounted for more than half the total population of Denton County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percent of all persons, 22% of all households, and 10% of all families in Denton in 1990 lived in poverty. The percentage of families living in poverty in the balance of the county was 3%. The city had more than half of all persons and households in Denton County that lived in poverty and almost half of all families. Page 15 Denton County Comparison Persons, Households & Families In Povertv - 1990 City of Denton F Denton City as a °0 Denton County of the County Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70 331 19.6 Families in Poverty 1,366 3 195 42.8 Source: U.S. Bureau of Census, 1990 2000 Census information continues to illustrate that fact that Denton has a higher percentage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Estimates from the 2006-2008 American Community Survey indicate that 19% of individuals and 9.7% of families residing in Denton are below the poverty level. Families with small children (under five years of age) and females with small children have the highest levels of poverty. According to the ACS, 45.5% of female-headed households with small children in Denton live in poverty. Denton County Comparison Persons & Families in Poverty - 2000 Reporting Area 111d1v ideals Below Families BcloN\ No. of of Families Poverty Lev cl Poverty Lc~ cl Families Bclo\\ Poverty Carrollton TX 6.057 1.180 4. 10 o Denton TX 11,776 1,446 16,407 8.8'%. Flower Mound TX 1 ?66 314 14,262 12% Lewisville TX 4,629 788 19,815 4.0% Denton County TX 28,039 4,601 111,324 4.1% Source: U. S. Bureau of the Census, 2000 In terms of household and family income, the City of Denton is lower than the rest of Denton County. Denton County Comparison Household and Family Income - 2000 Avg,. Household AN. Family City I S O 0 of COMM nReporting Area Income Income (Family Income) Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5% Lewisville TX 54,771 63,719 91.9% Denton County TX 58,216 69,292 Source: U.S. Bureau of Census Page 16 According to the 2000 Census information, the following maps show the concentrations of low- income households in Denton. Low-income concentration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income Concentration of Low/Mod Income by Block Groups 0-50% 51%-60% 61%-70% W 71%-80% 81%-90% 91%-100% Source: 2000 U.S. Census Page 17 Housing and Assisted Housing for Low-Income Households The City of Denton has no conventional public housing. The Denton Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory Organization Type of Assistance Funding Source Number of Units Denton Housing Subsidized units in Authority City of Denton Section 8 1510* Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 276 Creek Units Primrose at Sequoia Affordable Senior LIHTC 250 Park Units Pebblebrook Affordable Family LIHTC 250 Apartments Units Pecan Place (DHA) Subsidized Senior LIHTC; CDBG 24 Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Quail Creek North Affordable Family LIHTC 264 Units Providence Place II Affordable Senior LIHTC 252 and Family Units Fairoaks Subsidized Senior Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME' 34 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 20 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 11 Housing Corp. Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Number of vouchers available Page 18 Homeless and Special Needs Housing and Services Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Tar,_;et Population Purpose DCTA Persons with Provision of a transportation system for transportation needs residents of Denton. Denton City County Low-income households Provision of day care with fees on a sliding Day School scale for low and moderate-income households. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Homebuyer program Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairoaks, Pecan Place Low-income elderly Provision of affordable housing and & Heritage Oaks support services. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Day Low-income households Provision of day care with fees on a sliding Nursery School scale for low and moderate-income households. Health Services of Low-income and indigent Provision of basic health care services and North Texas individuals services to individuals and hh's impacted by AIDS and HIV. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of employment counseling and Workforce child care assistance. People's Clinic Low-income households Provision of sliding scale primary health care. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Page 19 Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Tar,-;et Population Purpose SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. TTR[PS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Employment As of November 2009 the available workforce for the city of Denton was 63,857. The unemployment rate was 6% which was less than rate in Denton County and the State of Texas. Denton is fortunate to draw workers from the Dallas and Fort Worth areas representing more than 5 million people, as well as north to the southern Oklahoma border The following provides information on the major public and private employers in the City of Denton. Top Five Public Employers # of Jobs University of North Texas 7,762 Denton Independent School District -1 113 Texas Woman's University 1,586 Denton County 1,565 Denton State School 1,500 Top Five Private Em plovers # of Jobs Peterbuilt 1,500 Denton Regional Medical Center 867 Victor Equipment Company 751 Presbyterian Hospital 750 Sally Beauty Supply Co. 600 Page 20 MAJOR EMPLOYERS Employer Zip Code Employees Industry [Site Employment] • UNIVERSITY OF NORTH TEXAS 76203 7,762 EDUCATION] I ~ --TEXAS WOMAN'S UNIVERSITY 76205 1,586 EDUCATION • DENTON COUNTY (COMMISSIONERS COURT) 76201 1.565 PUBLIC ADMINISTRATION • PETERBILT MOTORS CO 76207 1.500 MANUFACTURING • DENTON STATE SCHOOL 76202 1.500 HEALTH CAPE • DENTON REGIONAL MEDICAL CENTER 76205 1 867 HEALTH CARE • THERMADYNE HOLDING CORP (VICTOR EQUIPMENT 76207 751 MANUFACTURING CO A DIV OF THERMADYNE) PRESBYTERIAN HOSPITAL OF DENTON 76201 750 HEALTH CARE • SALLY BEAUTY COMPANY. INC 76202 600 RETAIL • COUNTY OF DENTON 76205 540 PUBLIC ADMINISTRATION • WAL-MARTSUPERCENTER 76205 535 RETAIL • JOSTENS, INC 76210 465 MANUFACTURING I • ANDERSON MERCHANDISERS 76207 332 WAREHOUSE • TEXAS HEALTH ENTERPRISES INC 76201 1 312 HEALTH CARE • FEMA - TEXASNATIONALPROCESSINGSERVICE 76202 300 PUBLIC ADMINISTRATION CENTER • WAL-MART STORES INC 76205 300 RETAIL • TETRA PAK MATERIALS, L.P. 76207 300 MANUFACTURING • JAMES WOOD AUTO PARK 76210 287 RETAIL I~~~~•~-- VACATION TOUR & TRAVEL INC 76209 268 ADMINISTRATION • UNITED COPPER INDUSTRIES INC 76208 264 MANUFACTURING • SUPERTARGET 76205 264 RETAIL a w------------ *NCTCOG The following data from the Texas Workforce Commission shows average wages for specific occupations in Denton from a 2003 study. Wage Rates Occupation A%g. Wage AN. Entrv A%- Pe Hour Wage FE, perienced Wage Accountant/Auditor $28.31 20.07 33.34 Computer Programmer 34.71 25.59 43.35 Computer Support Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 9.34 13.36 Page 21 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maintenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Office/Administrative Support 14.41 10.62 17.31 Order Clerk 12.51 9.03 15.15 Production Worker 12.58 8.53 15.27 Registered Nurse 24.73 20.53 27.91 Retail Salesperson 11.21 7.57 12.31 Secretary 12.90 9.83 15.39 Telemarketer 12.40 8.64 13.99 Tool & Die Maker 18.87 14.99 22.84 Truck Driver 17.35 12.90 20.88 *Source Workforce Development November 2003 OES Survey Page 22 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housing The 2000 Census indicates that 12,688 or 71% of the 17,828 renter households in Denton are low-income. The table below illustrates that 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percentage of very low-income renter households in the City of Denton since 1990. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Renter households in need of housing assistance include those that: • Have an income that is less than 80% of the area median income • Pay more than 30% of their income on housing expenses, including utilities • Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE Low-Income Renters Household Total Household Extremely Very Low- Other Low- Type Lovl Income Income Income Low-Income Pei-cent 0-3000 3 1 -~00 0 5 I-500 0 Renters Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 1. 59% of Hispanic renter households are in this category. 2. 58% of Black non-Hispanic renter households are in this category. 3. 49% of White non-Hispanic renter households are in this category. 4. 48% of Asian renter households are in this category. Page 23 5. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. 6. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 7. 71.4% of large renter households report housing problems. 8. 54.8% of elderly renter households report housing problems. 9. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The Denton Housing Authority continues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the Denton Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics As of January 2010 Total Number Waiting for Assistance 1,771 White (non-hispanic) 745 - 42% African-American (non-hispanic) 938 - 53% Asian 43 - 2% American Indian/Alaskan Native 6 -.34% Hawaiian/Pacific Islander 5-.28% Multi-racial 34 - 1.9% Hispanic (any race) 264-14.9% Non Hispanic (any race) 1507 - 85% Source: Denton Housing Authority The percentage of low-income renters in Denton dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and rental rates. Though rental rates are still unaffordable for many households, the development of several new "family" apartment complexes has provided standard, affordable housing for many. Most of the units were developed through the State's Housing Tax Credit program. The number of LIHTC units in Denton is very close to the state per capita average. Rental housing activities will focus on maintenance of existing affordable units, bringing existing units up to building code standards and reducing lead hazards. Also, development of small mixed-income developments near major public transportation routes, shopping areas, schools, etc., self-sufficiency programs for those on assisted housing programs and homebuyer assistance for renters that are ready to move to homeownership should continue as housing program priorities. Page 24 ° 7~ 7~ o a. CZ cz y 0 bOA N U 0~ O 0 0 0 3 kr) O s.• O N O N O O O r--o ro o 0 -ot cz ~ ` o ~ U O pcl~ o p p L R o O o o O 0 Eli' 0 cz O w O s- O Py s- O U O CO) O.d ~ ~ ° ~ ro ° ° ° U ~ Q ° ~ p p ~ xUx o p o ~ • ot~ Q ~ aQ~ Q~Q~UE-~U ° U U CC ~ ~ O O ~ ~ U N U O'dJ U a ~ O c°) i x cz o o -o G Q C.0 o U W ~ f.d y o ro o y ono o w O O w U ~ IAI O i"' p.. N O O U O s-i N O c~.i 0 p O W.~ c~i~ 00 bn U U p cz AO cz yW UrC AUQ y w o'^'o o U 4.1 4-i CC cC v~ " ° ° ° o ' ° o cC U C) 7-- cz M O U N 'OUP" A W W U w W 'U A W 2 H U Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE Lovl Income Homeowners Total Household Type Lovl Household E.xtrernely Verv Low- Other Low- Income Percent Low-Income Income Income Homeowners 0-3000 31-5000 51-80°0 Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. • 12% of homeowners are very low-income • 67% of very low-income owners have housing problems • 62% of very low-income owners have a cost burden, 39% have a severe cost burden • 56% of Hispanic owners experience housing problems • 47% of very low-income owners are elderly Compared with renters, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of Denton's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percentage of very low-income owners experiencing housing problems. A high percentage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percentage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Page 26 O bA 0 ,4., cz cC O U cC O O 0 0 0 ° U N C r 0 cz P. U c) ~o s o o O o O a~ ° Q w o0 0 w ~ u cz o u ~ o° o r" = o cz C j W 'on O ro O U ro... ro w° -0 ro ro° °y ~ ~ D o ~ ~~o, a~ ~ ~ ~ Q ~ •v v o ~ o •o U aQx a~ UQUv~ ° cz O UUQQ IZ _ ~u U o ° ° P" o O =o ° o N to w ~ ~aaonQ cz O'd C.d a o U ow czw °QxU -0 r2 N u QOao ~~Qo QOoo. Uw o ~1 U w o onw O q o ° cz G. cad - Q ~ _O y C an o ro° o aA o o° N O o O.d -0 0 CZ C w 'C 'C v ro u y 7" o y ° w ~ ° cd N C r, 0 cC N s.. s.. O. bA--iS-'. U O s.. O "C c N U 'C O G' O N 'n 0 s~ w o w° w ro p o ! i = p . p p ' <i 0 u s0- ~7 co, V] M O U 0 2 C) CZ Homeownership The U. S. Department of Housing and Urban Development defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $159,700 represents the annual median sales price of houses in Denton in 2009. The City's current Homebuyer Assistance Guidelines require that housing units cost no more than $125,000 unless it is Energy Star rated. Units most affordable to Denton's low and moderate-income households would cost $100,000 or less. Housing Expenses on :average ° o of Sales Price different Sales Prices Sales Price $100,000 $125,000 W0,700 Principal & Interest with 5.5/o o $550.76 $688.44 $879.56 a 3% downpayment Property Taxes 2.40632% $200.53 $250.66 $320.24 Homeowners Insurance 1% $83.33 $104.17 $133.08 Mortgage Insurance .5% $41.67 $52.08 $66.54 Total Housing Expenses* $876.29 $1,095.35 $1,3199.1431' The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $55,977 or more could purchase a home costing $159,700. A wider range of low and moderate households could afford homes costing $100,000 or less. According to the Real Estate Center at Texas A&M University, the number of homes sold below $80,000 decreased until 2007 when the percentage began to increase. This trend was also true for homes that sold under $100,000. The table below illustrates the percentage of total homes sold from 2000 through 2009. Price Ranee for X000 2001 2OO2 200 2004 200 2006 2007 2005 200<) Homes Sold Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% 3.9% 3.3% 4.3% 4.7% 5.1% $80,000- 13.2% 10% 7.9% 6.4% 6.2% 5.3% 4.9% 4.8% 5.8% 5.0% $100,000 Source: Real Estate Center at Texas A&M University 2009 percentages are an estimate. Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that there are very few units are available in this price range. Page 28 Housing Options for Moderate-Income Households (80% AMI) 30,0 of Is a $ 100,000 Is a $12 .000 Is a $1 X0,700 Family Income House Affordable" House Affordable? House Affordable" Size Level Annual Income ($10_S I S annual ($1 3, 14411,03 1 ($10,703 annual cost) annual cost) cost) 1 $37,850 $11,355 YES NO NO 2 $43,300 $12,990 YES NO NO 3 $48,700 $14,610 YES YES NO 4 $54,100 $16,230 YES YES NO 5 $58,450 $17,535 YES YES YES 6 $62,750 $18,825 YES YES YES 7 $67,100 $20,130 YES YES YES 8 $71,400 $21,420 YES YES YES Housing Options for Very Low-Income Households (50% AMI) 30,0 of Is a $ 100,000 Is a $12 .000 Is a $1 X0,700 Family Income House Affordable" House Affordable' House Affordable' Size Level Annual 1 O'5 15 annual ($1 144 annual ($1 0,703 annual Income cost) cost) cost) 1 $23,650 $7,095 NO NO NO 2 $27,050 $8,115 NO NO NO 3 $30,400 $9,120 NO NO NO 4 $33,800 $10,140 NO NO NO 5 $36,500 $10,950 YES NO NO 6 $39,200 $11,760 YES NO NO 7 $41,900 $12,570 YES NO NO 8 $44,600 $13,380 YES YES NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. It would also indicate that very low-income households will often be renters rather than homeowners. Denton percentage of rental units to owner-occupied units is higher than other Denton County communities. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Denton, 14,433 had incomes from 81% to 95% of the area median income. The highest percentages of these households experiencing housing problems and cost burdens were in the elderly and large related renter households and large related owner households. A higher percentage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 29 _C) a. ° u P. ° ro 7EL ro U ° C U N U y + p s- " c~~d ,emu., O U bA cd U cz w a2 ~ ° 16) as ~j ct U cz -cot w U U Q a o o ro o CZ U O w O w o 0 0 0 o x o o o cz o it [--I a U,~UUw ~ ~ UQxQxUw Qxx U C v U o U M /1/~" CSC N W C u bA N • U ' _ 'O U C z 0 U° O a ct u Q one U " O U U ' ° ° U cF.i G' U cn U = . U U "C 05 a' U~ ro0U °U w v~ W a~v~QUQ~ a~ Dw°O2 CZ q 5 7:$ 03 u = CZ 7:$ r d 4.1o-o cz N0 A W ~ 2 A W o~ 2 A Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance Lovl Income Elderly Very Lo\y Other Loxy Total Lo\y Household Ewemely Low Income Income Income Household Type Income 0130' 0 31 - 500o 51 - 800o Elderly Percent Renters 427 50.4% 209 24.77 211 24.9% 847 25.01% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 201% 981 240% 3383 1040% Source: HUD analysis of 2000 Census Data Persons with Disabilities Acre Type of Disability Gender 5 - 15 1464 05 and Oyer Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 1357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Type of Estimated Supportive Services Needed Service Providers Household Need Elderly/Frail 381 Rental assistance, meals, Fairoaks Sr Hsg, Denton Hsg Elderly housekeeping, health care, Authority, SPAN, TX Dept of transportation Human Services, Aging & Disabilities Resource Center Page 31 Housing with Supportive Services Type of Estimated Supportive Seryices Needed Serv-ice Providers Household Need AIDS Impacted 74 Rental assistance, childcare, Health Services of North Households employment/workplace re- Texas, Denton Housing entry training, budget Authority, North Central TX counseling, nutrition Workforce Center assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR, impacted by support groups, transportation, Solutions of North Texas Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case Denton Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of Denton County Source: Denton-area special needs providers and TX Dept of State Health Services. 2005 Estimate of Needs The Geriatric Services Workgroup (GSW) is the lead entity for aging services planning process for Denton County, Texas. GSW meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The GSW consists of representatives from the City of Denton including parks and recreation, and community development officials as well as representatives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The Geriatric Services Workgroup indicated some strategies to assist the elderly and frail elderly including: (1) expansion of services (2) coordination of services, and (3) increased awareness of existing services to meet the needs of an aging elderly population. In response to these stated needs, providers in the area, led by the United Way and the Area Agency on Aging formed the Aging and Disability Resource Center. ADRC has already provided and information seminar and continues to develop new ways to address aging services in the area. In addition, affordable and appropriate housing for the elderly was identified as a major concern in both the 100% Geriatric Services in Denton County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maintain current housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 32 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Burt's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate of homelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 105 homeless in 2009 as follows: 119,454 * 8.6/10,000 = 105. A point in time survey conducted by the Denton County Homeless Coalition on January 28, 2009 for both the sheltered and unsheltered homeless found 116 homeless with 49 in emergency shelter, 44 in transitional shelter, and 23 unsheltered. In addition this count identified 46 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 162 at the time of the 2009 point in time survey. This number is over 50% the estimated number of homeless for a suburban/urban fringe area. See Appendix E on page 81 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2009. 67 percent of 77 respondents said they had been without a place of their own for over a year. The greatest number of respondents said that they had been without a place of their own for 2-5 years. In June 2009, the Denton Independent School District reported that they had 426 homeless children in pre-kindergarten through 12th grade. The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: 1. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter -Meet the emergency shelter and basic health food clothing and personal hygiene needs of the homeless and victims of domestic violence. 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of Denton's strategy allows individuals to receive an array of supports towards self- sufficiency. The Denton County Homeless Coalition and the City of Denton believe coordinated Page 33 services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY Homelessness Prevention l Outreach Immediate Needs Transition to Stability Maintaining Stability CONTINUUM OF CARE PLANNING PROCESS The Denton County Homeless Coalition (DCHC) is the lead entity for the Continuum of Care (CoC) planning process for Denton County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevention. The general body approves any major Continuum of Care decisions including: • Review and approval of goals for the provision of services; • Updates to priority services and service populations; • Identification of gaps in services, changes in services offered, and populations served. A steering committee acts as the DCHC planning body and meets monthly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests. This is achieved by establishing a specific type of interest representation for each of the seven seats as indicated below: (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Representative; (3) Homeless Provider or Housing Agency or Shelter Representative; (4) Business Community Representative or financial institution; (5) Non-profit Community Representative (support services); (6) At-large Representative -an individual, elected official, a currently or formerly homeless individual, law enforcement, faith-based organization or an additional non-profit agency; (7) At-large Representative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable Page 34 permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: • The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, • The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, Page 3 5 • Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; • A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page '16 City of Denton Continuum of Care Housing Gaps Analysis Chart Current Under Unmet Need/ Priority Inventory Development Gap Need in 2009 in 2004 Individuals Example Emergencv Shelter 100 40 26 I l i h Emergency Shelter 26 0 58 Beds Transitional Housing 0 0 0 I l i ~_h Permanent Suppoitive Housing 48 0 48 N1cdium Total 74 0 106 Persons in Families with Children Emergency Shelter 27 0 70 I l i h Beds Transitional Housing 34 0 34 I I i h Permanent Su ottiveHousing 0 0 0 ~1c~lium Total 136 0 104 Continuum of Care Homeless Population and Subpopulations Chart 2004 Sheltered Un- Emergency Transitional sheltered Total Part 1: Homeless Population n n (n) 1. Homeless Individuals 32 19 51 2. Homeless Families with Children 5 13 3 21 2a. Persons in Homeless with Children Families 17 44 12 73 Total (lines 1 + 2a) 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un-sheltered Total 1. Chronically Homeless 15 13 28 2. Severely Mentally III 16 7 23 3. Chronic Substance Abuse 7 15 22 4. Veterans 12 3 15 5. Persons with HIV/AIDS 0 2 2 6. Victims of Domestic Violence 14 4 18 7. Youth (Under 18 years of age) 0 0 0 Page 3 7 cz C) O a o M cOi o o o ro v ° cz N U p N U 'C U bA 7 , t- U O S OS-'. by O cz p O U O O S_. 'U by c; c~ v bA C bb cz O N cz w0 P-i G' "s A on r4 = p u R cC = • N 'C cz cz 'C ' 9 ~"C - cC p .0 cz U s. O G 0 w V 'I ~ U .Ui ,S U .Ui N In bA I y U c~ G A. 0 cz G U U C G 'O o QI " 00 bf p 0 M w ~ C bA e~ Q a a a °o P~ x~awv~w ~a w v~xawv~Ua U = ; o a.°a u o o u O lc~ C 9 ° cz O 6r bA U a~ ° O bA ;-O O' ~ x U U O U ~ r--~ O U'o cz O Ln U O w Z ct O O Ln Ln Ln 'n O 'n cz (D 5 In ti) U N 'C 'C A a U a c o C) U 44 M O o ° U o w cC ono a~ ~o cz o ° p ~o ° 0-1 ti) U cC O k U ' U U O O N N CZ A m cz O " C 'n w° °~.o 'n ° U "C N ~ ~ CC N M U un In 'n ICI O O A to C.d 0 Z Qw~aw cz cz w Qw~a~ixa w x o x o G. U U O. O O. C U ° U O raj •C~ ' to *E~ O A N c0 0 0 A O CE w • ~ p N bA r--bA O c~ O U p U A O. O 'C O s-. O O O. U er oA•.. ~ tea. ° cz "C ° cz o ° 4, ' ° C) cz p a~ v ro~ 7s 44 A n pw N O U O 0 0 0 N o ~ O. 0 ~ ~ 'C P. ~ O. C O v rp O CZ `n O O bA ~ ~ p ~ •C ~ ~ N O 44 v O ' En C, U CZ O N 6~ d? O N 'C O N O cz C:: cz 44 v u I- cz CZ ~ * ~ p 0 ti) W 6r C N Z 0 Z cC O U CZ li) 0 ~ U ~ ~ ~O bA N ~ O ~ ~ O O p N 0.0 w Uo ° ~ a ~ x ~ to ~ ~ Boa ;..o ro Z o ~xaw G v x o P c~ cz ¢ A O ~ N cz cj c O rte. U M O ~ v ~ bA 34 .2 Lead-Based Paint Hazards In Denton, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - B Year Built Rental Owner-Occupied Total Year Built Units Units Units Post 1979 8,285 6,255 14,540 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 (SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 Significant LBP Hazards) 2,036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357 12,253 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based paint strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based paint strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. Both minor and major rehabilitation, reconstruction and down payment and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has a staff persons who is a state certified lead risk assessor and a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 41 In the next five years it is estimated that 32 units will be identified as safe from lead-based paint hazards as follows: four (4) Rental Rehabilitation projects, 15 first time homebuyers and 13 owner-occupied rehabilitation/reconstructions. These projects may include lead-based paint abatement and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual paint inspection. All pre-1978 built properties known or presumed to have lead- based paint where project disturbs paint must comply with Federal and State regulations regarding lead-based paint and pass clearance testing at project completion. The City maintains a database on the lead-based paint status of all pre-1978 built properties that have been assisted with federal CDBG and HOME grant funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead paint in housing. Page 42 cz GJ ~ ~ O ~ •U cUi U ~ G~J ~ ~ U sue. O ~ r--~ • ~ ~ • ~ I ~y try ~l .C:: Ca N U i~-~ CC ,~Qy N U U O c 4-i U G' U U OU -cot U cz cz 4' U cn O o In °23 o Ln Ln Inn CZ cz ICI M v ICI ~ 'J ~ ~ ~ a A-I v O C7 ~ C7 A ~ ~ Q Q CQ cz a an O an cz W = x~~ CZ oA ~ 5 x Ln L cz o . ~ ~ cz U 05 -c:: CZ b , y A U cC U) s C O En s. v U U oo~ In fil U U N rA 0~ ~ f.d f.d O 'C N d 0 p R o c ;,.no cz y~ O U f " 'C ~CaCy~ e~C P1 ' g.. CZ cz O D U O bA U N O sy d a ~ s-i cC O ~ ~ ~ ~ U U U U A W' o U a~s A P~ ' s~ NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of Denton works with other funding organizations like the United Way of Denton County to determine community needs and ensure that funding is allocated in such a way as to maximize services and meet the needs identified in the community. Human services activities in Denton are influenced by the city council-appointed Human Services Advisory Committee. The purpose of the HSAC is as follows: • To encourage interaction between community groups to bring about improvements in the human services delivery system; • To provide a forum that promotes better communication and coordination among public services organization; • To work closely with other funding organizations to coordinate funding efforts within the City; • To encourage in-depth evaluation of the effectiveness of the human service delivery system; and • To recommend action for implementation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of Denton currently supports a variety of services with CDBG and City of Denton general funds including: • Advocacy services for abused children • After school care and activities for at-risk youth • Domestic violence prevention • Elderly meals services, housekeeping and volunteer support services • Emergency food and utility assistance • Health Care • Homeless services • Infant, toddler and preschool childcare • Homeless Management Information System • Services for persons with mental and physical disabilities • Summer playground programs targeted to at-risk youth • Transitional housing The human services strategies identify priority services and goals for the five-year period. Page 44 'C U O O cz O 4-~ y'y 40 bn O bn ~ ¢ ~ O O bn U N N C cz U C O ti) N N .~i ~N! p O U cz o on o u o r-o 44 u cz o o ° v o ro o o ro ro u ~ o v a~ u ro ro ~ ro cn ° ~ cz u -o o a °g., In 44 20- O ° ro ° `z O o ° o ko o ° o°n ° ° a cz a cz u V]UUv~xQwwx -v~ 0 W ~ p a 1♦I ? W cz f~ a. W W ro P~ W P~ ci P~ Q U P bn~ O 'un O C cz C O bA c~ O p C C sue- 0 Ct cz C) ti) GJ O N O 'C r S. N N m O 4.1 O cH 4-ti N N c~ bn N ~ N c~ N O C/1 N cd o o N 1 c0 cz c P P In w o a~ 4;. cz U N U ~ N M 4r O O N N 'Ln 0 M n 0 0 14 14 ° U 0 o cz U p s.. ~ U 4 Via. o r-o U N cz ~fi O o O o ° U ro v o Z o cz CZ O ono ° a = ct ° -2 A clz~ C) 'R p U w U O cC i--i W cz --i N M I--1 U N M W u 0 r- O O O 'C U yU ' y •~S-. O U ~ 44 ~ s.. c~ . ~ ,c~S-. .,may ~ ° Lt•i ° Q. Q w U W cz O O ~ V O O U ~ U U o°n y 'C U° Q y 'C U° O. t~ s O p W W on on ,2 C:: cz 0 cul 'cz "C N ° GJ ro o cz ot~ o o t ° o r, N M r, ~ U U N cz U cz b U 'C y 4-0 ~i cz cn E sU. bA O sU. p p Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: • Correction of deficiencies affecting the health and safety of neighborhood residents; • Improvement of accessibility for persons with disabilities; • Improvement of human services facilities; • Extension of infrastructure for affordable housing activities; and • Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: • Recent public input (including citizen surveys) regarding infrastructure and facility needs; • Project provides a substantial benefit to low and moderate-income persons; • Project would not be carried out in a timely manner without the use of CDBG funds; • There is a reasonable cost per household benefit; and • CDBG funds leverage funding from other resources. Demolition of substandard housing continues to be a concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Along with any CDBG funding allocated, City general funds will be used to demolish substandard structures. Page 47 s- cz p U i-' 40 40 40 p w0 cz w0 40 Cl O Irl CA 4ct ' 0 0 ti) ti) C-1 cz to on~ 91, cz ° cz ° cz0 acv CCU v o~ o~ o~ o~ o E~ r o= r r N N N N O U O U N~ w 0 cz In In 15- U Q W U Q W U Q W U Q W U Q a. U Q Q U Q U 4.1 00 O O bf *7' ' 6r ~ O O O O B O O O ~ p.., oll~ O O O O O U O O ot~ C7 0 ~ ~ o ~ C7 C7 C7 ~ C7 ~ WbA Q~ U WbA Q~ U WbA Q WbA Q~ WbA Q w WbA Q WbA ~ w a a a a a a cz a Cl) ¢ O bA co~ w s O O U~ O G' O U O U O 'O O ~ bf cC .U 6r cz U U ~U.~ cC C ~ ~ ~ • O ~ . ~ ~ ~ .O U N U cz ;9 ;9 Anti-Poverty Programs and Economic Development According to the 2000 Census, Denton had twice the number of families living below the poverty threshold compared to other communities in Denton County. Though this is a lower percentage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employment and support services for lower-income residents. The Denton County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City of Denton continues to support p programs designed to assist those in poverty and help them to become self-sufficient. These programs are funded with both CDBG and general funds. One example is the Denton Housing Authority's self-sufficiency program that helps households move from the Section 8 program to homeownership. Cumberland Presbyterian Children's Home administers a Single Parent Program designed to help these families find employment, and learn to budget their income appropriately. HOPE, Inc. continues its transitional housing program to prevent households from becoming homeless. The City no longer funds a Microenterprise Loan Program. However, the City's Economic Development Department works with the Denton Chamber of Commerce, the Black Chamber of Commerce and the Hispanic Chamber of Commerce to develop local business and industry. These efforts also create additional employment opportunities in the City. Denton's current economic strategy is designed to bring higher paying employment positions into the area. Medical services, including those created as a result of the completion of the new Denton Presbyterian Hospital, will be the focus for the next several years. Also, the Chamber's Small Business Development Center (SBDC) has been in operation since 1989 and is a satellite of North Central Texas College. The mission of the SBDC is to provide small businesses with the practical assistance needed to survive, grow and prosper through free business counseling, information, and low-cost seminars. The SBDC provides information to small businesses regarding the assistance that is available from the U. S. Small Business Administration. Page 49 O U t ~ • 't Ln CZ 10, to U a U cz r ~ U cz 0 U O 0 U G' U O Q U O O E'~ U U N U , y' N Q U sU. U a HZ~UUX P.M P. ~QUv~ U U ° ~,U ~ O OU OU Cd U U CV A bA ~ ~ ~ ~ _ ~ o O ~ 0- ~ o ~ ~ o W ~ ~ o°'n ~ ~ o ~ ~ Q ~ c~i r.T~ C ° O o° o 0 0 co o c ct O"• U ~"r 6 ~l R ow~W U~3 a,v~ a.~W~ o U U O. -0 cz of cd BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statements included in the Denton Plan support the development and maintenance of affordable housing opportunity including special needs housing: "Residential development that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "Denton will continue to encourage a range of housing types and densities in order to respond to the needs and desires of its residents." "The plan encourages infill development, restoration and redevelopment within the existing center city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residential uses will occur within the downtown university core, community mixed use centers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residential development in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concentrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated into the plan: • Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity; • Homes that vary in lot size, building size, and cost may be permitted in new development; • Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 51 • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; • The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character and neighborhoods of the city; • The range of housing types available for the specialized needs of the elderly, disabled, low- income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residential land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "Denton is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." DENTON DEVELOPMENT POLICIES ANALYSIS A. