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HomeMy WebLinkAboutApril 20, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 20, 2004 After determining that a quorum is presem, the City Council will convene in a Special Called Meeting of the City of Demon City Council on Tuesday, April 20, 2004 at 11:00 a.m. in the City Council Chambers of City Hall, 215 E. McKinney, Demon, Texas at which the following item will be considered: Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon Utility System Revenue Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2004 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 CITY OF DENTON CITY COUNCIL April 20, 2004 After determining that a quorum is presem, the City Council of the City of Demon, Texas will convene in a Work Session on Tuesday, April 20, 2004 at 5:00 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: Receive funding recommendation reports from the Community Developmem Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2004 Action Plan for Housing and Community Development and give staff direction. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 20, 2004. 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 Governmem Code, as amended, as set forth below. 1. Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Receipt of legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-2003-01327 pending in the Probate Court of Denton County, 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. GOV'T. 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 DeNon City Council Agenda April 20, 2004 Page 2 Regular Meeting of the City of DeNon City Council on Tuesday, April 20, 2004 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: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. April Yard-of-the-Momh Awards C. Recognition of staff accomplishmems Do Briefing by a member/represemative of the Demon County Commissioner's Court regarding the proposed County bond program that will affect Demon. 3. CITIZENS REPORTS mo Receive citizen reports from the following: 1. Willie Hudspeth regarding minority hiring and the tree ordinance. 2. Peternia Washington regarding responsible and responsive governmem part 5. 3. John McLeod regarding utility billing. 4. Dessie Goodson regarding responsibility. 4. 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 Consem 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consem Agenda (Agenda items A-O). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. if no items are pulled, Consem Agenda items A-O below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. mo Consider adoption of an ordinance of the City of DeNon, Texas authorizing payment of the award of Special Commissioners into the registry of the court in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et City of DeNon City Council Agenda April 20, 2004 Page 3 al., Cause No. ED-2003-01327 pending in the probate court of Denton County, Texas; and declaring an effective date. Bo Consider adoption of an ordinance awarding a comract for the purchase of materials, supplies, or services necessary for the purchase and maimenance of Oracle Database Enterprise Edition software as approved by the State of Texas General Services Commission Departmem of information Resources (DiR); providing for the expenditure of funds therefor; and providing an effective date (File 3161 -Purchase of Oracle Software awarded to Mythics, inc. in the amoum of $149,057.50). Co Consider adoption of an ordinance authorizing the financing for six refuse trucks and an eighteen foot Windrow composting machine with Bank One through a lease/purchase financing agreemem; providing for the expenditure of funds therefor; and providing an effective date (File 3155 - Lease Purchase of Refuse Trucks and Composting Machine, approximate finance charges $65,079.60). Do Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of an annual mowing contract for various City departmems; providing for the expenditure of funds therefor; and providing an effective date (Bid 3139 - Annual Mowing Comract awarded to the lowest responsible bidder in the amoum of $110,000). mo Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of temporary employment services for the Residential Solid Waste Division of the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3151 - Temporary Employment services for Residential Solid Waste awarded to Labor Ready in the amoum of $11.25/hr). Fo Consider adoption of an ordinance amending Chapter 10, Section 10-2(d) of the Code of Ordinances of the City of DeNon, Texas to provide for the increase in the penalty for delinquent taxes still due as of July 1, of the tax year, from 15 percent to 20 percem; providing for a severability clause; providing for a savings clause; and providing for an effective date. Go Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute an amendment to professional services agreement with Linebarger, Goggan, Blair, Pena & Sampson, LLP and Gregory & Conner P.C. to increase compensation for delinquem taxes on behalf of the City of DeNon; and providing for an effective date. Ho Consider approval of a resolution adopting new program guidelines to increase the amount for a single family equivalent impact fee under incentive grants to pay water and wastewater impact fees for single family affordable housing residemial units; and providing an effective date. Consider approval of a resolution allowing Metzler's Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration City of DeNon City Council Agenda April 20, 2004 Page 4 on May 1, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreemem in conformity with this resolution; and providing for an effective date. Jo Consider approval of a tax refund for the following property tax: Tax Name Reason Year Amount i ~nt~ ~rd C~i~l~ S~PPl~nt~I ~hang~ 2003 2 Ko Consider adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and JVC Real Estate LLC, and providing an effective date. Lo Consider approval of a resolution of the City Council of the City of DeNon, Texas supporting transfer of Federal Transit Administration Designated Recipient status from the City of Denton to the Denton County Transportation Authority; and providing an effective date. Mo Consider adoption of an ordinance abandoning and vacating a Sanitary Sewer easemem from Wheeler Ranch, Ltd. to City of DeNon recorded in Volume 5105, Page 3845 of the Real Property Records of Denton County, Texas, in the B. Merchant Survey, Abstract No. 800; and declaring an effective date. No Consider adoption of an ordinance amending and updating a mutual aid agreemem (86-188) between the City of DeNon and DeNon State School for mutual assistance during times of catastrophic events, emergencies or disasters; and providing for an effective date. Oo Consider approval of a resolution establishing a standing committee of the City Council of the City of DeNon for Council Appoimee Performance Reviews; appointing the initial members of the committee; and providing an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing inviting citizens to commem on the City of DeMon's 2004 Action Plan for Housing and Community Development. Bo Hold a public hearing and consider adoption of an ordinance for Comprehensive Plan Amendment from 'Employment Centers' and 'Neighborhood Centers' to 'Neighborhood Centers' and 'Employment Centers' respectively. The area for amendmem encompasses approximately 2.09 acres, which is generally located between Fort Worth Drive and Country Club Road, and north of the Bent Creek Estates subdivision. The property is largely undeveloped and single-family residemial uses are proposed. The Planning & Zoning Commission recommends approval, 5-1. (CA 04-0001, Central l/il/age Estates) Co Hold a public hearing and consider adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of DeNon City Council Agenda April 20, 2004 Page 5 City of Denton, Texas related to development standards associated with electric transmission lines and non-transmission voltage lines. The Planning and Zoning Commission recommends approval (6-0). (SI04-0004, DME Code Amendments) Do Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residemial Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommends denial (5-1). Supermajority vote required for approval. (Z04-0007, Dry Clean Super Center) mo Hold a public hearing and consider adoption of an ordinance concerning the creation of a Special Sign District for the Unicorn Lake Development. The proposed 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Developmem Code. The Planning and Zoning Commission recommends approval (6-0). (SD04-O001, Unicorn Lake DevelopmenO 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider approval of a resolution by the City Council of the City of DeNon, Texas, supporting the submission of an affordable housing tax credit application by the City of Denton Housing Authority to the Texas Department of Housing and Community Affairs for the redevelopmem of the Phoenix Apartmems site located at 308 S. Ruddell Street; authorizing the Mayor to write a letter of support for the development and allocation of tax credits; and providing for an effective date. Bo Consider adoption of an ordinance amending the DeNon City Code by adding article VII, entitled "storm water and detention facility improvements"; regulating the construction of storm water drain lines, channels and detention facilities; providing for pro rata and oversizing charges; providing a method of reimbursement to the developer by pro rata and oversizing payments; providing a method of enforcing paymem of pro rata and oversizing charges; renumbering article VII to article VIII uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. Co Consider an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel is located on the north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre is proposed. The Planning & Zoning Commission recommends denial (4-2). (V04-O001 Cinemark Addition Drainage Variance) City of Demon City Council Agenda April 20, 2004 Page 6 Do Consider adoption of an ordinance approving an Imerlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority relating to an Enhanced Local Assistance Program; and providing an effective date. mo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Fo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Go Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Ho 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 Demon, Texas, on the day of ,2004 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 HEAR1NG 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 DATE: DEPARTMENT: CM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Fiscal Operations Kathy DuBose SUBJECT: Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon Utility System Revenue Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND: On April 20, 2004, David Medanich of First Southwest Company, the City's Financial Advisor, and Ted Brizzolara III of McCall, Parkhurst and Horton, the City's Bond Counsel, will presem the underwriting company of the City of Demon Utility System Revenue Refunding Bonds, Series 2004. The $24 million (plus cost of issuance) will be used to refund a portion of the City's outstanding Utility System Revenue Bonds for the purpose of lowering the debt service requirements associated with the System debt, and pay the cost of issuance of the Bonds. This refunding (refinancing at a lower imerest rate) will save approximately $2.6 million over the life of the bonds. PRIOR ACTION/REVIEW (Council, Boards, Commissions): The projects related to the bonds were approved and funded in previous capital budgets and bond issues, respectively. FISCAL INFORMATION: This refunding will save the City approximately $2.6 million in debt service over the life of the bonds equating to 4% present value savings. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2004- ORDiNANCE AUTHORIZiNG THE ISSUANCE, SALE, AND DELiVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDiNG BONDS, SERIES 2004, AND APPROViNG AND AUTHORIZING iNSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDiNG AN EFFECTiVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds: City of Denton Utility System Revenue Bonds, Series 1992, dated March 1, 1992; City of Denton Utility System Revenue Bonds, Series 1993, dated March 1, 1993; City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, dated June 1, 1993; City of Denton Utility System Revenue Bonds, Series 1996, dated May 1, 1996; City of Denton Utility System Revenue Refunding Bonds, Series 1996-A, dated May 1, 1996; City of Denton Utility System Revenue Bonds, Series 1998, dated March 15, 1998; City of Denton Utility System Revenue Refunding Bonds, Series 1998A, dated July 15, 1998; City of Denton Utility System Revenue Refunding Bonds, Series 1998B, dated August 1, 1998; City of Denton Utility System Revenue Bonds, Series 2000A, dated April 15, 2000; City of Denton Utility System Revenue Bonds, Taxable Series 2000B, dated April 15, 2000; City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, dated April 15, 2001; City of Denton Utility System Revenue Bonds, Series 2002A, dated April 1, 2002; City of Denton Utility System Revenue Bonds, Taxable Series 2002B, dated April 1, 2002; and City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2003, dated April 1, 2003; WHEREAS, the City Council of the City of Denton deems it necessary and advisable to refund the City's outstanding revenue bonds described in Schedule I hereto (the "Refunded Bonds"); and BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 WHEREAS, the City Council of the City deems it necessary and advisable to authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described to refund the Refunded Bonds; and WHEREAS, the Series 2004 Bonds hereinafter authorized and described are to be issued, sold and delivered pursuant to Chapters 1207, Texas Government Code, the City's Home Rule Charter, and other applicable laws, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $. , for the purpose of (a) refunding the Refunded Bonds in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of such bonds, and such bonds shall be designated "City of Denton Utility System Revenue Refunding Bonds, Series 2004" (the "Bonds"). Section 2. DESCRIPTION OF THE BONDS. (a) With respect to the Series 2004 Bonds, initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Series 2004 Bond"), but the Initial Series 2004 Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Series 2004 Bonds" as used in this Ordinance shall mean and include collectively the Initial Series 2004 Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Series 2004 Bond" shall mean any of the Series 2004 Bonds. (b) The term "Initial Bond" as used in this Ordinance shall mean and include collectively the Initial Series 2004 Bond, the term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Series 2004 Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated May 1, 2004, in the denomination and aggregate principal amount of $ numbered R- 1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Series 2004 Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 2 (b) The Initial Series 2004 Bond (i) may and shall be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Series 2004 Bond shall be payable, ail as provided, and in the manner required or indicated, in the FORM OF INITIAL SERIES 2004 BOND set forth in this Ordinance. Section 4. iNTEREST. The unpaid principal balance of the Initial Series 2004 Bond shall bear interest from the date of each Initial Series 2004 Bond to the respective scheduled due dates, or to the respec- tive dates of prepayment or redemption, of the installments of principal of the Initial Series 2004 Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL SERIES 2004 BOND set forth in this Ordinance. Section 5. FORM OF INITIAL SERIES 2004 BOND. The form of the Initial Series 2004 Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Series 2004 Bond, shall be substantially as follows: FORM OF INITIAL SERIES 2004 BOND NO. R-1 $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BOND SERIES 2004 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of (. DOLLARS) in annual installments of principal due and payable on December 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE(%) YEAR AMOUNT RATE(%) 2005 $ 2015 $ 2006 2016 BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 3 2007 2017 2005 2015 2009 2019 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 Interest shall first be due and payable on December 1, 2004, and semiannually on each June 1 and December 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE iNSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of JPMORGAN CHASE BANK, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 4 THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $. for the purpose of (a) refunding the City's outstanding revenue bonds described in Schedule I to the Bond Ordinance (the "Refunded Bonds") in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of this Bond. ON JUNE 1, 2014, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Boolcs of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initialregistered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 5 AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 6 THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of ail outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual signature or facsimile of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated May 1, 2004. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters City Secretary, City of Denton, Texas (CITY SEAL) Euline Brock Mayor, City of Denton, Texas (BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this (COMPTROLLER'S SEAL) Comptroller of Public Accounts of the State of Texas BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 7 Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the Austin, Texas, corporate trust office of JPMORGAN CHASE BANK (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Boolcs the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Boolcs during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Boolcs confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Boolcs only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE SERIES 2004 BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 8 as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Boolcs at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchange or Replacement; Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE SERIES 2004 BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 9 applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. The Initial Bond issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYiNG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK Paying Agent/Registrar Dated By. Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 10 above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE SERIES 2004 BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified banlc, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified banlc, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 11 Section 7. FORM OF SUBSTITUTE SERIES 2004BOND. The form of all Series 2004 Bonds issued in conversion and exchange or replacement of any other Series 2004 Bond or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Series 2004 Bonds, and the Form of Assignment to be printed on each of the Series 2004 Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE SERIES 2004 BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDiNG BOND SERIES 2004 iNTEREST MATURITY ORIGINAL DATE RATE DATE OF ISSUE CUSIP NO. % MAY 1, 2004 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to , or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon from May 1, 2004, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being first due and payable on December 1, 2004, and semiannually on each June 1 and December 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE PRINCIPAL OF AND iNTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the Dallas, Texas, corporate trust office of JPMORGAN CHASE BANK, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 12 on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Boolcs kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corpor- ate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinl~ing Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. 1N THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banldng institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banldng institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds initially dated May 1, 2004, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $. for the purpose of (a) refunding the City's outstanding revenue bonds described in Schedule I to the Bond Ordinance (the "Refunded Bonds") in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of the Bonds. ON JUNE 1, 2014, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 13 registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date and to major securities depositories, national bond rating agencies and bond information services; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integralmultiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF 1N ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, ail in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for ail purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 14 denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, ail in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to matur- ity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that ail acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of ail outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 15 IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. ATTEST: CITY OF DENTON, TEXAS By: By:. Jennifer Walters City Secretary, City of Denton, Texas (CITY SEAL) Euline Brock Mayor, City of Denton, Texas FORM OF PAYiNG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated JPMORGAN CHASE BANK Paying Agent/Registrar Authorized Representative (BOND INSURANCE LEGEND, IF ANY) BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 16 FORM OF ASSIGNMENT: AS SIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to / / (Assignee's Social Security or Taxpayer Identification Number) (print or typewrite Assignee's name and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Boolcs with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. Registered Owner NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of this Certificate in every particular without alteration or enlargement or any change whatsoever. Section 8. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas. (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall mean collectively the Initial Bond as defined and described in Section 2 of this Ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, issued pursuant to and as provided in this Ordinance. (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Revenue Bonds, Series 1992, authorized by ordinance passed on March 3, 1992 (the "Series 1992 Bonds"), (ii) the outstanding City of Denton Utility System Revenue Bonds, Series 1993, authorized by ordinance passed on March 16, 1993 (the "Series 1993 Bonds"), (iii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), (iv) the outstanding City of Denton Utility System Revenue Bonds, Series 1996, BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 17 authorized by an ordinance passed on May 7, 1996 (the "Series 1996 Bonds"), (v) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1996-A, authorized by an ordinance passed on May 7, 1996 (the "Series 1996-A Bonds"), (vi) the outstanding City of Denton Utility System Revenue Bonds, Series 1998, authorized by an ordinance passed on March 24, 1998 (the "Series 1998 Bonds"), (vii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1998A, authorized by an ordinance passed on July 21, 1998 (the "Series 1998A Bonds"), (viii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1998B, authorized by an ordinance passed on August 4, 1998 (the "Series 1998B Bonds"), (ix) the outstanding City of Denton Utility System Revenue Bonds, Series 2000A, authorized by an ordinance passed on April 25, 2000 (the "Series 2000A Bonds"), (x) the outstanding City of Denton Utility System Revenue Bonds, Taxable Series 2000B, authorized by an ordinance passed on April 25, 2000 (the "Taxable Series 2000B Bonds"), (xi) the outstanding City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, authorized by an ordinance passed on April 17, 2001 (the "Series 2001 Bonds"), (xii) the outstanding City of Denton Utility System Revenue Bonds, Series 2002A, authorized by an ordinance passed on April 9, 2002 (the "Series 2002A Bonds"), (xiii) the outstanding City of Denton Utility System Revenue Bonds, Taxable Series 2002B, authorized by an ordinance passed on April 9, 2002 (the "Taxable Series 2002B Bonds") (xiv) the outstanding City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2003, authorized by an ordinance passed on April 1, 2003 (the "Series 2003 Bonds"), and (xv) the Bonds. (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in the future, in accordance with Section 25 of this Ordinance. (f) The term "System" shall mean (1) the City's entire existing waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues, sources, or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created by this Ordinance. (h) The terms "Net Revenues of the System", and "Net Revenues" shall mean all Gross Revenues after deducting therefrom an amount equal to the current expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised by the adoption of appropriate resolutions, are necessary to keep the System in operation and render adequate service to said City and the inhabitants thereof, or such as might be BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 18 necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues". Payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded as expenses of operation and maintenance of the System under this Ordinance. Depreciation and amortization shall not constitute or be regarded as expenses of operation and maintenance of the System. (i) The term "Pledged Revenues" shall mean (1) the Net Revenues, plus (2) the net revenues of the Drainage System, which shall be calculated on the same basis as the Net Revenues of the System, plus (3) any additional revenues, income, or other resources relating to the System which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. (j) The term "year" or "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System. (k) The term "Government Obligations" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry form. thereto. "Drainage System" means the City's entire existing drainage system and all facilities related (m) "Rate Stabilization Fund" means the City's separate Rate Stabilization Fund established for the purpose of stabilizing rates for ratepayers. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the City of Denton Revenue Refunding Bonds, Series 1983 (the "Series 1983 Bonds"); and it is hereby determined, declared, and resolved that all of the Parity Bonds (including the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 through 28, of this Ordinance are supplemental to and cumulative of Sections 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 29 of this Ordinance being applicable to ail of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and maintenance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 19 Additional Bonds. The Parity Bonds and any Additional Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon receipt, unless otherwise provided in this Ordinance. All current expenses of operation and maintenance of the System shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. Before making any deposits hereinafter required to be made from the System Fund, the City shall retain in the System Fund at all times an amount at least equal to one-sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the System. Section 11. iNTEREST AND SiNKING FUND. For the sole purpose of paying the principal of and interest on ail Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from ail other funds of the City, a separate fund to be entitled the "City of Denton Utility System Revenue Bonds Interest and Sinking Fund" (the "Interest and Sinking Fund"). Section 12. RESERVE FUND. There heretofore has been, and is hereby, created, and there shall be established and maintained at JPMorgan Chase Bank, and hereafter, at the option of the City, established and maintained at any time at any national bank having a capital and surplus in excess of $25,000,000, a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds when and to the extent the amounts in the Interest and Sinking Fund available for such payment are insufficient for such purpose, and may be used for the purpose of finally retiring the last of any Parity Bonds or Additional Bonds. Section 13. EXTENSION AND IMPROVEMENT FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from ail other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improvements, enlargements, extensions, additions, replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replacements of the System for which System funds are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the System for which System funds are not otherwise available, or for any other lawful purpose. Section 14. EMERGENCY FUND. There is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). The Emergency Fund shall be used for the purpose of paying unexpected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the Extension and Improvement Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of the City the amount of $250,000. All investment interest income from the Emergency Fund shall be transferred to the System Fund as received. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 20 Section 15. DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement Fund, and other funds when and as required by this Ordinance and any ordinance authorizing the issuance of Additional Bonds. Section 16. iNVESTMENTS. Money in any Fund established pursuant to this Ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be invested in Government Obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in obligations of instrumentalities of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banlcs, Government National Mortgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, Federal Housing Association, or Participation Certificates in the Federal Assets Financing Trust; provided that all such deposits and investments shall be made in such manner as will, in the opinion of the City, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United States Treasury Obligations--State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments immediately shall be credited to, and any losses debited to, the Fund from which the deposit or investment was made, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to prevent any default in connection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18. PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND. That the City shall make the deposits and payments from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priorities, respectively: First, to the Interest and Sinking Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; then Second, to the Reserve Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; then Third, to the Extension and Improvement Fund, when and as required by Section 21 of this Ordinance. Section 19. iNTEREST AND SiNKING FUND REQUIREMENTS. The City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest and any premium received from the sale of the Initial Bond, and on or before the 25th day of each month, the City shall cause to be deposited to the credit of the Interest and Sinldng Fund, in approximately equal monthly payments, amounts sufficient, BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 21 together with any other funds on hand therein, to pay all of the interest or principal and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption requirement, together with other lawfully available funds of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date. The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government Obligations which is in excess of $3,000,000 and which is at least equal to the average annual principal and interest requirements of the outstanding Series 1992 Bonds, the Series 1993 Bonds, the Taxable Series 1993-B Bonds, the Series 1996 Bonds, the Series 1996-A Bonds, the Series 1998 Bonds, the Series 1998A Bonds, the Series 1998B Bonds, the Series 2000A Bonds, the Series 2000B Bonds, the Series 2001 Bonds, the Series 2002A Bonds, the Taxable Series 2002B Bonds, and the Series 2003 Bonds (the current "Required Reserve Amount"). Following the issuance and delivery of the Initial Bonds the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual principal and interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, however, that the Required Reserve Amount shall never be less than $3,000,000 if the maximum annual principal and interest requirements on all outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bond there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Bond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the Required Reserve Amount for all then outstanding Parity Bonds. After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and immediately after the delivery of any installment or issue of Additional Bonds shall be funded, within not more than five years from the date of such delivery, by deposits of Pledged Revenues in approximately equal monthly installments on or before the 25th day of each month. Principal amounts of the Parity Bonds and any Additional Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calculating principal and interest requirements on such bonds. When and so long as the amount in the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund; but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues in the System Fund, and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1/60th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Required Reserve Amount to be deposited to the credit of the Interest and Sinldng Fund. Section 21. EXTENSION AND IMPROVEMENT FUND REQUIREMENTS. During each year, subject and subordinate to making the required deposits to the credit of the Interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 22 Pledged Revenues in the System Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following: the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attributable to (i) ail fuel costs related to the production of electric energy by the City and/or (ii) the purchase of electric energy by the City. Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as permitted by Section 22 (b) hereof, but no such additional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section 22. RATE STABILIZATION FUND. (a) In each fiscal year, the City hereby agrees to transfer the Transfer Amount (as defined below) from the Rate Stabilization Fund into the System Fund for the purpose of paying the current expenses of operation and maintenance of the System and pledges such Transfer Amount to the payment of the Bonds, all Parity Bonds and any Additional Bonds. (b) The Transfer Amount shall be an amount of moneys and investments contained in the Rate Stabilization Fund equal to the amount for each fiscal year of the City that will, when added to the otherwise expected Pledged Revenues for that fiscal year, produce an amount of Pledged Revenues during such fiscal year at least equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Bonds, Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Bonds, Parity Bonds and Additional Bonds. (c) The Transfer Amount will be calculated and reflected in the annual budget for each fiscal year and will, on the first day of such fiscal year, be transferred from the Rate Stabilization Fund into the System Fund. Section 23. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Reserve Fund, such deficiency shall be made up as soon as possible from the next available Pledged Rev- enues. (b) Subject to making the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City for any lawful purpose. Section 24. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before December 1, 2004, and semiannually on or before each June 1 and December 1 thereafter while any of the Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the same matures and comes due, or to redeem the Parity Bonds or Additional Bonds prior to maturity, either upon mandatory redemption or at the option of the City. At the direction of the City the Paying Agents shall either deliver paid Parity Bonds and Additional Bonds, and any interest coupons appertaining thereto, to the City or destroy ail paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate certificate of cancellation or destruction. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 23 Section 25. FINAL DEPOSITS. (a) Any Parity Bond or Additional Bond shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Ordinance when payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Additional Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government Obligations. (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City or deposited as directed by the City. Section 26. ADDITIONAL BONDS. (a) The City shall have the right and power at any time and from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or Additional Bonds, or other obligations. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Ordinance, shall be payable from and secured by an irrevocable first lien on and pledge of the Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additional Bonds. (b) The principal of ail Additional Bonds must be scheduled to be paid or mature on December 1 of the years in which such principal is scheduled to be paid or mature. Section 27. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall be issued only in accordance with this Ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: (a) The Mayor of the City and the City Secretary sign a written certificate to the effect that the City is not in default as to any covenant, condition, or obligation in connection with all then outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An independent certified public accountant, or independent firm of certified public accountants, acting by and through a certified public accountant, signs a written certificate to the effect that, in his or its opinion, during either the next preceding fiscal year, or any twelve consecutive calendar month period out of the 18-month period immediately preceding the month in which the ordinance authorizing the BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 24 issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (i) 1.25 times an amount equal to the average annual principal and interest requirements, and (ii) 1.10 times an amount equal to the principal and interest requirements during the fiscal year during which such requirements are scheduled to be the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. It is specifically provided, however, that in calculating the amount of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the rates or charges for services of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public accountant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal to the aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if such in- creased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds. Section 28. GENERAL COVENANTS. The City further covenants and agrees that in accordance with and to the extent required or permitted by law: (a) Performance. It will faithfully perform at all times any and all covenants, undertaldngs, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bond; that it will promptly pay or cause to be paid the principal of and interest on every Parity Bond and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinldng Fund and the Reserve Fund; and any holder of the Parity Bonds or Additional Bonds may require the City, its officials, and employees, to carry out, respect, or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, by ail legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. (b) City's Legal Authority. The City is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and Additional Bonds; that ail action on its part for the creation and issuance of the said obligations has been or will be duly and effectively taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (c) Title. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 25 and Additional Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Parity Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such fights. (d) Liens. The City will from time to time and before the same become delinquent pay and discharge ail taxes, assessments, and governmental charges, if any, which shall be lawfully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) Operation of System; No Free Service. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the System in good condition, repair, and working order, ail at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalities, lessors, or concessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumentalities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 23(b) hereof. (f) Further Encumbrance. While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordi- nate in ail respects to the liens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing the issuance of Additional Bonds; but the right of the City to issue revenue bonds payable from a subordinate lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 23(b) hereof). (g) Sale, Lease or Disposal of Property_. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell, lease, mortgage, demolish, remove or otherwise dispose of at any time and from time to time any property or facilities constituting part of the System only if (A) the City Council shall determine, as evidenced by a resolution to that effect, such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or the City Council shall determine, as evidenced by a resolution to that effect, the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceed $250,000 the City Council shall determine, as evidenced by a resolution to that effect, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future fiscal year with the covenant of the City set forth in Section 28(i) of this Ordinance. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the sale or efficient operation of the System shall forthwith, at the option of the City, (i) to be used to redeem or purchase Parity Bonds or Additional BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 26 Bonds, (ii) otherwise be used to provide for the payment of Parity Bonds or Additional Bonds or (iii) be used for any other lawful purpose. (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation of the System by the City and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Parity Bonds or Additional Bonds under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City Council shall determine, as evidenced by a resolution to that effect, that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. (h) Insurance. (1) The City shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. All insurance premiums shall be paid as an expense of operation of the System. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required. (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state whether or not all insurance premiums upon the insurance policies to which reference is made have been paid. (i) Annual Budget and Rate Covenant. The City shall prepare, prior to the beginning of each fiscal year, an annual budget, in accordance with law, reflecting an estimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary (1) to produce Gross BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 27 Revenues sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. (j) Records. The City shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to this Ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder, provided, that all books, documents, and vouchers relating to the City's electric system shall be made available for inspection only to the extent required by law, including, without limitation, the provisions of Section 552.133 of the Texas Government Code. To the extent consistent with the provisions of this Ordinance, the City shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices. (k) Audits. After the close of each fiscal year while any of the Parity Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspec- tion of the Bondholders and their agents and representatives at all reasonable times. (1) Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and maintenance of the System. (m) No Competition. It will not operate, or grant any franchise or, to the extent it legally may, permit the acquisition, construction, or operation of, any facilities which would be in competition with the System, and to the extent that it legally may, the City will prohibit any such competing facilities. (n) No Arbitrage. The City covenants to and with the purchasers of the Parity Bonds and any Additional Bonds that no use will be made of the proceeds of any of such bonds at any time throughout the term of any of such bonds which, if such use had been reasonably expected on the date of delivery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Code and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of all such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds within the meaning of the aforesaid Code, or any regulations pertaining thereto. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 28 Section 29. AMENDMENT OF ORDiNANCE. (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Parity Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Parity Bonds or Additional Bonds so as to: (1) Make any change in the maturity of the outstanding Parity Bonds or Additional Bonds; (2) Reduce the rate of interest borne by any of the outstanding Parity Bonds or Additional Bonds; (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Parity Bonds or Additional Bonds, or impose any conditions with respect to such payment; Affect the rights of the holders or owners of less than all of the Parity Bonds and Additional Bonds then outstanding; (6) Change the minimum percentage of the principal amount of Parity Bonds and Additional Bonds necessary for consent to such amendment. (b) If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial publication of general circulation in The City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by ail holders or owners of Parity Bonds and Additional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the holders or owners of at least 51% in aggregate principal amount of ail Parity Bonds and Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance in substantially the same form. (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and ail future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 29 (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of one year from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond during such period. Such consent may be revoked at any time after one year from the date of the first publication of such notice by the holder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying agents and the City, but such revocation shall not be effective if the holders or owners of 51% in aggregate principal amount of the then outstanding Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which are in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certificate executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until written notice to the contrary is served upon the City. The ownership of ail registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 30. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 30 anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1201, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 31. COVENANTS REGARDiNG TAX-EXEMPTION. The Issuer covenants to refrain from any action which would adversely affect, and to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141 (b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 14 l(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141 (c) of the Code; (d) to refrain from talcing any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141 (b) of the Code; (e) to refrain from talcing any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 31 (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1 (b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. The Issuer covenants to comply with the covenants contained in this section after defeasance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 32. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 32 in accordance with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The Issuer agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 33. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed of in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 34. iNTEREST EARNiNGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Bonds, other than proceeds deposited in the Interest and Sinking Fund and the Reserve Fund, shall be used along with other available proceeds for improving the System; provided that after completion of the improvements if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to the Covenants Regarding Tax-Exemption herein so as to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Ordinance. Section 35. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND iNSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bonds issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending their delivery and the investigation, examination, and approval by the Attorney General of the State of Texas, and the registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bonds. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and ail other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 33 Section 36. SALE OF iNITIAL BOND; BOND INSURANCE. The Initial Bond is hereby sold and shall be delivered to ., in accordance with the Bond Purchase Agreement dated the date of this meeting and presented to the City Council of the City at this meeting. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Bond Purchase Agreement in the form and substance submitted at this meeting. The Bonds shall be insured by (the "Insurer") and shall, to the extent not in conflict with this Ordinance, be subject to the insurance commitment from the Insurer to the Issuer. Section 37. OFFICIAL STATEMENT. An Official Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Bonds and the Bonds, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are true and correct in all material respects, to the best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated April __, 2004, prior to the date hereof is hereby ratified and approved. Section 38. REFUNDiNG OF REFUNDED BONDS. Concurrently with the delivery of the Initial Bonds the Issuer shall deposit an amount from the proceeds from the sale of the Initial Bonds with JPMorgan Chase Bank, as Escrow Agent, sufficient, together with other available amounts, to refund all of the Refunded Bonds in accordance with Chapter 1207, Texas Government Code, as amended. The Issuer hereby authorizes the execution of the Escrow Agreement dated as of May 1, 2004 between the Escrow Agent and the Issuer. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Escrow Agreement in the form and substance presented to this meeting. It is hereby found and determined that the refunding of the Refunded Bonds is advisable and necessary in order to restructure the debt service requirements and procedures of the Issuer, and that the debt service requirements on the Bonds will be less than those on the Refunded Bonds, resulting in a reduction in the amount of principal and interest which otherwise would be payable both on an actual and a present value basis being an actual gross debt service savings of approximately $. , and a present value debt service savings of approximately $ Section 39. REDEMPTION OF REFUNDED BONDS. There is attached hereto as Exhibit B and made a part hereof for all purposes a notice of redemption for the Refunded Bonds, which Refunded Bonds are hereby called for redemption, and shall be redeemed, prior to their scheduled maturities, on the date, at the place, and at the price, set forth therein; the Issuer shall cause the appropriate notices of such redemption to be given in accordance with the requirements of the respective proceedings authorizing the issuance of such Refunded Bonds; and due provision shall be made by the Issuer in accordance with law for the payment of the redemption price of said bonds by the place of payment (paying agent) for such Refunded Bonds. Section 40. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 34 the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 36 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book- entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 41. COMPLIANCE WITH RULE 15c2-12. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2003, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 37 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 35 document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment 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 Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 36 (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, 1N CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, 1N CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) terms below: Definitions. As used in this Section, the following terms have the meanings ascribed to such "MSRB" means the Municipal Securities Rulemaldng Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 37 Section 42. PROTECTION OF PLEDGE. Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge of the revenues granted by the Issuer under Section 9 of this Ordinance, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the revenues granted by the Issuer under Section 9 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 43. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and ail other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform ail such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer ail such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Official Statement; and the Assistant City Manager/Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bonds or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 44. OPEN MEETiNGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. Section 45. REPEALER. All indentures, ordinances or resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Section 46. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 3 8 PASSED AND APPROVED this the 20th day of April, 2004. Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 39 SCHEDULE I Utility System Revenue Bonds, Series 1992 Principal Principal Original Original Interest Amount Amount Dated Date Maturi _ty Rate Outstanding Refunded 3/1/1992 12/1/2005 6.00% $215,000 $215,000 The 2005 maturity will be redeemed prior to original maturity on December 1, 2004 at par. Utility System Revenue Bonds, Series 1993 Principal Principal Original Original Interest Amount Amount Dated Date Maturi _ty Rate Outstanding Refunded 3/1/1993 12/1/2012 5.00% $ 330,000 $ 330,000 12/1/2013 5.00% 330,000 330,000 The 2012-2013 maturities will be redeemed prior to original maturity on May 26, 2004 at par. Utility System Revenue Refunding Bonds, Series 1996-A Original Dated Date 5/1/1996 Principal Principal Original Interest Amount Amount Maturity Rate Outstanding Refunded 12/1/2012 5.85% $ 1,210,000 $ 1,210,000 12/1/2013 5.90% 1,280,000 1,280,000 12/1/2014 5.95% 1,360,000 1,360,000 12/1/2015 6.00% 1,445,000 1,445,000 12/1/2016 6.00% 1,535,000 1,535,000 12/1/2024 6.00% 16,230,000 16,230,000 The 2012-2024 maturities will be redeemed prior to original maturity on December 1, 2006 at par. Utility System Revenue Bonds, Series 1998 Principal Principal Original Original Interest Amount Amount Dated Date Maturi _ty Rate Outstanding Refunded 3/15/1998 12/1/2010 4.70% 12/1/2011 4.80% 12/1/2012 5.00% 12/1/2013 5.00% 12/1/2014 5.00% 12/1/2015 5.00% 12/1/2016 5.00% 12/1/2017 5.00% $ 360,000 360 000 360 000 355 000 355 000 355 000 355 000 355 000 $ 360 000 360 000 360 000 355 000 355 000 355 000 355 000 355 000 The 2010-2017 maturities will be redeemed prior to original maturity on December 1, 2006 at par. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 EXHIBIT A DESCRIPTION OF ANNUAL FiNANCIAL INFORMATION The following information is referred to in Section 41 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 11, inclusive, under the captions "The Electric System", "The Water System", "The Wastewater System", "Debt Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 EXHIBIT B NOTICE OF PRIOR REDEMPTION THE CITY OF DENTON, TEXAS NOTICE IS HEREBY GIVEN that the City of Denton, Texas has called for redemption the outstanding Bonds of the City described as follows: CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1992, dated March 1, 1992, scheduled to mature on December 1, 2005 in the principal amount of $215,000 (and being all of the outstanding bonds of said series scheduled to mature on December 1, 2005). Call date: December 1, 2004; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of The Bank of New York Trust Company, only upon presentation by the registered owner. CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1993, dated March 1, 1993, scheduled to mature December 1, 2012 through December 1, 2013, aggregating $660,000 (and being all of the outstanding bonds of said series scheduled to mature on December 1, 2012 and December 1, 2013). Call date: July 1, 2004; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of The Bank of New York Trust Company, only upon presentation by the registered owner. If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1986, payors making certain payments due on debt securities may be obligated to deduct and withhold 30 percent of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a taxpayer identification number when surrendering the bonds for redemption. NOTICE IS FURTHER GIVEN that all Bonds described above should be submitted to the following address: The Bank of New York 111 Sanders Creek Park~vay East Syracuse, New York 13057 Attn: Helen Scanlon THE BANK OF NEW YORK TRUST COMPANY, NA. BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 NOTICE OF PRIOR REDEMPTION THE CITY OF DENTON, TEXAS NOTICE IS HEREBY GIVEN that the City of Denton, Texas has called for redemption the outstanding Bonds of the City described as follows: CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1996-A, dated May 1, 1996, scheduled to mature on December 1, 2012 through December 1, 2016 and on December 1, 2024, aggregating $23,060,000 (and being all of the outstanding bonds of said series scheduled to mature on and after December 1, 2012 to and including December 1, 2024). Call date: December 1, 2004; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, only upon presentation by the registered owner. CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1998, dated March 15, 1998, scheduled to mature on December 1, 2010 through December 1, 2017, aggregating $2,855,000 (and being all of the outstanding bonds of said series scheduled to mature on and after December 1, 2010 to and including December 1, 2017). Call date: December 1, 2004; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, only upon presentation by the registered owner. If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1986, payors making certain payments due on debt securities may be obligated to deduct and withhold 30 percent of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a taxpayer identification number when surrendering the bonds for redemption. NOTICE IS FURTHER GIVEN that all Bonds described above should be submitted to the following address: JPMorgan Chase Bank Atm: JPMORGAN CHASE BANK BRIZ: 0705.063 -DENTON-REV-REF-2004\4-7-2004-Rev-Ref-Ordinance April 7, 2004 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: CM: Economic Development Mike Conduff SUBJECT Receive a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2004 Action P/an for Housing and Community Development and give staff direction. BACKGROUND 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 Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. This year it will also serve as the City's application for HUD's new American Dream Downpayment Initiative program. In 2000, using a process with extensive input from citizens and local non-profit organizations, staff developed Denton's Consolidated P/an 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 2004 Action Plan represents the fifth year in the City's five-year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in November and December 2003. 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 2004 Action Plan using these recommendations. Administration and American Dream Downpayment Initiative activities are also included in the Action Plan. Please refer to your 2004 Action Plan for additional information and minutes of the CDAC and HSAC meetings. ESTIMATED PROJECT SCHEDULE Public comment period CDAC & HSAC presentation to City Council Public Hearing Action Plan approval April 1 through April 30 April 20, 2004 April 20, 2004 May 4, 2004 Submission of Action Plan to HUD HUD release of funds & program initiation June 15, 2004 August 1, 2004 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing, infrastructure and economic development funding. CDAC recommended $1,322,084 in funding for 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 2004 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 allocated $153,963 in CDBG funding to various programs. FISCAL INFORMATION All projects and programs approved under the 2004 Action Plan are funded through CDBG, HOME or the American Dream Downpayment Initiative program. No general fund dollars are included in the proposed Action Plan activities. Some general funds may be requested for program administration. EXmBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. 2004 Action Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2004 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS APPLICATIONS FUNDING Available REQUEST $731,932 $590,152 NON-PROFIT: DAY CARE BUILDING RENOVATION $23,340.00 $9,400.00 $0.00 ENG. DEPT. CRESCENT SEWER LINE $108,386.00 $108,386.00 $0.00 PHA PHOENIX APARTMENT DEMOLITION $250,000.00 $100,000.00 $0.00 NON-PROFIT: COMMUNITY CENTER ADDITION $25,000.00 $25,000.00 $0.00 PARD MLK PLAYGROUND $40,000.00 $25,000.00 $0.00 PARD AMERICAN LEGION BREEZEWAY $19,000.00 $19,000.00 $0.00 NON-PROFIT: FOOD PANTRY FACILITY CONST $61,806.00 $0.00 $0.00 COM. DEV. MINOR REPAIR PROGRAM $99,000.00 $99,000.00 $0.00 COM. DEV. MICROENTERPRISE LOAN PROGRAM $30,000.00 $19,303.00 $0.00 TOTAL FUNDING RECOMMENDED $1,893,255 $731,932 $590,152 CDBG AND HOME FUNDS AVAILABLE $1,322,084 $731,932 $590,152 Shaded requests are HOME eligible activities 2003 Human Services Funding Applicants I The shaded boxes are agencies with awards from C.D.B.G. Funds 2004-2005 2004-2005 Agency Service Beneficiaries 2002-2003 2003-2004 Request Recommendation 1 Adult Day Care of North Texas Elderly, Developmentally Disabled $9,000 $9,000 $0 $0 2 AIDS Services of North Texas Persons Affected by HIV/AIDS '15,500 $15,000 $20,000 $16,000 3 Boys & Girls Clubs of Denton Co.-Youth School Aged At Risk Youth '1,000 $16,068 $0 4 Boys & Girls Clubs of Denton Co.-Teen Young Adults At Risk $10,790 $0 5 Campfire School Aged At Risk Youth $30,463 $0 6 CASA Abused Youth Needing Placement $8,000 $8,000 $10,000 $10,000 7 Children's Advocacy Center Youth-Victims of Abuse, Sexual Assault '10,350 $9,650 $12,000 $12,000 8 City of Denton- After School Action School Aged Youth/Disabled Youth $17,000 $17,000 $27,500 $16,600 Site/TRAC 9 City of Denton -King's Kids Day Kamp School Aged at Risk Youth $19,800 $19,800 $28,366 $20,000 10 City of Denton - Owsley Summer School Aged At Risk Youth $19,500 $19,500 $23,187 $22,000 Playground 11 Communities in Schools School Aged At Risk Youth $8,000 $0 12 Community Food Center Needy Families, Individuals $3,000 $3,000 $3,000 $3,000 13 Cumberland Children's Home Families Needing Transitional Housing *$6,500 $10,000 $5,000 14 Denton Christian Preschool Preschool Youth *30,500 $30,000 $31,200 $31,200 15 Denton City-Co. Day School Preschool Youth *35,350 $35,000 $38,000 $38,000 16 Denton Co. Federation of Families Youth with Special Needs $25,000 $0 17 Denton Co. Friends of the Family Victims of Relationship Violence *36,500 $32,400 $45,000 $35,000 18 Denton County MHMR (SIERRA) Adultswith Mental Illnesses $9,000 $9,000 $14,700 $9,000 19 Denton Family Resource Center All Families '8,150 $7,650 $10,000 $10,000 20 DISD- After School Program School Aged Youth $16,500 $0 21 Fairhaven Retirement Home Elderly $7,500 $8,880 $8,880 22 Family Health Care, Inc. Indigent Pregnant Women $30,000 $30,000 $30,000 $30,000 23 Fred Moore Day Nursery Preschool Youth, Infants *39,300 $39,000 $45,000 $43,000 24 HelpNET Needy Families, Service Agencies $22,500 $22,500 $0 $0 25 HOPE, Inc. Homeless, Potentially Homeless *30,500 $30,000 $31,000 $31,000 26 Habitat For Humanity Households Assisted by HFH $25,110 $0 25 Interfaith Ministries Persons Needing Utilities Assistance '17,750 $17,250 $18,250 $18,250 28 Owsley Comm. School - Adult Educ. Youth, Families living in Owsley addition $14,750 $14,750 $0 $0 29 Our Daily Bread Homeless, Potentially Homeless '1,500 30 Owsley Comm. School - After School School Aged At Risk Youth $13,000 $13,000 $14,830 $14,000 31 REACH Persons with Disabilities *$6,000 $0 $0 32 Riding Unlimited Persons with Disabilities $825 $1,500 $1,500 33 RSVP Elderly $7,400 $7,400 $10,000 $10,000 34 Salvation Army Homeless Individuals, Families $15,000 $15,000 $25,000 $17,000 35 Singing Oaks Church of Christ Homeless Individuals, Families $25,000 $12,500 36 Sickle Cell Disease Association Families Impacted by Sickle Cell $4,500 $4,500 $8,000 $8,000 37 SPAN Elderly $29,000 $29,000 $30,000 $30,000 38 Walking Prayer Clubs School Aged Youth $68,300 $0 I 39 Woman to Woman School Aged Youth $37,000 $0 Annual Totals without Discretionary Funding $ 449,675 $ 437,400 $ 757,643.53 $ 451,930 Annual Totals including Discretionary Funding $ 468,675 *A portion or the total allotted award to these agencies funds were from discretionary funds per City Council request. It should be noted that agencies were given a two year period to expend some of the discretionary funds allotted; however, all of the funds were expended during the 2002-2003 contract year. General Fund Recommendation $ 297,967.00 C.D.B.G. Recommendation $ 153,963.00 Total $ 451,930.00 Note: In the 2004-2005 Recommendations, the amount recommended for Interfaith includes $1,363 from C.D.G.B. and $16,887 from general fund. 1 CITY OF DENTON -YEAR ACTION PLAN 2004 Program year Housing Park Facilities Public Improvements Human Services ;for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Submitted to Denton City Council on April 20, 2004 www.cit¥ofdenton.com ADA/E OE/ADEA mo Bo TABLE OF CONTENTS Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 2 4. Citizen Participation ..................................................................................................... 2 5. Amendments ................................................................................................................. 3 Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities Do 1. Summary ....................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ......................................................................................... 17 CP Strategies and Proposed Projects ................................................................................ 18 1. Housing Strategies ...................................................................................................... 18 2. Continuum of Care Strategies .................................................................................... 20 3. Lead-Based Paint Strategies ....................................................................................... 23 4. Human Services Strategies ......................................................................................... 24 5. Infrastructure & Public Facilities Strategies .............................................................. 25 6. Demolition Strategies ................................................................................................. 26 7. Anti-Poverty & Economic Development Strategies .................................................. 26 E. Proposed Project Map ...................................................................................................... 27 F. Other Program Requirements Go 1. HOME- Forms of Investment ................................................................................... 28 2. HOME - Tenant-Based Rental Assistance ................................................................ 28 3. American Dream Downpayment Initiative - Targeting ............................................. 29 4. Monitoring Standards and Procedures ...................................................................... 29 5. Public Housing Improvements ................................................................................... 30 6. Public Housing Resident Initiatives ........................................................................... 30 7. Institutional Structure ................................................................................................. 32 Certifications .................................................................................................................... 32 Minutes 1. Public Hearings on November 17, 2003 .................................................................... 37 2. Public Hearing on December 8, 2004 ........................................................................ 41 3. Public Hearing on April 20, 2004 .............................................................................. 43 4. 30-day Comment Period ............................................................................................. 43 5. Community Development Advisory Committee Minutes .......................................... 44 6. Human Services Advisory Committee Minutes ......................................................... 53 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2004 Action Plan for the Community Developmem Block Gram (CDBG), HOME Investmem Partnership (HOME) Programs and the American Dream Downpaymem Initiative (ADDI). In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Developmem Act of 1974, as amended, the City of Demon is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2004 Program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Demon's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were idemified in 2000 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, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanem Housing w and w/o Supportive Services), and Support Services; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Development of additional childcare, Improvement of health care services, Cominue work with Cominuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, 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. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2004 CDBG allocation is $1,026,421, the HOME allocation is $620,722 and the ADDI allocation is $51,438. A total of $87,000 in program income is projected for the 2004 Program year. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of DeMon's local match for the HOME program is $138,788. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of DeNon will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. Denton County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. o 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 2004 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held November 17th and December 8th . The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2004 funds should be spem. At least one of the public hearings was held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. 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 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 governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2004 Action Plan process, one public hearing will be scheduled on April 20, 2004 during a City Council Meeting to give citizens the opportunity to commem on the 2004 proposed projects and activities. See page 44 for minutes of the public hearings. Page 2 AMENDMENT o 2003 Action Plan for Housing and Community Developmem: The City of Demon has also amended the 2003 Action Plan for Housing and Community Development. The amendmem would allow the City of Demon to reallocate $23,158 in CDBG funds. The 2003 Action Plan included $23,158 in CDBG funds for the construction of sidewalks on Bradshaw Street, however, other funds were utilized to complete the project. Since the funds were no longer needed for the construction of the sidewalks, funds were reallocated to the Home Improvemem Program, an existing program, and the Sidewalk Project was cancelled. o 2000-2004 Consolidated Plan for Housing and Community Developmem: The City of DeNon has also amended the 2000-2004 Consolidated Plan for Housing and Community Developmem to address the use of American Dream Downpaymem Initiative (ADDI). During the 2004 program year, the City of DeNon received funds from the American Dream Downpayment Imitative, a new component under the HOME Investment Partnerships Program. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single- family homes by providing funds for downpaymem, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of DeNon plans to utilize the ADDI funds under its currem Homebuyer Assistance Program, which is curremly using CDBG and HOME funds to assist first time homebuyers with down paymem and closing costs. 2004 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG $1,026,421 ESG $0 HOME with ADDI funds $672,160 HOPWA $0 Total $1,698,581 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG ESG HOME HOPWA Total Total Estimated Program Income $23,158 $0 $0 $0 $23,158 Page 3 CDBG Loan Repaymems HOME Loan Repaymems Total Section 108 Loan Guaramee Fund Total Funding Sources Other Funding Sources City of DeNon - General Funds City of DeNon - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $52,000 $35,000 $0 $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $87,000 $1,808,739 $8,323,026 $1,808,739 $0 Page 4 APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Armlic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas I Zip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) · · Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Deoartment of HousinQ & Urban Develooment 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-218 TITLE (Name of Program): Housing rehabilitation, minor repair, sewer Community Development Block Grant .mprovements, improvements to public facilities, new 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): construction, homeowner~hin a~i~tance, nrovi~ion of City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $1,026,421 .°° a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 PROCESS FOR REVIEW ON c. State $0 .u" DATE: d. Local $0?" b. No. X PROGRAM IS NOT COVERED BY E. ©. 12372 e. Other: American Dream $0 Downpayment Initiative ~j ORFoRPROGRAMREviEW HAS NOT BEEN SELECTED BY STATE f. Program Income $52~000.°° 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $71,078,421 .°° LJ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Page 5 A APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 1, TYPE OF SUBMISSION: 3, DATE RECEIVED BY STATE State Application Identifier Armlic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas I Zip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton,com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) · · Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of HousinQ & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-239 TITLE (Name of Program): Housing rehabilitation, assistance to CHDO, HOME Investment Partnership Program homeownership assistance, new construction and 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): nrooram administration. City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $620,722.uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 'u~ PROCESS FOR REVIEW ON c. State $0 .~ DATE: d. Local $0?u b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $51,438.°° ½ OR PROGRAM HAS NOT BEEN SELECTED BY STATE Dnwnn2vmc, nf Inifi2fiv¢, FOR RF\/IF\N f. Program Income $35,000.uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $707,160 ?" ~J Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative .=. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. x-xx) Prescribed bv OMB Circular A-102 Page 6 2004 PROJECTS/ACTIVITIES SUMMARY The City of DeMon's total federal and program income funding for 2004 is $1,808,739 (includes $23,158 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 16 and is arranged by alphabetically order. See the following list of CDBG, HOME and ADDI proposed projects and activities for their assigned page number: Page #1 Project Name CDBG/HOME/ADDI 8 AIDS Services of North Texas $16,000 8 American Legion Breezeway Project $19,000 8 CDBG Administration $215,684 9 Crescem Sewer Line Project $108,386 9 Cumberland Presbyterian Children's Home $350,000 9 DeNon Affordable Housing Corp - AHOP Program $140,000 10 DeNon City County Day School Renovations $9,400 10 Family Health Care, Inc. $30,000 10 Habitat for Humanity of Demon County $25,000 11 HOME Administration $65,570 11 Home lmprovemem Program $330,555 11 Homebuyer Assistance Program $51,438 12 HOPE, Inc. $31,000 12 Imerfaith Ministries $1,363 12 Microemerprise Loan Program $19,303 13 Minor Repair Program $99,000 13 MLK Playground Equipmem $25,000 13 Owsley Community Cemer Addition $25,000 14 PARD: After School Action Site/TRAC $16,600 14 PARD: King's Kids Day Kamp $20,000 14 PARD: Owsley Summer Playground Program $22,000 15 Phoenix Apartmem Demolition $100,000 15 ReNal Rehabilitation Program $49,000 15 Salvation Army $17,000 16 Tenant Based Rental Assistance $22,440 Total Funding Allocated to Projects $1,808,739 Funding Available $1,808,739 Unprogrammed Funds I $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2004 program year with CDBG, HOME and ADDI funds: AIDS SERVICES OF NORTH TEXAS - $16,000 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) Priority: Special Needs/Non Homeless Citation: 570.201 (e) Goal: 89 People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 121 Piner, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/04 AMERICAN LEGION BREEWAY PROJECT - $19,000 (CDBG) Installation of a metal, pitched-roof breezeway connecting the existing American Legion Hall building to the newly constructed Annex at 629 Lakey Street. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreational Facilities Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~] Homeless ~] HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: Address - 629 Lakey, Denton Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 Page 8 CDBG ADMINSTRATION - $212,684 (CDBG) 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. HUD Matrix Code: 2lA General Program Administration Priority: Planning & Administration Citation: 570.206 Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 CRESCENT SEWER LINE PROJECT - $108,386 (CDBG) Replacing a 6" sewer line on Crescent Street and an 8" sewer line from Crescent south to Denton High School. Project will be carried out by the City's Engineering Department HUD Matrix Code: 03J Waster/Sewer Improvements Priority: Infrastructure Citation: 570.201 (c) Goal: 681 People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 20403 BG 1 - 57% LM Start & Completion Date: 10/01/04 - 09/30/05 CUMBERLAND PRESBYTERIAN CHILDREN'S HOME - $350,000 (HOME) Construction of two new duplex (4 units) for the Single Parent Family Program, which provides assistance to homeless or potentially homeless single parents. Project will be located at 1304 Bernard Street and will be carried out by Cumberland Presbyterian Children's Home. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205(a) Goal: 4 housing units Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Private 570.200(c) Location: Address - 1304 Bernard, Denton Texas 76201 Start & Completion Date: 08/01/04 - 08/30/05 Page 9 DENTON AFFORDABLE HOUSING CORP - $140,000 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation Priority: Housing Citation: 92.205 (a) Goal: 27 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipiem: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 DENTON CITY COUNTY DAY SCHOOL RENOVATIONS - $9,400 (CDBG) Public facility improvemems to the DeNon City County Day School, a low-income day care, at 1603 Paisley. Funds will be used to replace the electrical wiring in the school. The project will be carried out by the City of DeNon and DeNon City County Day School. HUD Matrix Code: 03M Child Care Cemers Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 1603 Paisley, Denton Texas 76201 Start & Completion Date: 08/01/04 - 1/31/05 FAMILY HEALTH CARE - $30,000 (CDBG) 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 pregnam women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 10 HABITAT FOR HUMANITY OF DENTON COUNTY - $25,000 (HOME) Funds will be used to purchase a minimum of 2 lots in Denton for the construction of affordable homes for low-income families in Denton. Program will be carried out by Habitat for Humanity of Denton County. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205 (a) Goal: 2 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Private 570.200(c) Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME ADMINSTRATION - $65,570 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) Priority: Planning & Administration Citation: 92.207 (a) Goal: N/A Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME IMPROVEMENT PROGRAM - $277,843 (CDBG) AND $52,712 (HOME) 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. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 CDBG / 92.205 (a) HOME Goal: 5Housing Units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 11 HOMEBUYER ASSISTANCE PROGRAM - $51,438 (ADDI) 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 Community Developmem Division. HUD Matrix Code: 13 Direct Homeownership Assistance Priority: Housing Citation: Goal: 5 Households Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipiem: Local Govemmem Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOPE, INC. - $31,000 (CDBG) Provision of financial assistance and case managemem to families who are homeless and seeking to secure permanent housing. Funds will be used to assist the homeless and potentially homeless families with rem, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 INTERFAITH MINISTRIES - $1,363 (CDBG) Provision of emergency utility bill assistance to low-income residems of Demon. Funds will be used to provide emergency utility assistance for low-income families. Program will be carried out by Interfaith Ministries of Denton, Inc. HUD Matrix Code: 05Q Subsistence Paymems Priority: Public Services Citation: 570.204 Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 12 MICROENTERPRISE LOAN PROGRAM - $19,303 (CDBG) Loan program to promote business expansion by providing loans up to $10,000 to small businesses. Program carried out by the City's Community Development Division. HUD Matrix Code: 18C Micro-Enterprise Assistance Priority: Economic Development Citation: 570.208 (a) (2) Goal: Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MINOR REPAIR PROGRAM - $99,000 (CDBG) 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 Priority: Housing Citation: 570.202 Goal: 20 Housing Units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MLK PLAYGROUND EQUIPMENT PROJECT - $25,000 (CDBG) Installation of an age appropriate playground and shade structure adjacent to the existing playground at the MLK Jr. Recreation Center at 1300 Wilson. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreation Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 1 - 79% LM Start & Completion Date: 08/01/04 - 05/31/05 Page 13 OWSLEY COMMUNITY CENTER ADDITION - $25,000 (CDBG) Acquisition of' a portable classroom building, including set up on site with plumbing, electricity and air conditioning. Funds will also be used to improve covered walkways at 2535 Charlotte Street. HUD Matrix Code: 03E Neighborhood Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 2535 Charlotte, Denton Texas 76201 Start & Completion Date: 08/01/04 - 2/28/05 PARD: AFTER SCHOOL ACTION SITE/TRAC - $16,600 (CDBG) Provision of` after school care to low-income youth at any of`the city's after school action site programs. Funds will be used to provide scholarships for low-income participams and two low- tncome participams with a disability. Program will be carried out by the City of` Demon. HUD Matrix Code: 05D Youth Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Govemmem Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 PARD: KING'S KIDS DAY KAMP - $20,000 (CDBG) Provision of a summer playground targeted to youth in Southeast DeNon. Funds will be used to ~rovide scholarships for low-income participams. Program will be carried out by the City of Denton. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Govemmem Location: Address - 1300 Wilson St., Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 14 PARD: OWSLEY SUMMER PLAYGROUND PROGRAM - $22,000 (CDBG) Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participaNs. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited ClieNele SubrecipieN: Local GovemmeN Location: Address - 1001 Parvin St., Denton Texas 76205 Start & Completion Date: 05/31/04 - 08/31/05 PHOENIX APARTMENT DEMOLITION - $100,000 (CDBG) Demolition of several uninhabitable units at the Phoenix ApartmeNs a 131-unit housing project located at 308 S. Ruddell. Project will be carried out by the Housing Authority of the City of Denton. HUD Matrix Code: 04 Clearance and Demolition Priority: Other Citation: 570.201 (d) Goal: 150 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing SubrecipieN: Private 570.200(c) Location: 308 S. Ruddell, DeNon Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 RENTAL REHABILITATION PROGRAM - $49,000 (CDBG) Rehabilitation of single-family rental units that are available to low and moderate-income families. A combination of deferred and low iNerest payable loans is available to owners. The rehabilitated renal units are made available to low and moderate income households. Program will be carried out by the City's Community DevelopmeN Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 Goal: 2 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing SubrecipieN: Local GovemmeN Location: Community Wide Page 15 Start & Completion Date: 08/01/04 - 07/31/05 SALVATION ARMY - $17,000 (CDBG) Provision of emergency shelter for homeless individuals and families. Funds will be used to pay the salaries of a shelter manager and transitional shelter counselor. Program will be carried out by the Denton Corps of The Salvation Army. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address- 1508 E. McKinney, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 TENANT BASED RENTAL ASSISTANCE - $22,440 (HOME) Rental assistance to special needs households, including elderly and disabled. Funds will be used to provide rental assistance for two-year period. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Priority: Housing Citation: 92.209 Goal: 6 households Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 16 OTHER RESOURCES AVAILABLE Also, during the 2004 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 program. 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 2004. Category / Agency General Funds Other Funds Aging Services Fairhaven Retirement Home $8,880 RSVP $10,000 SPAN, inc. $30,000 Emergency Services: Community Food Center $3,000 interfaith Ministries $16,887 Singing Oaks Church of Christ $12,500 Special Needs Services Cumberland Children's Home $5,000 Riding Unlimited $1,500 Youth, Children & Family Services Children's Advocacy Center $12,000 Court Appointed Special Advocates, Denton Co. $10,000 Denton Christian Preschool $31,200 Denton City Co. Day School $38,000 Denton County Friends of the Family $35,000 Denton Co. MHMR (SIERRA Program) $9,000 Denton Family Resource Center $10,000 Fred Moore Day Nursery School $43,000 Owsley Community School -After School Care $14,000 Sickle Cell Disease Assoc. $8,000 Total $297,967 Page 17 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2004 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 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of rental assistance available to Denton citizens. Encourage the development of self-sufficiency programs that move households off rental subsidies. Encourage and support the rehabilitation of substandard units in the city. Encourage and support the construction of additional affordable rental units. 1)No net loss in the number of units of assistance available from DHA. 2) Collaborative efforts between DHA and the City of Denton to increase available rental subsidies. Initial program objectives would be to move 3 to 5 households per year off rental assistance or other public assistance programs, approximately 20 households over the five-year period. Rehabilitation of 4 to 5 rental units per year. Approximately 25 units over the five-year ~eriod. Production of 50 additional affordable rental units each year, 250 over the five-year period. Support of Denton Housing Authority and funding of Special Needs Tenant Based Rental Assistance Program. Funding HOPE, Inc., Interfaith Ministries, Cumberland Children Home Program and Singing Oaks Church of Christ. Support of Denton Housing Authority. Funding of the City's Rental Rehabilitation Program. Support of Denton Affordable Housing Corp., City of Denton's Impact Fee Grant Waivers, eligible LIHTC Projects and the redevelopment of DHA's Phoenix Apartment Site. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities See Homeownership strategy Encourage and assist low- income renters in Denton to become homeowners. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, Habitat for Humanity. Support of DAHC's Infill New Construction Program and Nevada Court Project. Cominuation of City's New Construction Program with residual funds. Support for DHA's Family Self Sufficiency Program. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding budgeting, home maimenance, saving for major repairs and home cleaning practices. Assist low and moderate-income households with emergency housing repairs and weatherization. Encourage low and moderate- income homeowners to maintain their units up to current City of Denton code standards. Attendance at classes by 10 homeowners each year of the five-year period for a total of 50 homeowners. Average of 15 emergency repairs each year of the five-year period for a total of 75 repairs. Average of 7 units will be brought up to City of Demon building code standards on an annual basis. This will include renovated and reconstructed units. Approximately 35 loans will be provided over the five- year period Funding of City's Home Improvement Program and Homebuyer Assistance Program. Support of the Homeownership classes Funding of Minor Repair Program Funding of Home Improvemem Program HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding homeownership opportunities and responsibilities. 150-200 households participating in homeownership classes each year of the five-year period. Support City's and DAHC's Homeowner-ship classes Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Denton's low and moderate-income renter households. Encourage and support production of affordable units. Move 60 Denton renter households to homeownership each year of the five-year period. Construction of an average of 15 units per year over the five-year period for an estimated total of 75 new units. Funding of City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and Habitat for Humanity. Support of Denton Affordable Housing Corp. - Nevada Court and Continuation of City's Infill New Construction Program with residual funds. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons evicted from rental units or defaulting on mortgages. Support funding targeted toward assistance with rental and utility deposits. Support the Denton Housing Authority's requests for increased subsidies and Section 8 rental assistance vouchers, and increase the number of vouchers allocated to residents. By the third year, provide education to 100% of households receiving housing assistance. Fund an additional $50,000.00 in combined rental and utility deposits. Funding partnerships will be developed with the local housing authority in order to provide additional subsidies and affordable housing units. Support of Consumer Credit Counseling, homeownership classes and DAHC's Nevada Court New Construction. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, HOPE Inc. Funding of Interfaith Ministries, Singing Oaks Church of Christ, HOPE Inc., Salvation Army, Denton County MHMR. Support of Denton Housing Authority CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available services to make access to services more efficient and to address gaps in services. Add at least 15 organizations to the existing service coordination system. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving homeless hh's are educated on available services and taking part in the coordinated efforts. Coordinate funding partnerships to better provide coordinated services and to foster collaborative efforts. Train staff from participating agencies on the service coordination system. Partnerships will be created to increase funding by 50% for services provided to homeless households. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and referral to expedite provision of assistance. Improve intake, assessment and referral to expedite provision of assistance. Add an additional 15 agencies to the service coordination system and provide a central repository of information for improved coordination and intake. Add an additional 15 agencies to the existing service coordination system and link each of these agencies with existing database. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of increased shelter space for families and pregnant women. Work with existing agencies and public officials to determine alternative methods to assist households who have exceeded available shelter tenure. Investigate an emergency shelter for youth and the legal ramifications of such a shelter. Develop and open an emergency shelter by June 2005. Increase assistance to families needing shelter for 5 days to 30 days. Investigate bringing short- term family units to the community. Determine whether a youth shelter should be created in Denton and investigate funding sources, legal barriers, and potential providers. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. Funding of Cumberland Single Parent Transitional Housing Program. Participation in the Denton County Homeless Coalition. Page 21 5-yr Consolidated Plan Strategy 5-yr Consolidated Plan Outcome Measures 1-yr Action Plan Proposed Activities CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for homeless households with special needs. Develop affordable transitional housing units for homeless households. Assist a minimum of 20 additional families over the five years. 75% of total homeless families receiving transitional housing will come from target special needs population. An additional 20 transitional housing units will be developed through the join effort. Funding of HOPE, Inc. and Cumberland Single PareN Transitional Housing Program. Support of HOPE, Inc., DeNon Affordable Housing Corp. and DeNon County Friends of the Family. Funding for the Cumberland Single PareN Transitional Housing Program. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local public policies to support affordable housing and land acquisition. CoNinue to develop affordable housing and more appropriate housing for homeless households. Committee represeNatives will make at least 3 preseNations per year to city officials, local electorate and community leaders regarding affordable housing. Construct or develop of an average of 25 units per year over the five-year period for an estimated total of 125 new units. Participation in the DeNon County Homeless Coalition. Support of DAHC's Nevada Court Project, DeNon Housing Authority and Christian Community Action. CoNinuation of City's Infill New Construction Program with residual funds. Funding of Habitat for Humanity and Cumberland Children's Home. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES CoNinue to develop permaneN supportive housing units for homeless households with special needs. Create at least 15 new permaneN supportive housing units for homeless households with special needs. Support of DeNon Affordable Housing Corp., AIDS Services of North Texas and DeNon County MHMR. Page 22 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service coordination and collaboration among providers to assist clients toward maintaining self- sufficiency. Expand affordable, quality daycare for homeless households. Promote affordable health care and health education for uninsured and underinsured homeless households. Advocate for improved transportation to meet the needs of homeless households An additional 15 service providers will be added to the service coordination computer network, including a minimum of 5 in Lewisville. Additional childcare slots for homeless households will be available. An increase in public-private partnerships will take place. Denton County Homeless Coalition will make recommendations to public officials for improvement in transportation system. Participation in Denton County Homeless Coalition. Continuum of Care Grant. Funding for Fred Moore Day Nursery, City County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care Management System. Participation in the Denton County Homeless Coalition and Human Service Advisory Committee. Participation of Denton County Homeless Coalition. LEAD-BASED PAINT STRATEGIES Educate owners/first-time homebuyers on hazards and safe handling of lead-based paint. Reduce Lead-Based Paint Hazards residential units. 150-200 households participating in the successful homeownership workshops each year of the five-year period. Average of 50 units annually will receive lead-based paint reduction work and clearances. Funding of the ALERT Program, Home Improvement, Minor Repair and Homebuyer Assistance Programs. Funding of Home Improvement, Minor Repair, DAHC's Affordable Housing Opportunity Program and Homebuyer Assistance Programs. Page 23 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities HUMAN SERVICES STRATEGIES Explore various options for the developmem of additional childcare available to low- income households. Improve health care services available to low-income households. HSAC to work with the Demon County Homeless Coalition to focus on programs benefiting persons who are homeless or )otemially homeless Discuss and implemem a strategy to expand the current system of case coordination and centralize information among service providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that includes human services as an essential part of the community's infrastructure. During the five- year period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Evidence of additional child care opportunities; Implememation of voucher program or increase in current assistance levels; and Number of public-private collaborations that take place. Number of public-private collaborations that take place. Information describing effectiveness of the program in Denton and Denton County Positive response from local physicians and an increase in physician providing services to Medicaid-eligible households. Not Applicable. Not Applicable. Not Applicable. Cominue working Human Services Advisory Committee, United Way, CCMS, Fred Moore Day School, Demon Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Cominue working with Human Services Advisory Committee, Family Health Care, United Way, CHIP Coalition, Healthy Communities Task Force and Flow Foundation Participation in the Denton County Homeless Coalition and HMIS development. Cominue working with the Human Services Advisory Committee and the developmem of HMIS. Cominue working with the City of DeNon and Human Services Advisory Committee and local services agencies. Page 24 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Continue allocation of scare resources to meet urgent community needs as idemified through a community assessmem process. Funding of AIDS Services, Denton County MHMR, Family Health Center, HOPE Inc., Interfaith Ministries, PARD: ASAS/TRAC scholarships - Owsley Summer Playground Program - King's Kids Day Kamp, RSVP, SPAN Inc., Community Food Cemer, Salvation Army, Court Appoimed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Center, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., DeNon Christian Preschool, Children's Advocacy Cemer, Singing Oaks Church of Christ, Cumberland Children's Home, Fairhaven Retirement Home, Riding Unlimited and Owsley Community School. Support of Adult Day Care of North Texas INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and repaving, installation of curb and gutter. Installation of new sidewalks and replacemem sidewalks. Installation of water and sewer lines. Connection of residential units to services. Installation of drainage improvements removing residemial areas from floodplain. Rehabilitation and expansion of public services facilities. Improve and/or expand park facilities including open space, playground and other recreational facilities. Correction of deficiencies affecting the health and safety of neighborhood residems. 21,000 square yards of paving and/or repaving completed. Installation of 2,325 square yards of new sidewalks. Installation of 200 feet of new sewer and 2,000 feet of new water lines over the 5-year period. Eight to ten residential properties no longer designated as being in the flood plain. Improvements to 2 or more public service facilities that enhance services to low/mod clientele. Improvements to 2 park facilities by 2005. Graffiti removal on the exterior of businesses and removal of environmental contaminants from dumpsites. Positive input from the community on the effectiveness of these programs. Not applicable this year. Not applicable this year. Funding of Crescem Sewer Project. Not applicable this year. Funding of improvements at Denton City County Day School and Owsley Community School Addition. Funding for MLK Playground Equipmem Project and American Legion Hall Breezeway Project. Cominuation of Illegal Dumping and Graffiti Abatemem with residual funds. Page 25 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities DEMOLITION STRATEGIES Cominue to demolish substandard buildings to improve the appearance and safety of neighborhoods. To demolish 35 structures during the five-year period. Funding the Demolition Program and Phoenix Apartmem Demolition Project. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand training and employmem activities targeted to poverty and very low-income households. Expand educational opportunities for those seeking transitional housing or other housing support services. Encourage support of Section 3 goals by local contractors. Encourage start-up and expansion of micro/cottage industries supporting very low- income hhs. Observe a measurable increase in the number of poverty and low-income households who achieve self-sufficiency. Feedback indicating information was disseminated. 25-35 hh over 5 years in transitional prog receive counseling services. Over the five-year period 25+ individuals hired for projects by private contractors. Loan assistance to 25 microbusinesses over the five- year period. Support to North Texas Human Resource Group Funding of HOPE Inc., DeNon Affordable Housing Corp., and Support of Consumer Credit Counseling Funding of the Crescem Sewer, DeNon City County School electrical improvements, Owsley Community School Addition, American Legion Hall Breezeway, Phoenix Apartmem Demolition Project. Funding of Small Business Program with residual funds. Participation in Denton Small Business Group. Page 26 2004 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Census Tracts -I - I ' i 0-20 o_40% 2004 Projects and Activities l. AIDS Services of North Texas 2. American Legion Breezeway Project 3. Crescem Sewer Line Project 4. Cumberland Children's Home Project 5. Demon City County Day School Project 6. Family Health Care/Interfaith Ministries 7. PARD: Kings Kids Day Camp/ MLK Playground Equipment/ Phoenix Apartment Demolition 8. PARD: Owsley Summer Playground 9. Salvation Army Communi _ty-Wide Activities CDBG and HOME Administration Demon Affordable Housing Corp. - AHOP Program Habitat for Humanity of Denton County Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Microenterprise Loan Program Minor Repair Program PARD: ASAS Scholarships Rental Rehabilitation Program Tenant Based Rental Assistance Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance (HAP) will provide subsidies to low-income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amouN includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. 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 HAP Program, the City of Denton agrees to release the maker of the note from payment of the loan. Upon the borrower's failure to carry out the agreement and program requirements the entire amount of the loan, less one paymeN for each moNh after execution of promissory note, will be due and payable in full immediately from net proceeds. Net proceeds are defined as the sale price minus loan repaymeN and closing costs. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms of investmeN that are not described in §92.205(b) by the City of DeNon. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City ofDeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% ofreNers are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in DeNon has increased by 29% since 1980. About 40% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low- income elderly. Support services, designed to allow the elderly to remain independeN, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for renal assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of DeNon's Consolidated Plan and will serve to expand the supply of affordable, deceN, safe and Page 28 sanitary housing for very low-income households. AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) The American Dream Downpayment Initiative is a new component under the HOME Investment Partnerships Program (HOME), which was allocated during the 2004-05 program year. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single-family homes by providing funds for downpaymem, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of DeNon plans to utilize the ADDI funds under its current Homebuyer Assistance Program, which is currently using CDBG and HOME funds to assist first time homebuyers with down payment and closing costs. The City of Denton is also planning on conducting targeted outreach to residents and tenants of manufactured housing and Section 8 recipients for the purpose of ensuring that ADDI funds are used to provide down paymem assistance for such residems, tenams, and families. This will be accomplished by sending out information about the City's Homebuyer Assistance Program that explain who is eligible for assistance, the type of houses that are eligible and the process to obtain assistance. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmems. Based on the comparison the City of DeNon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departmems 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 accomplishmems. 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 cliem files, financial and accouming records, and procuremem procedures. Independem audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community Developmem Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maimains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maimains records on all rehabilitation projects. The Community Developmem Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maimains 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 accomplishmems is also required from all City programs and Page 29 projects. PUBLIC HOUSING IMPROVEMENTS The City of Demon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Demon has no public housing units. However, City staff will cominue 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 2000 - 2005 Action Plan notes four "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. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create ajoim Cominuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implememation of homeless and homeless prevemion services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Cominuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "staff" position for the group in an attempt to provide some cominuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of DeNon, DeNon Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvemem by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Developmem Division cominues to attend local quarterly and momhly builder's meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Page 30 Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 31 CERTIFICATIONS 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: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the grantee's workplace and specifying 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; 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; 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; 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 activity 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; 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; Page 32 Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the j urisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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 (n) of this 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 of Authorizing Official Date City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community 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 community development plan identifies community development and housing needs and specifies both short-term and long-term community 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. Page 33 Use of Funds -- It has complied with the following criteria: Maximum 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 that 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) 2004 (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, ifCDBG 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. 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 barfing 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 notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date City Manager Title of Authorized Official Page 34 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 of Authorizing Official Date City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. 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 imposed 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. B. 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. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) 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 identify 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. Page 35 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 ora 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 five). 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) Community Development Division, 101 S. Locust, Suite 500, Denton City and County Texas 76201 Check _ if there are workplaces on file that are not identified here; The certification with regard to the drug- free workplace required by 24 CFR part 24, subpart F. 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) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility 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: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) 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). Page 36 Community Development Public Hearing November 17, 2003 Martin Luther King Jr. Recreation Center Attendees: Peggy Fox Will Taylor Eddie Touraine Louis Clay M. W. Jackson Sr. W. J. Reed III Sandra Benavides Clifford Berry Bill Giese Jane Provo John Clay Helerdio Perez Chandra Heggins Luther McDade Lucille Bruce Bette B. Sherman Peternia Washington Billy Redmon Carl Young Rev. Lloyd Pullam Betty Kimble Laura Williams Barry Fisher Annie Mae Hare Robbie J. Gober Barbara Ross, Community Development Administrator opened the hearing by introducing the staff, committee members and special guests. Peggy Fox, Eddie Touraine, Will Taylor, Sandra Benavides and Bette Sherman represented the Community Development Advisory Committee. James McDade was present and represented both the Human Services Advisory Committee and Habitat for Humanity of Denton County. Representatives from local service organizations included Bill Giese, Chair of the Denton Housing Authority Board of Commissioners, Jane Provo, Executive Director of the Denton Affordable Housing Corporation, Laura Williams, Fred Moore Nursery School and Barry Fisher, Boys and Girls Clubs. Nancy Baker, Anita Ferguson, Gordon Meredith, Wendy Nalls and Luisa Rodriguez-Garcia of the Community Development staff were also present. Ms. Ross described the projects and programs that have been completed during the past year and the numbers of households served through the use of Community Development Block Grant and HOME program funding. She also commented on projects that have been funded but are not yet completed and the City's Lead Hazard Control and Continuum of Care efforts. Ms. Ross asked for questions and comments regarding activities during the past year. There were no comments. Residents were asked to divide into small groups. Group members discussed issues concerning community needs, the effectiveness of existing programs and the need for new programs or projects to address specific needs. Below is a listing of the community needs discussed in the various groups. Public Improvements: 1. 2. 3. 4. 5. 6. GROUP A - Gordon Meredith Traffic light at Morse and Woodrow More traffic lights on Loop 288 Widen E. McKinney St. Repave Eagle Dr. Improve exterior security lighting at MLK Center.* Build breezeway between new American Legion annex and old building.* Page 37 * Group members indicated these were priorities. Public Safety 1. Enforce speed limits on Wilson St. especially in morning and afternoon when school children from Tomas Rivera are present. Programmatic 1. Change the way affordability is calculated i.e. statistically remove Denton (either City or County) from Dallas MSMA for purposes of income calculations and Fair Market Rents. GROUP B - Barbara Ross 1. Program that allows residents to build affordable units on property they own. 2. After school care with transportation available to day care. 3. Assistance for youth who drop out of school - youth jobs program 4. Problems with crime and drug traffic near Fred Moore Day Nursery School and Chambers area. 5. Senior citizens jobs program. 6. Pecan Creek drainage channel from Phoenix to Bradshaw need to be cleaned out and improved as other drainage areas have been. 7. Walking trail in Denia area. 8. Streets in Denia area need to be repaved. 9. Concerns were voiced regarding management of Section 8 waiting list. 10. Drainage problems in Robertson - Cook Street areas near church and railroad overpass. 11. Stray animals are not being picked up in the neighborhood. Specific areas mentioned were Crosstimbers/Mill and Chambers/Smith area. 12. Equipment at City parks no longer meets State-licensing requirements therefore children at licensed day cares can no longer play on equipment. GROUP C - Anita Ferguson 1. Open east area as an entrance at Fred Moore Day Care - safety issue. 2. The handicapped are having a serious problem with access to transportation. They are not able to get to LINK. Many have become housebound. 3. Johnson Street has overgrown trees. Trees need to be trimmed. 4. Preventative healthcare is needed through public organizations. 5. Affordable Housing - City needs more new construction in Southeast Denton, similar to the two houses Community Development built on Robertson. 6. At Duncan Street on City property there is water standing, inviting mosquito breeding. Code Enforcement told citizen that a retaining wall needed to be built to prevent the water from pooling. 7. There are several citizens on scooters for the disabled that have to travel in the street traffic to go from Prairie to Lakey Street to get to the Senior Center. Need either sidewalks, or a bike lane along curb. 8. Seniors need affordable housing in their neighborhoods. Affordable senior housing should be built in Southeast Denton. Seniors do not want to leave their neighborhood and churches by moving out of the neighborhood to Pecan Place, Primrose or Heritage Oaks. 9. The lack of rent subsidies was discussed. The need for Section 8 is a very serious situation. Mr. Giese stated that applications might again be accepted in the spring of 2004. He explained that DHA is trying to develop a project to replace the Phoenix Apartments, but a real issue is displacing the families that are presently living in the apartments. He feels that this would be a long process. DHA believes the project should be transitioned and the DHA Page 3 8 board wants input from the community as to what would be acceptable to the neighborhoods. 10. The City's PLUS-ONE program should receive more publicity. 11. Needs to be an attempt to educate young people about the importance of good credit. Some credit classes have been provided but residents commented some people were not willing to participate in the classes because of the group that was involved. More credit classes should be offered. It was suggested that the pastors in the local churches be incorporated in things offered to the community. Residents will follow their pastors' guidance and would be more willing to participate, if they were told through their churches the importance of good credit. 12. The churches should be contacted and the pastors be asked to encourage their parishioners to contribute to PLUS ONE. 13. Charlye Heggins offered to make any community announcements on her radio program. 14. The citizens felt that the programs in place were good programs, but more money was needed. American Legion Hall a. b. C. d. e. GROUP D - Wendy Nails Breezeway to connect the two buildings. Furnishings including tables and chairs and media equipment. Funds for programs and operations. Water fountain Window between the office and multi-purpose room 2. Willow Creek Area f. Street to connect Scott/Morse Street - important for emergency vehicles and child safety. g. Area opened up with a street connection should be developed for affordable housing. h. The creek paving project should be extended past the school to end the flooding and drainage problems 2. Funding priorities should be affordable housing and social services not public improvements with federal funds. 3. Fred Moore Day Nursery School needs an expanded building and additional parking. 4. All of the day care programs should continue to receive funding. 5. Minor repair program should continue. 6. Demolition program for sub-standard building should continue. 7. Need more affordable housing. 8. Need more affordable lots of lands for housing. 9. Senior/disabled housing is needed in Southeast Denton especially assisted living or limited service small apartments. 10. Low-income family housing is needed. 11. Need a community system to coordinate social services since HelpNET is no longer functioning. 12. After-school program at Sullivan-Keller for activities like boxing, basketball, and other sport programs and educational activities. 13. A Kiddie Park on the Northeast end of the park near Bradshaw. 14. Speed bumps on the top of the hill on Morse or some other form of traffic control to reduce speed. GROUP E - Nancy Baker Impact fee grants should be available to "for profit" builders if they are building "affordable housing units." Funding for a program to build a home on vacant lots when the City demolished properties on these lots. Page 39 Make City HAP funds available to purchasers of housing if DHA gets the "rent-to-own" program off the ground. Information was requested regarding the Denton Housing Authority's plans for the lots they had purchased. Staff informed the residents that there were two lots with substandard structures to be demolished with CDBG funds but that future DHA plans were not known. Reverend Pullam asked to be placed on the mailing list to receive a copy of the HS grant application for 2003. Barry Fisher, Denton Boys and Girls Club asked to be placed on the list to receive a copy of the HS grant application for 2003. Group members discussed concerns regarding the homeless. One individual stated that the Salvation Army has a few rules that exclude some homeless from receiving assistance. Some of the homeless do not want to comply with all of the rules. The need for additional beds is definite. Programs for youth who have dropped out of school and those in school who are slipping through the cracks. There is a need for supervised activities and a jobs program where the youth could learn a skill while earning a little income and gaining emotional skills and learning good life values through mentoring. Residents asked if the Denton Housing Authority and the Denton Affordable Housing Corporation were going to partner in building new construction for the "rent -to-own" program that may be being developed. The participants reconvened in a single session and reviewed the comments from each group. Participants were asked to complete the funding surveys that were on each table. No further comments were received. The public hearing was adjourned. Survey Comments: That we would all come to realize the importance of the electric bills for the elderly by donating $1.00 per month. This is not something I just want but something I need and was promised a few years ago. Community Development Public Hearing December 8, 2003 North Branch Library Attendees: Pat Gobble Annie Mae Hare Laurie White Phil Gallivant Jr. James McDade Eddie Touraine Sondra Ferstl Keely L. Aust Ray Twehous Sheila Gianniny Glenn Queener George Adams Lauren Hoofnagle Barry Fisher JoAnn Ballantine Barbara Ross opened the hearing and introduced Community Development Advisory Committee members Sondra Ferstl and Eddie Touraine and Human Services Advisory Committee member James McDade. Community Development staff members Anita Ferguson and Gordon Meredith were also introduced. Page 40 Ms. Ross stated that the purpose of the public hearing was to get citizen input on the use of the City's federal funds. She reviewed eligible activities under both the CDBG and HOME programs and gave attendees some information on last year's activities. She then asked for comments or questions. Phil Gallivan stated that he supported Captain Queener and George Adams at the Salvation Army and their work with the homeless population. He added that there needs to be better job-training programs for the homeless. Pat Gobble of the United Way commented that there are many needs. The greatest need is affordable healthcare. The United Way has done a needs assessment and found that there are working people who cannot even afford insurance co-pays. There are only six doctors in the area that will accept Medicaid and CHIPS patients. There is a coalition working to open a new clinic with a sliding scale fee for those who have no insurance or who have governmental insurance. Emergency Rooms are feeling the brunt, but there is no follow up care when people go to the ER and they cannot afford to have prescriptions filled. There needs to be ways to implement healthcare in the community for the gap in services. The new clinic will be asking for funds for renovations and equipment. Captain Queener stated that there is a great need for homeless services. The homeless population is growing. There are many people on the streets. There needs to be economic development. People need jobs. Barbara Ross suggested Captain Queener contact the Texas Workforce Commission since they were set up to be the connection for people who need to find jobs. She asked Captain Queener if they were trying to set up any new programs. He explained that the Salvation Army is staying with programs they already have in place. There was a suggestion that a shelter be built that could keep families together. Laurie White said that her church, First Presbyterian, gives funds to Interfaith Ministries. There is a gap that needs to be closed. Funds need to be available to help with transportation. Travelers sometimes ask for money for gasoline, so they can get home. People need transportation to work, bus tokens, emergency housing. They sometimes ask the church for money to stay at the Clayton House. There is a need for money for prescriptions, electric and gas bills, rent, etc. People need money to pay for thek 20% co-pay for Medicare. Barbara Ross suggested that SPAN could be an agency to address the needs of the co-pay for the elderly. Sheila Gianniny with the Denton Affordable Housing Corporation stated that there is a need for long-term programs to improve the situation for the homeless. Transitional housing, counseling and assistance to become self-supporting are needed. Also, home prices in this area have escalated. Hard-working people cannot afford to buy a home in Denton. More affordable housing is needed. Laura Hoofnagle with the Girl Scouts commented that the Girl Scouts run a program for at-risk girls called the Chances Program. They go to where the girls are. The program started with 35 participants and has increased to 500. It is a preventative all-gkl program. It was suggested the Girl Scouts contact the sororities at LINT and TWU. Ms. Hoofnagle stated that they had considered this but that the girls don't have a lot of role models and might feel abandoned when the students leave. Keely Aust with Heritage Oaks, Denton Housing Authority, stated that Heritage Oaks was built in the late 70's and has three underground springs, which are causing the apartments to settle and the parking lot has heaved. The parking lot and handicapped ramps need to be replaced. Ms. Aust also stated that there is a mobile physician from Care Link in Dallas that accepts Medicaid. They will make house calls. Annie Mae Hare said that she is having a problem with drainage on her property. She stated that she believed it was caused when the neighbor's house was repaired. Also, trees on Ruth and Hill Street and Page 41 Robertson and Cook need to be trimmed. They are interfering with the utility lines and the stop sign. Jo Ann Ballantine of the United Way felt that there is a need for medical care for people who don't have insurance. There are many people who are employed, but who do not have medical coverage. Ms. Ross urged those present to also contact their State legislators and members of Congress to let them know of these concerns. The hearing was adjourned. Survey Comments: The hump on Robertson Street and Cook Street has been there too long. Sooner or later there is going to be an accident. Trees on Hill and Ruth blind the street light. People cannot be seen at dark while they walk. · Preventative youth services. Denton needs to deal with an ever-increasing homeless population seeking shelter, job education, employment and most of all - shelter with a warm wholesome meal. Phil Gallivan, Chair, Salvation Army Advisory Board · All social service needs are important, but in prioritizing the most severely needed are those I checked. Health care for the uninsured is the #1 priority for this community. · The number of meals served in the two feeding programs, Our Daily Bread and the Salvation Army, has increased dramatically over the past year and a half. · We have seen a large increase in the homeless. · I hope that the City will consider partnering with other local organizations. Through collaborative arrangements we can do more for Denton. · There is not enough low-income housing to meet the growing demand. Build, build, build. 1) Elderly need assistance with Medicare insurance premiums to help cover the 20% cost that Medicare doesn't pay. 2) Emergency funds to help indigent and homeless with needed payment of utility bills when utilities are about to be cut off- Interfaith's requirements are too limited, prescriptions (when persons can't afford them) and overnight housing when Salvation Army is full, or for some reason can't take the person. In the last several years, United Way of Denton County has conducted needs assessments. All of the results of these studies point to a tremendous need for health care. It is obvious that this is a primary concern to our citizens. Everyday our office takes calls from people who have no insurance and many who work several jobs that offer no insurance. They have serious physical needs and no way to take care of them. Many of us on insurance are blessed by having medical benefits with which we can maintain our health. There are many medical problems that are ignored by people because they have no place to go until it becomes an Page 42 emergency. Also, although children do qualify for the CHIP program locally, there are only six providers who have elected to participate in this program. With almost half a million residents in this county, six is a very small percentage of medical personnel to take care of the many children in the CHIP program (CHIP - Children's Health Insurance Program). Please help us solve our most pressing needs by focusing on what matters. Jo Ann Ballantine, United Way Community Development Public Hearing April 15, 2004 City Council Meeting - City Council Chambers Room Community Development 30-day Comment Period from 3/29/04 through 4/30/04 The following comments were received during the City of Denton's 30-day comment period: Page 43 Community Development Advisory Committee Official Minutes February 11, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Staff Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine Barbara Ross Ed Touraine, Chaff, called the meeting to order at 12:00 pm. He introduced Carolyn Berry, Executive Director of Denton City County Day School. Carolyn Berry presented information to the CDAC regarding the request by the School for funding to update the facility's electrical service and wiring and to replace the single-pane windows. Denton City County Day School is requesting $9,400 for the electrical update and $14,940 for window replacement. Ed Touraine asked if the School would request bids for the project. Carolyn Berry explained that they always get at least three bids. Sondra Ferstl asked which project was the priority. Carolyn Berry indicated that it would be the electrical - it was a potential hazard and they often trip breakers when using the kitchen equipment. Peggy Fox asked about the status of the 2003 project funded through CDBG. Carolyn Berry stated that the drive was complete and the sidewalks would begin soon. Cassandra Berry asked if Historically Underutilized Businesses (HUBs) ever bid on these projects. Carolyn Berry stated that she works with the City on this. Ms. Ross stated that the Purchasing Department has a list of these vendors and that they are informed of City projects. She stated they would work with the School to ensure that any identified HUB contractors are informed of the project bid timeline. Jane Provo, Executive Director of the Denton Affordable Housing Corporation introduced herself and Deputy Director, Sheila Gianniny. Ms. Provo gave a history of the organization's Affordable Housing Opportunities Program (AHOP). She described the program activities including acquisition, rehabilitation and down payment assistance on the units. Ms. Provo pointed out that the funding used in AHOP is recycled back into the program. DAHC is requesting $165,000 for AHOP. Ms. Ferstl asked about the number of units that could be purchased with the $80,000 requested for acquisition. Ms. Provo responded that it could be recycled three or four times. Ms. Fox asked how successful they would be in acquiring 32 units in one year when previously they've only done 10 - 15 units in Denton. Ms. Provo stated that in previous years, 25 had been the maximum, but she felt that number could be increased. Ms. Provo, Ms. Ross and CDAC discussed the use of HOME funds to provide down payment assistance on the Nevada and Oriole Court units. Members asked Ms. Provo to review the budget numbers. Bette Sherman asked ifDAHC had a waiting list. Ms. Provo explained that they don't have a list but that they are constantly marketing their homes. Ms. Sherman asked who came in for assistance from DAHC. Ms. Provo stated that they served everyone - young families, single parents and single individuals. Ms. Sherman asked what their priority would be. Ms. Provo stated that if there were a reduction from the requested amount that every budget item be reduced proportionately. There was a brief discussion about the fact that DAHC had not held its regular annual public meeting to discuss organizational activities. Ms. Provo indicated that this was due to the large number of meetings held in conjunction with the Nevada and Oriole Court projects. It was determined that this would not affect their 501(c)(3) status. Ms. Fox asked about the day care project on Mill Street. Ms. Provo explained that there was some neighborhood opposition to the project. The unit is now used as a group home for the developmentally disabled. Hank Dickenson asked about the comment regarding DAHC's poor reporting habits. Other committee members also expressed concern. Ms. Ross commented that DAHC does eventually submit the required reports and that Community Development staff withheld payments until reports were received. DAHC and CD staff members are working with to improve reporting. Ms. Ross added that she would provide copies of monitoring reports from any of the requesting agencies that are currently funded by the City. Page 44 Ed Touraine introduced Lee Ann Heath and James McDade of Denton Habitat for Humanity. Ms. Heath told the "story of Habitat." She stated that the Board noted the overlap between what Denton and Lewisville were doing and decided to combine the organizations. She stated that the $150,000 request was for acquisition of 15 lots for Habitat homes. Mr. Touraine asked for some clarification on the staff budget figures. Ms. Heath stated that they hoped to make a part-time position full time in the future. Ms. Sherman asked about the source of the $250,000 in income from their organizational budget. Ms. Heath described Habitat's holding of mortgage notes as the source. She stated that the funding is constantly revolving. Ms. Fox asked if they have ever had any foreclosures. Ms. Heath stated that one woman was not able to continue to pay her note but that they bought the home back from her. The members and Ms. Heath discussed whether the funds would be used for scattered sites or for a large tract. Mr. Touraine asked about opposition to Habitat projects. Ms. Heath responded that there had been some concerns when people did not understand the selection process. She added that Habitat has never experienced any major opposition. Ms. Ross asked if they had ever held a neighborhood meeting to discuss potential projects. Ms. Heath stated that they have attended other meetings but have not held one. Ms. Sherman asked about the tithing expenditure. Ms. Heath stated that they give 10% of their non-designated funds (CDBG or HOME would be considered designated) to the international Habitat organization for missions. They request that their mission funds go to Mexico. Members discussed where the lots might be available and whether there was sufficient volunteer labor to complete 10 units in one year. Ms. Heath stated yes in both instances. Ms. Heath stated that the units run from about 1110 to 1175 square feet and are three-bedroom, one bath. Families can choose between a 2nd bath, washer/dryer or dishwasher as an option. Ms. Ross asked if they were requesting funds from Lewisville or Flower Mound. Ms. Heath responded that the minimum unit size in Flower Mound is 1800 square feet and therefore they are not able to build there. Lewisville has no affordable land available. Habitat is not requesting funds from the cities. Ms. Sherman asked the purpose of combining the boards. Ms. Heath stated that it was for fundraising and education purposes. Ms. Ross introduced Rebecca Guthrie of the City's Engineering Department. Ms. Guthrie reviewed the Crescent Street Sewer projects. She noted that the City has had various customer complaints because there are often sewer back-ups in the area and the sewer main runs through the front yards rather than the street. Engineering is requesting $108,386 for the replacement of two lines. Members discussed the City's policy of replacing six-inch lines with eight-inch lines. Ms. Ferstl asked why the project was split into two requests. Ms. Guthrie explained that it was merely to give the committee some options if funds were tight. Ms. Ross introduced Colette Franklin, Grams Manger for the Demon Housing Authority. Ms. Franklin provided the committee with information on the Renaissance Courts project - redevelopment of the Phoenix Apartments site. She stated that 150 new units will be constructed on the site and DHA is asking for $250,000 to demolish the existing units. Not all units will be demolished at once. Families still residing in the Phoenix Apartments will have the opportunity to move into the new units or they will be provided appropriate assistance and could move to a new unit. Ms. Franklin stated that DHA would comply with the Uniform Relocation Act regarding displacement and relocation. She noted that the project would restore balance to the SE Denton neighborhood. The project will include programs to help residents become self- sufficient. Mr. Touraine asked about the role of Carleton Properties in the project. Ms. Franklin replied that Carleton would build the units. DHA has formed a limited partnership with Carleton on the project. Ms. Fox asked about a buffer between the development and the single-family units on Wood Street. Ms. Franklin noted that at this time, no buffer was planned but she would ask that the designers look at that. Ms. Franklin and the committee members discussed the design of the new complex, including the single entry off Hickory Street and the number of bedrooms per unit. It was concluded that the City of Denton would not approve a development that did not have adequate access for police and fire. Ms. Franklin commented that additional two-bedroom units did not work well in the tax credit application request. Members also discussed how the State's Affordable Housing Tax Credit program worked. Ms. Berry asked how they Page 45 determined that multi-family rather than single-family was right for the area. She also asked if the neighborhood was OK with that. Ms. Franklin commented that the neighborhood residents were supportive of the plans. Ms. Sherman asked about the market rate units. Ms. Franklin initially stated that the tax credit program required some market rate units, however, Ms. Ross indicated that previous projects had 100% of the units below market rates. Ms. Ross added that she felt the mixed-income style of development was desirable and avoided concentration of low-income households in the same area. Members discussed the cost of demolishing the existing units. Ms. Berry asked how many units were currently occupied. Ms. Franklin stated that 49 of the units were occupied. Ms. Franklin added that DHA would be required to provide the families some options as to where they could move along with the option of moving into the Renaissance Courts. CDAC members commented on the high personnel costs based on the personnel budget provided by DHA. Ms. Ross expressed a concern that the most recent neighborhood meeting that included several Phoenix residents did not have an interpreter explaining to the group what was being said. Ms. Franklin commented that Mike Garcia of the DHA staff was talking individually with Spanish-speaking residents who were present. CDAC members requested some additional information from Habitat. Ms. Ross reminded members about the next meeting on February 18a~ at the Denton Area Teacher's Credit Union Administration building. The meeting was adjourned. Community Development Advisory Committee Official Minutes February 18, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Others Present: Ron Aldridge, Barbara Ross Ed Touraine, Chair, called the meeting to order at 12:00 pm. Barbara Ross introduced Ron Aldridge, Executive Director of AIDS Services of North Texas. She stated that Mr. Aldridge would soon be a CDAC member. Mr. Touraine introduced the committee members to Darhyl Ramsey and Don Louis. Mr. Ramsey and Mr. Louis presented a request for $25,000 for an additional building to be purchased and moved to the Owsley Community School site. It was noted that the program served approximately 70 children and that their priority was getting homework done. Dr. Ramsey described the music and ESL programs and the need for additional space. Don Louis noted that the Owsley Community School's programs had expanded from serving youth to serving adults and families. Mr. Touraine asked where the new building would be located. Dr. Ramsey stated it would be placed behind the existing building. He added that this would not really affect the area in which the children play because they don't use the back yard that often. It was noted that the City owns the land where the OCS is located. Dr. Ramsey stated that OCS does not currently have a lease but could probably get one from the City. Bette Sherman stated that she felt there would be a better degree of comfort from potential funding organizations if there were a long-term lease. Sondra Ferstl asked if the $25,000 would pay for the entire building and getting it to the property. Dr. Ramsey and Dr. Louis indicated that it would. Peggy Fox noted that in the UNT Brochure that recently came out, the School of Community Service highlighted the Owsley program. Dr. Ramsey praised the School of Community Service. Dr. Ramsey added that this would be a good 5-year solution for the needs of the OCS and that perhaps a lot would be available in the area for future expansion. Page 46 Judy Keith and Kay Goodman representing the Cumberland Presbyterian Children's Home made a presentation regarding their proposed transitional housing program and the $525,000 request for funding to build three duplex units. Their goal is to expand services and provide a "continuum of care" approach to serving children and families in distress. Mr. Touraine asked about the average stay per family. Ms. Keith indicated that single parent families usually stayed about one year. Ms. Goodman stated that CPCH tracked these families for up to two years as they participate in the "after care" program. Ms. Keith added that they attempt to keep in touch even after that. Ms. Fox asked about their referral sources. Ms. Keith stated that they do serve several Denton families and get referrals from the Salvation Army, HOPE, Inc., the Lewisville Advocacy Center and DISD. She stated that there are no limitations regarding where referrals could come from. Members discussed the services provided by HOPE, Inc. Cassandra Berry asked if they have the resources to serve everyone in need. Ms. Keith responded that they do not. Single men have been turned away because facilities were not adequate. Ms. Ross asked if they requested funding from other cities. Ms. Keith indicated that they had not done so yet. Ms. Goodman stated that they would leave no stone unturned. Mr. Touraine asked a question about staff and Ms. Keith discussed their staffing. Amy Pape is director of the program. She is a graduate of TWU and does family-based therapy. Sandra Benavides asked if the housing might be redesigned to bring the cost down. Ms. Benavides specifically noted that perhaps two baths were not necessary. Ms. Keith indicated that the current design seemed to provide what is needed to serve these households. Ms. Keith and Ms. Goodman said they could look at the design and perhaps revisions could be suggested. Ms. Sherman asked for a description of the ethnic make-up of Cumberland's clients. Ms. Keith stated that there have been two Hispanic, several African American, several Caucasian families and one mixed race family. Amanda Green and Albert Montero from the City of Denton Parks and Recreation Department presented the request for $40,000 to build a new playground at the MLK Jr. Recreation Center. Mr. Montero stated that younger children could not play on the existing playground because of new State equipment regulations. Ms. Green added that this problem has come up at the neighborhood meetings. This is a request for stand- alone pre-school equipment. Mr. Touraine asked if all the parks were going to get this type of equipment. Ms. Green stated that Denia akeady had appropriate preschool equipment. Ms. Berry asked about other preschool programs. Ms. Green stated that only MLK and Denia have preschool programs. Mr. Touraine noted that the construction costs look fairly high. Ms. Green and Mr. Montero explained what must be done to build the playground and separate it from the existing playground. Mr. Montero stated that the equipment had a 15 to 20-year life. Ms. Sherman stated that the Denton Benefit League funded a Parks & Recreation request in the past to convert a van to handicapped accessible transportation for use by disabled children. The DBL has also funded other requests for playground equipment from other agencies. It is the type of request DBL likes to fund. She said she would send PARD some information regarding how to apply. Mr. Montero presented the request for $19,000 to build a breezeway at the American Legion Senior Center. He stated that the new portion of the center opened in July 2003. PARD couldn't attach the buildings because of concrete pad problems. The breezeway will allow the seniors to have protected access to both buildings. The seniors using the facility requested the breezeway. Will Taylor asked if it would be closed in. Mr. Montero responded that it would not. Mr. Taylor discussed some concerns regarding young people with skateboards and that this was a hazard. Ms. Green and Mr. Montero stated that the Parks Department would work on this issue. Mary Garcia and Ray Twehous presented the request for $61,806 to construct a new St. Vincent de Paul House. The facility would be used to provide food and clothing to those in need. Mr. Twehous noted that this is an all-volunteer program. There is no paid staff. Mr. Twehous has managed the project for five years. The facility will be open Thursday and Saturday mornings. There are no discriminatory practices. Ms. Garcia stated that the program started in 1992 when the pastor of Immaculate Conception Catholic Church Page 47 said that they ought to be doing something for those in need in the community. CDAC members discussed the size and location of the facility. Some concern was voiced that the site on Bonnie Brae would not be convenient for those wishing to access the food and clothing. Ms. Garcia and Mr. Twehous noted that in the past, clients usually came by car rather than on foot or by bicycle. Ms. Ross asked if they might coordinate their program with the Community Food Center and perhaps then they would not need a separate facility. Mr. Twehous explained that each facility may only provide a family with groceries once a month or a quarter and that a number of food rooms are needed so that families can get food. Ms. Sherman noted that the building would only be used two days a week and then asked why they needed the 3,700 square feet. Mr. Twehous stated that the space would be used for storage. Ms. Garcia stated that an architect donated the facility plan. It had been used for another facility so the size was already set. Members discussed the budget for completion of the facility. Ms. Sherman asked about their intake process and how they determined need. Mr. Twehous stated that they ask what the family's income and compare it to low-income requirements but stated that income was not verified. The meeting was adjourned at 2:50 pm. Community Development Advisory Committee Official Minutes February 23, 2004 Denton Area Teachers Credit Union Administration Building Members Present: Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Members Absent: Sandra Benavides Others Present: Ron Aldridge, Barbara Ross Ed Touraine called the meeting to order at 12:10 pm. Nancy Baker provided a brief description of the City's Rental Rehabilitation Program. She noted that the program hasn't assisted anyone in two years so staff is revising the program guidelines in an attempt to encourage more participation. Ms. Baker stated that the program was targeted to areas where families lived and not areas that primarily housed college students. She stated that these funds would be combined with the Lead Hazard Control funds to rehabilitate some of the older units that also had lead problems. The revised guidelines will make the program more usable for low-income property owners. Low-income property owners would no longer have to come up with a portion of the funds themselves. Ms. Baker stated that the majority of funds would be used for construction costs. Mr. Touraine asked if the rental property owner would be required to pay everything back. Ms. Baker stated that they would pay something back depending on their income. She reviewed the information with the committee regarding the loan payback requirements. Bette Sherman asked how staff would know a landlord was marketing to low-income community. Ms. Baker explained what staff would look for and added that she would ask for copies of their advertising. Hank Dickenson noted that previous support for the program came from the 1996 program year. Mr. Dickenson and Ms. Sherman asked if any projects had been completed. Ms. Baker stated that two fourplexes had been completed. Barbara Ross explained that staff is trying to close out two previous grant years and that the Home Improvement Loan program had reduced their request for 2004 funding in expectation of getting the 1995 and 1996 rental rehab and microenterprise loan program funding. This would assist Page 48 Community Development in closing out the budgets and grants from those years. Mr. Touraine asked how much old money was available. Ms. Ross indicated she would get those figures and give them to the committee before the adjournment. Gordon Meredith, Residential Construction Specialist, made a presentation regarding the Minor Repair Program. He explained the type of projects that are carried out under the program. The program serves individuals with incomes below 65% of the area median income. The program expenditure limit is $5,000 per unit. The limit was previously $3,000 but Mr. Meredith stated that it was difficult to replace damaged roofs for that amount. Mr. Meredith reviewed the increase in number of customers assisted in the program. He noted that the program ran out of funding last year. Some additional unused funds were transferred to keep the program going. Mr. Meredith described the neighborhoods where most of the funding is spent. Mr. Dickenson asked for clarification about the number of families that could be served with this funding. He asked if the request was sufficient to meet the needs. Mr. Meredith stated that it may be enough but he was unsure. Mr. Meredith stated that this level of funding would probably assist 48 families. Ms. Sherman asked if the program was currently out of funding. Mr. Meredith explained that this year's funding allocation is exhausted but that some additional funds left over from other projects are now being used. Mr. Touraine noted that if you projected the assisted household number out, the program would need to assist approximately 60 households over the coming year. Mr. Meredith stated that this would probably be correct. Alma Espino, Program Specialist, discussed the Home Improvement Program. She noted that the objective is to rehabilitate substandard owner-occupied housing. If it can't be rehabilitated, it could be reconstructed. Ms. Espino explained some of the problems families experience when they purchase older homes that need substantial repairs. She also discussed families who cannot afford the units they purchase. Ms. Espino reviewed the program guidelines. Mr. Touraine asked how much of the assistance the families have to pay back. Ms. Espino explained the guidelines for those in the various income ranges for both a rehab and a reconstruct. Mr. Touraine asked what happens if their economic situation changes. Ms. Espino explained that if they experience a permanent loss in income, CD staff would review the situation and possibly lower their payment amount. Mr. Touraine asked what happens if their income increases. Ms. Espino stated that no action would be taken. Ms. Ross added that the households assisted through the program would probably never see a significant increase in income in a short period of time. She noted that these families are of modest means. They may have some income increases but that will usually be at a time when inflation is also on the rise. Mr. Touraine asked what happens if they sell the house. Ms. Espino stated that the assisted household would have to pay off both the forgivable balance and the loan balance. They generally do this at closing. She noted that the heirs might want to reside in a property and could qualify for continuance of the current loan terms. Ms. Sherman asked why no Hispanic residents were being assisted at this time. Ms. Espino indicated that the race/ethnicity of clients seems to come in phases. She is currently working with two Hispanic families on their applications. Ms. Ross commented that they seem to assist more Caucasians and African Americans with their home improvement program and more Hispanics with the Homebuyers program. Many Hispanic families are moving into the community. However, both programs serve a diverse client population. Ms. Espino stated that they are currently trying to assist an elderly person and the Federal Home Loan Bank (FHLB) funding that the City receives will reduce the amount of funding needed from the individual. Ms. Ross complimented the housing staff on their efforts to seek additional funding to support the City's housing programs such as FHLB and Lead Hazard Control Program funding. Wendy Nalls, Human Services Coordinator, discussed the City's Tenant Based Rental Assistance program. She noted that staff is attempting to phase out the TBRA program. The program is not able to guarantee assistance beyond two years. She commented that it would be better to get these individuals in a program that had long-term funding. Ms. Nalls stated that these individuals are being moved onto other assistance such as Section 8 when it is available. The program is down to six participants. Ms. Nalls stated that CD is requesting $44,800 to pay rents for the next two years until staff can transition tenants to Section 8 or other Page 49 assistance. Fairhaven tenants have been moving off the program more quickly. Ms. Nalls gave the committee a profile of the clients that are on the TBRA program. Without TBRA, they would be forced into substandard housing or lose their independent living situation. Ms. Nalls commented that the request is based on rents at the current rate because there may be individuals who come off the list and the current amount would then cover any rent increased for the remaining clients. Mr. Touraine stated that it appeared she would not be back next year since she is asking for two years of funding. Ms. Nalls stated that she felt she would not be back requesting funding again at all. She noted that these funds could not be used for assisted living facilities. Ms. Sherman asked for an explanation of Section 8. Ms. Nalls explained that DHA has rental assistance for low-income households. The assistance is tenant-based and the voucher goes with the tenant. Members discussed the Section 8 program, DHA's new Renaissance Courts project and the need for additional low-income housing. Barbara Ross, Community Development Administrator, presented a request for $30,000 in funding for the City's Microenterprise Loan Program. She told the committee that the balance in the Rental Rehabilitation Program account was $28,200 and the balance in the Microenterprise Program fund was $68,500. She stated again that if the committee recommends current year funding for these programs, these remaining prior year funds would be transferred for use in the Home Improvement Loan Program. She stated that housing staff had reduced their request for current year funds in anticipation of this transfer. Ms. Ross explained the early history of the microenterprise program and why funding remained from the 1995 and 1996 budget years. She stated that the Small Business Assistance Center group developed a corporation to do small business loans. Funding of $60,000 in 1995 and $30,000 in 1996 was set aside for the Denton Community Development Corporation to hire staff and begin providing loans. The DCDC never set up the program and subsequently disbanded. Community Development staff attempted (with current staff) to begin providing micro loans to small businesses that were either owned by low-income persons or would commit to hiring low-income persons. The current program provides loans only to persons that meet HUD's low to moderate- income eligibility requirements. Ms. Ross reviewed the four loans that have been provided under the program. She stated that one loan was in default. Ms. Ross stated that staff wanted to try some different techniques to get the word out about the program. Ms. Sherman indicated that she was involved in a similar program in Chicago that also experienced problems. Members reviewed the scoring sheet and agreed to get it to the Community Development Office so the scores could be tabulated before the next meeting on March 3. The meeting was adjourned. Official Minutes Community Development Advisory Committee March 3, 2004 Economic Development Conference Room Members Present: Cassandra Berry, Sandra Benavides, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Staff Present: Barbara Ross Others Present: Bill Giese, Denton Housing Authority Board of Commissioners Page 50 Ed Touraine called the meeting to order at 12:00 pm. Members reviewed and approved the minutes from February 11a~, 18a~ and 23rd. Ms. Ross listed the activities that could be funded with HOME program funding. following: · Affordable Housing Opportunities Program* - DAHC · Single Family Lot Acquisition - Habitat for Humanity · Single Parent Transitional Housing Duplex Construction - Cumberland · Rental Rehabilitation - Community Development · Home Improvement Loan Program - Community Development · Tenant-Based Rental Assistance*- Community Development *Must be funded through HOME. These included the It was determined that the ranking sheets were incorrect and did not include scores from all members. Members agreed to start at the first request and move through the list. They discussed each activity and determined whether the activity should be fully funded, partially funded or receive no funding. Members supported funding for a complete electrical update at Denton City County Day School. They preferred not to fund the window replacement. It was agreed that funding of $9,400 would be recommended for the childcare center. The required HOME "set aside" for CHDO's was discussed. Members agreed to set aside the required funding of approximately $93,000 and would come back to DAHC's program if any additional funding was available after all allocations were made. Habitat's request for land acquisition funding was reviewed. It was noted that the corrected budget contained $125,000 for land acquisition. Members were unsure as to why an additional $150,000 would be needed. Members agreed to move to the next request and would return to this request for further discussion. Members were uncertain as to why the Crescent Sewer Line project was divided into two parts. It appeared that both sections needed to be replaced. It was suggested that this was an attempt to give the committee some options if cuts needed to be made. Ms. Ross was asked to contact the Engineering Department to see if the project could be completed if only the construction costs were funded through CDBG but the personnel costs were paid by the City. Ms. Ross attempted to contact Frank Payne in the Engineering Department. CDAC members agreed that they wanted to fund the project but would discuss the amount after hearing back from the Engineering Department. Members discussed the Phoenix Apartment Demolition. Bill Giese, DHA Board of Commissioners chair, was present. Mr. Giese answered some questions from committee members. Members were concerned that since the construction was not scheduled to begin until July 2005, that the $250,000 in funding might sit unused for some time. Ms. Ross pointed out that since DHA planned to demolish some units and build on that site while tenants remained in the other units, the funding could be split between two grant years. Members agreed to recommend $100,000 in funding from the 2004-'05 CDBG grant. Members were in agreement that the Single Parent Transitional Housing duplex construction should be funded. It was noted that $350,000 could fund two of the requested duplex units. Initially, it was recommended that half come from CDBG and the other half from HOME. Eventually, members agreed that the full amount could come from HOME program funding. Page 51 The Parks and Recreation projects were reviewed. Some member felt that other funding was available from non-City sources to fund the MLK Playground construction project. No funding was recommended for the project. Members supported full funding for the American Legion Breezeway project. The discussion of the St. Vincent de Paul House construction project centered on whether the project sponsors would be willing to meet the federal procurement and labor relations requirements. A comment was made that the federal money might make it more difficult for Immaculate Conception to use "in-kind" services. Ms. Ross noted that labor services could be donated. She explained that the laborer would actually have to donate his/her services. If the employees were paid (even by a contractor who is donating his/her work) they would still need to be paid the required wages. Members commented that they thought sufficient funding was available to complete the project without the City's funding. Members agreed not to recommend funding for St. Vincent de Paul House. Upon discussing the requests for funding from the Community Development staff, members agreed to fully fund the Rental Rehabilitation Program and the Minor Repair Program. They decided to recommend that the Tenant-Based Rental Assistance Program be funded only for one year so they split the funding request and agreed to an amount of $22,440. Members wished to fund the Home Improvement Program at the requested level. They were not initially supportive of funding the Microenterprise Loan Program. Ms. Ross commented that the Home Improvement Loan Program request had been reduced based on the staff request to close out the 1995 and 1996 grant years and that the residual funding from those years would be moved to the Home Improvement Program. However, if the Microenterprise Program was not refunded, staff would want to continue the program with the '95/'96 funding and the Home Improvement Program would not receive those funds. Members agreed to fund the HIP at the request $302,843 and would add to that if additional funds were available. Members discussed the amount of HOME and CDBG funding left to allocate. Members took another look at the MLK Playground equipment request. Members agreed to provide $25,000 for the equipment. They commented that the Parks and Recreation Department would need to come up with the funding for installation/construction. Additional funding was provided to the Denton Affordable Housing Corporation bringing their recommended funding amount to $140,000. It was also agreed that Habitat for Humanity would be recommended to receive $25,000 for land acquisition. CDAC members decided to recommend that the Microenterprise Loan Program be given the balance of $19,303 left in CDBG funds. Members also agreed to recommend that the Home Improvement Loan Program receive $277,843 in CDBG funding and $52,712 in HOME program funding. Members reviewed their list of recommendations. Sondra Ferstl made a motion to accept the recommendations. Bette Sherman seconded the motion. The motion passed unanimously. Ms. Ross stated that she would inform the members as to when the public hearing would be held and when the recommendations would be presented to City Council. The meeting was adjourned. Page 52 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 20, 2003 Members Present: Mae Nell Benford, Lilia Bynum Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Lovie Price,, Jodi Vicars-Nance, Teri Rheault Members Absent with Notification: Betty Tomboulian Members Absent without Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. Members discussed potential meeting dates and times and whether they would like to hold agency application hearings. They agreed that they would like to have applicants appear before the committee to briefly discuss their application and answer any questions committee members may have. It was also agreed that these meetings would be set up sometime in January. Wendy Nalls, human services coordinator, called for committee nominations for Chair and Vice-Chaff. Lovie Price nominated James McDade as Chairperson. Bettye Myers moved that Mr. McDade be elected by acclamation. The motion was approved. Mr. McDade was elected HSAC chairperson. May Nell Benford nominated Carol Bounds for Vice-Chair. The nomination of Ms. Bounds as Vice-Chaff was unanimously approved. Ms. Nalls provided an update on the progress of programs managed by local human services agencies. She referred members to the spreadsheet provided regarding agency expenditure of City funds. She also discussed the Continuum of Care activities including the status of the current Emergency Shelter Grant funding and opportunities for 2004-2005 ESG funding. Ms. Nalls noted that the cities of Lewisville and Flower Mound have been active in the coalition and it appears that Carrolkon may also want to participate. Ms. Nalls pointed out that local homeless providers have been discussing their options regarding an alternate Homeless Management Information System (HMIS) now that HelpNET will no longer be carrying out the function. Discussions have focused on various options such as another agency carrying out the function, contracting out the service for the Coalition agencies or agencies individually contracting for HMIS services. Ms. Bounds asked for additional information on the status of HelpNET. Teri Rheault a members of the HelpNET Board of Directors explained the agency's financial problems and when the Board planned to end all services. James McDade asked ifHelpNET's funding would be available to fund another HMIS. Barbara Ross indicated this could be done with HSAC and City Council approval. Ms. Nails reviewed the results of the monitoring visits by US Department of Housing and Urban Development officials. She indicated that the visits went well and that a new monitoring guide has been developed and provided to the agencies. Ms. Bounds asked which agencies received City Council contingency funds. Ms. Nalls said she would send out a list. Some HSAC members voiced concern that individual Council members funded agencies that HSAC had determined were inappropriate for funding. Ms. Nalls indicated that only one or two of the agencies funded by Council members were not originally funded by HSAC. Our Daily Bread was given Page 53 $500 but they had not requested funding through the committee. HSAC members all agreed that City Council had the authority to make any funding decisions they wished. However, members were concerned that HSAC-recommended agencies might feel that the process is not fair since some agencies receive City funding without having to adhere to the strict application criteria and the expenditure guidelines of the HSAC-recommended agencies. Members stated their concern that in the future, agencies may go directly to Council and the effectiveness of the City's HSAC process would be compromised. Members discussed talking to their individual City Council members about the process. Ms. Nalls reviewed the application process and packet with members. Dr. Myers indicated that the application should include in bold print "late applications will not be accepted." Ms. Benford wanted to ensure that the application workshops were mandatory. Ms. Nalls indicated that they were and that the application stated that she would be available for individual application review and assistance up to January 16. Applications are due January 24, 2004. Ms. Bounds stated that she would like some options as to how the application assessment should be handled. Dr. Myers explained the Flow Foundation process to committee members. HSAC members decided to review last year's process and additional evaluation methods before making a decision regarding the application evaluation process. Ms. Nalls reviewed public hearing activities. She also updated members on the status of the Denton Assistance Center. Dr. Myers gave a progress report on the improvements at the Denton City County Day School. She noted that besides City CDBG funding for sidewalks and a parking lot, DCCDS has received $50,000 from Peterbuilt for the new activity center. CBS Mechanical is also going to install the HVAC system free of charge. A company out of Sanger is providing the steel for the project. Dr. Myers commented on what a wonderful, giving community we have! The meeting was adjourned. Page 54 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 9, 2004 Members Present: Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, and Sonja Ball Members Absent with Notification: Mae Nell Benford and Lilia Bynum Members Absent without Notification: Lovie Price Staff Present: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nalls, human services coordinator, gave a brief update on the current plans for a Denton County Homeless Management information. Barbara Atkins, chair of the Denton County Homeless Coalition, requested the remainder of HelpNET funds be reallocated for the star-up costs and salary for a part -time program manger. The committee unanimously approved the transfer of funds to HOPE, Inc for start-up costs and staff salary. The minutes were approved as presented. Ms. Nalls informed the committee that three applications were turned in after the deadline. The committee decided not to accept any late applications. Staff was instructed to include a letter outlining the reasons why these applications were not accepted by the committee with the funding recommendations. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long and each agency has three minutes to provide a short presentation on information not included in the application. The committee discussed if a committee member should leave the room during discussions of agencies in which they are board members. The committee decided that board members could remain in the room but were not to vote, Committee members requested a current roster of the Human Services Advisory Committee be sent to each committee member The meeting was adjourned. Page 55 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 23, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Communities in Schools Gary Henderson, Executive Director, Melanie Berry, Robert Prock and Donna Lewis of Communities In Schools introduced themselves. Mr. Prock, Chair of the Board of Directors for CIS discussed the need for the organizations services at Tomas Rivera Elementary School. Donna Lewis, Board member, described her own experience with the organization when her daughter needed glasses that she was not able to afford without assistance. Ms. Lewis also stated that her daughter had received help at the "Homework Center" and that she was a volunteer teacher at the center. Mr. Henderson commented that Ray Braswell, DISD Superintendent, has said that he would like to have CIS on every campus in the district. The presenters stated all requested funds would be used for services at Tomas Rivera. The term "at risk" students was discussed. It was determined that "at risk" students were those from low-income households. Members commented that the Camp Fire organization also wanted to provide services at Tomas Rivera. Denton Christian Preschool Judy Royal, Executive Director, and Jane Moyna, volunteer, addressed the committee on behalf of Denton Christian Preschool. They explained that the increase is requested due to anticipated changes in staffing. Bilingual staffing is needed. Ms. Royal discussed performance outcomes. She stated that the preschool uses evaluations on an ongoing basis for both physical motor skills and cognitive development. The program is evaluated throughout the year. The number of children eligible to participate in the program is very high. It was noted that the children are followed through first grade and then if they graduate, the student usually contacts the school to get their award. Ms. Royal said that their waiting list fluctuates based on the time of year. In the summer it is very long because families are hoping to get their children in for the fall. The waking list is smaller after school begins and families get their children into other programs. Ms. Royal stated that the half-day program allows them to provide services to more children. The instruction is fairly intensive - the children don't take naps while in preschool. Denton City County Day School Carolyn Berry, executive director of Denton City County Day School and Bob Tickner, board member, provided information to the HSAC regarding their request. Ms. Berry stated that they are getting $50,000 from Peterbuilt to construct an activity center. She stated that their enrollment has increased to 71. This is Page 56 up from 66, which was their limit in previous years. She added that this summer, they would also have a summer program. Berry said that in the past few years enrollment had been down due to the poor economy and parents losing their jobs but now it is coming back up. Ms. Berry and the members discussed the bilingual program at DCCDS. Cumberland Presbyterian Children's Home Dr. Amy Pape and Kay Goodman of Cumberland Presbyterian Children's Home stated that they are requesting funds to pay for a social worker for their Single Parent Family Program. The program can currently house four families. Staff maintains contact with them over a two-year period after they have left the program. Ms. Pape stated that they anticipate assisting 61 families over the next year. Though only four families can be housed at one time, other families are provided with a variety of services. Dr. Goodman commented that this was a new program for Cumberland. She added that the program was based on a continuum of care concept. The program began in 1999. Ms. Pape stated that the program planned to use interns in the future. Families are referred to the program by the following organizations: Denton Housing Authority; Salvation Army; DISD; Denton County Friends of the Family; and the Lewisville Advocacy Center. Ms. Pape and Dr. Goodman stated that they have not yet requested funds from other local governments in Denton County but planned to do so. Many of their clients come from Denton and most remain in Denton after they have finished the program. Dr. Goodman told the HSAC members about the organization's capital campaign for housing construction. Fred Moore Day Nursery School Laura Williams, executive director of Fred Moore Day Nursery School stated the school would focus on education for the children and staff for the next year. The school has acquired computers and hands on training. In addition, teachers have been sent to training for working with children and social skills. Ms. Williams also stated that the School has begun ask the children's parents to perform the required 12 hours of volunteer time. The School also provides parenting skills training classes every three months. The parents are offered incentives and free childcare during the training classes in order to increase attendance. The Board of Directors members do not have term limits, but they have begun a new system to bring new board members on. The funding requested would help pay teachers salaries. Ms. Williams also described the low staff turnover rate for the School and the possibility of a capital campaign in the future for additional space for the children. There is currently a waiting list for infant and toddler care. Denton Family Resource Center The Denton Family Resource Center executive director, Fran More and board members Simone Andersen and Trey Martino discussed the start of the DFRC Resale Store. The store was able to produce some income in the first 10 months. The DFRC has been able to pay off the executive director salary debt and the initial Family Resale start -up loan. The DFRC continues to provide a car seat program with 11/2 staff to work on the program as certified trainers. The DFRC has also worked to improve dental care in children as well as providing education to parents of children impacted by divorce. The DFRC does not currently have any bi- lingual staff members. The requested funds would be used for the program directors salary. Denton County Federation of the Families Claudette Fette represented Denton County Federation of the Families. This is a family oriented agency with fifty percent of board members being family members of clients served. The requested funding is for the salary of a Family Liaison position. This position will help with family advocacy and negotiating of the current system of services. It is advantageous having family members work with other families to make the system less frightening and offer community support. The program focuses on child and family strengths. The Family Liaison position would work with Denton County MHMR to help provide services and flexible Page 57 funding for program supports. The program provides one on one support on the phone and in person as well as information and referral. If funding is available, there is a person available for the position who has already started working in the position and received training. The organization advocates for services and systems of care on a local, state and national level. The organization is working to obtain a commitment of space from DCMHMR and is waiting on their approval for 501 (c) 3 status. Riding Unlimited Mary Gwinner, executive director, represented Riding Unlimited. Ms. Gwinner stated that no students are turned away because of inability to pay; therefore, the organization is requesting funds to assist with scholarships to riders. The organization serves at-risk children and people with disabilities from age 2 years to senior adults with horseback riding and buggy driving. The program has two twelve week sessions and some short 5-week sessions. Riders from previous sessions have priority for future sessions in order to have a program with continuous improvement in riders and drivers from year to year. The organization had about 150 volunteers starting at age 11 as junior volunteer groomers and starting assistance in the arena at age 14 years old. Singing Oaks Church of Christ Kali Wood, programs assistant, Jackie King, past program assistant, and trustee Danny Shirley represented Singing Oaks Church of Christ. The organization has provided human services to clients for the last 25 years. They do use an application form for those who seek assistance from their organization. In the past, they shared information about clients and services with HelpNET of the Greater Denton Area via telephone. The program is currently on hiatus until a new benevolence minister can be appointed. The program usually provides services to families that average about four or more with incomes less than $34,000 per year. The clients come from all over the City of Denton and the surrounding area. Interfaith Ministries Condell Garden, executive director, represented Interfaith Ministries. Ms. Garden stated that when a person comes to Interfaith rarely are utilities their only problem, they try and address multiple issues at once. The organization has requested funds for utility assistance. Since the closing of HelpNET, Interfaith has had to limit hours and work with LINT for overview of process to deal with the increase in calls for assistance and lack of pre-screening or applications. In addition, the organization has seen an increase in calls since Community Services has moved permanently to Lewisville, St. Vincent DePaul and Singing Oaks Church of Christ both temporarily ceased operations. Salvation Army Captain Glenn Queener and Brian White, board member represented The Salvation Army, Denton Corp. The Salvation Army is requesting funds to support staff for the shelter and transitional shelter program. Currently the Salvation Army uses a five night limit to shelter use. The shelter is closed during the day and children cannot come to the shelter unattended for their safety. Every person who comes through the shelter must meet with counselor to gage what the clients want to do. If they want to change and try to change than the can have a job search extension for up to 19 days. If they are really trying to turn things around they can enter into the 90-day transitional shelter program. Currently the transitional shelter program has 3 women and 5 men. Hope, Inc Barbara Atkins, executive director, represented HOPE, Inc. HOPE, inc requested funds to support their Transitional Shelter Program and 30-90 day program. The organization has seen an increased number of applications as well as the number of individuals coming to the agency with a housing crisis. The number of Page 58 clients has leveled off to about 300 persons a year. The organization has had cut backs in personnel dollars from different funding agents. HOPE's transitional program focuses on families that are victims of relationship violence. The program begins to work with clients while they are in the Friends of the Family Shelter. The minutes for the previous two meetings of the Human Services Advisory Committee on January 29, 2004 and February 18, 2004 were approved. Meeting Adjoumed OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 26, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Mae Nell Benford, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:30PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Woman to Woman Penny Wooten, Director of Prevention services at Woman to Woman gave a presentation. They are currently providing education for parents regarding the risk of STD's and teaching them how to communicate with their children. Ms. Wooten stated that she is talking with Theresa Grant at DISD about providing this information at PTA meetings in the district. She stated that they have not been in the Denton schools for two years. They are in surrounding school districts. She added that what is keeping Woman to Woman out of DISD is the funding for the workbooks needed. State legislation stated that every school district in Texas is to teach abstinence. Woman to Woman teaches only abstinence. They may answer questions regarding birth control but they do not provide any resources for students. Ms. Wooten stated that they could get this information from the school nurse. They teach responsibility and what the consequences of their actions may be. The school districts are paying for the workbooks in the smaller districts. Ms. Wooten discussed the opening of the resale store and their offices on Loop 288. She stated that they have been in the City for 17 years and often work with local churches to talk with youth groups. Ms. Wooten was asked about board diversity. Ms. Wooten explained that a new board member, Dr. Fred Cummings, was a minority. She added that they understand how important board diversity is. AIDS Services of North Texas Susan Stanbaugh, Zach Walker, Brian Schmedinghoff, Chandra Heggins from AIDS Services of North Texas addressed the committee and provided information on the organization. AIDS Services provides Page 59 housing assistance, insurance assistance a food pantry and other services. Ms. Stanbaugh stated that funds from the City of Denton and Plano allowed them to continue providing food to their service population. They discussed that Deerwood Park Church was providing the agency with hygiene products. Ms. Stanbaugh stated that they are also looking for funds for unreimbursed medical expenses. She described the need for this funding. Ms. Stanbaugh stated that a large portion of the people on the waiting list are from Denton. AIDS Services is receiving some money from Hunt County. They are asking for funding from all five counties that they service. There are very few clients that aren't from Denton and Plano. Most of the food comes from the Tarrant County Food Bank and Sack and Save. Denton County Friends of the Family Jane Ogletree and Ann Cadle from Denton County Friends of the Family stated that the organizations had been in Denton for 24 years. She noted that the City was the first funding source that allowed the agency to open its doors. Most of their clients are from the City of Denton. The requested funds are going to be used to fund two positions - a shelter worker (case manager) and a part-time counselor. Denton County MHMR Melissa Eckstein and Ashley Lynch from Denton County MHMR. Ms. Eckstein noted that all the MHMR centers experienced a major cut in funding last year. They now have a waiting list of 280 adults who would like services. The SIERRA program allows the target population to get services more quickly. The $14,700 request would go just to the SIERRA program for salaries. Twenty hours of Ms. Lynch's time is committed to the SIERRA program. She spends quite a bit of time at the Department of Corrections working with inmates. Ms. Lynch stated that she helps inmates who are released with no assistance or housing available to them. There is no waiting list for the SIERRA program. Last year they assisted 43 persons. The program maximum is 50. The committee asked for additional information on the staff salaries. Sickle Cell Disease Association, Greater Forth Worth Chapter Pearl Jones of the Sickle Cell Disease Association gave a brief presentation. She stated that they have two satellite offices, one in Denton and one in Fort Worth. She handed out a new brochure that was partially funded by City of Denton funding. Ms. Jones stated that the agency focuses on client-centered services. They provide comprehensive care and the Sickle Cell Disease Association is their entry point into the health care system. Ms. Jones noted that they appreciate the City of Denton funding that is provided for these services. The organization seeks to break down the information into something the at-risk population can understand. Ms. Jones stated that they have not requested funding from Lewisville but would do so in the future. Fairhaven Retirement Center Adrian Anderson from Fairhaven Retirement Center addressed the HSAC. Fairhaven has recently been totally renovated. She stated that the requested funding would serve 37 households by providing housekeeping services. The resident pays a very small fee and the grant pays the rest. Fairhaven has 47 units and they currently have 37 residents. Ms. Anderson stated that they have nine rent subsidized units. There is a waiting list for the subsidized units. She stated that they knew they would have empty rooms after the renovation. There is a single dining room where the residents are served behind that is a smaller room where staff and small groups of residents could eat and meet. Fairhaven has two full-time and two part-time administrative staff. There are three part-time cooks and four part-time kitchen helpers. Ms. Anderson stated that the room rent plus three meals a day is currently $980 per month. Family Health Care Patrice Capan of Family Health Care explained that the organization subcontracts with Dr. Melinda Morris to assist their service population. Ms. Capan is a bilingual health provider. None of the clients are eligible Page 60 for Medicaid. Dr. Morris accepts a lower fee to provide prenatal care to these women. The women served are not US citizens but their children will be. They are currently serving 79 women. She noted that last year, many of the pregnancies were high risk and this means extra costs. Many women are diabetic and need special care. All deliveries are at Denton Community Hospital. Testing is done on-site which is very helpful because the service population often has transportation problems and cannot get to other testing facilities. Last year, Family Health Care had to quit providing services to new patients for lack of funding. It remains to be seen whether they will have to cut services this year. Everyone on staff is bilingual. City funding will be used to pay for prenatal services. RSVP Diana Corona and Pat Moore of RSVP presented the agency's funding request. Ms. Corona stated that she recently attended a conference and that organizations such as RSVP are being asked to use volunteers to act as volunteer coordinators for other agencies. These are volunteers of all ages. RSVP is going to look at five or six agencies that might benefit from this and work with them. This is a capacity building exercise. Ms. Moore stated that the volunteer hours were 125,000 in Denton County. This is an increase over the previous years. Denton's funding is a higher percentage of the budget. Lewisville has recently reduced their funding because of an assessment that was recently completed. Volunteer assistance was not a priority based on their assessment. Ms. Corona said that 61% of the volunteers are City of Denton residents and provide services in the city. Human Services Needs Assessment Ms. Nails discussed working on a human services needs assessment to help the committee make funding decisions and prepare the 2006 - 2010 Consolidated Plan for Housing and Community Development. They discussed previous assessments and how those results were used. Ms. Nalls asked the members whether they would like to complete and assessment and a strategic plan. Members directed staff to discuss options with the United Way and report back to the committee. Habitat for Humanity Lee Ann Heath and Neal Brand of Habitat for Humanity told the committee that Habitat for Humanity of Denton joined with the Lewisville Habitat to provide better services. Ms. Heath stated that they build families and neighborhoods by providing housing. She stated that the homeowners that come in don't know about home maintenance, taxes, etc. The grant will provide a staff member to monitor those families to ensure that they are successful. The funding will be used for a salary. They would like to increase the number of classes beyond the current schedule of every other month. Mr. Brand stated that at the beginning of the program they didn't have families in homes so they didn't need this but now they do. Members told them about RSVP's new focus on management of volunteer services this might be helpful to Habitat for Humanity in providing services to clients and volunteers. Ms. Heath stated that they are currently working with 12 families. She noted that $24,000 would be for salary. The salary for the position would be in the low to mid 30's. Some funding would go to the staff members training and to conferences. The miscellaneous funding would be postage and printing for monthly newsletters to let the families know about classes and other activities. Supplies would be used for notebooks and materials for the classes and for credit checks for families. Board diversity was discussed. Ms. Heath stated that currently the board is made up of both the Lewisville and the Denton boards. They are looking at ways to become more diverse. Mr. Neal indicated that most board members come up from Habitat's committees so; they will need to work to get diversity on those committees. Community Food Center Dorothy Van Dyck with the Community Food Room presented their request for funding. She stated that the $3,000 request they have made for many years goes primarily to pay the electric bill. Ms Van Dyck stated Page 61 that they haven't seen an extremely large increase from the St. Vincent de Paul House closing but she said they see increases each year. The Food Room uses volunteers to provide services. She stated the volunteers have an average age of 72. Clients can come in four times a year to get food. They are an emergency food center. There are no criteria in terms of income. Ms. Van Dyck and HSAC members discussed the amount of food that is given out by the agency. Ms. Van Dyck was asked about board diversity. She stated that they don't have anyone who can go out in the community and recruit new board members. She said she would appreciate any help. Dr. Myers complimented the Community Food Room on using TWU students to help audit the agency. Ms. Van Dyck discussed the new data base system that the agency uses. SPAN Ericka Lissberger from SPAN introduced herself and gave a brief presentation. She stated that SPAN is celebrating its 30a~ anniversary this year. They are requesting $30,000 for their congregate meals program. The meals program is available at Heritage Oaks, the American Legion Hall and the Senior Center. Ms. Lissberger stated that they had other support services but were not asking for funding for those. Ms. Lissberger discussed the increase in the cost of meals. She stated that it has increased and will probably increase again. It is currently $2.78 per meal. Ms. Lissberger discussed the tenure of board members. She stated that they attempt to get board members with different skills and backgrounds from the service area. There are nineteen advisory board members whose officers become the executive board. The advisory board meets quarterly and the executive board meets every month. Ms. Lissberger and HSAC discussed their transportation services. Ms. Lissberger stated that SPAN provides transportation for other areas in Denton County but not in Denton. SPAN does not do the door to door for the disabled in Denton. The funds requested by SPAN will also be used as match for other funding. OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 18, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers Members Absent without Notification: Lilia Bynum, Carol Bounds, Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. PARD - ASAS Kathy Schaeffer from the Parks and Recreation Department (PARD) discussed the after school program. She stated that they would pick up children from all four middle schools and will hold the program at MLK. The City's program takes overflow from the DISD's extended school day program. Most scholarships are currently geared to younger kids. Bettye Myers asked what overflow meant. Ms. Schaeffer responded that the school district contacts City staff and states that they do not have enough space for all those who want to participate. The City is Page 62 currently picking up from the four schools that DISD is serving. Members discuss how DISD determines what is "overflow." Ms. Schaeffer stated that she is unsure as to how the school district would make that decision. She noted that middle school kids need care too and that DISD's program would not serve this population. The City's program is an alternative. Dr. Myers asked why this program should be the City's responsibility rather than the school district's concern. Ms. Schaeffer stated that the City does not make a profit off its program. The Parks and Recreation Department just wants to offer care to families that need it. DISD doesn't do field trips, sports activities, etc. Lovie Price stated that she agreed with Dr. Myers and that this may be DISD's responsibility instead of the City's. Jean Hinojosa asked about the program budget. Ms. Schaeffer stated that some families pay a portion of the cost. They have a number of scholarships and half scholarships available through CDBG and then the City provides "extra" scholarships on a sliding scale. Dr. Myers asked why there were only two scholarships for Therapeutic recreation. Ms. Schaeffer responded that right now there are only four children in that program. Ms. Hinojosa asked if staff changed from year to year. Ms. Schaeffer stated that staff has remained consistent at many schools for the past few years. Ms. Hinojosa asked about the ethnic background of staff of the staff. Ms. Schaeffer stated that out of 28 staff members she thinks there are about ten Caucasians, ten African Americans and five Hispanic staff members. Three staff members are bilingual. Ms. Schaeffer and the committee members discussed van availability for this program. PARD - Kings Kids Day Kamp Albert Montero and Robbie Johnson described the Kings Kids Playground program. Ms. Johnson stated that they serve approximately 80 low-income children in the area. The camp nurtures these kids and without the camp, they wouldn't have any place to go. Ms. Price complimented the staff on the program. Teri Rheault asked about the corrective action recommended by Wendy Nalls in her monitoring letter. Ms. Johnson indicated that this had been corrected. Ms. Nalls concurred. Dr. Myers asked about the fact that 90% of the children who request to participate in the program never get served. She suggested that perhaps they should have a one-month program and then serve another set of children the next month. Jodi Vicars-Nance stated that they are providing continuity of care to these children rather than serving large numbers. Mr. Montero stated that they cater to families where the parents need to work. Dr. Myers commented that it appears the way the program is currently administered assists parents who need day care rather assisting the children. Both Ms. Johnson and Mr. Montero stated that if they had more money they could serve more children. Ms. Hinojosa asks what happens if someone registers and only comes a few times. Is there a cutoff where if they miss they are dropped? Ms. Johnson replied that if the child misses a lot, they would be dropped. Ms. Nalls stated that the program is reimbursed based on average daily attendance. Dr. Myers asked about the sliding scale. Ms. Johnson stated it starts at $40.00 per summer and the highest is $125. Owsley Community School Darhyl Ramsey and Don Louis representing the Owsley Community School gave a brief presentation on their request for funding for the Owsley after school program. The funds will be used to pay tutors and staff for the after school program. Dr. Ramsey stated that Newton Razor which is the primary school that Owsley residents attend has thanked the program and stated that it has helped them bring their State score from "acceptable" to "exemplary." Homework is completed first and supervised play activities take place later. Dr. Ramsey stated that they look for good staff members to work with the children to keep them safe and off the streets. Dr. Myers asked about the music program. Dr. Ramsey described the "Start up the Band" program. The children are provided with instruments and are given instruction on how to play them. They are then Page 63 able to enter middle school band and orchestra activities with some skill. Ms. Hinojosa asked about the "gala." Dr. Ramsey stated that there was some problems with hosting it and that they only broke even and therefore they didn't do that this year. Dr. Myers asked about funding for additional facilities. Dr. Ramsey stated that they requested funding for an additional building from the Community Development Advisory Committee. Ms. Nalls asked what agencies have been assisting with additional staff support and what are their time commitments. Dr. Ramsey stated that right now UNT is the only organization that it assisting. Music people are used to provide consistency. The after school program has been assisted by both Rotary clubs. Just received notice of $ 4,000 award from the Denton Noon Rotary Club. Boys and Girls Clubs Barry Fischer, Executive Director, Anita Clearman and Gary Gaylord were present to represent the Boys and Girls Clubs. Mr. Fischer explains his history with the organization. Ms. Fischer discussed the services provided by the Boys and Girls Clubs of Denton County. Approximately 1,200 children were served last year. He stated that they have continued to serve children in the Owsley neighborhood. He stated that they are now serving the Northeast side of the City. There are three elementary schools and one middle school. There are no recreation centers in the area. This is a good area to serve. The targeted service area is east of Locust, north of McKinney and also bounded on the north and east by 288. Members discussed that this includes Wilson, Lee and Jennings elementary schools and Strickland Middle School. Dr. Myers asked where are they are having their programs. Mr. Fischer mentioned that go to other areas such as Carrollton and Lake Dallas. The summer program will be housed at Calhoun Middle School and they are working with the Hispanic church on Stuart Road to serve children there. Ms. Rheault asked about the budget on the job ready program. Mr. Fischer gave the correction for the committee. Dr. Myers asked about the management letter from the audit report. The two management letters were not included with the application. Ms. Nalls stated that if the letters were in the original then staff would copy them for the committee. Dr. Myers stated that the agency's funding seems a bit shaky. Ms. Fischer stated that he was unsure of the financial situation and could not answer questions about previous budgets. He added that they are still working to help the community. Barbara Ross asked about what statistics they looked at before choosing this service area. Mr. Fischer stated that the census figures indicate a high number of children in the area. Members discussed the organization's board and executive director changes. Mr. Fischer also gave a presentation on the Job Ready Program. He indicated that residents attending the public hearings stated that there were young people hanging around with nothing to do. These youth would be brought into the Boys and Girls Clubs administrative offices and be given instruction on job skills and help them to find jobs. Ms. Hinojosa asked what area the youth would be pulled from. Mr. Fischer stated that they would come from the City and he noted that it would be about 500 kids. Sonja Ball and Ms. Hinojosa asked how they would find these students. Ms. Fischer stated that they would work with the school district and DISD would give the ex-students this information. Dr. Myers asked about the dropout number over the past three to five years. Four percent was given in the application. PARD - Owsley Summer Playground Cirilo Pedroza, Denia Recreation Center director, gave a presentation on the Owsley Summer Playground program. Last summer was the 10a~ year of the Owsley Summer Playground program. Mr. Pedroza talked about the United Way's work with local agencies to identify the needs of the neighborhood. Mr. Pedroza discussed the activities of the summer playground program. Dr. Myers asked him to speak as to why he does a drop in program and let children come in all summer. Mr. Pedroza stated that he didn't like to turn kids away. Some children come for a while and leave and then others come in. He noted that part of the funding is for vans so that they can get the children to Page 64 these activities. Parents sign a form as to whether their child has to stay all day or can leave. They request $10 per week but don't turn them away if they can't pay. Ms. Tomboulian asked if Denton Parks and Recreation vans for the program. Mr. Pedroza said that PARD also must rent vans because so many are used in the summer. Members discussed the Owsley Community School should ask for a van from the Denton Benefit League. Ms. Nalls asked Mr. Pedroza to comment on the attendance at the program. Mr. Pedroza stated that some kids are in summer school the first of the summer and then some get out of summer school and go to Mexico. He stated that the population served during the summer was about 100. DISD - Extended Day Program Steve Johnson and Kay Peters with the Denton ISD extended school day program. Mr. Johnson gave a summary of the program. This year they took over six schools. Next year, the program will be in 14 schools. They are requesting $16,500 for scholarships. Monthly tuition is $110. Will not be able to give full scholarships. Next year it will be difficult to provide scholarships. Ms. Hinojosa asked about the length of the program. Mr. Johnson stated it starts after school and usually ends about 6:00 pm. She asked about the difference between this and the City's program. Ms. Peters stated that it is more of an academic program rather than recreational. Ms. Tomboulian noted that the children are divided by grade level in the school district's program rather than lumping them together as they do in City's after school action site. Ms. Ball asked which schools they serve. Ms. Peters stated Borman, Pecan Creek... Mr. Johnson stated that they need to maintain a certain number to achieve the optimum income for the program. Ms. Hinojosa asked how they recruit staff. Mr. Johnson stated that most leaders are elementary school program students. They work with TWU on this. Mr. Johnson stated that this is the projection and that many items will be purchased and services provided that would use up those funds. Ms. Ross asked if all funding collected in fees goes to this program. Mr. Johnson stated that it does that the school board stated that all funds go to this program. Ms. Nalls asked if the school district gives any funds to provide scholarships? Mr. Johnson stated no that they did not. Ms. Myers asked why should the City pay to assist DISD with this program especially since they took the program from the City. Mr. Johnson stated that the City also used these funds to support the program and he noted some of the programs that would be provided with these funds. Dr. Myers stated that school district decided to focus on academic enrichment. Her understanding is that the program isn't 75% academic enrichment. People thought that teachers from the schools would be hired to work with these kids. Mr. Johnson noted that teachers carry out some special activities, such as the TAKS. He noted that they are only asking for funding for the Title One schools. Ms. Peters discusses the children that are coming into the schools are already asking about the program. Dr. Myers asked about buying storage equipment and items that are specific to this program. She asked why this wasn't considered DISD equipment. Mr. Johnson noted and Ms. Ball noted that a school wouldn't be able to provide storage space for equipment. First Texas Council of Camp Fire Donna Pope and Maria Melugin from First Texas Council of Camp Fire. Ms. Pope stated that they wanted to provide a brief storyboard of what a child's day would be like in the program that they are promoting. Ms. Pope and Ms. Meligun reviewed the day's activities. Ms. Ross asked about board members from Denton County or a local advisory board. Ms. Pope stated they would look at doing that. Dr. Myers asked if the managers would come from Ft Worth. Local people will be doing the program but yes, the managers will be coming from Ft worth. Dr. Myers asked if each child must become a member. Ms. Pope said they are required and they will receive the vest and patches for the vest. Ms. Nalls asked if DISD wanted them as a resource the but hadno funds to help with their costs. Ms. Pope and Ms. Meligun stated that DISD helped them to target the Title One schools. Camp Fire does the entire extended school day program in Ft Worth. Ms. Nalls asked in Ft Worth if the program was funded by the school district. They are proposing to serve 60 students. Ms. Pope noted that their families would be Page 65 involved in the family programs. Walking Prayer Clubs Princess Lister with the Walking Prayer Club stating that everything is in the proposal. She noted that they get a list of "at risk" kids from the schools. Right now they only have the list from Calhoun. Ms. Lister stated that the children are treated like their own kids. Ms. Price asked how many members. At Calhoun there are 43 prayer club members. Mr. McDade asked about the date that the program started. Ms. Lister stated that the mentoring program started last year but the organization has existed longer. Ms. Price asked about the newsletter. Ms. Lister stated that it goes out to all the prayer club members. Ms. Ross asked about the list that is provided by the school administration. Ms. Lister and the members discussed how the program works with the volunteers, students and parents. Ms. Lister stated it has not been implemented in the other schools. Ms. Price asked about the use of the funds. Funds will be used for salaries and activities. Ms. Tomboulian asked if the positions on the personnel chart are not currently funded. Ms. Lister indicated that they weren't. Ms. Ross asked if Ms. Lister had talked with Mr. Swafford about providing the at-risk student information to an entity that is not totally made up of Calhoun employees. Ms. Lister stated that she had not done that yet. CASA Sherri Gideon of CASA provided the committee with information about the organization. They are now facing the possibility of not being able to serve all the children in need in Denton County for the first time. CASA is looking at various ways to handle that. Will also attempt to find funding in different areas. Ms. Hinojosa asked if they met their goal of building a reserve fund. Ms. Gideon stated that they now have a reserve fund of $1,000. Dr. Myers asked if the need is greater every year. Ms. Gideon stated that there continues to be a greater number of children in need. Dr. Myers asked if the number of volunteers have increased. Ms. Gideon said that they have seen an increase in volunteers and that CASA tries to do things to support their volunteers. Members continue to discuss staffing needs as they relate to volunteer support. Children's Advocacy Center of Denton County Dan Leal of the Children's Advocacy Center of Denton County gave some information about the agency's outcomes. He noted that in 1996 only 8% of sexual abuse and sever physical abuse cases resulted in confinement of probation in 1997 59.2% resulted in confinement or probation. They are bringing services to Denton and will provide services at the Denton Family Resource Center on Wednesday evenings. They are ahead of schedule and will begin providing these services in March. Ms. Nalls asked about the capital campaign. Mr. Leal stated that they have raised about $400,000 so far and need about $2,000,000. Mr. Leal noted that the budget has increased because they are acting as fiscal agent for some grants for other programs. The meeting adjourned at 8:20 pm. Page 66 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 10, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, Mae Nell Benford, and Carol Bounds Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00PM. At this time the minutes from the February 23, 2004 and February 26, 2004 Human Services Advisory Committee meetings were approved. After discussion, the HSAC proceeded to determine funding recommendations for the 2004-2005 Human Services Funding contract. The HSAC determined the first step in the recommendation process to be the review of applications where some committee members recommended funding the application but other committee members recommended not funding the application. The HSAC decided to take action next on all funding applications where the application score sheets indicated unanimous recommendation for full funding or unanimous recommendation for not funding an application. The HSAC determined the last step to be the review of applications where committee members all recommended funding of an application but a variety of recommended funding amounts where suggested on the application score sheets. Upon review of the applications with limited support for funding, the HSAC took action to present the following recommendations to City Council: 1. Boys and Girls Club Afterschool program - 2. Boys and Girls Club Young Adult Job Training - 3. First Texas Council of Campfires- 4. Communities in Schools- 5. Cumberland Presbyterian Children's Home- 6. Denton County Federation of Families- 7. Denton Independent School District - Extended Day 8. Riding Unlimited- 9. Singing Oaks Church of Christ- $0.00 $o.oo $o.oo $o.oo $5,000.00 $o.oo $o.oo $1,500.00 $12,500.00 The HSAC decided to delay action on the Fairhaven and Habitat for Humanity applications until after some additional funding recommendations were completed. The HSAC decision not to recommend funding the application submitted by Denton County Federation of Families was opposed by Betty Tomboulian and Jodi Vicars-Nance. Also, the recommendation not to provide funding to the Denton Independent School District Extended day Program was opposed by Lovie Price. In addition, the HSAC decision to recommend funding Riding Unlimited was opposed by Lovie Price and Mae Nell Benford. Upon review of the applications with unanimous recommendation for full funding or unanimous recommendation for not funding an application, the HSAC took action to present the following recommendations to City Council: Page 67 1. Walking Prayer Clubs- $0.00 2. Woman to Woman- $0.00 3. Children's Advocacy Center $12,000.00 4. Community Food Center $3,000.00 5. Family Health Care $30,000.00 Upon review of the applications where committee members all recommended funding an application but a variety of recommended funding amounts where suggested, the HSAC took action to present the following recommendations to City Council: 1. AIDS Services of NorthTexas $16,000.00 2. City of Denton - After School Action Site Program 16,600.00 3. CASA- 10,000.00 4. Denton Christian Preschool- 31,200.00 5. Denton City County Day School- 38,000.00 6. Denton County Friends of the Family 35,000.00 7. Denton County MHMR - SEIRRA 9,000.00 8. Denton Family Resource Center- 5,000.00 9. Fairhaven Retirement Home- 8,880.00 10. Fred Moore Day Nursery School- 43,000.00 11. Habitat For Humanity- 0.00 12. HOPE, Inc.- 31,000.00 13. Interfaith Ministries- 18,250.00 14. City of Denton- Kings Kids Day Kamp - 20,000.00 15. Owsley Community School- 14,000.00 16. City of Denton- Owsley Summer Playground- 22,000.00 17. RSVP- 10,000.00 18. Salvation Army- 17,000.00 19. Sickle Cell Disease Association of America- 8,000.00 20. SPAN- 30,000.00 The HSAC decision not to recommend funding for the application submitted by Denton Habitat for Humanity was opposed by Jodi Vicars-Nance. The HSAC recommended a total of $451,930.00 in awards to Community organizations for the 2004-2005 Human Services Funding Award Year. The recommended funding amount of $451,930.00 would fund 60% of the $757,643.53 requested in the 2004-2005 Human Services Funding Applications. The HSAC will present its recommendations for funding to the City Council at the April 20, 2004 City Council work session and be open for public comment during a public hearing at the April 20, 2004 City Council meeting, Adjourned Page 68 AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: Legal Department CM/DCM/ACM: Ed Snyder, Deputy City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. N. ALEX BICKLEE ET ~IL., CAUSE NO. ED-2003-01327 PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: On June 17, 2003, the City Council passed Ordinance No. 2003-184, authorizing the City to acquire the subject property and to institute condemnation proceedings if necessary. A Statement in Condemnation was filed with the Probate Court on October 8, 2003. The Special Commissioners' heating in this matter was held on March 29, 2004, and resulted in an award of $161,813. OPTIONS: Pay Award of Special Commissioners into the Registry of the Probate Court and proceed with Spencer Road right-of-way project. RECOMMENDATION: The Legal Department recommends the City pay the award of the Special Commissioners into the Registry of the Probate Court. PRIOR ACTION/REVIEW: On June 17, 2003, by Ordinance No. 2003-184, the City Council found that a public necessity existed and that public welfare and convenience required the acquisition of real property title and interests for the subject property. FISCAL INFORMATION: $161,813.00. Deputy City Attb.~hey S:\Our Documents\Ordinances\04\bickley award ordinance, doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS K iV.. ALEX BICKLEE ET AL., CAUSE NO. ED-2003-01327 PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in condemation proceeding styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED- 2003-01327 pending in the Probate Court of Denton County, Texas is hereby authorized to be paid into the Registry of the Probate Court. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / COPY Cause No. ED-2003-01327 CITY OF DENTON, TEXAS, § Plaintiff, § v. § N. ALEX BICKLEY, § Individually and as trustee, § NElL A. BICKLEY, § RONALD WEST ATKINS, § BARBARA ATKINS, § WELLS FARGO BANK, N.A. and § CORA T. ROBERTS, § Defendants. § FILE FOR RECORD DEMON COUNTY CLERK MAR 3 0 'ZOO4 CYNTH, IA I~IITOHELL CONDEMNATION PROCEEDINGS FILED IN THE PROBATE COURT OF DENTON COUNTY, TEXAS AWARD OF COMMISSIONERS WHEREAS, on the 8th day of October, 2003, The City of Denton, Texas, (hereinafter referred to as "Plaintiff'), filed Plaintiff's Original Statement in Condemnation herein with the Judge of the Probate Court of Denton County, Texas, ED-2003-01327 styled City of Denton, Texas v. N. Alex Bickley, individually and as trustee, Ned A. Bickley, Ronald West Atkz'ns, Barbara Atkins, Wells Fargo Bank, N.A. and Cora 7'. Roberts, (hereinafter referred to as "Defendants") wherein upon the facts alleged, it sought condemnation of a right-of-way fee simple and easements on, over and upon certain land situated, in the City of Denton, Texas owned by Defendants N. Alex Bickley, individually and as trustee, Nell A. Bickley, Ronald West Atkins, Barbara Atkh~s, Wells Fargo Bank, N.A. and Cora 7'. Roberts; said land being further described in Attachment "A" hereto which is made a part hereof for all purposes; and AWARD OF COMMISSIONERS - Page 1 Doc ID SCOTR-819941 8124-0002 WHEREAS, upon consideration of such Plaintiff's Original Statement in Condemnation and forthwith upon filing, to wit: on October 9, 2003, the said Judge appointed the undersigned three disinterested freeholders of said County as Special Commissioners to assess the damages occasioned by the condemnation of such right-of-way fee simple and easement for: (a) ~treet purposes, (b) to construct, reconstruct, install, repair, and perpetually maintain drainage facilities between the right-of-way thereto and said land; and, (c) temporary construction, grading and access easement; as more fully set out in said Plaintiff's Original Statement in Condemnation. THEREFORE, we, the undersigned Special Commissioners so appointed, duly qualified as such on November 7, 2003, each taking the Oath as prescribed by law, and fixed the 29th day of March, 2004 at 9:00 a.m. o'clock, a.m. at the Denton City Hall located at 215 East McKinney, Denton, Texas, 76201, as the time and place for hearing said Plaintiff's Original Statement in Condemnation, such day being the earliest practicable date and such place being in the County Seat of the County in which said property in controversy is situated, of which time and place of hearing we issued a Notice in writing to the Defendants herein on March 16, 2004, and said Notice was duly served upon the said Defendants by a person competent to testify, and who thereupon made his due and truthful return upon such Notice, and said Defendants have further executed a Waiver of Notice and Agreement to Proceed on the date, place and time so appointed. On the day and at the place so appointed for such hearing the said Plaintiff appeared by and through its representatives and counsel, and the Defendants. did appear, by and through its representatives and counsel. Said Special Cormnissioners proceeded to hear evidence as to the value of the following: a. Fee simple title for street purposes, with such fee simple title vesting in the City of Denton, Texas in those certain tracts pr parcels of land comprised of the following: (i) an AWARD OF COMMISSIONERS - Page 2 Doc ID SCOTR-819941 8124-0002 approximate 0.357 acre tract (described in Exhibit 'A' - Tract 1, hereto) and, an approximate 2.152 acre tract (described in Exhibit 'A' - Tract 2, hereto) with record title in N. Alex Bickley and Neil A. Bickley; and, (ii) an approximate 1.075 acre tract (described in Exhibit 'B', hereto) with record title in Ronald West Atkins and Barbara Atkins, all together with improvements thereon and appurtenances thereto (the "Right-of-Way Property"); and b. An easement in the name of the City of Denton, Texas, in, over and across that certain tracts or parcels of land containing approximately 0.226 acre tract (described in Exhibit 'C'; depicted' on Exhibit 'D', hereto) with record title in N. Alex Bickley and Neil A. Bickley, as more particularly described in the Ordinances to ensure access to the Right-of-Way Property and to construct, reconstruct, install, repair, and perpetually maintain drainage facilities between the Right-of-Way Property and Defendants' remaining property (the "Drainage and Access Easement Property"). c. A temporary construction, grading and access easement in the name of the City of Denton, Texas, in over and across that certain tract or parcel of land containing approximately 0.309 acre of land (described in Exhibit 'E'; depicted on Exhibit 'F', hereto); with record title in N. Alex Bickley and Neil A. Bickley, situated in the City of Denton, Denton County, Texas as part of the Mary Austin Survey No. A-4, Denton County, Texas more particularly described in the Ordinances (the "Temporary Construction, Grading and Access Easement Property"). After fully hearing and considering such evidence as to the value of the fee simple (paragraph a., above) and easements (paragraphs b. and c., above) sought to be condemned upon said land as further described in Attactunent "A' hereto and made a part hereof for all purposes; and the damages, if any, which will be sustained by the Defendants, by reason of such AWARD OF COMMISSIONERS - Page 3 Doc ID SCOTR-819941 8124-0002 condemnation, we have assessed i-~fi~s-su ' ' ' od--by the Defendants by reason of such condemnations. We assess the damages as set forth in Section 21.042 of the T£x. PROPERTY CODE, as follows: ' The City of Denton, Texas shall pay all costs to this proceeding, this the 29th day of Mat-ch, 2004. Steve Post Ruth Brock Robert J W~dmer( / SPECIAL COMMISSIONERS AWARD OF COMMISSIONERS - Page 4 Doc ID SCOTR-81994 I 8124-(1002 The Clerk of this Court is hereby ORDERED to notify all parties or their attorneys of record, as listed in Attachment "B" hereto, of the filing date of this award by certified imail, return receipt requested, at their addresses of record pursuant to Section 21.049 of the TEX. PROPERTY CODE. The foregoing decision and Awar~l~,as filed~with me oa thas the 3/3 day of March, 2004. JU ro In and for Denton County, Texas AWARD OF COMMISSIONERS - Page 5 Doc ID SCOTR-819941 812441002 ATTACHMENT "A" DENTON EXHIBIT 'A'-TRACT 1 Legal Description for a strip of land for Spencer Road out of the MARY L. AUST/N SURVEY A-4 Denton, Denton County, Texas BEING ali that certain parcel, tract, or strip of/and out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; BEGINNING at a 1/2' iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADD/T/ON, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, Nodh Central Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41 feet; THENCE: wi~h the said common line, N 03° 21' 24' E, a distance of 33.31 feet to a 5/8' iron rod set for a corner; THENCE: S 87* 56' 09' E, a distance of 216.24 feet to a point for a corner in the west line of that tract described by deed recorded at County Clerks File No 97-R-043235; from which a 5/8" iron rod set for the beginning of a curve bears S87 ~56'09"E, 15. 0 feet; THENCE: with the said line, S 01 ° 11' 39" E, a distance of 64.48 feet to a point for comer in the south line of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County, Texas; THENCE: with the said south fine, S 88' 37' 02" W, a distance of 222.06 feet to a point for comer, and the southwest corner of said tract; THENCE: N 03" 21' 24" E, a distance of 44.43 feet to lhe POINT OF BEGINNING and CONTAINING 0.357 acres of/and, more or less as surveyed by john nall jr rpls #1970 during the months of June and July 2002. Bearings, Distances, and Coordinates shown hereon ate grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by ~.00015450 the distances shown. Areas shown are surface.  See attached Survey Sketch jnj. S-0.009 1 r -0072 E8 Bickley 45 acre'Tr-1 .dl;~e. dicated to Quality Service" ~ttrw. cityofden ton.corn City of DENTON EXHIBIT 'A'-TRACT 2 .) Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEY A-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A.4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 957, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; Commencing at a 1/2" iron rod found for the southeast comer of LOT ~, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41feet; THENCE: with ~he said common line, N 03' 21'24'E, a distance of 33.31 feet to a 5/8' iron rod set for a comer;, THENCE: S 87° 56' og' E, a distance of 231.26 feet to a 5/8' iron rod set for the beginning of a tangent curve to the left, having a central angle of 07' 12' 27' and a radius of 2943. 50 feet; THENCE: with the said curve, an arc distance of 370.26 feet to a 578' iron rod set for the end of said curve; THENCE: N 84' 51' 24' E. a distance of 107.31 feet to a 5/8'iron rod set for the beginning ora tangent curve to the right, having a central angle of 05' 57' 23" and a radius of 950.00 feet; THENCE: with the said curve, an arc distance of 98.76 feet to a 5/8' iron rod set for the end of said cu~,e; THENCE: S 89' 11' 13' E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in County Clerks File No. 97- R.043235 Real Property Records, Denton County, Texas, and the POINT of BEGINNING: THENCE: S 89' 11' 13" E. a distance of 124.04 feet to a 5/8'iron rod set for an angle point; THENCE: N 89* 47' 15' E, a distance of 488.97 feet to a 5/8" iron rod set for an angle point; THENCE: S 89' 28' 20' E, a distance of 250. 89 feet to a 5/8".iron rod set for an angle point; THENCE: S 89' 59' 15" E, a distance of 356.42 feet to a 5/8" iron rod set for a comer in the west line of that tract d~scrfbed by deed recorded in Volume 561, Page 464,.Deed Records, of Denton County, Texas; THENCE: with the said common line, S 02' 07' 26' E, passing at 35.0 feet a 1/2" iron rod at a fence line feet lying 0.5 feet left o~ line; passing al 60.0 feet the center of Spencer Road; in all a distance of 90.10 feet to a 1/2' iron rod found for the southeast comer of said tract of land described by deed recorded in Volume 967, Page 548, Deed Records, Denton county, Texas; THENCE: with the south line of said tract, N $8' 36' 14" W, a distance of 1125.09 feet to a 1/2" iron rod found for an angle point; THENCE: continuing with the said south line, S 88' 37' 02" W, a distance of 99.00 feet to a point for comer, and the southwest comer of said tract; THENCE: N 03' 21' 24"E. a distance of 68.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or less as surveyed by john nail jr rpls #1970 during the months of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. O72 See attached Survey Sketch jnj. S-O009 lr _E8 Bickley 45 acre Tr-2.dt;~)edicated to Qualit'td Service" 'anxrw. cih./ofdenton.com b City of DENTON EXHIBIT 'B' Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEY A-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; Commencing at a 1/2" iron rod found for ~he southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 andy = 7120881.41feet; THENCE: with the said common line, N 03' 21 '24" E, a distance of 33.31 feet to a 5/8" iron rod set for.a comer: THENCE: S 87' 56' 09" E, a distance of 216.24 feet to a point for a comer;, in the .west line of that tract described by deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT OF BEGINNING: THENCE: N 87° 56' 09" E, a distance of 15.04 feet to a 5/8" iron rod set for set for the beginning of a tangent curve to the left, having a central angle of 07° 12'27"and a radius of 2943.50 feet; THENCE: with the said curve, an arc distance of 370.28 feet to a 5/8"iron rod set for set for the end of said curve; THENCE: N 84" 51' 24" E, a distance of 107.3'! feet to a 5/8" iron rod set for the beginning of a tangent curve to the dght, having a central angle of 05' 57' 23" and a radius of 950. O0 feet; THENCE: with the said curve, an arc distance of 98.76 feet to a 5/8" iron rod set for the end of said curve; THENCE: S 89° 1'1' 13" E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas; THENCE: with the said line S01 ~11 '39'E, a distance of 68.02 feet to a point for a comer in the south line of the tract described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas; THENCE: with the said line, S 88' 37'02'1A/, a distance of 719.85 feet to a point for a comer; THENCE: N 01°11'39" W, a distance of 64.4~ feet to the POINT OF BEGINNING and CONTAINING 1.075 acres of la n d, more or less as surveyed by john nail jr rp!s #'1970 during the months Of June and July 2002. BEARINGS, Distances, and Coordinates sho~vn hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface o~stances, multiply by 1.00015450 the distances shown. Areas shown are surface Atkins 10 acre.doc See attached Survey Sketch jnj. S-O009 3r "~)edicated to Quality Service" 'tut~o. ci~ofden ton.corn , !. DENTON EXHIBIT ~C' Legal Description fur a Drainage Easement nut of the blAR Y L AUSTIN SUBYEY A.4 Denton, Denton Count~, Texas BEING all that certain parcel, tract, or strip of land out of the MA£Y L AIISTIN SUBV£YA-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume £97, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; BE£1NNING at the southeast comer of herein described tract of land, said point also being in the north right.of, way line of Spencer Road, and having Texas Coordinate System, North Central Zone, ! £834 99£ coordinates of x - 2397664.50, y. 7120925.90 feet, from which a found 5/8"iron rod for the southwest cornar of a tract of land described by d~d r~corded in Volume 561, Page 4B4, D~ed Record& Denton County, Taxa& bearx Sou~h 89~59' 15"East, 39795 feet; TH¢ItCE with said north righhof, way line, North 89~'20" West a distance of 21£.89 feet to e point for comer; TH£#££ lea ring seid north right.off way line, North £#"31 '40" Eost a distance of 21.££ feet to a point for comer; THE#£E North 45°31 '4O" East a distance of 42.45 feet to an angle point; TttENg£ South 89 ~8'20" East a distance of 150.89 feet to an angle point; THEN£E South 44~9'20" East a distance of 42.43 feet to an angla point; TNEN£E South 00~1'40" East a distance of 21.00 feet to the POINT DE BEMNNING and CONTAINING £.225 acres of I~nd, more or lass as surveyed by john nM/jr, rpls # 1970 during the month of June and July 2002. BEA£/NGS, Distance& and Coordinate& shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983.195~ datum. To obtain surface d/stance& multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch "Ded,, icated to Quality Seroice" ~ww. cityofden ton.corn 'I'D'CI'~I'O 't~9~' 'c/ ' 19cj W ~_~ x DENTON EXHIBIT La#al Description for a £onstruotion Easement out of the MARY t. AUSTIN SURVEYA.4 Deaton, Denton Coonty, Texas BEING all that certain parcel, tract, or ndp of land ou~ of ~he MARY ~ AUSTIN SURVEYA.4 in the City of Denton, Denton County, T~xas d~crib~d by d~d recorded in Volume B8~ Pag~ 548, D~ed R~cords, Denton County, T~xas, and more particularly d~scribed as fullo~; BEGINNING a~ the southeast ~orner of h~r~ln described tract of tan~ said #on md also b~ing in the north righbof.~ay line of Spencer Roa~ and having T~xas Coordinate Sy~m, North Central Zone, ~983.199B coor~natas of x - 2397304.50, y - Y~2092~53 f~e~, from which a foond 5lB"iron rod for the sou~h~st corn~ of a tract of land described by d~ed recorded in Volume 5~1, Page THENCE with sam north right.oA~ay line, North BB'~O' West a &tahoe of aO. O0 feet ro a point for corne&' THENCE leaving said north dghbof.~aY line, North 00'~ '~0" East a distance of 2 LO0 feet to a point for corner; THENGE North ~4'~'20" West a distance of 4Z 43 feet to an angle point; THEN~ North B~'~'20" West a distance of I ~O. B9 fee~ to an angle point; THENCE South ~ '30" West a distance of 42.43 reef to an angle poinC THENCE South 00~ '~0" West a distance of 21.00 fee~ to a point for corner in said north right, of-~ay line; THENCE with said north dght-of.~ay line, North 89~'1~" West a distance of 2~O0 feet ~o a point for corner; THENCE leaving said north righf.of, way line, North 00'~ '~0" East a distance of ~.32 feet fo a point for corner; THENCE Soufh BB ~B ~0' East a distance of 22~ 8B teef ~o an angle point; THENCE South 34~0'48" East a distance of 86.~0 feet fo an angle poin~; THENCE Sooth 00°~*~7" West a distance of 20.00 feat to ~he POINT OF BEGINNING and CONTAINING surveyed by john nail jr. rpls ~ I ~70 during fha monfh of June and duly 2002. BEARINGS, Di~tancex, and Coordinates sho~n hereon are 9rid ~er the Texas Coordinate System, No~h Central Zone, 1~83.1~99 datum. To obtain surface distance& mu#iply by L O001~4~O the distances sho~n. Areas sho~n are surface. 0052 £8b Atkin$ Tamp Conxt See attached Survey "Dedicated to Quality Service" w'ww. ci tyof den ton.corn · :J.',9'CI'~'C/ '~,9~ 'd ' L9~ ' t/_# .LSOd NOlO.~q NY31~3~, II ATTACHMENT "B" Parties to be Notified of Filing of Commissioners' Award with Judge of this Court N. Alex Bickley 14200 Midway Rd., Suite 130 Dallas, TX 75244 Telephone: (972) 702-9930 Telecopy: (972) 702-9933 Attorneys to be Notified of Filing of Commissioners' Award with Judge of this Court Kenneth D. Martin Kenneth D. Martin & Associates, P.C. 1409 S. Lamar St. Suite 216, L.B. 40 Dallas, TX 75215 Telephone: (214) 421-7080 Teleeopy: (214) 421-7082 Rider Scott, Esq. Thompson, Coe, Cousins & Irons, L.L.P. 700 North Pearl Street, Suite 2500 Dallas, Texas 75201-2832 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 AWARD OF COMMISSIONERS - Page 6 Doc ID SCOTR-$19941 8124-0002 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: April 20, 2004 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 ACM: Kathy DuBose ~G SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of materials, supplies, or services necessary for the purchase and maintenance of Oracle Database Enterprise Edition software as approved by the State of Texas General Services Commission Department of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 3161-Purchase of Oracle Software awarded to Mythics, Inc. in the amount of $149,057.50). BID INFORMATION In 2001, the City implemented the JD Edwards Financial and Human Resources system as the start of a decentralized solution to distribute information and bring efficiencies to the Organization. At the beginning, 150 users were identified who needed access to payroll, budget, purchasing, human resources, benefits, or other financial data. Since then, an additional 275 users have been trained to use this system and further decentralize operations. Mythics, Inc. is Oracle's named reseller for Federal, State and Local Government sales. They are certified as a State of Texas Department of Information Resources vendor. Prices reflected on the attached quotation are from State of Texas DIR Contract #DIR-VPC-03-018 RECOMMENDATION We recommend award of this item to Mythics, Inc. in the amount of $149, 057.50 PRINCIPAL PLACE OF BUSINESS Mythics, Inc. Virginia Beach, VA ESTIMATED SCHEDULE OF PROJECT The software can be delivered and installed approximately 30 days from receipt of order. Agenda Information Sheet April 20, 2004 Page 2 FISCAL INFORMATION Funding for this item will come from accounts 840001443 and 830400. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Mythics, Inc. 1 -AlS-File 3161 ZZZZ X ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES, OR SERVICES NECESSARY FOR THE PURCHASE AND MAINTENANCE OF ORACLE DATABASE ENTERPRISE EDITION SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF iNFORMATiON RESOURCES (DiR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3161-PURCHASE OF ORACLE SOFTWARE AWARDED TO MYTHiCS, INC. 1N THE AMOUNT OF $149,057.50). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the General Services Commission 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, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipmem, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMER VENDOR AMOUNT 3161 Mythics, Inc. $149,057.50 SECTION 2. That 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 the General Services Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums comained in the bid documems and related documems filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, 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 General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3161 Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7133 SUBJECT Consider adoption of an Ordinance authorizing the financing for six refuse trucks and an eighteen foot windrow composting machine with Bank One through a lease/purchase financing agreement; providing for the expenditure of funds therefore; and providing an effective date (File 3155-Lease Purchase of Refuse Trucks and Composting Machine, approximate finance charges $65,079.60). LEASE/PURCHASE ORDER INFORMATION This third party lease purchase financing agreement is for the funding of six refuse trucks for the City of Denton Solid Waste Department and a composting machine for the Wastewater Beneficial Reuse Department. A detailed list of the trucks and composting machine and actual or estimated cost is attached as back up for your review. The lease period will be for five years with 10 bi-annual payments of $121,507.96. The trucks and composting machine will become the property of the City of Denton at the end of the lease period. Chapter 271 Subchapter A Section.005c exempts the acquisition of third party lease purchase financing from the competitive bid process. However, staff did solicit competitive proposals with rates varying from 3.899%APR to the low of 2.49% APR. Approval of this agreement is for funding only. Competitive bids or interlocal agreements for the purchase of the trucks will be presented to Council for final approval. This agreement is intended to make funds available for the future acquisitions. RECOMMENDATION We recommend this contract be awarded to Bank One at an effective rate not to exceed 2.49% with an estimated cost of financing in the amount of $65,079.60. PRINCIPAL PLACE OF BUSINESS Bank One Denton, TX Agenda Information Sheet April 20, 2004 Page 2 ESTIMATED SCHEDULING OF PROJECT Funds will be available upon your approval and will be dispersed as equipment is received. The first payment is due within 30 days of approval and every six months throughout the agreement period. FISCAL INFORMATION The finance charges or interest in the approximate total amount of $65,079.60 will be paid as a portion of the semi-annual payments. The total amount of the lease is $1,215,079.60 and will be paid from budgeted equipment acquisition funds of Solid Waste and Wastewater. Financed Amount $1,150,000.00 Finance Charges $ 65,079.60 Total Payback $1,215,079.60 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Equipment List Attachment 2: Proposal from Bank One Attachment 1 Proposed Equipment Listing Equipment Front Load Refuse Truck Roll-off Refuse Truck Rear Loader Refuse Truck Composting Machine Total Cost Quant. 1 each 1 each 4 each 1 each Estimated Purch Price $175,000 $105,000 $142,500 $300,000 Total $175,000 $105,000 $570,000 $300,000 $1,150,000 A t~achm ent 2 April 6, 2004 Mr. Tom D. Shaw, C.P.M. Purchasing Agent City of Denton 90lB Texas Street Denton, Texas 76201 RE: Tax-exempt Lease-Purchase Proposal Dear Mr. Shaw: Banc One Leasing Corporation ("BOLC") and Bank One, NA (collectively, "Bank One"), for itself, its successors, and assigns, is pleased to submit this financing proposal to the City of Denton, TX (the "Lessee"). This letter is a proposal only and is contingent upon the Lessee's compliance with the requirements of the Internal Revenue Code of 1986, as amended, and all applicable state laws related to Lessee's ability to enter into a tax-exempt lease- purchase financing for the intended purposes. The terms and provisions of this financing are subject to credit and business approval in accordance with Bank One's internal procedures, as well as certain conditions set forth below: TRANSACTION: Fixed-rate, fully amortizing, privately placed tax-exempt lease- purchase agreement ("Agreement") with $1.00 buyout at end of term. LESSEE: City of Denton, TX LESSOR: Banc One Leasing Corporation ESTIMATED FINANCING AMOUNT: $1,150,000 NON-BANK QUALIFIED: This proposal assumes that Obligor will issue more than $10 million in tax-exempt obligations this calendar year and that Obligor WILL NOT designate this lease as a "qualified" tax- exempt obligation. USE OF PROCEEDS/TITLE: To finance the acquisition of Six (6) refuse trucks and One (1) composting machine, the legal title of which shall vest in the Lessee during the term of the Agreement. SECURITY: BOLC shall obtain a lien on the financed equipment. The Agreement shall be subject to annual appropriation. EXPECTED FINANCING TERM: A) Three (3) or B) Five (5) Years PROPOSED INTEREST RATE: PROPOSED FINANCING PAYMENTS: A) 2.10% or B) 2.49% A) $196,700.81 or B) $121,507.96 PAYMENT MODE/FREQUENCY: INTEREST RATE LOCK: Payments shall be made semi-annually in advance, with the first payment due on August 22, 2004 (assuming a commencement date of August 22, 2004) and the remaining payments due semi- annually in thereafter. The above proposed Interest Rate and Financing Payments are valid through and including April 12, 2004. If funding does not occur on or before such date, the proposed interest rate and financing payments are subject to adjustment to reflect changes in marl, et conditions. DOCUMENTATION: PROPOSAL EXPIRATION: Documentation shall be prepared by BOLC or its counsel. This proposal will expire if funding does not occur by August 22, 2004. This proposal is subject to credit and documentation approval at Bank One's sole discretion. To render a credit decision, Lessee shall provide BOLC with three (3) years of audited financial statements, a copy of the budget for the current fiscal year and other information as may be requested. We appreciate your interest in Bank One and look forward to your favorable response. Should you have any questions regarding this proposal or our ability to further serve you, please contact me at 614-213-1716 or toll free at 800-586-1964 extension 1. Sincerely, Banc One Leasing Corporation Sandy Kassab Vice President ACCEPTED BY: City of Denton, TX By: Name: Title: Date: CC~ Randall McDonald Louis Williamson ORDINANCE NO. AN ORDINANCE AUTHORIZING THE FINANCING FOR SlX REFUSE TRUCKS AND AN EIGHTEEN FOOT WINDROW COMPOSTING MACHINE WITH BANK ONE THROUGH A LEASE/PURCHASE FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3155- LEASE PURCHASE OF REFUSE TRUCKS AND COMPOSTING MACHINE, APPROXIMATE FINANCE CHARGES $65,079.60). WHEREAS, In the 2003-2004 budget process the City Council authorized the purchase of six refuse trucks and one composting machine from the to be determined lowest responsible bidders pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of $1,150,000; and WHEREAS, Section 271.005(c) of the Local Government Code authorizes the City council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease purchase agreement with Bank One is appropriate and in the public interest; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance the acquisition of six refuse trucks and a composting machine with Bank One, said agreement providing for a financed amount of $1,150,000 having ten bi-annual payments of approximately $65,079.60 with an effective rate of not to exceed 2.49% over 5 years. SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized to enter into a lease purchase agreement on behalf of the City in accordance with the terms set forth in Section 1 and to expend the funds provided for in Section 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3155 Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Janet Simpson 349-8271 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of an annual mowing contract for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3139-Annual Mowing Contract awarded to the lowest responsible bidder for each item in the estimated amount of $110,000. BID INFORMATION This bid is to provide annual mowing, trimming and edging services for the following City facilities: Parks-Rail Trail, City Medians and Right of Ways, Solid Waste-Facilities and Landfill, Water Reclamation-Plant and Lift Stations, Electric Substations- Pole Yard and Substations, City Library-North and South Branches and miscellaneous mowing per acre as needed. RECOMMENDATION We recommend award of Bid 3139 to the lowest responsible bidder for each item as listed on Attachment 1. A summary of the recommended bidder for each item is listed below. Item# Proposal A Proposal B Proposal C Proposal D Proposal E Proposal F ProposalG Description Rail Trail Class B Medians Class A Medians Solid Waste/Landfill Water Reclamation Electric Substations Libraries General Mowing Class B General Mowing Class C Vendor Tm Green Landcare LLC Dencross Landscape Maintenance Tm Green Landcare LLC Dencross Landscape Maintenance Tm Green Landcare LLC Tm Green Landcare LLC Environmental Maintenance & Gardening Service Tm Green Landcare LLC Tm Green Landcare LLC We are not recommending award of General Mowing Classes A and D at this time. The proposal amounts exceeded budgeted funds. The bid from Landscaping Solutions, Inc. was rejected because references suitable for evaluation were not provided as required in the bid solicitation. Agenda Information Sheet April 20, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS Environmental Maintenance and Gardening Service Dencross Landscape Maintenance Denton, TX Denton, TX Tm Green Landcare LLC Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT The term of the contract shall be for a period of two years from the date of Council award, with the option to renew at the end of the period. The contract may be renewed twice for a period not to exceed one year per renewal. Renewal shall be at the sole discretion of the using departments. FISCAL INFORMATION This service will be funded from Parks and Recreation account 402130.7886, Solid Waste account 660300.7886, Water Reclamation account 640100.7886, and Electric Substations account 600400.7886. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3139 0 0 (.9 Z n < Z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN ANNUAL MOWING CONTRACT FOR VARIOUS CITY DEPARTMENTS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BiD 3139-ANNUAL MOWING CONTRACT AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM iN THE ESTIMATED AMOUNT OF $110,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; 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. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3139 Proposal A Tm Green Landcare LLC Exhibit A 3139 Proposal B Dencross Landscape Maint. Exhibit A 3139 Proposal C Tm Green Landcare LLC Exhibit A 3139 Proposal D Dencross Landscape Maint Exhibit A 3139 Proposal E Tm Green Landcare LLC Exhibit A 3139 Proposal F Tm Green Landcare LLC Exhibit A 3139 Proposal G Environmental Maintenance Exhibit A 3139 Gen. Mowing Class B Tm Green Landcare LLC Exhibit A 3139 Gen. Mowing Class C Tm Green Landcare LLC Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, 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, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3139 Page 2 of 2 BID # 3139 Exhibit A DATE: 4/1/04 ANNUAL MOWING CONTRACT MET Lawncare d.b.~ ~ Environmental TruGreen Landcare ~ Dencross Landscape Tandem Mowing LLC ~ M aintenanc~ M aintenanc~e L L~C ~ Principle Place of Business: Denton, TX Denton, TX Fort Worth, TX Celeste, TX 2 Proposal B - (Class B Medians) $11,600.00 4 Proposal D - (Solid Waste/Landfill) $12,338.00 6 Proposal E - (Water Reclamation) $18,231.54 8 Proposal G - (Libraries) $3,216.00 GRAND TOTAL $5,232.00 $13,351.12 $74,085.34 $11,600.00 Mowing Classification Per Acre Per Cycle Class B $38.~ 7 Class D AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Vance Kemler 349-8044 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of an temporary employment services for the Residential Solid Waste Division of the City of Denton Solid Waste Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3151-Temporary Employment services for Residential Solid Waste awarded to Labor Ready in the amount of $11.25/hr. BID INFORMATION This bid is for the Residential Solid Waste Department to use temporary laborers to pick up curbside refuse. The temporary labor is used to fill in for absent employees and for high volume refuse days such as during the Christmas holidays. Generally, the employment agency will supply staffing within one hour of the City's request. The bid price includes worker's compensation insurance and applicable payroll withholdings. RECOMMENDATION We recommend award of this item to Labor Ready in the amount of $11.25/hr. PRINCIPAL PLACE OF BUSINESS Labor Ready Denton, TX ESTIMATED SCHEDULE OF PROJECT This annual contract will begin upon Council approval and can be renewed for additional one- year periods if agreed upon by both parties with all terms and conditions remaining the same. FISCAL INFORMATION Funding for this item will be provided from account 660100.7868. Agenda Information Sheet April 20, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3151 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid ~ 3151 Attachment 1 Date: 3/25/04 Annual Contract For Temporary Employment Services For Residential Solid Waste Temporary Employment Service Cost to City $.____ per hour $11.25 $14.98 $13.85 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] ORDINANCE NO. An Ordinance accepting competitive bids and awarding a contract for the purchase of an temporary employmem services for the Residemial Solid Waste Division of the City of DeNon Solid Waste Departmem; providing for the expenditure of funds therefore; and providing an effective date (Bid 3151-Temporary Employmem services for Residemial Solid Waste awarded to Labor Ready in the amoum of $11.25/hr. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipmem, supplies or services as shown in the "Bid Proposals" submitted therefore; 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. That the numbered items in the following numbered bids for materials, equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agem, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3151 Labor Ready $11.25/hr SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated represemative is hereby authorized to execute the written contract which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quamities and specified sums comained in the Bid Proposal and related documems herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-Bid 3151 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Fiscal Operations Kathy DuBose SUBJECT Consider adoption of an ordinance amending Chapter 10, Section 10-2(d) of the Code of Ordinances of the City of Demon, Texas, to provide for the increase in the penalty for delinquem taxes still due as of July 1, of the tax year from 15 percent to 20 percent; providing for a severability clause; and providing for an effective date. BACKGROUND The City has an existing comract with Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner P.C. for professional services related to the collection of delinquem property taxes on behalf of the City of Demon. To help defray the costs of collection, the City may recover various costs and expenses incurred during the collection process, such as court costs, filing costs, as well as, attorney's fees of 15% of the total amount of taxes, penalties, and interest due to the City from the delinquent taxpayer. The attorney's fees have remained at 15% for the past 24 years. The contract with the attorneys stipulates several types of collection efforts and processes necessary in pursuit of successful collection of our delinquem property taxes. The City requests this amoum be increased to 20% as recently revised in the Tax Code, Section 33.07. During the past 24 years, many costs of business have increased including postage, personnel, telephone, rem, and computer related support. Therefore, the requested increase amount represents a "cost of living" increase. PRIOR ACTION/REVIEW (Council, Boards, Commissions): The Seventy Sevemh Legislative Session passed H.B. 490 on May 15, 2001, allowing the additional penalty (attorney fees) for delinquem tax collections to be increased from 15% to 20%. FISCAL INFORMATION: The 20% is paid by the delinquem taxpayer, not the City of Demon. The penalty will not be retroactive, and apply only to the delinquent tax accounts turned over to the firm on July 1, 2004. Furthermore, the City estimates the impact to be less than $10,000 in this fiscal year. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations S:\Our Documents\Ordina~ces\04\Delinquent Tax penalty amendment.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-2(d) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE INCREASE IN THE PENALTY FOR DELINQUENT TAXES STILL DUE AS OF JULY 1, OF THE TAX YEAR FROM 15 PERCENT TO 20 PERCENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton pursuant to Texas Tax Code Sec. 6.30 contracts with an attorney to collect delinquent taxes; and WHEREAS, Texas Tax Code Sec. 6.30 caps the compensation to such contracted attorney to 20 % of the amount of delinquent tax, penalty, and interest collected; and WHEREAS, Texas Tax Code Sec. 33.07 allows the imposition of a penalty for delinquent taxes that are still delinquent on July 1 of the year in which they become delinquent to defray the cost of collection and the penalty cannot exceed the amount allowed in Sec. 6.30; and WHEREAS, the City of Denton, Texas has imposed a penalty of 15% by ordinance, the Council now desires to increase the penalty to 20% so additional compensation may be paid to the attorney contracted to collect delinquent taxes; and WHEREAS, the Council for the City of Denton finds that it is in the public interest to increase the delinquent tax penalty to 20%; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article I of Chapter 10, Sec. 10-2(d) of the Code of Ordinances is amended to read as follows: Section 10-2. Payment of taxes, penalty, and interest. (d): On any taxes upon property, both real and personal, that remain delinquent on July 1 of the year they become delinquent, there is hereby imposed an additional penalty of twenty (20) percent on the amount of such delinquent taxes, penalty, and interest due. SECTION 2. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of Article I of Chapter t0 of the Code of Ordinances shall remain in full force and effect. SECTION 4. This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (t0) days of the date of its passage. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Fiscal Operations Kathy DuBose SUBJECT Consider adoption of an ordinance of the City of Demon, Texas authorizing the City Manager to execute an amendment to Professional Services Agreement with Linebarger, Goggan, Blair, Pena & Sampson, LLP and Gregory and Conner P.C. to increase compensation for professional services related to collection services for delinquem taxes on behalf of the City of Demon; and providing for an effective date. BACKGROUND The City has an existing comract with Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner P.C. for professional services related to the collection of delinquem property taxes on behalf of the City of Demon. To help defray the costs of collection, the City may recover various costs and expenses incurred during the collection process, such as court costs, filing costs, as well as, attorney's fees of 15% of the total amount of taxes, penalties, and interest due to the City from the delinquent taxpayer. The attorney's fees have remained at 15% for the past 24 years. The contract with the attorney's stipulates several types of collection efforts and processes necessary in pursuit of successful collection of our delinquem property taxes. The City requests this amoum be increased to 20% as recently revised in the Tax Code, Section 33.07. During the past 24 years, many costs of business have increased including postage, personnel, telephone, rem and computer related support. Therefore, the requested increase amount represents a "cost of living" increase. PRIOR ACTION/REVIEW (Council, Boards, Commissions): The Seventy Sevemh Legislative Session passed H.B. 490 on May 15, 2001, allowing the additional penalty (attorney fees) for delinquem tax collections to be increased from 15% to 20%. FISCAL INFORMATION: The 20% is paid by the delinquem taxpayer, not the City of Demon. The penalty will not be retroactive, and apply only to the delinquent tax accounts turned over to the firm on July 1, 2004. Furthermore, the City estimates the impact to be less than $10,000 in this fiscal year. EXHIBITS Ordinance Contract Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LINEBARGER, GOGGAN, BLAIR, PE~A & SAMPSON, LLP AND GREGORY & CONNER P.C. TO INCREASE COMPENSATION FOR PROFESSIONAL SERVICES RELATED TO COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council entered into an agreement to engage Linebarger, Goggan, Blair, Pefia & Sampson, LLP and Gregory & Conner, P.C., to provide professional services pertaining to the collection of delinquent taxes on behalf of the City of Denton; and WHEREAS, the City finds it is in the public interest to increase the compensation for the provision of those services and that the agreement should be amended; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute an amendment to the Professional Services Agreement with Linebarger, Goggan, Blair, Pefia &Sampson, LLP and Gregory & Conner, P.C.; in substantially the form of the Amendment attached hereto and incorporated herewith by reference. SECTION2: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\04\Linebarger delinquent tax .doc AMENDMENT TO CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and the Law Firm of Linebarger, Goggan, Blair, Pefia, & Sampson, LLP and the Law Firm of Greggory & Conner, P.C. (hereinafter referred to as "FIRM"). WHEREAS, on June 18, 2002 FIRM entered into that certain Ageement to provide services for the collection of delinquent property taxes. (the "Agreement"); and WHEREAS, the city has increased the penalty for collection pursuant to Tax Code Sec. 33.07 to 20% for taxes still delinquent upon July 1 of the tax year they become delinquent; and WHEREAS, the city desires to increase the compensation of the firm to reflect the increase in the penalty; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. Paragraph 9A of the contract shall add the following: Starting with taxes that become delinquent and remain delinquent on July 1, 2004 the percentage of compensation authorized by paragraph 9A shall be twenty percent. 2. Paragraph 13 of the contract shall add the following: Starting with any bankruptcy proceedings that are filed after the effective date of this amendment to the agreement, the fee allowed shall be twenty percent of the tax, interest and penalty actually collected. 3. All other terms and conditions contained in the Agreement that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED as of the day of , 2004 (the "Effective Date"). CITY OF DENTON, TEXAS By: Michael A. Conduff, City Manager Page 1 of 2 S:\Our Documcnts\Uon/racts\04\amcndmont LO dolinqucm Lax collection con/tact.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Linebarger, Goggen, Blair, Pefia, & Sampson, LLP BY: Gregory & Connor, P.C. BY: Page 2 of 2 S:\Our Documcnts\Uon/racts\04\amcndment to delinquent tax collection con/tact.doc AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET April 20, 2004 Economic Development Mike Conduff ~P~ SUBJECT Consider approval of a resolution adopting new program guidelines to increase the amount for a single family equivalent impact fee under incentive grants to pay water and wastewater impact fees for single family affordable housing residential units; and providing an effective date. BACKGROUND The original resolution approving of the payment of impact fee grants to non-profit organizations constructing affordable housing specified the single-family equivalent (SFE) amount of $2,527 per unit. The cost of water and wastewater services has since increased. Under the current impact fee schedule the SFE is $4,952. This resolution gives staff the ability to provide grants that pay the total impact fee assessment on affordable housing projects. ESTIMATED PROJECT SCHEDULE Impact fee grants are awarded throughout the fiscal year on a first come, first served basis. Attachment 2 provides a list of previously awarded impact fee grants. PRIOR ACTION/REVIEW (Councils~ Boards~ Commissions) City Council approved the impact fee grant program on September 15, 1998 and reauthorized the program with additional funding on September 5, 2000. FISCAL INFORMATION For the past three years, the Impact Fee Incentive Grant program has been allocated $20,000 through the City's Annual Program of Services. Community Development Block Grant and/or HOME program funding have paid administration expenses for the program. EXmBITS · Resolution · Impact Fee Grant Guidelines · Impact Fee Grant Award Schedule Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator S:\Our Documcms\RosoluLiOns\04\lm]~a CL Foo ]nccnLiv~ Gram Guidolin~s.doc RESOLUTION NO. A RESOLUTION ADOPTING NEW PROGRAM GUIDELINES TO INCREASE THE AMOUNT FOR A SINGLE FAMILY EQUIVALENT IMPACT FEE UNDER INCENTIVE GRANTS TO PAY WATER AND WASTEWATER IMPACT FEES FOR SINGLE FAMILY AFFORDABLE HOUSING RESIDENTIAL UNITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 98-052 on September 15, 1998 to provide for single family equivalent grants to pay water and wastewater capital recovery fees for thirty-nine affordable housing residential units constructed within the corporate limits of the city by non-profit corporations, provided the units comply with criteria for affordability, habitability, and other requirements established by the City; and WHEREAS, the City Council passed Resolution 2000-046 on September 5, 2000 and as required by Resolution No. 98-052 reviewed the Impact Fee Incentive Grant Program for Af- fordable Housing and has decided to extend the Program through the 1999-2000, 2000-2001 and for future fiscal years for which funding is allocated by the City Council; and WHEREAS, the impact fees for water and wastewater were reviewed and impact fees were increased after revision by the City of Denton in 2003; and WHEREAS, the program guidelines allowed for $2,527 or one single family equivalent grant based upon the old impact fees and that the single family equivalent under the revised im- pact fee schedule is $4,592.00; and WHEREAS, the Council deems it in the public interest to continue the Impact Fee Incen- tive Grant Program to promote affordable housing units within the City of Denton wishes to change the guidelines to reflect the increase in the impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the attached City of Denton Impact Fee Incentive Grant Program Guide- lines and Application Information are hereby approved and shall replace the previous Guidelines. SECTION 2. That save and except as amended hereby, all the sections, sentences, clauses and phrases of Resolutions No. 98-052 and Resolution No. 200-046 shall remain in full force and effect. S:\Our Documcms\RosoluLiOns\04\lm]~a CL Foo ]nccnLiv~ Gram Guidolin~s.doc SECTION 3. That this resolution shall become effective immediately upon its passage and ap- proval. PASSED AND APPROVED this the __day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information 1. Purpose. There is hereby established an Impact Fee Incentive grants standard policy to provide non-profit corporations incentives to construct affordable housing within the City of Denton, sometimes hereinafter referred to as "policy", for the following purposes: (a) To reduce the housing cost burden for low and moderate income households; (b) To provide home ownership opportunities for low income households; (c) To provide affordable housing for low income elderly and disabled households; and (d) To expand affordable housing units within the corporate limits of the City of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the City's property tax base. (e) To provide an incentive to construct additional affordable housing units in Denton. 2. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing means owner-occupied single family homes that do not exceed City of Denton Housing Assistance Program cost guidelines, or housing for low income renter households that costs less than 30% of household income based on HOME program income requirements. Low-income household means a household that has an annual income less than 80% of the median household income for the Dallas metropolitan area, adjusted for household size, as per the applicable federal definition or as per the findings of the United States Secretary of Housing and Urban Development, in accordance with 42 USC § 12745. Non-profit corporation means the equivalent of a "not-for-profit" corporation. It means a corporation no part of the income of which is distributable to its members, directors, or officers and which meets all the requirements of Article 1396 § 1.01, et seq., the Non-Profit Corporation Act, Vernons Annotated Civil Statutes. Single family equivalent (SFE) shall mean an equivalent factor, based on the demand associated with the smallest water meter used in the City utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City utility system. Incentive Grant Standards A. Qualified Construction 1. New owner~oceupied single family housing units, and/or 2. New renter-occupied, elderly or disabled multifamily housing Page 1 Qualified Occupants 1. Low-income households (see Attachment A), and/or 2. Low-income elderly or disabled households Qualified Developers Non-for-profit corporations that develop affordable housing Qualified Areas 1. Properties within the corporate limits of the City of Denton, and 2. Properties subject to water/wastewater impact fees Maximum Housing Cost 1. Price cap of owner-occupied unit(s) tied to the annual requirements of the City of Denton's Homebuyer Assistance Program. 2. Price cap of renter-occupied units may not exceed the fair market rents established by the Denton Housing Authority (DHA), or may not exceed fair market rents established by HUD for the Dallas/Fort Worth area if DHA fair market rents are not available Dwelling Unit Longevity 1. Qualified owner-occupants must maintain ownership and reside in the unit receiving the grant for a minimum period of five (5) years. 2. Eligible multi-family housing units must not exceed total housing cost requirements for a period of not less than ten (10) years. Other Requirements 1. The affordable housing unit must be served by existing City infrastructure and services. 2. The design and the construction of the affordable housing unit must meet the criteria established by the City of Denton Community Development Division for habitability, affordability, accessibility, water conservation, and energy efficiency. 5. Availability of Incentive Grants Grants available for the encouragement of the construction of affordable housing shall be limited to an amount set by City Council on an annual basis. Each SFE grant allowed may not exceed the amount of $4,592. Grants will be available on a first come, first served basis, based upon the date of submittal of an application for an impact fee exemption. e Grant Approval Process A. The Impact Fee Incentive Grant Program will be administered by the City's Community Development Division. B. Determination of eligibility of SFE units for grants for the 1998-99 fiscal year will be based on review of a written application established by and submitted to the City of Denton Community Development Division. C. The Community Development Division is authorized to collect any information necessary to determine compliance with the grant requirements. Page 2 Applicants must complete the application and execute the application certification prior to consideration for an exemption(s). Participant Developers must execute the following documents (Attachments B, C, and D): i. Impact Fee Incentive Grant Agreement ii. Note iii. Deed of Trust Upon approval of the application and execution of the documents listed above by the participant developers, the City Manager will execute the Impact Fee Incentive Grant Agreement. The agreement wilt be forwarded to the Community Development Division. Upon receipt of the Impact Fee Incentive Grant Agreement, the City of Denton Community Development Division Administrator will provide an .Impact Fee Incentive Grant Certification to the City of Denton Building Official identifying the service addresses of the affordable housing units selected to receive grants. The written notice from the Community Development Division manager must be made before the issuance of a building permit authorizing the start of construction of the housing unit. SFE grant funds will not normally be provided directly to the Qualified Developer. The amount of applicable SFE grant funding will be transferred by the Conununity Development Division to the Water/Wastewater Department upon issuance of an Impact Fee Incentive Grant Certification. If impact fee payments have been made by the Qualified Developer on the unit(s) that have been awarded a grant(s), the Community Development Division will process a reimbursement. If the applicant fails to finish construction of the affordable housing unit within fifteen months after certification, the Community Development Division Manager may revoke the certification and require payment of the impact fees. IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be reviewed by the Community Development Division on a first-come, first-served basis. Upon approval of the application, Community Development will notify the Water/Wastewater Department and the Building Inspections Division of the service addresses of the units selected to receive impact fee incentive grants. Applicants for the Impact Fee Incentive Grant Program must submit the following information and an executed copy of the "Application Certification"to: Community Development Division 100 W. Oak Street, Suite 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance. Applicant Information 1. Name, address and telephone number of the nonprofit organization Page 3 II. III. Name and telephone of executive director or contact person List of Board of Directors members and officers Attach documentation of incorporation and 501(c) (3) nonprofit status including Articles of Incorporation, and letter from Secretary of State's Office showing corporation currently in good standing and any documentation from internal revenue service showing tax exempt, non-profit status. Development Information 1. Name of development 2. Location (Please provide a general location and a legal description of the property.) Attach a map showing the site. 3. Describe the current status of the project - zoning issues, property acquisition, site preparation, building plans, required permits/approvals, projected start of construction and completion dates. Attach documentation of site control. 4. Provide a project budget including a list of all financing sources. Attach copies of award letters or other documentation of secured financing. 5. Other: a. Number of affordable single family units b. Number of affordable multifamily units (elderly & disabled) c. Statement from Building Inspections Department regarding the number of exemption needed for the project. d. Dollar amount of incentive grants requested (c multiplied by $4,592) Affordability Information 1. Describe how the organization will establish and enforce the required period of affordability for the unit(s). 2. What is the household income level of the project beneficiaries? 3. Describe the organization's household income verification procedures. 4, Attach a rent schedule for each affordable rental unit. 5. Attach a price schedule for each affordable owner unit. Page 4 City of Denton Impact Fee Incentive Grant Program Application Certification I, the undersigned duly authorized representative of , a Texas not-for-profit corporation which meets the requirements of the Texas non-profit corporation act, (the "Applicant") owner of the proposed residential development described in the attached documents located at (property address), do hereby make application to the City of Denton for (number) SFE impact fee incentive grants. I do hereby and declare, certify and represent as follows: 1. The applicant intends to construct single family units to be sold to qualified homebuyers or construct and operate a unit multi-family rental residential development (the Development) to be located within the City of Denton, Texas and desires that the City Provide grants of public funds to assist the Development from payment of water/wastewater impact fees in accordance with the Impact Fee Incentive Grant Program Guidelines. 2. The Applicant has received a copy of the Impact Fee Incentive Grant Program Guidelines with accompanying attachments, has reviewed the documents and hereby agrees to comply with all terms and provisions of the guidelines. 3. The Applicant has submitted a completed copy of the Impact Fee Incentive Grant Program Application and to the best of my knowledge, the information contained therein is true and correct. 4. The Applicant, if awarded an incentive grant, hereby agrees to execute a grant agreement (Attachment B) with the City of Denton for receipt of the grant. The Contract contains such provisions as are necessary to carry out the requirements of the Impact Fee Incentive Grant Program. 5. Before issuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton in the amount of the number of incentive grants granted times $4,592 and a Deed of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that the unit(s) receiving the incentive grant will be occupied by an eligible family with income below 80% of the median family income for the Dallas area and requiring an affordabitity period of five years for owner-occupied housing and ten years for multifamily housing. If the unit is not occupied within 15 months of the issuance of the Certificate of Impact Fee Incentive Grant Program approval, the Applicant will pay the $4,592 per unit required impact fee and such fee will be forwarded to the Utilities Department. Page 5 Based on the foregoing, the Applicant requests that the City of Denton grant the requested exemption in accordance with the Impact Fee Incentive Grant Program Guidelines. WITNESS MY HAND THIS DAY OF , APPLICANT BY: Title: Page 6 I-- Z Iii C) Z C) E AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: ACM: Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Consider approval of a resolution allowing Metzler's Restauram to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreemem in conformity with this resolution; and providing for an effective date. BACKGROUND The Cinco de Mayo Committee, made up of community volumeers and City staff voted for the seventh consecutive year to support the sale of alcohol at the event, allowing Metzler's Restaurant to be the sole proprietor of this product. Metzler's Restaurant will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. All proceeds from the sale will support further Cinco de Mayo Celebration evems. The annual Cinco de Mayo Celebration evem is a Hispanic cultural festival, co-sponsored by the City of Demon Parks and Recreation Departmem. It is held in Civic Cemer Park and includes a parade, local vendors, children's activities, and emertainmem. The free daytime evem runs from 10:00 a.m. - 8:00 p.m. The evem cominues to experience growth each year in community participation through local vendors and emertainmem. Last year's evem hosted around 12,000 participams with 60 vendors and two emertainmem stages. This would be the sevemh year that alcohol will be sold at this event. There have not been any security issues at the previous evems. This year Ben E. Keith and Miller Beer of Demon are the major community sponsors. RECOMMENDATION Parks, Recreation and Beautification Board recommends approval of the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. OPTIONS Council options include the approval or denial of the ordinance and agreemem as submitted. Council may also opt to modify the agreemem to include additional or modified requiremems. RECOMMENDATION Staff' recommends approval of' the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. ESTIMATED SCHEDULE OF PROJECT The Cinco de Mayo Celebration is May 1, 2004, from 10:00 a.m. - $:00 p.m. PRIOR ACTION/REVIEW At the April 5, 2004, meeting the Parks, Recreation and Beautification Board recommended approval of'this item. FISCAL INFORMATION This action has no impact on the City's General Fund budget. All costs and revenue from this action will be solely the responsibility of' Metzler's Restaurant. BID INFORMATION Not applicable EXHIBITS 1. Resolution 2. Contract 3. Park, Recreation and Beautification Board Minutes of April 5, 2004. RESPECTFULLY SUBMITTED: Prepared by: Janie McLeod, Management Assistant Parks and Recreation Department Janet Simpson, Director Parks and Recreation Department S:\Our DocumentskResolutions\04\Cmco De Mayo alcohol sell,doc RESOLUTION NO. A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 2004, 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 Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center 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 Cinco De Mayo Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at tiffs year's Cinco De Mayo Celebration on May 1, 2004; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Cineo 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, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2004 at the Civic Center Park upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carder, with the City as an additional insured, in the amount of $500,000.00. EXHIBIT 1 Agrees 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 ., 2004. EULINE BROCK, MAYOR ATTEST: JENNII~ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Ottt Documents\Contracts\04\Cinco De Mayo Conlr~ct.doc STATE OF TEXAS COUNTY OF DENTON This Agreement, made this __ CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION day of ., 2004, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE (called "METZLER' S"). 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 METZLER'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May 1, 2004 to be held at the Civic Center 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 celebration set for the year 2004. ARTICLE 2 SCOPE OF SERVICES METZLER'S in order to exercise the privilege to sell alcoholic beverages must perform the following: METZLER'S 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 Celebration. METZLER'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcohohc beverages at the Cinco De Mayo Celebration. METZLER'S'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 Cinco De Mayo Celebration. EXHIBIT 2 ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S 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. METZLER'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sate of alcoholic beverages. METZLER'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 4 INDEMNITY AGREEMENT METZLER'S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against may 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 METZLER'S 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 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, METZLER'S 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 Carders of at least an A- or above: 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 tess than $100,000 in the aggregate. METZLER'S shall furnish insurance certificates or insurance policies at the C1TY'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 Cinco De Mayo Celebration Agreement - Page 2 shall not be canceled or modified without written notice to the CITY and METZLER' S. In such event, METZLER'S 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 METZLER'S ' To CITY: METZLER'S FOOD AND BEVERAGE: Roy Metzler 628 Londonderry Lane Denton, Texas 76205 (940) 591-1652 CITY OF DENTON: City Manager 215 E. McKirmey 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 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 Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, METZLER'S 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 METZLER'S 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 METZLER'S 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 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. Co 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. 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. C/nco De Mayo 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 METZLER'S has executed this Agreement through its duly authorized undersigned officer on this the day of , 2004. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, ATTORNEY BY: METZLER'S FOOD AND BEVERAGE: BY: ROY METZLER WITNESS: BY: Cinco De Mayo Celebration Agreement - Page 5 DRAFT DRAFT Parks, Recreation and Beautification Board Water Works Park April 5, 2004 Members present: Jo Kuhn, Geri Aschenbrenner and Reginald Heard. Staff present: Janet Simpson, Bob Tickner, Emerson Vorel, Janie McLeod, John Whitmore and Lancine Bentley. Vice Chair Jo Kuhn called the meeting to order at 6:00 p.m. Awards and Recognition - Janet announced that the department had been presented with three awards from the state TRAPS conference. Approval of Minutes - Minutes were approved as distributed with one correction. Under Discussion Item - Civic Center Concept Plan - in the second paragraph first sentence read: "She added" and should read "He added". ACTION ITEMS Open Space Master Plan. No action taken due to a lack of quorum. Consider a Request from Metzler's Restaurant to Sell Alcohol Beverages at Cinco de Mayo. It was the consensus of the Board members present to allow staff to conduct a poll of absent members on this item. Janie McLeod polled the Board and received unanimous approval for the sell of alcohol beverages at Cinco de Mayo. DISCUSSION ITEM Lake Forest Concept Plan. Bob reviewed the concept plan map and the comments from the public meeting held on February 26~h at Lake Forest. The long-range concept plan includes unlighted athletic fields, recreation facilities, tennis courts, picnic and play ground facilities, a dog park, and nature and jogging trails. He said there were about 50 citizens in attendance. Bob added that there were no negative comments about the Dog Park being located in this park but that the residents did say that they did not want lighted athletic fields in the park. There were concerns expressed about the traffic flow on Ryan Road and the current entry location of the park might contribute to more traffic problems. Bob told the residents that issue would be addressed. Bob said the Concept Plan would be brought back to the Board at a later time for the Board's formal approval. DIRECTOR'S REPORT Staff' Presentation on Keep Denton Beautiful - Lancine Bentley gave an overview of the Keep Denton Beautiful history, activities, the three main areas, and their committees. Project Status Report. Bob said the skate park bids would be presented to City Council on Tuesday and that the skate park should be operational by the end of June. Keep Denton Beautiful Report - There were no questions on the distributed report. EXHIBIT 4 DRAFT DRAFT Items for Next Meeting - Open Space Master Plan. There being no further business, the meeting was adjourned at 6:50 p.m. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 20, 2004 Tax Kathy DuBose SUBJECT Consider approval of a tax refund for the following property tax: Tax Name Reason Year Amount ~ rdC hr ~ ni 1 ~ ~S up P! ~ ~ ~ ntg!~ g BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $9,775.26. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transit Operations Jon Fortune, Assistant City Manager SUBJECT Consider the adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton and JVC Real Estate; and providing an effective date. BACKGROUND John Vann, President of JVC Real Estate wishes to lease a parcel of land totaling approximately 16,200 square feet of land at the Denton Airport. The terms of the lease will obligate JVC Real Estate to construct a hangar facility within 720 days. This facility will be constructed for the purpose of commercial or general aviation aircraft storage and/or aviation related ventures. OPTIONS I. Approve the lease as proposed. II. Provide staff direction with additional lease options. RECOMMENDATION The Airport Advisory Board unanimously recommends the approval of the lease as proposed. Airport staff recommends approval of the proposed lease ESTIMATED SCHEDULE OF PROJECT The lease would become effective May 1, 2004 and continue through the 30th day of April 2034 (30 years). The lease also provides for two successive option terms often years each. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease. The Airport Advisory Board recommends approval of the lease as presented. FISCAL INFORMATION The lease rate for the identified site is $0.17 per square foot per year. The lease rate for the first two years will be $2,754 per year. The lease agreement provides for rate adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per FAA requirement. EXHIBITS Ordinance Lease Agreement Attachment A Respectfully submitted: Mark Nelson Director of Airport and Transit Operations S:\Our Documents\Ordinances\04~¥C Real Estate Airport Or&doc ORDINANCE NO. AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CiTY OF DENTON, TEXAS AND JVC REAL ESTATE, L.L.C.; AND PROVIDING AN EFFECTWE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an airport lease agreement for commercial operator between the City of Denton and JVC Real Estate, L.L.C., in substantially the form of the Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BI~y~~~'TO~Y AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR This Lease Agreement is made and executed to be effective this First day of May, 2004 (the "Effective Date") at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", JVC Real Estate L.L.C., hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Denton Municipal Airport (the "Airport") in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee deskes to lease certain premises at the Airport and construct and maintain an aircraft hangar and related aviation facilities thereon; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONIDFFTON,q OF LEASE AGR~RMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPT.F~S OF OPF, R ATTONS. The right to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing: t. To fumish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCR1M1NIATION: Lessee, for itself, its personal representatives, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant nmning with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; Lessee shall use the premises in compliance with all other requirements imposed by or pUrSuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi- nation in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDIVIDIIAI,R TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport fi:om performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-g,3fCIIISIVE RTGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive fight within the meaning of Title 49 U.S.C. Appendix § 1349. E. pllglI,IC, AREAS, Lessor reserves the right to further develop or improve the Ianding area of the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. Lessor shall be obligated to maintain and keep in good repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the fight to direct and control all activities of Lessee in this regard. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, AIRPORT LEASE AGREEMENT JVC LLC - Page 2 relative to the operation or maintenance of the Airport. Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article m, the following described land situated in Denton County, Texas: A. Land. A tract of land, being approximately 90 feet by 180 feet, 16,200 square feet, or 0.372 acres, drawn and outlined on Attachment "A", and legally described in Attachment "B," such attachments being incorporated herein by reference (the "Leased Premises"). Together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this agreement, the term "Leased Premises" shall mean all property located within the metes and bounds described and identified within Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. A legal description of the leased premises is not currently attached as Attachment "B". Lessee shall deliver to Lessor no later then 30 days after the date of this Agreement a legal description of the leased premises accurately describing the leased premises that is acceptable to Lessor. If Lessee fails to do so, Lessor at its option may terminate this Agreement, in which case it will have no further force and effect. The approved legal description will be attached to this Agreement as Attachment "B". B. IMPROVI~.MF~,NTS PROV1DF, D BY I,ESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities" below. For the purpose of this Lease Agreement, the term "Lessor improvements" shall mean those things on or adjacent to the Leased Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the Leased Premises. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C.. IMPROV1R~IM'F~NT~q PROVIDFJ') PlY LF~q~q~F. On the Leased Premises, Lessee shall construct a hangar/office facility not less than 8,000 square feet with taxiway access and appropriate culverts or drainage as required by City ordinances in the utility right of way south and north of the proposed hangar as well as other improvements as determined necessary by City ordinances (the "Lessee's Improvements'). The Lessee's Improvements shall be completed not more than 720 days from the effective date of this Lease Agreement AIRPORT LEASE AGREEMENT JVC LLC - Page 3 as evidenced by the issuance of a Certificate of Occupancy (the "Construction Period"). Notwithstanding anything contained in this Lease Agreement to the contrary, a failure to complete the Lessee's Improvements within the Construction Period may, at the sole option and discretion of the Lessor, result in the immediate termination and cancellation of this Lease Agreement upon 30 days written notice of cancellation to Lessee. In such case Lessee's rights under the Lease Agreement will immediately cease and be forfeited, and all of Lessee's Improvements shall immediately become the property of Lessor at no cost, expense or other compensation paid by Lessor to Lessee; and Lessee shall immediately vacate the Leased Premises. D. EASEIVIF~NTS. Lessor and Lessee by mutual agreement may establish, on the Leased Premises, easements for public access on roads and taxiways. E. ACCESS TO 11TIIJT~S_ Lessor represents that there are water, sewer and 3- phase electricity lines within close proximity to the Leased Premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the Leased Premises. ll[. TRI~M The term of this Lease Agreement shall be for a period of thirty (30) years, com- mencing on the 1st day of May, 2004 and continuing through the last day of April of 2034, unless earher terminated under the provisions of the Lease Agreement (the "Lease Term"). Any attempt by Lessee to renegotiate this Lease Agreement shall be in writing addressed to the City Manager or his designee at least one hundred eighty (180) days before the expiration of the Lease Term, and at least 180 days before the expiration of any additional renegotiated period. Lessee has the option to renew for two (2) additional ten (10) year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the Airport. IV. PAYMENTS: RENTAI,S AND Fg, F,S Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement, the following payments, rentals and fees: A. T,AND RF.N-TAT, shall be due and payable in the sum of $0.17 per square foot or $2,754 per year (the "Original Rent"), payable in twelve (12) equal monthly installments in the sum of Two Hundred and Twenty Nine and fifty cents ($229.50) in advance, on or before the 1st day of each and every month during the term of this Lease Agreement. Lessee has the option to pay annual rentals and fees in whole on or before the 1st day of April, at the beginning of the City's fiscal year, each and every year of this Lease Agreement. Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced in Section 1V.C., times the number AIRPORT LEASE AGREEMENT JVC LLC - Page 4 of square feet comprising ali easements established in accordance with Article II (D).~ B. LESSOR rMpROV'I~'MENtT~q RFNTAI.S. NONE: improvements on the Leased Premises. There are no Lessor C. PAYMENT: PF~NAT.TY_ ADH ISTM~NTS. All payments due Lessor fi:om Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Customer Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received on or before the 15th day of the month, a five percent (5%) penalty will be due as of the 16th. If payments are not received by the first of the subsequent month, an additional penalty of one percent (1%) of the unpaid rental/fee amount will be due. A one percent (1%) charge will be added on the first of each subsequent month until the unpaid rental/fee payment is made. The Original Rent for the Leased Premises shall be readjusted at the end of each one year period during the Lease Term on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth Bureau of Labor Statistics bears to the previous odd month 2004 index, which was 175.7 .. (1982-84 = 100). Each rental adjustment, if any, shall occur on the 1st day of May, beginning 2006, and every other year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the Original Rent by a fi:action, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this Lease Agreement. If the product of this multiplication is greater than the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the Original Rent there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given two-year period shall not exceed the annual rental payment calculated for the previous CPI adjustment by more than twenty percent (20%) percent. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the formula set forth above, but by substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas- Fort Worth geographical region and the U.S. City Average are discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to AtP, PORT LEASE AGREEMENT JVC LLC - Page 5 exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the Lease Term, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics pubhshed by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF I,ERSF~F. A. lIRE OF IJEAR~D PREMIRIRR. Lessee is granted the non-exclusive privilege to engage in or provide the following: l--langar gnace Lea~ing Lessee is granted the non-exclusive right to rent hangar space. 2. Office Roace l.ea.qint& Lessee is granted the non-exclusive fight to rent office space. 3. Tie-Down gervice.q. Lessee is granted the non-exclusive right to charge for tie- down services on Lessee's property. Lessee, its tenants, employees, invitees and guests shall not be authorized to conduct any services not specifically listed in this Lease Agreement. The use of the Leased Premises by Lessee, its tenants, employees, invitees or guests shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and avia- tion. No person, business or corporation may operate a commercial, retail or industrial business upon the Leased Premises or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. RTANT)ARDR_ Lessee shall meet or exceed the following standards: 1. ~ Lessee shall file with the Airport Manager and keep current its mailing addresses, telephone numbers and contacts where it can be reached in an emergency. 2. I.ist_ Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. 3. Condne. t. Lessee shall contractually require its employees and sublessees (and sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. l ltilifie.q: Taxe.q and '[?eo..ql Lessee shall meet all expenses and payments in connection with the use of the Leased Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, hcense fees and assessments lawfully levied or assessed. AIKPORT LEASE AGREEMENT JVC LLC - Page 6 5. I.agus. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property.. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Leased Premises, and shall keep the Leased Premises neat, clean and in respectable condition, free fi:om any objectional matter or thing, including trash or debris. Lessee agrees not to utilize or permit others to utilize areas on the Leased Premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would dislract from the appearance of the leased premises. Lessee agrees that at no time shall the Leased Premises be used for a flea market type sales operation. Painting nf lquildings. During the Lease Term of this Lease Agreement and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the Leased Premises be repainted. The Lessor may require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed.) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from Lessor. Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor, within the one (1) year period shall constitute Lessee's default under this Lease Agreement. 8. IJnauthorized u.qe of l,o.a.~ed Premises. Lessee may not use any of the Leased Premises for any use not authorized herein unless Lessor gives Lessee prior written approval of such additional use. Without limiting the foregoing the Leased Premises shall not be used for the operation of a motel, hotel, restaurant, private club or bar, apartment house, storage of recreational vehicles, automobiles, or marine vehicles, or for industrial, commercial, retail, or other purposes, except as authorized herein. ~. It is expressly understood and agreed that no dwelling or domicile may be built, moved to or established on or within the Leased Premises nor may lessee, its tenants, employees, invitees, or guests be permitted to reside or remain as a resident on or within the Leased Premises or other Airport premises. AIRPORT LEASE AGREEMENT JVC LLC - Page 7 10. ~. Lessee shall quit possession of the Leased Premises at the end of the Lease Term or any renewal or extension thereof, or upon cancellation or termination of the Lease Agreement, and dehver up the Lease Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. lndemni~_ Lessee must indemnify, hold harmless and defend the Lessor, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands and/or actions for damages, injuries to persons (including death), propexty damage, (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs, occasioned by or incidental to the Lessee's occupancy or use of the Leased Premises or the Airport and/or activities conducted in connection with or incidental to this Lease Agreement, including all such causes of action based on common, constitutional or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Lessee, its officers, agents employees, invitees or other persons. Lessee must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, customers, visitors, invitees, licensees and other persons, as well as their property, while in, on, or involved in any way with the use of the Leased Premises. The Lessor is not liable or responsible for the negligence or intentional acts or omissions of the Lessee, its officers, agents, employees, agents, customers, visitors and other persons. The Lessor shall assume no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects, whether real or alleged, which may now exist or which may hereafter arise upon the Leased Premises, responsibility for all such defects being expressly assumed by the Lessee. The Lessee agrees that this indemnity provision applies to all claims, suits, demands, and actions arising from all premise defects or conditions. TI--IF. I.ES,qOR AND TI-IF, LE~RSF. FJ EXPRESST,¥ INTl'.ND THIS INDEMNITYPROVLqlON TO REQIITRF, I,E,q~qF, E TO INDP. MNIFY AND PROTECT THE I,F,,qSOR FROM THE CON,qF, QIIRNTCF, S OF Tt4~, LESSOR'S OWN N--EGTJGF. NCE WI-]JIJR I,ES~OR I,q PARTICIPATING IN THI,q I,RASE AC, RF. EMF,NT WI-IF.R~ THAT NEGIJC, F. NCE lS A CONCIIRRING CAUSE OF TI-IE IN.IIIRY; DEATH: OR DAMAGF~ NOTWlTI4STANT)iNG THF. TERMS OF THE PRECEDING SRNTENCF. S: THIS INDF. MNITY PROVISION DOF. S NOT APPI.Y TO ANY CI.AIM: T.O~qS: DAMAGE: CAIISE OF ACTION: STIlT AND IJAlqlI.IT¥ WHERE THE IN.IlIRY_ DEATI-I: OR DAMAC, R RE~RIJLTS FROM TI-IE SOl.F, NEGLtGEN]CE OF TI-IR I,RSROR OR ANY OP ITS EMPI,OYERS; CONTRACTORS: OR AGF. NTS: IINM1XED WITH TI-IR FA111 ,T OF ANY OTHER PERSON OR F. NTITY. AIRPORT LEASE AGREEMENT JVC LLC - Page 8 12. Chemical.q, Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations goveming the storage, handling or disposal of such chemicals and paints. Further, the Lessee shall be solely responsible for all discharges, whether accidental or intentional, of any chemical and for the costs associated with the cleanup, remediation and disposal of said chemicals. 13. lttazarctnn.q Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or any other regulatory authority, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the Leased Premises, or to the person(s) on the Leased Premises who are causing said violation(s), and upon dehvery of such written notice, Lessor shall have the fight to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the Leased Premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist fi:om said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the Leased Premises and correct the violation(s) at the sole cost and expense of Lessee, and Lessor shall not be responsible for any damages incurred to any improvements on the Leased Premises as a result of the corrective action process. In addition, such violation shall be considered a material default by Lessee authorizing Lessor, at its sole option and discretion, to immediately terminate and cancel this Lease Agreement. AIRPORT LEASE AGREEMENT JVC LLC - Pag'e 9 C. SIGNS. No sins, posters, or other similar devices ("Signage") shall be placed on the exterior of the Lease Improvements or on any portion of the Leased Premises or Airport property without the prior written approval of Lessor. Lessee, at/ts sole expense, shall be responsible for the creation, installation and maintenance of all such Signage. Lessee shall pay to Lessor any and all damages, injuries, or repairs resulting from the installation, maintenance or repair of any such Signage. Any Signage placed on the Leased Premises shall be maintained at all times in a safe, neat, sightly and good physical condition. All signage shall be removed from the Leased Premises by Lessee immediately upon receipt of instructions for removal of same from Lessor, including without limitation, upon expiration or termination of this Lease Agreement. If Lessee falls to remove the Signage then Lessor may do so at the sole cost and expense of Lessee. Lessee shall be permitted the right to place two wail signs, no greater than thirty-two square feet each, identifying the commercial hangar operation. All signage shall comply with all applicable ordinances including the City of Denton sign ordinance." D. ENTRY. Lessor and its designees shaI1 have the right to enter the Leased Premises upon reasonable advance notice (written or oral) and at any reasonable times for the purposes of inspecting the Leased Premises, perfolTning any work which Lessor elects to perform under this Lease Agreement, and exhibiting the Leased Premises for sale, lease, or mortgage. Nothing in this section shall imply any duty upon Lessor to do any work, which under any other provision of this Lease Agreement Lessee is required to perform, and any performance by Lessor shall not constitute a waiver of Lessee's default. VI. COVF, NANT,q BY 1 .F,.qSOR Lessor hereby agrees as follows: A. PF, AC,~VI FL F~N.IOYMF, NT. Upon on payment of all rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Leased Premises and all rights and privileges herein granted. B. COM-PlJANCF,_ Lessor warrants and represents that in the establishment, construction and operation of the Airport, that Lessor has heretofore and at this time is complying with all existing roles, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from the Airport; Lessor further warrants and represents that at all times during the Lease Term, or any renewal or extension of same, that it will continue to comply with the foregoing. AIRPORT LEASE AGREEMENT JVC LLC - Page 10 VII. RPl~.C. IAI~ CON-~ITION,R It is expressly understood and agreed by and between Lessor and Lessee that this Lease Agreement is subject to the following special terms and conditions. RIINWAYS AND TAXIW. AYS. Because of the present thirty thousand (30,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of thirty thousand (30,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical activity" referred to in this clause shall include any activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of violating the provisions of this section on two or more occasions shall be sufficient to cause the immediate termination of this entire Lease Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. I.RAgRI-IOI,D ]MPROVF. MF, NTg A. R~QI I-[RF, MI~.NrFS: Before commencing the construction of any improvements on the Leased Premises including Lessee's Improvements (the "Lease Improvements"), Lessee shall submit: Documentation, specifications, or design work, to be approved by the Lessor, which shall estabhsh that the improvements to be built or constructed upon the Leased Premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the Leased Premises of the proposed construction and improvements; 3. The estimated cost of such construction. No construction may commence until Lessor has approved the plans and specifications and the location of the Lease Improvements, and the estimated costs of such construction. Approval by the Lessor shall not be unreasonably withheld. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy of this Lease Agreement filed with the City Secretary of Lessor su'ch actual mounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when AIRPORT LEASE AGREEMENT JVC LLC - Page 11 endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this Lease Agreement. No later than 30 days after completion of the Lease Improvements, Lessee shall submit to Lessor detailed as built plans of the Lease Improvements and documentary evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements ("Cost to Construct Lease Improvements"). B. ADDITICINAT. CONSTRIICTIC}N or 1-MPRC}VEM-FNT~: Lessee is hereby authorized to construct upon the Leased Premises, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this Lease Agreement, provided however, Lessee shall comply with all of the requirements of Section VIII.A., above. Such additional improvements shall be a part of the Lease Improvements. C. OWNER.qFI]PC)F1MPROVE. MENT~q: Except as otherwise provided in this Lease Agreement, the Lease Improvements constructed upon the Leased Premises by Lessee shall remain the property of Lessee during the Lease Term subject to the following conditions, terms and provisions: 1. Remaval of lqnilding~q~ No building or permanent fixture may be removed from the Leased Premises. A.q~umptinn. The Lease Improvements shall automatically become the property of Lessor absolutely flee, without any cost to Lessor, at the end of the Lease Term, or any extension thereof. Failure to Comnlete Tessee'~q Improvements. The Lease Improvements shall immediately become the property of Lessor at no cost, expense, or compensation to Lessee should Lessee fail to complete the Lessee's Improvements within the Construction Period as provided in Section II.C of this Lease Agreement. Cancellation or Termination. Should this Lease Agreement be cancelled or terminated before the end of the Lease Term, or extension thereof, Lessor shall have the right to purchase ali of the Lease Improvements. In the event of a cancellation or termination, other then due to a default by Lessee that has not been cured as provided below, the purchase price shall be equal to the most recent value of the Lease Improvements as determined by the Denton County Central Appraisal District ("Value of the Lease Improvements") reduced by 1/30 for each year of the Lease Term that has expired as of the date of termination (the "Purchase Price"). Should the Denton County Central Appraisal District not determine a separate value for the Lease Improvements then the Purchase Price will be determined taking the Cost to Construct the Lease Improvements reduced by 1/30 for each year the Lease Term has expired as of the date of termination. If the termination or cancellation is due AIRPORT LEASE AGREEMENT JVC LLC - Paqe 12 to a default by Lessee that has not been cured with/n 30 days after written notice of default to Lessee, then the Purchase Price as determined above shall be reduced by 50%. IX. ,qIrl:IROGATTONI OF MORTGAGe. g. Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon the Leased Premises and operate or manage said hangar, structure, building or improvement according to the terms of this Lease Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the Lease Term. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. X. RIGI-IT OF F, ARFM-F. NT Lessor shall have the right to establish easements, at no cost to Lessee, upon the Leased Premises for the purpose of providing underground utility services to, from or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Leased Premises and Lessor shall restore the property to the original condition as is reasonable practicable upon the installation of any utihty services on, in, over or under any such easement at the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. A,qRTGN1MRNIT OF LF. ASE Lessee expressly covenants that it will not assign this Lease Agreement, convey more than fifty percent (50%) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the Leased Premises for any purpose, except for rental of hangar space or fie-down space for storage of aircraft only, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, hcense, or assigrunent of the facilities for Airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the Leased Premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this Lease Agreement shall remain binding upon the assignees, if any, of Lessee. AIRPORT I_F. ASE AGREEMENT JVC LLC - Paste 13 A. REQIIIRFD INSTIRAN~CE: Lessee shall maintain continuously in effect at all times during the term of this Agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flight operations of Lessee. Fire and extended coverage for replacement value for ail facilities used by the Lessee either as a part of this Agreement or erected by the Lessee subsequent to this Agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. Alt policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. Ali policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any require- ments shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with ali increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. AIRPORT LEASE AGREEMENT JVC LLC - Page 14 In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the south- western region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. XIII. CANICF. I ,[.ATION RY l In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this Lease Agreement by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all of the Lease Improvements under the provisions of Section VIII. C.4. hereof. XIV. CANICF. I .T ,ATIOIq BY T.F,S,qF.F~ Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent juris- diction of a permanent injtmction in any way preventing or restraining the use of the Airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use the Lease Premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, role or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel this Lease Agreement as aforesaid, or may elect to continue this Lease Agreement under its terms, except, however, that the Use of the Leased Premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. AIRPORT LEASE AGREEMENT JVC LLC - Page 15 xV. MTSCF~T J,ANEOT ~R pROVTRTONS A. FNTIRF. AGRF, EMENT. This Lease Agreement constitutes the entire understanding between the parties and as of its Effective Date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINIDING F, FFE~CT Ail covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVlqR Alq,.ITy. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. ?qOTTCF.. Any notice given by one party to the other in connection with this Lease Agreement shall be in writing and shall be sent by certified mail, remm receipt requested, with postage fees prepaid or via facsimile as follows: i. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 Fax No.940.349.8596 2. If to Lessee, addressed to: JVC Real Estate LLC. John A. Va.ma, Ph.D, President 1424 Gables Court Piano, Texas 75075 Phone (972) 599-9550 Fax No. (972) 964-1928 E. Hlq~ADINGS. The headings used in this Lease Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. CW)VERN1NIG T AW AND VI~NIYE,. This Lease Agreement is to be construed in accordance with the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease AIRPORT LEASE AGREEMENT JVC LLC - Page 16 Agreement shall be a court of competent jurisdiction in Denton County, Texas. G. NO WAIVFR. No waiver by Lessor or Lessee of any default or breach of covenant or term of this Lease Agreement may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease Agreement. H. NC} AGENCY.. During all times that this Lease Agreement is in effect, the parties agree that Lessee is and shall not be deemed an agent or employee of the Lessor. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the Effective Date first above written. CITY OF DENTON, TEXAS, LESSOR BY: MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRQJ..JTY, CITY ATTORNEY B Y: JVC Real Estate, L.L.C. ent AIRPORT LEASE AGREEMENT JVC LLC - Page 17 -ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of ,2004, by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said municipality. NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS § COUNTY OF DENTON § instrument was acknowledged before me on the ~/~ day of_~:~ 2004 by This John A. Varm, President, JVC Real Estate L.L.C. / r NO~4d:~Y PUBLIC, STATE OF TEXAS AIRPORT LEASE AGREEMENT JVC LLC - Page 18 ATTACHMENT A nl (ss 88'~'~o-~) 88"~5'05~£ 180.50' SPARTAN DRIVE'~ '" 24' Asphalt Surface (130' Taxiway, Drainage, &: Uflllfy Esmf.) /2" ~aS/Cop. (S 88'$6'10"E) 89.96' Part of Lot 1, Block 1 Southeast Airport Addition Cabinet C, Page 295, P.R./D.C.T. ~,!/2" IRF S 88'40'44"£ 89.13' Pad' of Lot 1, Block 1 Southeast Airport Addition Cabinet G, Page 295. P.R./D.C,T. )up CBS, (S 88'36'10"E) 89.96' 1 Ip. IRS/Cap. ~ Southeast Addition 0 Pad of Lo  Cabinet G, Pc P.R./D.C.T. Southe(~st A · Cabinet C, Pag~ 0 Z 0 (N 88'56'1 89.96' See Detail B SURVEY NOT VALID~ 60' Access, Drainage, & Utillh/ Easement 50' Asphalt Surface 30 0 1"= 30' 30 GRAPHIC SCALE - FEET AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transit Department Jon Fortune, Assistant City Manager SUBJECT Consider approval of a resolution of the City Council of the City of Demon, Texas, supporting transfer of Federal Transit Administration Designated Recipient Status from the City of Denton to the Denton County Transportation Authority; and providing an effective date. BACKGROUND As a result of the 2000 Census, the Demon and Lewisville Urbanized Areas were combined and designated as the Denton/Lewisville Urbanized Area in 2003. Prior to this designation, Denton and Lewisville were idemified as separate urbanized areas and thus received federal transportation grant funds independently of each other through the North Texas Council of Governmems (NCTGOG). For this reason, Demon and Lewisville curremly maimain their status as a Designated Recipient. The recent confirmation of the Denton County Transportation Authority (DCTA) has created a third organization eligible for designated recipiem status. In fact, as a result of an independem funding source (sales tax), by definition, the Federal Transportation Authority (FTA) recognizes that DCTA is also a Designated Recipiem for the Demon/Lewisville Urbanized Area. NCTCOG and the Federal Transportation Authority (FTA) strongly discourages having more than one Designated Recipient in each Urbanized Area. NCTCOG serves as the Metropolitan Planning Organization (MPO) which has jurisdiction in the planning and application of gram funds for transportation services. Staff has met with representatives from NCTCOG, the FTA and DCTA and staff has agreed the City of Demon should transfer Designated Recipiem Status to DCTA so that all grants and funds can be centrally administered. The transfer of designated recipient will essentially result in the City of Denton Public Transportation submitting grant requests to DCTA, which the DCTA will then incorporate into their application process to NCTCOG for transportation related grams. The City of Lewisville is also considering a similar resolution that would transfer their Designated Recipient status to DCTA, yet allow Lewisville to maintain their Grantee Status. The transfer of this status will improve the efficiency in which the DCTA can operate transportation services in Denton and the remainder of Denton County. DCTA has indicated to staff that they will become financially responsible for the City of Demon LINK Operations as of October 1, 2004, therefore centralizing grant administration with DCTA will improve fiscal accoumability. OPTIONS: I. Approve the transfer of the Federal Transportation Authority Designated Recipient Status to the DCTA II. Provide staff direction with first and second alternates. PRIOR ACTION/REVIEW: The City Attorney's Office has reviewed and prepared the Resolution FISCAL INFORMATION: Should both Demon and Lewisville transfer the Designated Recipient Status to DCTA, DCTA would become the sole Designated Recipiem for the Demon/Lewisville Urbanized Area. This will allow the DCTA to plan public transportation related initiatives, submit grant requests and administer federal grants for the Urbanized Area through a central location. DCTA would then be responsible for all matching funds to FTA related grams. EXHIBITS Resolution Respectfully submitted: Mark Nelson, Director Airport and Transit Operations S:\Our Doeuments~,Resolutions\04~ederal Transi Admin Resolution. DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING TRANSFER OF FEDERAL TRANSIT ADMINISTRATION DESIGNATED RECIPIENT STATUS FROM THE CITY OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is one of the two Federal Transit Administration ("FTA") Designated Recipients in the DentordLewisville Urbanized Area; and WHEREAS, a coordinated county transportation authority, the Denton County Transportation Authority ("DCTA"), has been confirmed in a county wide election; and WHEREAS, the DCTA has been funded by a ½ cent sales tax in the cities of Denton, Lewisville, and Highland Village; and WHEREAS, the citizens of Denton, Lewisville and Highland Village have confirmed and funded the authority to carry out mass transportation services with in the Urbanized Area; and WHEREAS, the coordination and funding of mass transportation service requires the ability to apply for and receive Federal funding; and WHEREAS, do to the fact that DCTA is expected to fund public bus service within the City of Denton beginning with fiscal year 2004-2005 the City of Denton will no longer need the capability to apply for and receive direct federal funding for mass transportation services; and WHEREAS, the DCTA will apply for FTA grant funds to be applied for the purpose of improving mass public transportation for the citizens of the City of Denton and the County of Denton, including bus service within the City of Denton beginning in fiscal year 2004-2005; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City of Denton, Texas supports the transfer of Federal Transit Administration designated recipient status from the City of Denton to the Denton County Transportation Authority. SECTION 3. The City Manager is authorized to execute all other documents necessary to effectuate such change. SECTION 3. This resolution passage and approval. PASSED AND APPROVED this the shall become effective __day of immediately upon its ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance abandoning and vacating a Sanitary Sewer easement from Wheeler Ranch, LTD. to City of Denton recorded in Volume 5105, Page 3845 of the Real Property Records of Denton County, Texas, in the B. Merchant Survey, Abstract No. 800; and declaring an effective date. BACKGROUND A few years ago, Wheeler Ridge LTD., started developing the tract of land known today as the Wheeler Ridge Addition. During the platting & design process, the utility requirements where evaluated by the DRC "Development Review Committee" engineers. The utility routes and service requirements where discussed and defined with the applicant's engineer. For a sanitary sewer service to the development, the applicants engineer chose a specific alignment for a sanitary sewer line. Considering the topography of the land and the nearest manhole elevation, Wheeler Ridge LTD., conveyed a sanitary sewer easement in a location that passed through an existing electric transmission easement. After the acceptance of the sanitary sewer easement the developer approached the owner of the electric transmission easement for an encroachment agreement. The Owner of the electric transmission easement then informed the developer, that no trench work would be permitted within a 20-foot radius around the electric transmission pole. This was a problem for the developer since the sanitary sewer line was designed to run approximately 1 O-feet away from an electric transmission pole location. After the developer was notified of the no trench zone, the developer contacted the DRC Engineer about this issue. They concluded to change the route of the Sanitary Sewer line so that it would not encroach into the no-trenching zone around the electric transmission pole. The developer has since then dedicated a public utility easement for the revised alignment of the sanitary sewer line. The new easement will replace the previous dedicated sanitary sewer easement. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the draft Ordinance. ESTIMATED PROJECT SCHEDULE May 2004 PRIOR ACTION/REVIEW None FISCAL INFORMATION An alternative easement has been granted for the new alignment of the sanitary sewer line to ensure a safe distance between the electric transmission pole and the sanitary sewer line at no cost to the city. ATTACHMENTS > Location map > Draft ordinance Prepared By: Mark A. Laird Technical Assistant Real Estate & Capital Support Division Respectfully submitted: Charles Fiedler, Director Engineering Department LOCATION MAP 3r Nowlin Road Wheeler Ridge Phase 2 ON Phase 3 NORTH Scale: N.T.S LOCATION MAP By: Mark A. Laird Date: 03/05/04 WHEELER RIDGE ADDITION City of Denton Engineering Department City of' Denton, Denton County, Texas ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING AN SANITARY SEWER EASEMENT FROM WHEELER RANCH, LTD. TO CITY OF DENTON RECORDED IN VOLUME 5105, PAGE 3845 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, IN THE B. MERCHANT SURVEY, ABSTRACT NO. 800; AND DECL.MtJNG AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of certain sanitary sewer easement recorded in volume 5105, page 3845 of the Real Property Records of Denton County, Texas (the "Sanitary Sewer Easement") from the underlying and abutting fee simple owner; and WHEREAS, the City of Denton Engineering Department has reviewed the Sanitary Sewer Easement and determined that it cannot be used for sanitary sewer purposes due to a conflict with an existing electric transmission pole. To resolve tkis issue the current owner of the property has dedicated to the City of Denton a Public Utility easement to address this area around the electric transmission pole. Therefore, the Sanitary Sewer Easement is no longer needed; and WHEREAS, the City Council hereby finds and determines that the Sanitary Sewer Easement is not needed and it is in the pubhc interest to abandon the Sanitary Sewer Easement and the City's interests therein to the current underlying and abutting landowner ("Current Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Sanitary Sewer Easement is hereby vacated and permanently abandoned and the interests of the City of Denton therein are hereby released and will revert to the Current Owner as provided by law. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2004 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY~TTORNEY BY: * ' Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 20, 2004 Fire Department Jon Fortune, Assistant City Manager SUBJECT. Consider an ordinance amending and updating a mutual aid agreemem (86-188) between the City of Denton and Denton State School for mutual assistance during times of catastrophic events, emergencies or disasters; and providing for an effective date. BACKGROUND. The Mutual Aid Agreement between Denton State School and the City of Denton was originally completed September 16, 1986 and submitted for State of Texas approval. The Risk Management Staff at the State School and Emergency Management Program Manager for the City of DeNon recognize that since this documem is 18 years old it needs to be updated with current language and terminology. RECOMMENDATION. The Director of Emergency and Disaster Services and the emergency management staff recommend that this Mutual Aid Agreement be signed to update the Mutual Aid Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions). At your meeting of April 6, 2004, you adopted a modem Emergency Managemem Plan and a modern Emergency and Disaster Planning and Response Ordinance (Disaster Ordinance). Section 9-7 of that Ordinance - Mutual Aid Agreement - authorizes the Mayor, as the Director of Emergency and Disaster Services, to enter into reciprocal aid, mutual aid, joint powers agreements, or other compacts, plans or agreements for the protection of life and property. This Agreement is consistent with the goals of the Disaster Ordinance. FISCAL INFORMATION. There will be no fiscal impact as a result of the approval of this Agreement and it could have a positive financial impact since it will facilitate optimum sharing of resources during times of a catastrophe event, emergency or disaster. EXHIBITS Ordinance Mutual Aid Agreement Respectfully submitted: Ross Chadwick Fire Chief/EMC City of DeNon S:Our Documalt ~Ordhlmlce~04 State School Mutual Aid Agreemalt doc ORDINANCE NO. AN ORDINANCE AMENDING AND UPDATING A MUTUAL AID AGREEMENT (86-188) BETWEEN THE CITY OF DENTON AND DENTON STATE SCHOOL FOR MUTUAL ASSISTANCE DURING TIMES OF CATASTROPHIC EVENTS, EMERGENCIES OR DISASTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas finds that the identification of potential hazards and the mitigation of their effects must be an on-going concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a Mutual Aid Agreement, and the means for its implementation, for the protection of lives and property in the City of Denton from natural or manmade disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation preconceived plans, regulations, and preparations with a minimum of delay; and WHEREAS, the City Council finds that it is in the public interest to provide for the necessary powers and authority to provide prompt and effective use of all City resources to prepare for, respond to, and recover from disasters that are likely to affect the public health, welfare and safety; and WHEREAS, in times of disasters and emergencies there is an urgent need for the immediate enactment of Mutual Aid Agreements to protect the public health, welfare, and safety; and WHEREAS, in accordance with Section 9-7 of the City Code, the Mayor as Director of Emergency and Disaster Services hereby recommends a Mutual Aid Agreement with Denton State School for approval; and WHEREAS, the City Council finds, therefore, that the approval of a modern Mutual Aid Agreement with the Denton State School is necessary and 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 Mutual Aid Agreement with the Denton State School is hereby approved and the Mayor, as Director of Emergency and Disaster Services, is hereby authorized and directed to execute, the Mutual Aid Agreement between the City of Denton and Denton State S:Our Documalts Ordhmnces 04 State School ~vlumal Aid Agreemalt doc School for mutual assistance during times of catastrophic events, emergencies or disasters under the terms and conditions contained in the Agreement which is attached hereto and made a part hereof. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of _,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 MUTUAL AID AGREEMENT Between Denton State School And City of Denton, Texas The following Mutual Aid Agreement (the Agreement) sets forth the terms of agreement between Denton State School and the City of Denton, Texas, with regard to implementation of a Continuity of Operations or Emergency Management Plan during an emergency or disaster. WHEREAS, School and City are both local governments with the authority and power to contract; and WHEREAS, School and City have the power to contract subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, Texas Government Code, Chapter 418, "Emergency Management" or other applicable law; and WHEREAS, School and City have the authority to perform the services set forth in this Agreement individually and will make all payments for services out of current revenues and each party agrees such payments will fairly compensate the party performing the services. WITNESSETH: 1. Parties and Purpose This Agreement is entered into between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "City" and the Denton State School, a facility owned and operated by the Texas Department of Mental Health and Mental Retardation, hereinafter referred to as "School" to provide for mutual assistance during times of catastrophic events, emergencies or disasters. 2. Mutual Assistance in Public Emergency In the event of occurrence of a natural, technological or terrorist incident or emergency or disaster as these terms are defined in Chapter 9 of the City Code, "Emergency and Disaster Planning and Response," which cannot be met with the usual resources and facilities of the parties hereto, the City and School shall agree, upon request of the other, to furnish the assistance provided for herein. Notwithstanding any other provision setting forth the assistance to be provided, the extent or ability to provide such assistance shall be determined solely by the party from whom assistance is requested or furnished. It is understood that the assistance requested or furnished may be refused, limited or recalled at the sole discretion of the party from whom assistance is requested or furnished. 3. Assistance by the City of Denton Should the School suffer a catastrophic event, emergency, disaster, or other similar occurrence after the completion of this Agreement, the City shall, upon the request of the School, subject to the limitations of this Agreement, provide the following. Available vehicles required for evacuation or transportation of the School's personnel and clients to safe areas. Assistance in coordination and arranging for temporary lodging of the School's personnel and clients when evacuation of the School's facilities is required. Assistance in providing for the furnishing and delivery of food, medical supplies and personnel, and other necessary emergency equipment, supplies or personnel, to the School or to temporary lodging sites in cases where the School's facilities are required to be evacuated. Emergency clearing and control personnel at the School's facilities, to remove rubble, remove or replace damaged utility lines, control traffic and provide other services as needed to provide emergency care to School's personnel and clients. Any other services, personnel, equipment, or material that is warranted and available and deemed necessary under the circumstances. It is understood and agreed by the parties that the School will request the Mayhill-Cooper Creek Volunteer Fire Department to be dispatched to the School Campus to assist with fire emergencies on or near the Campus until the City Fire Department arrives and responds to a fire emergency. 4. Assistance by Denton State School Should the City suffer a catastrophic event, natural disaster, or other similar occurrence within the contemplation of this Agreement, the School shall, upon the request of the City, subject to the limitations of this Agreement, provide the following. a. Temporary lodging facilities in School facilities b. Supply available vehicles for emergency transportation needs. Provide available surplus food, supplies, and equipment not immediately needed by School staff or residents. Any other services, personnel, equipment, or material that is warranted and available and deemed necessary under the circumstances. Page 2 of 4 $. Coordination and Planning of Assistance under Agreement. The City hereby authorizes and directs its Director of Emergency and Disaster Services and his or her staff, and School hereby authorizes and directs its designated officer or employee, to mutually plan for, establish, and coordinate the details of implementing and furnishing the services and assistance agreed to be provided in this Agreement. 6. No Duty Imposed This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties. Any performance undertaken pursuant to this Agreement shall be completed before the government function of providing emergency services to the public in general and this Agreement is not meant to and shall not be construed as imposing any duty, public or private, on any party hereto to provide any assistance, aid, or care to the other party or to any third party. 7. Mutual Responsibility and Preservation of Defenses City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's employees and agents, City's subcontractors and/or contract laborers in performing services under this Agreement with the School. School agrees to and accepts full responsibility for acts, negligence, and/or omissions of all School's employees and agents, School's subcontractors and/or contract laborers performing services under this Agreement. It is further agreed that if a claim or liability should arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas including, without limitations, the defense of governmental immunity and the limitations or liability imposed during times of disaster and emergency by Chapter 9 of the City Code, Chapter 418 of the Government Code and other applicable laws. & Term, Amendment or Cancellation of Agreement This Agreement shall continue in effect until terminated by either party hereto, by such party giving thirty days' written notice to the other of its intent to terminate this Agreement. 