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. L LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: Page 52 • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. A. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 1. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 2. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 3. Create codes and ordinances to promote and encourage the quality of smaller size housing. B. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 1. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 2. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 3. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. Page 53 C. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 1. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 2. Code enforcement will have a priority in older neighborhoods. 3. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 4. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 5. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. D. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. IL POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. A. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. B. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Page 54 Recently, the DAHC was responsible for construction of an affordable green housing development. C. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing III. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS A. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. B. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. C. Lots which may not meet current area requirements are "grandfathered." D. Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. Tax Rates The following table provides a comparison of Denton's 2009 tax rate to the rates of 28 other Dallas-Ft. Worth area cities. Denton's tax rate of .66652 for the city and combined city/county/school district continues to be comparable to other north Texas area communities with significant low-income areas and lower property values. It is also important to note that the Page 55 City of Denton, has two State universities, is the County seat of Denton County and has a FEMA facility within the City limits. These are all tax exempt. Cite Property Tax Rate Fort Worth 0.85500 Lancaster 0.77750 Dallas 0.74790 Rowlett 0.747173 Garland 0.70460 Grand Prairie 0.66998 De Soto 0.69973 Duncanville 0.69600 Denton O.O() 1; 2 Arlington 0.64800 Coppell 0.64146 Cedar Hill 0.64140 Mesquite 0.64000 Carrollton 0.617875 McKinney 0.58550 Richardson 0.57516 Corinth 0.57698 North Richland Hills 0.57000 Irving 0.54060 Hurst 0.53500 Fanners Branch 0.51950 Plano 0.48860 Flower Mound 0.44970 Lewisville 0.44021 Building Code Requirements The City of Denton building code requirements are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: The 2006 International Building Code The 2006 International Residential Code Page 56 The 2006 International Fuel Gas Code The 2006 International Energy Conservation Code The 2006 International Mechanical Code The 2006 International Plumbing Code The 2006 International Fire Code The 2005 National Electrical Code Appendix D starting on page 74 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees An impact fee grant program was set up in 1998. The initial assistance program provided $100,000 in City of Denton general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program continued through the 2006-'07 fiscal year at a reduced level of funding. On an annual basis, Community Development staff will consider a request for additional funding for this program. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unanticipated barriers do not develop. City staff continues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 57 to O N 0 O y,., O bA cz U C U U cOH s-i 4. ,}O p cC' U ~ ~ pn ~ cC cC • cd O cC O U O U U a U in ° r o u o o v~ x. Q Q Q 4, U o = 00 o o }~o, o•~ o ~ ~ ~ ~I v1 A o on -o ct ~ w. r0 ro Q 4. U pp P bA w QO U to N~ ; cz W ~ c 10, z q u o U M'N ~ro'~ toV 4 to w 4.) u u 03 -u M W O O bA U cct bA C x U 0 V) t. bA U "~.i' ,Si U bi), U cC CC ,Li N t 'pp U O 0 A v c~ C p ~ s-. OU W O 4-i ~ U W ,si O CC W CC r.'~'i O CC 44 P. O U t) C4 cz A W OU cC A C~ ~c~C w A c% ~ O c~ cC INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG grant was allocated to the City of Denton in 1984. Since that time, City staff has worked to develop a comprehensive approach to increase the availability of services and standard housing units to Denton's low to moderate-income households. During the past 25 years, there has been an emphasis on the creation of partnerships with other housing non-profits, local lenders, realtors and social service providers. The major housing organizations, whose mission is to assist local residents with housing issues, include the Denton Housing Authority, the Denton Affordable Housing Corporation, Habitat for Humanity of Denton County, HOPE, Inc. and the City of Denton. Each organization fills a specific niche in support of affordable, livable housing in the Denton community. The efforts of these organizations and other service providers have been very successful. Denton has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency could meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations currently involved in the delivery of affordable housing and supportive services are described in the chart below. Organization Type Purpose City of Denton Public The City of Denton administers the Community Development Block Grant and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans and minor repair. The Community Development Division acts as the coordinating body for the City's housing programs, the Denton County Homeless Coalition and various social service initiatives. Community Development staff work with the Council-appointed Community Development Advisory Committee to determine effective use of housing and public improvement dollars. Cumberland Non-Profit Provision of transitional housing and support services to single Presbyterian parents and youth. Children's Home Page 59 Organization Type Purpose Denton County Public Provision of public transportation. Transportation Authority Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low interest homebuyer loans and down payment assistance available throughout Denton County. Revenue received by the organization is provided to local housing organizations to support their housing efforts. Denton County Quasi- Denton County MHMR provides housing and supportive Mental Health/ Public services for persons in the community with special needs. Mental Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Grant program, City of Denton general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will continue to manage the HMIS reporting system. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Denton. DAHC administers several programs that provide Housing owner-occupied, rental and special needs housing to residents Corporation of both Denton county and city. They receive funding from several different sources including City of Denton HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Page 60 Organization Type Purpose Habitat for Nonprofit Habitat for Humanity of Denton County has recently expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Grant and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Denton funding. Health Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS and other health services. Lending Private Lenders provide financial and client support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing programs and how they can be improved. University of Educational Both Universities have assisted with the area homeless counts. North Texas & Institutions In the past, they have assisted with community needs Texas Woman's assessments. UNT supports and is educating the community University regarding "Green Building." Denton Housing Authority The City of Denton and the Denton Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the City's liaison to the Denton Housing Authority. The mayor of the City of Denton is responsible for appointing the Denton Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief executive Page 61 officer. The CEO makes all other hiring decisions. Policies and decisions regarding contracting and procurement are also the responsibility of the DHA Board and staff. All proposed developments by the Denton Housing Authority must comply with City land use regulations including the recently adopted Denton Plan and locally-adopted building codes. Proposed DHA developments go through the same process as private industry developments. Demolition permits are required. There are no public housing developments in the City of Denton. Community development staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Development. A recommendation is forwarded to the city manager regarding approval of the document. Page 62 Gaps Assessment 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coaltion and HOPE, Inc. to expand the network of organizations participating in HAWS. 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner- occupied rehabilitation program. Action to overcome gap: Request additional funding where available to gain contractors and pay increased costs. Work with gaining organizations to promote gaining opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. Page 63 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) High, Medium, Low Need H 835 20 0-30% Sinall Related H 654 15 31-50% M 424 4 51-80% H 258 7 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 10 0-30% Elderly M 199 4 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 20 0-30% Owner H 542 20 31-50% H 956 25 51-80% Total Goals 296 Total 215 Goals 296 Page 64 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT Priority Need Estimated $'s NEEDS Level to Address High, Medium, Low, No Such Need PUBLIC FACILITY NEEDS Senior Centers High $12,500,000 Youth Centers Handicapped Centers Child Care Centers Medium $750,000 Parks and Recreation Facilities Medium $6,000,000 Trails & Pedestrian Facilities High $600,000 Health Facilities Neighborhood Facilities/Community Centers Medium $4,500,000 Facilities for Abused & Neglected Children Low $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $300,000 Street Improvements High $750,000 Sewer Improvements Medium $300,000 Sidewalks High $500,000 Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services High $1,000,000 Substance Abuse Services Medium $250,000 Child Care High $500,000 Health Services High $1,000,000 Senior Services Page 65 Medium $250,000 Other Public Service Needs ECONOMIC DEVELOPMENT Job Creation High $30,000 Capital Improvement Infrastructure Development High $2,400,000 Business Support Services/Technical Assistance Medium $10,000 Commercial/Industrial Rehabilitation Medium $200,000 Land Acquisition for Commercial/Industrial Dev Medium $5,000,000 Non-residential Historic Preservation Medium $150,000 Direct Financial Asst to For-Profit Businesses Medium $100,000 Micro-Enterprise Assistance Medium $50,000 Clean-up of Contaminated Sites Medium $200,000 HOUSING NEEDS Single-Family Residential Rehabilitation Medium $3,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance Medium $2,000,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation Medium $2,500,000 TOTAL ESTIMATED DOLLARS NEEDED: $60,340,000 Page 66 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN The City of Denton's Community Development Citizen Participation Plan is designed to afford all citizens of Denton, including low and moderate-income citizens, the opportunity to comment on the Consolidated Plan, community development procedures and specific projects. Citizens and organizations can provide comments on activities to the Community Development Division, 601 E. Hickory Street, Ste B, Denton, Texas 76205. The phone number for the office is 940349.7726. A messaging service is available for calls after normal business hours. The following is an overview of Denton's Citizen Participation Plan. L Encouraging Citizen Participation A. Encouraging General Participation B. Encouraging Participation from Citizens in Low and Moderate Income Areas C. Encouraging Participation from Minorities, Non-English Speaking and persons with disabilities IL Opportunities for Citizen Comment on Citizen Participation Plan A. Plan B. Amendments III. Public Hearings A. Purpose B. Advance Notification C. Locations D. Translation Services IV. Consolidated Plan A. Information Available to Citizens 1. Amount of Assistance 2. Activities 3. Low/Mod Benefit B. Publishing Requirements and Availability 1. Summary of Plan 2. Comment Period 3. Locations 4. Access for Disabled 5. Summary of Comments C. Amendments V. Performance Reports VI. Technical Assistance A. Notification Page 67 B. Proposals VII. Meetings VIII. Access to Records IX. Displacement X. Complaint Procedures Each element is discussed in detail below. SECTION I. ENCOURAGING PARTICIPATION A. The following steps will be carried out to encourage participation from all citizens in community development decision-making. 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation, on the local cable television network, and on local radio stations. 2. Post notification of all citizen advisory board meetings at least 72 hours in advance. 3. Directly notify service agencies, churches, existing neighborhood associations and other organizations of opportunities to participate in Consolidated Plan activities. B. The following steps will be taken to encourage participation by low and moderate-income households. 1. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. 2. Develop a list of interested citizens who reside in low-income neighborhoods and directly notify them of all public hearings and requests for comments. 3. Contact churches, civic organizations, neighborhood groups, etc. serving low- income neighborhoods. Request that they announce public hearings, comment periods, program information and other community development activities occurring throughout the program year. 4. Whenever possible, canvass low-income neighborhoods providing information regarding public hearings, program information, etc. to all residents within the neighborhood. 5. Request that the Denton Housing Authority and other local service agencies post flyers that encourage participation in the Consolidated Plan process by residents and clients. C. The following steps will be taken to encourage participation by minorities, non-English- speaking persons and persons with disabilities. Page 68 I. Include advertisements in any additional publications, radio and television stations that target a specific group of citizens, some of whom may reside in low income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide interpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign-language interpreter if requested. SECTION II. PUBLIC COMMENT ON CITIZEN PARTICIPATION PLAN A. The following steps will be taken to obtain comments on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published comment period. The period will not be less than 15 calendar days. 2. A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low- income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. B. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. SECTION III. PUBLIC HEARINGS A. Public Hearings will be held to provide information on the different stages of the development process including: 1. identifying housing and community development needs 2. reviewing proposed use of funds 3. reviewing program performance Page 69 B. The minimum notification for any public hearing will be seven days calendar days. In most instances, notification of the hearing will take place at least 15 days before the hearing date. Notifications will be run in advertising form in a newspaper of general circulation. C. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. 1. All locations will be accessible to persons with disabilities. 2. At least one public hearing annually will be held in a neighborhood that is predominantly minority. D. Translation services will be provided upon request or if it is likely that non-English- speaking persons will be present. E. At least one public hearing will be held prior to submission of an application for Section 108 Loan Guarantee funds. The hearing may be held in conjunction with a general public hearing on the Consolidated Plan but will be scheduled as a separate agenda item. SECTION IV. OPPORTUNITIES FOR COMMENT ON THE CONSOLIDATED PLAN A. The following Consolidated Plan information is made available to citizens before final approval of the Plan. 1. The amount of assistance expected to be available to the jurisdiction for community development activities. 2. A list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. 3. An estimate of the amount of funding that will benefit low and moderate-income persons. B. The Consolidated Plan will be made available to the public for review and comment. 1. A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. 2. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. 3. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for Page 70 plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All Consolidated Plan review locations will be accessible to persons with disabilities. 5. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. C. Any substantial change to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial changes include the following: 1. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD grant) that is over 1% of the total allocation for the fiscal year. Amendments will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All comments received will be provided to city council. SECTION V. PERFORMANCE REPORTS A comment period of at least 15 calendar days will be provided before submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in advertising form in a paper of general circulation. The advertisement will advise citizens of the availability of the performance report. The notice will also say that the Community Development Division will accept comments for the 15-day period. A summary of all comments received will be attached to the performance report. SECTION VI. TECHNICAL ASSISTANCE A. Technical assistance will be provided to all persons who wish to develop a proposal for Community Development Block Grant and/or HOME funds. All advertisements will indicate that technical assistance in preparing proposals is available. Citizens will also be informed at the public hearings that technical assistance is available. They will be provided with information that includes the address and phone number of the Community Development Division. Page 71 B. Any proposal requiring technical assistance from other departments will be forwarded to that department by Community Development staff. Proponents of the proposal will also be given a key contact within the department as liaison on the request. A proposal will be developed and submitted to either the Community Development Advisory Committee or the Human Services Advisory Committee for review and recommendations. SECTION VII. MEETINGS All Community Development Advisory Committee, Human Services Advisory Committee and any City Council meetings where discussion of Consolidated Plan activities will take place will be subject to a 72-hour notification requirement. The City Secretary will post notice of meetings at least 72 hours before the scheduled session. SECTION VIII. ACCESS TO RECORDS Citizens may request access to any non-confidential records regarding Consolidated Plan activities. At a minimum, information from the preceding five years will be made available. The information is available from the Community Development Division. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special arrangements may be made for individuals who are not able to visit the Community Development Division during regular office hours. Charges for copies will be based on current City of Denton policies under the Open Records Act. SECTION IX. DISPLACEMENT No activities will result in involuntary displacement of persons. However, should such displacement occur, the City of Denton will follow the procedures described in the Residential Anti-Displacement and Relocation Assistance Plan. SECTION X. COMPLAINT PROCEDURE Any citizen or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Division, at 101 S Locust Street, Suite 500, Denton, Texas, 76201, phone - 940349.7726. Complaints may be in writing or made verbally to any member of the Community Development staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaint. Complaints received verbally may receive a verbal response over the telephone or a meeting may be set up to discuss the complaint and the response. Documentation of the call or the meeting will be placed in the appropriate project or general file. Some verbal complaints may receive written responses. These and all written responses to written complaints will be completed and mailed within 15 days from the receipt of the written complaint. Page 72 APPENDIX C HOUSING REHABILITATION TARGET MAP WLA'.C WLL5 j I:4 F F-=. T'r' 1. u Page 731 APPENDIX D CITY OF DENTON BUILDING INSPECTIONS 221 N ELM STREET DENTON, TEXAS 76201 940-349-8360 PHONE PERMIT AND FEE SCHEDULE (Effective October 1, 2009) Table of Contents: Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 12 - Water Tap & Meter Fees Table 2 - Permit Fees for Multi-Family Dwellings Table 13 - Water Tap Fees Table 3 - New Commercial Building Permit Fees Table 14 - Wastewater Tap Fees Table 4 - Electrical Permit Fees Table 15 -Water Impact Fees Table 5 - Mechanical Permit Fees (Lots Platted before 1998 & after 2008) Table 6 - Plumbing Permit Fees Table 16 - Wastewater Impact Fees Table 7 - Miscellaneous Fees (Lots Platted before 1998 & after 2008) Table 8 - Additions/Alterations/Fire Damage Table 17 - Water & WW Impact Fees Table 9 - Sign Permit Fees (Lots Platted between 1998 - 2003) Table 10 - Consumer Health Permit Fees Table 18 - Water & WW Impact Fees Table 11 - Engineering Inspection & Parking Lot Fees (Lots Platted between 2003-2008) Table 1 Permit Fees for 1 & 2 Family tNellin-s Type Permit Fee Revenue Code 1. Permit Fee $0.40 / SF, 4116 PB $450 Mini & $1,400 Max. 2. Plan Review Fee $60.00 4474 PV 3. Temporafy Power Pole $15.00 5068 MU 4. Temporafy Utilities Fee $35.00 4138 PM 5. Fence Permit $35.00 4128 PF 6. Park Development Fee $291.00 9160.4470 Table 2 Permit Fees for Multi Family Dwellings Type Permit Fee Revenue Code 1. Permit Fee $0.18 / SF 4116 PB 2. Plan Review Fee 50% of Permit 4474 PV Page 74 Table 3 New Commercial Building Permit Fees Total Valuation * Fee Revenue Code 1. $1 to $100,000.00 $411.00 for the first $50,000.00 4116 PB phis $3.00 for each additional $1000.00 or fraction thereof 2. $100,000.01 to $500,000.00 $561.00 for the first $100,000.00 4116 PB phis $2.00 for each additional $1000.00 or fraction thereof 3. $500,000.01 to $1,000,000.00 $1361.00 for the first 4116 PB $500,000.00 phis $5.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 4. $1,000,000.01 and up $5141.00 for the first 4116 PB $1,000,000.00 phis $3.25 for each additional $1,000.00 or fraction thereof 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Safety Magazine, year-end issue as published by the International Code Council. 9. Inspections outside of normal $40.00 per hour/Min. 2 hours 4116 PB business hours (Min. Fee $80.00) 10. Plan Review Fee 50% of the Building Permit Fee 4474 PV (Min. fee $60.00) 11. For the use of outside Actual Cost 4474 PV consultants for plan checking and inspections or both Table 4 Electrical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4424 PE Table 5 Mechanical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4130 ME Table 6 Plumbing Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4426 PP 2. Lawn Sprinkler System $95.00 4426 PP Table 7 Miscellaneous Fees Type Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $35.00 4128 PF 3. Temporary Gas/Electric $35.00 4138 PM Page 75 4. Certificate of Occupancy $95.00 4132 CT 5. Constniction Trailer (temporary) $50.00 4116 PB 6. House Moving Permit $95.00 4110 MV 7. Residential Demolition Permit $95.00 4112 DM 8. Coumnercial Demolition Permit $95.00 4112 DM 9. Spa/Hot Tub $75.00 4114 PT 10. Pool $275.00 4114 PT 11. Re-inspection Fee $40.00 4422 FR 12. Variance Filing Fee $150.00 4134 ZV 13. Landscape Fee $50.00 4136 PL 14. Mobile Home Park License $205.00 + $4.10 per stand 4122 MH 15. Electrical Contractor License $75.00 4118 EP 16. Plumbing Contractor License $75.00 4118 EP 17. Irrigation Contractor License $75.00 4118 EP 18. General Contractor License $75.00 4118 EP * General Contractor includes all of the following: General Contractor, Home Builder, Concrete Contractor, Pool Contractor, Fencing Contractor (During initial registration, the license holder must be present.) Table 8 Additions/Alterations/Fire Dama e Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1 & 2 Family $35.00 $0.14 per sq ft $60.00 4116 PB Dwellings 2. Triplex & Townhouse $35.00 $0.17 per sq ft $60.00 4116 PB 3. Multi-Family (4 units $35.00 $0.17 per sq ft 50% of Permit, 4116 PB & above) Min. $60.00 4. Coimnercial Buildings $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Min. $60.00 Table 9 Si Permit Fees Type Permit Fee Revenue Code 1. Sign Contractor License $75.00 4124 PS 2. Off Premise signs on State $100.00 4124 PS Highways: Annuual Review All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 sq ft $110.00 4124 PS 7. Wind Device Permits $95.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Page 76 Table 10 Consumer Health Permit Fees Type o Establishment Permit Fee Revenue Code 1. Food Handler Permit $15.00 4102 HC 2. Beer & Wine Permits $25.00 processing Fee (new apps) 4146 BW $87.50 on-premise $30.00 off-premise $125.00 late night permit fee $75.00 beer only Commercial Pools 3. Pool Managers Certification $50.00 4418S2 4. Pool Application Fee $250.00 5. Pool Re-inspection Fee $80.00 Restaurant 6. <2000 sq ft GFA $310.00 4414 H1 7. >2000 sq ft GFA $485.00 4414 H1 Grocerv Store 8. <12,000 sq ft GFA $325.00 4414 H1 9. >12,000 sq ft GFA $450.00 4414 H1 10. Convenience Store without $250.00 4414 H1 deli 11. Convenience Store with deli $300.00 4414 H1 12. Concession Stand, snow- $175.00 4414 H1 cone stand or similar stnicture 13. Daycare $150.00 + $1.00 per child 4414 H1 14. Nursing Homes + all others $275.00 4414 H1 15. Seasonal Permit Fee $75.00 4414 H1 16. Temporary Permit $20.00 4414 H1 17. Application fee for new $250.00 4414 H1 establislunent 18. Bar $250.00 4414 H1 Table 11 En ineerin Ins ection and Parkin Lot Fees Inspection Type Inspection Fees Revenue Code 1. Initial Plan Review $1,300.00 2080.4470 2. Fee after 2nd Re-submittal $500.00 2080.4470 3. Clearing & Grading Permit Review $350.00 2080.4470 4. Clearing & Grading Planning review $100.00 1000.4474 PV 5. Repairs of Constniction in Right-of-Way $75.00 per hour 6300.5150.0005 6. Overtime (after 5:00 pm on weekdays & $105.00 per hour 6300.5150.0003 weekends) Parking Lot Permit Permit Fees Revenue Code 7. 1-50 spaces $540.00 6300.5150.0002 8. 51-100 spaces $720.00 6300.5150.0002 9. 101-250 spaces $900.00 6300.5150.0002 10. 251-500 spaces $1,080.00 6300.5150.0002 Fees for Appeals and Variances to Traffic Safety Commission 11. Fee Per Appeal/Variance $300.00 Page 77 Table 12 Water Tap & Meter Fees Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utilir Department at the request of a person, firm, association or corporation. Tap and Meter Fees: Any person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size o Tap & Meter Paved Street Unpaved Street Revenue Code 3/flinch $1,600.00 $650.00 5104 TW 1 inch $1,700.00 $750.00 5104 TW 1 '/2 inch $2,200.00 $1,200.00 5104 TW 2 inch $2,500.00 $1,500.00 5104 TW Water Meter Fees: Size o Meter Meter Fees Revenue Code 3/4 inch $305.00 5104 TW 1 inch $375.00 5104 TW 1 '/2 inch $670.00 5104 TW 2 inch $680.00 5104 TW Water Meter Relocations: Size o Meter Relocation o 10 Feet or Less Revenue code 3/4 inch $285.00 5104 TW 1 inch $285.00 5104 TW 1 '/2 inch $340.00 5104 TW 2 inch $390.00 5104 TW Fire Hvdrant Installation Fees: Paved Street Unpaved Street Revenue Code Installation Fee $5,030.00 $3,085.00 5104 TW Table 13 Water Line Taps Size o Tap Paved Street Unpaved Street Revenue Code 4 inch $2,900.00 $1,750.00 5104 TW 6 inch $3,100.00 $2,000.00 5104 TW 8 inch $4,100.00 $3,000.00 5104 TW 12 inch $5,100.00 $4,000.00 5104 TW Table 14 Wastewater Taps with Cleanout Fees Size o Tap Paved Street Unpaved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,570.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,865.00 5206 TS Manhole Breakout Fee 6" - 12" Line $165.00 5206 TS Page 78 Water and Wastewater Impact Fee Schedule "Effective August 1, 2008" Table of Contents: Section 1: Property Platted before September 15, 1998, or after July 31, 2008 Section 2: Property Platted September 15, 1998 - May 28, 2003 Section 3: Property Platted May 29, 2003 - July 31, 2008 For meters larger than 2", please contact the Water Utility Department For platted property located in Zone 1 that is for a single family residence of 1,300 square feet or less and located on a lot of 6,000 square feet or less, the water and wastewater impact fees will be 0.50 SFEs of the adopted fees for Zone 1 for a 5/8" x 3/4" water meter. Please refer to the Water Utilities Impact Fee web page for a reference map of Water and Wastewater Service Area Impact Fee Zones 1 and 2. Apartment projects will be assessed based upon 0.26 SFEs per bedroom. Section 1: Property Platted before September 15, 1998, or after July 31, 2008 For a new development for which a final plat recordation occurred before September 15, 1998, or after July 31, 2008, impact fees for water and wastewater can be calculated according to Table 15 (Water) and Table 16 (Wastewater) below. Table 15: Water Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water SFEs per Net Cost per Net Cost per Net Cost per Net Cost per Meter Size Meter SITE Meter SITE Meter 5/8" X 3/4" 1* $3,400.00 $3,400.00 $4,000.00 $4,000.00 1" 2.5 $3,400.00 $8,500.00 $4,000.00 $10,000.00 11/2" 5 $3,400.00 $17,000.00 $4,000.00 $20,000.00 2" 8 $3,400.00 $27,200.00 $4,000.00 $32,0000.00 Table 16: Wastewater Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water SFEs per Net Cost per Net Cost per Net Cost per Net Cost per Meter Size Meter SITE Meter SITE Meter 5/8" X 3/4" 1* $1,700.00 $1,700.00 $1,760.00 $1,760.00 1" 2.5 $1,700.00 $4,250.00 $1,760.00 $4,400.00 11/2" 5 $1,700.00 $8,500.00 $1,760.00 $8,800.00 2" 8 $1,700.00 $13,600.00 $1,760.00 $14,080.00 Page 79 Section 2: Water and Wastewater Impact Fees (Plats September 15, 1998 - May 28, 2003) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees for water and Zone 1 wastewater can be calculated according to Table 17 below: Table 17: Water and Wastewater Impact Fees - Zone 1 (Plats September 15, 1998 - May 28, 2003) Water SFEs per Net Cost per SFE Net Cost per Meter Meter Meter Water Wastewater Water Wastewater Size 5/8" X 1* $2,044.00 $483.00 $2,044.00 $483.00 3/4" F 2.5 $2,044.00 $483.00 $5,110.00 $1,207.50 11/2 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 Section 3: Water and Wastewater Impact Fees (Plats May 29, 2003 - July 31, 2008, Zone 1 Only) For a new development in Zone 1 for which final plat recordation occurred May 29, 2003, through July 31, 2008, and for which no new service units have been added, the impact fees per service unit for water and wastewater can be calculated according to Table 18 below: Table 18: Water and Wastewater Impact Fees - Zone 1 (Plats May 29, 2003 - July 31, 2008) Water SFEs per Net Cost per SFE Net Cost er Meter Meter Size Meter Water Wastewater Water Wastewater 5/8" X 3/4" 1* $3,155.00 $1,703.00 $3,155.00 $1,703.00 F 2.5 $3,155.00 $1,703.00 $7,887.00 $4,257.50 11/2 5 $3,155.00 $1,703.00 $15,775.00 $8,515.00 2" 8 $3,155.00 $1,703.00 $25,240.00 $13,624.00 Page 80 0 4- Z o bfi ~ C (ld ad = ad CC O U m C U O U ? M cc O C 0 c, GJ O Z e n N Z z ~1 V V) ad b~ V V = V O ~ ^ W W tn 00 O 4 0 O N N N ' O o ~ ~•aA ~ T. ~ ~ ~ V ~ C.' O M v'~ \O l~ \O ~ ICI ~ O ~ ~ A ~ rj ~ O C ~ ~ \O ~ d\ d\ M 00 C.' U O O bA 01 v~ N 0 00 d\ ~ W Z a~ cC Ct ~ o S. r..i M 4-0 V > Z V U d\ u ~ V CC U v' SU. CC U O is CC CC bJJ Z p o0 00 00 00 00 00 W wx ~ ~x a~ CC CC ° l~ O~ O ~n M ~ S. U O O M M ~ ~ y ~ l~ 01 r-i ~j O dl UI O DD 00 01 01 O O O O O O N N N N N N U V A APPENDIX F GLOSSARY Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no more than 30% of gross income for housing costs. CDAC: Community Development Advisory Committee. Cost Burden: The extent to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U. S. Census Bureau. Community Development Block Grant (CDBG): An annual grant of federal dollars to the City of Denton from the U.D. Dept. of Housing and Urban Development. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanent housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Denton Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Denton Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essential social services to homeless individuals. Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Page 82 Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U. S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HTC: Housing Tax Credit (formerly Low Income Housing Tax Credit HUD: U. S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Middle Income: Households whose income is between 80% and 95% of the median income for the areas. Page 83 MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 84 APPENDIX G City of Denton 2010-2014 Consolidated Plan for Housing & Community Development Focus Group Comments Focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed three questions: 1) What do you see as the most significant human service issues or problem facing residents of the City of Denton? 2) What do you see as the top three most significant unmet needs in the City of Denton? 3) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet future housing, health, and human service needs? Homeless Coalition Responses, 12/02/09: 1) Financial illiteracy, substance (alcohol & drug) abuse, health care, juvenile pregnancy, residing unemployment/underemployment, transitional housing w/supportive services, long-term shelter with services including SROs, transportation, mental health and housing for L/M persons, domestic violence, affordable housing, community education regarding needs, improvement of information and referral services. 2) Three most significant: a. Housing & mental health services for L/M b. Health Care c. Longer term shelter including SROs 3) NEMBY, County involvement, organizational capacity (paperwork, time, staff, $'s) Denton Information Network Responses, 12/03/09 1) Transitional shelter, utility assistance, substance abuse prevention, access to and affordability of prescriptions, health and mental health care for low income persons, transportation, affordable housing and utilities. 2) Three most significant: a. Transitional shelter b. Health and mental health care for low-income persons c. Affordable housing and utilities 3) Funding, NIMBY, inadequate transportation, politics (need community education). Page 85 Geriatric Services Workgroup Responses 3/12/10: 1) Improved public transit coverage, improved accessibility at bus stops, housing improvements to support aging in place, affordable assisted living, senior meals, senior pet care, improved emergency response capabilities, planning and community education designed to support senior residency, improved information and referral services, outreach and case management. 2) Three most significant: a. Improved public transit coverage b. Affordable assisted living c. Information and referral, outreach and case management services 3) Lack of regional planning, funding, lack of efficient and effective use of funding, lack of volunteers, lack of trust, lack of cultural competence (need to educate communities and community leaders). Page 86 APPENDIX H CITY OF DENTON 2010 FAIR HOUSING PLAN AND ANALYSIS OF IMPEDIMENTS TO HOUSING CHOICE Page 87 Prepared By: Community Development Division Table of Contents Page L Introduction 3 IL Housing Market and Demographic Factors 4-6 III. Community Development Activities 7-9 A. Analysis 1. Housing Programs 2. Human Services Activities I Public Facilities and Infrastructure Improvements 4. Demolition and Clearance B. Proposed Actions IV. Fair Housing Activities 9 A. Analysis B. Proposed Activities V. Fair Housing Complaints 9-10 A. Analysis B. Proposed Activities VI. Lending Practices 10-11 A. Analysis B. Proposed Activities VII. Development Policies 12-15 A. Analysis B. Proposed Activities VIII. Conclusion 16 IX. Certification 17 Page 88 INTRODUCTION The City of Denton is committed to affirmatively furthering fair housing for all persons. As part of the community's goal to assure every individual the right to safe, decent and sanitary housing, an analysis of impediments to fair housing has been carried out using 2000 census information and data from other studies. Elements of the City's Fair Housing Plan include the following: • Completion of an analysis to identify impediments to fair housing choice; • Development of programs, policies and activities designed to overcome the effects of any identified impediments; • Implementation of plan; • Maintenance of records reflecting activities designed to affirmatively further fair housing. The City of Denton's Fair Housing Plan is divided into six (6) areas. Each area has been reviewed to determine what impediments might exist and what actions should be taken to ameliorate these conditions. The following is a list of those areas: 1. Housing Market and Demographic Factors 2. Community Development Activities I Fair Housing Activities 4. Fair Housing Complaint Process 5. Local Lender Activities 6. Development Policies Pages two through four of the City's draft 2010 Consolidated Plan provides information on the efforts that were taken to gain input from citizens and organizations regarding housing needs and other needs in Denton. Information obtained from these efforts was used to develop the strategies in the Consolidated Plan and assisted Community Development staff in making a determination as to the impediments to fair housing that may exist in the Denton community. Please refer to these pages for information on community input. HOUSING MARKET AND DEMOGRAPHIC FACTORS Page 89 ANALYSIS Housing market supply factors from the 2000 Census indicate that housing in the City of Denton is more affordable and therefore easier for all populations to access, than any other area of the County. Denton and Sanger had the lowest median rents ($625 and $636 respectively); $100 less than Argyle with the next lowest rent and less than half the median rent charged in Highland Village ($1,276). Denton had the largest share of renter occupied housing units (58%), 12 percentage points higher than Lewisville with the second highest share. In Carrollton, Sanger and the remaining jurisdictions in the County, approximately one-third of the households are renter. Argyle, Corinth, Flower Mound and Highland Village each have less than 10% renter households. According to the Census, Denton also has the third lowest median housing value in the County ($98,600), just ahead of The Colony ($95,700) and $27,000 higher than Sanger. Argyle had the highest housing value at $236,800; almost double the County ($127,000). Flower Mound and Highland Village also had home values significantly higher than the County at more than $180,000. In 2006, 49% of Denton's housing units were renter occupied, lower than the $58% reported in the 2000 census. This downward trend is most likely due to the number of single family units built in Denton since 2000. Of the single family units in Denton, 79% are owner-occupied as compared to only 2% of multi-family units. Denton's median rent in 2006 was $707; a 13% increase over 2000, but less than the $15.4% inflation rate over the same period. Median home values increased at over twice the inflation rate in Denton, rising 31%. These factors indicate that there appears to be more affordable housing in Denton than in most other areas of Denton County. Though "income level" is not a protected class under the Fair Housing statute, the presence of affordable housing is an indicator of a community's willingness to accept and promote a diverse population base. Below are two charts comparing Denton's 2006 cost of housing to the rest of the County: Rent Paid Less than $500- $600- $700- $800- $900- $1000 Median %Renter $500 $600 $699 $799 $899 $999 or more Occupied Denton County 6% 11% 14% 16% 15%'l 12% 26% $822 32.5% Denton I 18"'n » 12 10"'n 8°(1 loo 7U7 4,)"'u Balance ofCounty 4% 9% 11% 17% 17% 13% 28% $848 29% Housing Value Less than $80- $100- $125- $150- $200- $250K+ Median 80K 99.OK 124.9K 149.9K 199.9K 249.9K Denton Comity 7% 5% 11% 15% 24% 14% 24% $171.700 Denton I ? 14 I ? 14 2 I 10" ? 12 Balance of County 6% 3% 10% 15% 25% 15% 26% $177,800 Source (both charts): US Census Bureau, 2006 American Community Survey (American Fact Finder Web Site) Page 90 Extensive demographic information is included in the Consolidated Plan on pages 5 - 21. The information discussed in this section includes growth projections, racial and ethnic information, minority concentrations, housing stock, housing tenure and size of households. Below is a chart showing Denton's "Affordable Rental Housing Inventory". The chart indicates that several low income housing tax credit developments provide affordable housing to lower income households. It is important to note that, over the past several years, Denton has consistently had more than or has been very close to two times the State average of Housing Tax Credit (HTC) units per capita. One project entailed the demolition of an older low- income apartment complex managed by the Denton Housing Authority and construction of a new multi-family development to serve low and moderate-income renters. Affordable Rental Housing Inventory Organization Tvpe of Assistance Funding Source Number of Units Denton Housing Subsidized Authority units in City Section 8 1510 Country Park Affordable LIHTC 120 Apartments Family Units The Waterford at Affordable LIHTC 156 Spencer Oaks Family Units Rosemont at Affordable LIHTC 276 Pecan Creek Family Units Primrose at Affordable LIHTC 250 Sequoia Park Senior Units Pebblebrook Affordable LIHTC 250 Apartments Family Units Pecan Place Subsidized (DHA) Senior Units LIHTC; CDBG 24 Renaissance Affordable LIHTC & DHA Courts (DHA) Family Units private 150 Quail Creek Affordable North Family Units LIHTC 264 Providence Place Affordable II Senior and LIHTC 252 Fairoaks Subsidized Section 202 41 Senior Units Denton Units for Section 811; Affordable Disabled HOME; HTF; FHLB; 34 Denton Transitional FHLB; TDHCA; Affordable Housing Units HOME; Private 20 Denton Affordable Affordable Family Units Private 11 Page 91 Affordable Rental HoirviiigInventon~ Organization Tvpe of Assistance Funding Source Number of Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Nmnber of vouchers available The following are specific references/information available in the draft of the City of Denton's 2010 Consolidated Plan related to population and housing characteristics: Population, Employment and Housing Characteristics Pages 5-21 Population Characteristics Housing Supply and Tenure Housing Affordability Affordable Housing Inventory Homeless & Special Needs Housing Housing Needs Assessment and Strategies Pages 22 - 40 Rental Housing Owner-Occupied Housing Homeownership Special Needs Housing/Homeless and Continuum of Care Lead Paint Hazards Denton Housing Authority The Denton Housing Authority provides Section 8 vouchers on a first-come, first-served basis. They currently have a waiting list and those households placing their name on the list have a three to four year wait before they are able to be considered for housing assistance. Below is a chart providing racial/ethnic information on the 2010 DHA Section 8 tenant households: Section 8 Voucher Households (January 2010) Race Ethnicity White Black American Indian/ Asian Native Multi- Hispanic Non- Native American Hawaiian Racial Hispanic 745 938 6 43 5 34 264 1507 (42.1%) (530/.) (.3%) (2.4%) (.3%) (1.9%) (1501.) (850/.) COMMUNITY DEVELOPMENT ACTIVITIES Page 92 ANALYSIS The draft 2010-2014 Consolidated Plan for Housing and Community Development, to be approved in June 2010, provides information on Denton's demographics and unmet community needs. Annual Action Plan activities are based upon the Consolidated Plan. Elected officials base decisions regarding activity funding on a multidimensional process that includes needs assessment, citizen input, committee review and discussion and final approval. The Consolidated Plan includes detailed data that is used to pinpoint areas of specific need in the community. Federal, State and local resources are then targeted to meet these needs. Community Development activities have, over the past several years, been targeted to the following areas: Housing programs: owner-occupied maintenance and renovation/rebuilding, homebuyer assistance; purchase/rehab/sale of moderately-priced units; special needs unit construction, Low Income Housing Tax Credit & other affordable rental developments; lead hazard control program. Human services activities: transitional housing; domestic violence shelter and services, child care for lower-income households, indigent health care, homeless services and services for households affected by AIDS. Public facility & infrastructure improvements: streets, drainage, park improvements, water and sewer improvements. These projects serve to revitalize low and moderate-income neighborhoods. Housing Programs Support for housing programs targeting low and moderate-income households has been the focus of Denton's CDBG and HOME programs since their inception. Housing rehabilitation was the first major program developed and this has been expanded to include reconstruction of severely substandard units and a minor repair program for units with problems that require immediate attention. The City also supports a homebuyer assistance program and staff has worked closely with local lenders and real estate professionals to make the program a success. An infill program has provided a limited number of new affordable housing on properties in developed areas. Perhaps one of the most successful activities has been the City's development of and support for the Denton Affordable Housing Corporation, the City's only certified Community Housing Development Organization. The City of Denton has also worked with the Denton Housing Authority and private developers participating in the State's Low Income Housing Tax Credit Program. As stated above, as early as 2005, Denton had more than two times the State average of tax credit units serving low to moderate-income renters. Page 0,11 Human (public) service activities are funded through both CDBG and the City's general fund. The City of Denton has been supporting and funding human services since the 1970's, before becoming a CDBG entitlement community in 1984. Funded activities include the following: o Domestic violence prevention and victim's services o Day care for low and moderate-income households o Nutrition and hygiene assistance for AIDS-impacted families o Transitional housing programs o Rent, utility and food assistance o Summer playground programs for youth in low-income neighborhoods o Health and dental care o Adult day care o Advocacy services for victims of child abuse These services are provided by local service organizations. Each organization funded with CDBG is subject to an annual risk assessment. Those organizations where the assessment indicates a "high" risk is present will be monitored. Each organization is monitored at least once every two to three years. Contracts require compliance with CDBG and other federal regulations. Quarterly reports detail financial and beneficiary information and provide progress reports regarding performance measures. A strong collaborative relationship exists between local service organizations, Denton County, the Denton Independent School District, the University of North Texas, Texas Woman's University and the City of Denton. As a result, programs are well-planned and targeted to meet specific needs identified in the community through the efforts of these organizations. A major collaborative effort entailed the development of the Denton County Homeless Coalition. The Coalition develops funding applications to assist in providing services to the homeless and potentially homeless throughout the County. The City of Denton has, over the past several years, been the entity that has officially applied for and administered funding for homeless activities throughout Denton County. The City of Denton provides this "pass through" service for the Denton County Homeless Coalition even though the administration funding under these grants is significantly less than the actual cost of managing the funding and monitoring the recipient agencies. A description of the City's human (public) services strategies and proposed activities is included under "Non-Housing Community Development" pages 43-45 of the Consolidated Plan. Public facilities and infrastructure improvements are carried out in low income areas. These include park, street, drainage and sewer improvements. CDBG funds spent in this manner revitalize low income neighborhoods and provide incentives for residents to maintain and improve their properties. These projects combined with housing construction, rehabilitation and reconstruction activities significantly improve the quality of life for those in these neighborhoods. Pages 47 and 48 of the Consolidated Plan provide additional information on strategies and goals for this activity. Demolition and clearance activities eliminate slum and blighting conditions throughout the City. Staff attempts to clear at least three to five properties on an annual basis. This activity can make lots available for new housing construction and promotes viable, attractive neighborhoods. Page 94 PROPOSED ACTIONS 1. Promote citizen participation in a process that includes discussions of fair housing issues to assist in development of each annual Action Plan. 2. Continuation of programs that support the preservation of existing affordable housing, the revitalization of low-income neighborhoods and the encouragement of homeownership for low and moderate-income homeowners. 3. Support diversity and the development of affordable housing in all Denton County communities and the North Central Texas area. FAIR HOUSING ACTIVITIES ANALYSIS Over the past several years, the major emphasis regarding fair housing activities in Denton has included the following: • Development and maintenance of affordable housing • Educational activities • Creation and support of a local community housing development organization (CHDO) • Complaint processing and/or referral • Accessing Additional Funding for Community Development Activities Additional efforts to support fair housing through the City's programs include translation of programmatic information and legal documents into Spanish and publication of a quarterly newsletter. Advertisements, published weekly in the local newspaper, the Denton Record- Chronicle, provide fair housing contact information. Also, the Community Development Division continues to work with local lenders and real estate professionals. Each annual "Consolidated Annual Performance and Evaluation Report" contains a section detailing the actions taken by the City of Denton to affirmatively further fair housing. FAIR HOUSING COMPLAINTS Page 95 ANALYSIS Fair housing calls and complaints, since 2005, were reviewed by the fair housing administrator. Most of the inquiries that were made, involved tenants who felt that needed repairs were not being made to their housing units. Residents with concerns that did not appear to involve fair housing issues were given information as to where they could find out more about tenant rights in Texas. The City of Denton has worked with the Civil Rights Division of the Texas Workforce Division to discuss issues and assist complainants. Letters along with a copy of the City's fair housing ordinance and information regarding how to file a complaint with the City and with HUD was provided to 15 individuals. Three complaints were filed. Two were processed by the Texas Workforce Commission and, after investigating the actions of the management of a local mobile home community, the City determined that no further action would be taken on one complaint. It has become apparent that the City of Denton does not have sufficient funding to support a position that could focus exclusively on fair housing and complaint processing. As a result, and in an attempt to ensure that residents have access to comprehensive fair housing services, the City's Fair Housing Ordinance was revised in 2009 to assist complainants in submitting the appropriate forms and information to the U.S. Department of Housing & Urban Development. PROPOSED ACTIONS 1. Educate the community regarding the revision of the City's Fair Housing Ordinance to ensure that complainants have the assistance needed to adequately resolve their issues. 2. Attend HUD-sponsored or other fair housing training when available to keep staff apprised of any recent changes to fair housing laws or requirements as they relate to Community Development programs. 3. Support training on the City's programs and Fair Housing for local real estate professionals, property owners and managers. 4. Continuation of housing programs designed to ensure that affordable, accessible housing is available in Denton. 5. Work with Building Inspections and the City's Code Enforcement Division to ensure that rental properties meet city codes to ensure health and safety for tenants. Provide information to personnel in both divisions regarding City programs that can assist owners and tenants in meeting some code issues. LENDING PRACTICES Page 96 ANALYSIS A comprehensive study to assess the compliance by Denton-area lenders with fair housing law and requirements has not been conducted. However, staff confirms that several local lenders appear committed to meeting community needs, especially in the area of affordable housing. The City of Denton and the Denton Affordable Housing Corporation have partnered with local lending institutions to assist low and moderate-income households. The following are some examples of the above-mentioned partnerships with lending institutions: 1) NorthStar Bank has partnered with the Community Development Division to obtain Federal Home Loan Bank funding. This funding is used to assist low and moderate-income homebuyers and homeowners through the City's existing programs. 2) Wells Fargo Bank has partnered with the Denton Affordable Housing Corporation providing development loans for several of their housing projects. 3) The Denton Area Teachers Credit Union (DATCU) and other local lenders participated in the Denton Housing Coalition. 4) Lenders have the opportunity to become "Participating Lenders" for the City's Homebuyer Assistance Program (HAP). At any time, the program usually has about twenty participating lenders. All participants have made a commitment to affirmatively market the HAP to low and moderate-income buyers. Based on experiences with local lenders by the Community Development Division and the Denton Affordable Housing Corporation, it does not appear that any neighborhoods are subject to "blacklisting" and that no specific groups of borrowers are being denied access to mortgage or home improvement loans. Unfortunately, at this point in time, it appears that lenders may have been too lenient in their lending practices, allowing households to purchase homes even without evidence of reasonable debt to income ratios. It is important to note that those households participating in the City of Denton homeownership program were required by the City to meet standard debt to income and loan to income ratios. PROPOSED ACTIONS 1. Maintain current relationships with local lenders to support community fair housing efforts. 2. Work with lenders to ensure that underwriting criteria and loan programs do not support the provision of mortgage loans to low-income households that are unprepared for homeownership and/or cannot maintain required mortgage payments. 3. Include lenders on list of those invited to participate in fair housing training, home fairs and other activities sponsored by the City's Community Development Division. Page 97 DEVELOPMENT POLICIES ANALYSIS B. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. IV. LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Page 98 E. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 4. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 5. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 6. Create codes and ordinances to promote and encourage the quality of smaller size housing. F. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 4. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 5. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 6. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. G. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 6. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 7. Code enforcement will have a priority in older neighborhoods. 8. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 9. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 10. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older Page 99 neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. H. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. V. POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. D. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. E. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Recently, the DAHC was responsible for construction of an affordable green housing development. F. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing VI. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS E. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the Page 100 districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. F. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. G. Lots which may not meet current area requirements are "grandfathered." H. The City of Denton building code requirements are reviewed by the Construction Appeals and Advisory Board. This board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: • 2006 International Building Code • 2006 International Residential Code • 2006 International Fuel Gas Code • 2006 International Energy Conservation Code • 2006 International Mechanical Code • 2006 International Plumbing Code • 2006 International Fire Code • 2005 National Electrical Code L Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. J. A tax rate comparison is included on page 53 of the Consolidated Plan. It shows that Denton, despite the significant amount of tax exempt properties in the community (Denton County facilities, University of North Texas and Texas Woman's University facilities, Denton ISD, and FEMA), is in the mid-range of tax rates for the area. PROPOSED ACTIONS 1. Continue to work with the Denton Affordable Housing Corporation and other housing providers to increase the supply of affordable, mixed-income, non-segregated housing units in the Denton area. Page 101 2. Continue to work with the Denton County Homeless Coalition and local non-profit corporations in an attempt to provide emergency and transitional housing to the homeless and potentially homeless. 3. Continue to seek out funding sources that can reduce the development fees for affordable housing. CONCLUSION The analysis of the five fair housing areas above has resulted in various conclusions regarding the City's attempts to affirmatively further fair housing. First, Community Development activities are carried out based on community needs as evidenced by input from citizens and general demographic data. Community Development activities are meeting housing needs in the community without regard to race, religion, ethnicity, gender, disability or family status. Second, fair housing activities will continue to concentrate on educating the community regarding fair housing issues. Third, the recent revision of the City's Fair Housing Ordinance will support stronger fair housing enforcement. Forth, it appears that local lenders are committed to meeting community needs through their participation in both the City's and the Denton Affordable Housing Corporation's programs and housing development activities. The final conclusion is that Denton has no overt barriers to fair housing. Denton has more affordable units than other Denton County jurisdiction. Efforts will be made to ensure that the community's affordable units remain in standard condition. Denton also has a strong non-profit sector that is working to ensure that all households in the area have access to housing, healthcare, jobs, etc. The City of Denton will work with surrounding communities and the North Central Texas Council of Governments to support fair housing in all North Texas communities. In accordance with the applicable statutes and the regulations governing the Consolidated Plan regulations, the City of Denton, as a grantee of the U. S. Department of Housing and Page 102 Urban Development, certifies that it will affirmatively further fair housing through the following activities: 1. The City of Denton has conducted an analysis of impediments to fair housing choice within the jurisdiction. 2. The City of Denton has taken appropriate actions to overcome the effects of any impediments identified through the analysis. 3. The City of Denton will maintain records reflecting that analysis. 4. The analysis will be updated as needed when the 2010 Consolidated Plan, the Denton Development Plan and local building and maintenance codes are revised and adopted. Signature of Authorized Official Date City Manager Title of Authorized Official Page 103 1 amity of Denton DRAFT Action Plan for Housing and Community Development 2010 Program Year z.. E P ~ C k Housing Park Facilities , S t dh11Ui. ~ Ip a1 k' r r Public Improvements Human Services Prepared for the U. S. Dept. of Housing and Urban Development To be approved by Denton City Council on May 4, 2010 www.ciiyofdenton.com ADA/EOE/ADEA TABLE OF CONTENTS A. Executive Summary of Action Plan 1. Introduction ..................................................................................................................1 2. Funding Summary ........................................................................................................2 3. Local Match ..................................................................................................................4 4. Citizen Participation .....................................................................................................4 5. Amendments .................................................................................................................5 6. Evaluation of Past Performance ...................................................................................5 B. Projects/Activities 1. Summary ......................................................................................................................7 2. CDBG and HOME Proposed Projects ..........................................................................8 3. Other Resources Available .........................................................................................19 C. CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................20 2. Continuum of Care Strategies ....................................................................................21 3. Lead-Based Paint Strategies .......................................................................................23 4. Human Services Strategies .........................................................................................23 5. Infrastructure & Public Facilities Strategies ..............................................................24 6. Demolition Strategies .................................................................................................25 7. Anti-Poverty & Economic Development Strategies ..................................................25 8. Barriers to Affordable Housing ..................................................................................25 D. Proposed Project Map ......................................................................................................27 E. Other Program Requirements 1. HOME - Forms of Investment ...................................................................................28 2. Monitoring Standards and Procedures ......................................................................28 3. Public Housing Improvements ...................................................................................29 4. Public Housing Resident Initiatives ...........................................................................29 5. Institutional Structure .................................................................................................29 6. Chronic Homelessness ...............................................................................................30 7. HOME - Minority Outreach Program ........................................................................31 F. Community Development Minutes 1. Minutes from Public Hearings ...................................................................................32 2. Community Development Advisory Committee Minutes ..........................................34 3. Human Services Advisory Committee Minutes .........................................................46 4. 30-day Comment Period .............................................................................................65 G. Appendix 1. SF 424 Application for CDBG Grant .........................................................................67 2. SF 424 Application for HOME Grant ........................................................................68 3. Certifications for CDBG and HOME .........................................................................69 4. Table: Annual Housing Completion Goals ...............................................................77 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2010 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2010 Program Year to address Denton's strategies stated in the 2010-2014 Consolidated Plan. for Housing and Community Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living, ■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. Page 1 FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available in the appendix page 67 through 68. The table below shows the federal funding available from the U. S. Department of HUD for the 2010/11 program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. FUNDING SUMMARY 2010/11 Program year U. S. Department of Housing and Urban Development CDBG HOME TOTAL Entitlement Grant $975,447 $578,028 $1,553,475 Reprogrammed Prior Years' Funds $155,000 $0 $ Estimated Program Income $14,000 $40,000 $54,000 Total Funding Sources from HUD $1,144,447 $618,028 $1,762,475 Benefit to Low & Moderate Income Persons $946,558 $556,226 $1,502,784 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2010-11 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $10,464,831 in additional resources are proposed for the 2010/11 program year. A list of resources available to the City of Denton can be found on the next page and includes local, state and federal resources. Page 2 O O V 00 V O M O l17 6) O a7 a7 O N M M O O O 00 O O O M O I- I- N O V O v O O M M ao ao LO l17 m O m O O O r-- O O O ao O M O O J U) oc O 6) (7 (7 O M O O c vi c vi (7 (7 ~ V O C IL O O V Lf) Lf) ~ (7 c Z O I- LO r- LO O LO LO m a7 O r- V O N 00 m Cl) O O Cl) 00 O N O V 00 LO 00 00 CO fA O fA LO N N O I-- M aO LD V M 00 aO I-- N_ t O Il- V N N Il- V EA O 00 O O 6) V M V O N e-, V EA V oc fA V V I- EL? fA fA N N I-.