9. Allocation of Costs The Emergency Facilities shall be made available free of charge for up to 72 hours, to include utilities. Should other costs be incurred, such costs will be the full responsibility of the participants who incur them. 10. Texas Law Controls This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. Page 3 of 4 11. Severability In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. APPROVED: The undersigned officers hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that the necessary ordinances, resolutions, orders or other actions extending said authority have been duly passed and are now in full force and effect and, by their signatures hereto, bind themselves to the faithful performance of this Agreement. City of Denton, Texas Denton State School By: By: Euline Brock, Mayor Date: Denton State School Administrator Date: Attest: Jennifer Walters, City Secretary By: Approved as to Legal Form: Herbert L. Prouty, City Attorney BY: Page 4 of 4 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Human Resources Kathy DuBose Questions concerning this item may be directed to Carla Romine at 349-8344 SUBJECT Consider a resolution establishing a standing committee of the City Council of the City of Denton for Council appointee performance reviews; appointing the initial members of the committee; and providing an effective date. BACKGROUND At the February 17, 2004, City Council meeting, an ad hoc Council Appointee Performance Review Committee was formed. This Committee's purpose was to develop goals for the 2004 review period for the City Manager, City Attorney, and Municipal Judge to be considered and approved by the City Council. During the course of their meetings, the Committee members developed a process to draft mutually agreed upon goals, including consultation with the appointees and other City Council members. They realized the value of such a process and determined there was an on-going need for this Committee. Therefore, the Committee members are recommending to the City Council that the Council Appointee Performance Review Committee become a standing committee. RECOMMENDATION Adopt a resolution to establish the Council Appointee Performance Review Committee as a standing committee of the City Council. PRIOR ACTION REVIEW No prior action or review. FISCAL INFORMATION This item has no fiscal impact. Respectfully submitted: Carla J. Rom~ne Director of Human Resources City Council Committee Performance Measures for City Council Appointees Clearly defining expectations, setting mutually agreed upon goals, and providing informal and formal feedback are critical to the success of an employee. To that end, the City Council is committed to synergistically working with its appointees to develop a list of goals that will help actualize the City's mission statement: To be a leader among cities in delivering outstanding, quality services and products through citizen involvement, innovation, and efficient use of resources. Additionally, the City Council is committed to maintaining an open dialogue with its appointees to ensure performance expectations are clear. To help facilitate this process, the City Council has adopted the following procedures: A Committee of three (3) Council Members has been established to work with each Appointee (City Manager, City Attorney, and Municipal Judge) to develop a list of mutually agreed upon goals by the Appointee and the entire City Council. The City Council will elect members to serve on this Committee each year. Each committee will elect a chairperson. The Committee is responsible for meeting with the appointees individually each January to discuss his/her performance and accomplishments from the previous year and to establish goals for the following year. o Goals for each year will be established as follows: o Each committee member will make his/her recommendations for institutional and personal goals for each appointee. Each committee member will poll a council member not on the committee to receive input on the three appointees' goals. The committee will ask each appointee to provide a list of institutional and personal goals. Each committee member will be assigned an appointee. He/she will meet with the appointee to discuss the "draft" goals set by the committee (with input from the rest of the City Council Members) as well as the goals set by the appointee. Overlaps will be identified, modifications will be made, and the committee will review a comprehensive list of the "draft" goals for each appointee. Upon agreement of the "draft" goals by the committee and the appointee, the chair of the committee will present a written copy of the goals to the entire City Council for approval (typically in a closed meeting session with no appointees present). Upon approval of the City Council, the final goals will be discussed with each appointee individually in a meeting with the committee members. Final, agreed upon goals will be signed by both the appointee and the committee chair. A copy Page 1 of 2 of these goals will be forwarded to the Director of Human Resources for placement in the appointee's personnel file. o The committee is also responsible for ensuring the City Council appointees' job descriptions are accurate and up-to-date. This will be accomplished by reviewing the job description annually with the appointee. Any changes to the job description will be recommended to the City Council for approval. Final changes to the job description will be forwarded to the Director of Human Resources. o There will not be a "formal" mid-year review, but the committee or the appointee can request to make adjustments to the goals or request a meeting on an "as needed" basis. Any adjustments to the goals need to be approved by the City Council and should be initialed by both the appointee and the chair. A copy should be forwarded to the Director of Human Resources for placement in the appointee's personnel file. Page 2 of 2 S:\Our DocumentskResolutions\04\Couneil Appointee Perfornkance Review Committee Resolution. DOC RESOLUTION NO. A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON FOR COUNCIL APPOINTEE PERFORMANCE REVIEWS; APPOINTING THE INITIAL MEMBERS OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Council heretofore established a temporary subcommittee (the "Temporary Committee") to recommend performance review standards to the City Council for City Council appointees, being the city manager, city attorney and municipal court judge; and WHEREAS, the City Council finds that it is in the public interest to establish the sub- committee as a standing committee of the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2 The City Council hereby establishes a standing committee to be called the Council Appointee Performance Review Committee (the "Committee"). The Committee shall consist of three City Council Members with the Director of Human Resources (the "Director") as an ex officio member. The initial memberS of the Committee shall be the same as the Temporary Committee which consists of Councilmember Bob Montgomery, Councilmember Perry McNeill, Councilmember Jack Thompson and ex officio member, Carla Romine, Director of Human sources. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the City Council and become qualified. The person holding the position of Director will automatically succeed as the ex officio member of the Committee. SECTION 3. The duties of the Committee include the ongoing (1) performance review of City Council appointees and (2) appointees' job descriptions, in order to make recommenda- tions to the City Council to assist the Council in evaluating the job performance of the Council Appointees. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: '~~ Page 2 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET April 20, 2004 Economic Development Mike Conduff SUBJECT Hold a public hearing inviting citizens to commem on the City of Demon's 2004 Action Plan for Housing and Community Development. BACKGROUND On an annual basis, the City of Demon prepares an Action Plan for submission to the US Departmem of Housing and Urban Developmem (HUD). The Action Plan serves as the City's application for Community Developmem Block Gram (CDBG) and Home Investmem Partnerships (HOME) programs. This year, it will also serve as the City's application for HUD's new American Dream Downpayment Initiative program. HUD requires a 30-day comment period. The commem period for the 2004 Action Plan is April 1 through April 30. Copies of the plan are available for citizen review in the Community Development Division office on the 5th floor of the Wells Fargo Building, 101 S. Locust, Suite 500 and on the City's website. The 2004 Action Plan includes recommendations from the Community Developmem Advisory Committee and the Human Services Advisory Committee. CDBG and HOME administration funds are also included. Funding for the new American Dream Downpaymem Initiative Program is allocated to the City's existing Homebuyer Assistance Program. ESTIMATED PROJECT SCHEDULE Public commem period CDAC & HSAC presemation to City Council Public Hearing Action Plan approval Submission of Action Plan to HUD HUD release of funds & program initiation April 1 through April 30 April 20, 2004 April 20, 2004 May 4, 2004 June 15, 2004 August 1, 2004 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Developmem Advisory Committee (CDAC) reviewed requests for housing, infrastructure and economic developmem funding. CDAC recommended $1,322,084 in funding for 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 2004 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 allocated $153,963 in CDBG funding to various programs. Both committees presented their recommendations to City Council at the work session on April 20, 2004. FISCAL INFORMATION All projects and programs approved under the 2004 Action Plan are funded with CDBG and HOME funds. No general fund dollars are included in the proposed Action Plan activities. Some general funds may be used for program administration. EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. 2004 Action Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2004 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS APPLICATIONS FUNDING Available REQUEST $731,932 $590,152 NON-PROFIT: DAY CARE BUILDING RENOVATION $23,340.00 $9,400.00 $0.00 ENG. DEPT. CRESCENT SEWER LINE $108,386.00 $108,386.00 $0.00 PHA PHOENIX APARTMENT DEMOLITION $250,000.00 $100,000.00 $0.00 NON-PROFIT: COMMUNITY CENTER ADDITION $25,000.00 $25,000.00 $0.00 PARD MLK PLAYGROUND $40,000.00 $25,000.00 $0.00 PARD AMERICAN LEGION BREEZEWAY $19,000.00 $19,000.00 $0.00 NON-PROFIT: FOOD PANTRY FACILITY CONST $61,806.00 $0.00 $0.00 COM. DEV. MINOR REPAIR PROGRAM $99,000.00 $99,000.00 $0.00 COM. DEV. MICROENTERPRISE LOAN PROGRAM $30,000.00 $19,303.00 $0.00 TOTAL FUNDING RECOMMENDED $1,893,255 $731,932 $590,152 CDBG AND HOME FUNDS AVAILABLE $1,322,084 $731,932 $590,152 Shaded requests are HOME eligible activities 2003 Human Services Funding Applicants I The shaded boxes are agencies with awards from C.D.B.G. Funds 2004-2005 2004-2005 Agency Service Beneficiaries 2002-2003 2003-2004 Request Recommendation 1 Adult Day Care of North Texas Elderly, Developmentally Disabled $9,000 $9,000 $0 $0 2 AIDS Services of North Texas Persons Affected by HIV/AIDS '15,500 $15,000 $20,000 $16,000 3 Boys & Girls Clubs of Denton Co.-Youth School Aged At Risk Youth '1,000 $16,068 $0 4 Boys & Girls Clubs of Denton Co.-Teen Young Adults At Risk $10,790 $0 5 Campfire School Aged At Risk Youth $30,463 $0 6 CASA Abused Youth Needing Placement $8,000 $8,000 $10,000 $10,000 7 Children's Advocacy Center Youth-Victims of Abuse, Sexual Assault '10,350 $9,650 $12,000 $12,000 8 City of Denton- After School Action School Aged Youth/Disabled Youth $17,000 $17,000 $27,500 $16,600 Site/TRAC 9 City of Denton -King's Kids Day Kamp School Aged at Risk Youth $19,800 $19,800 $28,366 $20,000 10 City of Denton - Owsley Summer School Aged At Risk Youth $19,500 $19,500 $23,187 $22,000 Playground 11 Communities in Schools School Aged At Risk Youth $8,000 $0 12 Community Food Center Needy Families, Individuals $3,000 $3,000 $3,000 $3,000 13 Cumberland Children's Home Families Needing Transitional Housing *$6,500 $10,000 $5,000 14 Denton Christian Preschool Preschool Youth *30,500 $30,000 $31,200 $31,200 15 Denton City-Co. Day School Preschool Youth *35,350 $35,000 $38,000 $38,000 16 Denton Co. Federation of Families Youth with Special Needs $25,000 $0 17 Denton Co. Friends of the Family Victims of Relationship Violence *36,500 $32,400 $45,000 $35,000 18 Denton County MHMR (SIERRA) Adultswith Mental Illnesses $9,000 $9,000 $14,700 $9,000 19 Denton Family Resource Center All Families '8,150 $7,650 $10,000 $10,000 20 DISD- After School Program School Aged Youth $16,500 $0 21 Fairhaven Retirement Home Elderly $7,500 $8,880 $8,880 22 Family Health Care, Inc. Indigent Pregnant Women $30,000 $30,000 $30,000 $30,000 23 Fred Moore Day Nursery Preschool Youth, Infants *39,300 $39,000 $45,000 $43,000 24 HelpNET Needy Families, Service Agencies $22,500 $22,500 $0 $0 25 HOPE, Inc. Homeless, Potentially Homeless *30,500 $30,000 $31,000 $31,000 26 Habitat For Humanity Households Assisted by HFH $25,110 $0 25 Interfaith Ministries Persons Needing Utilities Assistance '17,750 $17,250 $18,250 $18,250 28 Owsley Comm. School - Adult Educ. Youth, Families living in Owsley addition $14,750 $14,750 $0 $0 29 Our Daily Bread Homeless, Potentially Homeless '1,500 30 Owsley Comm. School - After School School Aged At Risk Youth $13,000 $13,000 $14,830 $14,000 31 REACH Persons with Disabilities *$6,000 $0 $0 32 Riding Unlimited Persons with Disabilities $825 $1,500 $1,500 33 RSVP Elderly $7,400 $7,400 $10,000 $10,000 34 Salvation Army Homeless Individuals, Families $15,000 $15,000 $25,000 $17,000 35 Singing Oaks Church of Christ Homeless Individuals, Families $25,000 $12,500 36 Sickle Cell Disease Association Families Impacted by Sickle Cell $4,500 $4,500 $8,000 $8,000 37 SPAN Elderly $29,000 $29,000 $30,000 $30,000 38 Walking Prayer Clubs School Aged Youth $68,300 $0 I 39 Woman to Woman School Aged Youth $37,000 $0 Annual Totals without Discretionary Funding $ 449,675 $ 437,400 $ 757,643.53 $ 451,930 Annual Totals including Discretionary Funding $ 468,675 *A portion or the total allotted award to these agencies funds were from discretionary funds per City Council request. It should be noted that agencies were given a two year period to expend some of the discretionary funds allotted; however, all of the funds were expended during the 2002-2003 contract year. General Fund Recommendation $ 297,967.00 C.D.B.G. Recommendation $ 153,963.00 Total $ 451,930.00 Note: In the 2004-2005 Recommendations, the amount recommended for Interfaith includes $1,363 from C.D.G.B. and $16,887 from general fund. 1 CITY OF DENTON -YEAR ACTION PLAN 2004 Program year Housing Park Facilities Public Improvements Human Services ;for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Submitted to Denton City Council on April 20, 2004 www.cit¥ofdenton.com ADA/E OE/ADEA mo Bo TABLE OF CONTENTS Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 2 4. Citizen Participation ..................................................................................................... 2 5. Amendments ................................................................................................................. 3 Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities Do 1. Summary ....................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ......................................................................................... 17 CP Strategies and Proposed Projects ................................................................................ 18 1. Housing Strategies ...................................................................................................... 18 2. Continuum of Care Strategies .................................................................................... 20 3. Lead-Based Paint Strategies ....................................................................................... 23 4. Human Services Strategies ......................................................................................... 24 5. Infrastructure & Public Facilities Strategies .............................................................. 25 6. Demolition Strategies ................................................................................................. 26 7. Anti-Poverty & Economic Development Strategies .................................................. 26 E. Proposed Project Map ...................................................................................................... 27 F. Other Program Requirements Go 1. HOME- Forms of Investment ................................................................................... 28 2. HOME - Tenant-Based Rental Assistance ................................................................ 28 3. American Dream Downpayment Initiative - Targeting ............................................. 29 4. Monitoring Standards and Procedures ...................................................................... 29 5. Public Housing Improvements ................................................................................... 30 6. Public Housing Resident Initiatives ........................................................................... 30 7. Institutional Structure ................................................................................................. 32 Certifications .................................................................................................................... 32 Minutes 1. Public Hearings on November 17, 2003 .................................................................... 37 2. Public Hearing on December 8, 2004 ........................................................................ 41 3. Public Hearing on April 20, 2004 .............................................................................. 43 4. 30-day Comment Period ............................................................................................. 43 5. Community Development Advisory Committee Minutes .......................................... 44 6. Human Services Advisory Committee Minutes ......................................................... 53 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2004 Action Plan for the Community Developmem Block Gram (CDBG), HOME Investmem Partnership (HOME) Programs and the American Dream Downpaymem Initiative (ADDI). In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Developmem Act of 1974, as amended, the City of Demon is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2004 Program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Demon's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were idemified in 2000 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, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanem Housing w and w/o Supportive Services), and Support Services; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Development of additional childcare, Improvement of health care services, Cominue work with Cominuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, 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. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2004 CDBG allocation is $1,026,421, the HOME allocation is $620,722 and the ADDI allocation is $51,438. A total of $87,000 in program income is projected for the 2004 Program year. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of DeMon's local match for the HOME program is $138,788. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of DeNon will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. Denton County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. o 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 2004 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held November 17th and December 8th . The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2004 funds should be spem. At least one of the public hearings was held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. 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 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 governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2004 Action Plan process, one public hearing will be scheduled on April 20, 2004 during a City Council Meeting to give citizens the opportunity to commem on the 2004 proposed projects and activities. See page 44 for minutes of the public hearings. Page 2 AMENDMENT o 2003 Action Plan for Housing and Community Developmem: The City of Demon has also amended the 2003 Action Plan for Housing and Community Development. The amendmem would allow the City of Demon to reallocate $23,158 in CDBG funds. The 2003 Action Plan included $23,158 in CDBG funds for the construction of sidewalks on Bradshaw Street, however, other funds were utilized to complete the project. Since the funds were no longer needed for the construction of the sidewalks, funds were reallocated to the Home Improvemem Program, an existing program, and the Sidewalk Project was cancelled. o 2000-2004 Consolidated Plan for Housing and Community Developmem: The City of DeNon has also amended the 2000-2004 Consolidated Plan for Housing and Community Developmem to address the use of American Dream Downpaymem Initiative (ADDI). During the 2004 program year, the City of DeNon received funds from the American Dream Downpayment Imitative, a new component under the HOME Investment Partnerships Program. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single- family homes by providing funds for downpaymem, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of DeNon plans to utilize the ADDI funds under its currem Homebuyer Assistance Program, which is curremly using CDBG and HOME funds to assist first time homebuyers with down paymem and closing costs. 2004 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG $1,026,421 ESG $0 HOME with ADDI funds $672,160 HOPWA $0 Total $1,698,581 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG ESG HOME HOPWA Total Total Estimated Program Income $23,158 $0 $0 $0 $23,158 Page 3 CDBG Loan Repaymems HOME Loan Repaymems Total Section 108 Loan Guaramee Fund Total Funding Sources Other Funding Sources City of DeNon - General Funds City of DeNon - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $52,000 $35,000 $0 $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $87,000 $1,808,739 $8,323,026 $1,808,739 $0 Page 4 APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Armlic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas I Zip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) · · Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Deoartment of HousinQ & Urban Develooment 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-218 TITLE (Name of Program): Housing rehabilitation, minor repair, sewer Community Development Block Grant .mprovements, improvements to public facilities, new 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): construction, homeowner~hin a~i~tance, nrovi~ion of City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $1,026,421 .°° a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 PROCESS FOR REVIEW ON c. State $0 .u" DATE: d. Local $0?" b. No. X PROGRAM IS NOT COVERED BY E. ©. 12372 e. Other: American Dream $0 Downpayment Initiative ~j ORFoRPROGRAMREviEW HAS NOT BEEN SELECTED BY STATE f. Program Income $52~000.°° 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $71,078,421 .°° LJ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Page 5 A APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 1, TYPE OF SUBMISSION: 3, DATE RECEIVED BY STATE State Application Identifier Armlic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas I Zip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton,com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) · · Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of HousinQ & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-239 TITLE (Name of Program): Housing rehabilitation, assistance to CHDO, HOME Investment Partnership Program homeownership assistance, new construction and 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): nrooram administration. City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $620,722.uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 'u~ PROCESS FOR REVIEW ON c. State $0 .~ DATE: d. Local $0?u b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $51,438.°° ½ OR PROGRAM HAS NOT BEEN SELECTED BY STATE Dnwnn2vmc, nf Inifi2fiv¢, FOR RF\/IF\N f. Program Income $35,000.uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $707,160 ?" ~J Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative .=. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. x-xx) Prescribed bv OMB Circular A-102 Page 6 2004 PROJECTS/ACTIVITIES SUMMARY The City of DeMon's total federal and program income funding for 2004 is $1,808,739 (includes $23,158 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 16 and is arranged by alphabetically order. See the following list of CDBG, HOME and ADDI proposed projects and activities for their assigned page number: Page #1 Project Name CDBG/HOME/ADDI 8 AIDS Services of North Texas $16,000 8 American Legion Breezeway Project $19,000 8 CDBG Administration $215,684 9 Crescem Sewer Line Project $108,386 9 Cumberland Presbyterian Children's Home $350,000 9 DeNon Affordable Housing Corp - AHOP Program $140,000 10 DeNon City County Day School Renovations $9,400 10 Family Health Care, Inc. $30,000 10 Habitat for Humanity of Demon County $25,000 11 HOME Administration $65,570 11 Home lmprovemem Program $330,555 11 Homebuyer Assistance Program $51,438 12 HOPE, Inc. $31,000 12 Imerfaith Ministries $1,363 12 Microemerprise Loan Program $19,303 13 Minor Repair Program $99,000 13 MLK Playground Equipmem $25,000 13 Owsley Community Cemer Addition $25,000 14 PARD: After School Action Site/TRAC $16,600 14 PARD: King's Kids Day Kamp $20,000 14 PARD: Owsley Summer Playground Program $22,000 15 Phoenix Apartmem Demolition $100,000 15 ReNal Rehabilitation Program $49,000 15 Salvation Army $17,000 16 Tenant Based Rental Assistance $22,440 Total Funding Allocated to Projects $1,808,739 Funding Available $1,808,739 Unprogrammed Funds I $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2004 program year with CDBG, HOME and ADDI funds: AIDS SERVICES OF NORTH TEXAS - $16,000 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) Priority: Special Needs/Non Homeless Citation: 570.201 (e) Goal: 89 People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 121 Piner, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/04 AMERICAN LEGION BREEWAY PROJECT - $19,000 (CDBG) Installation of a metal, pitched-roof breezeway connecting the existing American Legion Hall building to the newly constructed Annex at 629 Lakey Street. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreational Facilities Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~] Homeless ~] HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: Address - 629 Lakey, Denton Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 Page 8 CDBG ADMINSTRATION - $212,684 (CDBG) 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. HUD Matrix Code: 2lA General Program Administration Priority: Planning & Administration Citation: 570.206 Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 CRESCENT SEWER LINE PROJECT - $108,386 (CDBG) Replacing a 6" sewer line on Crescent Street and an 8" sewer line from Crescent south to Denton High School. Project will be carried out by the City's Engineering Department HUD Matrix Code: 03J Waster/Sewer Improvements Priority: Infrastructure Citation: 570.201 (c) Goal: 681 People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 20403 BG 1 - 57% LM Start & Completion Date: 10/01/04 - 09/30/05 CUMBERLAND PRESBYTERIAN CHILDREN'S HOME - $350,000 (HOME) Construction of two new duplex (4 units) for the Single Parent Family Program, which provides assistance to homeless or potentially homeless single parents. Project will be located at 1304 Bernard Street and will be carried out by Cumberland Presbyterian Children's Home. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205(a) Goal: 4 housing units Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Private 570.200(c) Location: Address - 1304 Bernard, Denton Texas 76201 Start & Completion Date: 08/01/04 - 08/30/05 Page 9 DENTON AFFORDABLE HOUSING CORP - $140,000 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation Priority: Housing Citation: 92.205 (a) Goal: 27 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipiem: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 DENTON CITY COUNTY DAY SCHOOL RENOVATIONS - $9,400 (CDBG) Public facility improvemems to the DeNon City County Day School, a low-income day care, at 1603 Paisley. Funds will be used to replace the electrical wiring in the school. The project will be carried out by the City of DeNon and DeNon City County Day School. HUD Matrix Code: 03M Child Care Cemers Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 1603 Paisley, Denton Texas 76201 Start & Completion Date: 08/01/04 - 1/31/05 FAMILY HEALTH CARE - $30,000 (CDBG) 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 pregnam women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 10 HABITAT FOR HUMANITY OF DENTON COUNTY - $25,000 (HOME) Funds will be used to purchase a minimum of 2 lots in Denton for the construction of affordable homes for low-income families in Denton. Program will be carried out by Habitat for Humanity of Denton County. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205 (a) Goal: 2 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Private 570.200(c) Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME ADMINSTRATION - $65,570 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) Priority: Planning & Administration Citation: 92.207 (a) Goal: N/A Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME IMPROVEMENT PROGRAM - $277,843 (CDBG) AND $52,712 (HOME) 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. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 CDBG / 92.205 (a) HOME Goal: 5Housing Units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 11 HOMEBUYER ASSISTANCE PROGRAM - $51,438 (ADDI) 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 Community Developmem Division. HUD Matrix Code: 13 Direct Homeownership Assistance Priority: Housing Citation: Goal: 5 Households Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipiem: Local Govemmem Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOPE, INC. - $31,000 (CDBG) Provision of financial assistance and case managemem to families who are homeless and seeking to secure permanent housing. Funds will be used to assist the homeless and potentially homeless families with rem, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 INTERFAITH MINISTRIES - $1,363 (CDBG) Provision of emergency utility bill assistance to low-income residems of Demon. Funds will be used to provide emergency utility assistance for low-income families. Program will be carried out by Interfaith Ministries of Denton, Inc. HUD Matrix Code: 05Q Subsistence Paymems Priority: Public Services Citation: 570.204 Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 12 MICROENTERPRISE LOAN PROGRAM - $19,303 (CDBG) Loan program to promote business expansion by providing loans up to $10,000 to small businesses. Program carried out by the City's Community Development Division. HUD Matrix Code: 18C Micro-Enterprise Assistance Priority: Economic Development Citation: 570.208 (a) (2) Goal: Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MINOR REPAIR PROGRAM - $99,000 (CDBG) 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 Priority: Housing Citation: 570.202 Goal: 20 Housing Units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MLK PLAYGROUND EQUIPMENT PROJECT - $25,000 (CDBG) Installation of an age appropriate playground and shade structure adjacent to the existing playground at the MLK Jr. Recreation Center at 1300 Wilson. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreation Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 1 - 79% LM Start & Completion Date: 08/01/04 - 05/31/05 Page 13 OWSLEY COMMUNITY CENTER ADDITION - $25,000 (CDBG) Acquisition of' a portable classroom building, including set up on site with plumbing, electricity and air conditioning. Funds will also be used to improve covered walkways at 2535 Charlotte Street. HUD Matrix Code: 03E Neighborhood Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 2535 Charlotte, Denton Texas 76201 Start & Completion Date: 08/01/04 - 2/28/05 PARD: AFTER SCHOOL ACTION SITE/TRAC - $16,600 (CDBG) Provision of` after school care to low-income youth at any of`the city's after school action site programs. Funds will be used to provide scholarships for low-income participams and two low- tncome participams with a disability. Program will be carried out by the City of` Demon. HUD Matrix Code: 05D Youth Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Govemmem Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 PARD: KING'S KIDS DAY KAMP - $20,000 (CDBG) Provision of a summer playground targeted to youth in Southeast DeNon. Funds will be used to ~rovide scholarships for low-income participams. Program will be carried out by the City of Denton. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Govemmem Location: Address - 1300 Wilson St., Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 14 PARD: OWSLEY SUMMER PLAYGROUND PROGRAM - $22,000 (CDBG) Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participaNs. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited ClieNele SubrecipieN: Local GovemmeN Location: Address - 1001 Parvin St., Denton Texas 76205 Start & Completion Date: 05/31/04 - 08/31/05 PHOENIX APARTMENT DEMOLITION - $100,000 (CDBG) Demolition of several uninhabitable units at the Phoenix ApartmeNs a 131-unit housing project located at 308 S. Ruddell. Project will be carried out by the Housing Authority of the City of Denton. HUD Matrix Code: 04 Clearance and Demolition Priority: Other Citation: 570.201 (d) Goal: 150 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing SubrecipieN: Private 570.200(c) Location: 308 S. Ruddell, DeNon Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 RENTAL REHABILITATION PROGRAM - $49,000 (CDBG) Rehabilitation of single-family rental units that are available to low and moderate-income families. A combination of deferred and low iNerest payable loans is available to owners. The rehabilitated renal units are made available to low and moderate income households. Program will be carried out by the City's Community DevelopmeN Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 Goal: 2 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing SubrecipieN: Local GovemmeN Location: Community Wide Page 15 Start & Completion Date: 08/01/04 - 07/31/05 SALVATION ARMY - $17,000 (CDBG) Provision of emergency shelter for homeless individuals and families. Funds will be used to pay the salaries of a shelter manager and transitional shelter counselor. Program will be carried out by the Denton Corps of The Salvation Army. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address- 1508 E. McKinney, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 TENANT BASED RENTAL ASSISTANCE - $22,440 (HOME) Rental assistance to special needs households, including elderly and disabled. Funds will be used to provide rental assistance for two-year period. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Priority: Housing Citation: 92.209 Goal: 6 households Primary Purpose: [] Homeless ~ HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 16 OTHER RESOURCES AVAILABLE Also, during the 2004 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 program. 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 2004. Category / Agency General Funds Other Funds Aging Services Fairhaven Retirement Home $8,880 RSVP $10,000 SPAN, inc. $30,000 Emergency Services: Community Food Center $3,000 interfaith Ministries $16,887 Singing Oaks Church of Christ $12,500 Special Needs Services Cumberland Children's Home $5,000 Riding Unlimited $1,500 Youth, Children & Family Services Children's Advocacy Center $12,000 Court Appointed Special Advocates, Denton Co. $10,000 Denton Christian Preschool $31,200 Denton City Co. Day School $38,000 Denton County Friends of the Family $35,000 Denton Co. MHMR (SIERRA Program) $9,000 Denton Family Resource Center $10,000 Fred Moore Day Nursery School $43,000 Owsley Community School -After School Care $14,000 Sickle Cell Disease Assoc. $8,000 Total $297,967 Page 17 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2004 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 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of rental assistance available to Denton citizens. Encourage the development of self-sufficiency programs that move households off rental subsidies. Encourage and support the rehabilitation of substandard units in the city. Encourage and support the construction of additional affordable rental units. 1)No net loss in the number of units of assistance available from DHA. 2) Collaborative efforts between DHA and the City of Denton to increase available rental subsidies. Initial program objectives would be to move 3 to 5 households per year off rental assistance or other public assistance programs, approximately 20 households over the five-year period. Rehabilitation of 4 to 5 rental units per year. Approximately 25 units over the five-year ~eriod. Production of 50 additional affordable rental units each year, 250 over the five-year period. Support of Denton Housing Authority and funding of Special Needs Tenant Based Rental Assistance Program. Funding HOPE, Inc., Interfaith Ministries, Cumberland Children Home Program and Singing Oaks Church of Christ. Support of Denton Housing Authority. Funding of the City's Rental Rehabilitation Program. Support of Denton Affordable Housing Corp., City of Denton's Impact Fee Grant Waivers, eligible LIHTC Projects and the redevelopment of DHA's Phoenix Apartment Site. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities See Homeownership strategy Encourage and assist low- income renters in Denton to become homeowners. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, Habitat for Humanity. Support of DAHC's Infill New Construction Program and Nevada Court Project. Cominuation of City's New Construction Program with residual funds. Support for DHA's Family Self Sufficiency Program. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding budgeting, home maimenance, saving for major repairs and home cleaning practices. Assist low and moderate-income households with emergency housing repairs and weatherization. Encourage low and moderate- income homeowners to maintain their units up to current City of Denton code standards. Attendance at classes by 10 homeowners each year of the five-year period for a total of 50 homeowners. Average of 15 emergency repairs each year of the five-year period for a total of 75 repairs. Average of 7 units will be brought up to City of Demon building code standards on an annual basis. This will include renovated and reconstructed units. Approximately 35 loans will be provided over the five- year period Funding of City's Home Improvement Program and Homebuyer Assistance Program. Support of the Homeownership classes Funding of Minor Repair Program Funding of Home Improvemem Program HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding homeownership opportunities and responsibilities. 150-200 households participating in homeownership classes each year of the five-year period. Support City's and DAHC's Homeowner-ship classes Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Denton's low and moderate-income renter households. Encourage and support production of affordable units. Move 60 Denton renter households to homeownership each year of the five-year period. Construction of an average of 15 units per year over the five-year period for an estimated total of 75 new units. Funding of City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and Habitat for Humanity. Support of Denton Affordable Housing Corp. - Nevada Court and Continuation of City's Infill New Construction Program with residual funds. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons evicted from rental units or defaulting on mortgages. Support funding targeted toward assistance with rental and utility deposits. Support the Denton Housing Authority's requests for increased subsidies and Section 8 rental assistance vouchers, and increase the number of vouchers allocated to residents. By the third year, provide education to 100% of households receiving housing assistance. Fund an additional $50,000.00 in combined rental and utility deposits. Funding partnerships will be developed with the local housing authority in order to provide additional subsidies and affordable housing units. Support of Consumer Credit Counseling, homeownership classes and DAHC's Nevada Court New Construction. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, HOPE Inc. Funding of Interfaith Ministries, Singing Oaks Church of Christ, HOPE Inc., Salvation Army, Denton County MHMR. Support of Denton Housing Authority CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available services to make access to services more efficient and to address gaps in services. Add at least 15 organizations to the existing service coordination system. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving homeless hh's are educated on available services and taking part in the coordinated efforts. Coordinate funding partnerships to better provide coordinated services and to foster collaborative efforts. Train staff from participating agencies on the service coordination system. Partnerships will be created to increase funding by 50% for services provided to homeless households. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and referral to expedite provision of assistance. Improve intake, assessment and referral to expedite provision of assistance. Add an additional 15 agencies to the service coordination system and provide a central repository of information for improved coordination and intake. Add an additional 15 agencies to the existing service coordination system and link each of these agencies with existing database. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of increased shelter space for families and pregnant women. Work with existing agencies and public officials to determine alternative methods to assist households who have exceeded available shelter tenure. Investigate an emergency shelter for youth and the legal ramifications of such a shelter. Develop and open an emergency shelter by June 2005. Increase assistance to families needing shelter for 5 days to 30 days. Investigate bringing short- term family units to the community. Determine whether a youth shelter should be created in Denton and investigate funding sources, legal barriers, and potential providers. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. Funding of Cumberland Single Parent Transitional Housing Program. Participation in the Denton County Homeless Coalition. Page 21 5-yr Consolidated Plan Strategy 5-yr Consolidated Plan Outcome Measures 1-yr Action Plan Proposed Activities CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for homeless households with special needs. Develop affordable transitional housing units for homeless households. Assist a minimum of 20 additional families over the five years. 75% of total homeless families receiving transitional housing will come from target special needs population. An additional 20 transitional housing units will be developed through the join effort. Funding of HOPE, Inc. and Cumberland Single PareN Transitional Housing Program. Support of HOPE, Inc., DeNon Affordable Housing Corp. and DeNon County Friends of the Family. Funding for the Cumberland Single PareN Transitional Housing Program. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local public policies to support affordable housing and land acquisition. CoNinue to develop affordable housing and more appropriate housing for homeless households. Committee represeNatives will make at least 3 preseNations per year to city officials, local electorate and community leaders regarding affordable housing. Construct or develop of an average of 25 units per year over the five-year period for an estimated total of 125 new units. Participation in the DeNon County Homeless Coalition. Support of DAHC's Nevada Court Project, DeNon Housing Authority and Christian Community Action. CoNinuation of City's Infill New Construction Program with residual funds. Funding of Habitat for Humanity and Cumberland Children's Home. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES CoNinue to develop permaneN supportive housing units for homeless households with special needs. Create at least 15 new permaneN supportive housing units for homeless households with special needs. Support of DeNon Affordable Housing Corp., AIDS Services of North Texas and DeNon County MHMR. Page 22 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service coordination and collaboration among providers to assist clients toward maintaining self- sufficiency. Expand affordable, quality daycare for homeless households. Promote affordable health care and health education for uninsured and underinsured homeless households. Advocate for improved transportation to meet the needs of homeless households An additional 15 service providers will be added to the service coordination computer network, including a minimum of 5 in Lewisville. Additional childcare slots for homeless households will be available. An increase in public-private partnerships will take place. Denton County Homeless Coalition will make recommendations to public officials for improvement in transportation system. Participation in Denton County Homeless Coalition. Continuum of Care Grant. Funding for Fred Moore Day Nursery, City County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care Management System. Participation in the Denton County Homeless Coalition and Human Service Advisory Committee. Participation of Denton County Homeless Coalition. LEAD-BASED PAINT STRATEGIES Educate owners/first-time homebuyers on hazards and safe handling of lead-based paint. Reduce Lead-Based Paint Hazards residential units. 150-200 households participating in the successful homeownership workshops each year of the five-year period. Average of 50 units annually will receive lead-based paint reduction work and clearances. Funding of the ALERT Program, Home Improvement, Minor Repair and Homebuyer Assistance Programs. Funding of Home Improvement, Minor Repair, DAHC's Affordable Housing Opportunity Program and Homebuyer Assistance Programs. Page 23 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities HUMAN SERVICES STRATEGIES Explore various options for the developmem of additional childcare available to low- income households. Improve health care services available to low-income households. HSAC to work with the Demon County Homeless Coalition to focus on programs benefiting persons who are homeless or )otemially homeless Discuss and implemem a strategy to expand the current system of case coordination and centralize information among service providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that includes human services as an essential part of the community's infrastructure. During the five- year period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Evidence of additional child care opportunities; Implememation of voucher program or increase in current assistance levels; and Number of public-private collaborations that take place. Number of public-private collaborations that take place. Information describing effectiveness of the program in Denton and Denton County Positive response from local physicians and an increase in physician providing services to Medicaid-eligible households. Not Applicable. Not Applicable. Not Applicable. Cominue working Human Services Advisory Committee, United Way, CCMS, Fred Moore Day School, Demon Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Cominue working with Human Services Advisory Committee, Family Health Care, United Way, CHIP Coalition, Healthy Communities Task Force and Flow Foundation Participation in the Denton County Homeless Coalition and HMIS development. Cominue working with the Human Services Advisory Committee and the developmem of HMIS. Cominue working with the City of DeNon and Human Services Advisory Committee and local services agencies. Page 24 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Continue allocation of scare resources to meet urgent community needs as idemified through a community assessmem process. Funding of AIDS Services, Denton County MHMR, Family Health Center, HOPE Inc., Interfaith Ministries, PARD: ASAS/TRAC scholarships - Owsley Summer Playground Program - King's Kids Day Kamp, RSVP, SPAN Inc., Community Food Cemer, Salvation Army, Court Appoimed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Center, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., DeNon Christian Preschool, Children's Advocacy Cemer, Singing Oaks Church of Christ, Cumberland Children's Home, Fairhaven Retirement Home, Riding Unlimited and Owsley Community School. Support of Adult Day Care of North Texas INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and repaving, installation of curb and gutter. Installation of new sidewalks and replacemem sidewalks. Installation of water and sewer lines. Connection of residential units to services. Installation of drainage improvements removing residemial areas from floodplain. Rehabilitation and expansion of public services facilities. Improve and/or expand park facilities including open space, playground and other recreational facilities. Correction of deficiencies affecting the health and safety of neighborhood residems. 21,000 square yards of paving and/or repaving completed. Installation of 2,325 square yards of new sidewalks. Installation of 200 feet of new sewer and 2,000 feet of new water lines over the 5-year period. Eight to ten residential properties no longer designated as being in the flood plain. Improvements to 2 or more public service facilities that enhance services to low/mod clientele. Improvements to 2 park facilities by 2005. Graffiti removal on the exterior of businesses and removal of environmental contaminants from dumpsites. Positive input from the community on the effectiveness of these programs. Not applicable this year. Not applicable this year. Funding of Crescem Sewer Project. Not applicable this year. Funding of improvements at Denton City County Day School and Owsley Community School Addition. Funding for MLK Playground Equipmem Project and American Legion Hall Breezeway Project. Cominuation of Illegal Dumping and Graffiti Abatemem with residual funds. Page 25 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities DEMOLITION STRATEGIES Cominue to demolish substandard buildings to improve the appearance and safety of neighborhoods. To demolish 35 structures during the five-year period. Funding the Demolition Program and Phoenix Apartmem Demolition Project. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand training and employmem activities targeted to poverty and very low-income households. Expand educational opportunities for those seeking transitional housing or other housing support services. Encourage support of Section 3 goals by local contractors. Encourage start-up and expansion of micro/cottage industries supporting very low- income hhs. Observe a measurable increase in the number of poverty and low-income households who achieve self-sufficiency. Feedback indicating information was disseminated. 25-35 hh over 5 years in transitional prog receive counseling services. Over the five-year period 25+ individuals hired for projects by private contractors. Loan assistance to 25 microbusinesses over the five- year period. Support to North Texas Human Resource Group Funding of HOPE Inc., DeNon Affordable Housing Corp., and Support of Consumer Credit Counseling Funding of the Crescem Sewer, DeNon City County School electrical improvements, Owsley Community School Addition, American Legion Hall Breezeway, Phoenix Apartmem Demolition Project. Funding of Small Business Program with residual funds. Participation in Denton Small Business Group. Page 26 2004 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Census Tracts -I - I ' i 0-20 o_40% 2004 Projects and Activities l. AIDS Services of North Texas 2. American Legion Breezeway Project 3. Crescem Sewer Line Project 4. Cumberland Children's Home Project 5. Demon City County Day School Project 6. Family Health Care/Interfaith Ministries 7. PARD: Kings Kids Day Camp/ MLK Playground Equipment/ Phoenix Apartment Demolition 8. PARD: Owsley Summer Playground 9. Salvation Army Communi _ty-Wide Activities CDBG and HOME Administration Demon Affordable Housing Corp. - AHOP Program Habitat for Humanity of Denton County Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Microenterprise Loan Program Minor Repair Program PARD: ASAS Scholarships Rental Rehabilitation Program Tenant Based Rental Assistance Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance (HAP) will provide subsidies to low-income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amouN includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. 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 HAP Program, the City of Denton agrees to release the maker of the note from payment of the loan. Upon the borrower's failure to carry out the agreement and program requirements the entire amount of the loan, less one paymeN for each moNh after execution of promissory note, will be due and payable in full immediately from net proceeds. Net proceeds are defined as the sale price minus loan repaymeN and closing costs. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms of investmeN that are not described in §92.205(b) by the City of DeNon. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City ofDeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% ofreNers are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in DeNon has increased by 29% since 1980. About 40% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low- income elderly. Support services, designed to allow the elderly to remain independeN, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for renal assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of DeNon's Consolidated Plan and will serve to expand the supply of affordable, deceN, safe and Page 28 sanitary housing for very low-income households. AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) The American Dream Downpayment Initiative is a new component under the HOME Investment Partnerships Program (HOME), which was allocated during the 2004-05 program year. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single-family homes by providing funds for downpaymem, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of DeNon plans to utilize the ADDI funds under its current Homebuyer Assistance Program, which is currently using CDBG and HOME funds to assist first time homebuyers with down payment and closing costs. The City of Denton is also planning on conducting targeted outreach to residents and tenants of manufactured housing and Section 8 recipients for the purpose of ensuring that ADDI funds are used to provide down paymem assistance for such residems, tenams, and families. This will be accomplished by sending out information about the City's Homebuyer Assistance Program that explain who is eligible for assistance, the type of houses that are eligible and the process to obtain assistance. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmems. Based on the comparison the City of DeNon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departmems 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 accomplishmems. 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 cliem files, financial and accouming records, and procuremem procedures. Independem audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community Developmem Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maimains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maimains records on all rehabilitation projects. The Community Developmem Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maimains 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 accomplishmems is also required from all City programs and Page 29 projects. PUBLIC HOUSING IMPROVEMENTS The City of Demon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Demon has no public housing units. However, City staff will cominue 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 2000 - 2005 Action Plan notes four "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. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create ajoim Cominuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implememation of homeless and homeless prevemion services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Cominuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "staff" position for the group in an attempt to provide some cominuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of DeNon, DeNon Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvemem by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Developmem Division cominues to attend local quarterly and momhly builder's meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Page 30 Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 31 CERTIFICATIONS 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: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the grantee's workplace and specifying 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; 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; 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; 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 activity 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; 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; Page 32 Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the j urisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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 (n) of this 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 of Authorizing Official Date City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community 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 community development plan identifies community development and housing needs and specifies both short-term and long-term community 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. Page 33 Use of Funds -- It has complied with the following criteria: Maximum 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 that 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) 2004 (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, ifCDBG 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. 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 barfing 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 notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date City Manager Title of Authorized Official Page 34 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 of Authorizing Official Date City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. 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 imposed 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. B. 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. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) 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 identify 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. Page 35 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 ora 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 five). 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) Community Development Division, 101 S. Locust, Suite 500, Denton City and County Texas 76201 Check _ if there are workplaces on file that are not identified here; The certification with regard to the drug- free workplace required by 24 CFR part 24, subpart F. 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) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility 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: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) 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). Page 36 Community Development Public Hearing November 17, 2003 Martin Luther King Jr. Recreation Center Attendees: Peggy Fox Will Taylor Eddie Touraine Louis Clay M. W. Jackson Sr. W. J. Reed III Sandra Benavides Clifford Berry Bill Giese Jane Provo John Clay Helerdio Perez Chandra Heggins Luther McDade Lucille Bruce Bette B. Sherman Peternia Washington Billy Redmon Carl Young Rev. Lloyd Pullam Betty Kimble Laura Williams Barry Fisher Annie Mae Hare Robbie J. Gober Barbara Ross, Community Development Administrator opened the hearing by introducing the staff, committee members and special guests. Peggy Fox, Eddie Touraine, Will Taylor, Sandra Benavides and Bette Sherman represented the Community Development Advisory Committee. James McDade was present and represented both the Human Services Advisory Committee and Habitat for Humanity of Denton County. Representatives from local service organizations included Bill Giese, Chair of the Denton Housing Authority Board of Commissioners, Jane Provo, Executive Director of the Denton Affordable Housing Corporation, Laura Williams, Fred Moore Nursery School and Barry Fisher, Boys and Girls Clubs. Nancy Baker, Anita Ferguson, Gordon Meredith, Wendy Nalls and Luisa Rodriguez-Garcia of the Community Development staff were also present. Ms. Ross described the projects and programs that have been completed during the past year and the numbers of households served through the use of Community Development Block Grant and HOME program funding. She also commented on projects that have been funded but are not yet completed and the City's Lead Hazard Control and Continuum of Care efforts. Ms. Ross asked for questions and comments regarding activities during the past year. There were no comments. Residents were asked to divide into small groups. Group members discussed issues concerning community needs, the effectiveness of existing programs and the need for new programs or projects to address specific needs. Below is a listing of the community needs discussed in the various groups. Public Improvements: 1. 2. 3. 4. 5. 6. GROUP A - Gordon Meredith Traffic light at Morse and Woodrow More traffic lights on Loop 288 Widen E. McKinney St. Repave Eagle Dr. Improve exterior security lighting at MLK Center.* Build breezeway between new American Legion annex and old building.* Page 37 * Group members indicated these were priorities. Public Safety 1. Enforce speed limits on Wilson St. especially in morning and afternoon when school children from Tomas Rivera are present. Programmatic 1. Change the way affordability is calculated i.e. statistically remove Denton (either City or County) from Dallas MSMA for purposes of income calculations and Fair Market Rents. GROUP B - Barbara Ross 1. Program that allows residents to build affordable units on property they own. 2. After school care with transportation available to day care. 3. Assistance for youth who drop out of school - youth jobs program 4. Problems with crime and drug traffic near Fred Moore Day Nursery School and Chambers area. 5. Senior citizens jobs program. 6. Pecan Creek drainage channel from Phoenix to Bradshaw need to be cleaned out and improved as other drainage areas have been. 7. Walking trail in Denia area. 8. Streets in Denia area need to be repaved. 9. Concerns were voiced regarding management of Section 8 waiting list. 10. Drainage problems in Robertson - Cook Street areas near church and railroad overpass. 11. Stray animals are not being picked up in the neighborhood. Specific areas mentioned were Crosstimbers/Mill and Chambers/Smith area. 12. Equipment at City parks no longer meets State-licensing requirements therefore children at licensed day cares can no longer play on equipment. GROUP C - Anita Ferguson 1. Open east area as an entrance at Fred Moore Day Care - safety issue. 2. The handicapped are having a serious problem with access to transportation. They are not able to get to LINK. Many have become housebound. 3. Johnson Street has overgrown trees. Trees need to be trimmed. 4. Preventative healthcare is needed through public organizations. 5. Affordable Housing - City needs more new construction in Southeast Denton, similar to the two houses Community Development built on Robertson. 6. At Duncan Street on City property there is water standing, inviting mosquito breeding. Code Enforcement told citizen that a retaining wall needed to be built to prevent the water from pooling. 7. There are several citizens on scooters for the disabled that have to travel in the street traffic to go from Prairie to Lakey Street to get to the Senior Center. Need either sidewalks, or a bike lane along curb. 8. Seniors need affordable housing in their neighborhoods. Affordable senior housing should be built in Southeast Denton. Seniors do not want to leave their neighborhood and churches by moving out of the neighborhood to Pecan Place, Primrose or Heritage Oaks. 9. The lack of rent subsidies was discussed. The need for Section 8 is a very serious situation. Mr. Giese stated that applications might again be accepted in the spring of 2004. He explained that DHA is trying to develop a project to replace the Phoenix Apartments, but a real issue is displacing the families that are presently living in the apartments. He feels that this would be a long process. DHA believes the project should be transitioned and the DHA Page 3 8 board wants input from the community as to what would be acceptable to the neighborhoods. 10. The City's PLUS-ONE program should receive more publicity. 11. Needs to be an attempt to educate young people about the importance of good credit. Some credit classes have been provided but residents commented some people were not willing to participate in the classes because of the group that was involved. More credit classes should be offered. It was suggested that the pastors in the local churches be incorporated in things offered to the community. Residents will follow their pastors' guidance and would be more willing to participate, if they were told through their churches the importance of good credit. 12. The churches should be contacted and the pastors be asked to encourage their parishioners to contribute to PLUS ONE. 13. Charlye Heggins offered to make any community announcements on her radio program. 14. The citizens felt that the programs in place were good programs, but more money was needed. American Legion Hall a. b. C. d. e. GROUP D - Wendy Nails Breezeway to connect the two buildings. Furnishings including tables and chairs and media equipment. Funds for programs and operations. Water fountain Window between the office and multi-purpose room 2. Willow Creek Area f. Street to connect Scott/Morse Street - important for emergency vehicles and child safety. g. Area opened up with a street connection should be developed for affordable housing. h. The creek paving project should be extended past the school to end the flooding and drainage problems 2. Funding priorities should be affordable housing and social services not public improvements with federal funds. 3. Fred Moore Day Nursery School needs an expanded building and additional parking. 4. All of the day care programs should continue to receive funding. 5. Minor repair program should continue. 6. Demolition program for sub-standard building should continue. 7. Need more affordable housing. 8. Need more affordable lots of lands for housing. 9. Senior/disabled housing is needed in Southeast Denton especially assisted living or limited service small apartments. 10. Low-income family housing is needed. 11. Need a community system to coordinate social services since HelpNET is no longer functioning. 12. After-school program at Sullivan-Keller for activities like boxing, basketball, and other sport programs and educational activities. 13. A Kiddie Park on the Northeast end of the park near Bradshaw. 14. Speed bumps on the top of the hill on Morse or some other form of traffic control to reduce speed. GROUP E - Nancy Baker Impact fee grants should be available to "for profit" builders if they are building "affordable housing units." Funding for a program to build a home on vacant lots when the City demolished properties on these lots. Page 39 Make City HAP funds available to purchasers of housing if DHA gets the "rent-to-own" program off the ground. Information was requested regarding the Denton Housing Authority's plans for the lots they had purchased. Staff informed the residents that there were two lots with substandard structures to be demolished with CDBG funds but that future DHA plans were not known. Reverend Pullam asked to be placed on the mailing list to receive a copy of the HS grant application for 2003. Barry Fisher, Denton Boys and Girls Club asked to be placed on the list to receive a copy of the HS grant application for 2003. Group members discussed concerns regarding the homeless. One individual stated that the Salvation Army has a few rules that exclude some homeless from receiving assistance. Some of the homeless do not want to comply with all of the rules. The need for additional beds is definite. Programs for youth who have dropped out of school and those in school who are slipping through the cracks. There is a need for supervised activities and a jobs program where the youth could learn a skill while earning a little income and gaining emotional skills and learning good life values through mentoring. Residents asked if the Denton Housing Authority and the Denton Affordable Housing Corporation were going to partner in building new construction for the "rent -to-own" program that may be being developed. The participants reconvened in a single session and reviewed the comments from each group. Participants were asked to complete the funding surveys that were on each table. No further comments were received. The public hearing was adjourned. Survey Comments: That we would all come to realize the importance of the electric bills for the elderly by donating $1.00 per month. This is not something I just want but something I need and was promised a few years ago. Community Development Public Hearing December 8, 2003 North Branch Library Attendees: Pat Gobble Annie Mae Hare Laurie White Phil Gallivant Jr. James McDade Eddie Touraine Sondra Ferstl Keely L. Aust Ray Twehous Sheila Gianniny Glenn Queener George Adams Lauren Hoofnagle Barry Fisher JoAnn Ballantine Barbara Ross opened the hearing and introduced Community Development Advisory Committee members Sondra Ferstl and Eddie Touraine and Human Services Advisory Committee member James McDade. Community Development staff members Anita Ferguson and Gordon Meredith were also introduced. Page 40 Ms. Ross stated that the purpose of the public hearing was to get citizen input on the use of the City's federal funds. She reviewed eligible activities under both the CDBG and HOME programs and gave attendees some information on last year's activities. She then asked for comments or questions. Phil Gallivan stated that he supported Captain Queener and George Adams at the Salvation Army and their work with the homeless population. He added that there needs to be better job-training programs for the homeless. Pat Gobble of the United Way commented that there are many needs. The greatest need is affordable healthcare. The United Way has done a needs assessment and found that there are working people who cannot even afford insurance co-pays. There are only six doctors in the area that will accept Medicaid and CHIPS patients. There is a coalition working to open a new clinic with a sliding scale fee for those who have no insurance or who have governmental insurance. Emergency Rooms are feeling the brunt, but there is no follow up care when people go to the ER and they cannot afford to have prescriptions filled. There needs to be ways to implement healthcare in the community for the gap in services. The new clinic will be asking for funds for renovations and equipment. Captain Queener stated that there is a great need for homeless services. The homeless population is growing. There are many people on the streets. There needs to be economic development. People need jobs. Barbara Ross suggested Captain Queener contact the Texas Workforce Commission since they were set up to be the connection for people who need to find jobs. She asked Captain Queener if they were trying to set up any new programs. He explained that the Salvation Army is staying with programs they already have in place. There was a suggestion that a shelter be built that could keep families together. Laurie White said that her church, First Presbyterian, gives funds to Interfaith Ministries. There is a gap that needs to be closed. Funds need to be available to help with transportation. Travelers sometimes ask for money for gasoline, so they can get home. People need transportation to work, bus tokens, emergency housing. They sometimes ask the church for money to stay at the Clayton House. There is a need for money for prescriptions, electric and gas bills, rent, etc. People need money to pay for thek 20% co-pay for Medicare. Barbara Ross suggested that SPAN could be an agency to address the needs of the co-pay for the elderly. Sheila Gianniny with the Denton Affordable Housing Corporation stated that there is a need for long-term programs to improve the situation for the homeless. Transitional housing, counseling and assistance to become self-supporting are needed. Also, home prices in this area have escalated. Hard-working people cannot afford to buy a home in Denton. More affordable housing is needed. Laura Hoofnagle with the Girl Scouts commented that the Girl Scouts run a program for at-risk girls called the Chances Program. They go to where the girls are. The program started with 35 participants and has increased to 500. It is a preventative all-gkl program. It was suggested the Girl Scouts contact the sororities at LINT and TWU. Ms. Hoofnagle stated that they had considered this but that the girls don't have a lot of role models and might feel abandoned when the students leave. Keely Aust with Heritage Oaks, Denton Housing Authority, stated that Heritage Oaks was built in the late 70's and has three underground springs, which are causing the apartments to settle and the parking lot has heaved. The parking lot and handicapped ramps need to be replaced. Ms. Aust also stated that there is a mobile physician from Care Link in Dallas that accepts Medicaid. They will make house calls. Annie Mae Hare said that she is having a problem with drainage on her property. She stated that she believed it was caused when the neighbor's house was repaired. Also, trees on Ruth and Hill Street and Page 41 Robertson and Cook need to be trimmed. They are interfering with the utility lines and the stop sign. Jo Ann Ballantine of the United Way felt that there is a need for medical care for people who don't have insurance. There are many people who are employed, but who do not have medical coverage. Ms. Ross urged those present to also contact their State legislators and members of Congress to let them know of these concerns. The hearing was adjourned. Survey Comments: The hump on Robertson Street and Cook Street has been there too long. Sooner or later there is going to be an accident. Trees on Hill and Ruth blind the street light. People cannot be seen at dark while they walk. · Preventative youth services. Denton needs to deal with an ever-increasing homeless population seeking shelter, job education, employment and most of all - shelter with a warm wholesome meal. Phil Gallivan, Chair, Salvation Army Advisory Board · All social service needs are important, but in prioritizing the most severely needed are those I checked. Health care for the uninsured is the #1 priority for this community. · The number of meals served in the two feeding programs, Our Daily Bread and the Salvation Army, has increased dramatically over the past year and a half. · We have seen a large increase in the homeless. · I hope that the City will consider partnering with other local organizations. Through collaborative arrangements we can do more for Denton. · There is not enough low-income housing to meet the growing demand. Build, build, build. 