- oc fA fA fA N EA EA EA EA EA EA EA EA EA EA EA EA EA EA N LL M M M_ O r- V O O O O ao V O r- O O 6) N O (O O r- O O C V CO O U) O N c vi V V V I~ O l17 V O oc In LO Q O V L,) M O I~ 3) 6) N O "0 N O O 6) Z I~ O N 00 O V O O 00 fA V O O fA N_ N_ a7 I- CO EL? fA N fA N CO O N CO CO a0 d EL? 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O O O Lf) ~ V m LO r- LO LO (O LO O (O (O O O co O N M ao LO V W O 00 fA fA 6) ec) LO N V N N N N N en V N r- V en N V fA fA Z 6r> 6r> fA fA fA fA fA N~ fA CLL U LL O E w w V a a) a) a) = a) a) a) a) a) > a) a) a) a) > a) a) a) > > a) v o U o v U L) L) L o L) L) L) L) O v v v O O o v O v v a) a) a) a) a) a) a) a) E a) a) a) a) E a) a) a) E E E a) E a) a) O U) U) U) D) cn w w w w cn cn cn cn cn cn cn cn cn cn a 'v 'v 'v E 'v v 'v 'v .5 - .5 .5 - - 'EL '5 'EL '5 '5 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 0 o 0 o ca ca ca o ca o 0 E 2 coi ~ a) ca ~ a) -o tr. cr. c c ° E O o a) fn d E a) fn O LO O O U) d (6 c6 O -O C a) N L) Q W a) ° E o Q L U s s ca (i (i > ° cr. CL a) c a'i z 'T E 'ca Q o LL -w E c -0 c o U) U) a) a -0 of U Y ca a) a) °o W o o s v°)) v°)) `O ° Q i c J (n Ec E E `o o S; 2 z W Q Q a`~ c O W Z (U°) Q O 2 2 Co CL = a) a C c° z z o Q° a~i Li w_ o ° Q cu 22 o o U ca ca a) ca (n E z 0 0 0 0 0 0 0 c in U U li = in Q d `o ° O w w w °i a°i 0 o L5 L w cg ° w LL E a a) c c o E a) O c in ° Q U CU CU U U= 0 0 U (n ° a) ca (n W N Q c c c c c c d U N A (6 0 0 0 0 0 o E (n 0 0 0 0 0 0 _ LLB Y Y 2 -Fu Q E E c c c c c c E 0 ca d v Y ca 'E5 aa)) Z U U U U U U U U 0 0 0 0 ~ 0 1 0 0 0 Li LL LL 2 02 cu --j a) (n 0 LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $124,057. The 25% match of federal HOME funds excludes administrative allowances of 10% and CHDO operating expenses. The City of Denton will provide the match from a variety of sources including the following: 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Action Plan process including the 2010 substantial amendment to the 2008 & 2004 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. Public hearings were held December 3rd and 7th, 2009. The December 3rd public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2010 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 32 for minutes of both public hearings. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter is was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders; Realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viewing at all recreation centers, libraries, and the City of Denton's website. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at the Community Development Department and on the City of Denton's web page. The advertisements also included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. Comments received during the 30-day comment period will be included in the Action Plan. Page 4 To ensure citizen participation at all stages of the 2010 Action Plan process, a public hearing will be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the 2010 proposed projects and activities. Seepage 32 for minutes of the public hearing. AMENDMENTS The City of Denton is amending the 2004 Action Plan and 2008 Action Plan to reallocate $155,000 from two cancelled projects to existing programs. In 2004 CDBG funds were allocated to a rental rehabilitation program and have not been expended. In 2008 $116,000 was allocated to the Fairhaven roof project. Fairhaven no longer serves low-income seniors. These amendments will allow this funding to be reallocated to other projects and/or programs. The City of Denton is also amending the 2006 and 2007 Action Plans to reallocate funding from the Denton Affordable Housing Corporation's (DAHC) Affordable Housing Opportunity Program to rehabilitate affordable rental housing units owned by DAHC. EVALUATION OF PAST PERFORMANCE It is evident from the information on performance outcomes in the 2007-08 CAPER that the City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals. Even though the expected level of fielding has not been received, Denton continues to make progress toward meeting goals outlined in the 2005-2009 Consolidated Plan for Housing and Community Development. However, it is important for City staff, residents, and HUD officials to understand that lower than expected fielding levels have caused a reduction in the level of service and number of units previously expected to be assisted. This has required more efficient use of available fielding and more time spent on seeking additional fielding sources. As a result, the number of individuals and households assisted during the five-year period will likely fall short of projected outcomes. During the past year, existing programs such as Homebuyer Assistance, Home Improvement and Minor Repair have supported homebuyers and homeowners. These programs have succeeded in providing current residents of the City with opportunities to improve their housing situation. The Home Improvement Loan and Minor Repair programs have succeeded in promoting the revitalization of older, decaying neighborhoods. Recently, Community Development staff sought out additional fielding to supplement fielding available in the Homeownership Assistance Program. This fielding was awarded and is used by the City to help make repairs on units that might otherwise not been available to new homebuyers. Though these programs continue to be successful, again with recent fielding cuts and the significant cost increases occurring during the past year, program target numbers for the five-year period will probably not be met. Continuum of Care activities continue to be successful and bring Emergency Shelter Grant fields from the State of Texas and Supportive Housing Program fielding from HUD into the Denton County area. These fields are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Agencies continue to participate in a collaboration that, for the past five years, has been fielded by the State ESG program. Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP fielding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. Page 5 Other public services activities fielded by the City of Denton through both CDBG and general fields have been successful in meeting identified needs in the Denton community. Health care has been one area where the community has made significant strides. The People's Clinic opened and was providing services to low-income individuals in Denton County. Health Services of North Texas is now providing these health care services. The City continues to support the services by providing fielding for patient services and medications that are not covered through the Medicaid system. The City of Denton continues to support childcare for low-income farmlies, services for the elderly and households affected by AIDS. Staff continues to work toward completing the public improvement projects more quickly. . This should ensure that the City of Denton has no timeliness issues. Programs and activities developed to meet community needs are reaching stated goals. Housing, social services, neighborhood revitalization and public facility improvements are focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. Page 6 2010 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2010 is $1,762,475 (includes $155,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 18 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBG HOME Page # Project Name Funds Funds 8 CDBG Administration $197,889 9 Children's Advocacy Center $9,833 9 City Of Denton - MLK Summer Program $5,944 10 City of Denton - Owsley Summer Program $5,944 10 Denton Affordable Housing Corp $87,386 11 Denton City County Day School $26,222 11 Denton City County Day School Improvements $40,150 12 Denton Co. Friends of the Family $26,111 12 Family Health Care, Inc. $20,787 13 Fred Moore School - Phase I Activities $120,400 13 Health Services of North Texas $21,394 14 HOME Administration $61,802 14 Homebuyer Assistance Program $56,160 $193,840 15 Home Improvement Program $75,000 $275,000 15 HOPE, Inc. - Transitional Housing $3,778 16 Mack Park Shelter Project $40,000 16 Minor Repair Program $125,000 17 MLK Center ADA Accessible Parking $22,000 17 Quakertown Park ADA Accessible Sidewalk $73,031 18 Ruth St. Sanitary Sewer Line Replacement $248,500 18 Special Programs for Aging Needs $21,167 Total Funding Allocated to Projects $946,558 $556,226 Social Services Funds to be Allocated $5,137 $0 Total Funding Available $1,144,447 $556,226 Unprogrammed Funds $0 $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2010 Program Year with CDBG and HOME funds: CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The program will be carried out by the City's Community Development Department. Funding includes $2,800 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Specific Objective: N/A Opportunities Outcomes: Specific Outcomes: N/A ❑ Availability/Accessibility Project Goals: NIA ❑ Affordability F-1 Sustainabili Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $197,889 Location: Community Wide HOME $0 Start Date 08/01/10 Other Sources $148,217 Completion Date 07/31/11 Total $346,106 Page 8 CHILDREN'S ADVOCACY CENTER Provision of support services to children and law enforcement in the investigation of cases involving abuse and sexual assault of children for residents of the city of Denton. Program will be carried out by Children's Advocacv Center for Denton County. HUD Matrix Code: 05N Abused and Neglected Children 570.201(e) Objectives: ® Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Number of persons assisted with unproved access to ® Availability/Accessibility Specific Outcomes: a service - 350 persons ❑ Affordability Project Goals: 350 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $9,833 Location: 1960 Archer Avenue, Lewisville 75077 HOME Start Date 10/1/2010 Other Sources $907,167 Completion Date 9/30/2011 Total $917,000 CITY OF DENTON - MLK SUMMER PROGRAM Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with unproved access to ® Availability/Accessibility Indicators: a service 10 persons ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $5,944 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 06/01/11 Other Sources $0 Completion Date 08/31/11 Total $5,944 Page 9 CITY OF DENTON - OWLSEY SUMMER PROGRAM Provision of a summer day program targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with unproved access to ® Availability/Accessibility Indicators: a service - 10 persons ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $5,944 Location: 1300 Pavin, Denton Texas HOME $0 Start Date 06/01/11 Other Sources 0 Completion Date 08/31/11 Total $5,944 DAHC - AFFORDABLE HOUSING CORP Rehabilitation of affordable rental units in Denton for special needs populations. Funds will be utilized for the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses of the agency. Program will be carried out by the Denton Affordable Housing Corporation. HUD Matrix 14B Rehab, Multi-Unit Residential Buildings 570.202 Objectives: Code: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: Rental Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of affordable rental housing. Outcomes: Specific Outcomes Number of households assisted with standard ❑ Availability/Accessibility Indicators: affordable housing units. - 8 households/housing units ❑ Affordability Project Goals: 8 households/housing units ® Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Community Wide HOME $87,386 Start Date 10/01/10 Other Sources 0 Completion Date 2/01/11 Total $87,386 Page 10 DENTON CITY COUNTY DAY SCHOOL PROJECT Project consists of making needed improvements to the school. CDBG funds will be used to install new hot water heaters, outside lights for safety and an outside canopy for sun protection. Funds will also be used to rebuild the resource room. The school provides day care on a sliding scale fee structure. The project will be carried out b the Cit 's Community Development Division and Denton Citv County Day School. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: ® Suitable Living Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Priority Need: Public Facilities ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility Indicators: facility - 185 children ® Affordability Project Goals: 185 children ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $40,150 Location: 1603 Paislev Street, Denton Texas 76209 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 04/30/11 Total $40,150 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale. Project will be carried out by the City's Community Development Department and Denton City County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ❑ Availability/Accessibility Indicators: a service - 191 persons ® Affordability Project Goals: 191 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,222 Location: 1603 Paislev Street, Denton Texas 76209 HOME $0 Start Date 10/01/10 Other Sources $466,770 Completion Date 09/30/11 Total $492,992 Page 11 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic violence. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Homeless ❑ Creating Economic Opportunities Specific Objective: Provide emergency, services for homeless persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 1,993 persons ❑ Affordability Project Goals: 1,993 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,111 Location: Confidential HOME $0 Start Date 10/01/10 Other Sources $1,862,000 Completion Date 09/30/11 Total $1,888,111 FAMILY HEALTH CARE Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Objectives: ® Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Living Environment Priority Need: Public Services ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 74 persons ❑ Affordability Project Goals: 74 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $20,787 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME $0 Start Date 10/01/10 Other Sources $453,011 Completion Date 09/30/11 Total $473,798 Page 12 FRED MOORE DAY NURSERY PROJECT Project consists of various improvements to the day care facility. Improvements will include roof repairs, HVAC replacement, exterior window replacement, door repairs and entry refraining, electrical and plumbing improvements. The day care provides services to low and moderate-income families. The project will be carried out by Fred Moore Dav Nursery School and the Community Develop went Division. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: ® Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Living Environment Priority Need: Public Facilities ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve services for low and moderate-income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted with access to unproved ❑ Availability/Accessibility Indicators: facility - 48 ® Affordabilitv Project Goals: 48 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $120,400 Location: 821 Cross Timber Street, Denton, 76205 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 4/15/11 Total $120,400 HEALTH SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV and medical assistance to underserved, low-income, and uninsured residents of the city of Denton. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Additional funding will be used for the salary of a pharmaceutical assistance program - coordinators salary, medical care, diagnostic tests, laboratory tests, medication and durable medical supplies for low-income residents of the city of Denton. Program will be carried out by Health Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: ® Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Number of persons assisted with unproved access to ® Availability/Accessibility Specific Outcomes: a service - 1,150 persons ❑ Affordability Project Goals: 1,150 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,394 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2010 Other Sources $771,806 Completion Date 9/30/2011 Total $771,806 Page 13 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Department. Funding includes $4,000 in HOME Program Income. 21H HOME Admin/Planning Costs of PJ (subj~ect to HUD Matrix Code: 10%) 92.20'7 (a) Objectives: ❑ Suitable Living Environment Eligibility: N/A ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Opportunities Specific Objective: N/A Outcomes: Specific Outcomes N/A ❑ Availability/Accessibility Indicators: ❑ Affordability Project Goals: NIA ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community Wide HOME $57,156 Start Date 08/01/10 Other Sources $0 Completion Date 07/31/11 Total $57,156 HOMEBUYER ASSISTANCE PROGRAM HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Communitv Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Increase availability of affordable owner housing. Specific Outcomes Number of first-time homebuyers - 25 households Outcomes: Indicators: Number receiving down-payment assistance/closing ❑ Availability/Accessibility costs - 25 households ® Affordability Project Goals: 25 households E] Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $56,160 Location: Community Wide HOME $193,840 Start Date 1/10/10 Other Sources 0 Completion Date 7/31/11 Total $250,000 Page 14 HOME IMPROVEMENT PROGRAM Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding also includes estimated program income for HOME ($40,000) and CDBG ($14,000). Program will be carried out b the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner-occupied housing. Outcomes: Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility Indicators: standard condition - 8 housing units ® Affordabilitv Project Goals: 8 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $75,000 Location: Community Wide HOME $275,000 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $350,000 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 35-40 persons ❑ Affordability Project Goals: 35-40 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $3,778 Location: 117 West Svcamore, Denton, TX 76201 HOME $0 Start Date 10/01/10 Other Sources $74,800 Completion Date 09/30/11 Total $78,578 Page 15 MACK PARK SHELTER PROJECT CDBG funds will be used to construct a 20' x 40' picnic shelter in Mack Park. The shelter will assist in accommodating children participating in the Summer Food Lunch Program as well as providing a recreational activity for those in the surrounding neighborhood. The project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03F Parks Recreation Facility 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activitv was used Outcomes: Indicators: to meet a measurable unproved quality - 4,200 ®AvailabilitylAccessibility ❑ Affordability Project Goals: 4,200 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $40,000 Location: CT 212 /BG 1 - 57.1% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 12/01/10 Total $40,000 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units occupied by elderly - 15 ®Availability, /Accessibility Indicators: Number of units made accessible - 5 ❑ Affordability Project Goals: 35 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $125,000 Location: Community Wide HOME 0 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $125,000 Page 16 MLK CENTER ADA ACCESSIBLE PARKING CDBG funding will be used to meet a communitv need for additional ADA accessible parking spaces and ADA compliant pedestrian ramps to conform to the current Americans with Disabilities Act and provide improved access to the MLK Jr. Recreation Center. These improvements will encourage use of the facility by all neighborhood residents. HUD Matrix Code: 03F Parks Recreation Facilities 570.201 (c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve accessibility, quality/increase quantity of Opportunities public improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable unproved quality - 2192 ®AvailabilitylAccessibility ❑ Affordability Project Goals: 2192 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS X Disabled Funding: Subrecipient: Local Government CDBG $22,000 Location: CT 21200/BG 2 - 72.7% LM HOME 0 Start Date 02/15/11 Other Sources 0 Completion Date 03/15/11 Total $22,000 QUAKERTOWN PARK ADA ACCESSIBLE SIDEWALK PROJECT Construction of an 8'wide, ADA compliant accessible sidewalk with ramps along Withers and Oakland streets to accommodate access to Quakertown Park, Emily Fowler Library and provide a safe pedestrian walkway for persons in the neighborhood. Approximately 2,180 linear feet of sidewalk will be constructed. Project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03L Sidewalks 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low-income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable unproved quality. ®AvailabilitylAccessibility ❑ Affordability Project Goals: 2,100 linear feet of sidewalk ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $73,031 Location: CT 206.01 /BG 3 LM HOME 0 Start Date 10115110 Other Sources $53,469 Completion Date 11/15/10 Total $126,500 Page 17 RUTH ST. SANITARY SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line from Hill to Cross Timbers and from Cross Timbers to Cook Street to Dallas Drive. The existing sewer line is in a state of disrepair. The replacement will require a new 8" sewer line and manholes for approximately 1,930 feet. The new line will be constructed and placed in the street. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: Indicators: to meet a measurable improvement of quality. - 33 ® Availability/Accessibility hh ❑ Affordability Project Goals: 33 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $248,500 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 2/15/11 Total $248,500 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to bud- meals. Program will be carried out by SPAN. HUD Matrix Code: 05A Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Non-housing special needs ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 350 persons ❑ Affordability Project Goals: 350 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,167 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/10 Other Sources $687,800 Completion Date 09/30/11 Total $708,967 Page 18 OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2010 Program Year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services programs. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2010. Category / Agency General Other Total Funds Funds Funds Aging Services Day Stay for Adults - 47 people $6,778 $284,008 $290,786 RSVP - 520 people $7,900 $266,683 $274,583 Emergency Services Denton County HMIS - N/A $18,000 $71,908 $89,908 HOPE, Inc. - reported in CDBG $18,111 $64,245 $82,356 Da Care /After School Care Denton Christian Preschool - 117 people $22,056 $432,000 $454,056 Fred Moore Day Nursery - 166 people $23,556 $416,444 $440,000 Child/Family Services CASA - 217 people $11,000 $665,339 $676,339 Communities in School - 400 people $5,000 $164,035 $169,035 Other Services Camp Summit- 6 people $2,944 $1,027,882 $1,030,826 Total $1 1 , 345 $3,392.,544 $3,507,889 Page 19 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2010 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2010-14 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES H-3.1 Encourage and support An addition of 150 affordable Provide support for developments meeting Sustainability he development of wits in mixed income his strategy. of Decent small mixed-income developments with 50 units Housing rental developments in or less would assist in accessible areas. meeting this outcome measure. H-2.1 Encourage self- Self sufficiency programs ork with and provide finding when Affordability of sufficiency among will target households ppropriate to support transitional housing Decent Housing households that receiving rental assistance and self-sufficiency programs administered currently receive rental and other forms of public by Denton Housing Authority and HOPE, subsidies and other assistance. Create housing Inc. and other local organizations. forms of public support. fordability for 3 to 5 households per year. H-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and Availability/ he rehabilitation of rehabilitation of 5 to 10 units local rental property owners to identify and Accessibility of substandard units. per year. support rehabilitation of substandard units. Decent Housing H-2.2 Encourage and assist Approximately 150 renters Continue supporting the City's Homebuyer Affordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable Decent Housing become homeowners. Housing Opportunity Program, DAHC's nfill New Constriction Program and Nevada Court Project, Denton Housing Authority's Family Self Sufficiency Program and Habitat for Humanity. H-1.2 Target programs and our newsletters per year will Disseminate program information in Spanish Availability/ information to be sent out. Additional and English to organizations serving these Accessibility of minorities and the information will appear on groups. Decent Housing elderly. able channel. OWNER-OCCUPIED HOUSING STRATEGIES H-2.3 Educate homeowners Information will be provided 8 households will be provided successful Affordability of regarding home to 8-10 households per year. homeowner education. Decent Housing maintenance and budgeting for major and minor repairs and safe leaning practices. H-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for 20 Affordability of moderate-income approximately 100 very low 25 households. Decent Housing households with minor to moderate-income housing repairs and homeowners. weatherization. H-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program Sustainability ow and moderate- households. It is anticipated or 8 households. of Decent income homeowners to that 25%-35% of the annual Housing maintain their units up allocation will be dedicated to to current City of his targeted area. Denton code standards 'n targeted areas. Page 20 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS H-2.5 Educate homebuyers Information will be provided Support of Fannie Mae and HUD approved Affordability of regarding home buying to 100 prospective homeowner-ship workshops by local Decent Housing process and household homebuyers. genies and lenders udgeting. H-2.6 Encourage and assist Approximately 100 renters Support the City of Denton's Homebuyer Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable Decent Housing income renters to Housing Opportunity Program with residual become homeowners. It ffinds. is anticipated that 35% to 50% will be minority households. H-2.7 Support production of Constriction of an estimated Support of DAHC and City's Infill New Affordability of fordable units. 50 new units. Constriction Program and DAHC and Decent Housing Habitat for Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS H-2.8 Provide assistance for 1) Support a minimum of la) Support and refer persons to local Affordability of ow-income households 100 units of individual business and agency's' First Time Decent Housing to secure and sustain and group counseling and Homebuyer classes and Credit safe, decent affordable educational opportunities Counseling Classes housing concerning securing and lb) Provide finding to HOPE, Inc in support maintaining a home. of programs including Housing Counseling Support 750 individual/ a) Provide administrative support and finds family units of sen-ices to including any Emergency Shelter Grant secure and maintain Program or Emergency Food and Shelter housing including Program Awards to HOPE, Inc and The prevention of foreclosure Salvation Army for homelessness and eviction a year. prevention assistance. b) Continue to support the Tenant Based Rental Assistance from HOME finds to the Elderly and Disabled to maintain independent living and to prevent homelessness. CONTINUUM OF CARE - OUTREACH AND ASSESSMENT SL-1.1 Improve counmunity 1) Continue implementation 1) Provide finds to the Denton County Availability/ assessment of needs and of HMIS. Increase data. Homeless Management Information Accessibility of sen-ices available sharing and number of System to enroll and support homeless Suitable Living participants. At least 3 - sen-ice agencies. Environment 5 agencies should ) Assist the Denton County Homeless participate in data sharing. Coalition to organize a to sldorce to Support development of a create and implement a plan to in county-wide, coordinated Chronic Homelessness including a Discharge Policy and Plan coordinated discharge policy. to End Chronic Homelessness in two -ears. Page 21 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE - EMERGENCY SHELTER H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide fiords to the Denton County Availability/ shelter and basic health, emergency shelter nights Friends of the Family Safe Shelter. Accessibility of food, clothing, and of stay a year. 2a) Assist The Salvation Army, and Denton Decent Housing personal hygiene needs ) Assist local agencies to County Friends of the Family to apply of the homeless and apply for at least three for Emergency Shelter Grant Program victims of domestic grants to provide Funds violence. supportive services to all 2b) Assist Denton County MHMR to apply homeless, victims of for Supportive Housing Program and/or domestic violence, Shelter Phis Care Funds. homeless families or 2c) Assist Health Sen-ices of North Texas homeless youth. apply for Supportive Housing Program Funds. CONTINUUM OF CARE - TRANSITIONAL HOUSING H-1.4 Meet the transitional 1) Support at least 50 la) Provide funds to HOPE's transitional Availability/ housing and supportive individuals/ families shelter program to assist 10 people. Accessibility of service needs of the provided with transitional 2a) Provide local agencies with information Decent Housing homeless and victims of housing a year on grant opportunities for finds to domestic violence in ) Assist local agencies to support transitional housing and reparation for a move apply for at least two supportive services. to permanent or grants to provide 2b) Provide documentation for and assist permanent supportive additional transitional with the completion of applications to housing. housing and supportive request Emergency Shelter Grant Funds services and Supportive Housing Program finds 3) Support the increase use for transitional housing and supportive of transitional housing services and/or supportive services 3) Attend Ten Year Plan to End to prepare individuals for Homelessness meetings and provide permanent housing in the information on the importance and need Ten Year Plan to End for transitional housing and/or Homelessness. supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING H-3.3 Provide homeless and 1) Assist agencies to apply la) Assist Health Services of North Texas Sustainability victims of domestic for at least two grants to and Denton County MHMR apply for of Decent violence with provide permanent Supportive Housing Program finds for Housing permanent or supportive housing with permanent supportive housing program permanent supportive an emphasis on chronic projects. homeless and persons lb) Provide local agencies with information housing. with a severe mental on grant opportunities for finds to illness and/ or HIV support transitional housing and positive status. supportive services. Assist at least two 2a) Participate in the Affordable Housing coin mnity partnerships/ Coalition and the Denton County collaborative efforts to Homeless Coalition. continue to provide 2b) Provide finding to support programs of additional permanent HOPE, Inc, Denton County Friends of housing opportunities to the Family, and Denton Affordable the homeless, potentially Housing Corporation who have a homeless and victims of collaborative effort to move victims of domestic violence domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable permanent housing. Page 22 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES H-1.5 Educate homeowners, 30 households and 50-75 8 homeowners and 12 contractors or property Availability/ rental property ontractors and property managers will receive field guides for Lead Accessibility of owners/managers & managers received field Paint Safety painting, home maintenance and Decent Housing ontractors regarding nudes for painting, home renovation work instructions. Four owners, disclosure, the histor5r of maintenance and renovation managers or contractors receive individual lead-based paint, its work instructions. 20 safe work practice video training and lead- hazards to children and owners, managers or elated regulation training. how to use safe work ontractors receive individual practices when safe work practice video disturbing paint in older raining for the five-year housing. period H-1.6 Reduce Lead-Based Average of 40 units will In properties built before 1978, two minor Availability/ Paint Hazards in owner receive lead-based paint repairs, three owner occupied rehabilitations Accessibility of and renter-occupied inspection, hazard control and three homebuyer assistance projects will Decent Housing residential units as eduction work or abatement, be completed and receive lead-based paint heeded. ass inspections and, when eduction work, pass inspections and meet required, meet final clearance anal clearance in compliance with 24 CFR over the five-year period. 35 regarding lead-based paint during 2009. For the Homebuyer Assistance Program, only visual inspection will be conducted and roperty must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 la) Support the Coni mnity Food Center. Availability/ heeds of the homeless emergency meals and food a) Provide finds to support the Nutrition Accessibility of and low-income bags a year Center of Health Sen-ices of North Suitable Living Texas to provide an estimated 50 Environment ) Support at least 150 meals persons with weekly nutritional shops. and nutritional food b) Provide finds to support SPAN who bags/shops a year will provide meals to 350 to persons over or disabled persons. SL-1.3 Meet the basic shelter 1) Support at least 250 1) Provide finds to the Denton County Availability/ heeds of homeless and emergency shelter nights Friends of the Family Safe Shelter to Accessibility of ow-income persons of stay ayear assist 1,993 people. Suitable Living ) Support at least 25 2) Provide finds to HOPE, hic to support a Environment individuals/ families transitional housing program for an provided with transitional estimated 35-40 persons. housing ayear 3a) Provide 10 staff hours to support the 3) Provide at least 60 hours Denton County Homeless Count of staff time in support of conducted by the Denton County at least 3 projects for the Homeless Coalition (DCHC). Denton County Homeless 3b) Provide staff time as necessar5r to support Coalition a year the DCHC application for Continuum of Support 75 individual/ Care finds. family units of case 3c) Provide 30 staff hours to support the management and other DCHC application for Emergency sen-ices to maintain Shelter Grant Program Funds. housing including 4) Provide support to HOPE, Inc 30-90 day prevention of foreclosure program. and eviction a year Page 23 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy SL-1.4 Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Availability/ environment where coalitions and/or Homeless Coalition in the effort to Accessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness. Suitable Living and conumnities enjoy community initiatives to a) Provide finds to three daycares to Environment strong, supportive foster and maintain an support the provision of childcare to an relationships environment to promote estimated 474 families. strong, supportive b) Provide finds to after school/smumer relationships. care programs and the provision of Support at least 150 childcare for 20 children. individuals/ family units 3a) Provide support to Denton County of childcare, after-school Friends of the Family for the provision and summer care, of domestic violence and sexual assault parenting skills, and adult victim services including counseling. education assistance a 3b) Provide support to Children's Advocacy year. Center for Denton County to provide 3) Support at least 75 units sexual abuse/assault services to children of domestic violence and and non-offending families members. sexual assault prevention 4) Provide support to Denton County education and training a Friends of the Family for the provision year of community education and offender classes to prevent domestic violence and sexual assault. SL-1.5 City residents have 1) Support at least 50 units 1) Provide support the Family Health Care Availability/ access to health care to of health care services a and Health Services of North Texas for Accessibility of be as physically and year. primary health care and pre-natal Suitable Living mentally fit as possible ) Participate in any services to at least 1184 persons. Environment coalitions/collaborative a) Participate in the 100% Geriatric Services efforts to improve in Denton County Workgroup in the availability of health care effort to enrich and improve the lives of especially for low- the elderly. income persons, elderly, and people with disabilities. 3) Support at least 20 units of mental health care services a year... INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street improvements. Promote livability & of applicable this year. Sustainability of sustainability for residents of Suitable Living ow/mod neighborhoods. Environment rojects will support 200 hhs. SL-3.2 Installation of new Promote livability and of applicable this year. Sustainability of sidewalks and sustainability for residents of Suitable Living replacement sidewalks. ow/mod neighborhoods. Environment Projects will support 200 hhs. SL-3.3 Installation of water and Promote livability and Provide finding for replacement of sewer Sustainability of ewer lines. sustainability for residents of lines from Hill to Cross Timbers and from Suitable Living Connection of ow/mod neighborhoods. Cross Timbers to Cook Street to Dallas Environment residential units to Projects will support 150 hhs. Drive. services. SL-3.4 Installation of drainage Promote livability and of applicable this year. Sustainability of improvements including sustainability for residents of Suitable Living improvements that will ow/mod neighborhoods. Environment remove residential Project will support properties from approximately 50 hhs. oodplain. Page 24 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy SL-3.5 Rehabilitation and Improve availability & Provide finding for project at the Denton Sustainability of expansion of public accessibility of services City County Day School & Fred Moore Day Suitable Living services facilities. through improvement to at Nurser)-, Inc. Environment east 2 public service facilities. SL-3.6 mprove and/or expand Improve availability & Provide finding for a project for shelter at Sustainability of ark facilities including accessibility of services to at Mack Park, ADA accessible parking at MLK Suitable Living pen space, playground east 2 park facilities. Center and ADA sidewalk project at Environment hd other recreational Quakertown Park. acilities. DEMOLITION STRATEGIES SL-3.7 Continue to demolish To demolish 20 structures Continued support for the Demolition Sustainability substandard buildings to during the five-year period. Program with residual finds. of Suitable improvement the wing appearance and safety of Environment neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and Provide economic Provide non-federal incentives to Sustainability employment activities pporhmity by supporting rgauizations to create jobs. Work with job of Economic targeted to poverty and activities that create jobs. raining organizations to promote training in pporhulity -et)- low-income Observe an increase in the specific areas of need. households. unnber of poverty and low- income hhs that achieve self- sufficiency*. 0-1.1 Expand educational Provide economic Provide finding to transitional housing Availability/ opportunities for those opportunity for transitional providers. Request that information on Accessibility of seeking transitional housing clients. 25-35 hh educational opportunities be provided to Economic housing or other housing (over 5 years) receive clients. Opportunity support sen-ices. ounseling/educational sen-ices. 0-1.2 Encourage support of ver the five-year period 25+ Monitor federally funded projects and work Availability/ Section 3 goals by local Individuals hired for projects with contractors to ensure that Section 3 Accessibility of contractors. y private contractors. requirements are fulfilled. Economic orhuli r BARRIERS TO AFFORDABLE HOUSING STRATEGIES H-1.6 Educate the cohmmnity Improve accessibility and Quarterly newsletter will be sent out to vailability/Ac regarding the benefits of availability of information on clients, local lenders, realtors, agencies, essibility of fordable housing. fordable units by providing churches, neighborhood associations, Decent Housing homeownership and fair libraries, recreation centers and many others. housing information Two public hearing will be held during the quarterly newsletters, at least reparation of the annual action plan and one public hearings annually. during the preparation of the performance report. H-2.9 On an annual basis, Create affordability in Continue to request impact fee grants from Affordability of request approval and housing through provision of he General Fund for housing non-profits for Decent Housing ffinding for impact fee an average of three to five he constriction of affordable housing. grants for producers of grants per year over the five- fordable housing. year period. Page 25 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy H-2.10 Allocate finding to the Create affordability in Support for Denton Affordable Housing Affordability of ion-profit and for-profit housing through constniction Corporation's, Habitat for Humanity, Private Decent Housing organizations that are of 25 - 50 SF units and 50 - developers and the City's Infill New developing affordable 100 rental units that are Constniction Program. housing. Request that fordable to low-income they attempt to households over the five-year maximize the leveraging period. of these dollars and provide documentation. Page 26 2010 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts { t I - - - fL- 1 _ Minority - ; Concentration ' _T_ % by Census Tracts -~LF_ - i' r r { 1.1-f r~ 0 - 25% it 1 +25%-30% T. _ 1 - +31%-40% 5 i +41%-50% +50% - 100% Source: U.S.2000 Census - lJ 4 a 2010 Projects and Activities 1. Denton Citv County Dav School* 6. Quakertown Park ADA Accessible Sidewalk 2. Family Health Care* Project 3. Fred Moore Day Nursery, Inc.* 3. Ruth Street Sanitary Sewer Line Replacement 4. Health Services of North Texas* 7. Denia Summer Program* 5. Mack Park Shelter Project 8. MLK Summer Program* 8. MLK Center ADA Accessible Parking Community-Wide Activities CDBG and HOME Administration Home Improvement Program Children's Advocacv Center of Denton County Minor Repair Program Denton Affordable Housing Corp. - Rental HOPE, Inc. Homebuvers Assistance Program Services Program for Aging Needs, Inc Geographic distribution of projects is based on citizen, service provider and City staff input regarding significant needs in the low-income community, specifically in regard to public facility improvements. Home Improvement Program activities are limited to low-income areas that are zoned residential. This is to ensure that substantial amounts of funding are not expended on housing in areas zoned commercial or industrial, where the zoning transition in the near future, would no longer allow residential development. *Public service activity locations are provided on the above map, however, services provided by each of the organizations is available to low and moderate-income households throughout the Denton community. Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This anlount includes all investment that enables the family to purchase the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the anlount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG and General Funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff Page 28 For the HOME program, a similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the help of the Community Development staff monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual basis to ensure that all HOME requirements are met. Also, the only rental project not fielded through the local CHDO, is a project that provides transitional housing and services for single-parent fanulies. This organization is also monitored annually including a review of the client files for income information. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The housing rehabilitation staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and proj ects. PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2010-2014 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coalition and HOPE, Inc. to expand the network of organizations participating in HAWS. Page 29 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless developed the following steps during the 2010-2014 Consolidated Plan process to address chronic homeless. These steps are reaffirmed during the 2010/11 program year. The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The DCHC point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. Page '10 The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. HOME PROGRAM - MINORITY OUTREACH PROGRAM To ensure employment and business opportunities for minority businesses the City of Denton will continue to carry out and support the following activities during the program year. 1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce refer building contractors to the Community Development office to apply to be added to the active contractors bid list. 2. Will request that general contractors on CDBG and HOME-funded capital projects give preference to hiring minority or women subcontractors and employees as well as include this wording in construction contracts. 3. City of Denton's legal advertisement for bids will include the equal employment statement and encourage minority participation 4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in Denton informing them about the programs, the assistance and contracting opportunities that are available. 5. City of Denton will continue to attend the Small Business Development Breakfast on a monthly basis. 6. City of Denton will continue to comply with all State bidding requirements for Historically Underutilized Businesses (HUB) 7. City staff will also perform debarment reviews to ensure that no previously debarred contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local cable channel in search for contractors and will encourage participation by minority contractors. Page 31 Spanish Public Hearing Notes December 3, 2009 Martin Luther King Jr. Recreation Center No attendees were present at the public hearing on December 3, 2009. Public Hearing Notes December 7, 2009 MLK Recreation Center Staff reviewed activities from the past year and stated that the City's complete year-end report, the Consolidated Annual Performance and Evaluation Report (CAPER), was available on the City's website. Staff also reviewed the various activities that are eligible under both the Community Development Block Grant Program and the Home Investment Partnership Program. Below is a list of comments including projects and programs that attendees suggested might be funded with Federal CDBG or HOME dollars. 1. It was noted that the trees in the median of University Dr/380 near the Bonnie Brae intersection had been taken down during construction. Residents commented that they would like to see these trees replaced. Staff indicated that this project would not be eligible due to the fact that University Drive does not serve a specific low to moderate-income neighborhood which is a requirement of the Federal programs. 2. Residents from the North University Place Addition (Amherst, Dartmouth, Tulane streets, etc) indicated that there was a need for sidewalks in the neighborhood. Staff has checked the low/mod status of the neighborhood and determined that the area is only 27% low/mod. Public facility improvements would be an ineligible activity in this neighborhood. 3. A Southeast Denton resident commented that sidewalks were needed on Hill Street. Children often walk to school down this street. 4. It was noted that the areas along Oakland Street, where it leads to the Emily Fowler Library, and Withers Street both need sidewalks. A stop sign is also needed at Withers and Oakland. The comment was that this area was unsafe, especially for families with children. 5. Another participant added that a fence was needed around the playground/park area at the northwest corner of Quakertown Park. The resident and others in attendance agreed that the Page 32 cars moving through the area, along with the cars parked on the street, made this playground area unsafe for small children. 6. It was noted that pedestrians have a difficult time crossing University Drive. A resident also stated that crosswalks and traffic controls need to be set up to allow for safe crossing by bicyclists and pedestrians. The intersections at Fulton, Malone, Alice, Bonnie Brae and Carroll were specifically mentioned. Staff indicated that they would talk with the Transportation staff regarding the issues on University and ask what actions, if any, could be taken. 7. An individual asked how funds could be used for historic preservation. Staff responded that the City's housing programs can use the funds to preserve the historic characteristics of certain structures. Also, commercial buildings could be preserved and if the business that owned or would use the building would create jobs for low/mod persons. This would meet the Federal requirements. Also, improvement to low/mod neighborhoods through historic preservation could, in some instances, be eligible. 8. It was noted by a participant that UNT students had begun an organization called "Seeds of Change." The organization provides food to the homeless each weekend in Quakertown Park. He commented that perhaps the organization might request Federal funds to continue and expand the program. Staff suggested that organization might consider partnering with another organization that currently carries out similar services. 9. Individuals representing Communities In Schools discussed the needs that are met by the organization and how they've assisted families with children in local schools. Only four schools receive services at this time. It was noted that an additional five schools in Denton ISD would probably qualify if funding were available. They suggested that more funding be provided to the Communities in Schools. 10. An individual stated that he is interested in funds for small business loans. He commented that funding should be available for small businesses to purchase a land and/or buildings. Staff noted that a previous small business loan program began due to the efforts of the Chamber's Small Business Development Center. Staff suggested that he may want to contact the SBDC to see if they are aware of any business loans available for this purpose. 11. One participant asked for the names of the Community Development Advisory Committee members. Staff indicated that they would send her the committee roster. Page 33 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross Ron Aldridge, chairperson, called the meeting to order. He asked if any members had questions regarding any of the applications submitted for review. Ray Jordan asked about the administration budget of 20% from CDBG and 10% from HOME and how it was determined what costs would be paid from those funds. Herbert Holl asked what other administration costs were included in the budget besides personnel costs. Mr. Jordan added that it would appear that the administrative costs of some of the programs were understated if a significant portion of the personnel and other costs came from the administration budget. Ms. Ross indicated that she would bring the committee a copy of the administration budget. She indicated that it does primarily pay salaries. Since CDBG funds have been decreasing over the past few years and the CD staff has significant longevity, which means they are at the top of their pay range, CD had to downsize and did not hire a staff member to replace the Housing Programs Specialist when she moved to a higher level position. Ms. Ross stated that she would provide the committee with a copy of the administration budget. Mr. Aldridge asked if there were any questions on the funding summary. There were no questions from the CDAC. Mr. Aldridge asked Ms. Ross to explain the tax credit application request. Ms. Ross explained that two organizations that did not attend the mandatory application training had asked for approval to submit an application for funding. Ms. Ross informed them that they did not meet the submission requirements because they did not have a representative attend the mandatory application training. She explained to the requesting organizations that it would be up to the Community Development Advisory Committee to determine if they wanted to allow official submission and review the applications. Herbert Holl made a motion to accept the applications. Mr. Aldridge asked if there was any discussion. Lisa Melby asked if the two organizations were on the list to be notified. Mr. Holl asked how the committee felt about the projects. Ms. Ross stated that this would be something to discuss if the applications were reviewed but the committee first had to decide whether to accept the applications. Mr. Aldridge stated that what they were looking at would be an "exception policy." Gerard Hudspeth asked about the Housing Tax Credit program. Ms. Ross explained how developers use the tax credits to support affordable housing projects. Mr. Aldridge asked for the vote. Eight members voted against allowing submission of the applications. Dorothy Watts abstained due to her absence during most of the discussion. Minor Repair Program Gordon Meredith gave a history of the City's Minor Repair Program. He stated that staff divides the available funding up so that money is available for repairs each quarter. The entire city is served by the program. Mr. Meredith noted that the income level for the MRP is 65% of median Page 34 or below which is a little lower than the City's Home Improvement or Homebuyer Assistance programs. Mr. Holl asked if the quarterly division of funding was strict. Mr. Meredith stated that funds from an upcoming quarter could be used if there were an emergency. Ms. Ross added that residual funding from other projects could be used if needed. Home Improvement Program Nancy Baker presented the request for funding for the City's Home Improvement Program. She stated that if funded at the requested level, staff planned to complete two reconstructs and six rehabilitations in the coming year. Staff completed six projects during the past year. Ms. Winn asked about the expected surplus and Ms. Baker indicated that she was correct, the $275,000 was the expected funding that would be left over in the current budget. Ms. Winn also suggested that CO2 alarms be included as part of any future rehabilitations or reconstructions. Ms. Baker indicated that this could be done. Mr. Jordan asked about the administration expenditures and how they amount of funding it takes to administer the program might be misconstrued. Ms. Ross explained that Ms. Baker carries out other activities besides this program and that the salary dollars that come from the CDBG/HOME administrative caps pay for those other activities as well as time spend on HIP. She added that staff could pull the time sheets and come up with a monthly average of time spent on HIP to give the committee a better administrative cost estimate. Mr. Hudspeth asked how the Minor Repair Program did with the funding they received in the past year. Mr. Meredith stated that they did have some funding left. He added that they assist approximately 30 households per year. Mr. Meredith commented that he felt the City was getting better quotes due to the recession. Ms. Ross also commented that new contractors were asking to participate in the programs. Cathy Tedrick asked if the funding committed to the programs is moved forward on an annual basis. Ms. Baker indicated that it does move forward. She also pointed out that the program slow down during the past year was due to a reduction in staff. HIP is going to be using an architect to assist with project development which should increase the number of units completed on an annual basis. Homebuyer Assistance Program Luisa Rodriguez-Garcia presented the request for the City's Homebuyer Assistance Program. She noted that funds were not requested the previous year due to the reduction in home purchases. However, she stated she has seen an increase in applications over the last six months. Also, previously, lenders were using other programs to assist their clients. This was often done because the City's HAP required that loan to income ratios are such that the homebuyer can actually afford the unit. Other programs did not have the same requirement. Ms. Rodriguez-Garcia stated that staff is asking for $250,000 for the program. Some of the funding will be used to complete non-FHA required repairs. This will assist in making housing units affordable and delay any major homeowner maintenance costs for at least five years. She stated that in the past, the City used Denton County Housing Finance Corporation and Federal Home Loan Bank funding for this purpose. Staff will continue to try to access these funds but will also use Federal CDBG and/or HOME if needed. CDAC members had various questions. Mr. Jordan asked if the repairs would increase the value of the home causing the sales price to go up. Mr. Rodriguez-Garcia indicated that the additional Page 3 5 repairs would be made after the unit was purchased. Mr. Hudspeth asked if staff was setting aside a specific amount for repairs or whether this would be open-ended. Ms. Rodriguez-Garcia said it would be about five units with no more than $5,000 each being spent on repairs. Mr. Holl asked about the program's default rate. Ms. Rodriguez-Garcia responded that it had been very low - only two buyers in the past year. Ms. Winn asked what about the average amount of assistance per homebuyer. Ms. Rodriguez-Garcia stated it was about $10,000. Ms. Watts noted that the racial/ethnic make-up of those assisted appeared to be somewhat disproportionate. She asked how the program was advertised. Ms. Rodriguez-Garcia stated that information is provided to the Board of Realtors and local lenders. Also, it is included in the "Monthly Housing Guide" that comes out in the Denton Record-Chronicle. Information is included in the CD Newsletter that goes out to neighborhood groups, churches and social service agencies. Ms. Rodriguez-Garcia stated that staff would attempt to expand marketing efforts, including providing information at the various community activities. Ms. Tedrick asked if the program used any particular lenders. Ms. Rodriguez-Garcia replied that lenders must attend training and agree to participate in the program. Mr. Hudspeth suggested that staff look at the individual households that inquire about the program or complete an application but do not receive assistance. This would give staff a better idea of the groups that might benefit from additional marketing efforts. Fairoaks Improvements Glenda Blackwell, Kathy Beightol and Barbara Burgin presented the Fairoaks funding request. Ms. Blackwell stated that they were requesting funds to install a new phone system that would allow residents to make emergency calls if needed, anywhere on the premises. This would help the senior residents to feel more secure. It was also noted that they are requesting funding for a Wi program to promote more exercise activities. Also, funding is requested to build a pavilion for resident's social and exercise activities. Ms. Beightol stated that they also receive funds from the Neighbor to Neighbor program at Kroger and other local sources. Barbara Burgin and Ms. Beightol discussed the Master Gardner program and how much the residents enjoyed the program. Additional information was requested from the presenters. Ms. Winn asked if they took advantage of the "free tree" program. Ms. Burgin indicated that they did and that they have planted quite a few trees on the property. Ms. Ross asked if the Wi equipment was installed or plugged in. Ms. Blackwell indicated that it would be plugged in rather than installed. Ms. Winn asked about the director's and service coordinator's part-time status. Ms. Blackwell explained that they work at several complexes managed by Plano Community Homes. Ms. Ross indicated that they would need the salary ranges for the PCH staff Mr. Holl asked about the "monitoring fee." It was suggested that Fairoaks staff check to see if the first monitoring fee was included in the installation cost. Mr. Jordan suggested that they prioritize their list of requests. Ms. Blackwell stated that the alarm system was their first priority. Ms. Beightol stated that the residents would probably put the pavilion at the top of the list. Ms. Tedrick asked if Fairoaks could require residents to wear the alarm pendants. Fairoaks representative said that they could not but that the residents were in support of the system so most would probably agree to wear the pendants. Ms. Tedrick asked about the SW corner location of the pavilion. Ms. Beightol stated that this area had the most shade trees. Mr. Hudspeth suggested that they use a local contractor and asked for the ethnic breakdown of the residents. Committee members asked what other funding was available to support these projects. Ms. Beightol stated that she would check on the availability of other funding. Ms. Tedrick noted that the budget indicates that Fairoaks has a deficit and asked how they planned to reverse that trend. Ms. Blackwell stated that the deficit Page '16 was due to funds from Fairoaks being used to support Fairhaven and that this is no longer the case. Documentation was requested by the committee. Ms. Melby indicated that the financial issues were probably due to Fairhaven. She noted that Fairoaks, a HUD-supported complex has always been full. Mr. Jordan suggested that they provide a profit and loss statement for the committee. Members continued to discuss the requests presented by Fairoaks and whether the Wi and alarm system were items that the organization might be able to pay for from other sources. Ms. Melby indicated that she was supportive of funding the alarm system. Ms. Benavides stated that perhaps the committee could provide some funding and Fairoaks could provide the rest. Mr. Aldridge suggested that the committee consider funding of the pavilion and the alarm system but not the Wi equipment. Members agreed to set the next meeting at 11:00 am on February 22"d The meeting was adj ourned. Page 3 7 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 22, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Members absent: Gerard Hudspeth Staff present: Barbara Ross Ron Aldridge called the meeting to order and stated that the committee needed to elect a chair and vice-chair. He asked for nominations. Herbert Holl nominated Ron Aldridge as chair. Dorothy Watts seconded the motion. The vote was unanimous, Ron Aldridge was elected CDAC chair. LaNelle Winn nominated Lisa Melby as vice chair. Ray Jordan seconded the motion. The members voted unanimously that Lisa Melby continue as CDAC vice-chair. Ray Jordan asked about whether the City would pay for re-occurring costs for an organization and whether that would be considered by the Community Development Advisory Committee (CDAC) or the Human Services Advisory Committee (HSAC). Members discussed costs associated with the Fairoaks alarm system. Ms. Ross indicated that if the alarm system were "installed" it would come through CDAC. However, payment of costs associated with the alarm system would be considered a "public service" and HSAC would consider that program. Denton City County Day School Improvements Eddie Garcia, Executive Director, gave the presentation for Denton City County Day School. Mr. Garcia invited the committee members to visit the school. He stated that they may serve low-income families but, they don't have to look low care. He stated that they have good compliance reports from the State when they are inspected. They offer their teachers the training that they need to do their jobs well. Mr. Garcia noted that other daycares even come to take a look at the facility. Mr. Holl asked what about the ratio of applicants to those accepted. Mr. Garcia stated that they tend to have more requests for service than they have spaces. Recently, they were able to take 36 children because some parents had lost their jobs and no longer needed to send their children to day care. They keep a waiting list but no one is currently waiting for service. Mr. Garcia noted that they take children that are two years old and potty-trained. He stated that their sliding scale fee goes from $60 per month to $88 per month. Most parents currently pay $60 per month and it doesn't go very far in paying the costs associated with providing the service. Ms. Ross asked about a comment Mr. Garcia had made regarding competition with other providers. She asked if they competed against for-profit day cares. Mr. Garcia explained that they accept Child Care Services funding from the State for some clients. He noted that some of the for-profit day cares also accept families that are accessing this funding for child care. So, there is some competition. Mr. Jordan asked how they differentiate themselves from Fred Moore Day Nursery. Mr. Garcia stated that if you look at the State reports, you will see a difference in the number of violations each agency has. Ms. Tedrick asked about the difference in the population served. Mr. Garcia Page 3 8 indicated that Fred Moore serves more African Americans, possibly due to the neighborhood in which they're located. Mr. Jordan asked if there was a difference in services. Mr. Garcia responded that Fred Moore provides infant care. Mr. Garcia was asked about the funding he received in 2009 and whether those funds had been spent. He indicated that the roof had been done and they are working on the other improvements. He stated because the children were in the facility during the week, he had to find contractors that would work on the weekend and that was sometimes difficult. Mr. Jordan indicated that the City had provided over $180,000 for improvements and repairs to the facility. He asked when these improvements/repairs would become part of the agency's operating expenses. Mr. Garcia responded that they were rent-free but, because they charge the families so little, they would probably have to continue to ask for funding to upgrade the facility. They also get assistance from the Denton Benefit League. Ms. Tedrick asked about funding from other organizations and Mr. Garcia gave a listing of the organization from which they request funding. Members had some additional questions. Ms. Melby asked if the lighting and water heaters couldn't be provided by other programs. Mr. Garcia indicated that some programs are too specific regarding how the funding has to be spent. Ms. Winn asked if the rates were per family or individual child. Mr. Garcia stated that the rates were per child and had to be that way to support the services provided. Ms. Tedrick asked about the canopies and if the organization had a reserve. Mr. Garcia responded that the canopies were similar to those out at James Woods and that they had a three month reserve. Ms. Ross asked about placing a lien to protect the City's investment. Mr. Garcia indicated that this could be done. Fred Moore DU Nursery School Jason Adamson, president of the Fred Moore board of directors, introduced himself. Carol Rowley, treasurer, also introduced herself Mr. Adamson explained the work included in the "first phase" and the "second phase" of the Fred Moore renovation. Mr. Holl asked if this was a capital campaign or a "pay as you go." Mr. Adamson indicated that they were requesting funds from several sources including the Speedway and the Meadows Foundation. He noted that Fred Moore had to give up previous money allocated by the City and the Meadows Foundation due to agency financial issues. Mr. Adamson noted that board members and parent volunteers had worked on the playgrounds to make sure they were safe and in good condition. Ms. Tedrick asked if they had received funds from the Meadows Foundation in the past. Ms. Rowley responded that they have received these funds for operations not for capital improvements. Ms. Winn asked some questions regarding the type of roof that would be installed. Mr. Adamson stated that attachment D had this information. Ms. Winn also asked about the energy efficient ratings on the work that is going to be done and also suggested that they make sure that the electrical work allows for the use of computers as needed. Mr. Adamson discussed the facility's use of computers and the purpose of the electrical upgrade. Ms. Ross asked if the school district still "owned" the property and would it be possible for the City to place a lien on the property. Mr. Adamson and Ms. Rowley explained that Fred Moore Day Nursery School had control of the property as long as the use did not change. They have Page '19 considered asking the school district for a warranty deed and agreed that this could be requested from the district. Mr. Jordan commended the Board on their efforts to turn the school around. Ms. Tedrick asked about the new executive director. Mr. Adamson indicated that Alonzo Peterson, the new ED was not feeling well today or he would have been at the meeting. He noted that Mr. Peterson had previously been with MADD and The Bridge and had some good experience providing needed services. Ms. Ross asked about recent correspondence from the IRS. Ms. Rowley assured the CDAC that all payroll taxes have been paid by Fred Moore. She was now working to pay a penalty due to late filing but felt that this would only be about $600. Ms. Tedrick asked about their reserves. It was indicated that the organization intended to begin building a reserve fund. Denton Affordable Housing Corporation Rental Improvements Program Jane Burda Provo, executive director, presented DAHC's request for funding. She stated that last year DAHC requested funding for improvements to their rental properties. They want the properties to last and be welcome in their respective neighborhoods. DAHC has attempted to spread their rental units around and not put them all in one neighborhood. Ms. Provo requested assistance to renovate eight units. She provided the committee with information on the other organizations and programs that DAHC works with. Ms. Provo stated that DAHC is requesting for $20,000 for operating funds and $67,000 for rental unit Improvements. Ms. Winn asked if the units were in priority order. Ms. Provo stated that they were not. She added that if the City was not able to fund the full amount, they would take something from each unit. Ms. Winn also asked about the bathtubs and Ms. Provo explained about how they will be "re-enameled." Ms. Tedrick asked if the agencies that DAHC worked with are responsible when their clients damage a unit. Ms. Provo responded that MHMR had some crews that do routine things but that is the only time the agencies are involved in any maintenance. The committee and staff had several additional questions: • Ms. Ross asked about any matching funds that might come from these projects. Ms. Provo stated that there might be some Denton County Housing Finance Corporation funding that would also be used for rental improvements and could be used as match. • Ms. Tedrick asked how many units DAHC managed. Ms. Provo stated that they own and manage 80 units. • Mr. Jordan asked about the length of a lease with MHMR clients. Ms. Provo stated that they renew leases annually. • Ms. Watts asked about whether they wanted to redirect the use of their 2008 funding that has not yet been spent. Ms. Provo responded that they want to redirect their remaining 2006 and 2007 funding to rental improvements but would leave the 2008 for the Affordable Housing Opportunity Program (AHOP). This would be an additional $187,000 for rental improvements. Page 40 • Ms. Tedrick asked if the organization had any "reserves" to repair rental properties or if they plan to sell their older properties. Ms. Provo stated that they do have some reserves but that they often use it so there is not much left. Mr. Provo also indicated that DAHC does not plan to sell their older properties. Mr. Jordan noted that it appeared they were requesting funds when they are not needed. Ms. Provo and Ms. Ross explained the HOME program requirement that 15% of all non- administrative funding be provided to a Community Housing Development Organization (CHDO) for projects and programs. Ms. Ross asked that if home buying is on the rise, shouldn't the AHOP program be continued. Ms. Provo noted that they would be keeping the 2008 funding to continue the AHOP. Park and Recreation Projects - Mack Park Shelter, MLK ADA Parking, Quakertown Park Sidewalks Bob Tickner, PARR, reviewed the requests for funding. He stated that the Quakertown sidewalks project was the result of comments at the public hearings. Mr. Tickner stated that a City Council member had requested funding for the accessible parking at MLK. He described the project. Mr. Jordan asked how this project met the low-income requirement. Mr. Tickner showed the committee the service area and indicated that it was a low to moderate-income area. Members discussed the surrounding area including the student population and families that could potentially use the sidewalks. Ms. Tedrick asked Mr. Tickner how he would rank the projects. He indicated that Mack Park is needed and that they would eventually have to deal with the accessible parking situation at MLK. Some capital improvement funds might be available to help with the Quakertown sidewalks if they were only partially funded. Engineering - Sewer, Water and Sidewalk Projects Becky Guthrie, Engineering Department, handed out a correction to the funding requested for the various sewer, water line and sidewalk projects. She reviewed each project and indicated that the funding reduction on some projects was due to some work that they were doing now. This work will reduce the size, and therefore the cost, of some of the proposed sewer projects. Ms. Guthrie noted that the sidewalk projects were also submitted last year. There were a few questions for Ms. Guthrie. Mr. Holl asked how much the reduction was. Ms. Guthrie responded that it was about $180,000 less. Ms. Ross asked if the projects were prioritized. Ms. Guthrie indicated that they were in priority order. Mr. Holl asked what funds were used for other capital improvement projects. Ms. Guthrie responded that they were usually funded by revenue or utility bonds. Mr. Holl explained that these projects could also be funded with those sources but the use of Federal funds adds to what they are already have available to build. Mr. Holl then asked about a $21,000 proj ect that was included in the application. Ms. Guthrie stated that the project was included in the Egan Street total. The committee members and Ms. Ross discussed the date and time of the next meeting. It was agreed that the committee would meet at noon, Monday, March 1st to develop recommendations to the City Council regarding which projects should be funded for the 2010-2011 program year. The meeting was adjourned. Page 41 OFFICIAL MINUTES Community Development Advisory Committee Minutes March 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross, Angel Delgado Ron Aldridge, chairperson, called the meeting to order. He asked if there were any questions regarding the minutes from February 1st and February 22"d Cathy Tedrick moved that the both sets of minutes be approved as written. Sandra Benavides seconded the motion. The motion was unanimously approved. Barbara Ross provided information regarding Fairoaks. She stated that currently there is some confusion regarding ownership. Plano Community Homes (PCH) manages the complex but, there is no longer an active Fairoaks and Fairhaven Board of Directors. Ms. Ross stated that Lee Ann Hubanks of Plano Community Homes is waiting on the US Department of Housing and Urban Development to determine whether the ownership of the property can be transferred to PCH. Ms. Ross added that she had explained to Ms. Hubanks that she was going to recommend that the activity not be funded until the ownership issue was settled. Members discussed the risks of funding a project where the non-profit did not have a decision-making body in place. Mr. Aldridge suggested that the committee not fund the project. LaNelle Winn made a motion that the CDAC would not recommend funding of the Fairoaks Improvement Project. Ray Jordan seconded the motion. The motion was approved 8 to 0 with one abstention by Herbert Holl. Members reviewed the Funding Recommendations Chart and discussed each of the activities and suggested funding amounts: • It was agreed that Denton Affordable Housing Corporation would received the required 15% CHDO cap of $87,386. • Members discussed the Denton City County Day Care request. Lisa Melby suggested that they remove some work items that had been installed recently. Ray Jordan indicated that he felt the canopy was not a necessity. Ms. Melby stated that the canopy was needed. Ms. Tedrick stated that the exterior lights were needed for security. Mr. Hudspeth commented that the facility was not used at night. Ms. Benavides and Ms. Winn felt that the lights are necessary for safety. Mr. Holl indicated that he thought all items in Phase I should be funded but would agree to take out the restroom sinks and cabinets. Members agreed to fund the water heaters, resource room, exterior lights and the canopy. • During the discussion of the Fred Moore requests, members brought up ownership of the property. Ms. Ross stated that she would request that the Fred Moore Board talk with Denton ISD regarding issuance of a warranty deed to give Fred Moore possession of the property. This would allow the City to place a five-year lien on the property to protect the City's investment of CDBG funding. Ms. Ross explained that the CDBG funds required Page 42 that the program continue for at least five years after facility improvements or longer if higher levels of funding are allocated. Members looked at the "Phase One" improvements. They agreed that roof repair, HVAC, door and window replacements were the top projects. Later members agreed that the plumbing, electrical and entry refraining should also be recommended for funding. • Parks requests were discussed. Ms. Winn stated that she felt the Mack Park shelter was a priority. Ms. Benavides noted that the park was used for the summer meals program and that many children from low-income families are served by the program. Mr. Holl noted that both the shelter and the Quakertown sidewalks had a significant service area because if you are able to access the park, you can also access the facility. Mr. Ross noted that the Quakertown sidewalks were brought up at the public hearing as a need for those walking in the area to schools, the park, etc. Mr. Hudspeth asked about the MLK Center's accessibility. Members discussed the facility and the need for the accessibility improvements. It was agreed, at this point in the discussion, to include all three projects in the recommendations. • The Home Improvement Program was discussed briefly. Members asked Ms. Ross if costs were increasing. Ms. Ross indicated that even with the economic slowdown, construction costs were increasing on the homeowner rehabilitations and reconstructions. She noted that CDBG and HOME were currently the only City funds used for housing programs. • Engineering requests were reviewed. Members discussed which projects - sewer, water or sidewalk - were most important. It was noted by Dorothy Watts that if the sewer is damaged or not working properly, it could cause residents major problems. It was noted that the projects were submitted in priority order. Members agreed to try to allocate funding to complete both phases of the Ruth Street project. • Mr. Jordan stated that he felt the Minor Repair Program was a priority. • Members asked about the Homebuyer Assistance Program and whether families were purchasing homes. Ms. Ross said the program has picked up significantly in the last two to three months. Possibly due to the tax credit program. Members agreed to recommend full funding to the Home Improvement, Homebuyer Assistance and Minor Repair programs. Since Parks staff had indicated that there might be some sidewalk funding available to assist with the Quakertown sidewalks, members agreed to recommend partial funding. Members reviewed the funding recommendation sheet prepared by Angel Delgado. Herbert Holl made a motion to accept the recommendations as discussed, Lisa Melby seconded the motion. The motion was approved unanimously. Mr. Aldridge thanked the members for their service. The meeting was adjourned. Page 43 UN-OFFICIAL MINUTES Community Development Advisory Committee Minutes April 5, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, Members absent: Gerard Hudspeth and LaNelle Winn Staff present: Barbara Ross Ron Aldridge, CDAC chair, called the meeting to order. He asked if there were any corrections or additions to the minutes of March 1st. Barbara Ross noted an error in the second paragraph and stated that she had made the correction. The minutes were approved as corrected. Mr. Aldridge moved to the second agenda item which was the request by Denton Affordable Housing Corporation to change the use of their remaining 2006 and 2007 funding allocations from the Affordable Housing Opportunity Program (AHOP), to rehabilitation of their affordable rental units. Herbert Holl stated that for the purposes of discussion, he would move to approve the request from DAHC. Sandra Benavides seconded the motion. Ms. Ross stated that Gerard Hudspeth, who was not able to attend the meeting, suggested that the funding be provided to another organization. Lisa Melby asked if the funding could be given to another project or organization since DAHC had not been able to spend the allocation in a timely manner. Ms. Ross reminded members that at least 15% of each annual HOME allocation was required to be provided to Community Housing Development Organizations (CHDOs). DAHC is the only CHDO that has been certified by the City of Denton. She added that DAHC had received more than the required 15% so some of the funds could be reallocated, but the 15% could not. Ms. Benavides stated that she was reviewing the 2010 request from DAHC for funding to renovate rental units. Ms. Benavides commented that she went out and looked at the units to be renovated. It appeared that the units did not need some of the improvements that were included in the recent funding request. She specifically mentioned the siding, window screens and rain gutters as items that, when she looked at the units, didn't appear to be needed. The items were already in place or the unit was brick and therefore wouldn't require siding. Ms. Ross told the members that Community Development staff would go out and inspect the units prior to the start of construction to ensure that the repairs were needed. Mr. Holl asked what the ramifications of either decision would be. He asked if the funding would have to be returned to HUD. Ms. Ross indicated that any of the 15% CHDO allocation that was not spent would go back to HUD. She also noted that there are commitment and expenditure requirements for the HOME program. If these are not met, the City could lose the funding. Ray Jordan commented that the funding was originally requested and allocated to a homebuyer program, but that this would be a totally different use of funds. Ms. Ross noted that staff would have to monitor the rental units for about ten years. This is why, in the past, they have tried to stay away from rental programs. Mr. Jordan asked about the increase in administrative costs that Page 44 would result from the additional monitoring by staff. Ms. Ross responded that it would certainly take more staff time than the AHOP, but, that there would be no additional administration funding. Staff would just have to add in the additional work. HOME allows 10% for program administration and that is what CD uses to pay personnel costs associated with HOME program activities. Mr. Holl asked how DAHC would handle the need for repairs to these units if the funding was not reallocated. Ms. Ross responded that she wasn't sure but, that they would probably look for funding elsewhere. DAHC would have to make some repairs immediately and would probably just do the worst-case units first. She added that another reason DAHC is requesting the reallocation, is to spend the funds more quickly. Mr. Jordan asked for more detail regarding how they planned to use the funding. Ms. Ross indicated that staff could get this information from DAHC. Ms. Ross noted that DAHC has received high marks from HUD officials that have monitored the agency. Mr. Aldridge called for the vote. Four members voted in favor of the reallocation of funds to the rental unit improvements. Three members opposed the reallocation. The request for reallocation of funding was approved. Ms. Aldridge asked Ms. Ross to explain the final agenda item - the additional funding to be allocated. Ms. Ross stated that the City had received official notification from HUD regarding the 2010-2011 CDBG and HOME allocations. The actual allocations differ from staff estimates. The CDBG allocation is approximately $34,000 more and the HOME allocation is about $4,000 less. After subtracting the 15% set aside for human services, determining the appropriate administration percentages, and substituting CDBG funds for the decrease in HOME funding, there is an additional $18,170 in CDBG to be allocated. Ms. Ross also stated that LaNell Winn, who was not available to attend the meeting, said that she would like to see additional housing improvements funded. Mr. Aldridge pointed out that all the housing programs had received full funding. Members discussed the Quakertown Sidewalk project that previously had not received full funding. Cathy Tedrick moved that the additional funding be allocated to the sidewalk project. Ms. Melby seconded the motion. The motion was approved unanimously. Members briefly discussed setting up sub-committees during the next funding cycle. Each subcommittee would be responsible for actually going to the various project sites to help determine the level of need for the project. Members agreed that it would help the committee members to have more confidence in their recommendations. The meeting was adjourned. Page 45 OFFICIAL MINUTES Approved by Committee 2/4/2010 Human Service Advisory Committee Meeting November 5, 2009 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Dr. Richard Stream and Mary Ann McDuff Members Not Present: Barbara Brown, Jan Hillman, Angie Jester and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Meeting was called to order and staff welcomed members and asked the members to introduce themselves and state how long they had participated on the committee. Ms. Espino asked for nominations for chair and vice chair. Ms. McDuff nominated Steve Pogue for chair. Dr. Stream seconded the motion. Mr. Pogue was elected by acclamation. Steve Pogue nominated Mary Ann McDuff for vice chair. Dr. Stream seconded the motion. Ms. McDuff was elected by acclamation. Chair Steve Pogue asked staff to provide HSAC funding history. Ms. Espino discussed funding history and CDBG and general funds. Ms. Ross added that funding had changed in 2005-06 fiscal year, when the city had changed to funding per $1 per capita method as other cities in the area. Mr. Pogue added some of the history of the Human Services Advisory Committee. He added that most of the agencies funded were only asking for a small portion of their total budgets, but that the funds assisted the agency in receiving other funds. Dr. Stream mentioned regarding the possibilities of touring some of the agencies. Ms. Espino stated that this had been mentioned previously and that the agencies welcomed a visit and all a member had to do was to call an appointment to tour the facility. It was agreed that Ms. Espino would contact the agencies to let them know about a possible visit from members. Members discussed the Human Services Advisory Committee (HSAC) procedures, application, assessment tool, and hearing format. Ms. Espino advised the committee regarding application training for agencies planning to apply for 2010-11 Human Services funds. Application would be made available to the agencies in November and would be due January 18, 2010. Staff would make the applications available to the committee via binders or via flash drive. Staff will contact committee to determine what is preferred. Ms. McDuff mentioned that another committee member had a concern that they could not highlight areas on the application. Ms. Espino stated that the flash drive would provide the applications in PDF format and committee members could bring their laptops to the meetings. Committee had no changes to the application or assessment tool. Staff reviewed last year's agency hearing format. The committee members agreed that the format had worked well. The committee was in agreement with the format as follows: 1) Presentations will be 5- minutes long for organizations to present relevant agency and funding facts not included in the application, 2) Committee members will ask questions for up to five minutes, 3) No more than two representatives are asked to appear and should bring a copy of their application for reference, 4) Organizations are requested to arrive 30 minutes ahead of schedule, 5) additional handouts are not required at the presentations. If handouts are desired by the organizations for the presentations, Page 46 applicants are requested to forward them via e-mail to staff or leave them for the HSAC to review after the presentations. The HSAC requests that handouts not be distributed during the presentations. The following meeting dates were selected: Application Workshop Sessions, Start Time 9 a.m. Thursday, December, 3, 2009 Friday, December 4, 2009 *One workshop session is mandatory for organizations wishing to submit an application. HSAC Application Presentations, Start Time: 6 PM Thursday, February 4, 2010 Thursday, February 18, 2010 HSAC Funding Recommendation Meeting, Start Time: 6 PM Thursday, February 25, 2010 HSAC Tentative Meeting, Start Time: 6 PM Thursday, March 11, 2010 The meeting was adjourned at 7 p.m. Page 47 OFFICIAL MINUTES Approved by Committee 2/18/2010 Human Service Advisory Committee Meeting February 4, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman and Mari Metzgar Members Not Present: Dr. Richard Stream, Mary Anne McDuff and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and members were asked to introduce themselves. City of Denton Handbook for Boards, Commissions and Council Committees Alma Espino handed out the handbook and provided a brief explanation for the handbook. Approval of Minutes from November 5, 2009 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from November 5, 2009. Megan Stoker seconded the motion. The minutes were approved as written. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY The committee discussed the People's Clinic remaining funding for the 2009-10 FY. Ms. Espino explained the City currently has a funding agreement with the People's Clinic. They have a significant amount of funding that has not been spent and their board has voted to dissolve the non-profit. Health Services of North Texas (formerly AIDS Services of North Texas) has agreed to take their assets and continue to provide health services to the indigent population. The committee's recommendation would allow People's Clinic remaining funds, of $11,170.49, to be reallocated to Health Services of North Texas. The funds will be utilized for the same purpose as stated in the People's Clinic's contract. The committee decided to hold off taking a vote until Health Services of North Texas made their presentations and they could ask some questions about this request. Discussion of Human Services Applications Committee members asked why no new applicants had applied. Ms. Espino explained that three mandatory application trainings were held and there had not been many new agencies. She had spoken to several and had advised them that the application process was competitive and the general requirements to apply. Ms. Behrens asked how agencies report throughout the year. Ms. Espino stated that funded agencies are reimbursed on a monthly or quarterly basis. Backup for the request must be provided. Agencies are required to provide a cost allocation plan, proof of insurance coverage, monthly financial reports, minutes and agendas for board meetings. They also provide quarterly beneficiary reports, performance reports, and proof of payroll tax payments. Agencies are desk monitored and based on certain risk factors, will determine whether a site monitoring visit is needed. In 2009, Denton City- County Day School, Health Services of North Texas (formerly AIDS Services of North Texas), Family Health Care, Denton County Friends of the Family, SPAN, Inc. and Fred Moore Nursery School were monitored on site. Only one monitoring visit is still ongoing. Page 48 2010-2011 Human Services Applicant Presentations: Denton City County Day School Eddie Garcia, Executive Director, introduced himself and introduced Jack Carlisle, board member with over 20 years on the board. He provided a brief history of the day care and the facility. Mr. Garcia stated that the school serves 50+ low to moderate income families. DCCDS not only provides a safe and positive environment for children, but it helps to transition the children to kindergarten. DCCDS is required to comply with the same requirements as for-profit day cares and the school has never been cited and has passed all required State inspections. The most helpful service that DCCDS provides is the care and consistency of teachers who continue their employment at this facility. Mr. Carlisle added that DCCDS is more than babysitting and this is why the name was changed from daycare to school. The board has long term members, each with more than 7 years of service. Ms. Stoker stated that good childcare continues to be a huge need in the community. Many parents are looking and it is not readily available. Barbara Ross stated that the City of Denton is currently working on the Five (5) Year Consolidated Plan and based on current surveys, childcare is still listed as a need in the community. Ms. Espino stated that a United Way needs assessment may also soon be in the works within the community. Health Services of North Texas (formerly AIDS Services of North Texas) Susan Stambaugh, Director of Clinical Services and Kevin Spicer, Nutrition Center Coordinator, introduced themselves. Continued Discussion and Recommendation of People's Clinic remaining funding for the 2009- 10 FY Ms. Stambaugh, per committee's request, provided general information regarding the acquisition of the People's Clinic. A building has been rented just down the street from their current office on Mesa Drive, which will provide low-cost health care to Denton County residents. People's Clinic remaining funding will be used in the same manner as stated in the People's Clinic contracts. The acquisition will allow People's Clinic to access Health Services of North Texas infrastructure. As soon as the new clinic location is ready, Health Services of North Texas will move all of their medical staff to 4310 Mesa Drive and begin offering medical care to the public. Once the proper billing mechanisms are in place HSNT will also be offering care to individuals and families with Medicare, Medicaid, and most private insurance plans. The agency's goal is to offer high quality medical care to people at all income levels. Health Services of North Texas (formerly AIDS Services of North Texas) Per the Human Services application request, the food pantry continues to provide a much needed service in the community. The number of persons, who are HIV+, continues to increase. Funding available is mainly being made available to health services. The food pantry provides supplemental supply of food to help ensure clients receive the proper amount of nutrition they need to stay healthy. A week worth of food, or a SHOP, can provide up to 7 meals. Health Services of North Texas provides services in Denton, Collin, Rockwall and Kaufman counties. This request is asking for funds for hygiene for HIV+ persons and unreimbursed medical expenses incurred by the HSNT medical care program for low to moderate income residents of the city of Denton. In Denton, services are provided in one office. Even though the county does not have a county hospital, HSNT staff takes the initiative to find services for clients. Based on needs for clients, Page 49 HSNT has found a sleep clinic to take clients at a reduced rate. This includes the breathing machine the client will need. Staff has also obtained the services of an optometrist. Mari Metzgar asked what the average age was for HIV+ clients. Ms. Stambaugh stated that it was the 40-60 age group, though the 18-24 age group was growing fast, not currently in Denton, but in Plano. Also, another new group is senior citizens. The concern is that they are not being diagnosed as quickly. A current client was not diagnosed for a year. Mr. Pogue asked if it was true that half of AIDS cases are African Americans. Ms. Stambaugh replied that this is not the case in this area. The largest group remains white males. Mr. Pogue asked if any African Americans were on their Board. Ms. Stambaugh stated that there were some African American members representing Dallas. Mr. Pogue asked if churches in the area were getting involved. Ms. Stambaugh stated that the churches have been a great help to the organization. Usually churches predominately a certain race help in areas where there is a higher % of the race that are HIV+. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She noted that they have admitted 240 women into the clinic and 38 are low income. The 38 women average 4 visits to the clinic. City funds have been utilized to help women who are in the process of getting on Medicaid, since the process can take from 3 to 4 months. It is important to be seen during this time to receive proper prenatal care. City funds allow the clinic to assist the client while they are waiting on other funding sources. Due to funding issues with Medicaid, the clinic has taken a great hit on their funding. Ms. Metzgar stated that the statistics on birth weight were very impressive. Ms. Capan stated that prenatal care and education were very important. Ms. Ross asked when the agency would be moving into their new facility. Ms Capan stated that another hospital has made a counter offer and they are working to make a final decision on where to move. Ms. Metzgar asked about high risk pregnancies. Ms. Capan explained that physicians will not accept a client that is 5 months pregnant or high risk. Examples of high risk patients include persons with diabetes or those under the age of 16. The clinic currently has contracts with two physicians to complete deliveries. A nurse practitioner, at the clinic, provides all other care and visits. The committee agreed that the clinic was doing a wonderful job. Ms. Stoker asked who the physicians are. Ms. Capan stated DeCarlo Noble, MD (Presbyterian) and Lori Harvey, DO (Denton Regional). Children's Advocacy Center of Denton County Dan Leal, Executive Director and Charles Stafford, Advisory Council Chair and Founding Board President, introduced themselves. Mr. Leal discussed the agency's history. In 1994, the county had a sex offender conviction rate of 8%. Now due to agency collaborations, the conviction rate is more than 70%. The agency is a great model of collaborative services. Last year, CACDC served 1753 persons and 20% were from the city of Denton. The agency is located in Lewisville, but has a satellite office in Denton. Page 50 Ms. Metzger asked regarding the reason for requesting more funds and their efforts to obtain more funds. Mr. Pogue asked that the "fair share" funding be explained. Mr. Leal explained that the "fair share" funding had been requested a couple of years before the City of Denton decided to award the agency these funds. This allocation approach requests that each municipality, whose residents use the services of the Children's Advocacy Center for Denton County, pay a portion of the operating expenses that is proportional to the use of services. The Denton Police Department provided a comparison of what the costs would be if the police department had to provide the services. The Center is providing an important service that the City of Denton Police Department could not provide without expending more money than what the CACDC is requesting from the city. The expert forensic interviews, partner agency coordination, training and specialized counseling provided by the organization are valuable to the criminal justice process. Due to the City of Denton funding, several cities have followed suit and are providing "fair share" funding. Mr. Pogue asked why there weren't more board members from the city of Denton. Is it harder to get persons from the city of Denton due to the office being in Lewisville? Mr. Leal stated that one member resides in Denton and several others work in Denton. The board is currently considering an application for a board member from the city of Denton. Mr. Pogue asked about the "fair share" letter provided to City Council and would the CACDC provide some input. Mr. Leal agreed to review. HOPE, Inc. - Homeless Management information System (HMIS) Barbara Atkins, Executive Director of HOPE introduced herself and Carl Seiler, Project Coordinator, who manages the HMIS. Ms. Atkins described the services provided by HMIS. HMIS reports information regarding social service agencies serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and duplication. Agencies requesting federal and state funding are required to utilize the HMIS data system. The program is managing data for over two million in funds in the area. HOPE, Inc. - Transitional Housing Ms. Atkins state that there are over 600,000 homeless and 135 million children, the hidden homeless. The numbers are growing. Ms. Atkins also described continued funding, new funding received, goals of the agency and how they plan to strengthen the agency to utilize the funds. Their board is currently working on various items that include a strategic plan and the expansion of current office space. HOPE is currently coaxed out of space in the office due to the hiring of new staff to manage new grants. Ms. Atkins stated, that if funded, if HOPE could be provided general funds instead of CDBG funds. Due to regulations from the U. S. Department of Housing and Urban Development, rental assistance can only be provided with CDBG funds for up to 3 months. Since the program provides services 12-24 months, CDBG's three-month limitation is causing some problems. Ms. Metzgar asked what transitional housing is. The Transitional Housing Program provides case management and financial assistance to client families who are exiting emergency shelter and federally defined as homeless for 12-24 months. Ms. Metzgar asked if this meant that the program had housing at different sites. Ms. Atkins replied that through collaboration with Denton Affordable Housing Corporation, twenty scattered site units at rents far below market rate are available. Mr. Pogue asked if it was correct that 300-500 families are estimated to need the service and only five (5) families are assisted and 10 additional families are provided follow up services, then what Page 51 happens to the rest. Ms. Atkins stated that other funding sources have been obtained and collaborations with other agencies have also been able to help. Mr. Pogue asked what agencies are members of the HMIS. Ms. Atkins stated that Department of Mental Health and Mental Retardation, Health Services of North Texas, Christian Community Action, HOPE, Inc. and Salvation Army. Mr. Seiler stated that by accepting a certain grant, the agency is agreeing to input data into HMIS. The agencies input homeless data that is then reported to congress. Ms. Atkins stated that the City of Denton had great staff and noted the work they had done and were doing with the Homelessness Prevention and Rapid Rehousing grant Ms. Espino mentioned that the Denton County Homeless Coalition is currently working on unofficial homeless count and the data would be made available on the City of Denton's website. Camp Summit Lisa Braziel, Camp Director and Pam Chicol, Director of Development introduced themselves. Ms. Braziel stated how their programs assist families and benefits the individual being assisted. The program offers weekend, fall, spring and summer camps to adults and children with disabilities. They are now offering a spring break camp for up to 80 campers. This funding is very important because over 90% of campers receive financial help to attend the camp. Otherwise these persons would be unable to attend the camp. Over 70% of campers are adults and 30% are children. She described a specific camper's experience and how these funds helped send him to camp. Many times this is the only social and recreational activities available. Ms. Metzgar asked what amount of the 21 residents of Denton served were adults. Ms. Braziel stated that she believed that it was 70% adults, but without the actual data she couldn't provide an exact percentage. Ms. Metzgar asked if any of the campers were from Denton State School. Ms. Braziel stated that 6 or 7 campers are from the school and they are working to recruit more. 09-10 HSAC Application Evaluation Mr. Pogue asked if staff had any direction about what were the most important needs in the community. Ms. Espino stated that based on the data she had seen all the agencies needed the funds. Ms. Ross stated that based on her current surveys, emergency housing continues to be a great need, but other funding has been obtained to help with this need. The committee asked about the role of the Community Development Advisory Committee. Ms. Ross explained that the committee addressed more of the brick and mortar projects. This includes housing, public improvements and economic development. For housing this can include Homebuyers Assistance Program, Home Improvement and Minor Repair, Denton Affordable Housing Corporation and Habitat for Humanity (who did not apply this year). Public improvements can include repairs or improvements to social service agencies who provide services (ex: daycares), park improvements, streets, sewers, etc. The committee requested information on how much funding was available. Ms. Espino provided the figures that were funded last year, but the general fund amount is based on City Council discretion. Page 52 Court Appointed Special Advocates (CASA) of Denton County Mr. Pogue asked if there was a conflict of interest if his wife volunteered for the CASA agency. Ms. Ross stated that since compensation was not involved it was not an issue but noted that he might not want to vote on the CASA funding. Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated that the agency has been continually recognized for their excellent programs, leadership, board fundraising and management, volunteer of the year, and their program has been recognized as Best Practices for training volunteers. They are working to develop a model. The board is reviewing their strategic plan and the organization is always looking for ways to improve. There is tenure in staff and the board. Why fund CASA? The agency is a good investment in partnership. The funds requested go to services for the children. The agency holds 45 days in reserve and funding continues to be important due to the economy. Ms. Metzgar asked what their main funding raising events are. Ms. Gideon stated that they have two main fundraisers and are involved in several third party events. Ms. Metzgar asked if board members were involved. Ms. Gideon stated that board members and one staff member were responsible for the two events. Ms. Metzgar asked if board members were required to donate a % of funding. Ms. Gideon answered that 100% of board members have donated since 2005. PARD Playground Programs - Owsley and Kings Kids Day Kamp Summer Programs Kathy Schaeffer introduced herself. She explained how the Owsley and the Kings Kids Day Kamp summer programs work. The programs provide a day camp at Martin Luther King, Jr. Recreation Center and at the Denia Recreation Center for poverty income level children. Due to renovations to Denia, the Owsley program may be held at a pavilion in Owsley Park that is currently being constructed. Mr. Pogue asked what would happen if they didn't receive funding. Ms. Schaeffer stated that other funding had been available in previous years, but due to the economy those funds may not be available. Currently they serve 42 children per camp and this last summer had a large waiting list. The reduction or the loss of funding would mean a lower number of children served. It might also mean combining programs. Mr. Pogue asked what response the parents have had about the programs. Ms. Schaeffer stated that evaluations are completed at the end of the camp and that parents are very appreciative of the camps. It offers a child a lunch, mentoring and positive role models. Ms. Metzgar asked when the program was started and has it ever been totally funded with City funds. Ms. Schaeffer stated the Owsley program was started in 1993 as a drop in program. The Kings Kids Day Kamp was started in 1994. Usually funds have come from CDBG, or the Parks Foundation and some general funds. As funds get tighter, this may not be a possibility. Ms. Ross added that these programs were started by Parks and UNT, who use to provide some of the programming. Ms. Schaeffer added that it used to be held in a trailer in the Owsley neighborhood area. The program has been scaled back due to loss of funding. Page 53 Ms. Behrens asked when the program starts and ends. The 2010 program will start June 07, 2010 and end August 20, 2010. Ms. Stoker asked if it was usually the same group of kids. Ms. Schaeffer stated that attendance is required and when a child drops, another is added from the waiting list. Ms. Metzgar asked how much the parents pay. Ms. Schaeffer stated that last summer parents paid $7 a t-shirt for the child. This summer they are asking the parent(s) to pay $10. She added that the parent(s) are required to document their poverty income level. Ms. Ross asked about the pavilion in Owsley Park. Ms. Schaeffer stated that the park is being reworked to fit in a pavilion, basketball court and a playground area. Ms. Hillman stated that this group cannot go out and fundraise. Ms. Schaeffer stated that via the Parks foundation they could, but that the foundation is targeting athletic scholarships. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY Mr. Pogue motioned that a recommendation be approved to transfer remaining funds from the People's Clinic to Health Services of North Texas. The motion was seconded by Ms. Metzgar and approved by members. Maria Minerva Villanueva- Simental moved that the meeting be adjourned. Mr. Pogue seconded the motion, the meeting was adjourned. Page 54 OFFICIAL MINUTES Approved by Committee 2/25/2010 Human Service Advisory Committee Meeting February 18, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Mari Metzgar, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Barbara Brown Staff Present: Alma Espino and Angel Delgado Chair Steve Pogue called the meeting to order and Ms. Espino was asked to talk about the current city budget. Ms. Espino stated that there was always a possibility that the city funding for Human Services may be reduced. She stated that it is up to the committee if they would like to lower their total estimate for funding. Mr. Pogue asked if the committee should recommend funding based on a per capita basis or the maximum. Jan Hillman stated that it might be best to recommend funding based on a smaller estimate of the budget. Mr. Pogue stated that CDBG funding will probably be as listed but that there is some concern on how much the city will actually fund for the Human Services. Mr. Pogue asked for the per capita level. Ms. Espino stated she would get the current population figures to the committee by email and phone. Approval of Minutes from February 4, 2010 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from February 4, 2010. Mari Metzgar seconded the motion. The minutes were approved as written. Discussion of Application Process Mr. Pogue asked if there were any questions about the application process. Mr. Pogue also mentioned the possibility of problems with Fred Moore Day Nursery School, Inc. There have been bad checks, write-offs, and lack of physical accountability. Ms. Espino stated that the daycare provided a much needed service in the community. She stated that requests for payments are completed on a reimbursement basis and that an agency is required to submit backup. This request is reviewed and all agencies are required to submit minutes from board meetings, financial reports, quarterly payroll taxes, and yearly audits. She added that a new director was hired in December. 2010-2011 Human Services Applicant Presentations: Denton Christian Preschool Judy Royal, Executive Director, Alicia Blanca, Assistant Executive Director, and Ray Jordan, Board Member, introduced themselves. Ms. Royal stated why she thought the agency needed funding. She stated they provide a service that is not available elsewhere. Denton Christian Preschool provides transportation access to the school. She stated there is an increase in low income families and the school is beneficial for this population. The school teaches English as well. Mr. Jordan stated their main strategic goal is to fund preschool education in Denton. The need exceeds the capabilities of the school system. As well, transportation is needed. As far as funding, Mr. Jordan stated that they are trying to obtain funds from wherever possible. He stated that there Page 55 had been issues with the budget and that Denton Christian Preschool has always kept a heavy reserve. This is no longer the case. They maintain being in the black but their run rate is almost even. He stated their two biggest fundraisers are coming up and they have started new fundraising events to aid in their budget. One example is the Tamales Sale. This fundraiser involves the parents' participation and is a great example of bringing the family together to aid in education funding. Mr. Jordan stated that government funding was decreasing. Dr. Richard Stream asked the agency what they would do if funds had to be cut. Mr. Jordan stated that in the past they have removed a position to accommodate the cuts. They cut the Coordinator position and Ms. Blanca is now responsible for coordinating transportation. They have combined positions and eliminated a classroom. There have been no raises. He added that the children are the ones who are suffering from these cuts. He stated that a small investment in the children and their families now will create huge differences in the future. Mr. Stream asked if there was responsibility of parents to the children and their education. Ms. Royal stated that it is very important for parents to have a sense of responsibility for their children's education. The parents complete a contract at the beginning of enrollment, attend parenting education classes, and pay tuition. Dr. Stream asked what happens if the parents don't fulfill the contract. Ms. Royal stated that they would drop the parent and the child from the program. Mary Ann McDuff asked the agency personnel what was the difference between Denton City County Day School, Fred Moore Day Nursery School, and Denton Christian Preschool. Ms. Royal responded that she did not know the statistics of the populations served in the other agencies but stated that Denton Christian Preschool is not a day care. It has a research based curriculum including literacy and math. All teachers have degrees in Child Development. The agency works with the university to create the curriculum. Ms. McDuff asked if the preschool was half-time. Mr. Jordan stated that there is full-time and half-time attendance. The full-time attendance costs tuition but half- time is free. Mr. Jordan stated that licensing regulations were increasing. It now costs $44.20 for each staff member to be fingerprinted. This includes all staff, volunteers, and university students. Last year it cost over $1,000. Denton County Friends of the Family Toni Johnson-Simpson, Executive Director, and Audrey Kteily, Executive Program Director, introduced themselves. Ms. Johnson-Simpson stated she was glad to be in front of the committee and stated that she was there to add anything the committee would like to know. She stated that the agency is dynamic, great, and saves lives. She was proud to continually come back before the committee and request money. The agency continues to do work within the community. Among their services they have a shelter, attorney, counselors, and many programs. Dr. Stream asked what would happen if funding was cut. Ms. Johnson-Simpson stated that it would be difficult to handle any cuts to the shelter. She stated that they are in the process of renegotiating their lease. It is difficult during these economic times and is hard to cut certain programs such as providing shelter. Mr. Pogue asked if the agency had seen an increase in the number of clients due to the economy. Ms. Johnson-Simpson stated that there has been an increase. She stated that with this economy, people that used to be able to find shelter with family and friends now have nowhere to turn because their family support cannot afford to help. She added that increasing populations and new housing developments would also result in an increase in clientele. Page 56 Ms. Metzgar stated that 38% of clients serviced by this agency are City of Denton residents. She asked where the rest of the clients served are located. Ms. Johnson-Simpson stated that other clients are located around Denton County. Less than 10% are located outside the county. Ms. Metzgar asked if cities such as Lewisville and Flower Mound participate in funding. Ms. Johnson-Simpson stated yes all cities with clientele participate in funding. As well they hold fundraising events and work with churches and organizations. Special Programs for Aging Needs (SPAN) Blake Seylhouwer, Board Treasurer introduced himself. He stated that he was interim director and that Linda Leuckel was no longer with SPAN. He stated that SPAN has been around since 1974. In 2009, SPAN delivered 76,000 meals to congregate sites and 350 homebound seniors. He stated the meals served are one-third of seniors' nutritional value. They also provide important hot meals at noon. Dr. Stream asked if they had ties with Our Daily Bread. Mr. Seylhouwer responded that they did not have ties with Our Daily Bread. Ms. Espino stated that Our Daily Bread is a soup kitchen and provides a free meal to those in need, which includes the homeless populations. Mr. Seylhouwer stated that SPAN's main population is low income seniors. He also stated there are other programs run by SPAN such as Paws. Paws provides assistance to seniors with pets by providing food for their animals. He stated the importance of pets to many seniors and how it is a very good service. Megan Stoker asked what other funding sources were utilized by this agency. Mr. Seylhouwer stated that they are funded by many sources such as TXDOT, United Way, and AAA. He stated that City of Denton is their primary funding source. Dr. Stream asked what would happen if funding was cut. Mr. Seylhouwer stated that the important thing to do would be to focus on finding additional sources of revenues instead of cutting funds. They have had to cut 20 seniors within the past 6 months and have placed these individuals on a waiting list in case funding increases. Day Stay for Adults, Inc. Andre Villarreal, Executive Director, and Erica Strain, Associate Director introduced themselves. Mr. Villarreal stated that he had brought in Ms. Strain because she will be taking over the Lewisville site soon. Mr. Villarreal continued with stating more about Day Stay. He said the agency provides respite care for caregivers in order for them to maintain work and healthy functioning. Daycare is provided up to 10 hours Monday-Friday. They are asking for funding to support the health care insurance of the staff. In the beginning there were no benefits for the staff In order to keep morale up they decided it was important to include health insurance. Health insurance is very expensive and they believe they are on the lowest cost plan. Ms. Stoker asked if they receive funding from other sources. Mr. Villarreal stated they receive funding from the cities of Lewisville and Highland Village, United Way, Medicaid services, and private paying clients. He stated that services are provided at $44 a day for 10 hours of service. Clients receive two snacks, one lunch, and care and support from staff. Medicaid reimburses the agency $30 for 10 hours of service or $15 for five hours of service. He stated the agency could not afford to provide services without the help and support of the community. Mr. Villarreal stated they fundraise as well. The Denton Benefit League donated funds for a security system and a surveillance system. Ms. Metzgar asked if there had been more clients in the new facility. Mr. Villarreal stated that it has picked up. He stated that the older population usually comes to the agency for a few months and then transfers over to assisted living units. The younger population stays much longer. Some clients will move to the Lewisville site as they live closer to that location. Page 57 Mr. Pogue stated that the Denton location has 16 clients in Denton. He asked if the Lewisville site will have as many. Mr. Villarreal stated they are guessing based on past enrollment history. Dr. Stream asked if there was any advertising and marketing to obtain clients. Mr. Villarreal stated that there is no budget for marketing, and that a lot of marketing is completed via word of mouth. He said he speaks to many groups, churches, schools, and doctoral programs. He also attends health fairs to market Day Stay. Mary Behrens stated that she thought they did not have a wait list as of present. Mr. Villarreal stated that was correct. The facility is licensed to hold 44 clients but it truly depends on the conditions of the clients and their need for attention. For example people with wheelchairs require more room. RSVP Diana Corona, Executive Director, and Judy Smith, Special Projects Coordinator, introduced themselves. Ms. Corona stated they are asking for $10,000. They have been within the City of Denton for 37 years. Ms. Smith stated they have 1,115 Denton County volunteers who have put in 130,627 hours of service in the community. She stated there has been a 10% increase in volunteers since 2008. The City of Denton has 113 volunteers. They estimate 1.46 million dollars in savings to the areas served. Ms. Corona stated new programs are constantly being developed. For instance, Houston called and wanted RSVP to create a senior medicare patrol. She stated that 20 people are already willing to serve and help with this program. She stated it is seniors helping seniors. Dr. Stream asked if it is personnel expenses that are to be funded and what that was. Ms. Corona stated yes, it is salaries they are asking to be funded. She stated the program was established in the city of Denton. Ms. McDuff stated that many volunteers are from UNT and TWU, as well as social services, who see a need and accomplish a task to fulfill this need. Discussion of Amount of Funding Mr. Pogue stated that at the next meeting the committee will be coming up with numbers for funding. Ms. Espino asked for the committee's evaluation/ranking forms by Tuesday February 23, 2010. Ms. McDuff asked for the amount that the committee was looking at allocating. Mr. Pogue stated there is $141,000 in CDBG funds and a City of Denton ceiling at $119,000, which may end up being smaller. Ms. Metzgar stated she believed Barbara Ross had said $114,000. Mr. Pogue suggested budgeting for $116,000 instead of $119,000 for City of Denton funds. Mr. Pogue asked if the new committee members had any questions about this funding process. Ms. Stoker asked how other committee members decide on funding for all of the agencies. Ms. McDuff stated that she looks at the needs, services provided, and percentage of city of Denton residents served by the agency. Jan Hillman stated she looks to see if the agency is looking elsewhere for funding. Mr. Pogue stated that all are deserving but there is not enough money to fund each agency all of the money they may need. Fred Moore Day Nursery School, Inc. Alonzo Peterson, Executive Director, and Jason Adamson, Board President introduced themselves. Mr. Adamson stated that there have been obstacles for Fred Moore but that they are building a strong board as of present. There were six original board members and now they 14 and 5 have lifetime status. Members include attorneys and CPAs. They are striving for excellence. He stated he is happy to announce Alonzo Peterson, who has been hired as the Executive Director. They are Page 58 currently working on delineating roles. The previous director had been very involved with the kids and this did not fall in line with what was required by the executive director. Mr. Peterson has a lot of non-profit experience, as well as experience in grant writing. They had a board retreat and have accomplished some strategic planning. There is a lot of forethought now. Their biggest hurdles are the economy and the raise in tuition. They are working on grants to repair their facility. Mr. Adamson stated it is in need of updates. They have put in an application with Speedway Charities for capital improvements. They are also completing an application for funds from Rayzor Ranch. Mr. Adamson stated they also want to focus on getting the teachers accredited and raising retention within the organization. They plan on setting up tiers for raises to show the teachers the importance of their role. Mr. Pogue asked if they would explain the $10,000 in write-offs. Mr. Adamson stated that they had been accumulating bad debt due to non-payment of services by clients. They are currently trying to recover from these debts by becoming more proactive. They are looking at a true picture of the cash flow on a normal basis now. Ms. Metzgar asked if this was being done on a monthly basis. Mr. Adamson stated this is being done on a quarterly basis. Mr. Pogue asked if they would discuss the letter from the IRS concerning the filed extension 990. Mr. Adamson stated they did file for an extension. The IRS stated they are looking at it and it is in their hands now. It is something that should have been taken care of earlier. Ms. McDuff stated that United Way had removed Fred Moore's probation status. She asked to hear more about Mr. Peterson's background. Mr. Peterson stated he received a degree in Community Affairs. He worked with Mothers Against Drunk Driving (MADD) for three years and has a Master's Degree from UNT. He also has a Volunteer Management certificate. Mr. Adamson stated they received $17,000 net funds from a previous fundraiser held in December 2009. He is looking forward to this fundraiser becoming an annual event. Communities in Schools of North Texas Courtney Molchan, Director of Research, Development and Grants, and Hilary Taltzko, Board President Elect, introduced themselves. Ms. Molchan stated Communities in Schools services 27 states. She stated there are 28 locations in Texas. The North Texas branch services four counties. Their population served is 90% economically disadvantaged. 40% are Spanish speaking, 6% have parents who are incarcerated, and 5% are homeless. Ms. Molchan stated that city funds would aid in dropout prevention programs. There are 1,100 mentors and donations are given for holiday assistance. They have a social worker that works with the children. This person manages cases and leverages resources. The process for a child is to be referred, assessed and then a plan is developed and implemented. Dr. Stream asked if seniors volunteer as mentors. Ms. Molchan stated they have a partnership with Robson Ranch. Ms. Molchan stated that only 13% of budget is for administrative costs. They want to use the majority of funds for services. Closing Mr. Pogue asked the committee if there were any questions. There were no questions so Mr. Pogue asked for a motion to adjourn. Ms. Stoker made the motion to adjourn. Ms. Metzgar seconded the motion, the meeting was adjourned. Page 59 Unofficial Minutes Human Service Advisory Committee Meeting February 25, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Mari Metzgar and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and asked for any announcements. Alma Espino discussed the revision to the Day Stay for Adults application. Based on reimbursement rules and the amount of tracking that would be required, it was decided that Day Stay should consider revising their request. Day Stay for Adult's application has been revised to reimburse the difference between what Medicaid reimburses and their daily rate. Their private pay rate is $44/day and the Medicaid reimbursement is $29.98/day. The difference is $14.02/day/client. This is how the activity was funded by HSAC in 2008-09. Ms. Espino asked if anyone had any questions or any concerns regarding this revision. There were none. Approval of Minutes from February 18, 2010 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Maria Minerva Villanueva- Simental made a motion to approve the minutes from February 18, 2010. Teddy Griffin seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Ms. Espino provided the committee with a summary of the committee's evaluations that included an average allocation amount. The average was determined by totaling the individual recommendations, per agency, and dividing by nine (9) members. This was provided prior to the meeting and extra copies were made available. Ms. Espino asked if anyone had any questions or if any corrections were noted. The total amount equaled $256,415. Mr. Pogue discussed the amount of funds available for recommendations. Both CDBG and general funds are based on an estimate. General funds are based on a per capita basis which could be as much as $124,746. Mr. Pogue asked the committee how they wanted to discuss the recommendations. Mr. Pogue recommended that each agency be discussed, and the committee member who made the largest and smallest recommendation to explain his or her reasons behind their recommendation. Members agreed that they would review the list of requesting agencies, discuss the amount of funding, and make a recommendation. However, they would be able to go back and make revisions as needed, based on the total budget numbers. Health Services of North Texas (formerly known as AIDS Services of North Texas) Ms. Griffin mentioned that she recommended full funding based on the fact that the request included two organizations. Ms. Behrens stated that she recommended less because the agency was starting to receive additional grants. Ms. Espino noted that some grants are only for specific costs. Mr. Pogue stated that he looked at previous years for ASNT and Peoples Clinic and that the average amount listed would still be a decrease. Megan Stoker stated that by combining the agencies, there would be a savings in costs. Ms. Griffin stated that the agency had mentioned at Page 60 the presentation that they were saving funds, but that the City of Denton funds were still needed. Mr. Pogue added that the staff from People's Clinic would continue to be employed by Health Services. Ms. McDuff noted that fundraisers had to be compared as well; from the ability to complete mega fundraisers to agencies that only have the ability complete small tamale fundraisers. Members agreed to recommend the average of $21,394. Camp Summit Camp Summit was discussed. Ms. Metzgar stated that they meet current needs listed in the Needs Assessment. Only 3% of total persons served will be city of Denton residents. Ms. Hillman stated that they have successful fundraisers and this might be an area to reduce funding. Ms. Stoker stated that the agency only serves 3% of city of Denton residents and even though the agency provides a meaningful service, there are more pressing needs, such as the homeless. Ms. Stoker agreed, but she still preferred to provide some funding. Members agreed to recommend the average of $2,944. Court Appointed Special Advocates (CASA) Ms. Behrens stated that the agency does a great job with fundraisers, but due to their purpose, recommends funding the full amount. Ms. Stoker agreed that they were important, but had moved them down the list for funding when reviewing their goals, which are to increase reserves and create a building maintenance fund. Members agreed to recommend the average of $11,000. Children's Advocacy Center Members discussed the request from the Children's Advocacy Center of Denton County. Ms. Griffin stated that she used to teach and children were important to serve. She also stated that the agency does a great job. Ms. McDuff stated that the agency has mega fundraisers, good resources, and a stellar executive director. She also stated that the funds should come from the "fair share" amount. Members agreed to recommend the average of $9,833. PARD Playground Programs Members discussed both PARD summer playground programs. Ms. Behrens stated that due to fund raising limitations, and not wanting to combine the programs; funding should be provided. Ms. Griffin stated that there were other areas in more need of these funds, so she recommended less. Ms. Villanueva stated that it was a great program and if they are provided any less, then kids would be cut from the program. Ms. Ross explained that the programs were developed as a result of the City receiving CDBG funds. She added that if funding was reduced, the programs would have to serve fewer children. Ms. McDuff stated that the City budget should cover the costs. Mr. Pogue stated that would probably not be possible at this time. Members agreed to recommend the average of $5,944 for each program. Communities In Schools Ms. Villanueva stated that the more she gets involved, the more important she sees that these programs are better for the kids. The parents are getting younger and these types of programs are needed. Members agreed to fund at $5,000. Day Stay for Adults Ms. Villanueva stated that she loved the program and it was near and dear to her heart. This would have been a great program for her grandmother. Dr. Stream stated that the % of seniors versus non seniors was an important item to consider. Mr. Pogue stated that Day Stay for Adults does not simply serve seniors, but adults as well. Ms. Behrens added that based on the application, 25 of the adults were under the age of 65. Mr. Pogue asked if funding based on Page 61 seniors versus non seniors was something the committee wanted to consider. Ms. Hillman stated that based on priorities and needs, childcare was listed as more of a need. Ms. Ross stated that based on current focus groups with Denton County Homeless Coalition and Denton's Assistance Network both agreed that housing and transportation were important needs. Ms. Griffin stated that she was concerned that there was not a waiting list. Ms. Metzgar stated that no else was providing this type of service and believed that the agency should be funded closer to what they asked for. Members agreed to recommend the average of $6,778. Page 62 Denton Christian Preschool Ms. Behrens stated that they had done a great job in cutting expenses. Ms. Villanueva stated that transportation was very important to fund. Transportation includes many different items to consider. Ms. Griffin recommended more funds. Members agreed to recommend the average of $22,056. Denton City County Day School Ms. McDuff stated that child care continues to be a top priority. She recommended the same amount as Fred Moore. Members agreed to recommend the average of $26,222. Denton County Friends of Family Ms. Griffin stated that this was needed today with people losing jobs. She had several parents in her preschool that utilized these services. Ms. Villanueva added that it was a great program to fund. Ms. Behrens stated that she gave them more money due to the needs in the community. Members agreed to recommend the average of $26,111. Family Health Care Ms. Villanueva stated the importance of the program and how they help families and babies at the start. Ms. Hillman stated that if not funded, it would cost the community more money later. Ms. McDuff stated that she had decreased this amount to provide more funds to childcare. Ms. Stoker stated that it is a priority and the agency provides more specific care. Also, the agency is willing to provide services to women with high risk pregnancies. Members agreed to recommend the average of $20,787. Fred Moore Nursery School Fred Moore Nursery School was discussed. Ms. McDuff stated that they have a new executive director, United Way has been working with them, and they are the only infant day care for low income families. Dr. Stream asked if City County and Fred Moore served different racial/ethnic populations. Ms. Ross stated that at the Community Development Advisory Committee meeting, Executive Director of Denton City County Day School, Mr. Garcia, indicated that based on the respective neighborhoods in which they were both located, Fred Moore served a higher percentage of African-American citizens and City County served higher percentage of Hispanic citizens. It is due to the neighborhoods they are located in. Ms. McDuff added that Fred Moore Nursery School was close to the high school. Ms. Espino mentioned that in a previous funding year, the response as to why some daycares do not cover babies was due to the regulations and requirements. Dr. Stream stated that he was impressed with their presentation. HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS) HOPE, Inc. and HMIS were discussed. Members agreed to recommend the average of $21,889 for HOPE Inc. - Transitional Housing and $18,000 for HMIS. Retired Senior Volunteer Program (RSVP) RSVP was discussed. Ms. McDuff stated that Diana Corona is dedicated and the agency continues to expand their services. Ms. Behrens stated that she had seen them in action and they were a great program that benefits the elderly and gives to the community. Ms. McDuff added that they are an umbrella agency that provides services. Members agreed to recommend the average of $7,900. Special Programs for Aging Needs (SPAN) Page 63 SPAN was discussed. Ms. Griffin stated the importance of the program. If this agency did not exist, some seniors would never eat. It is also a source of contact for them. Members agreed to recommend the average of $21,167. Approval: Funding Recommendations Ms. Ross stated that the final CDBG amount should be available soon, but that the general fund amount was determined by City Council. Mr. Pogue asked if the committee wanted to round the figures. Members discussed whether they should reduce the amount. A decision was made to approve the funding and meet again if changes were requested. Ms. Stoker made a motion to approve the funding levels for a total of $256,525 and Ms. Behrens seconded the motion. The members approved the funding recommendations. Discussion and Recommendation of "Fair Share" Funding Support Letter Members agreed to submit a letter in support of "fair share" funding. Ms. Villanueva made a motion to approve submitting a letter of support for "fair share" funding. Dr. Stream moved that the meeting be adjourned. Ms. Griffin seconded the motion. The meeting was adjourned. Future Meetings: A tentative meeting was scheduled for Thursday, April 22, 2010 at 6 p.m. Page 64 ACTION PLAN PUBLIC HEARING MINUTES April 20, 2010 City Council Meeting The following comments were received during the April 20th public hearing: MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2010 through May 3, 2010 The following comments were received during the 30-day comment period: No comments have been received to date. Page 65 APPENDIX #1 - #3 SF424 Applications Page 66 SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted Applicant Identifier 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B _Organizational DUNS 07-138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PLANNING & DEVELOPMENT ZIP 76201 Countr U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number EIN : Count DENTON 5-6000514 Program Year Start Date (MM/DD) 08/01/10 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type U.S. Department o Pro ram Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers: Descriptive Title of Applicant Project(s): Areas Affected by Project(s) (cities. Counties. localities etc.): Estimated Funding Community Development Block Grant 14218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation. minor repair. public facility Denton. Texas improvements. provision of public services. homeownership assistance. and program administration. CDBG Grant Amount Additional HUD Grant(s) Leveraged Describe 975.447 Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income Other (Describe) 14.000 Total Funds Leveraged for CDBG-based Project(s) Page 67 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition. rehab and homeownership Denton. Texas assistance. tenant based rental assistance and program administration $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $578.028 $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $40.000 Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected b ESG Pro ect(s) $ESG Grant Amount Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Con ressional Districts of Is application subject to review by state Executive Order Applicant Districts 26 Project Districts 26 12372 Process? Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the "Yes" please include an additional document state EO 12372 process for review on DATE explaining the situation. ❑ No Program is not covered b EO 12372 ❑ Yes ❑ No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753 eMail bross a@cityofdenton.com Grantee Website - www.cityofdenton.com Other Contact Signature of Authorized Representative - George C. Campbell. City Manager Date Signed Page 68 APPENDIX #4 Certifications Page 69 LOCAL GOVERNMENT CERTIFICATIONS FOR CDBG AND HOME PROGRAMS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the .jurisdiction certifies that: Affirmatively Further Fair Housing The .jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the .jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and speciA ing the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activitv the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 70 Anti-Lobbying To the best of the .jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to anv person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable) and the .jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 71 Specific CDBG Certifications The Entitlement Communitv certifies that: Citizen Participation It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and communitv development plan identifies communitv development and housing needs and specifies both short-term and long-term communitv development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds It has complied with the following criteria: Magnum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The Jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 72 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its .jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24, Compliance with Laws It will comply with applicable laws. Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number Page 73 Specific HOME Certifications The HOME participating .jurisdiction certifies that: Tenant Based Rental Assistance If the participating .jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating .jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number Page 74 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identifi- the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City Count State Zip Communitv Development 601 E. Hickory, Denton Denton TX 76205 Department Suite B Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) Page 75 and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibilitv to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 76 APPENDIX #5 Annual Housing Goals Page 77 Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used dorin!a the period Number of Units Number of Units Program Year: To Be Completed Completed CDBG HOME ESG HOPWA IiE. EFIC'I.-1 R1" 6'0.AL,S (Sec. 2I5 Onlr) Homeless households ❑ ❑ ❑ ❑ Non-homeless households 69 ® ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* 69 ® ® ❑ ❑ RE.VLAL 6'0.-1LS (Sec. 2I5 Onlr) Acquisition of existing units ❑ ❑ ❑ Production of new omits ❑ ❑ ❑ Rehabilitation of existing units 2 ® ❑ ❑ ❑ Rental Assistance 2 ❑ ® ❑ Total Sec. 215 Affordable Rental 4 ® ® ❑ ❑ HOME OWNER GOALS (Sec. 2I5 Onlr) Acquisition of existing units ❑ ❑ Production of new omits 3 ❑ Rehabilitation of existing units 39 Homebuyer Assistance 23 ® ® ❑ Total Sec. 215 Affordable Owner 65 ® ® ❑ ❑ COMBINED RE;VLAL :-1ND O!1 IVER GOALS (Sec. ?Ij Only) Acquisition of existing units ❑ ❑ ❑ Production of new omits 3 ❑ ® ❑ Rehabilitation of existing units 41 ® ® ❑ ❑ Rental Assistance 2 ❑ ® ❑ Homebuyer Assistance 23 ® ® ❑ Combined Total Sec. 215 Goals* 69 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housio-) Aiumal Rental Housing Goal 4 ® ® ❑ ❑ Anntual Owner Housing Goal 65 ® ® ❑ ❑ Total Overall Housing Goal 69 ® ® ❑ ❑ Page 78 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2010 DEPARTMENT: Finance ACM: Jon Fortune b SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $64,000,000; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue City of Denton Certificates of Obligation (CO) Bonds, Series 2010 as required by state law. The notice, which includes a maximum par amount of $64,000,000, will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. These bonds will provide funding of $63,110,000 for project costs. The additional $890,000 is for the cost of issuance and to allow flexibility in marketing and pricing the bond sale. Staff anticipates the sale of $2,880,000 in COs for General Government, which is less than originally intended in the 2009-10 Capital Improvements Program (CIP). The decrease is due to a reduction in the number of vehicles requiring replacement and the elimination of the fuel facility (island) project, which has since received other funding sources. Below is a listing of CO funded projects for General Government's 2009-10 CIP: 1. JDEdwards System Enhancements - $ 250,000 2. Vehicle Replacements - $1,580,000 3. Municipal Court Software - $ 300 000 4. Facility Maintenance Program - $ 750,000 Staff anticipates the sale of $8,690,000 in COs for Solid Waste projects. Below is a listing of CO funded projects for Solid Waste's 2009-10 CIP: 1. All Terrain Off-Road Vehicle - $ 24,000 2. Appliance Truck - $ 70,000 3. Automated Side Load Truck - $ 258,000 4. Commercial Container Equipment/Maintenance - $ 355,000 5. Fork Lift - $ 80,000 6. Front Load Truck - $ 258,000 7. Ground Water Wells - $ 110,000 8. Home Chemical Building Improvements - $ 65,000 9. Integrated Waste Management System - $1,800,000 10. Knucleboom Truck - $ 97,000 11. Landfill Expansion - $1,500,000 Agenda Information Sheet April 20, 2010 Page 2 12. Landfill Improvements - $ 260,000 13. Landfill Security - $ 160,000 14. Landfill Security Fence/Wall - $ 650,000 15. Landfill Software & Upgrades - $ 150,000 16. Leachate Recirculation - $ 70,000 17. LFG Line Construction - $ 50,000 18. Mechanical Processing Equipment - $ 450,000 19. Rear Load Truck - $ 230,000 20. Recycling Cart Replacements - $ 100,000 21. Recycling Commercial Containers - $ 155,000 22. Recycling Facility Upgrades - $ 16,000 23. Residential Container Equipment/Assembly - $ 115,000 24. Residential Container Equipment/Maintenance - $ 92,000 25. Roll Off Truck with Hoise - $ 170,000 26. Security-Buildings & Parking Lots - $ 40,000 27. Slope Mower - $ 120,000 28. Solid Waste Equipment - $ 100,000 29. Solid Waste Equipment & Tire Wash - $ 450,000 30. Solid Waste Equipment/Rebuilds - $ 510,000 31. Solid Waste Management Planning - $ 110,000 32. Turf Mower - $ 25,000 33. Waste to Energy Pilot - $ 50,000 Staff anticipates the sale of $51,540,000 in Utility System Debt for Electric, Water and Wastewater projects. Below is a listing of Utility System Debt funded projects for the 2009-10 CIP: 1. Lewisville Water Treatment Plant Rehabilitation - $13,000,000 2. Wet Weather Peak Flow Station (Wastewater) - $ 850,000 3. Hickory Creek Lift Station (Wastewater) - $ 125,000 4. McKinney Street Util. Relocate (Wastewater) - $ 275,000 5. Pecan Creek Interceptor III Design (Wastewater) - $ 520,000 6. Pecan Creek Interceptor IV Design (Wastewater) - $ 380,000 7. Barrow Lift Station (Wastewater) - $ 350,000 8. Hwy 380 West (Wastewater) - $ 1,500,000 9. Effluent Reuse (Wastewater) - $ 25,000 10. Rehab of Pump Station #2 (Wastewater) - $ 275,000 11. Oversize Projects (Wastewater) - $ 200,000 12. Automated Meter Reading (Electric) - $ 1,090,000 13. Building Construction (Electric) - $ 2,719,000 14. Communications Equipment (Electric) - $ 897,000 15. Distribution Transformers (Electric) - $ 316,000 16. Feeder Extension & Improvements (Electric) - $ 6,330,000 17. New Residential & Commercial Lines (Electric) - $ 2,575,000 18. Distribution Substation (Electric) - $ 7,759,000 Agenda Information Sheet April 20, 2010 Page 3 19. Transmission Lines (Electric) - $ 6,280,000 20. Transmission Substations (Electric) - $ 4,920,000 21. Meters (Electric) - $ 363,000 22. Office Furniture & Equipment (Electric) - $ 75,000 23. Over/Under Conversions (Electric) - $ 230,000 24. Street Lights (Electric) - $ 421,000 25. Tools & Shop Equipment (Electric) - $ 65,000 Typically, debt associated with the utility system has been sold as revenue bonds. These bonds have a lower underlying credit rating (A1/A+) than General Obligation (GO) bonds, and as a result, cost more to issue. To counteract this issue, revenue bonds have been sold with bond insurance to reduce the interest cost. However, as a result of the recent financial crisis, bond insurance is now difficult to acquire at a reasonable cost or even at all. As part of our efforts to review departmental operations for savings, staff has considered alternative methods to issue utility system debt at a more reasonable cost. Instead of issuing typical utility system revenue bonds, it is possible to issue COs at a substantial savings. This is due to a higher overall credit rating (Aa3/AA) of the City and the elimination of a bond reserve requirement. As reflected in the attached utility system financing analysis (Exhibit 1), it is estimated that a potential savings of $1,594,400 could be realized if COs were issued rather than revenue bonds for the proposed utility system debt. If the debt is issued in this manner, the debt will be guaranteed by the full faith and credit of the City, not just the utility system revenues. Staff has discussed the possibility of issuing the bonds in this manner with our Bond Counsel and City Attorney. According to our legal staff, the City has the authority to issue the debt in this fashion. In addition, our Financial Advisor has been consulted and no adverse impact to the City has been identified. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on June 15, 2010. The closing and delivery of funds would be planned for July 10, 2010. Staff will also plan to present the details of this bond sale to the Public Utility Board on April 26, 2010. Concurrently with the sale of the COs, the City anticipates the sale of approximately $45,000,000 of general obligation refunding and improvement bonds to fund projects approved by voters in 2005 and refund existing utility system debt. PRIOR ACTION/REVIEW (Council, Boards or Commissions) On April 5, 2010, the Audit/Finance Committee unanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $64,000,000 of Certificates of Obligation. A notice is only required for the Certificates. The General Obligation Refunding and Improvement Bonds were approved by the voters in the 2005 CIP election and there is no statutory requirement to post such notice for the refunding of existing Utility System debt. Agenda Information Sheet April 20, 2010 Page 4 EXHIBITS 1. Utility System Financing Analysis 2. Summary of Cities Using Revenue Supported Debt 3. Preliminary Schedule -Certificates of Obligation Series 2010 4. 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A N C Co (D 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 CD (D (D (D (D (D (D (D (D (D (D (D (O (O (O (O (O (O (O 0000 O N O -Ie CL a) Lo w r- p N J CV LL N Co a Im U) r m N O O O O r- N r- N LO 00 N O LO LO N O N (a) (n M O O O O M N I~ 0 0 - O M M O O M N I~ - LO c e! 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C.) cz Y c 4a O r~r-\\I rr C~ ~ V~ Qy y rya 'Y Y U O Y V V 0 cz Y O 0 O ~QU~OwH~WQ~w~ar~w Q Q~ U F W J F Z" Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Total Issue Sources And Uses Part 1 ot2 Dated 05/01/2010 1 Delivered 05/01/2010 General General General Govt Govt 10 Govt 20 Solid Waste Solid Waste 5 Year Year Year 5 Year 10 Year Sources Of Funds Par Amount of Bonds $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,730,000.00 Total Sources $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,750,000.00 Uses Of Funds Total 1Jn ercvrrter's Discount 0.700 o) 11,200.00 3,885.00 5,285.00 20, 50.00 19,460.00 Costs of Issuance 5,265.94 1,327.66 2,436.23 9,631.67 9,154.77 Deposit to Project Construction Fund 1,580,000.00 550,000.00 70,000„00 2,909,000.00 2,75~ 0,000.00 Rounding Amount 3,531.06 (712.66) (2,771.2S) 733.33 1,385.23 Total Uses $1,600,000.00 $555,000.00 $755,000.00 $2,940,000.00 $2,750,000.00 File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Total Issue Sources And Uses Part 2 of 2 Dated 05/01/2010 1 Delivered 05/01/2010 Solid Waste Water Wastewater Electric Issue 20 Year Supported Supported Supported Summary Sources Of Funds Par Amount of Bonds $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 Total Sources $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 Uses Of Funds Total 1Jn ercvrrter's Discount 0.700 o) 21,455.00 91,94 .00 31,31 .00 240,76 .00 446,390.00 Costs of Issuance 10,093.30 43,254.67 14,967.07 113,265 210,000.00 Deposit to Project Construction Fund 3,031,000.00 13,000,000.00 4,500,000.00 34,040,000.00 63,110,000.00 Rounding Amount 2,451.70 (199.67) (1,732.07) 969.36 3,610.00 Total Uses $3,065,000.00 $13,135,000.00 $4,545,000.00 $34,395,000.00 $63,770,000.00 File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM Preliminary $63,770,000 City of Denton, Texas Certificates of Obligation, Series 2010 Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 09/30/2011 2,145,000.00 4.350% 3,523,717.53 5,673,717.53 09/30/2012 3,065,000.00 4.350% 2,614,023.75 5,679,023.75 09/30/2013 3,200,000.00 4.350% 2,477,760.00 5,677,760.00 09/30/2014 3,335,000.00 4.350% 2,335,623.75 5,670,623.75 09 30 2015 3,490,000.00 4350°0 2,137,130.00 5,677,130.00 09/30/2016 2,595,000.00 4.350% 2,054,331.25 4,649,331.25 09 3012017 2,715,000.00 4.350% 1,939,333.75 4,654,333.75 09/30 2013 2,330,000.00 4.350% 1,313,735.00 4,643,735.00 0(/30 -()19 2,960,000.00 4.350% 1,692,302.50 4,652,302.50 09 ',0 2020 3,090,000.00 4.350%0 1,561,215.00 4,651,215.00 09/30 2021 2,305,000.00 4.350% 1,432,993.75 4,237,993.75 09/302022 2,925,000.00 4.350% 1,303,371.25 4,233,371.25 09 3012023 3,055,000.00 4.350% 1,173,306.25 4,233,306.25 09 3012024 3,195,000.00 4.350% 1,042,363.75 4,237,363.75 09 30 2025 3,335,000.00 4.30 °0 900,341.25 4,235,341.25 09/30/2026 3,435,000.00 4.350% 752,006.25 4,237,006.25 09 3012027 3,640,000.00 4.350% 597,037.50 4,237,037.50 09/30 2023 3,305,000.00 4.350% 435,103.75 4,240,103.75 00/30 'm0 3,960,000.00 4.350% 266,220.00 4,226,220.00 09 30 2030 4,140,000.00 4350°0 90,045.00 4,230,045.00 Total $63,770,000.00 $30,213,031.33 $93,953,031.33 Yield Statistics Bond Year Dollars $694,552.44 Average Life 10.392 Year,,, Average Coup°n 435000000o Net Interest Cost NIC) 4.41427020o True Interest Cost (TIC) 4.43337620o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (_aIC) 4.47435600o IRS Form 8038 Net Interest Cost 4.35000000o 'v Bighted Average Maturity 10.392 Years File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM I Preliminary $1,600,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 5 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 27,000.00 4.30% 83,725.42 358,725.42 09/30/2012 310,000.00 4.30% 50,895.00 360,895.00 0930 2013 32,000.00 430°o 37,083.7 362,083.7 09/30/2014 33,000.00 4.30% 22,728.7 357,728.75 0930201 355,000.00 •4.35..0°0 7,721.25 362,721.2 Total $1,600,000.00 $202,154.17 $1,802,154.17 Yield Statistics Bond Ycar Dollars $4,6472- 2 Lif 2 00,; Ygar, Ali ra,~ ,upon 4.350000 1 Oo Net Interest Cost (NIC) 4.9100430o True Interest Cost (TIC') 4.6057766% BondYieldfor \rhiua,~ Purposes 4 All Inclusi\,~ C,,sl . \1(.'. 4.7306997"0 IRS Form 8038 Net Interest Cost 4.3000010o 'vA-eighted average Maturity 2.905 Years File I Denton GO working file.SF 1 2010 CO 1 4/ $12010 1 4:17 PM 11 -I Preliminary $555,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 10 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 40,000.00 4.30% 30,247.00 70,247.00 09/30/2012 50,000.00 4.30% 21,315.00 71,315.00 09/30/2013 50,000.00 4.30% 19,140.00 69,140.00 09 30 2014 50,000.00 430°o 16,965.00 66,965.00 09 30 201 55,000.00 430,0 14,681.28 69,681.2 09/30/2016 55,000.00 4.30% 12,288.7 67,288.7 09/30/2017 60,000.00 4.3 50% 9,787. 50 69,787. 50 09/30/2018 60, 000.00 4.3 50% 7,177.0 67,177. 50 0930 2019 6,000.00 430°o 4,458.75 69,458.75 09 30:. 2020 70,000.00 4.3"0°o 1,522.50 71,522.50 Total $555,000.00 $137,583.25 $692,583.25 Yield Statistics Bond 1 car Dollars $3,162.83 1 r I il~ 5.699 Year", Av cra,,~ oupun 4.35000000o Net Interest Cost NIC) 4.47291290~o True Interest Cost (TIC') 4.490' 1440 Bond field for lrhitra>c Purposes 4 34'44-0' all Inclusive Cost (h 4.55868990o IRS Form 8038 Net Interest Cost 4.3000000o 'vA-eighted average Maturity 5.699 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM .I.. a Preliminary $755,000 City of Denton, Texas Certificates of Obligation, Series 2010 General Govt 20 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 1,000.00 4.30% 42,004.03 57,004.03 0930 2012 2,000.00 4.30°o 31,646.2 56,646.25 09/30/2013 25,000.00 4.3 0% 30,558.75 55,558.75 0930 2014 30,000.00 430°o 29,362.0 59,362.50 09 30 201 30,000.00 4350oo 28,057.50 58,057.50 0930 2016 30,000.00 430°o 26,752.50 56,752.50 0930 2017 30,000.00 430°o 25,447.50 55,447.50 0930 2013 3,000.00 430°o 24,033.7 59,033.75 0930 2019 3,000.00 430°o 22,511.25 57,511.25 09 30 2020 3,000.00 4350oo 20,933.78 55,933.75 0930 2021 40,000.00 4380°o 19,387.80 89,387.80 09/30/2022 40,000.00 4.380% 17,617.80 87,617.80 09/30/2023 40,000.00 4.380% 18,377.80 88,377.80 09/30/2024 48,000.00 4.380% 14,023.78 89,023.78 09 30 2028 48,000.00 438000 12,071.28 87,071.28 09 30 2026 48,000.00 4380°o 10,113.78 88,113.78 09 30 2027 80,000.00 4380°o 3,047.80 83,047.80 09/30/2023 80,000.00 4.380% 8,372.80 88,372.80 09/30/2029 88,000.00 4.380% 3,833.78 83,833.78 09 30 2030 88,000.00 438000 1,196.28 86,196.28 Total $755,000.00 $359,134.08 $1,144,134.08 Yield Statistics Bond Year Dollars $3,948.61 Average Life 11.343 Year,,, Average Coupon 4.35000000o Net Interest Cost NIC) 4.40907920o True Interest Cost (TIC) 4.42773840o Bond Yield for Arbitrage Pu poo,es 4.34744760o all Inclusive Cost (AIC) 4.46870190o IRS Form 8038 Net Interest Cost 4.38000000o 'vA- eighted Average Maturity 11.343 Years File Denton GO working file.SF 2010 CO 4/ 8/2010 4:17 PM Preliminary $2,940,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 5 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09 302011 10,000.00 4.30° o 153,743.50 663,743.0 09/30/2012 570,000.00 4.30% 93,307.0 663,307.0 09/30/2013 595,000.00 4.30% 67,963.7 662,963.7 09/30/2014 620,000.00 4.30% 41,542.50 661,542.50 09 30 201 64 ,000.00 4350oo 14,023.78. 659,028.75 Total $2,940,000.00 $370,591.00 $3,310,591.00 Yield Statistics Bond Ycar Dollars $4. 1933 ~~~raq~ Lif 2 808 Y" ai, Ali ra,~ c_ ,upon 438000004o Net Interest Cost (NIC) 4.89186320o True Interest Cost (TIC') 4.606346500 BondYieldfor \rhiua,~ Purposes 4 ;4-44-r All Inclusi usr\cC,,dli A1Ci 4.73154V". IRS Form 8038 Net Interest Cost 4.38000000o 'v eighted Average Maturity 2.393 Years File I Denton GO working file.SF 1 2010 CO 1 4/ 8/2010 1 4:17 PM 11 -I Preliminary $2,780,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 10 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09 30 2011 19,000.00 4.30° o 151,624.08 346,624.08 09/30/2012 240,000.00 4.30% 107,227.0 347,227.0 09/30/2013 20,000.00 4.30% 96,570.00 346,570.00 09/30/2014 260,000.00 4.30% 85,477.50 345,477.50 09 30 201 27,000.00 •430°0 73,841.28. 348,841.2 0930 2016 28,000.00 430°o 61,661.2 346,661.2 0930 2017 300,000.00 430°o 48,937.0 348,937.0 09/30/2018 310,000.00 4.30% 3,670.00 34,670.00 0930 2019 32,000.00 430°o 21,858.75 346,858.75 09 30 2020 340,000.00 •430°0 7,395.00 347,395.00 Total $2,780,000.00 $690,262.83 $3,470,262.83 Yield Statistics Bond 1 car Dollars $1,868.11 \ r I il~ 5.708 Year", _\v cra,,~ oupun 4.35000000o Net Interest Cost NIC) 4.472639% True Interest Cost (TIC') 4.48993720o Bond field for \rhitra>c Purposes 434744760o all Inclusive Cost \lt i 4.5,. ~5 582755% IRS Form 8038 Net Interest Cost 4.3000000o 'v eighted average Maturity 5.708 Years File Denton GO working file.SF 2010 CO 4/ 8/2010 4:17 PM A Preliminary $3,065,000 City of Denton, Texas Certificates of Obligation, Series 2010 Solid Waste 20 Year Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09302011 60,000.00 4.30°o 170,539.33 230,539.33 09 30 2012 10,000.00 4.30° o 128,433.7 233,433.7 09/30/2013 110,000.00 4.30% 123,757.50 233,757.50 09 30 2014 11,000.00 4.30°o 118,863.7 233,863.7 09 30 201 120,000..00 4.35 0°0 113,752.50 233,752.50 09 30 2016 12,000.00 4.30°o 108,423.7 233,423.7 09/30/2017 130,000.00 4.30% 102,877.0 232,877.0 09/30 2018 13,000.00 4.30% 97,113.7 232,113.7 0(/30 -()19 140,000.00 4.30% 91,132.0 231,132.0 09 ;0 2020 14 ,000..00 4.3 0°0 84,933.75 22 9,933.7 09/30 2021 155,000.00 4.30% 78,408.7 233,408.7 09/302022 160,000.00 4.30% 71,557.50 ^_31,557.50 09 30 2023 16,000.00 4.30°o 64,488.7 229,488.7 09/30/2024 17,000.00 4.30% 57,093.75 ?^_.093.7 09 30 202 18 ,000.00 •4.3 0°0 49,263.7 234,263.7 09/30/2026 190,000.00 4.30% 41,107. 50 231,107. 50 09/30/2027 200,000.00 4.30% 32,625.00 232,625.00 09/30 2028 210,000.00 4.30% 23,707.0 233,707.0 00/30 'm0 21,000.00 4.30% 14,463.7 229,463.7 09 ;0 2030 225,000..00 4.3 0°0 4,893.75 22 9,893.7 Total $3,065,000.00 $1,577,438.08 $4,642,438.08 Yield Statistics Bond Year Dollars $36,262.94 Average Life 11.831 Year,,, Average Coup°n 43000000o Net Interest Cost NIC) 4.40916 10 o True Interest Cost (TIC) 4.4278240o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (AIC) 4.46587650o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.831 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I Preliminary $13,135,000 City of Denton, Texas Certificates of Obligation, Series 2010 Water Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 26 ,000.00 4.30% 730,671.92 99 ,671.92 09/30/2012 44,000.00 4.30% 550,166.25 995,166.25 0930 2013 46,000.00 430°o 530,373.75 995,373.75 09/30/2014 48,000.00 4.30% 509,711.25 994,711.2 09 30 201 505,000.00 4350oo 488,178.78. 993,178.7 09/30/2016 530,000.00 4.30% 465,667.50 995,667.50 09/30/2017 5,000.00 4.3 50% 442,068.7 997,068.7 09/30/2018 575,000.00 4.3 50% 417,491.2 992,491.2 09/30/2019 60,000.00 4.30% 391,826.2 996,826.2 09 30 2020 630,000.00 435000 364,965.00 994,965.00 09/30/2021 660,000.00 4.3500o 336,907.0 996,907. 50 09/30/2022 68,000.00 4.30% 307,653.75 992,653.75 09/30/2023 720,000.00 4.30% 277,095.00 997,095.00 09/30/2024 70,000.00 4.30% 24 ,122.0 99 ,122.0 09 30 202 785,000.00 4.3500o 211,736.25 996,736.25 6,736.2 09/30/2026 820,000.00 4.30% 176,827.0 996,827.0 09/30/2027 855,000.00 4.30% 140,396.2 995,396.25 09 30 2028 89,000.00 4300o 102,333.7 997,333.7 09/30/2029 930,000.00 4.3500o 62,640.00 992,640.00 09 30 2030 97,000.00 435000 21,206.28. 996,206.2 Total $13,135,000.00 - $6,773,039.42 $19,908,039.42 Yield Statistics Bond Year Dollars $155,702.06 Average Life 11.84 Year,,, Average Coupon 4.35000000o Net Interest Cost NIC) 4.4090190o True Interest Cost (TIC) 4.42772760o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (AIC) 4.4669060o IRS Form 8038 Net Interest Cost 4.3000000o 'v eighted Average Maturity 11.854 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I Preliminary $4,545,000 City of Denton, Texas Certificates of Obligation, Series 2010 Wastewater Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - - - 09/30i2011 90,000.00 4.30% 252,865.50 342,865.50 0930 2012 155,000.00 4.30°o 190,421.2 345,421.25 09/30/2013 160,000.00 4.30% 183,570.00 343,570.00 09 30 2014 170,000.00 4.30°o 176,392.0 346,392.0 09 30 201 17,000.00 •4.30°0 168,888.7 343,888.7 09/30/2016 18,000.00 4.30% 161,058.75 346,058.75 09/30/2017 190,000.00 4.30% 152,902.50 342,902.0 09/30 2018 200,000.00 4.30% 144,420.00 344,420.00 0(/30 -()19 210,000.00 4.30% 135,502.50 345,502.50 09 ',0 2020 220,000..00 4.3 0°. 0 126,1 0.00 346,150.00 09/30 2021 22,000.00 4.30% 116,471.2 341,471.2 0930 2022 240,000.00 4.30°o 106,357.50 346,357.50 09/30/2023 20,000.00 4.30% 9,700.00 34,700.00 09 30 2024 260,000.00 4.30°o 84,607.0 344,607.0 09 30 202 270,000.00 •4.30°0 73,080.00 343,080.00 09/30/2026 28,000.00 4.30% 61,008.7 346,008.7 09 30 2027 29,000.00 4.30°o 48,393.7 343,393.7 09/30 2028 310,000.00 4.30% 35,235.00 345,235.00 00/30 'm0 320,000.00 4.30% 21,532.50 341,532.50 09 ',0 2030 335,000..00 4.3 0°0 7,286.2 34 2,286.2 Total $4,545,000.00 $2,341,844.25 $6,886,844.25 Yield Statistics Bond Year Dollars $53,835.50 Average Life 11.84 Year,,, Average Coup°n 435000000o Net Interest Cost NIC) 4.40909670o True Interest Cost (TIC) 4.42776960o Bond Yield for Arbitrage Pu pa,es 4.347447600 All Inclusive Cost (AIC) 4.46575300o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.84 Years File Denton GO working file.SF 2010 CO 4/ 812010 4:17 PM I Preliminary $34,395,000 City of Denton, Texas Certificates of Obligation, Series 2010 Electric Supported Debt Service Schedule Date Principal Coupon Interest Total P+I 09 30 2010 - 09/30i2011 69,000.00 4.30% 1,913,296.7 2,603,296.7 09/30/2012 1,165,000.00 4.30% 1,440,611.2 2,605,611.25 09/30/2013 1,220,000.00 4.30% 1,333,737. 50 2,603,737. 50 09/30/2014 1,270,000.00 4.30% 1,334,580.00 2,604,580.00 09 30 201 1,330,000.00 430°0 1,273,030.00 2,603,030.00 09/30/2016 1,33,000.00 4.30% 1,213,973.7 2,603,973.7 09/30/2017 1,450,000.00 4.30% 1,157,317.50 2,607,317. 50 09/30 2013 1,515,000.00 4.30% 1,092,323.7 2,607,323.7 0(/30 -()19 1,580,000.00 4.30% 1,025,512.50 2,605,512.50 09 ',0 2020 1,6 0,000.00 4.3 0°0 955,260.00 2,605,260.00 09/30 2021 1,72 ,000.00 4.3 0% 331,853.7 2,606,853.7 09/30 2022 1,300,000.00 4.3 0% 80,185.00 2,605,185.00 09 3012023 1,330,000.00 4.30% 725,145.00 2,605,145.00 09/30/2024 1,965,000.00 4.30% 641,E 16.2 2,606,E 16.2 09 30 202 2,050,000.00 430°0 554,190.00 2,604,190.00 09/30/2026 2,145,000.00 4.30% 462,943.7 2,607,943.7 09/30/2027 2,240,000.00 4.30% 367,575.00 2,607,575.00 09/30 2023 2,340,000.00 4.30% 267,960.00 2,607,960.00 00/30 'm0 2,440,000.00 4.30% 163,995.00 2,603,995.00 09 ',0 2030 2,550,000.00 4.3 0%0 55,462.50 2,60 5,462.50 Total $34,395,000.00 $17,730,954.25 $52,125,954.25 Yield Statistics Bond Year Dollars $407,603.33 Average Life 11.31 Year,,, Average Coup°n 43000000o Net Interest Cost NIC) 4.40906770o True Interest Cost (TIC) 4.42774610o Bond Yield for Arbitrage Pu pa,es 4.34744760o all Inclusive Cost (_aIC) 4.4671310o IRS Form 8038 Net Interest Cost 4.3000000o 'v Bighted Average Maturity 11.851 Years File Denton GO working file.SF 2010 CO 4/ $12010 4:17 PM I ORDINANCE NO. 2010- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are hereby adopted and approved, and made a part of this Ordinance for all purposes. Section II. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. Section III. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 20th day of April, 2010. Mark A. Burroughs, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Anita Burgess, City Attorney By THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of Obligation Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of $64,000,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase, construction and acquisition of certain real and personal property, to wit; (a) acquiring, constructing, installing and equipping additions, extensions, renovations and improvements to the City's waterworks and sewer system; (b) acquiring, constructing, installing and equipping additions, extensions, renovations and improvements to the City's electric light and power system; (c) acquiring, constructing, installing and equipping additions, extensions, renovations and improvements the City's solid waste disposal system; (d) renovations to, and equipping of, existing municipal buildings, including Main City Hall; and (e) acquisition of vehicles and equipment for the City's motor pool; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from certain surplus revenues (not to exceed $1,000 in aggregate amount) derived by the City from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks and sewer system and electric light and power system). The City Council of the City tentatively proposes to authorize the issuance of such Certificates of Obligation at a meeting commencing at 6:30 p.m. on the 15th day of June, 2010, in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas. CITY OF DENTON, TEXAS By: Jennifer K. Walters, City Secretary This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: Apri120, 2010 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Construction Advisory & Appeals Board - Council Member Heggins has nominated Michael Roby. Parks, Recreation and Beautification Board - Allyson Coe has moved outside the city limits. A nomination is required from Council Member Gregory. Mike Simmons has resigned. A nomination is required from Mayor Pro Tem Kamp. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:ACity Secretat)ABoards & Coimn\Agenda Info Sheet for Vacancies 4-20-10.doc