1) Elderly need assistance with Medicare insurance premiums to help cover the 20% cost that Medicare doesn't pay. 2) Emergency funds to help indigent and homeless with needed payment of utility bills when utilities are about to be cut off- Interfaith's requirements are too limited, prescriptions (when persons can't afford them) and overnight housing when Salvation Army is full, or for some reason can't take the person. In the last several years, United Way of Denton County has conducted needs assessments. All of the results of these studies point to a tremendous need for health care. It is obvious that this is a primary concern to our citizens. Everyday our office takes calls from people who have no insurance and many who work several jobs that offer no insurance. They have serious physical needs and no way to take care of them. Many of us on insurance are blessed by having medical benefits with which we can maintain our health. There are many medical problems that are ignored by people because they have no place to go until it becomes an Page 42 emergency. Also, although children do qualify for the CHIP program locally, there are only six providers who have elected to participate in this program. With almost half a million residents in this county, six is a very small percentage of medical personnel to take care of the many children in the CHIP program (CHIP - Children's Health Insurance Program). Please help us solve our most pressing needs by focusing on what matters. Jo Ann Ballantine, United Way Community Development Public Hearing April 15, 2004 City Council Meeting - City Council Chambers Room Community Development 30-day Comment Period from 3/29/04 through 4/30/04 The following comments were received during the City of Denton's 30-day comment period: Page 43 Community Development Advisory Committee Official Minutes February 11, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Staff Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine Barbara Ross Ed Touraine, Chaff, called the meeting to order at 12:00 pm. He introduced Carolyn Berry, Executive Director of Denton City County Day School. Carolyn Berry presented information to the CDAC regarding the request by the School for funding to update the facility's electrical service and wiring and to replace the single-pane windows. Denton City County Day School is requesting $9,400 for the electrical update and $14,940 for window replacement. Ed Touraine asked if the School would request bids for the project. Carolyn Berry explained that they always get at least three bids. Sondra Ferstl asked which project was the priority. Carolyn Berry indicated that it would be the electrical - it was a potential hazard and they often trip breakers when using the kitchen equipment. Peggy Fox asked about the status of the 2003 project funded through CDBG. Carolyn Berry stated that the drive was complete and the sidewalks would begin soon. Cassandra Berry asked if Historically Underutilized Businesses (HUBs) ever bid on these projects. Carolyn Berry stated that she works with the City on this. Ms. Ross stated that the Purchasing Department has a list of these vendors and that they are informed of City projects. She stated they would work with the School to ensure that any identified HUB contractors are informed of the project bid timeline. Jane Provo, Executive Director of the Denton Affordable Housing Corporation introduced herself and Deputy Director, Sheila Gianniny. Ms. Provo gave a history of the organization's Affordable Housing Opportunities Program (AHOP). She described the program activities including acquisition, rehabilitation and down payment assistance on the units. Ms. Provo pointed out that the funding used in AHOP is recycled back into the program. DAHC is requesting $165,000 for AHOP. Ms. Ferstl asked about the number of units that could be purchased with the $80,000 requested for acquisition. Ms. Provo responded that it could be recycled three or four times. Ms. Fox asked how successful they would be in acquiring 32 units in one year when previously they've only done 10 - 15 units in Denton. Ms. Provo stated that in previous years, 25 had been the maximum, but she felt that number could be increased. Ms. Provo, Ms. Ross and CDAC discussed the use of HOME funds to provide down payment assistance on the Nevada and Oriole Court units. Members asked Ms. Provo to review the budget numbers. Bette Sherman asked ifDAHC had a waiting list. Ms. Provo explained that they don't have a list but that they are constantly marketing their homes. Ms. Sherman asked who came in for assistance from DAHC. Ms. Provo stated that they served everyone - young families, single parents and single individuals. Ms. Sherman asked what their priority would be. Ms. Provo stated that if there were a reduction from the requested amount that every budget item be reduced proportionately. There was a brief discussion about the fact that DAHC had not held its regular annual public meeting to discuss organizational activities. Ms. Provo indicated that this was due to the large number of meetings held in conjunction with the Nevada and Oriole Court projects. It was determined that this would not affect their 501(c)(3) status. Ms. Fox asked about the day care project on Mill Street. Ms. Provo explained that there was some neighborhood opposition to the project. The unit is now used as a group home for the developmentally disabled. Hank Dickenson asked about the comment regarding DAHC's poor reporting habits. Other committee members also expressed concern. Ms. Ross commented that DAHC does eventually submit the required reports and that Community Development staff withheld payments until reports were received. DAHC and CD staff members are working with to improve reporting. Ms. Ross added that she would provide copies of monitoring reports from any of the requesting agencies that are currently funded by the City. Page 44 Ed Touraine introduced Lee Ann Heath and James McDade of Denton Habitat for Humanity. Ms. Heath told the "story of Habitat." She stated that the Board noted the overlap between what Denton and Lewisville were doing and decided to combine the organizations. She stated that the $150,000 request was for acquisition of 15 lots for Habitat homes. Mr. Touraine asked for some clarification on the staff budget figures. Ms. Heath stated that they hoped to make a part-time position full time in the future. Ms. Sherman asked about the source of the $250,000 in income from their organizational budget. Ms. Heath described Habitat's holding of mortgage notes as the source. She stated that the funding is constantly revolving. Ms. Fox asked if they have ever had any foreclosures. Ms. Heath stated that one woman was not able to continue to pay her note but that they bought the home back from her. The members and Ms. Heath discussed whether the funds would be used for scattered sites or for a large tract. Mr. Touraine asked about opposition to Habitat projects. Ms. Heath responded that there had been some concerns when people did not understand the selection process. She added that Habitat has never experienced any major opposition. Ms. Ross asked if they had ever held a neighborhood meeting to discuss potential projects. Ms. Heath stated that they have attended other meetings but have not held one. Ms. Sherman asked about the tithing expenditure. Ms. Heath stated that they give 10% of their non-designated funds (CDBG or HOME would be considered designated) to the international Habitat organization for missions. They request that their mission funds go to Mexico. Members discussed where the lots might be available and whether there was sufficient volunteer labor to complete 10 units in one year. Ms. Heath stated yes in both instances. Ms. Heath stated that the units run from about 1110 to 1175 square feet and are three-bedroom, one bath. Families can choose between a 2nd bath, washer/dryer or dishwasher as an option. Ms. Ross asked if they were requesting funds from Lewisville or Flower Mound. Ms. Heath responded that the minimum unit size in Flower Mound is 1800 square feet and therefore they are not able to build there. Lewisville has no affordable land available. Habitat is not requesting funds from the cities. Ms. Sherman asked the purpose of combining the boards. Ms. Heath stated that it was for fundraising and education purposes. Ms. Ross introduced Rebecca Guthrie of the City's Engineering Department. Ms. Guthrie reviewed the Crescent Street Sewer projects. She noted that the City has had various customer complaints because there are often sewer back-ups in the area and the sewer main runs through the front yards rather than the street. Engineering is requesting $108,386 for the replacement of two lines. Members discussed the City's policy of replacing six-inch lines with eight-inch lines. Ms. Ferstl asked why the project was split into two requests. Ms. Guthrie explained that it was merely to give the committee some options if funds were tight. Ms. Ross introduced Colette Franklin, Grams Manger for the Demon Housing Authority. Ms. Franklin provided the committee with information on the Renaissance Courts project - redevelopment of the Phoenix Apartments site. She stated that 150 new units will be constructed on the site and DHA is asking for $250,000 to demolish the existing units. Not all units will be demolished at once. Families still residing in the Phoenix Apartments will have the opportunity to move into the new units or they will be provided appropriate assistance and could move to a new unit. Ms. Franklin stated that DHA would comply with the Uniform Relocation Act regarding displacement and relocation. She noted that the project would restore balance to the SE Denton neighborhood. The project will include programs to help residents become self- sufficient. Mr. Touraine asked about the role of Carleton Properties in the project. Ms. Franklin replied that Carleton would build the units. DHA has formed a limited partnership with Carleton on the project. Ms. Fox asked about a buffer between the development and the single-family units on Wood Street. Ms. Franklin noted that at this time, no buffer was planned but she would ask that the designers look at that. Ms. Franklin and the committee members discussed the design of the new complex, including the single entry off Hickory Street and the number of bedrooms per unit. It was concluded that the City of Denton would not approve a development that did not have adequate access for police and fire. Ms. Franklin commented that additional two-bedroom units did not work well in the tax credit application request. Members also discussed how the State's Affordable Housing Tax Credit program worked. Ms. Berry asked how they Page 45 determined that multi-family rather than single-family was right for the area. She also asked if the neighborhood was OK with that. Ms. Franklin commented that the neighborhood residents were supportive of the plans. Ms. Sherman asked about the market rate units. Ms. Franklin initially stated that the tax credit program required some market rate units, however, Ms. Ross indicated that previous projects had 100% of the units below market rates. Ms. Ross added that she felt the mixed-income style of development was desirable and avoided concentration of low-income households in the same area. Members discussed the cost of demolishing the existing units. Ms. Berry asked how many units were currently occupied. Ms. Franklin stated that 49 of the units were occupied. Ms. Franklin added that DHA would be required to provide the families some options as to where they could move along with the option of moving into the Renaissance Courts. CDAC members commented on the high personnel costs based on the personnel budget provided by DHA. Ms. Ross expressed a concern that the most recent neighborhood meeting that included several Phoenix residents did not have an interpreter explaining to the group what was being said. Ms. Franklin commented that Mike Garcia of the DHA staff was talking individually with Spanish-speaking residents who were present. CDAC members requested some additional information from Habitat. Ms. Ross reminded members about the next meeting on February 18a~ at the Denton Area Teacher's Credit Union Administration building. The meeting was adjourned. Community Development Advisory Committee Official Minutes February 18, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Others Present: Ron Aldridge, Barbara Ross Ed Touraine, Chair, called the meeting to order at 12:00 pm. Barbara Ross introduced Ron Aldridge, Executive Director of AIDS Services of North Texas. She stated that Mr. Aldridge would soon be a CDAC member. Mr. Touraine introduced the committee members to Darhyl Ramsey and Don Louis. Mr. Ramsey and Mr. Louis presented a request for $25,000 for an additional building to be purchased and moved to the Owsley Community School site. It was noted that the program served approximately 70 children and that their priority was getting homework done. Dr. Ramsey described the music and ESL programs and the need for additional space. Don Louis noted that the Owsley Community School's programs had expanded from serving youth to serving adults and families. Mr. Touraine asked where the new building would be located. Dr. Ramsey stated it would be placed behind the existing building. He added that this would not really affect the area in which the children play because they don't use the back yard that often. It was noted that the City owns the land where the OCS is located. Dr. Ramsey stated that OCS does not currently have a lease but could probably get one from the City. Bette Sherman stated that she felt there would be a better degree of comfort from potential funding organizations if there were a long-term lease. Sondra Ferstl asked if the $25,000 would pay for the entire building and getting it to the property. Dr. Ramsey and Dr. Louis indicated that it would. Peggy Fox noted that in the UNT Brochure that recently came out, the School of Community Service highlighted the Owsley program. Dr. Ramsey praised the School of Community Service. Dr. Ramsey added that this would be a good 5-year solution for the needs of the OCS and that perhaps a lot would be available in the area for future expansion. Page 46 Judy Keith and Kay Goodman representing the Cumberland Presbyterian Children's Home made a presentation regarding their proposed transitional housing program and the $525,000 request for funding to build three duplex units. Their goal is to expand services and provide a "continuum of care" approach to serving children and families in distress. Mr. Touraine asked about the average stay per family. Ms. Keith indicated that single parent families usually stayed about one year. Ms. Goodman stated that CPCH tracked these families for up to two years as they participate in the "after care" program. Ms. Keith added that they attempt to keep in touch even after that. Ms. Fox asked about their referral sources. Ms. Keith stated that they do serve several Denton families and get referrals from the Salvation Army, HOPE, Inc., the Lewisville Advocacy Center and DISD. She stated that there are no limitations regarding where referrals could come from. Members discussed the services provided by HOPE, Inc. Cassandra Berry asked if they have the resources to serve everyone in need. Ms. Keith responded that they do not. Single men have been turned away because facilities were not adequate. Ms. Ross asked if they requested funding from other cities. Ms. Keith indicated that they had not done so yet. Ms. Goodman stated that they would leave no stone unturned. Mr. Touraine asked a question about staff and Ms. Keith discussed their staffing. Amy Pape is director of the program. She is a graduate of TWU and does family-based therapy. Sandra Benavides asked if the housing might be redesigned to bring the cost down. Ms. Benavides specifically noted that perhaps two baths were not necessary. Ms. Keith indicated that the current design seemed to provide what is needed to serve these households. Ms. Keith and Ms. Goodman said they could look at the design and perhaps revisions could be suggested. Ms. Sherman asked for a description of the ethnic make-up of Cumberland's clients. Ms. Keith stated that there have been two Hispanic, several African American, several Caucasian families and one mixed race family. Amanda Green and Albert Montero from the City of Denton Parks and Recreation Department presented the request for $40,000 to build a new playground at the MLK Jr. Recreation Center. Mr. Montero stated that younger children could not play on the existing playground because of new State equipment regulations. Ms. Green added that this problem has come up at the neighborhood meetings. This is a request for stand- alone pre-school equipment. Mr. Touraine asked if all the parks were going to get this type of equipment. Ms. Green stated that Denia akeady had appropriate preschool equipment. Ms. Berry asked about other preschool programs. Ms. Green stated that only MLK and Denia have preschool programs. Mr. Touraine noted that the construction costs look fairly high. Ms. Green and Mr. Montero explained what must be done to build the playground and separate it from the existing playground. Mr. Montero stated that the equipment had a 15 to 20-year life. Ms. Sherman stated that the Denton Benefit League funded a Parks & Recreation request in the past to convert a van to handicapped accessible transportation for use by disabled children. The DBL has also funded other requests for playground equipment from other agencies. It is the type of request DBL likes to fund. She said she would send PARD some information regarding how to apply. Mr. Montero presented the request for $19,000 to build a breezeway at the American Legion Senior Center. He stated that the new portion of the center opened in July 2003. PARD couldn't attach the buildings because of concrete pad problems. The breezeway will allow the seniors to have protected access to both buildings. The seniors using the facility requested the breezeway. Will Taylor asked if it would be closed in. Mr. Montero responded that it would not. Mr. Taylor discussed some concerns regarding young people with skateboards and that this was a hazard. Ms. Green and Mr. Montero stated that the Parks Department would work on this issue. Mary Garcia and Ray Twehous presented the request for $61,806 to construct a new St. Vincent de Paul House. The facility would be used to provide food and clothing to those in need. Mr. Twehous noted that this is an all-volunteer program. There is no paid staff. Mr. Twehous has managed the project for five years. The facility will be open Thursday and Saturday mornings. There are no discriminatory practices. Ms. Garcia stated that the program started in 1992 when the pastor of Immaculate Conception Catholic Church Page 47 said that they ought to be doing something for those in need in the community. CDAC members discussed the size and location of the facility. Some concern was voiced that the site on Bonnie Brae would not be convenient for those wishing to access the food and clothing. Ms. Garcia and Mr. Twehous noted that in the past, clients usually came by car rather than on foot or by bicycle. Ms. Ross asked if they might coordinate their program with the Community Food Center and perhaps then they would not need a separate facility. Mr. Twehous explained that each facility may only provide a family with groceries once a month or a quarter and that a number of food rooms are needed so that families can get food. Ms. Sherman noted that the building would only be used two days a week and then asked why they needed the 3,700 square feet. Mr. Twehous stated that the space would be used for storage. Ms. Garcia stated that an architect donated the facility plan. It had been used for another facility so the size was already set. Members discussed the budget for completion of the facility. Ms. Sherman asked about their intake process and how they determined need. Mr. Twehous stated that they ask what the family's income and compare it to low-income requirements but stated that income was not verified. The meeting was adjourned at 2:50 pm. Community Development Advisory Committee Official Minutes February 23, 2004 Denton Area Teachers Credit Union Administration Building Members Present: Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Members Absent: Sandra Benavides Others Present: Ron Aldridge, Barbara Ross Ed Touraine called the meeting to order at 12:10 pm. Nancy Baker provided a brief description of the City's Rental Rehabilitation Program. She noted that the program hasn't assisted anyone in two years so staff is revising the program guidelines in an attempt to encourage more participation. Ms. Baker stated that the program was targeted to areas where families lived and not areas that primarily housed college students. She stated that these funds would be combined with the Lead Hazard Control funds to rehabilitate some of the older units that also had lead problems. The revised guidelines will make the program more usable for low-income property owners. Low-income property owners would no longer have to come up with a portion of the funds themselves. Ms. Baker stated that the majority of funds would be used for construction costs. Mr. Touraine asked if the rental property owner would be required to pay everything back. Ms. Baker stated that they would pay something back depending on their income. She reviewed the information with the committee regarding the loan payback requirements. Bette Sherman asked how staff would know a landlord was marketing to low-income community. Ms. Baker explained what staff would look for and added that she would ask for copies of their advertising. Hank Dickenson noted that previous support for the program came from the 1996 program year. Mr. Dickenson and Ms. Sherman asked if any projects had been completed. Ms. Baker stated that two fourplexes had been completed. Barbara Ross explained that staff is trying to close out two previous grant years and that the Home Improvement Loan program had reduced their request for 2004 funding in expectation of getting the 1995 and 1996 rental rehab and microenterprise loan program funding. This would assist Page 48 Community Development in closing out the budgets and grants from those years. Mr. Touraine asked how much old money was available. Ms. Ross indicated she would get those figures and give them to the committee before the adjournment. Gordon Meredith, Residential Construction Specialist, made a presentation regarding the Minor Repair Program. He explained the type of projects that are carried out under the program. The program serves individuals with incomes below 65% of the area median income. The program expenditure limit is $5,000 per unit. The limit was previously $3,000 but Mr. Meredith stated that it was difficult to replace damaged roofs for that amount. Mr. Meredith reviewed the increase in number of customers assisted in the program. He noted that the program ran out of funding last year. Some additional unused funds were transferred to keep the program going. Mr. Meredith described the neighborhoods where most of the funding is spent. Mr. Dickenson asked for clarification about the number of families that could be served with this funding. He asked if the request was sufficient to meet the needs. Mr. Meredith stated that it may be enough but he was unsure. Mr. Meredith stated that this level of funding would probably assist 48 families. Ms. Sherman asked if the program was currently out of funding. Mr. Meredith explained that this year's funding allocation is exhausted but that some additional funds left over from other projects are now being used. Mr. Touraine noted that if you projected the assisted household number out, the program would need to assist approximately 60 households over the coming year. Mr. Meredith stated that this would probably be correct. Alma Espino, Program Specialist, discussed the Home Improvement Program. She noted that the objective is to rehabilitate substandard owner-occupied housing. If it can't be rehabilitated, it could be reconstructed. Ms. Espino explained some of the problems families experience when they purchase older homes that need substantial repairs. She also discussed families who cannot afford the units they purchase. Ms. Espino reviewed the program guidelines. Mr. Touraine asked how much of the assistance the families have to pay back. Ms. Espino explained the guidelines for those in the various income ranges for both a rehab and a reconstruct. Mr. Touraine asked what happens if their economic situation changes. Ms. Espino explained that if they experience a permanent loss in income, CD staff would review the situation and possibly lower their payment amount. Mr. Touraine asked what happens if their income increases. Ms. Espino stated that no action would be taken. Ms. Ross added that the households assisted through the program would probably never see a significant increase in income in a short period of time. She noted that these families are of modest means. They may have some income increases but that will usually be at a time when inflation is also on the rise. Mr. Touraine asked what happens if they sell the house. Ms. Espino stated that the assisted household would have to pay off both the forgivable balance and the loan balance. They generally do this at closing. She noted that the heirs might want to reside in a property and could qualify for continuance of the current loan terms. Ms. Sherman asked why no Hispanic residents were being assisted at this time. Ms. Espino indicated that the race/ethnicity of clients seems to come in phases. She is currently working with two Hispanic families on their applications. Ms. Ross commented that they seem to assist more Caucasians and African Americans with their home improvement program and more Hispanics with the Homebuyers program. Many Hispanic families are moving into the community. However, both programs serve a diverse client population. Ms. Espino stated that they are currently trying to assist an elderly person and the Federal Home Loan Bank (FHLB) funding that the City receives will reduce the amount of funding needed from the individual. Ms. Ross complimented the housing staff on their efforts to seek additional funding to support the City's housing programs such as FHLB and Lead Hazard Control Program funding. Wendy Nalls, Human Services Coordinator, discussed the City's Tenant Based Rental Assistance program. She noted that staff is attempting to phase out the TBRA program. The program is not able to guarantee assistance beyond two years. She commented that it would be better to get these individuals in a program that had long-term funding. Ms. Nalls stated that these individuals are being moved onto other assistance such as Section 8 when it is available. The program is down to six participants. Ms. Nalls stated that CD is requesting $44,800 to pay rents for the next two years until staff can transition tenants to Section 8 or other Page 49 assistance. Fairhaven tenants have been moving off the program more quickly. Ms. Nalls gave the committee a profile of the clients that are on the TBRA program. Without TBRA, they would be forced into substandard housing or lose their independent living situation. Ms. Nalls commented that the request is based on rents at the current rate because there may be individuals who come off the list and the current amount would then cover any rent increased for the remaining clients. Mr. Touraine stated that it appeared she would not be back next year since she is asking for two years of funding. Ms. Nalls stated that she felt she would not be back requesting funding again at all. She noted that these funds could not be used for assisted living facilities. Ms. Sherman asked for an explanation of Section 8. Ms. Nalls explained that DHA has rental assistance for low-income households. The assistance is tenant-based and the voucher goes with the tenant. Members discussed the Section 8 program, DHA's new Renaissance Courts project and the need for additional low-income housing. Barbara Ross, Community Development Administrator, presented a request for $30,000 in funding for the City's Microenterprise Loan Program. She told the committee that the balance in the Rental Rehabilitation Program account was $28,200 and the balance in the Microenterprise Program fund was $68,500. She stated again that if the committee recommends current year funding for these programs, these remaining prior year funds would be transferred for use in the Home Improvement Loan Program. She stated that housing staff had reduced their request for current year funds in anticipation of this transfer. Ms. Ross explained the early history of the microenterprise program and why funding remained from the 1995 and 1996 budget years. She stated that the Small Business Assistance Center group developed a corporation to do small business loans. Funding of $60,000 in 1995 and $30,000 in 1996 was set aside for the Denton Community Development Corporation to hire staff and begin providing loans. The DCDC never set up the program and subsequently disbanded. Community Development staff attempted (with current staff) to begin providing micro loans to small businesses that were either owned by low-income persons or would commit to hiring low-income persons. The current program provides loans only to persons that meet HUD's low to moderate- income eligibility requirements. Ms. Ross reviewed the four loans that have been provided under the program. She stated that one loan was in default. Ms. Ross stated that staff wanted to try some different techniques to get the word out about the program. Ms. Sherman indicated that she was involved in a similar program in Chicago that also experienced problems. Members reviewed the scoring sheet and agreed to get it to the Community Development Office so the scores could be tabulated before the next meeting on March 3. The meeting was adjourned. Official Minutes Community Development Advisory Committee March 3, 2004 Economic Development Conference Room Members Present: Cassandra Berry, Sandra Benavides, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Staff Present: Barbara Ross Others Present: Bill Giese, Denton Housing Authority Board of Commissioners Page 50 Ed Touraine called the meeting to order at 12:00 pm. Members reviewed and approved the minutes from February 11a~, 18a~ and 23rd. Ms. Ross listed the activities that could be funded with HOME program funding. following: · Affordable Housing Opportunities Program* - DAHC · Single Family Lot Acquisition - Habitat for Humanity · Single Parent Transitional Housing Duplex Construction - Cumberland · Rental Rehabilitation - Community Development · Home Improvement Loan Program - Community Development · Tenant-Based Rental Assistance*- Community Development *Must be funded through HOME. These included the It was determined that the ranking sheets were incorrect and did not include scores from all members. Members agreed to start at the first request and move through the list. They discussed each activity and determined whether the activity should be fully funded, partially funded or receive no funding. Members supported funding for a complete electrical update at Denton City County Day School. They preferred not to fund the window replacement. It was agreed that funding of $9,400 would be recommended for the childcare center. The required HOME "set aside" for CHDO's was discussed. Members agreed to set aside the required funding of approximately $93,000 and would come back to DAHC's program if any additional funding was available after all allocations were made. Habitat's request for land acquisition funding was reviewed. It was noted that the corrected budget contained $125,000 for land acquisition. Members were unsure as to why an additional $150,000 would be needed. Members agreed to move to the next request and would return to this request for further discussion. Members were uncertain as to why the Crescent Sewer Line project was divided into two parts. It appeared that both sections needed to be replaced. It was suggested that this was an attempt to give the committee some options if cuts needed to be made. Ms. Ross was asked to contact the Engineering Department to see if the project could be completed if only the construction costs were funded through CDBG but the personnel costs were paid by the City. Ms. Ross attempted to contact Frank Payne in the Engineering Department. CDAC members agreed that they wanted to fund the project but would discuss the amount after hearing back from the Engineering Department. Members discussed the Phoenix Apartment Demolition. Bill Giese, DHA Board of Commissioners chair, was present. Mr. Giese answered some questions from committee members. Members were concerned that since the construction was not scheduled to begin until July 2005, that the $250,000 in funding might sit unused for some time. Ms. Ross pointed out that since DHA planned to demolish some units and build on that site while tenants remained in the other units, the funding could be split between two grant years. Members agreed to recommend $100,000 in funding from the 2004-'05 CDBG grant. Members were in agreement that the Single Parent Transitional Housing duplex construction should be funded. It was noted that $350,000 could fund two of the requested duplex units. Initially, it was recommended that half come from CDBG and the other half from HOME. Eventually, members agreed that the full amount could come from HOME program funding. Page 51 The Parks and Recreation projects were reviewed. Some member felt that other funding was available from non-City sources to fund the MLK Playground construction project. No funding was recommended for the project. Members supported full funding for the American Legion Breezeway project. The discussion of the St. Vincent de Paul House construction project centered on whether the project sponsors would be willing to meet the federal procurement and labor relations requirements. A comment was made that the federal money might make it more difficult for Immaculate Conception to use "in-kind" services. Ms. Ross noted that labor services could be donated. She explained that the laborer would actually have to donate his/her services. If the employees were paid (even by a contractor who is donating his/her work) they would still need to be paid the required wages. Members commented that they thought sufficient funding was available to complete the project without the City's funding. Members agreed not to recommend funding for St. Vincent de Paul House. Upon discussing the requests for funding from the Community Development staff, members agreed to fully fund the Rental Rehabilitation Program and the Minor Repair Program. They decided to recommend that the Tenant-Based Rental Assistance Program be funded only for one year so they split the funding request and agreed to an amount of $22,440. Members wished to fund the Home Improvement Program at the requested level. They were not initially supportive of funding the Microenterprise Loan Program. Ms. Ross commented that the Home Improvement Loan Program request had been reduced based on the staff request to close out the 1995 and 1996 grant years and that the residual funding from those years would be moved to the Home Improvement Program. However, if the Microenterprise Program was not refunded, staff would want to continue the program with the '95/'96 funding and the Home Improvement Program would not receive those funds. Members agreed to fund the HIP at the request $302,843 and would add to that if additional funds were available. Members discussed the amount of HOME and CDBG funding left to allocate. Members took another look at the MLK Playground equipment request. Members agreed to provide $25,000 for the equipment. They commented that the Parks and Recreation Department would need to come up with the funding for installation/construction. Additional funding was provided to the Denton Affordable Housing Corporation bringing their recommended funding amount to $140,000. It was also agreed that Habitat for Humanity would be recommended to receive $25,000 for land acquisition. CDAC members decided to recommend that the Microenterprise Loan Program be given the balance of $19,303 left in CDBG funds. Members also agreed to recommend that the Home Improvement Loan Program receive $277,843 in CDBG funding and $52,712 in HOME program funding. Members reviewed their list of recommendations. Sondra Ferstl made a motion to accept the recommendations. Bette Sherman seconded the motion. The motion passed unanimously. Ms. Ross stated that she would inform the members as to when the public hearing would be held and when the recommendations would be presented to City Council. The meeting was adjourned. Page 52 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 20, 2003 Members Present: Mae Nell Benford, Lilia Bynum Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Lovie Price,, Jodi Vicars-Nance, Teri Rheault Members Absent with Notification: Betty Tomboulian Members Absent without Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. Members discussed potential meeting dates and times and whether they would like to hold agency application hearings. They agreed that they would like to have applicants appear before the committee to briefly discuss their application and answer any questions committee members may have. It was also agreed that these meetings would be set up sometime in January. Wendy Nalls, human services coordinator, called for committee nominations for Chair and Vice-Chaff. Lovie Price nominated James McDade as Chairperson. Bettye Myers moved that Mr. McDade be elected by acclamation. The motion was approved. Mr. McDade was elected HSAC chairperson. May Nell Benford nominated Carol Bounds for Vice-Chair. The nomination of Ms. Bounds as Vice-Chaff was unanimously approved. Ms. Nalls provided an update on the progress of programs managed by local human services agencies. She referred members to the spreadsheet provided regarding agency expenditure of City funds. She also discussed the Continuum of Care activities including the status of the current Emergency Shelter Grant funding and opportunities for 2004-2005 ESG funding. Ms. Nalls noted that the cities of Lewisville and Flower Mound have been active in the coalition and it appears that Carrolkon may also want to participate. Ms. Nalls pointed out that local homeless providers have been discussing their options regarding an alternate Homeless Management Information System (HMIS) now that HelpNET will no longer be carrying out the function. Discussions have focused on various options such as another agency carrying out the function, contracting out the service for the Coalition agencies or agencies individually contracting for HMIS services. Ms. Bounds asked for additional information on the status of HelpNET. Teri Rheault a members of the HelpNET Board of Directors explained the agency's financial problems and when the Board planned to end all services. James McDade asked ifHelpNET's funding would be available to fund another HMIS. Barbara Ross indicated this could be done with HSAC and City Council approval. Ms. Nails reviewed the results of the monitoring visits by US Department of Housing and Urban Development officials. She indicated that the visits went well and that a new monitoring guide has been developed and provided to the agencies. Ms. Bounds asked which agencies received City Council contingency funds. Ms. Nalls said she would send out a list. Some HSAC members voiced concern that individual Council members funded agencies that HSAC had determined were inappropriate for funding. Ms. Nalls indicated that only one or two of the agencies funded by Council members were not originally funded by HSAC. Our Daily Bread was given Page 53 $500 but they had not requested funding through the committee. HSAC members all agreed that City Council had the authority to make any funding decisions they wished. However, members were concerned that HSAC-recommended agencies might feel that the process is not fair since some agencies receive City funding without having to adhere to the strict application criteria and the expenditure guidelines of the HSAC-recommended agencies. Members stated their concern that in the future, agencies may go directly to Council and the effectiveness of the City's HSAC process would be compromised. Members discussed talking to their individual City Council members about the process. Ms. Nalls reviewed the application process and packet with members. Dr. Myers indicated that the application should include in bold print "late applications will not be accepted." Ms. Benford wanted to ensure that the application workshops were mandatory. Ms. Nalls indicated that they were and that the application stated that she would be available for individual application review and assistance up to January 16. Applications are due January 24, 2004. Ms. Bounds stated that she would like some options as to how the application assessment should be handled. Dr. Myers explained the Flow Foundation process to committee members. HSAC members decided to review last year's process and additional evaluation methods before making a decision regarding the application evaluation process. Ms. Nalls reviewed public hearing activities. She also updated members on the status of the Denton Assistance Center. Dr. Myers gave a progress report on the improvements at the Denton City County Day School. She noted that besides City CDBG funding for sidewalks and a parking lot, DCCDS has received $50,000 from Peterbuilt for the new activity center. CBS Mechanical is also going to install the HVAC system free of charge. A company out of Sanger is providing the steel for the project. Dr. Myers commented on what a wonderful, giving community we have! The meeting was adjourned. Page 54 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 9, 2004 Members Present: Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, and Sonja Ball Members Absent with Notification: Mae Nell Benford and Lilia Bynum Members Absent without Notification: Lovie Price Staff Present: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nalls, human services coordinator, gave a brief update on the current plans for a Denton County Homeless Management information. Barbara Atkins, chair of the Denton County Homeless Coalition, requested the remainder of HelpNET funds be reallocated for the star-up costs and salary for a part -time program manger. The committee unanimously approved the transfer of funds to HOPE, Inc for start-up costs and staff salary. The minutes were approved as presented. Ms. Nalls informed the committee that three applications were turned in after the deadline. The committee decided not to accept any late applications. Staff was instructed to include a letter outlining the reasons why these applications were not accepted by the committee with the funding recommendations. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long and each agency has three minutes to provide a short presentation on information not included in the application. The committee discussed if a committee member should leave the room during discussions of agencies in which they are board members. The committee decided that board members could remain in the room but were not to vote, Committee members requested a current roster of the Human Services Advisory Committee be sent to each committee member The meeting was adjourned. Page 55 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 23, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Communities in Schools Gary Henderson, Executive Director, Melanie Berry, Robert Prock and Donna Lewis of Communities In Schools introduced themselves. Mr. Prock, Chair of the Board of Directors for CIS discussed the need for the organizations services at Tomas Rivera Elementary School. Donna Lewis, Board member, described her own experience with the organization when her daughter needed glasses that she was not able to afford without assistance. Ms. Lewis also stated that her daughter had received help at the "Homework Center" and that she was a volunteer teacher at the center. Mr. Henderson commented that Ray Braswell, DISD Superintendent, has said that he would like to have CIS on every campus in the district. The presenters stated all requested funds would be used for services at Tomas Rivera. The term "at risk" students was discussed. It was determined that "at risk" students were those from low-income households. Members commented that the Camp Fire organization also wanted to provide services at Tomas Rivera. Denton Christian Preschool Judy Royal, Executive Director, and Jane Moyna, volunteer, addressed the committee on behalf of Denton Christian Preschool. They explained that the increase is requested due to anticipated changes in staffing. Bilingual staffing is needed. Ms. Royal discussed performance outcomes. She stated that the preschool uses evaluations on an ongoing basis for both physical motor skills and cognitive development. The program is evaluated throughout the year. The number of children eligible to participate in the program is very high. It was noted that the children are followed through first grade and then if they graduate, the student usually contacts the school to get their award. Ms. Royal said that their waiting list fluctuates based on the time of year. In the summer it is very long because families are hoping to get their children in for the fall. The waking list is smaller after school begins and families get their children into other programs. Ms. Royal stated that the half-day program allows them to provide services to more children. The instruction is fairly intensive - the children don't take naps while in preschool. Denton City County Day School Carolyn Berry, executive director of Denton City County Day School and Bob Tickner, board member, provided information to the HSAC regarding their request. Ms. Berry stated that they are getting $50,000 from Peterbuilt to construct an activity center. She stated that their enrollment has increased to 71. This is Page 56 up from 66, which was their limit in previous years. She added that this summer, they would also have a summer program. Berry said that in the past few years enrollment had been down due to the poor economy and parents losing their jobs but now it is coming back up. Ms. Berry and the members discussed the bilingual program at DCCDS. Cumberland Presbyterian Children's Home Dr. Amy Pape and Kay Goodman of Cumberland Presbyterian Children's Home stated that they are requesting funds to pay for a social worker for their Single Parent Family Program. The program can currently house four families. Staff maintains contact with them over a two-year period after they have left the program. Ms. Pape stated that they anticipate assisting 61 families over the next year. Though only four families can be housed at one time, other families are provided with a variety of services. Dr. Goodman commented that this was a new program for Cumberland. She added that the program was based on a continuum of care concept. The program began in 1999. Ms. Pape stated that the program planned to use interns in the future. Families are referred to the program by the following organizations: Denton Housing Authority; Salvation Army; DISD; Denton County Friends of the Family; and the Lewisville Advocacy Center. Ms. Pape and Dr. Goodman stated that they have not yet requested funds from other local governments in Denton County but planned to do so. Many of their clients come from Denton and most remain in Denton after they have finished the program. Dr. Goodman told the HSAC members about the organization's capital campaign for housing construction. Fred Moore Day Nursery School Laura Williams, executive director of Fred Moore Day Nursery School stated the school would focus on education for the children and staff for the next year. The school has acquired computers and hands on training. In addition, teachers have been sent to training for working with children and social skills. Ms. Williams also stated that the School has begun ask the children's parents to perform the required 12 hours of volunteer time. The School also provides parenting skills training classes every three months. The parents are offered incentives and free childcare during the training classes in order to increase attendance. The Board of Directors members do not have term limits, but they have begun a new system to bring new board members on. The funding requested would help pay teachers salaries. Ms. Williams also described the low staff turnover rate for the School and the possibility of a capital campaign in the future for additional space for the children. There is currently a waiting list for infant and toddler care. Denton Family Resource Center The Denton Family Resource Center executive director, Fran More and board members Simone Andersen and Trey Martino discussed the start of the DFRC Resale Store. The store was able to produce some income in the first 10 months. The DFRC has been able to pay off the executive director salary debt and the initial Family Resale start -up loan. The DFRC continues to provide a car seat program with 11/2 staff to work on the program as certified trainers. The DFRC has also worked to improve dental care in children as well as providing education to parents of children impacted by divorce. The DFRC does not currently have any bi- lingual staff members. The requested funds would be used for the program directors salary. Denton County Federation of the Families Claudette Fette represented Denton County Federation of the Families. This is a family oriented agency with fifty percent of board members being family members of clients served. The requested funding is for the salary of a Family Liaison position. This position will help with family advocacy and negotiating of the current system of services. It is advantageous having family members work with other families to make the system less frightening and offer community support. The program focuses on child and family strengths. The Family Liaison position would work with Denton County MHMR to help provide services and flexible Page 57 funding for program supports. The program provides one on one support on the phone and in person as well as information and referral. If funding is available, there is a person available for the position who has already started working in the position and received training. The organization advocates for services and systems of care on a local, state and national level. The organization is working to obtain a commitment of space from DCMHMR and is waiting on their approval for 501 (c) 3 status. Riding Unlimited Mary Gwinner, executive director, represented Riding Unlimited. Ms. Gwinner stated that no students are turned away because of inability to pay; therefore, the organization is requesting funds to assist with scholarships to riders. The organization serves at-risk children and people with disabilities from age 2 years to senior adults with horseback riding and buggy driving. The program has two twelve week sessions and some short 5-week sessions. Riders from previous sessions have priority for future sessions in order to have a program with continuous improvement in riders and drivers from year to year. The organization had about 150 volunteers starting at age 11 as junior volunteer groomers and starting assistance in the arena at age 14 years old. Singing Oaks Church of Christ Kali Wood, programs assistant, Jackie King, past program assistant, and trustee Danny Shirley represented Singing Oaks Church of Christ. The organization has provided human services to clients for the last 25 years. They do use an application form for those who seek assistance from their organization. In the past, they shared information about clients and services with HelpNET of the Greater Denton Area via telephone. The program is currently on hiatus until a new benevolence minister can be appointed. The program usually provides services to families that average about four or more with incomes less than $34,000 per year. The clients come from all over the City of Denton and the surrounding area. Interfaith Ministries Condell Garden, executive director, represented Interfaith Ministries. Ms. Garden stated that when a person comes to Interfaith rarely are utilities their only problem, they try and address multiple issues at once. The organization has requested funds for utility assistance. Since the closing of HelpNET, Interfaith has had to limit hours and work with LINT for overview of process to deal with the increase in calls for assistance and lack of pre-screening or applications. In addition, the organization has seen an increase in calls since Community Services has moved permanently to Lewisville, St. Vincent DePaul and Singing Oaks Church of Christ both temporarily ceased operations. Salvation Army Captain Glenn Queener and Brian White, board member represented The Salvation Army, Denton Corp. The Salvation Army is requesting funds to support staff for the shelter and transitional shelter program. Currently the Salvation Army uses a five night limit to shelter use. The shelter is closed during the day and children cannot come to the shelter unattended for their safety. Every person who comes through the shelter must meet with counselor to gage what the clients want to do. If they want to change and try to change than the can have a job search extension for up to 19 days. If they are really trying to turn things around they can enter into the 90-day transitional shelter program. Currently the transitional shelter program has 3 women and 5 men. Hope, Inc Barbara Atkins, executive director, represented HOPE, Inc. HOPE, inc requested funds to support their Transitional Shelter Program and 30-90 day program. The organization has seen an increased number of applications as well as the number of individuals coming to the agency with a housing crisis. The number of Page 58 clients has leveled off to about 300 persons a year. The organization has had cut backs in personnel dollars from different funding agents. HOPE's transitional program focuses on families that are victims of relationship violence. The program begins to work with clients while they are in the Friends of the Family Shelter. The minutes for the previous two meetings of the Human Services Advisory Committee on January 29, 2004 and February 18, 2004 were approved. Meeting Adjoumed OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 26, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Mae Nell Benford, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:30PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Woman to Woman Penny Wooten, Director of Prevention services at Woman to Woman gave a presentation. They are currently providing education for parents regarding the risk of STD's and teaching them how to communicate with their children. Ms. Wooten stated that she is talking with Theresa Grant at DISD about providing this information at PTA meetings in the district. She stated that they have not been in the Denton schools for two years. They are in surrounding school districts. She added that what is keeping Woman to Woman out of DISD is the funding for the workbooks needed. State legislation stated that every school district in Texas is to teach abstinence. Woman to Woman teaches only abstinence. They may answer questions regarding birth control but they do not provide any resources for students. Ms. Wooten stated that they could get this information from the school nurse. They teach responsibility and what the consequences of their actions may be. The school districts are paying for the workbooks in the smaller districts. Ms. Wooten discussed the opening of the resale store and their offices on Loop 288. She stated that they have been in the City for 17 years and often work with local churches to talk with youth groups. Ms. Wooten was asked about board diversity. Ms. Wooten explained that a new board member, Dr. Fred Cummings, was a minority. She added that they understand how important board diversity is. AIDS Services of North Texas Susan Stanbaugh, Zach Walker, Brian Schmedinghoff, Chandra Heggins from AIDS Services of North Texas addressed the committee and provided information on the organization. AIDS Services provides Page 59 housing assistance, insurance assistance a food pantry and other services. Ms. Stanbaugh stated that funds from the City of Denton and Plano allowed them to continue providing food to their service population. They discussed that Deerwood Park Church was providing the agency with hygiene products. Ms. Stanbaugh stated that they are also looking for funds for unreimbursed medical expenses. She described the need for this funding. Ms. Stanbaugh stated that a large portion of the people on the waiting list are from Denton. AIDS Services is receiving some money from Hunt County. They are asking for funding from all five counties that they service. There are very few clients that aren't from Denton and Plano. Most of the food comes from the Tarrant County Food Bank and Sack and Save. Denton County Friends of the Family Jane Ogletree and Ann Cadle from Denton County Friends of the Family stated that the organizations had been in Denton for 24 years. She noted that the City was the first funding source that allowed the agency to open its doors. Most of their clients are from the City of Denton. The requested funds are going to be used to fund two positions - a shelter worker (case manager) and a part-time counselor. Denton County MHMR Melissa Eckstein and Ashley Lynch from Denton County MHMR. Ms. Eckstein noted that all the MHMR centers experienced a major cut in funding last year. They now have a waiting list of 280 adults who would like services. The SIERRA program allows the target population to get services more quickly. The $14,700 request would go just to the SIERRA program for salaries. Twenty hours of Ms. Lynch's time is committed to the SIERRA program. She spends quite a bit of time at the Department of Corrections working with inmates. Ms. Lynch stated that she helps inmates who are released with no assistance or housing available to them. There is no waiting list for the SIERRA program. Last year they assisted 43 persons. The program maximum is 50. The committee asked for additional information on the staff salaries. Sickle Cell Disease Association, Greater Forth Worth Chapter Pearl Jones of the Sickle Cell Disease Association gave a brief presentation. She stated that they have two satellite offices, one in Denton and one in Fort Worth. She handed out a new brochure that was partially funded by City of Denton funding. Ms. Jones stated that the agency focuses on client-centered services. They provide comprehensive care and the Sickle Cell Disease Association is their entry point into the health care system. Ms. Jones noted that they appreciate the City of Denton funding that is provided for these services. The organization seeks to break down the information into something the at-risk population can understand. Ms. Jones stated that they have not requested funding from Lewisville but would do so in the future. Fairhaven Retirement Center Adrian Anderson from Fairhaven Retirement Center addressed the HSAC. Fairhaven has recently been totally renovated. She stated that the requested funding would serve 37 households by providing housekeeping services. The resident pays a very small fee and the grant pays the rest. Fairhaven has 47 units and they currently have 37 residents. Ms. Anderson stated that they have nine rent subsidized units. There is a waiting list for the subsidized units. She stated that they knew they would have empty rooms after the renovation. There is a single dining room where the residents are served behind that is a smaller room where staff and small groups of residents could eat and meet. Fairhaven has two full-time and two part-time administrative staff. There are three part-time cooks and four part-time kitchen helpers. Ms. Anderson stated that the room rent plus three meals a day is currently $980 per month. Family Health Care Patrice Capan of Family Health Care explained that the organization subcontracts with Dr. Melinda Morris to assist their service population. Ms. Capan is a bilingual health provider. None of the clients are eligible Page 60 for Medicaid. Dr. Morris accepts a lower fee to provide prenatal care to these women. The women served are not US citizens but their children will be. They are currently serving 79 women. She noted that last year, many of the pregnancies were high risk and this means extra costs. Many women are diabetic and need special care. All deliveries are at Denton Community Hospital. Testing is done on-site which is very helpful because the service population often has transportation problems and cannot get to other testing facilities. Last year, Family Health Care had to quit providing services to new patients for lack of funding. It remains to be seen whether they will have to cut services this year. Everyone on staff is bilingual. City funding will be used to pay for prenatal services. RSVP Diana Corona and Pat Moore of RSVP presented the agency's funding request. Ms. Corona stated that she recently attended a conference and that organizations such as RSVP are being asked to use volunteers to act as volunteer coordinators for other agencies. These are volunteers of all ages. RSVP is going to look at five or six agencies that might benefit from this and work with them. This is a capacity building exercise. Ms. Moore stated that the volunteer hours were 125,000 in Denton County. This is an increase over the previous years. Denton's funding is a higher percentage of the budget. Lewisville has recently reduced their funding because of an assessment that was recently completed. Volunteer assistance was not a priority based on their assessment. Ms. Corona said that 61% of the volunteers are City of Denton residents and provide services in the city. Human Services Needs Assessment Ms. Nails discussed working on a human services needs assessment to help the committee make funding decisions and prepare the 2006 - 2010 Consolidated Plan for Housing and Community Development. They discussed previous assessments and how those results were used. Ms. Nalls asked the members whether they would like to complete and assessment and a strategic plan. Members directed staff to discuss options with the United Way and report back to the committee. Habitat for Humanity Lee Ann Heath and Neal Brand of Habitat for Humanity told the committee that Habitat for Humanity of Denton joined with the Lewisville Habitat to provide better services. Ms. Heath stated that they build families and neighborhoods by providing housing. She stated that the homeowners that come in don't know about home maintenance, taxes, etc. The grant will provide a staff member to monitor those families to ensure that they are successful. The funding will be used for a salary. They would like to increase the number of classes beyond the current schedule of every other month. Mr. Brand stated that at the beginning of the program they didn't have families in homes so they didn't need this but now they do. Members told them about RSVP's new focus on management of volunteer services this might be helpful to Habitat for Humanity in providing services to clients and volunteers. Ms. Heath stated that they are currently working with 12 families. She noted that $24,000 would be for salary. The salary for the position would be in the low to mid 30's. Some funding would go to the staff members training and to conferences. The miscellaneous funding would be postage and printing for monthly newsletters to let the families know about classes and other activities. Supplies would be used for notebooks and materials for the classes and for credit checks for families. Board diversity was discussed. Ms. Heath stated that currently the board is made up of both the Lewisville and the Denton boards. They are looking at ways to become more diverse. Mr. Neal indicated that most board members come up from Habitat's committees so; they will need to work to get diversity on those committees. Community Food Center Dorothy Van Dyck with the Community Food Room presented their request for funding. She stated that the $3,000 request they have made for many years goes primarily to pay the electric bill. Ms Van Dyck stated Page 61 that they haven't seen an extremely large increase from the St. Vincent de Paul House closing but she said they see increases each year. The Food Room uses volunteers to provide services. She stated the volunteers have an average age of 72. Clients can come in four times a year to get food. They are an emergency food center. There are no criteria in terms of income. Ms. Van Dyck and HSAC members discussed the amount of food that is given out by the agency. Ms. Van Dyck was asked about board diversity. She stated that they don't have anyone who can go out in the community and recruit new board members. She said she would appreciate any help. Dr. Myers complimented the Community Food Room on using TWU students to help audit the agency. Ms. Van Dyck discussed the new data base system that the agency uses. SPAN Ericka Lissberger from SPAN introduced herself and gave a brief presentation. She stated that SPAN is celebrating its 30a~ anniversary this year. They are requesting $30,000 for their congregate meals program. The meals program is available at Heritage Oaks, the American Legion Hall and the Senior Center. Ms. Lissberger stated that they had other support services but were not asking for funding for those. Ms. Lissberger discussed the increase in the cost of meals. She stated that it has increased and will probably increase again. It is currently $2.78 per meal. Ms. Lissberger discussed the tenure of board members. She stated that they attempt to get board members with different skills and backgrounds from the service area. There are nineteen advisory board members whose officers become the executive board. The advisory board meets quarterly and the executive board meets every month. Ms. Lissberger and HSAC discussed their transportation services. Ms. Lissberger stated that SPAN provides transportation for other areas in Denton County but not in Denton. SPAN does not do the door to door for the disabled in Denton. The funds requested by SPAN will also be used as match for other funding. OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 18, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers Members Absent without Notification: Lilia Bynum, Carol Bounds, Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. PARD - ASAS Kathy Schaeffer from the Parks and Recreation Department (PARD) discussed the after school program. She stated that they would pick up children from all four middle schools and will hold the program at MLK. The City's program takes overflow from the DISD's extended school day program. Most scholarships are currently geared to younger kids. Bettye Myers asked what overflow meant. Ms. Schaeffer responded that the school district contacts City staff and states that they do not have enough space for all those who want to participate. The City is Page 62 currently picking up from the four schools that DISD is serving. Members discuss how DISD determines what is "overflow." Ms. Schaeffer stated that she is unsure as to how the school district would make that decision. She noted that middle school kids need care too and that DISD's program would not serve this population. The City's program is an alternative. Dr. Myers asked why this program should be the City's responsibility rather than the school district's concern. Ms. Schaeffer stated that the City does not make a profit off its program. The Parks and Recreation Department just wants to offer care to families that need it. DISD doesn't do field trips, sports activities, etc. Lovie Price stated that she agreed with Dr. Myers and that this may be DISD's responsibility instead of the City's. Jean Hinojosa asked about the program budget. Ms. Schaeffer stated that some families pay a portion of the cost. They have a number of scholarships and half scholarships available through CDBG and then the City provides "extra" scholarships on a sliding scale. Dr. Myers asked why there were only two scholarships for Therapeutic recreation. Ms. Schaeffer responded that right now there are only four children in that program. Ms. Hinojosa asked if staff changed from year to year. Ms. Schaeffer stated that staff has remained consistent at many schools for the past few years. Ms. Hinojosa asked about the ethnic background of staff of the staff. Ms. Schaeffer stated that out of 28 staff members she thinks there are about ten Caucasians, ten African Americans and five Hispanic staff members. Three staff members are bilingual. Ms. Schaeffer and the committee members discussed van availability for this program. PARD - Kings Kids Day Kamp Albert Montero and Robbie Johnson described the Kings Kids Playground program. Ms. Johnson stated that they serve approximately 80 low-income children in the area. The camp nurtures these kids and without the camp, they wouldn't have any place to go. Ms. Price complimented the staff on the program. Teri Rheault asked about the corrective action recommended by Wendy Nalls in her monitoring letter. Ms. Johnson indicated that this had been corrected. Ms. Nalls concurred. Dr. Myers asked about the fact that 90% of the children who request to participate in the program never get served. She suggested that perhaps they should have a one-month program and then serve another set of children the next month. Jodi Vicars-Nance stated that they are providing continuity of care to these children rather than serving large numbers. Mr. Montero stated that they cater to families where the parents need to work. Dr. Myers commented that it appears the way the program is currently administered assists parents who need day care rather assisting the children. Both Ms. Johnson and Mr. Montero stated that if they had more money they could serve more children. Ms. Hinojosa asks what happens if someone registers and only comes a few times. Is there a cutoff where if they miss they are dropped? Ms. Johnson replied that if the child misses a lot, they would be dropped. Ms. Nalls stated that the program is reimbursed based on average daily attendance. Dr. Myers asked about the sliding scale. Ms. Johnson stated it starts at $40.00 per summer and the highest is $125. Owsley Community School Darhyl Ramsey and Don Louis representing the Owsley Community School gave a brief presentation on their request for funding for the Owsley after school program. The funds will be used to pay tutors and staff for the after school program. Dr. Ramsey stated that Newton Razor which is the primary school that Owsley residents attend has thanked the program and stated that it has helped them bring their State score from "acceptable" to "exemplary." Homework is completed first and supervised play activities take place later. Dr. Ramsey stated that they look for good staff members to work with the children to keep them safe and off the streets. Dr. Myers asked about the music program. Dr. Ramsey described the "Start up the Band" program. The children are provided with instruments and are given instruction on how to play them. They are then Page 63 able to enter middle school band and orchestra activities with some skill. Ms. Hinojosa asked about the "gala." Dr. Ramsey stated that there was some problems with hosting it and that they only broke even and therefore they didn't do that this year. Dr. Myers asked about funding for additional facilities. Dr. Ramsey stated that they requested funding for an additional building from the Community Development Advisory Committee. Ms. Nalls asked what agencies have been assisting with additional staff support and what are their time commitments. Dr. Ramsey stated that right now UNT is the only organization that it assisting. Music people are used to provide consistency. The after school program has been assisted by both Rotary clubs. Just received notice of $ 4,000 award from the Denton Noon Rotary Club. Boys and Girls Clubs Barry Fischer, Executive Director, Anita Clearman and Gary Gaylord were present to represent the Boys and Girls Clubs. Mr. Fischer explains his history with the organization. Ms. Fischer discussed the services provided by the Boys and Girls Clubs of Denton County. Approximately 1,200 children were served last year. He stated that they have continued to serve children in the Owsley neighborhood. He stated that they are now serving the Northeast side of the City. There are three elementary schools and one middle school. There are no recreation centers in the area. This is a good area to serve. The targeted service area is east of Locust, north of McKinney and also bounded on the north and east by 288. Members discussed that this includes Wilson, Lee and Jennings elementary schools and Strickland Middle School. Dr. Myers asked where are they are having their programs. Mr. Fischer mentioned that go to other areas such as Carrollton and Lake Dallas. The summer program will be housed at Calhoun Middle School and they are working with the Hispanic church on Stuart Road to serve children there. Ms. Rheault asked about the budget on the job ready program. Mr. Fischer gave the correction for the committee. Dr. Myers asked about the management letter from the audit report. The two management letters were not included with the application. Ms. Nalls stated that if the letters were in the original then staff would copy them for the committee. Dr. Myers stated that the agency's funding seems a bit shaky. Ms. Fischer stated that he was unsure of the financial situation and could not answer questions about previous budgets. He added that they are still working to help the community. Barbara Ross asked about what statistics they looked at before choosing this service area. Mr. Fischer stated that the census figures indicate a high number of children in the area. Members discussed the organization's board and executive director changes. Mr. Fischer also gave a presentation on the Job Ready Program. He indicated that residents attending the public hearings stated that there were young people hanging around with nothing to do. These youth would be brought into the Boys and Girls Clubs administrative offices and be given instruction on job skills and help them to find jobs. Ms. Hinojosa asked what area the youth would be pulled from. Mr. Fischer stated that they would come from the City and he noted that it would be about 500 kids. Sonja Ball and Ms. Hinojosa asked how they would find these students. Ms. Fischer stated that they would work with the school district and DISD would give the ex-students this information. Dr. Myers asked about the dropout number over the past three to five years. Four percent was given in the application. PARD - Owsley Summer Playground Cirilo Pedroza, Denia Recreation Center director, gave a presentation on the Owsley Summer Playground program. Last summer was the 10a~ year of the Owsley Summer Playground program. Mr. Pedroza talked about the United Way's work with local agencies to identify the needs of the neighborhood. Mr. Pedroza discussed the activities of the summer playground program. Dr. Myers asked him to speak as to why he does a drop in program and let children come in all summer. Mr. Pedroza stated that he didn't like to turn kids away. Some children come for a while and leave and then others come in. He noted that part of the funding is for vans so that they can get the children to Page 64 these activities. Parents sign a form as to whether their child has to stay all day or can leave. They request $10 per week but don't turn them away if they can't pay. Ms. Tomboulian asked if Denton Parks and Recreation vans for the program. Mr. Pedroza said that PARD also must rent vans because so many are used in the summer. Members discussed the Owsley Community School should ask for a van from the Denton Benefit League. Ms. Nalls asked Mr. Pedroza to comment on the attendance at the program. Mr. Pedroza stated that some kids are in summer school the first of the summer and then some get out of summer school and go to Mexico. He stated that the population served during the summer was about 100. DISD - Extended Day Program Steve Johnson and Kay Peters with the Denton ISD extended school day program. Mr. Johnson gave a summary of the program. This year they took over six schools. Next year, the program will be in 14 schools. They are requesting $16,500 for scholarships. Monthly tuition is $110. Will not be able to give full scholarships. Next year it will be difficult to provide scholarships. Ms. Hinojosa asked about the length of the program. Mr. Johnson stated it starts after school and usually ends about 6:00 pm. She asked about the difference between this and the City's program. Ms. Peters stated that it is more of an academic program rather than recreational. Ms. Tomboulian noted that the children are divided by grade level in the school district's program rather than lumping them together as they do in City's after school action site. Ms. Ball asked which schools they serve. Ms. Peters stated Borman, Pecan Creek... Mr. Johnson stated that they need to maintain a certain number to achieve the optimum income for the program. Ms. Hinojosa asked how they recruit staff. Mr. Johnson stated that most leaders are elementary school program students. They work with TWU on this. Mr. Johnson stated that this is the projection and that many items will be purchased and services provided that would use up those funds. Ms. Ross asked if all funding collected in fees goes to this program. Mr. Johnson stated that it does that the school board stated that all funds go to this program. Ms. Nalls asked if the school district gives any funds to provide scholarships? Mr. Johnson stated no that they did not. Ms. Myers asked why should the City pay to assist DISD with this program especially since they took the program from the City. Mr. Johnson stated that the City also used these funds to support the program and he noted some of the programs that would be provided with these funds. Dr. Myers stated that school district decided to focus on academic enrichment. Her understanding is that the program isn't 75% academic enrichment. People thought that teachers from the schools would be hired to work with these kids. Mr. Johnson noted that teachers carry out some special activities, such as the TAKS. He noted that they are only asking for funding for the Title One schools. Ms. Peters discusses the children that are coming into the schools are already asking about the program. Dr. Myers asked about buying storage equipment and items that are specific to this program. She asked why this wasn't considered DISD equipment. Mr. Johnson noted and Ms. Ball noted that a school wouldn't be able to provide storage space for equipment. First Texas Council of Camp Fire Donna Pope and Maria Melugin from First Texas Council of Camp Fire. Ms. Pope stated that they wanted to provide a brief storyboard of what a child's day would be like in the program that they are promoting. Ms. Pope and Ms. Meligun reviewed the day's activities. Ms. Ross asked about board members from Denton County or a local advisory board. Ms. Pope stated they would look at doing that. Dr. Myers asked if the managers would come from Ft Worth. Local people will be doing the program but yes, the managers will be coming from Ft worth. Dr. Myers asked if each child must become a member. Ms. Pope said they are required and they will receive the vest and patches for the vest. Ms. Nalls asked if DISD wanted them as a resource the but hadno funds to help with their costs. Ms. Pope and Ms. Meligun stated that DISD helped them to target the Title One schools. Camp Fire does the entire extended school day program in Ft Worth. Ms. Nalls asked in Ft Worth if the program was funded by the school district. They are proposing to serve 60 students. Ms. Pope noted that their families would be Page 65 involved in the family programs. Walking Prayer Clubs Princess Lister with the Walking Prayer Club stating that everything is in the proposal. She noted that they get a list of "at risk" kids from the schools. Right now they only have the list from Calhoun. Ms. Lister stated that the children are treated like their own kids. Ms. Price asked how many members. At Calhoun there are 43 prayer club members. Mr. McDade asked about the date that the program started. Ms. Lister stated that the mentoring program started last year but the organization has existed longer. Ms. Price asked about the newsletter. Ms. Lister stated that it goes out to all the prayer club members. Ms. Ross asked about the list that is provided by the school administration. Ms. Lister and the members discussed how the program works with the volunteers, students and parents. Ms. Lister stated it has not been implemented in the other schools. Ms. Price asked about the use of the funds. Funds will be used for salaries and activities. Ms. Tomboulian asked if the positions on the personnel chart are not currently funded. Ms. Lister indicated that they weren't. Ms. Ross asked if Ms. Lister had talked with Mr. Swafford about providing the at-risk student information to an entity that is not totally made up of Calhoun employees. Ms. Lister stated that she had not done that yet. CASA Sherri Gideon of CASA provided the committee with information about the organization. They are now facing the possibility of not being able to serve all the children in need in Denton County for the first time. CASA is looking at various ways to handle that. Will also attempt to find funding in different areas. Ms. Hinojosa asked if they met their goal of building a reserve fund. Ms. Gideon stated that they now have a reserve fund of $1,000. Dr. Myers asked if the need is greater every year. Ms. Gideon stated that there continues to be a greater number of children in need. Dr. Myers asked if the number of volunteers have increased. Ms. Gideon said that they have seen an increase in volunteers and that CASA tries to do things to support their volunteers. Members continue to discuss staffing needs as they relate to volunteer support. Children's Advocacy Center of Denton County Dan Leal of the Children's Advocacy Center of Denton County gave some information about the agency's outcomes. He noted that in 1996 only 8% of sexual abuse and sever physical abuse cases resulted in confinement of probation in 1997 59.2% resulted in confinement or probation. They are bringing services to Denton and will provide services at the Denton Family Resource Center on Wednesday evenings. They are ahead of schedule and will begin providing these services in March. Ms. Nalls asked about the capital campaign. Mr. Leal stated that they have raised about $400,000 so far and need about $2,000,000. Mr. Leal noted that the budget has increased because they are acting as fiscal agent for some grants for other programs. The meeting adjourned at 8:20 pm. Page 66 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 10, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, Mae Nell Benford, and Carol Bounds Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00PM. At this time the minutes from the February 23, 2004 and February 26, 2004 Human Services Advisory Committee meetings were approved. After discussion, the HSAC proceeded to determine funding recommendations for the 2004-2005 Human Services Funding contract. The HSAC determined the first step in the recommendation process to be the review of applications where some committee members recommended funding the application but other committee members recommended not funding the application. The HSAC decided to take action next on all funding applications where the application score sheets indicated unanimous recommendation for full funding or unanimous recommendation for not funding an application. The HSAC determined the last step to be the review of applications where committee members all recommended funding of an application but a variety of recommended funding amounts where suggested on the application score sheets. Upon review of the applications with limited support for funding, the HSAC took action to present the following recommendations to City Council: 1. Boys and Girls Club Afterschool program - 2. Boys and Girls Club Young Adult Job Training - 3. First Texas Council of Campfires- 4. Communities in Schools- 5. Cumberland Presbyterian Children's Home- 6. Denton County Federation of Families- 7. Denton Independent School District - Extended Day 8. Riding Unlimited- 9. Singing Oaks Church of Christ- $0.00 $o.oo $o.oo $o.oo $5,000.00 $o.oo $o.oo $1,500.00 $12,500.00 The HSAC decided to delay action on the Fairhaven and Habitat for Humanity applications until after some additional funding recommendations were completed. The HSAC decision not to recommend funding the application submitted by Denton County Federation of Families was opposed by Betty Tomboulian and Jodi Vicars-Nance. Also, the recommendation not to provide funding to the Denton Independent School District Extended day Program was opposed by Lovie Price. In addition, the HSAC decision to recommend funding Riding Unlimited was opposed by Lovie Price and Mae Nell Benford. Upon review of the applications with unanimous recommendation for full funding or unanimous recommendation for not funding an application, the HSAC took action to present the following recommendations to City Council: Page 67 1. Walking Prayer Clubs- $0.00 2. Woman to Woman- $0.00 3. Children's Advocacy Center $12,000.00 4. Community Food Center $3,000.00 5. Family Health Care $30,000.00 Upon review of the applications where committee members all recommended funding an application but a variety of recommended funding amounts where suggested, the HSAC took action to present the following recommendations to City Council: 1. AIDS Services of NorthTexas $16,000.00 2. City of Denton - After School Action Site Program 16,600.00 3. CASA- 10,000.00 4. Denton Christian Preschool- 31,200.00 5. Denton City County Day School- 38,000.00 6. Denton County Friends of the Family 35,000.00 7. Denton County MHMR - SEIRRA 9,000.00 8. Denton Family Resource Center- 5,000.00 9. Fairhaven Retirement Home- 8,880.00 10. Fred Moore Day Nursery School- 43,000.00 11. Habitat For Humanity- 0.00 12. HOPE, Inc.- 31,000.00 13. Interfaith Ministries- 18,250.00 14. City of Denton- Kings Kids Day Kamp - 20,000.00 15. Owsley Community School- 14,000.00 16. City of Denton- Owsley Summer Playground- 22,000.00 17. RSVP- 10,000.00 18. Salvation Army- 17,000.00 19. Sickle Cell Disease Association of America- 8,000.00 20. SPAN- 30,000.00 The HSAC decision not to recommend funding for the application submitted by Denton Habitat for Humanity was opposed by Jodi Vicars-Nance. The HSAC recommended a total of $451,930.00 in awards to Community organizations for the 2004-2005 Human Services Funding Award Year. The recommended funding amount of $451,930.00 would fund 60% of the $757,643.53 requested in the 2004-2005 Human Services Funding Applications. The HSAC will present its recommendations for funding to the City Council at the April 20, 2004 City Council work session and be open for public comment during a public hearing at the April 20, 2004 City Council meeting, Adjourned Page 68 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Planning & Development Department Jon Fortune, Assistant City Manager SUBJECT - CA04-0001, Central Village Estates Hold a public hearing and consider adoption of an ordinance for Comprehensive Plan Amendment from 'Employment Centers' and 'Neighborhood Centers' to 'Neighborhood Centers' and 'Employment Centers' respectively. The area for amendment encompasses approximately 2.09 acres, which is generally located between Fort Worth Drive and Country Club Road, and north of the Bent Creek Estates subdivision. The property is largely undeveloped and single-family residential uses are proposed. The Planning & Zoning Commission recommends approval, 5-1. (CA04-0001, Central Village Estates) BACKGROUND Applicant: Isbell Engineering Group, Inc. on behalf of Steve Ehrlich The subject property is part of a 16.59-acre site (commonly known as Central Village Estates) in which the owner proposes to develop single-family residential units. The applicant is requesting a comprehensive plan amendment for approximately 2.09 acres, marked as areas A (0.05 acres), B (0.82 acres) and C (1.22 acres) in Attachment 2. A change from 'Employment Centers' to 'Neighborhood Centers' for areas A and C would make both areas compatible for single-family use. A change from 'Neighborhood Centers' to 'Employment Centers' for area B would allow inclusion of the area in the employment center strip fronting Fort Worth Drive, thus allowing residential uses behind the employment center. The request for a comprehensive plan amendment is mainly intended to create regular-shaped districts for future development in both Neighborhood Centers and Employment Centers Land Uses. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received three responses in favor and no responses in opposition from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends Watkins opposed). approval, 5-1 (Commissioner George PRIOR ACTION/REVIEW The following is a chronology of CA04-0001, commonly known as Cemral Village Estates. December 7, 1999 The DeNon Plan was adopted (ordinance 99-439) and the subject property was assigned differem future land use designations, as shown in the table below. January 29, 2004 February 18, 2004 March 24, 2004 Area Land use before Dec. 7th, 1999 After adoption of The (acres) Denton Plan Area A 0.05 Industrial Employment Centers Area B 0.82 Agricultural and Vacam Neighborhood Cemers Area C 1.22 Commercial / General Retail Employment Centers Predesign meeting Neighborhood Meeting P&Z recommends approval 5-1 (Commissioner George Watkins opposed), but denies the coinciding zoning change request because of density issues. FISCAL INFORMATION With the exception of area C (1.22 acres), the subject property is not platted. Preliminary and final plats are required prior to issuance of any building permits. Area C will need to be replatted for future single-family lots. Future developments will require public improvements that are not the responsibility of the city. ATTACHMENTS 1. Staff'Analysis 2. Maps 3. Public Notification (Property Owner Notification Map, Property Owner Responses) 4. Photographs 5. Minutes from the March 24, 2004 Planning and Zoning Commission Meeting 6. Draft Ordinance Prepared by: Gincy Thoppil Planner I Respectfully submitted: Kelly Carpemer, AICP Director of Planning and Developmem ATTACHMENT 1 Staff Analysis Summary_ of Comprehensive Plan Amendment Request The applicant is requesting a comprehensive plan amendment to change approximately 1.27 acres of land (area A, 0.05 acres and area C, 1.52 acres) from Employment Centers to Neighborhood Centers land use and 0.82 acres (area B) from Neighborhood Centers to Employment Centers land use. The subject property is part of a 16.59-acre site in which the owner proposes to develop single-family residential units. Access to the site will be both from Fort Worth Drive and Country Club Road. The proposed development would be buffered from Fort Worth Drive by the Employment Center strip. The amendments are primarily focused on "cleaning up" the Comprehensive Plan map, now that the ownership of the parcels has been consolidated, to create regular shaped districts for employment centers and for proposed residential development. Existing Condition of Property The subject is undeveloped and is not in a floodplain. Adjacent landuse: North & West: Employment Centers South & East: Neighborhood Centers Adjacent zoning: North & West: Employment Center Commercial (EC-C) South & East: Neighborhood Residential 2 (NR-2) Comprehensive Plan Analysis A part of the subject site is located in both "Employment Centers" and the other part in "Neighborhood Centers" future land use areas. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing, research and development activities, corporate facilities, offices, and institutions. It could also accommodate secondary uses supporting primary workplace uses, such as hotels, restaurants, convenience shopping, and child-care. Neighborhood Centers allow a mix of housing types like single-family detached or attached dwellings, two-family dwellings, small-structure multifamily dwellings and mixed-use dwelling units. Uses other than residential that serve the neighborhood, such as school and civic uses, post offices, parks, mass transportation hubs, limited service-oriented retail and office, ecumenical and service organizations are also encouraged. Staff Recommendation Staff recommends approval of the requested comprehensive plan amendmem based on following findings: The proposed amendment from 'Neighborhood Cemers' to 'Employmem Cemers' will modify the existing employmem strip imo a rectangular-shaped district which will be better suited for future developmem, and will serve as a buffer between Fort Worth Drive and the proposed residential development. The proposed comprehensive plan amendment from 'Employment Centers' to 'Neighborhood Cemers' will create a regular-shaped site for future single-family residemial developmem. The proposed amendment for areas A, B and C is consistent with the land use goals and policies of The DeNon Plan. ATTACHMENT 2 Maps ....... ,? / Location Map Proposed Village E / Scale: None Existi Zoni C B NR-2: ~ 0.82 ac. 0.05 ac. NR-2 NORTH Existing Land Use Map Neic hood Proposed Land Use Map Scale: None NORTH ATTACHMENT 3 Public Notification & Property Owner Responses NORTH Notification Map / / / 500 Ft. Ft. Notificatio Scale: None Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 3 · Neutral: 0 03/08/04 7 37 Percent of land within 200' in opposition: 0 % *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 200' PROPERTY OWNER RESPONSES Property Owner & Address Walter Parker 3036 Country Club Rd Support / Neutral / Oppose Support None Jim Nelson Support None 3040 A Country Club Rd Alan Chamberlain Support None P.O. Box 43 Comments *A copy of the original notice can be picked up at City Hall West, 221 N. Elm, Denton, TX - 76201 ATTACHMENT 4 (with Public Hearing Sign posted) ATTACHMENT 5 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 122 23 24 25 1 2 3 4 5 6 7 8 9 I0 11 I2 13 14 15 16 17 18 19 20 1=! 22 23 24 25 Page 45 COMMISSIONER POWELL: we're now on 4C because 4B has been pulled, so we're at 4C. We're holding a public hearing on a Comprehensive Plan Axncndment of approximately 2.09 acres. The property is generally located between Fort Worth Drive and Country Club Road ilmnediately north of Bent Creek Estates Subdivision. Yes, mn'sin. MS. THOPPIL: Good evening respected Chair, members of the Co~mnission and all present here. My name is Gincy Thoppil and I'm a ptal}ner in the Planning and Development Department. T~f~le case C^o4-00Ol eonunonly 1 2 3 4 5 6 7 8 9 10 I1 Page 47 MS, PALUMBO: I think there's somebody. COMMISSIONER POWELL: EXCUSe me. We do have a speaker and I apologize. MS. ^LeESUeqE: I'm Vicki Alpenhine. COMMISSIONER POWELL: oive me a second to reopen the public hearing officially. Thank you. Go ahead. MS, ^~'ENml':e: I'm Vicki Alpcnhine with Isbell Engineering Group, 1405 West Chapman Drive in Sanger, Texas. I want to thank you tonight for this opportunity to present the Central Village Estates known as Central Village Estates, the applicant is requesting for a Comprehensive Plan Amendment. The 2.09 acre site is a part of the Central Village Estates which is16.59 acre in which file owner proposes single family residential units. The subject site is located between Fort Wol~ Drive and the Country Club Road and it is north of Bent Creek Estates Subdivision. The site requested for amendment contains tln,ee separate areas. Area A, with 0.05 acres, Area B with 0.82 acres and C with 1.22 acres. And as seen in the zoning map, Areas A and C are currently zoned as 12 13 14 15 16 17 18 19 20 21 22 Development. We have this Comprehensive Plan Amendment that is interconnected with the zoning amenchnent that is forthcoming. And I just wanted to explain a little bit about the reasoning behind the request. COMMISSIONER POWELL: EXCUSe me, if I may interrupt you a second. I'd Iike to open the public bearing on 4D, also} so that you can talk about them both at one thne. MS. ALPENHINE: okay. COMMISSIONER POWELL: xhank you. MS. ALPENH£NE: I want to mention the Einployment Center Co~mnercial, Eec. And area B is zoned as Neighborhood Residential 2, N:~-2. The future land use element of the Denton Page 46 Plan adopted in December 1999 has the areas A and C included as employment center. And area B as neighborbood center. The request of the applicant is to change the future land use designation of Areas A and C from Employment Center to Neighborhood Centers as well as changing Area B from Neighborhood Center to Employment 23 24 25 Comprehensive Plan Amenchnent is a very minor adjustmeut to the Denton Plan as it is now. We are looking at 16.5 acres as part of our zoning request, but only 2.09 acres Page 48 are being asked to be changed in the Comprehensive Plann Amendment. 1.27 acres from Employment Center to Neighborhood Center and less than an acre from Neighborhood Center to Employment Center. And we are additionally asking for 4.8 acres to be zoned Nt~-4 and a little over ten acres to be zoned NR-6. Centers. In this way the existing employments trip will be modified into a regular shaped district which will be better suited for future development and wil[ serve as a buffer between Fort Worth Drive and the proposed residential development. The proposed amen&nent for Areas A, B and C is consistent with the land use goals and policies of tho Denton ?lan~ too. About public responses to notification in the 200 feet boundary and the 500 feet boundary, staff received three responses, all in favor of this ameachnent and no opposition Ietters. These are file photographs of the site. As you see it is a largely undeveloped site. With this I conclude my presentation. Thank you. COMMISSIONER POWELL: ^ny questions of staff hm~e? Seeing none, we have no speakers scheduled. There not being any speakers, we will then close the public hearing. And I'll look for a motion or a discussion. 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2i 22 23 24 25 As been mentioned, the surrounding zoning is currently Neighborhood Centers and Employment Centers. Tho'o's Employment Center along Fort Worth Drive and we are asking to add a small portion of .82 acres to this ccntcr to create a more conducive shape for development of an employment center along that area. Neighborhood centers are surrounding to the northeast and south of this development. Employment Centers generally allow light manufacturing storage facilities, offices, restore'ants, vehicle ~pair, commercial parking lots, but does not allow residential uses, whereas Neighborhood Centers alIow residential uses as well as small scale retail including offices and small restaurants. They're very different -- landscaping requirements in Neighborhood Centers between 20 and 70 percent and we're requesting also as part of this change zones NR-6 and NR~4'S as Ill be showing shortly. This is tile Colnprehensive Plan Amendment request as already been shown and basically this area will PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 45 - Page 48 Condcns¢ItTM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 Page 49 be part of the Single Family Development that we are proposing. This will be incorporated into offices that are going to be fronting Fort Worth Drive. This section here most likely will be in addition to an existing office just north of the site. And this small triangle will be incorporated in the single family development. This is the concept plan and as you can see we've created a uniformly shaped area as employment centers for future office development on either side of this proposed road in this concept plan. And the ~4R -- the Neighborhood Center that's being proposed right here would be incorporated into a master plan single family development of tqR-6 in this area and ~qR-4 to the east. Some of the elements of this Concept Plan that have guided our zoning request and Comprehensive Plan Amenchnent Request, a road access on Fort Worth Drive and Country Club Road, no straight roads through from Fort Worth Drive to Country Club Road approximately 80 single family homes. And it's also as I've mentioned an area for offices fronting Fort Worth Drive, And we were proposing average lot sizes of 50 by 100 feet. This has been requested by the builders that am interested in this development. Larger lots are going to be in the NR-4 oistrict. Page 50 Currently the area is largely undeveloped and we are just proposing to enhance the area and improve the infrastructure to handle the proposed development. The zoning amenchnent includes NR-6 tO the west and NR-4, lower density to the east. This is currently the central builders site. They are the owners of this property and developer. They will be overseeing the development as it progresses. Across the street are various industrial and office uses, Fultons and Jagoe. And these are some of the existing site conditions, largely vacant, undeveloped. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 you. COMMISSIONER POWELL: If there's no questions, we have two speakers that would like to speak on this issue that I have a card from. Mr. Scott Andrews, if he's here would like to speak in opposition followed by Becky King. So if Ms. King will come down and sit in the front aisle here and be ready when Mr. Andrews is finished. Mr. Andrews, you have three minutes. MR. ANDREWS: My game is Scott Andrews. And I reside at 3033 Country Club Road. And for the second time in six months, I'ln here to ask the Conmfission to deny this request to rezone the property on Country Club Road approximately 500 feet from me. When this project was just five acres, the Cmmnission unanimously denied the request to increase the density from thc existing NR-2 to NR-4. Now, that the proposed development has tripled in size, the requested density in some sections is as iow as Na-6, three times greater. As mentioned earlier, the proposed zoning change is not consistent with any adjacent property and has the potential of reversing a trend in this ama of larger lots and less density. Again, there will be a greater test of the existing transportation infrastructure for no improvements or plan for Country Club Road. While I'm not here to halt 1 2 3 4 5 6 7 8 9 10 Page 52 the progress and development in this neighborhood, I do request that the City maintain the present slandards which we have entrusted to you to uphold. COMMISSIONER POWELL: Thank you, Mr. An&~s. Ms. Becky King, would you give us your name and address, please. MS. KISO: My name is Becky King. My husband Vince and I tire at 800 Regency Court which is right across Country Club Road from where the proposed entrance would be to this new subdivision. You received There is some residential property fronting Country Club Road adjacent to the property. Also, to the south Bent Creek Estates which actually in looking at the plat, the lot sizes are very similar to those being proposed in our development. At this point several 1I 12 13 14 15 my letter, I think, this evening at the beginning of your work session. And I'll refer to that letter because there isn't a lot of time to speak extemporaneously. I did bring a couple of pictures that I took this afternoon. The area now right adjacent to this developers and homes are interested including Trail Wood Homes and these are examples of the type of homes they envisioned for this development. I thank you for your time. I'm here to answer any questions. Thank you. COMMISSIONER POWELL: Questions of tho applicant? Since there are no questions I will have a statement. I sincerely apologize for just going right ahead like a bull in a china shop and forgetting the applicant. MS. ALPENH[NE: oh, that's fine. Thank 16 17 18 19 20 21 22 23 24 25 pareeI !ooks like this. These are at least one acre sites directly north of that parcel of land. This is a photograph looking ot~ the opposite side of the road to the southeast towards a ten acre single family home site and towards Regency Oaks which is one to three acre home sites. North and northeast of this are three to -- more three to tm~ acre home sites akeady built. The map that was -~ the aerial view that was shown a white ago was actually taken, I think, before the -- some of the housing was put there. So it was PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 49 - Page 52 Condcns¢ItTM 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 Page 53 nfisleading. It looks very bear and undeveloped which in actuality, they am large lots and single fanfily homes already in there. And we are opposed to this zoning lrXtuest. We feel that file Na-2 zoning which is there now is the most appropriate zoning for that parcel of land. It serves as a perfect transition between the large open parcels of land which are already single family home sites. Between fl~ere and the very dense subdivision that's directly to the south of this parcel. And mmcrnbcr ~a~2 allows two houses per acre. And that would be twice the density at least of wharfs already there. So that would be a perfect buft~ and we hope that you will agree with that and choose to leave it as Na-2. I want to say quickly werre not opposed to development in the area. We would not be opposed to a Comprehensive Area Plan that would nmybe diverge a little bit from Na-2 in the area as long as t,m-2 are the -- tile sense of NR-2 would be kept along tile Country Club Road area because that's what we're talking about, the view of that area transitioning frmn those large acre lots, those large multi-acm lots down to the very dense neighborhood that is already there. This proposal would put the same kind of density even closer and would take out thc buffer that is there now as NR-2. Thank you. COMMISSIONER POWELL: Nobody has a Page 54 question? Are there any other speakers on this issue either 4C or 4D? Being none, I will close these two public hearings at this time. And I suppose we need to vote on these separately and motions separately. I've just been reminded that I've bulled 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 you'll look at Zone E approximately 4.8 acres from ~R-: to NR-4. The NR-4 zoning is four dwelling units per acre. The N~t-: which is currently there is two drilling units per acre. The Na-4 is single family residential, both detached single family and duplex units~ Zones A, D and C, the applicant is requesting to rezone to NR-6. The Na-6 obviously would be six dwelling units per acre and can be detached single family attached single family which are town homes and duplex uses. The remaining zone is Zone B which the applicant is proposing to rezone to ECC, which would simply be as Ms. Thoppil and Ms. Alpcnhim¢ have pointed out to clean up that area in t~mns of the zoning. There's an irregularly shaped zone there and that will simply bring conformance to that. Staff has mailed 39 property owner notices. We've received five responses in opposition which now updates that to 6.8 percent and we've received -- pardon me -- two letters in favor of this rezoning. The applicant did have a meeting with staff prior to this request, a pre-design meeting and a neighborhood meeting was held. The neighborhood meeting did involve property owners and residents within 200 feet to 600 feet of the site. Density, lot layout, the type of homes to be developed and increased traffic were issues that were Page 56 brought up. Given the request is in conformance with tile future land use plan, presuming the ordinance that's before you, the ease the c~o4-oot is approved, this will then be in conformance. We recommend approval. I'm open for any questions. Thank you. the china shop again. We didn't hear from staff on 4D and we do want to hear from staff on 4D. I'm just trying to get home early. That's ali. MR. FULLER: Thank you and good eveuing. I'll see if t can help. If you'll give me one moment to 6 7 8 9 10 are NR-3? COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: The Bent Crock Estates MR. FULLER: YOS~ sir. COMMISSIONER ROY: The applicant nmde a bring up an exhibit that I believe will aide in our discussion this evening, lust one moment, please. COMMiSSiONER POWELL: YOU know, it's a good thing I've got help on both sides here. MR. FULLER: If I can direct your attention to the screen, I believe this exhibit may help expedite this discussion. Now, one filing I would like to point out before we begin, you'll sec that the site, the proposed site has been broken into zones. I've done that so that it will correspond to the applicant's presentation. Zones A flu'ough E have no significance or meaning other fl~an being arms of the rezoning simply to associate with the presentation given later. And that's in your backup as well. The applicant ig requesting to rezone -- if 11 i2 13 14 15 16 17 18 19 20 21 22 i23 24 25 statemeut that tile lot sizes that they're proposing are very similar to thc ones in Bent Creek Estates but yet it is ~a-3. I'm trying to grasp that. How tlmt could be possible? Ma, ~JU[ER: ^t this point it would be premature for staff to discuss lot size given that anything over two acres is going to be a density issue which will determine what tile tot layout will be. I can tell you thc history of thc NR-3 for Bent Creek. It was originally a ~, which allowed for lot sizes ranging from 5,500 foot up to the northern lots which are on the cul-de-sac of being up to 13,0000 square feet. So there is a wide range within Bent Creek, however, at this point, I cannot conm~ent on the lot layout. COMMISSIONER ROY: okay. You've answered PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 53 - Page 56 CondenseltTM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 my second question. And looking in the area, the northern section of Bent Creek clearly is the larger lots adjacent to the current Na-2. okay. Thank you. MR. FULLER: YeS, sir, COMMISSIONER POWELL: Any other questions of staff here? Seeing none, I guess not. Then I guess we're at a point of discussion up here. Staff want to rebut anything -- or excuse me, the applicant. MS. ALPENHIME: JUSt tO clarify on the Bent C~eek, just looking at the plats, this was platled in 1998 prior to the new Development Code. And there are many lots that are approximately the same size as ours, 50 -- ahnost 50 by 100 on ail lots. And some of our lots are also larger as well in the NR-4 oistrict. So it's very similar in terms of type of lot size. COMMISSIONER POWELL: Anything else to ask the applicant while she's here? Seeing none, thank you. Is there anybody elSe here that would like to speak on either C or D? No speakers. I will then again once more, I think legally tltis time close the public hearing and ask for questions or discussion or a motion from here. I have 5 6 7 8 9 10 !11 12 13 14 15 16 17 18 19 20 21 Page 59 COMMISSIONER WATKINS: okay. COMMISSIONER POWELL.. okay. We have a motion to approve. We have a second. And it's 4C, a Comprehensive Plan Amendanent, not the zoning at this time, just to be clear. And since there's no more discussion, we have a motion, Iql call for a vote. There we go. Passes 5-I. (COMMISSIONER WATK[NS VOTING IN OPPOSITION) COMMISSIONER POWELL: NOW, we're On 4D, which is rezoning of 16 and a half acres. Discussion? Motion? Mr. Roy. COMMISSIONER ROY: In the way of discussion, we've been tlurough this before and t think Mr. Watkins addressed it already. The strip along Country Club Road with the larger lots, I think is a beautiful strip. And the lots right across the street m,e beautiful large lots. And I think we -- when we addressed this before, we had concerns about butting up higher, significantly higher density, twice the density in this case up against those nicer lots. I reaIize that the applicant has moved and Mr. Johnson up first followed by Mr. Roy and [Vh-. Watkins. COMMISSIONER JOHNSON: I'ln ready to make a motion on Item 4C. I will defer that until -- if somebody wants to discuss it. Page 58 COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: NO. I was going to make a motion on 4C as well. COMMISSIONER JOHNSON: I'd like to move that we recormnend to the City Councit that CA-04-0001 be approved. That is a cleanup. It looks to me like it does rezone thc properties to be more consistent with the overall zoning in the area. So I'd move approval. COMMISSIONER POWELL: Excuse me, sir. Bllt I don't like to be picky, but that's not a zoning situation. You said to rezone the properties~ COMMISSIONER JOHNSON: You're r.[ght. It's change the development plan, yeah. COMMISSIONER POWELL: Thank you. Is there a second to Mr. Johnson's motion? COMMISSIONER ROY: I second. COMMISSIONER POWELL: Mr. Roy, I think I heard first. Mr. Watkins, you're still up on the cue. COMMISSIONER WATKINS: Thank you, Mr. Chairman. I just look at Zone E and it's going to be ~g-4. It's right across the street from those beautiful lin'ge lots and I know we're going for density. But that's a pretty large jump. COMMISSIONER POWELL: Mr. Watkins, we're still on 4C. 22 23 24 25 Zone E has put the NR-4 to make it less of an issue, but it's still significantly higher than what's currently in the area. And I think about our Denton Plan and the requirement to protect existing neighborhoods. So I~d 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 60 like to hear more discussion from other Connnissioners, but I'm struggling with a way to go along with this. COMMISSIONER ?OWELL: I don't like to pick on a Commissioner, but Mr. Watkins was talking about this earlier. Would you like to get into this? COMMISSIONER WATKINS; I might as well. We know that we're going to have to go to more density because of file price of the developments, tile price of the infrastructare and so forth. But you have to ask yourself why is this such an important place to do it? And a lot of these people have lived there awhile. I think the people across the road came to us and asked us for help as far as access. And this is the second time it's up. And I just -- it just hurts to see those nice homes -- I don't know that I can mention 50 by 100 foot lots, but -- and beautiful homes can bo built on that and a lot of people really want that. But why does it have to be right hem? I'ln sorry. I'll sbut up. COMMISSIONER POWELL: I think you made a good point. Mr. Johnson is on the cue. COMMISSIONER JOHNSON: Weli~ also, in the way of discussion is -- Regency across the road, NR-2 is probably actually less dense than that. Bent Creek which is N~-3 in truth is probably more dense than that. So -- and I can see the need to do a phase-in or a buffering or PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 57 - Page 60 ORDINANCE NO. AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 2.09 ACRES AND IS GENERALLY LOCATED BETWEEN FORT WORTH DRIVE AND COUNTRY CLUB ROAD, NORTH OF BENT CREEK ESTATES SUBDIVISION: PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0001) WHEREAS, Isbell Engineering, on behalf of Steve Ehrlich, applied for a comprehensive plan amendment to the land use plan of the land element of the Denton Plan for 1.27 acres of land from Employment Centers to Neighborhood Centers and 0.82 acres of land from Neighborhood Centers to Employment Centers, which is more particularly described in Exhibit "A" and "B" attached hereto and made a part hereof by reference (the "Land Use Plan Amendment"); and WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020; and WHEREAS, on March 24, 2004, the Planning and Zoning Commission held a public hearing and recommended approval of the Land Use Plan Amendment; and WHEREAS, the City Council, after a public hearing, finds that the recommended Land Use Plan Amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The.findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves the Land Use Plan Amendment to the Denton Plan, 1999-2020. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. The City staff is directed to change the land use plan map to the Denton Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan Amendment. Page 1 SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: P~e2 EXHIBIT "A" The Comprehensive Plan Amendment encompasses approximately 2.09 acres. 1.27 (0.05 + 1.22) acres will be amended from Employment Centers to Neighborhood Centers and 0.82 acres will be amended from Neighborhood Centers to Employment Centers land use. LOCATION MAP acr*s Pro Central age. Estates Pha Page 3 Metes and Bounds EXHIBIT "B" 0.05 ACRES (^) FIELD NOTES to ali that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Aequistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas the subject tract being more particularly described as follows; COMMENCING at thc most Northerly Northeast comer of said 8.39 acre tract; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 193.05 feet to the PLACE OF BEGINNING; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 68.50 feet to a comer; THENCE West a distance of 68.82 feet to a comer; THENCE North 44 degrees 38 minutes 32 seconds East a distance of 96.26 feet to the PLACE OF BEGI2N-NING and enclosing 0.05 of an acre of land more or less; 1.22 ACRES (c) FIELD NOTES to all that certain tract of land situated in the B.B.B. and C. Raikoad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 3.25 acre tract described in the deed to Central Builders Inc., recorded in Volume 4280 Page 1535 of the Real Property Records of Denton County, Texas; 'the subject tract being more particularly described as follows; BEGINNING for the Northeast comer of the tract being described herein at a fence comer post for the occupied Northeast comer of said 3.25 acre tract; THENCE South 00 degrees 44 minutes 06 seconds West with the East line thereof along a fence a distance of 206.96 feet to a fence comer post for the occupied Southeast comer of said 3.25 acre tract; THENCE South 89 degrees 41 minutes 59 seconds West with the North line thereof along a fence a distance of 255.27 feet to the Southwest comer of the herein described tract; THENCE North 00 degrees 07 minutes 14 seconds West with a line severing said tract a distance of 207.01 feet to a comer in the North tine of said tract; THENCE North 89 degrees 42 minutes 58 seconds East with said North line a distance of 258.36 feet to the PLACE OF BEGINNING and enclosing 1.22 acres of land more or less Page 4 0.82 ACRES FIELD NOTES to all that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 4.835 acre tract described in the deed ~rom V.R. Clearman et.ux, to Walter E. Parker et.ux, recorded in Volume I081 Page 408 of the Deed Records of Denton County, Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas subject tract being more particularly described as follows; BEGINNING at a wood fence comer post for the Northwest Comer of the herein described tract at the occupied most Westerly Northwest comer of said Parker tract and the most Northerly Northeast comer of said 8.39 acre tract; THENCE North 89 degrees 41 minutes 59 seconds East continuing with said North line a distance of 368.15 feet to a comer; THENCE South 00 degrees 07 minutes 14 seconds East severing said Parker tract a distance of 80.47 feet to a comer; THENCE North 89 degrees 58 minutes 00 seconds West a d/stance of 251.79 feet to a comer; THENCE South 44 degrees 38 minutes 32 seconds West a distance of 161. t0 feet to a comer; THENCE North 00 degrees 59 minutes 06 seconds West a distance of 193.05 feet to the PLACE OF BEGINNING and enclosing 0.82 of an acre of land more or less. Page 5 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 20, 2004 Electric Engineering Howard Martin, 349-8232 ~ SUBJECT: SI04-0004, DME Code Amendments Hold a public hearing and consider adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to development standards associated with electric transmission lines and non-transmission voltage lines. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND The National Electrical Safety Code (NESC) is the national document whose stated purpose is to define minimum criteria for safe installation, operation and maintenance of electric supply and communication lines. Two of the key features of the NESC are that it defines minimum spacings to be observed between conductors and cables in electric and communication lines and minimum safe clearances to be maintained between electrically energized bare conductors and other structures and between conductors and surfaces at ground level. The NESC is not in and of itself a regulation, but it is recognized nationally as the authoritative source for defining minimum safe clearances and practices for electric and communication supply lines. The NESC was first introduced in 1913 and has been developed over the years collaboratively by groups of leading industry experts from power companies, communication companies, educational institutions, and manufacturers. It has been adopted into law in 48 of the 50 states as the minimum standard of care to be observed for electric supply and communication lines. The two states not adopting the NESC directly have developed standards based on the NESC that add additional and/or more stringent requirements. The Public Utility Commission of Texas has adopted the NESC. All utilities operating within Texas are required to observe the requirements therein as minimum standards. The purpose for adopting the NESC is to provide a safe environment for workers and for the public where electric and communication lines exist. DME believes that real estate construction and development activity, without the proper minimum safeguards defined in the NESC, pose very real safety hazards. Because of this, adoption of the National Electrical Safety Code is in the best interests of the citizens of the City of Denton. The City Attorney has advised that, without adoption of the NESC, the City of Denton, being a home ruled governmental entity, cannot require that building construction and development be structured to maintain the minimum safe clearances as defined by the NESC. Thus limited, the City cannot ensure that the safety and welfare of those living and working in Denton is always preserved. Other than the NESC, there is no nationally recognized document that comprehensively defines minimum safe clearances and practices for electric and communication supply lines. OPTIONS 1. Approve an ordinance adopting the National Electrical Safety Code. 2. Take no action and allow the City to continue to be handicapped in its efforts to provide for the safety and welfare of its citizens in this very important area. PRIOR ACTION/REVIEW March 22, 2004: Public Utilities Board Meeting March 24, 2004: Planning and Zoning Public Hearing RECOMMENDATION Staff recommends approval of the proposed revisions to the Development Code. EXHIBITS 1. National Electrical Safety Code Ordinance. 2. Denton Development Code Section 35, Subchapter 24. 3. March 22nd PUB minutes. 4. March 24th P&Z minutes. Respectfully submitted: Prepared by: Sharon Mays Director of Electric Utilities Chuck Sears Engineering Administrator ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR AMENDMENT OF THE CITY OF DENTON, TEXAS, CODE OF ORDINANCES, CHAPTER 28, ARTICLE iii ELECTRICAL CODE, DIVISION 3 AND PROVIDING FOR THE ADDITION OF SECTION 35, SUBCHAPTER 24 - ELECTRIC STANDARDS, RESPECTING THE ADOPTION OF THE NATIONAL ELECTRICAL SAFETY CODE, 2002 EDITION, VERSION C-2 2002; PROVIDING FOR AMENDMENTS TO THE NATIONAL ELECTRICAL SAFETY CODE, AS STATED IN SECTION 3 OF THIS ORDINANCE RESPECTING THE CITY OF DENTON, TEXAS; THE ESTABLISHMENT OF ELECTRIC TRANSMISSION LINE MINIMUM CLEARANCE REQUIREMENTS RESPECTING THE MATTER OF ELECTRIC SUPPLY LINES RESPECTING CONSTRUCTION AND THE LOCATION OF IMPROVEMENTS ON REAL PROPERTY; PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABiLiTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 PER VIOLATION, PER DAY FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Demon, Texas is a home-rule city, located in Demon County, Texas, created in accordance with the provisions of the Texas Local Government Code, as amended, and operates pursuant to and in accordance with the enabling legislation of the State of Texas; and WHEREAS, heretofore the City of Demon, Texas duly adopted and approved "The Demon Developmem Code," (hereafter the "DDC"), enacted on February 5, 2002 by Ordinance No. 2002-040, which codified and established many existing ordinances and laws dealing with many City of Demon ordinances respecting zoning and subdivision approval; and which DDC was a comprehensive re-write of the City's zoning and developmem regulations in accordance with the Denton Plan 1999-2020; and WHEREAS, the Public Utilities Board of the City of Demon, Texas duly considered and approved the adoption of the National Electrical Safety Code, 2002 Edition, Version C-2 2002 at its regular open meeting held on March 22, 2004 by a vote of five (5) members voting "yea" to no members voting "nay;" with one (1) member abstaining; and one (1) member absem; and WHEREAS, the Planning and Zoning Commission of the City of Demon, Texas thereafter, after due notice of the time and date of the public hearing being published as required by law, duly considered and approved the adoption of the National Electrical Safety Code, 2002 Edition, Version C-2 2002 at its regular open meeting held on March 24, 2004 by a vote of six (6) commissioners voting "yea" and no commissioners voting "nay;" with one (1) member absent; and WHEREAS, the City Council, pursuant to its authority to regulate development under the provisions of §212.002, et seq. of the Texas Local Governmem Code, as amended; and the City Council, under the authority grained in §212.002 has determined after a public hearing, that the EXHIBIT 1 ordinances set forth herein deal with the City's duty to provide for the health, safety, morals, and general welfare of the City, as well as the safe, orderly, and healthful developmem of the City; and are consistent with the Denton Plan 1999-2020; and WHEREAS, the City Council believes that real estate construction and development activity, without proper safeguards and regulations within its jurisdiction, can pose real health and safety hazards and concerns to the City of DeNon; and that adoption of the National Electrical Safety Code (hereafter the "NESC") is accordingly in the best imerests of the citizens of the City of DeNon; and WHEREAS, the NESC has already been adopted by forty-eight states and numerous public service corporations across the United States; the NESC having most recently been re- adopted as a standard for construction and operation in the electric industry, in its presem form by the Public Utility Commission of Texas, effective January 1, 2003 as PUC Substamive Rule No. 25.101(d); the NESC was previously adopted and modified by the Public Utility Commission of Texas some seven times, beginning on March 1, 1984; and Substamive Rule §25.101 (d)(1) of the Public Utility Commission of Texas further expressly extends the standards of construction and operation for each electric utility as being applicable to, but not limited to, the construction of any new electric transmission facilities, rebuilding, upgrading, or relocation of existing electric transmission facilities; and WHEREAS, the NESC is national in scope and considered as the single most important documem for defining the minimum clearances that will safeguard persons against electrical hazards during the installation, operation and maintenance of electric supply lines; that it was first established in 1913 as a companion to the National Electric Code ("NEC"), and was initially produced by the National Bureau of Standards as Circular No.49; that the NESC is currently the trademark of the Institute of Electrical and Electronics Engineers ("IEEE") and the IEEE is designated as the administrative secretariat of the NESC in January 1973; that the NESC has evolved over the past ninety (90) years, and its rules comain the basic provisions that are considered necessary for the safety of employees and the public under the conditions specified therein, and, as such, establishes a uniform standard of care that should be observed by and upheld by not only the electric and communication utilities operating within the City of Denton, but also by those who shall be involved in construction within existing and planned developments within the City of Denton; and WHEREAS, the Texas Municipal League has also encouraged all cities to adopt the International Building Codes and associated International Codes as the established construction standards for their jurisdictions; and WHEREAS, the City of DeNon further states on Page 1 of "The City of DeMon's Contractor's Guide for One and Two Family Dwellings" that it is the contractor's ultimate responsibility to know and to build in accordance with the codes adopted by the City; and that all development must meet the minimum standards found in the following adopted codes: The 2000 International Building Code (as amended); The 2000 Imemational Residemial Code (as amended); o 4. 5. 6. 7. 8. 9. The 2000 International Mechanical Code (as amended); The 2000 Imernational Plumbing Code (as amended); The 2000 Imemational Energy Conversion Code (as amended); The 2000 Imernational Fuel Gas Code (as amended); The 1999 National Electric Code (as amended); The 2000 Uniform Fire Code (as amended); and The DeNon Developmem Code (as amended). WHEREAS, the City Council finds that just like the nine (9) preceding codes listed in the preceding paragraph, the National Electrical Safety Code sets forth certain appropriate minimum standards of care; and WHEREAS, the City Council is of the opinion that the National Electrical Safety Code ("NESC"), in its latest and most currem edition, should be hereby formally adopted imo the City of Denton Code of Ordinances; NOW THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations comained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. SECTION 2. That City of DeNon, Texas, Code of Ordinances Chapter 28, Article III - Electrical Code, Division 3 is hereby amended to include the following material and to read as follows: That there is hereby adopted by the City of DeNon, Texas for the purpose of prescribing regulations governing construction near electrical supply lines, and whose purpose is to mitigate, to at least the degrees identified in the NESC, conditions that could pose hazards to life and property from the risks of electrocution, shock, fire, explosion, or other casualty caused by the consequences of persons or property coming into contact with electric supply lines; those entire certain Codes and Standards known as the "National Electrical Safety Code," Version C-2 2002, 2002 Edition, published by the Institute of Electrical and Electronics Engineers, Inc., and being approved by the American National Standards Institute; in its present form, as well as in the form of any amendments later adopted to the NESC, it being contemplated that the NESC shall be periodically updated and amended in three or more-year cycles; save and except such portions as are hereinafter deleted, modified, or amended by DeNon Developmem Code §35.24 - Electrical Standards, of this ordinance. A complete copy of the said National Electrical Safety Code, Version C-2 2002, 2002 Edition is now filed in the Office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein; and from the date upon which this ordinance shall take effect, the provisions thereof shall be comrolling within the limits of the City of DeNon, Texas. SECTION 3. That the National Electrical Safety Code, as adopted this date in City of DeNon, Texas, Code of Ordinances, Chapter 28, Article III - Electrical Code, Division 3 above, is hereby amended only as follows, to add the following provisions applicable only to the City of Denton, Texas, to wit: A. That there exists a compelling need, as well as a serious public safety issue regarding the establishment of a quantitative standard regarding the width, for minimum safe clearance from electric transmission lines, based upon Staff calculations presented to the City Council, based upon and utilizing the National Electrical Safety Code and also utilizing the generally-accepted RUS Bulletin 1724E-200 equations; the City Council is of the opinion, that in the interests of public safety, that it should, and does hereby adopt and impose the requirement of a minimum sixty (60) foot wide electric transmission line clearance regarding real property affected by electric transmission lines, said clearance being more specifically required as being a minimum of thirty (30) feet from either side of the centerline of the particular transmission pole(s). B. That compliance with the clearance criteria in the NESC may require greater clearance widths in some instances. C. That for the purposes of this ordinance, the word "transmission" shall be defined as any line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts. D. That clearances for non-transmission voltage lines shall also be maintained in accordance with the NESC. E. That unobstructed and adequate space shall be provided for all clearance areas required by this ordinance that will allow ingress and egress for utility-related personnel and equipment to perform operations, maintenance and replacement of electrical supply and communication lines. Such clearance provision shall be included in the design and construction when property is developed or altered. Such clearance areas shall be recorded by the property developer or the record owner on subdivision plats; or shall be evidenced by written instrument, duly recorded, in the Public Records of Denton County, Texas. SECTION 4. That the Denton Development Code is hereby amended by adding Subchapter 35.24, entitled "Electric Standards," incorporating the National Electrical Safety Code as shown on Exhibit "A" attached hereto, which is incorporated by reference for all purposes pertinent. SECTION 5. That it is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 6. That this ordinance shall be cumulative of all other ordinances of the City of Denton, Texas and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 7. That if any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 4 ordinance, and the City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions, despite any such invalidity. SECTION 8. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, semences, clauses, and phrases of the Code of Ordinances of the City of Demon, Texas, shall remain in full force and effect. SECTION 9. That any person violating any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor, and be punishable by a fine not to exceed Two Thousand Dollars ($2,000). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 10 That this ordinance shall become effective fourteen (14) days from the date of this passage of the ordinance, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of its passage. PASSED AND APPROVED this the __day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\04\National Electrical Safety Code-Adoption by City-2004-Final.doc EXHIBIT 2 Subchapter 24 - Electric Standards Sections: 35.24.1 Purpose. 35.24.2 Definitions. 35.24.3 Regulations 35.24.1 Purpose. The development and maintenance of electric transmission lines necessitate reasonable regulations to prevent imminent destruction of property or injury to persons and to make these activities conform to the Denton Plan and development regulations. This Subchapter implements reasonable regulations to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of electric utilities. It is the further purpose of this Subchapter to achieve the following broader objectives: A. To protect and promote the public health, safety, and general welfare of the community. B. To define and establish the minimum clearances that will safeguard persons against electrical hazards during the installation, operation, maintenance and replacement of electric supply lines. C. To adopt the National Electric~J Safety Code Version C-2 2002, 2002 Edition, as anaended. 35.24.2 Definitions. All technical industry xvords or phrases related to electric transmission lines not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the electric industry. For the purposes of this Subchapter, the folloxving definition shall apply unless the context clearly indicates or requires a different meaning. Transmission. Any electrical line operating at a nomin~J line-to-line voltage equal to or greater than 60,000 volts. Ail applicable standards as set forth in the National Electrical Safety Code, as it noxv exists and as it may be hereafter amended. A minimum sixty (60) foot xvide electric transmission clearance easement is required on real property affected by electric transmission lines, said clearance easement being more specifically required as being a minimum of thirty (30) feet from either side of the centerline of the particular transmission pole(s). Clearance criteria in the National Electrical Safety Code may require greater clearance xvidths in some instances. For purposes of this Subchapter, the clearance for non-transmission voltage lines sh~Jl ~Jso be maintained in accordance xvith the National Electrical Safety Code, as it noxv exists and as it may be hereafter amended. That unobstructed and adequate space shall be provided for all clearance areas required by this Subchapter that xvill alloxv ingress and egress for utility-related personnel and equipment to perform operations, maintenance and replacement of electrical supply and communication lines. Such clearance provision shall be included in the design and construction xvhen real property is developed or altered. Such clearance areas shall be recorded by the property developer or by the record oxvner on subdMsion plats; or shall be evidenced by xvritten instrument, duly recorded, in the Public Records of Denton County, Texas. EXHIBIT 2 24-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES March 22, 2004 Draft After determining that a quorum of the Public Utilities Board of the City of DeNon, Texas was presem, the Public Utilities Board convened imo an Open Meeting on Monday, March 22, 2004, at 9:00 a.m. in the Service Cemer Training Room, City of DeNon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: John Baines ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of an ordinance adopting the National Electrical Safety Code ("NESC"). Sharon Mays, Director of Electric Utilities, presented this item. The National Electrical Safety Code (NESC) is the national documem whose stated purpose is to define minimum criteria for safe installation, operation and maimenance of electric supply and communication lines. The City Attorney has advised that, without adoption of the NESC, the City of Demon, being a home ruled governmental entity, cannot require that building construction and development be structured to maimain the minimum safe clearances as defined by the NESC. Board Member George Hopkins cited philosophical concerns with adopting the NESC. He speculated that a national electric safety code could impose unreasonable requiremems on the City. He asked how the adoption of the NESC would differ from what the City has in place at the presem time. Mays explained that it would give the City the official right to enforce safety requirements. Smith moved to recommend approval of the ordinance, with a second from Hopkins. The motion was approved by a vote of 5-0, with Board Member Bill Cheek abstaining from the vote. Page 1 of l EXHIBIT 3 CondenseltTM 5 6 7 8 9 10 11 12 13 i4 I5 t6 17 18 19 20 91 22 23 24 25 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 i6 17 18 :19 20 21 22 23 24 25 Page 37 hearings. Item 4A would be amendments to the Denton Development Code of Ordinances of the City of Dcnten related to development standards associated with electric transmission lines and nontransmission voltage lines. MS. MAYS: Good evening. I'm Sharon Mays. from Denton Municipal Electric. And out of respect for your time, I'm going to give you thc short version. If I'm unable to answer all of your questions, I have a very good technical fellow here who has a presentation and we can go into greater depth. What we have here could be characterized as simply a procedural issue that has to be taken care of. But it really is much more important than that. What we're asking you to do is to approve adoption of the National Electric Safety Code, not to be confused with the National Elecn'ica[ Code. The National Electrical Code is for how you wire houses and buildings. This Code relates to the appropriate safe usage in requi~nents for higher voltage lines, the large lines that you see that typically, the ones we are concerned about are not, you know, subdivisions where we bury them, but they are tile larger lines that move power from one load area to another, from one subdivision to another, those sorts of things. This Code is adopted by the State of Texas. 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 a what looks like a harmless dotted line in their back yard, which in many cases, ~ome cases I've stun is their entire back yard discover that, you know, in the middle of the night, they've got a bunch of people tramping in their yard or a truck trying to get in or what have you. When we began working with the planning folks to do a better job of enforcing this and making sure that the proper safety standards are in place, we discovered the hole, which is that we didn't have this actually adopted and, you know, the developers, of course, inunediately would point [o that and say, gccz, we don't care if we sell a lot to somebody and their whole back yard is an easement and you can't get your equipment in there when it needs to be maintained. So thaVs really the crux of what we're asking you to do is to adopt -- to approve -~ recormnend adoption of this to tile City Council so we can fill the hole, so we can do what we need to do to protect the citizens. It's not an arbitrary Code. It's not something that we can just decide we don't like somebody. There's a set of formulas that simply dictate the amount of easement that we have to have for safety and proper maintenance of the equipment. COMMISSIONER POWELL: Questions of -- Mr. Johnson. Page 38 It's adopted by 48 of the 50 states. And tile other two have adopted a stricter code~ It is adopted by the Texas Public Utilities Cotnmission and they use it to ~- in their regulation of the private electric utilities that they regulate. What we discovered as we've run into some issues is that because we're a home rural city, you -- the City itself has to adopt this Code or we're a little hole ill there. And the mason it's become an issue is our growth. Many of these lines have been in place for a very long per[od of time and a lot of them ran two fields. They have easc~ncnts that wen: quite sufficient for the National Codes at the time, and when all you have to do is move a cow out of the way to get to them should they need to be dealt with in some fashion, maintail~ed -- there's an outage, there's a safety issue. What is happening rapidly and has already happened in some places and we have some issues that we're going to have te deal with on a case by case basis is that as we develop we are getting subdivisions coming up to one side of the line and now we're getting the second one. It is absolutely imperative for the protection of tile citizens that are going to move into those subdivisions that we have the appropriate mnount of right-of-way to allow us to maintain that, to get to it in an emergency and not to have the citizens who end up with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 COMMISSIONER JOHNSON: In the backup material we have, it has a statement in here and I'd like to read it. It says tile Public Utility Cotrmfission of Texas has adopted tile NESt. All utilities operating within Texas are required to observe the requirements therein as minimum standards. The problen~ I'm having is it seems like to do a City, to do anything additional to this is just redundant. Is the problen~ that there's no euforcement mechanism without an Ordinance; is that tile issue? MS, MAYS: Yes, sir. We're a whole. Because we're a home rural city, just the fact that the State of Texas has adopted it, we have our own rights as a home rural city and that means that we, as a home rural city have to adopt it as our Code, just as we've had to adopt the National Electrical Code and a whole long list of other Codes ourselves directly even though they are adopted by the State. COMMISSIONER JOHNSON: well, I guess that makes sense, but I thought as a citizen of Texas, I was obliged to obey Texas laws as well as Denton laws. MS. MAYS: well, actually we thought so, too, until we and the staff met a couple of developers who pointed out tile loophole to us as we were attempting to enforce what are back safety standards in protecting the PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 37 - Page 40 EXHIBIT 4 CondenseltTM 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 .21 23 24 25 1 2 3 4 $ 6 7 8 9 10 iI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 liability of the City and the safety of the citizens and that's why we're here is to plug the hole. COMMISSIONER POWELL: Mi'. Roy. COMMISSIONER ROY: Are yOU aware of the practices of other home rural cities in the area? MS. MAYS: AS far as I know, thc large home ntral cities have, in fact, adopted it. As I said, ifs adopted in all -- it or something stricter in all 50 states and appliext. COMMISSIONER ROY: SO Dallas, Fort Worth and Lewisville and other cities -- MS. MAYS: well, actually Dallas and Fort Worth am not going to have that problem because Dallas and Fort Worth are served by private utilities who are regulated by the Public Utility Commission of Texas and the Public Utility Conuuission of Texas has adopted it and they would enforce it. The City -- the Public Utility of Texas is the enforcement agency in that regard in terms of assuring that the utilities that they regulate follow the appropriate safety standards. COMMISSIONER POWELL: ^ny other questions of staff here? We have no speakers on this. So I will close thc public hearing and ask if anybody would like to make a motion. COMMISSIONER ROY: I'll do it. Page 42 COMMISSIONER POWELL: okay. I was about to do it for lack of another one. But go ahead. COMMISSIONER ROY: It seems harmless enough. I guess when you start talking about taking additional right-of-way, it kind of raises a little bit of a concern. But, you know, I believe the arguments seem to be reasonable and sounds like something we should do. So you I move that we -- is it approve or -- COMMISSIONER POWELL: It says make a reconunendation to the City Council. COMMISSIONER ROY: okay. I make a -~ ! move that we make a reconuncndation to the City Council to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 adopt tho N~SC for the City of Denton. COMMISSIONER POWELL: IS there a second? COMMISSIONER HOLT: second. COMMISSIONER POWELL: we a have a second from Ms. Holt. Any other discussion on this issue, on this item? Seeing none, hearing none, we will call -- or I will call for a vote. Mr. Watkins you'n: not showing up yet. There you go. Motion passes 6-0. 13 14 15 16 17 18 ]9 20 21 22 23 24 25 PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 43 Page 44 Page 41 - Page 44 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0007 (Dry Clean Super Center) Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommends denial (5-1). SUPER MAJORITY VOTE REQUIRED FOR APPROVAL BACKGROUND Applicant: Kwik Industries Dallas, TX The applicant has submitted a request for a Specific Use Permit (SUP) proposing a drive-through for a laundry facility. In the Neighborhood Residential Mixed Use (NRMU) zoning district the laundry facility is allowed, however a specific use permit is required for all drive-through uses. The drive-through must be built as an integral part of the architectural element of the primary structure and must be located to the rear or side of the building. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received one written response in opposition to the request from property owners within 200 feet of the subject site. Currently, 3.7% of the land within 200 feet of the subject property is owned by people in opposition to the request. Though staff has received only one written response in opposition to the request, a number of residents and property owners within 500 feet of the property have contacted staff with safety, environmental, and quality of life concerns regarding the proposed SUP. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial of the request (5-1; Commissioner Powell absent). As the Planning & Zoning Commission's decision is 5-1, City Council must approve the rezoning request with a super majority vote. ESTIMATED PROJECT SCHEDULE The subject property is platted. The applicant will be required to obtain a building permit prior to development. PRIOR ACTION/REVIEW The following is a chronology of Z04-0007: April 14, 2004, Planning & Zoning Commission recommends denial (5-1; Powell absent) ora request for a Specific Use Permit for a drive-through facility. Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential Mixed Use (NRMU) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned O (c) - (Office with conditions). ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. 200' Property Owner Responses 5. Zoning Notification Sign Posted at Subject Property 6. Exhibit of Site & Landscape Plan 7. April 14, 2004, Planning & Zoning Commission Draft Meeting Minutes (Z04-0007) 8. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is zoned Neighborhood Residential Mixed Use (NRMU). The applicant must obtain approval of a Specific Use Permit (SUP) to allow a drive-through facility. An SUP is required to ensure that the drive-through use is compatible with adjacent uses and not detrimental to pedestrian circulation patterns. Existing Condition of Property The subject property is vacant and undeveloped. Adjacent Zoning North: Neighborhood Residential 3 (NR-3) zoning district South: Neighborhood Residential Mixed Use (NRMU) zoning district East: Neighborhood Residential 3 (NR-3) zoning district West: Neighborhood Residential 2 (NR-2) zoning district There are single-family residential uses to the north, east and west of the subject property. The property to the south of the subject property is vacant. Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The request for the specific use permit for a drive-through facility is compatible with the Future Land Use Plan (Existing Land Use). The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation A Traffic Impact Analysis will not be required. Access and Connectivity Access to the property will be made from Lillian Miller Parkway. The property will also have access to Wind River Lane through the adjacent parcel when that property is developed. Public Infrastructure Adequate utilities capacity exists to serve the proposed use. Development Code / Zoning Analysis Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; With adequate noise and light provisions, the operation of a drive-through should not diminish or impair property values in the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmem of the surrounding property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities are curremly provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways meet the requiremems of the City of DeNon. The design and location of the proposed drive-through does not impact pedestrian traffic. 5. That adequate nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; The applicant is not proposing any outdoor speaker system in conjunction with the drive- through. According to the applicam, no odor will be produced. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Subchapter 13 of the Developmem Code addresses the issue of directional lighting. Additionally, the applicant is not proposing any outdoor lighting that would impact adjacem residences. As a buffer requiremem, the applicam is required to construct a solid wood fence adjacem to the existing single-family residence, which should minimize light spill from car headlights. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The applicam has submitted a landscape plan for consideration with this specific use permit request (Attachmem 6). All landscaping and screening requiremems are in conformance with the Denton Development Code. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. Staff Findings 1. The proposed use is compatible with the intent of The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. 2. The establishment of a drive-through facility at this location will not have a detrimental impact on the surrounding area. Staff Recommendation Based on the above findings, staff recommends approval of the specific use permit with the following condition: 1. The applicant construct a wood fence buffer along the property line where adjacent to residential uses or zoning districts, in accordance with Subchapter 35.13.8 of the Denton Development Code ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH 500' Lim Opposition SITE TEAS LEY Scale: None Darkened properties are in opposition Public Notification Date: March 23, 2004 200' Legal Notices* sent via Certified Mail: 18 Number of responses to 200' Legal Notice: · In Opposition: 1 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition' 3.7% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 200' Property Owner Responses Property Owner & Address Support / Neutral / Comments Oppose Oppose Sharla Snider 1908 Whitefish Ct. As the homeowner of Lot 13 (parallel to the proposed drive-thru) we are opposed to this for many reasons: 1) safety; noise; impact on property values; light pollution; air pollution. Would you want a drive-thru 10 feet from your patio? ATTACHMENT 5 Zoning Notifcation Sign ~lllllll ~-~111 IiI'" ddl! i~L~II I III1|1111 III i~KII I I1,,,,,,I ~I~II I III.I.I.I 1,~1~111 I!" 'I III III hid, ~- i.4ql[.ll I IIl,l,hl''' Ill L~::II I Iil,l,hl III III III III ,I,I, ... I G-ll4l IIl.l,hl Ill BL;~ ~[ I IIl. hhl M~-~III:i:i I I 1:1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0007) WHEREAS, Kwik Industries has applied for a specific use permit for a drive-through facility within a Neighborhood Residemial Mixed Use zoning district classification and use designation on approximately 0.72 acres of land generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle, as more particularly described as Lot 1, Block A of the Wind River Estates Addition, an Addition to the City of DeNon, Texas (the "Property"); and WHEREAS, on April 14, 2004, the Planning and Zoning Commission recommended denial of a Specific Use Permit for a drive-through facility; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Developmem Code of the City of DeNon, Texas, the City Council finds that all of the following conditions exist: The drive-through facility will be compatible with and not injurious to the use and enjoymem of other property nor significamly diminish or impair property values within the immediate vicinity; and The establishmem of the drive-through facility will not impede the normal and orderly developmem and improvemem of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangemem of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacem developmems; and Adequate nuisance prevention measures have been or will be taken to prevent or comrol offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficiem landscaping and screening to ensure harmony and compatibility with adjacem property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit hereby approved on the Property to allow a drive- through facility within a Neighborhood Residemial Mixed Use (NRMU) zoning district classification and use designation, subject to the following conditions: There shall be a six-foot high wood fence constructed on the Property between the Property and res idemial uses and residemial zoning districts in accordance with Subchapter 35.13.8 of the Denton Development Code. The fence shall have steel posts with decorative caps and the smooth side of the fence shall face the residential uses and residential zoning districts,. SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the cemerline of all adjacem street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY PAGE 2 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 P&Z Minutes were not available when backup was finalized. Minutes will be delivered under separate cover. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Planning Department Jon Fortune, Assistant City Manager SUBJECT - SD04-0001 (Unicorn Lake DevelopmenO Hold a public hearing and consider adoption of an ordinance concerning the creation of a Special Sign District for the Unicorn Lake Development. The proposed 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. The Planning and Zoning Commission recommends approval with conditions (6-0). BACKGROUND Applicant: Shelton Development Denton, Texas The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds that the five criteria (Attachment 1) are met and that the proposal is "clearly superior" to what would be permitted without the plan. The initial special sign district request included 4 pylon signs along Interstate 35 East Frontage Road (I-35 E) and a wall sign that would project 15 feet above the roofline of the proposed movie theater. The staff analysis provided in this staff report (Attachment 1) is based on the original submittal. All four-pylon signs would deviate from the maximum effective area of 300 square feet. Base on the street frontage along 1-35 E, the applicant is entitled to 2 pylon signs. During the March 24, 2004 Planning and Zoning Commission hearing, the applicant requested the addition of 14 monument signs, for a total of 18 signs (4 pylon signs and 14 monument signs) (see Attachment 7 for the Revised Special Sign District request). Base on the street frontage along 1-35 E, Wind River Lane, and proposed internal streets, the applicant is entitled for a total of 22 signs. The applicant is forfeiting 4 signs. The proposed 14 monument signs would be located along Wind River Lane and the proposed internal streets of the development, and would conform to the regulations of Chapter 15 of the Development Code regarding number of signs per street frontage, spacing between signs, maximum height, and maximum effective area. The applicant is proposing all 14 monument signs to be of the same construction materials, architectural elevations, and size. Staff has received one (1) response in favor and four (4) responses in opposition to the request from property owners within 200 feet of the subject site (Attachment 3) which represents 0.48% of the land within 200 feet of the subject property is in opposition to the request. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval with the following conditions (6-0, Commissioner Joe Mulroy absent): 1. Four (4) pylon signs are permitted along the Interstate 35 East Frontage Road as depicted in Attachment 4 and limited to the conditions contained in Attachment 7 regarding number of signs, maximum height, and maximum size. The pylon signs would be of the same construction materials and architectural design as depicted in Attachment 5. 2. Fourteen (14) monuments signs are permitted and limited to the conditions contained in Attachment 7 regarding number of monument signs per street, maximum height, and maximum size. All monument signs shall be spaced 100 feet from all other detached signs along Wind River Lane, the proposed 2 collectors, and Club House Drive. The monument signs would be of the same construction materials and architectural design as depicted in Attachment 8. 3. One (1) theater wall sign projecting 15 feet above the roofline is permitted as depicted in Attachment 6. 4. Additional wall signs, directional signs, and menu board signs are permitted and regulated by Subchapter 15 of the Development Code. 5. Sign illumination shall be directed toward parking lot areas and shall be designed and maintained so as not to shine on or disturb surrounding residential property. ESTIMATED PROJECT SCHEDULE A preliminary plat for approximately 133.5 acres has been approved. theater has been approved. A final plat for a movie ATTACHMENTS 1. Staff'Analysis 2. Location Map 3. Public Notification (Property Owner Notification Map) 4. Pylon Sign Layout Plan 5. Pylon Sign Elevations 6. Theater Wall Sign Elevation 7. Applicant's Revised Sign District Request 8. Monument Sign Elevation 9. March 24, 2004 Planning and Zoning Commission Minutes 10. Ordinance Prepared by: ~)eborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds the five criteria are met and that the proposal is "clearly superior" to what would be permitted without the plan. The ordinance states: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) FFould be compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the Commission and Council shall consider, but are not limited to considering the following: 1. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. 2. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. 3. Material. The materials of the signs and how they relate to their surroundings. 4. Shape. The shape and design of the signs and how they relate to their surroundings. 5. Landscaping. The relationship of signs to landscaped features in and outside the district. 6. Traffic Safe,tv and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. 7. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. 8. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with the requirements of this for a special sign district. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 was placed the subject property in a Regional Center Commercial Downtown (RCC-D) zoning district. Adjacent zoning. North: Regional Center Residential 1 (RCR-1) (vacant land) South: Neighborhood Residential 3 (NR-3) (State School) East: Regional Center Commercial Downtown (RCC-D), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4) (Briercliff subdivision, parkland) West: Neighborhood Residential 4 (NR-4), (Wind River subdivision) The subject property encompasses a proposed 14-screen movie theater, restaurant, retail, offices and multi-family units. The proposed development has approximately 3,900 feet of street frontage along Interstate 35 East frontage road and Wind River Lane. The internal system of public streets would allow the applicant to located signs along those internal streets. Under the Chapter 15, any premise that has more than five hundred (500) feet of street frontage on a freeway, arterial or collector street may make use of one (1) additional on-premise ground sign for each additional five hundred (500) feet of frontage, or fraction. The proposed development would be entitled 9 ground signs along 35 East frontage road and Wind River Lane. The applicant is also proposing a wall sign for the movie theater that would project 15 feet beyond the building roofline. Sign District Plan Analysis The subject area of the proposed signs is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. Staff's analysis for the Special Sign District requires the review of the criteria stated in the ordinance and reiterated in the summary above and then is followed by a Staff finding: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district. Staff finding: The subject property has approximately 740 feet of street frontage along Interstate 35 East frontage road, 1,582 feet of street frontage along Wind River Lane, 5,003 linear feet along 2 proposed collector, and 922 linear feet along proposed extension of Clubhouse Drive. Signage would be allowed along both sides of the streets. Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; · A site plan and proposed sign district ordinance have been prepared by the applicant (Attachments 4 through 6). · A comparison of what is proposed to what is permitted by the sign ordinance is shown in the following table: Based on Street Frontage ~re~ Signs Max. Height Maximum Size Permitted by ~ge Permitted Permitted Re~tea Ordinance per Sign by by Ordinance Ordinance 2Signs ~ 1o ~ 40Feet an~ ~ 1o ~ g2 Sign Area= 300 sq. ft ft. each 7 Signs 6 Feet NA Monument sign = 60 ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~;~; ~ii~rs 10 Si~s N~ne 6Feet NX M°nument sign = 60 sq. a. each 3 Signs 6 Feet N Monument sign = 60 sq. ft. each ~mitt~d h~igh~ (b) ~ffeCtiv~ l~ea permitted ~) Staff Finding: The applicant's proposal includes no signage along Wind River Lane and the other 3 proposed streets. The proposal doubles the number of signs along the Interstate 35 E frontage road and the individual signs are larger than permitted by Code. Section 35.15.15.3.B (Projecting signs) of the Development Code states that any projecting signs shall not extend upward to a height greater than the highest part of the roof or any exterior wall, whichever is higher. The proposed theater wall sign along Wind River Lane projects 15 feet above the building roofline. The proposed wall sign is used as an architectural element to enhance the building street frontage and to be in compliance with the site design standards prescribed by Chapter 13 of the Development Code. 3. Would be compatible with surrounding properties. Staff Finding: Within the surrounding area, there are not many developments and there is not a large variety of building and sign styles and materials to be compatible to. The applicant is proposing using the owner's own criteria for sign content and a consistent use of materials for the four (4) proposed pylon signs. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Staff Finding: The subject site is a 133.5-acre tract of land where an undetermined area of mixed use is proposed at this time. The proposed development provides a mixture of retail or office and an apartment complex. One development, Cinemark movie theater, is in the final platting stage. The areas around the property are undeveloped and have no signs at this time. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary_ to its surroundings. Staff Finding: The proposed pylon signs may or may not compliment the proposed buildings of the subject development. The design of the signage has a consistent shape, but no specific color or materials has been determined to compare with the building architecture of the future development. At this time no building architecture has been determined for the future development. The proposed wall sign would compliment the proposed movie theater building. 6. Material. The materials of the signs and how they relate to their surroundings. Staff Finding: Signs are not specified in the application to be made of the same materials. The size of each individual tenant sign will be according to the size of the monument space allowed. 7. Shape. The shape and design of the signs and how they relate to their surroundings. Staff Finding: Signs proposed would be of standard geometric shapes that are comparable to other signs throughout Denton. Landscaping. The relationship of signs to landscaped features in and outside the district. Staff Finding: Signs are not specified in the application to be located in landscaped beds. 7 Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. Staff Finding: Sign locations are not specified in the application, however, the locations of all the proposed monuments signs are stated to conform to the setbacks set forth for signs in the Development Code. 10. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Staff Finding: All signage to contain external lighting, however, no language related to prevention of light pollution or lighting standards has been added to the signage plan. However, the sign code only regulates lighting if signs are located within 500 feet of a single-family use or district. The surrounding zoning in the area of the proposed signs does not allow single-family development. 11. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. Staff Finding: The applicant has not indicated whether they will integrate the architecture features of the proposed buildings into the design of the monument signs. 12. Is not being used merely to avoid or gain a variance of the sign regulations; Staff Finding: Seven (7) sign variances would be necessary for the approval of the signs as proposed by the applicant. 13. Does not violate the spirit or intent of the sign regulations; and The spirit and intent of the sign regulations is to regulate signs according to type, number, size, setback, classification and height. The "spirit" of the ordinance, as noted on the ordinance at the time of adoption stated "WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business emerprises; and foster conditions that lessen the enjoymem and desirability of the City of DeNon as a place in which to visit, live and work." Staff Finding: The proposed special sign district will regulate signs according to number, size, and height. 14. Complies with the requirements of the ordinance for a special sign district. Staff Finding: All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. STAFF RECOMMENDATION: The applicam's proposal would have no impact along Wind River Lane and proposed internal streets, would provide a uniform scale for future signage throughout the 133.5 acre developmem, the total of number of signs would be less than allowed, and would allow the wall sign to project 15 feet above the theater building roofline. Therefore, staff recommends approval with the following condition: a. All signs must be of the same material and color. ATTACHMENT 2 Maps NORTH Location Map WIND RIVER LN SITE Scale: None ]0 ATTACHMENT 3 Public Notification NORTH Notification Map 500 Ft. SITE Public Notification Date: March 14, 2004 200' Legal Notices* sent via Certified Mail: 62 500' Courtesy Notices* sent via 1st Class Mail: 170 Number of responses to 200' Legal Notice · In Opposition: 4 · In Favor: 1 · Neutral: 0 Percent of land within 200' in opposition: 0.48% Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Property Owner Name and Address In Comments favoflneutral/ opposed* Josten, Inc., Favor No comments 3500 1-35 E Amy Detwiler, Opposed Denton still has the small, 3209 Como Lake Rd. safe, family, clean, private, non-commercialized appeal. I purchased my home along the tree line for the very desirable nature, peace, privacy, and security that the community offers at this time. In my strong opinion, commercialization of this area will increase crime, filth, traffic, noise, retail- mania and several undesirable "Big City" traits and problems. Lynette Boyd, Opposed Our neighborhood is crowed 2809 Crater Lake Ln. and to bring in business would add to crime and people running the stop signs even more, we like the way it is. Lari R Gibbons & David W. Radabaugh, Opposed A sign district visible from a 2821 Hereford Rd. residential neighborhood would lower property values and resale values in that neighborhood and contribute to light pollution, negatively affecting the quality of life. Dino Stello, Opposed We do not need more 2809 Loon Lake Rd. commercial signs degrading our neighborhood. I don't think I need to go on about other hot topics about this parcel of land and it's future USe. 12 ATTACHMEN 4 Sign Layout Plan ATTACHMENT 5 Sign Elevations Z Sign A Elevation 15 Sign B Elevation 16 Sign C Elevation 17 Sign D Elevation 18 ATTACHMENT 6 r~ ?2 ]9 ATTACHMENT 7 ATTACHMENT 8 2] ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXASi CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SiGN DISTRICT PLA/q ON AN APPROXIMATE 133.5 ACRES OF LAND LOCATED AT TIlE NORTHWEST [~qD SOUTHWEST CORNERS OF INTERSTATE 35 EAST FRONTAGE ROAD AN~ WIND RIVER LANE LEGALLY DESCRIBED AS TRACT 15 OF THE M.E.P. & P.R.R. SURVEY ABSTRACT NUMBER 950 IN -- THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0001) WHEREAS, Shelton Development, has apphed fo~ adoption ora Special Sign District on real property containing approximately 133.5 acres of land in ~egional Center Commercial Downtown (RCC-D) zoning district, such real property and legally d~scribed as Tract 15 of the M.E.P. & P.R.R Survey (hereinafter defined as the "Property"); and WHEREAS, on March 24, 2004, the Planning and Zoning Commission, after a public hearing, recommended approval with conditions of the SPecial Sign District; and WHEREAS, the City Council f'mds that the Spec!al Sign District is in compliance with the Subchapter 15 of the Development Code of the Code of [9rdinances of the City of Denton, and is consistent with the Denton Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Special Sign District is hereby.' approved on the Property subject to the following conditions: a. Four (4) ground signs are permitted along the Interstate 35 East Frontage Road in the locations shown on Exhibit A, attached hereto andimade a part hereof by reference, and must be constructed as shown on Exhibits B & C, att,ached hereto and made a part he. reof by reference. ~ b. A total of fourteen (14) monuments signs are per~aitted in this Special Sign District. Such signs are subject to the conditions set forth in Exhibit B, attached hereto and made a part hereof by reference, regarding maximum number of monument signs per street, maximum height, and maximum size. All monument signs shall be spaced a minimum of 100 feet fi:om ali other monument signs in this Special Sign District. All monument signs shall be similar in construction materials and architectural design ~o the sign depicted in Exhibit D, attached hereto and made a part hereof by reference, i c. In addition to ali other wall signs permitted by Sub~hapter 15 of the Development Code, one (1) theater wall sign projecting 15 feet above the rc~ofline is permitted as depicted in Exhibit E, attached hereto and made a part hereof by r~ference. This projecting sign may be illuminated, provided that the illuminated element of the sign are directed toward the on-site 01229§.00010:836731.02 parking lot such that the sign does not directly s~ne on surrounding residential property. Such additional wall signs shall comply with the r~gulations set forth in Subchapter 1.5 of the Development Code. d. Alt other signs ora type not expressly provided for in this Special Sign District are permitted, provided that such signs comply with all of the applicable regulations set forth in Subchapter 15 of the Development Code. Notwithstanding ~anything herein to the contrary, the only permanent ground signs permitted in this Spe~al Sign District, with the exception of directional signs and menu boards, are those pro~eided for in Sections 2(a) and (b) of this ordinance. e. The boundaries of this Special Sign District are ~picted on Exhibit F, attached hereto and made a part hereof by reference (the "Property").. SECTION 3. This ordinance shall supercede all requirements of the Sign Ordinance affecting the Property that are in conflict with or addresse~l by the Special Sign District Plan and the Special Sign District Regulations established by this ordinance. Ali other provisions of the Sign Ordinance shall remain in full force and effect against th~ Property. SECTION 4. Anyperson violating any provision 6fthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to c~use the caption of this ordinance to be published twice in the Denton Record Chronicle, the o~fficial newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the i day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERB~~ ATTORNEY Page 2 EUEINE BROCK, MAYOR 012295.00010836731.02 Exhibit A 0 UJ WT' Exhibit B Z Exhibit C I~1~ zlE1 ILl iii Ll.I Exhibit D Exhibi~t F i I, I,II I,~1 ,! Iii AGENDA INFORMATION SHEET AGENDA DATE: April 20, 2004 DEPARTMENT: CM: Economic Development Mike Conduff~/ff/~ SUBJECT Consider approval of a resolution by the City Council of the City of Denton, Texas, supporting the submission of an affordable housing tax credit application by the City of Denton Housing Authority to the Texas Department of Housing and Community Affairs for the redevelopment of the Phoenix Apartments site located at 308 S. Ruddell Street; authorizing the Mayor to write a letter of support for the development and allocation of tax credits; and providing for an effective date. BACKGROUND The City of Denton Housing Authority recently submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for a tax credit allocation to redevelop the Phoenix Apartments site. DHA has entered into a limited partnership with Carleton Residential Properties to complete the project. The proposal would entail demolition of the existing Phoenix Apartments and construction of Renaissance Courts, a new mixed-income housing development. Renaissance Courts would be a family community comprised of 150 units of which 48% would house tenants with income less than 60% of the area median income (AMI), 20% will house tenants with income less than 50% of AMI, 2.6% will house tenants with less than 40% of AMI and 9.4% will house tenants with income less than 30% of AMI. ESTIMATED PROJECT SCHEDULE If tax credits are awarded, the development could be ready for occupancy by December 31, 2005. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Board of Commissioners of the City of Denton Housing Authority has voted to submit the tax credit application to TDHCA and to submit a request for demolition funding to the City of Denton's Community Development Advisory Committee. The Community Development Advisory Committee reviewed the request for funding to demolish the Phoenix Apartments. CDAC is recommending partial funding of $100,000 for the demolition phase of the project. FISCAL INFORMATION The demolition of the Phoenix Apartments and construction of Renaissance Courts will be financed by the Renaissance Courts Limited Partnership. Potential funding sources include Low Income Housing Tax Credits to be allocated by the State of Texas and CDBG funds if approved by the City Council. EXmBITS 1. Resolution 2. Letter from Ruby Allen-Mister, former DHA Chief Executive Officer 3. Letter from Collette Franklin, DHA Grants Manager 4. Site Map Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator S:\Our Documents\Resolutions\04\Housing Tax Credit Resolution. DOC RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE SUBMISSION OF AN AFFORDABLE HOUSING TAX CREDIT APPLICATION BY THE CITY OF DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE REDEVELOPMENT OF THE PHOENIX APARTMENTS SITE LOCATED AT 308 SOUTH RUDDELL STREET; AUTHORIZING THE MAYOR TO WRITE A LETTER OF SUPPORT FOR THE DEVELOPMENT AND ALLOCATION OF TAX CREDITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Demon, Texas, is concerned with the developmem of viable urban communities, including decem housing and a suitable living environmem; and WHEREAS, the City of Demon, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the Demon Housing Authority warns to make application to the Texas Departmem of Housing and Community Affairs for tax credits for a proposed developmem named Renaissance Courts to help house low and moderate income citizens of Demon; and WHEREAS, the City of Demon is aware that the city has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the Demon Housing Authority by Rule §50.5(a)(7)(A)(B) of the Texas Administrative Code, Title 10, Part 1, Chapter 50 must get prior approval and support of the governing authority to make such application when the city has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the City Council of the City of Demon supports the proposed Renaissance Courts Development by the Denton Housing Authority; and WHEREAS, the City Council finds that it is in the public imerest to support the application of the Demon Housing Authority; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Demon hereby approves the application of the Denton Housing Authority to allocate housing tax credits to the Renaissance Courts development. SECTION 2. That the Mayor is authorized to provide a letter of support to be included in the application of the Demon Housing Authority in compliance with Texas Administrative Code, Title 10, Part 1, Chapter 50, Rule § 50.5(a)(7)(B). S:\Our Documents\Resolutions\04\Housing Tax Credit Resolution. DOC SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Dent~n Housi~g.A~tho~ February 1t, 2004 Mayor Euine Brock Ctty of Denton 215 E, McKinney Street Denton, 'Texas 76201 RE: Tax Cred~ Application for the Revitalizalion of Phoenx Apartments Dear M~yor Bro~k: This letter is a f~llc~ up to the notice sent )n December. The only change to the project is the unit mix being provided. The Renaissance Courts Limited Partnership is making ~r~ app!~caUon for tax credits w~th the -fexas De~rtment of Housing and Community Affairs for Renaissance Courls. '308 S. Ruddetl Street, Denton, Texas 76205 in Denton County. This new development is a propc~d family c~mmunity comprised of 150 u~its of which 48% wHI targe~ tenants with incomes less than 60% ~f the area's median ~ncom~ (AMI), 20% wi{l targe~ tenants with incomes less than 5(3% AMI, 26% will target tenants with incomes less than 40% AMI, and 9.4% will ~rg! ~ tenants with incomes less than 30% AM!. 50% c~ medie~ 23~300 26~600 ~950 l 33:250 The number of un~s and proposed rents (~ss utH~y allowances) for the subject propeffy's tax credit un;ts are: 15 .. ~ Bedroom 22 .- t Bedroom t I - 1 1 - 1 Bedroom 4 - 1 Sed~oom 1 t - 2 Bedroom 39 - 2 Becit~om '1 - 2 Bedroom ~ I ~ 3 ~ed~m 4 - 3 Bedim U~its ~o~ $543.~0 (Market Ratet Ur~i~ for $~93.00 (80% AMI) Units for ~.00 (50% AMI) U~i~ ~r $3~9~0 (40% AMi) Unrra ~r $23~,00 (30% AMI) Un[~ for $~.~0 U~i~ ~r $5~00 Un}~ for $47800 (50~ AMi} Un[~ for $374~30 (40~ AM~) Um~ ~r ~.OO (~arket ~ate) Un[~ ~r $~9.30 Un~ for $~8.00 un~ ~r ~7.30 Um~ far $3~:30 (30% AM}) 9'40~ 83..1 ~ Page 'lwo Februa~ 11~ ,2004 if awarded cr~its, this development would ~ ready for occupancy by December 31, 2005~ For information or~ this ~[ice, please contact Cclette Franklin, Gren~s Manage~, 1225 Wilson Street, Denton, Texas 76205 (940) 383~3039, For informat:on, see www, tdhca,$tate.~us, 8ir~erely, Col~Ee Franklin Grants Manager Denton Housing Authority December 21, 200t City of Denton CommuMty Devdopmem ~rbara 11~, D rcx:~or D1 S, Lccu~ St~, Sui~ Denton, Texat 76201 lax CredLtt Application for the Revita~atton o[ PhmmxApa~ments 7)¢~r Mrs, R~; The Denton Housing ^uthofity {DHA) and &velopmen~ partners are currently asaemb~ a Tm~ Credit Apl~dCation for t~ &we'.opment and construction of tee hnd fomcrly homing thc Phm~ The naraber oI unit~ a~d prol~,~ rents (le~ utfity ~owances) by Area Med~n Income (AMI) are: The original 203 units ¥~rJ~ ~ totally demoB~hed wkh the use of ~nt do~rs Mentff~ thrcu¢ ava~abk ~:n~ng ~arcc~ ~ssiHy ~mmumW t~lop;nent ~t~k C;~nt ku~ ((.13~(3). ~n its pl~e, DI4A pr.,~e~ to build a new mixea income, ~ed u~ comm~mty. We w~ wofl~ with city the su~un~ng ne~ghborho~ ~us~iations, and ~r c~ns,~tamcy groa~ to d~elop a plan that weets the o~mtives of the cit>es master planniag effo~ ~r plan is &sigaed to mint the aei~borh~'s goal ~ncome [am~) fha: wd [~d th~s she aa arrrac~ve, ~fe, and active place to ~ve; Ou ~haff o~ thc Dt~ A~tmtion, ~aM of .Z~m~i~m-,~, &vd~p~nt pmxncr~ and mo~t o[ all re,dents cuxently h~ng: at the ~relopmcnt, i ;nn ve~' exckcd a~ut compkr~g t~s new devdopmnt proj~t over the aex~ 24 mont:h~ It: ~s long Con~m:tioa oh the ?h~n~x De:~elopmca¢ ca S~taMaydanua~ 3~ 2004. The m~fing is sche~ to ~ heId at the Ma:ttin Lather Fang Jr~ (MLK) (tanrer from t:30 p~m. m 3:~ pm. Resde~s [:om the residents [ivi~ wit~ the commu~ m the Ci~ of ~nron am hvi~d,, [225 Wibon S~. * ~n~n, ~aas 762(5. 940/3~3 3~39 · Fax g4~'3~3-2~35 E-mail: sg~}&mon~usi~gau~oritg cam Pag~ 2 'Ia~ Cred~, Appt~Jon ¢orXd ) The Sisc~ssio~ will be centered around receiving input f~c~ resi~ot~ ~ at the ~ ~d ~e ~ of DHA is t,o c~ a ~mpus ~n~ ~tiv~ c~ ~ ~p]~nt~ at t~ new s~e ~o asM~t D~ and ~muMty fa~ ~me finality ~e~nt and ulti~.y 'four support is very valuable to as. Attached you ~ find a sample letter that x¢~ ~ submitted to the lexus Department: o~ Ho'J~ ar~ Community Affa~ (TDHCA) on behalf c{ the DHA to asslsg Dr~ding lctterhea~ ar~ [orwaM it back to us by December 3t, 20.33. you £o~ ymtr sappo~ a~ ~e continue. -.o improve ser~,<eg to the resigeaat~ of the City Mamger ar (940) 383-3C39, Ym~:r coa~ued suplx~t o~ the Phoenia Acartments revitalhzar~oo effort i* ~remty appreoar¢~ HIRAM $~SCO SURVEY ABSTRACT NO. 11~, DENTON COUNt, TEXAS J Che,ck)d by: AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Engineering Jon Fortune, AssistaN City Manager SUBJECT Consider adoption of an ordinance amending the DeNon City Code by adding Article VII, eNitled "storm water and detention facility improvements"; regulating the construction of storm water drain lines, channels and deteNion facilities; providing for pro rata and oversizing charges; providing a method of reimbursement to the developer by pro rata and oversizing payments; providing a method of enforcing payment of pro rata and oversizing charges; renumbering Article VII to Article VIII uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsisteN or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. BACKGROUND During processing of the plats for the proposed Cinemark developmeN at Unicorn Lake, Hughes & Luce, LLP (represeNing Mr. Bob Shelton) raised a concern about the City's requiremeN to provide drainage structures large enough to accouN for future upstream developmeN. (Section 35.19.4(A)(5) of the DevelopmeN Code) The subject section of the ordinance requires construction of drainage improvemeNs through the property large enough to carry a 100-year storm based on developed upstream conditions. The City curreNly has no mechanism to reimburse a developer for additional costs associated with either upsizing drainage structures to provide for future upstream developmeN or downstream drainage improvemeNs across an adjaceN property. The Texas Water Code requires a developer to pick up existing drainage runoff from upstream properties and carry it through the development site. In addition, the drainage must be discharged in such a manner that will not damage the downstream property owner. The proposed ordinance covers two specific developmeN situations and provides a mechanism for a developer to recover the costs associated with drainage improvements that exceed what is needed for their specific development in most instances. 1) Offsite, downstream extensions: In the even a developer extends offsite, downstream drainage facilities, provides sufficient capacity for the downstream owners to tie into the system and enters into a pro rata agreement with the City, The City will collect the pro rata fees from the downstream developer prior to allowing a tie onto the system and will reimburse the original developer the appropriate pro rata fee. 2) Oversizing to accommodate future offsite development: In the event a developer extends drainage facilities, provides sufficieN capacity in the system to provide for future developmeN of undeveloped properties and eNers iNo an oversizing agreemeN with the City, the City will collect oversizing fees from the undeveloped properties within the basin when they develop prior to issuing a building permit. The City will in mm reimburse the original developer for the additional capacity in the system used by that specific developmeN. Page 1 The ordinance also allows the City to recover the cost of drainage facilities when the City installs drainage facilities that serve the property in advance of development by collecting pro rata fees from developers when they develop their property and increase drainage runoff. OPTIONS 1. Approve Ordinance 2. Approve Ordinance with conditions 3. Deny Ordinance 4. Continue item for additional discussion RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW Although there was some discussion concerning such an ordinance at the March 24th P&Z meeting in conjunction with the Cinemark drainage variance, there has been no official action or review. FISCAL INFORMATION The proposed ordinance will allow the City to at least partially recover the costs of drainage facilities installed through the operating budget or capital improvements program by charging a pro rata or oversizing fee to a developer when properties within the basin in which the improvement was installed are developed or redeveloped and generate more drainage runoff. Properties within the basin that are already developed would be exempt. The ordinance also provides for the City to collect these fees from developers to help offset the additional cost of drainage facilities installed by a previous developer and reimburse the original developer in the event drainage facilities are constructed that exceed the need of the developer that installed them. Because there are so many variables involved, pro rata and oversizing fees when applied in drainage situations will need to be individually calculated for each affected property based on the increased runoff created generated by the development and comparing it to the original cost of extending and/or oversizing the subject drainage facility. In addition, the required fees will be based on costs of the minimum City required drainage system so that in the event a developer decides to provide a system that exceeds minimum requirements for personal purposes, the offsite owners are not obligated to pay for more than the development code requires without due process. There may be times when because of site specific topography, site development conditions and/or minimum material and maintenance related standards that there will be no difference in the cost of providing for undeveloped versus developed drainage in which case oversizing fees would not be applicable. The proposed ordinance will be administered by existing Engineering Department personnel. ATTACHMENTS 1. Ordinance Page 2 Prepared By: David Salmon, City Engineer Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 3 ORDINANCE NO. AN ORDINANCE AMENDING THE DENTON CITY CODE BY ADDING ARTICLE VII, ENTITLED "STORM WATER AND DETENTION FACILITY IMPROVEMENTS"; REGULATING THE CONSTRUCTION OF STORM WATER DRAIN LINES, CHANNELS AND DETENTION FACILITIES; PROVIDING FOR PRO RATA AND OVERSIZING CHARGES; PROVIDING A METHOD OF REIMBURSEMENT TO THE DEVELOPER BY PRO RATA AND OVERSIZING PAYMENTS; PROVIDING A METHOD OF ENFORCING PAYMENT OF PRO RATA AND OVERSIZING CHARGES; RENUMBERING ARTICLE VII TO ARTCILE VIII UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC SERVICE IN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the laws of the State of Texas, every owner of any tract, lot, or plot of land situated within the corporate limits of the City of Denton, Texas (the "City"), or within its jurisdiction, may request the construction of storm water drain lines, channels and/or detention facilities; and WHEREAS, when storm water drain lines, channels and/or detention facilities are constructed, the developer, consumer and/or property owner shall be required to pay pro rata charges for, or participate in, the costs of such improvements; and WHEREAS, the Texas Legislature has specifically exempted drainage pro rata fees from the definition of "impact fee," as referenced in Section 395.001 (4) of the Texas Local Government Code, as amended; and WHEREAS, the City Council of the City of Denton, therefore, is empowered by law to promulgate and establish pro rata charges and participation policies within the City or within its jurisdiction; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. The Demon City Code is hereby amended by adding thereto a new Article VII, which shall read as follows: S:\Our Documcnts\Ordinanccs\04\Stortmvatcr Pro Rata.doc Article VII. STORM WATER, AND DETENTION FACILITY IMPROVEMENTS Sec. 26-235. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: Capacity shall mean the quantity of storm water that can be distributed, or conveyed, through storm water drain lines, channels or detention facilities. City shall mean the City of Demon, Texas. Frontage shall mean the side of the lot on which the storm drain or channel is adjacent to. Off-site improvements' shall mean storm water drain lines, channels and/or detention facilities constructed totally outside of a developed property. On-site improvements' shall mean storm water drain lines, channels and/or detention facilities constructed totally within a developed property. Pro rata shall mean a monetary fee charged to a property owner or developer to pay for the installation, extension or any related construction cost of storm water drain lines, channels and/or detention facilities as provided for in this article. Pro Rata Agreement shall mean an agreement between the City and a property owner and/or a developer, approved by the City Council, establishing reimbursement procedures for the cost of storm water drain lines, channels and/or detention facilities constructed by said developer. Property owners shall mean the record titleholder of premises served with or to be served with storm water, and/or detention facilities. This may not always be the case. Sec. 26-236. Pro Rata charges. (a) Service charge. On and after the passage of this article, the City may impose a service charge due on all property for which storm water drain lines, channels and/or detention facilities are constructed, completed and accepted by the City. This charge shall be called the "pro rata" charge for storm water S:\Our Documcnts\Ordinanccs\04\Stortmvatcr Pro Rata.doc 2 drain lines, channels and/or detention facilities. The pro rata charge shall represent the calculated cost of providing storm water and detention facilities to the property on which the pro rata charge is paid. No charge or assessment referenced in this article is or shall be deemed an impact fee, as defined in Chapter 395 of the Texas Local Government Code, as amended. (b) Pro rata charge calculation. The City may extend or construct storm water drain lines, channels and detention facilities, in the streets and alleys, or easements, within the city limits of the City in order to permit connections by those desiring storm water and detention facilities services. Upon approval of a pro rata or cost-share oversizing agreement by the City Council, a pro rata charge shall be made against each lot or tract of land, and the owner thereof, whose storm water is conveyed through or to a storm water drain line, channel or detention facility. The pro rata charge shall be based on the calculated cost of the storm water drain lines, channels and/or detention facilities as constructed, for the area served, and be approved by the City Council of the City. Such determination shall include an exhibit listing the affected properties and the amounts of the pro rata charges, which will be due from each property, and shall also, include a location map of the improvements. The property exhibit and location map documents shall be a part of the pro rata agreement for all purposes when approved by City Council. (c) Payment of other fees. In addition to the pro rata charge on storm water drain lines, channels and detention facilities, the property owner shall pay all other charges related to the connection and/or service, including but not limited to, impact and permit fees, if any, as established by the City. Sec. 26-237. Extension of storm water to individual property owners. (a) Requests' for extensions. Where extensions of storm water drain lines or channels are requested by an individual property owner to serve a given lot or tract of land, and upon approval of the City, the property owner requesting extension of storm water drain lines or channels to his property may have the storm water drain lines or channels extended by a contractor. In this case, the City will consider and herein refer to the property owner as "the developer." (b) Adequate size determinations and appeals'. The City shall determine the adequate size of any storm water drain line or channel and its decision will be may be appealed to the Planning and Zoning Commission for a recommendation to the City Council who shall make the final determination. The developer shall extend the storm water drain line or channel including manholes, service stub-outs and appurtenances, the distance along the frontage of all intervening properties and along his frontage necessary to provide for the future extension of the main or line. Detailed construction plans for the improvements shall be drawn by a professional engineer and approved by the City prior to any construction. The improvements shall be subject to all City requirements for the S:\Our Documcnts\Ordinanccs\04\Stortmvatcr Pro Rata.doc 3 construction of storm water drain lines or channels including but not limited to, permits, inspections, and associated fees. The construction shall be inspected and approved by the City prior to final acceptance. (c) Costa' borne by owner. The total costs of extending the storm water drain lines or channels to and across the owner's property shall be borne solely by the owner. Reimbursements for any storm water drain lines or channels are subject to the following requirements: 1. Prior to final acceptance of the improvements, the developer may submit to the City a written request for the establishment of pro rata charges on the improvements. The request shall include documentation of the costs associated with the construction of the storm water drain lines or channels including a copy of the actual construction contract with unit prices. The request may result in a pro rata agreement between the developer and the City, after negotiation, subject to provisions of subsection 2, below, if approved in accordance with this article. 2. The City Engineer, or his designated representative, shall verify the developer's calculations for reimbursement. In the event of a discrepancy, the City Engineer, or his designated representative, shall establish the calculated cost for the pro rata charge. The calculations may be appealed to the Planning & Zoning Commission for recommendation to the City Council who shall make the final determination. 3. Upon approval of a pro rata agreement by the City Council, the City will reimburse to the developer pro rata charges received from property owners, or other developers who desire to connect to the storm water drain lines or channels, with the total reimbursement not to exceed the amount of the developer's cost of off-site improvements. The City may recover a reasonable administrative fee to recover its costs in administering the pro rata agreement. 4. The owners of all intervening property served by any storm water drain line or channel described herein shall be required to pay the pro rata charges provided for herein prior to the release of any construction permit for the property. 5. The maximum period of time for the pro rata reimbursement to the developer for the off-site storm water drain lines shall not exceed twenty (20) years. Sec. 26-238. Extension of storm water drains lines to developments and within developments. S:\Our Documcnts\Ordinanccs\04\Stortmvatcr Pro Rata.doc 4 (a) Extension to residential or commercial developments'. Where extensions of storm water drain lines or channels are required to serve property which has been subdivided or platted for development and resale, the costs of approach mains or channels fronting on property not owned by the developer but required and necessary to connect property to be developed shall be borne solely by the developer. The City shall determine the adequate size of any new storm water drain lines or channels, and its decision will be final. Reimbursements for the construction of any storm water drain lines or channels are subject to the following requirements: 1. Prior to final acceptance of the improvements, the developer may submit to the City a written request for the establishment of pro rata charges on the improvements. The request shall include documentation of the costs associated with the construction of the detention facilities, storm water drain lines, or channels including a copy of the actual construction contract with unit prices. The request may result in a pro rata agreement between the developer and the City, after negotiation, subject to provisions of subsection 2, below, if approved in accordance with this article. 2. The City Engineer, or his designated representative, shall verify the developer's calculations for reimbursement. In the event of a discrepancy, the City Engineer, or his designated representative, shall establish the calculated cost for the pro rata charge. The calculations may be appealed to the Planning & Zoning Commission for recommendation to the City Council who shall make the final determination. 3. Upon approval of a pro rata agreement by the City Council, the City will reimburse to the developer pro rata charges received from applicants who desire to connect to the storm water drain lines, or channels with the total reimbursement not to exceed the amount of the developer's cost of off-site improvements. 4. The developers of all intervening property served by any storm water drain line or channel described herein shall be required to pay the pro rata charges provided for herein prior to the pre-construction meeting for their development project. The City may recover a reasonable administrative fee to recover its costs in administering the pro rata agreement. 5. The maximum period of time for the pro rata reimbursement to the developer for the off-site storm water drain lines or channels shall not exceed twenty (20) years. (b) Oversized storm water and detention facilities within or downstream of residential or commercial developments'. Developers shall bear the entire costs of S:\Our Documcnts\Ordinanccs\04\Storm~vatcr Pro Rata.doc 5 detention pond, storm drain line and channel extensions required within or downstream of their developments, except that on any facility larger than what is required to carry storm water from other properties within the same drainage basin based on existing conditions, the City may elect to participate in the cost and refund the difference between the cost of the oversized drainage facility and the drainage facility required to carry storm water from other properties within the same drainage basin based on existing conditions. The City shall determine the adequate size of such storm water and detention facilities, and its decision will be final. The City shall only reimburse the developer for the oversizing by exacting fees from other properties within the same drainage basis whenever they develop or redevelop. Pro Rata shall be calculated on the basis of the actual developed or redeveloped mn-off. The maximum period of time for the pro rata reimbursement to the developer for the oversizing shall not exceed twenty (20) years. (c) Detention facilities within residential developments'. 1. In the event a detention facility with capacity that exceeds the area necessary to serve a development is required, the developer may submit a written request for the establishment of a pro rata charge for the detention facility. The pro rata charge for detention facilities shall be calculated on a cost-per-acre, per tract basis for properties within the approved service area. The costs eligible for the reimbursement of constructing a detention facility may include the detention facility, and other appurtenances. The request may result in a pro rata agreement between the developer and the City, after negotiation, subject to provisions of subsection 2, below, if approved in accordance with this article. 2. The City Engineer, or his designated representative, shall verify the area served by the detention facility, as well as the developer's calculations for reimbursement. In the event of a discrepancy, the City Engineer, or his designated representative, shall establish the service area and calculated cost-per-acre, per tract for the pro rata charge. The calculations may be appealed to the Planning & Zoning Commission for recommendation to the City Council who shall make the final determination. The City may recover a reasonable administrative fee to recover its costs in administering the pro rata agreement. Sec. 26-239. Storm water connection charges. (a) Payment of storm water connection charge and oversize reimbursement. Each property owner or developer shall furnish materials and shall install all storm water laterals from the storm drain line or channel to the right-of-way or easement line at his own expense to meet the standard details and specifications and the approval of the City. The property owner and/or developer shall pay the storm water connection charge at the time of platting, building permit or connection, whichever occurs first. The property owner, developer, and/or individual shall pay all permit fees, including but not limited to impact, review and inspection fees, if applicable, prior to the release of a construction permit by the City. The City will only reimburse the developer for the oversizing by exacting fees from other properties within the same drainage basin whenever they develop or redevelop within 20-years. S:\Our Documcnts\Ordinanccs\04\Storm~vatcr Pro Rata.doc 6 (b) No funds' available. In no event will the City be required to make extensions or participate in the cost of improvements under the provisions of this article if there are no funds available or if, at the discretion of the City, the extension or improvements are not practical. (c) Basis for establishing pro rata or oversizing reimbursements'. Pro rata and oversizing reimbursements will be determined based on cost of drainage facilities designed in accordance with the minimum standards of Subchapter 19 of the Denton Development Code and The Drainage Design Criteria Manual. In the event the developer wishes to install drainage facilities, which exceed the minimum design standards, the difference between the costs of meeting the minimum standard and the proposed standard shall be borne by the developer unless the City specifically requested the higher standard. (d) Method of enforcing payment. Nothing herein shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata or improvement costs against the property owners, developers, and/or consumers and this procedure shall not be deemed in any manner to be a waiver of the City's right to validly assess the affected property owners, developers, and/or consumers for cost of the construction of storm water drain lines, channels and detention facilities to fix and enforce liens against said property, all of which may be done as provided by ordinance in the manner prescribed by law. SECTION 3. The Denton City Code is hereby amended by renumbering Article VII to Article VIII Uniform Regulations to Govern the Use and Occupancy of Public Rights-of-Way by Providers of Electric Service in the City. SECTION 4. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. SECTION 5. All ordinances or parts or ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. SECTION 6. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or S:\Our Documcnts\Ordinanccs\04\Stortmvatcr Pro Rata.doc 7 invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Denton, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. SECTION 7. This Ordinance shall take effect and be in full force from and after its passage and adoption. PASSED AND APPROVED this the __ day of ., 2004. ATTESTED: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documcnts\Ordinanccs\04\Storm~vatcr Pro Rata.doc 8 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT: V04-0001 Consider approval of an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071 acre parcel is located on the north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre is proposed. The Planning and Zoning Commission recommends denial of the variance (4-2) (Johnson & Watkins opposed) BACKGROUND Melissa Lindlow with Hughes & Luce, LLP (represeming Mr. Bob Shelton) has applied for an exaction variance of Section 35.19.4(A)(5) (concerning drainage standards) of the Code of Ordinances regarding relief from the costs associated with installing drainage improvements large enough to take into account development of upstream properties. The subject section of the ordinance requires construction of drainage improvements through the property large enough to carry a 100-year storm based on developed upstream conditions. The applicants propose to construct drainage improvements large enough for a 100-year storm, however only for the existing undeveloped upstream conditions. The applicam has based the reason for the variance request on the cost for the subject improvements in proportion to the size and type of development contemplated by the client. A copy of the applicant's letter is attached. It should be noted that the subject property is adjacem to Unicorn Lake, a regional detemion pond. The City of DeNon participated financially in the pond and upsizing the storm drainage under Wind River Lane due to the fact that the lake provides detention for properties other than the Unicorn Lake Development. The City Council may approve an exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmemal exactions shall be approved by the City Council. The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvemems required by city regulations are reasonable and consistem for the type of developmem proposed and are proportional to the demand for services created by the developmem. The cost of upsizing the proposed drainage system through the Cinemark site to carry a fully developed storm is covered in the 380 agreemem for Unicorn Lake Developmem approved by the City Page 1 Council on March 23rd, 2004. However the applicants would rather have the City exact the cost of the upsized drainage through the Cinemark site from the upstream property owner when the upstream owners develop their property and in turn reimburse the developers of the Cinemark site. The City curremly has no ordinance authority to do this. Staff has prepared such an ordinance and it is being considered as part of the April 20~h agenda. In the mean time, graining the subject variance does not accomplish what the applicams wish. OPTIONS 1. Approve variance 2. Approve variance with conditions 3. Deny variance RECOMMENDATION Staff recommended approval of the variance to the Planning & Zoning commission. The Planning & Zoning Commission voted 4-2 to recommend denial of the variance, on March 23rd, 2004. (Minutes are attached.) It should be noted that if this variance were grained, and the Cinemark developer installs the smaller storm drainage system the upstream developer would be required to install larger/additional storm sewer through the Cinemark site when the upstream property develops in the future unless they work out a financial arrangement now with the developer of Cinemark to install the larger drainage system. Detention will not be an option for the upstream developer as the existing lake has already been designed to detain excess drainage from all upstream properties. Placing a detemion pond on the upstream property could cause the existing lake to mai-function. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 4-2 to recommend denial of the variance on March 24~h, 2004. (Johnson & Watkins opposed) The cost of upsizing the drainage system through the Cinemark site is covered in the 380 agreement approved by the City Council on March 23rd, 2004. FISCAL INFORMATION The cost of providing the "ultimate development" storm sewer as opposed to the "existing conditions" storm sewer as proposed by the developer has been approximated at $180,000 by the developer of the property. That cost will be reimbursed to the developer through the approved 380 agreemem. However, it should be noted that the drainage system proposed by the developer far exceeds the standards in the City's Developmem Code. While the developer is proposing an enclosed storm sewer system, the City's Developmem Code would allow an open channel with a 10-foot wide concrete bottom and grassed side slopes, which could be constructed at a considerably lower cost. Because of the 1 O-foot minimum bottom width requiremem for channels in the developmem code and because the depth of the channel that would be needed for the Cinemark site is comrolled by the depth of the private storm sewers proposed to drain the parking lot, Staff has estimated there is no cost difference between the "ultimate development" and "existing development" open channel. In other words, the channel required to carry "undeveloped" upstream flows and the channel required to carry "developed" upstream flows would be the same size. The City of DeNon has previously comributed approximately $50,000 toward design/construction of the lake as well as approximately $170,000 for construction of Wind River Lane (a portion of the latter was used to increase the size of the storm sewer). Page 2 The proposed Drainage pro-rata and oversizing ordinance provides reimbursements based on costs using minimum City Standards. ATTACHMENTS 1. Site location map 2. Plat 3. P & Z minutes 4. Court Reporter Transcripts 5. Applicants letter Prepared By: David Salmon, City Engineer Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 3 I I I I I I ? NORTH City of Denton Planning and Zoning Minutes March 24, 2004 The Planning and Zoning Commission convened a Regular Meeting on Wednesday, March 24, 2004 at 6:30 pm in the City Council Chambers at City Hall, 215 E. McKinney. PRESENT: Commissioner Roy, Commissioner Strange, Commissioner Watkins, Commissioner Holt, Commissioner Johnson, and Commissioner Powell. ABSENT: Commissioner Mulroy 3. INDIVIDUAL CONSIDERATION: Consider making a recommendation to City Council on the following items: mo Cinemark at Unicorn Lake. Consider making a recommendation to the City Council regarding an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.17-acre site was located on the north side of Wind River Lane approximately 600 feet west of Interstate 35 East frontage road. The property was in a Regional Center Commercial Downtown (RCC-D) zoning district. A multi-screen movie theater was proposed. (V04-0001, Cinemark at Unicom Lake, David Salmon). Commissioner Roy moved, Strange seconded to deny the exaction variance. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 3-19). Motion carried 4-2. The roll vote was as follows: Commissioner Roy - aye, Commissioner Holt - aye, Commissioner Strange - aye, Commissioner Powell - aye, Commissioner Johnson - nay, Commissioner Watkins - nay, Commissioner Mulroy - absent. Condens¢ItTM 1 2 3 4 5 6 7 8 10 fl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 3 4 5 6 7 8 9 10 11 ::12 13 14 15 16 17 18 19 20 21 29 23 24 25 PROCEEDINGS COMMISSIONER POWELL: It being 6:30 on the 24th of March, the meeting of the Planning and Zoning Colmnlssion for the City of Denton will come to order. If you would stand with me to salute the flags. (Thereupon, the Pledges of Allegiance were recited.) COMMISSIONER POWELL: A couple of announcements before we get started. Tile Chainuan is not here tonight, so you're stuck with me to be Chair. Four -- excuse me. Item 2C from the Consent Ageuda has been pulled. Item 3A has been pulled and Item 4B has been pulled. So if you're hem for 4B, 3A or the Consent Agenda Itmn 3C, they have been pulled and will not be acted on tonight. MS. CARPENTER: 4B will be m-advertised. COMMISSIONER POWELL: 4B will be re-advertised later for another meeting. The next item, I guess, is No. 2, Consent Agenda. Mr. Johnson. COMMISSIONER JOHNSON: J'list a point of clarification. Did you say 4 Charlie or Delta had been pulled? COMMISSIONER POWELL: I said 4B as in Boston, sir. Page 2 COMMISSIONER JOHNSON: NO. DC or D, 2 Charlie or Delta? COMMISSIONER POWELL: 2 charlie. COMMISSIONER JOHNSON: Okay. Then I'll move approval of the Consent Agenda except for the item pulled COMMISSIONER POWELL: We have a motion and a second. Is them any discussion? Please, vote. The item passes 6-0. COMMISSIONER ROY: May I ask a question about this 4B? COMMISSIONER POWELL: Yes. I was just infon:aed about that. And I'll let -- COMMISSIONER ROY: Can somebody explain the reason for this being pulled? COMMISSIONER POWELL: I'll let staff get into that. COMMISSIONER ROY: Thank you. MS. CARPENTER: Mr. Chairman, members of the Planning and Zoning Co~mnission. The staff has determined that the advertisement for the rezoning was incorrect. The zoning is misstated in the ad. COMMISSIONER ROY: Oh, okay. COMMISSIONER POWELL: We would then next gc to 3A, but that's been putted, so we'll go to 3B, Cinemark 1 2 5 6 7 8 9 10 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 and Unicom Lake. Consider making a recommendation to the City Council regarding an exaction variance of the Code of Ordinances concerning drainage standards. Mr. Salmon, pleam. MR. SALMON: oood evening. As stated, this evening, we do have an exaction variance of the Code of Ordinances concerning our drainage ordinance. The property that we're considering this evening is in the Unicorn Lake Development. In the Unicom Lake Development, the specific property is a proposed lot on the north side of Windriver Lane and a multi-semen theater is proposed on the particular lot. The standard in question is with regard to the sizing of drainage facilities through the site. We're looking at the proposed -- the area that says proposed Cinemark. COMMISSIONER POWELL: Mr. Sahnon, I think you're not close enough to that microphone. MR. SALMON: okay. On the overhead now I have a copy of their final plat. Along the east area of this lot is a proposed drainage easement. The drainage patterns in this area flow from north to south. And all of the drainage in this area does flow into Unicorn Lake, which is a regional detention pond. The issue at question is the Denton Page 4 Development Code requires that when a developer builds a development that the drainage flint is installed is sized so that it's large enough to handle what we call a 100-year storm. And in addition to that, it has to be thc 100-year stom~ based on fully developed conditions. The applicants have applied for variance indicating in their letter which is in your backup that they believe that paying for a stom~ sewer system that's sized for a developed upstream condition is not proportional to their development and is not a -- might be considered a taking because they're providing for drainage that the upstream drainage owner -- or drainage - file upstream property owner should be providing for. So if this variance is granted tile applicants would be allowed to install a 100-year drainage system, however, they could size it based on tile drainage coming off of the undeveloped lot as opposed to the developed lot. It might -- a conple of interesting points about this particular variance, what is being proposed is an enclosed box culvca't drainage system which is -- if I remember correctly, part of it is going to be a seven foot by four foot box and part of it is going to be a seven foot by five foot box if it's sized for upstream development. And that is a relatively expensive drainage PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 1 - Page 4 CondcnscltTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 Page 5 system. One of the interesting points of this is that our Development Code would actually allow the applicants to do an open channel in this case, which would be considerably less expensive than a closed box, but they've chosen to do the closed box so that they can build their parking over the top and have more room for parking. So there's a lot of expense involved in this particular variance, although, some of the expense that's being considered this evening is an expense that the applicants have chosen based on the need to have more 1 2 3 4 5 6 7 8 9 ]0 Page 7 applicants that if they do get the variance, understanding that this would ultimately have to go to city council. But if they do get the variance and if they choose to build the smaller system, there's a very good possibility -- well, actually ahnost a certain possibility that the upstream property owner will have to disrupt the Cinemark parking lot to upsize tbe drainage at a later date. And so that's a decision that they will need to make if they do obtain this variance. COMMISSIONER POWELL: Thank you, sir. space for parking. They could do an open channel which would be a lot less expensive. At any rate, there is a legal question with regards to whether or not a City can require a downstream property owner to provide for the developed upstream conditions and we are reconunending approval of this variance. What that means is that if this variance is granwxt, as I stated earlier, the applicants would be able to build a smaller drainage sys~n. What that means further down the liue, is that when the person upstream develops, they will have to come into this drainage easement and either remove the system that has b~en installed or at a minimmn go into that drainage easement and modify that drainage system to make it larger at that 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Legal is next. MS. PALUMBO: Yes. I have prepared a legal opinion which would allow you to go into closed session if you want to discuss anything more in detail. But just to put some cmmnents on the record that whether or not this needs to be granted because of the legal issue is not really before you in tbe paperwork because the applicant does have the ability to put in the open channel. So what you need to do is just focus on the request that the applicant has put before you, what his options and alternatives are in making your determination using file criteria that's before you. If you want to go into more of a discussion on whether or not there may be a legal issue, then we -- I reconunend that we go into a closed session. Page 6 time which ~neans -- well, obviously, some disruption to the parking lot at the Cinemark Theater. And so if this variance is granted, that's something that the applicants are going to have to understand is a possibility if they choose to build the smaller drainage systmn. As I stated previously, staff is reco~mnending this variance. I'll be glad to answer any questions you might have. COMMISSIONER POWELL: ! don't sm anything up on the que, but I've got one. I've got one. I'm a little confused. Staff is recoxmnending it, but we recognize it might not be big enough. And then if it's not big enough, it could cause major problems later. Why is staff -- I guess, I'm asking then why is it -- is it because of tile legal issue? MR. SALMON: It iS OUr understanding that there is a legitimate legal question with regards to our ordinance requiring a fully developed storm sewer. And that requiring the developer to provide drainage for the upsU'eam property owner at no cost to file upsu, eam property owner is an issue. I'm sum flint Ms. Palmnbo might be able to expand on that but thafs my understanding. Based on that understanding, staff has decided to recommend this variance, but we've made it perfectly clear to the 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 COMMISSIONER ?OWELL; ^nybody here looking to go into closed session? Mr. Roy, you were next on tile cue and you've disappeared. COMMiSSiONER ROY: ['Ill going to wait. COMMISSIONER POWELL: Thank you, sir. I would guess we're here -- ready to hear from the applicant. Mr. Ike Shupe, would you give us your name and address, sir. MR. SHUPE: YC,g, sir. My name is Ike Shupe. Excuse me. I've got a little bit of an asthma going on tonight. Ike Shupe, Hughes and Lute, 1717 Main, Suite 2800, Dallas. I represent Bob Shelton Enterprises, Bob Shelton. How much time do I have? COMMISSIONER POWELL: I don't know how much thne the applicant has. Does anybody know? MR. SHUPE: Am I on a three-minute clock? COMMISSIONER POWELL: NO. MR. SHUeE: Thanks legal. I want you to pretend for a minute that you owned a yellow property. We're going to reverse rolls. I'm going to be the City. You owned a yellow property. And you've got a user for the yellow property and you come to me and you say, Mr. City, I am willing to develop my yellow property in accordance with all of your rules. And I say, that's good. 100-year storms, et cetera, as David was saying. PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 5 - Page 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 CondcnscltTM Page 9 But do you sec the owner of the pink property upgrade you and in tho watershed. Now, I know he's your competitor, but what I want you to do is I want you to design the drainage not just so you can develop your yellow property, but I want you to design the drainage so that it will accept all of the water coming froln your upgradient competitor in a fully developed condition. Now, David and Dottie, we can all argue over the legalities, but independent of that, what do you Page 1 I MR. SHIJPE: okay. I am saying that this recommendation for an approval of a variance is empty. And I am asking you to direct the shaft -- I'm willing to pay for the upsizing. There's got to be an ordinance agreernent contract reservation of capacity solution to this. COMMISSIONER POWELL: Mr. Shupe, I'm sum you're aware that it's way beyond our situation here. We don't write ordinances. We don't make ordinances. That's think you would say if you were the yellow property owner particularly if I then say to you not only do you have to front the dollars somewhere by thc time it gets dowu to the regional detention, 100,000 -- $183,000.00, that's a big number, I say to you, you know, you got no way to get it back. I know it's unfair and we've met with the City staff and everybody thinks, well, I'm real sorry that it's that way. But you property owner are going to have to pay it. I, the City mn not going to reimburse you and I have no mechanism by which your upstream competitor will have to pay you when he gees to develop so he gets $183,000.00 free ride. Now, David has got a nice staff reco,mucndation which is absolutely empty in that he says, yeah, we'll approve this variance, but now you understand Ike, that when that guy comes in upstream in the pink Page 10 property, I'm going to require him to come down tkrough tho'c, rip up your Cinmnark parking lot and maybe he docs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a City Council prerogative. So if this gets before Council, I'm sure that might be a good argumcnt, but not here. MR. SHUPE: [ have nothing else to say. COMMISSIONER POWELL: Thank you very much. Anyone else speaking on this? I'm not aware of any. Are there any -- give us your name and address, sir. M~. S~-mUTON: ~ob Shelron, 3300 Sundown Boulevard, Denton, Texas. I'm the owner of the property in question. We have been working with staff quite a while on this. And, you know, they -- on their behalf -- they've tried to come up with some solutions. They just don't have a solution on the books to accmmnodate us. We do think it's very unfair to have to actually desigu and put in a storm drainage system to acco~mnodate upstream develop flows. Page I2 We've aIways had to design and to build to undeveloped flows. Now, they're asking to actually design or he does not have to restore it because it's one of those public easement things. Well, that is a worthless recommendation. We've tried to come up with a solution in that I am willing to front the dollars. I don't like to front the dollars. I am willing to front them if I can get them back. And I am told that, well, you know, lke, we just don't have a way for you to do that. And I said, wei1, you know, is there a way for me to dedicate and reserve the capacity so that tho guy's got to conic before he develops and he's got to pay me for what I spent to 3 4 5 6 7 8 9 10 11 12 13 and build to developed flows. But we would like to be able to move this on to Council and sm if we couldn't get a resolution of Council on it. I think there is seine ways that we can resolve the issue. However -- and we recognize that the only thing you can do is recommend. But we do want to get a voice heard and explain our situation. COMMISSIONER POWELL: YOU know you have the option of taking this back. You don't have to do it tonight. Just throwing that out at you. You can withdraw the, you know, the variance. accoimnodate his fully developed conditions. Or can we do a development agreement or can you come up with some way -- you know, Dottie's got a lot of experience, come up with an ordinance. I'm willing to go put it in and to oversize it so that I don't have to face the risk of ripping up the Cinemark parking lot, Mr. Powell, when the pink guy goes to develop. But I want the staff and I want the City to come up with a way to give me my money back -- COMMISSIONER POWELL: Mr. Shupe, you're getting off topic here a little bit. Help us out. Keep on the straight and narrow here. 14 15 16 17 18 19 20 2i 22 23 24 25 MR. SHELTON: Yes, sir. We're" COMMISSIONER POWELL: I'm not asking you to do that, I'm just making sure you understand that. MR. SHELTON: Yes, sir. And we'd kind of like to be able to move forward if we could with it. We're under some time constraints, us trying to get shorted and we'd like to move forward and sec where we're at with it. COMMISSIONER POWELL: Thank you. Colmnents? Discussion from the Cotmnission? Mr. Roy and then Ms. Holt. COMMISSIONER ROY: I understand the PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 9 - Page 12 CondcnscItTM l 2 3 4 $ 6 7 8 9 lO ll 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 $ 6 7 8 10 tl 12 13 14 15 16 t7 18 19 20 2t 22 23 24 Page 13 argmnent, and sympathize to a degree and a great degree, but that is the Code requirement and it is not up to us to change the Code requirements. And it is consisteut with what we've had other people do. I mean, just a couple of weeks ago we had someone in here talking about a warehouse location having to be changed because of these requirements. Whether the requirement is right or wrong, Page t5 is going to have to come through and upsize it. We do not have a mechanism in our current ordinance to require tile upstream developer to pay the downstream developer for upsizing right now. COMMISSIONER JOHNSON: If the proposed variance were approved and the culvert the size that is being discussed is built, until the upstream property is it's not up to us decide. So I don't see how we can do anyflfing but to deny this variance request because it doesn't mc'et our Code. COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: Yes. I was going to ask, do we have other instances where this has happened where we have required the developer to upsize his requirement? COMMISSIONER I~OWELL: Mr. SaLmon is going to speak to that issue, I believe. MR. SALMON: Yes. I mean, we consistently -- people do this. I mean, this is our standard 8 9 10 11 112 13 14 15 16 !17 19 developed, there is no issue, right? MR, SALMON: correct. Assmning that tho variance is granted that they choose to build the large drainage systmn anyway or -- well, regardless of what -- if they choose to build the small one, there's not an issue. The issue comes into play when that person upstream comes in with a proposed development. And at that point -- COMMISSIONER JOHNSON: SO at that point then conceivably what would happen is the upstream guy may not be able to develop because he wouldn't be able to satisfy the drainage requirements, right? requirement and has been even in our old Development Code. So for at least -- well, since at least 1990 which was the previous major update of our drainage code this has been a requireanent, and people have consistently done it. COMM~SS~ON~ Uou~r: okay. Thank you. COMMISSIONER POWELL: Mr. Johnson. Page 14 COMMISSIONER $OHNSON: And yet, the slaff is recmmnending that we approve the variance? MR. SALMON: well, I mcan, yOU know, this isn't tile venue really to speak about, you know, legal issues, but it is our understanding that there could possibly be a legal question here and so based on that, we have reconunended the variance. And that's really about all I can say at this point. And, you know, staff obviously is looking at this issue, and as a matter of fact, we've had a nmnber of internal meetings and lneetings with some externat consultants regarding this particular issue and we are researching the issue to figure out whether or not we want to or if we do want to how we want to amend our ordinance. COMMISSIONER JOHNSON: ^nd you're satisfied there are no other alternatives other than a much larger conduit than what they're proposing to build, right? Ma. S^tMO~q: well, in this particular case, and I know the figure of $183,000.00 was thrown out. I mean, obviously, I know that the applicants don't want to do this, but they could build an open channel and still meet our requirements at a much lesser cost than what they are proposing. The other option is that they, you know, go ahead and build the smaller drainage and simply understand thai at some point in time that person upstream 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SALMON: well, I mean, it might be -- he would be able to -- I mean, there's -- we would be able to figure out a way for him to satisfy the drainage requirements. Unfortunately, probably the easiest thing for him to do would not be very palatable for the Cinemark. Page 16 COMMISSIONER JOHNSON: But then that would be an issue between those two individuals because you really wouldn't be able to develop the upstream property until you satisfied the drainage issues, right? MR. SALMON: Correct. I mean, the upstream property owner would not be able to develop his property until he and his engineers came up with a workable solution to provide for the drainage. I can tell you in this case that providing a detention pond on the upstream property is not an option. The detention for the upstream property has already been provided in Unicorn Lake. The City participated in the cost of that lake as well as participated in the cost of Windriver Boulevard. Part of that money went toward upsizing the storm sewers under Windriver Boulevard. And so allowing the upstream developer to do detention would not only negate the tens of thousands of dollars that the City has already put into this project, but it would make file dowlastream detention pond possibly not function properly. COMMISSIONER JOHNSON: And that's the other issue. The conduit that's on the downstream side that goes, I guess, goes under Windriver and then all of the way to Unicorn Lake? M~. SAt~MON: well, right now there's only an enclosed conduit under tile road and then thet,e's just PLANN1NG AND ZONING COMMISSION MARCH 24, 2004 Page 13 - Page 16 CondcnscltTM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lg I9 20 21 22 23 :24 25 Page 17 an open channel for the mute down to the lake. COMMISSIONER JOHNSON: HOW big is the conduit under the road? MR. SALMON: It'S a multiple box culvert. It's a big box culvert. COMMISSIONER JOHNSON: SO it's big enough to handle then? MR. SALMON: Right. COMMISSIONER JOHNSON: okay. Thank you. COMMISSIONER POWELL: Legal, MS. P^LUM~O: Right. I just want to get you to focus on the request. Thc applicant is requesting the variance and to direct your cormnents and questions to 1 2 3 4 5 6 7 8 9 10 11 12 13 Page 19 why it's not -- I think, to me, it's a very pertinent point. But I, of course, yield to legal. COMMISSIONER POWELL: Thank you. We have a motion and a second. Any other discussion? Seeing no other discussion, I'll call for a vote on the motion. The motion is to deny; is that correct, Mr, Roy? COMMISSIONER ROY: Right. COMMISSIONER POWELL: MS. Holt, try again, please. Thank you. Motion to deny passes 4 to 2. (COMMISSIONER JOHNSON AND WATKINS VOT[NO IN OPPOSITION) COMMISSIONER POWELL: WO go to Itoh Gocn-Hudgens addition. Consider granting a physical that. COMMISSIONER POWELL: IS there any other discussion or docs somebody have a motion here? COMMISSIONER aox': I'd just like to add that, you know~ we -- from a consistency point of view, we've been requiring this for every other applicant, and there's no physical hardship here. And, you know, this is just a -- seems to be a cost issue. And, again, I don't 14 15 16 17 18 19 20 21 hardship variance of Section 35.20.4(G) of the Code of Ordinance concerning driveway spacing standards. Mr. Salmon. MR. SALMON: AS opposed to the last variance, this variance is a physical hardship variance, not an exaction variance. So it is a variance that the Planning and Zoning Colmnission has the authority to grant if tile Conmfission feels that the variance meets all five see how we can approve this so I'm ready to make a motion if there's no fm~er discussion, I move that we deny this exaction variance. COMMISSIONER POWELL: IS tiling: a second to Page 18 22 23 24 25 of the applicable criteria in our Code. In this case we're looking at a piece of property along the 1-35E southbound service road adjacent to the Coventry Apartments, which is located between Sam Page 20 COMMISSIONER STRANGE: second. COMMISSIONER POWELL: we have a request frown staff to say something hem. MS. eAR~'EwrER: Mr. Chairman, could I ask David Sahnon a question? Would that be all right? COMMISSIONER POWELL: Absolutely. MS. CARPENTER: with respect to file questions of cost that have come up here, are you aware that there's any other agreements between the developer and the City concerning the cost of that drainage improvement? MR. SALMON: YeS. As a matter of fact last night at the City Council a 380 Economic Development Agreement was approved and the City will be reimbursing the developer for the extra cost of the drainage over a period of time through a sales tax reduction. MS. PALLIMBO: I just want to mention that that really isn't before you to consider in whether you want to grant or approve the variance, that's kind of some extraneous information, so I wanted you Io focus on the applicant, his request, the Code and the facts before you. COMMISSIONER POWELL: Mr. Roy, you were up there. Do you want to go? COMMISSIONER ROY: welt, I don't understand 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 2I 22 23 24 25 Bass Road and Teasley Lane, The variance specifically is regarding our driveway spacing standards. In short~ the subject property on the overhead is shaded in gray. A funeral home is being proposed on tile parcel. The subject parcel was originally part of a larger tract of land which surrounds it and currently has apamuents. When the aparm~ent property was platwat, this issue came up at that time under our old Code which required a 300~foot driveway spacing on an aftra'iai which is what we consider our service roads. And so at the time the owners and developers of the apartments in platting the aparm~ents built their driveway inm~ediately to the east of tile property that we're looking at this evening, and provided a joint use access easement so that the out parcel would have access to the service road and lneet the City's Code requirements. This is a copy of the final -- proposed final plat for the subject property and you probably don't -- but you can -- and it's in your backup. You can see some dashed lines that show the location of the joint use access easement into the property. The applicants have based their reasoning for the variance on the type of use that they're proposing. Their concern, of course, is with the proposed property being used as a funeral home. There will be PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 17 - Page 20 HUGHES LUCE LLP february 11, 2004 1717 t4ain Street, Suite 28(X) Dallas, Terns 76201 Z14.939.6600 214.939.6100 (Tax) 214,9~94 Re: Request for an Exaction Variance Attached i~ an application by Bob Shel~ for an exaction variance for property at the southwest and northwest co~r of Windriver Lane and Intestate 35E. The Dentxm Development Code (the "Code") provide~ authority for the City Council to grant exaction variances. The Code defines an exaction variance a~ "a variance granted on the basis of a finding that the imposition of the regulation(s) exceeds any reasonable benefit to the property owner or i~ ~o exce~ive as to constitute ¢onf~:ation of the tract to be platted.' On behalf of Mr. Shelton, I am writin~ this letter to provide justification for the granting of the requested variance. Section 35.19A(A)(5) of the Denton Development Code states: (A) Ail development~ shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustmems, culvert improvements or any other improvement, drainage facility or work which is necessary to provide for the ~ormwater drainage needs o/ a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facih'tie~, improvement~ or other work which i~ necessary to: I-IUGHES LUCE LLP Kelly Carpmat~r February 11, 200t Page 2 (5) provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the development. The quoted provision is based on a City policy that prohibits on-site detention ponds and requires regional detention. Mr. Shelton is in the process of platting land adjacent to Unicom Lake, a regional detention pond. The City has notified Mr. Shelton that he must provide storm drainage facilities to accommodate the estimated/ully developed flows/rom upstream property to the north that does not abut Unicom I~ke. This reqtfirement puts a significant created by Mr. Shel~'s development and constitutes an illegal exaction. The cost to serve such other owners should be paid by tha dry or by such owners; otherwise, those owners (who are devdopment competitors) ~ a "/ree ride" at Although the City o/Denton has a policy against on-site detention ponds, such a policy does not ~sti/y placing disproportionate ~ burdens on a single property owner. I/the City is opposed to on-site detenti/m, then the City should come up with a solution to allocate the cost of regional del~ntion evenly among the benefited property owners. In the alternative, the City should pay/or the added in/rastructure costs required to serve the development of Mr. Shelton's upstream neighbor, and seek reimbursement/rom that neighbor when his/her land is develol~d. H Mr. Shelton is forced to comply with this ordinance, ha has two options, both of which are unreasonable and amount to the confiscation o/his land. He can provide a larger pipe to carry the off-site flow across his property to a regional detention pond at significant added expense, or he can construct a draina~ ditch across the middle c/a planned parking area. Neither of these options is reasonable when considering that Mr. Shelton is not generating the ~ for these facilities. He happens to be a downstream owner adjacent to Unicom lake, but this fact should not make him responsible for ins~_ lling the in/rastructure needed solely to serve hiture upstream development. HUGHES, LUCE LLP Februm7 In addition, in refererlce to the extension of water and ~rer main~, Section 352162(A)(1) of the Denton Development Code statea: ~All development lot (defined by plat or lot of record) in ~uch an alignment that it c~n be extended ~o the next property in accordance with the master sewer and water neifhbor~ r,~r~,:. ----- the draina~ ..~ exp,_ _ benefit Mr. 5he. Iron's development. The firmncial costs of providin~ this line should be paid by ~ City or the owner of the property to the north. I ur~ you to recommend approval of the requested variar~e. Please call me if you have any questions. Sincerely, M~ D. Lindelow CC: Bob Shelton lke Shupe AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 20, 2004 Public Transportation Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority relating to an Enhanced Local Assistance Program; and providing an effective date. BACKGROUND In September of 2003, voters approved a 1/2 cern increase in the City of Denton's sales and use tax to provide funding for the DeNon County Transportation Authority (DCTA). The DCTA was approved by the voters and created as the result of a November 2002 Election. Its purposes are to implement a Service Plan that provides public transportation and transportation related services in those cities in Denton County who have authorized sales and use tax levy. Part of the Service Plan included the adoption of an Enhanced Local Assistance Program (ELAP) to provide funding to participating cities for projects that meet the general criteria of either providing transit related street improvements and/or transit supportive projects and programs. An Imerlocal Cooperation Agreemem is required for DCTA to begin disbursemem of the ELAP funds. The "Guidelines for the Enhanced Local Assistance Program" are Exhibit A of the Imerlocal Cooperation Agreemem and detail the specific process and reporting requiremems. Major poims of the guidelines are as follows: · ELAP funding is for a period of four years (2004-2007) · Basis for funding is 1/4 of the sales and use tax received by DCTA generated by City of Denton · DCTA Board must approve eligible projects · Funds will be distributed to cities momhly on a reimbursemem basis for approved projects. DCTA was eligible to begin receiving sales and use tax from sales generated as of January 2004. DCTA has received the first two allocations for revenue generated from sales tax for the months of January and February. RECOMMENDATION: Staff recommends approval. PRIOR ACTION/REVIEW: The Enhanced Local Assistance Program Guidelines were approved by the DCTA Board at the February 2004 DCTA Board Meeting. FISCAL INFORMATION: The City of Demon will receive 1/4 of the sales and use tax received by DCTA that is generated by City of Denton. The amount will be based on actual allocation from the State Controllers Office. The amoum estimated by DCTA for the City of Demon is approximately $114,000 per momh. The DCTA will subtract a nominal fee for administration of the funds/program. EXHIBITS Ordinance Interlocal Agreement Respectfully submitted: Mark Nelson Director of Airport and Transportation ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY RELAT1NG TO AN ENHANCED LOCAL ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority (the "Authority") at an election held on November 5, 2002 was duly confirmed as a transit authority pursuant to Chapter 460 of the Texas Transportation Code; and WHEREAS, a sales and use tax levy was authorized by and for the benefit of the Authority at an election held on September 13, 2003 within the municipal limits of the City of Denton; and WHEREAS, the Authority as a part of its duly adopted Service Plan has a adopted and provided for an Enhanced Local Assistance Program ("ELAP") to assist eligible and participating cities to facilitate their public transportation system with financial assistance for projects approved by the Authority; and WHEREAS, the City of Denton and the Authority desire to enter into an Interlocal Cooperation Agreement to provide for funding for eligible ELAP projects within the City in substantially the same form as the Interlocal Cooperation Agreement attached to and made a part of this ordinance by reference (the "Interlocal Agreement"); and WHEREAS, the Interlocal Agreement serves valid public purposes and is in thd public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Inteflocal Agreement on behalf of the City of Denton. SECTION 3. The City Manager, or his designee, is authorized to execute any other documents on behalf of the City necessary to implement the ELAP projects on behalf of the City. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ., 2004. EUL1NE BROCK, MAYOR ATTEST: JENNI[FER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S'\Our DocumentsXOrdinances\04\Interlocal-DCTA-ELAP Funds.doe INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into by and between Denton, Texas, a home rule city, a political subdivision of the State of Texas (hereinafter the "CITY") and THE DENTON COUNTY TRANSPORTATION AUTHORITY, (hereinafter the "AUTHORITY"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective governing bodies and officials in accordance with the Interlocal Cooperation Act, Chapter 791 of the TEx. GOVERNMENT CODE (the "Act"); and WHEREAS, the CITY and the AUTHORITY are local governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement individually, and who mutually desire to enter into an Interlocal Cooperation Agreement in order to maximize the benefits to the citizens of the CITY and the constituents of the AUTHORITY; and WHEREAS, the AUTHORITY at an election held on November 5, 2002 was duly and legally confirmed as a Transportation Authority pursuant to Chapter 460 of the TEXAS TRANSPORTATION CODE (the "Code"); and WHEREAS, the AUTHORITY is created for the purpose of providing public transportation and transportation related services within the territory of the AUTHORITY and in particular to implement a Service Plan in those areas participating in the AUTHORITY where, at an election in the CITY a majority of the votes received were in favor of the authorization of a sales and use tax levy by the AUTHORITY for its benefit; and WHEREAS, the CITY did on September 13, 2003, authorize said sales and use tax levy by and for the benefit of the AUTHORITY at an election called within the municipal limits of the CITY for that purpose; and WHEREAS, the Service Plan, as revised by the Board of Directors of the AUTHORITY, did adopt and provide for an Enhanced Local Assistance Program to assist eligible and participating cities, that approved a transit sales and use tax, to facilitate their public transportation system with financial assistance for projects approved by the AUTHORITY; and WHEREAS, the CITY and the AUTHORITY find that the Enhanced Local Assistance Program, intended to improve mobility within the CITY for projects approved by the AUTHORITY, is in the public interest of the CITY and the AUTHORITY; and INTERLOCAL COOPERATION AGREEMENT- Page 1 Doc ID SCOTR-822573 8097-0001 WHEREAS, the CITY and the AUTHORITY agree that any funds transferred in connection with the governmental functions provided for by this Agreement shall be in accordance with the Enhanced Local Assistance Program Guidelines (hereinafter the "Guidelines") adopted and approved by the AUTHORITY and shall be made from sales and use tax revenue available to the AUTHORITY and apportioned by the AUTHORITY consistent with the aforementioned GUIDELINES and are eligible for use by the CITY under the specific terms and conditions specified in the GUIDELINES adopted by the AUTHORITY; and WHEREAS, the CITY and the AUTHORITY agree that the purpose, terms, rights and duties of the respective contracting parties herein are stated in this Agreement and any transfer of funds made pursuant to this Agreement, will be in strict adherence and conform to the Guidelines and will fairly compensate the performing party for the services or function performed in accordance with the provisions of the Act; and WHEREAS, there is a valid governmental purpose served by this Agreement by providing for an Enhanced Local Assistance Program (attached as Exhibit 'A' hereto and made a part hereof for all purposes); and WHEREAS, the CITY and the AUTHORITY agree that any fund transfer made in connection with the governmental functions provided for by this Agreement shall be made solely from current revenues available to the AUTHORITY as specified by the Guidelines; and WHEREAS, the Act authorizes the CITY and the AUTHORITY to enter into this Agreement for the purpose of achieving the governmental functions provided for herein by this collective, cooperative undertaking; and NOW THEREFORE, the CITY and the AUTHORITY, for and in consideration of the promises and the mutual covenants set forth in this Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, do hereby agree as follows: ARTICLE 1 INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. INTERLOCAL COOPERATION AGREEMENT - Page 2 Doc ID SCOTR-82071 t v.2 8097~000! ARTICLE 2 PURPOSE OF AGREEMENT. The purpose of this Agreement is to make available apportioned funds received by the AUTHORITY for use by the CITY for projects defined under the Enhanced Local Assistance Program Guidelines, approved by the AUTHORITY and eligible for funding pursuant to the Guidelines, within the Term specified therein. ARTICLE 3 TERM OF AGREEMENT This Agreement shall be effective as of the effective date set forth below and shall continue in force during the pendency of the Enhanced Local Assistance Program which will start January 1, 2004 and terminate on December 31, 2007, consistent with the "term" and "close out" provisions in the GUIDELINES. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events: mo By mutual written agreement of the CITY and AUTHORITY; or Expiration of the Agreement as provided in Article 3; or By either party, if a party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within sixty (60) days after written notice by the non- defaulting party to the defaulting party. ARTICLE 5 UNDERTAKING OF THE AUTHORITY The AUTHORITY shall engage in the process of providing public transportation and transportation related services to Denton County that may include transfer of funds to the CITY, consistent with the provisions of the Service Plan adopted by the AUTHORITY to facilitate their public transportation systems with projects eligible under the Guidelines and approved by the AUTHORITY. ARTICLE 6 UNDERTAKING OF THE CITY On the effective date of this Agreement, the CITY agrees to and does hereby accept the terms and conditions of the Enhanced Local Assistance Program and Guidelines in all aspects thereof, and will utilize any funds t-ransferred to the use and benefit of the CITY under the Enhanced Local Assistance Program solely and exclusively INTERLOCAL COOPERATION AGREEMENT - Page 3 Doc ID SCOTR-$20711 v 2 8097-000I for projects eligible under the Guidelines, approved by the AUTHORITY, and consistent with the terms and conditions of use imposed by the AUTHORITY in the GUIDELINES. ARTICLE 7 USE OF CITY'S SHARE AND MAINTENANCE OF RECORDS A. AUTHORITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds provided under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. AUTHORITY's record system shall contain sufficient documentation to provide full support and justification for all fund apportionments or transfers and may be made available to the CITY at all reasonable times. B. CITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds received under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. CITY's record system shall contain sufficient documentation to provide full support and justification for all funds received and may be made available to the AUTHORITY at ail reasonable times. C. AUTHORITY maintains the right to audit CITY's financial records as provided by GUIDELINES Subparagraph F "Project Applications" and the CITY further agrees that alt financial records, documents and reporting will be consistent with, and controlled by, the terms set forth in the Guidelines. ARTICLE 8 HOLD HARMLESS Only to the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, the CITY agrees to and shall indemnify and hold harmless the AUTHORITY, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of this Agreement, where the injury or death or damage is caused by the negligence of the CITY, its officials, officers, agents, employees, or attorneys. ARTICLE 9 GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties, then the INTERLOCAL COOPERATION AGREEMENT - Page 4 Doc ID SCOTR-820711 v.2 8097-0001 matter shall be referred to voluntary, non-binding mediation. This provision is mandatory, arises under the provisions of §791.015 of the Act, and shall be a condition precedent to the filing of any litigation by either or both parties hereto. ARTICLE 10 ASSIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. ARTICLE 11 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt requested, postage prepaid; to: CITY: Michael Conduff, City Manager 215 E. McKinney Street Denton, Texas 76201 AUTHORITY: Executive Director Denton County Transportation Authority Inwood National Bank #330 2220 San Jacinto Blvd. Denton, TX 76205 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 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, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. INTERLOCAL COOPERATION AGREEMENT - Page 5 Doc 1D SCOTRw820711 v,2 8097-0001 ARTICLE 13 SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 14 GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 15 ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE 16 WAIVER OF TERMS AND CONDITIONS The fa/lure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 17 AUTHORITY OF PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entity. INTERLOCAL COOPERATION AGREEMENT - Page 6 Doc ID SCOTR-820711 v 2 8097~0001 ARTICLE 18 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 19 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. ATTEST: By: City Secretary DENTON, TEXAS By: Hon. Euline Brock, Mayor By: City Attomey( ~,. ' DENTON COUNTY AUTHORITY By: ATTEST: JASON PIERCE, SECRETARY By: APPROVED AS TO LEGAL FORM: RIDER SCOTT, GENERAL COUNSEL By: TRANSPORTATION Charles Emery, Chairman Denton County Transportation Authority INTERLOCAL COOPERATION AGREEMENT - Page 7 Doc ID SCOTR-820711 v 2 8097-0001 EXHIBIT 'A' Denton County Transportation Authority Enhanced Local Assistance Program Overview Executive Summary Backm'ound The Enhanced Local Assistance Program (ELAP) was adopted as a component of the Denton County Transportation Authority's (DCTA) Service Plan in 2003. The program was included in the Service Plan to reflect the need to facilitate local public transportation systems and provide financial assistance for local transportation related projects consistent with DCTA's enabling legislation. Overview The stated object is to provide financial assistance for local transportation projects that are consistent with DCTA's enabling statue that enhance mobility in DCTA eligible cities in the near term. Funds will be apportioned to eligible cities beginning in January 2004 and ending in December 2007, when the apportionments terminate. The monthly apportionment is derived by determining the amount of a half cent sales and use tax net collection for each eligible city as published by the Texas Comptroller's Allocation Payment Detail, times twenty five percent (.25), less DCTA Administrative cost. Eligible Cities to receive ELAP funds: Denton Highland Village Lewisvilte ELAP Closeout Schedule: The monthly apportionment to the eligible cities ELAP fund will terminate with the December 2007 sales tax apportionment. Projects and applications will be received and considered by DCTA for any available apportionment until March 31, 2008. Remaining funds available in the eligible city apportionment account (must meet paragraph 'J' criteria) will be transferred to the eligible city on April 30, 2008. The recipient city of this final fund transfer shall report expenditures of the final fund transfer to DCTA monthly with the documentation required by paragraph "G". If any final fund transfer balance exists when the city accepts the project subject to the final fund transfer, then the unexpended balance shall be returned to DCTA on or before January 1, 2009. 798094.10 (rev. 2/27/04) 1 GUIDELINES FOR THE ENHANCED LOCAL ASSISTANCE PROGRAM (ELAP) A. OBJECTIVE: During the implementation of rail transportation, which will require several years, the Denton County Transportation Authority (DCTA) proposes to implement an Enhanced Local Assistance Program (ELAP) to improve local mobility in the short term. This program is dedicated to Eligible Cities to facilitate their public transportation systems and provide financial assistance for projects consistent with DCTA's enabling legislation in the Eligible Cities for a maximum of four (4) years, with specified limits. B. ELIGIBLE CITIES: All municipalities where the canvassed vote of September 13, 2003 approved a one half of one percent (1/2%) sales and use tax for the benefit of DCTA are eligible to participate in the ELAP. Denton, Highland Village, and Lewisville authorized the sales and use tax and are eligible for ELAP participation. To participate, the eligible cities must agree to the terms and conditions of the ELAP. C. PROGRAM FUNDING: Funding for the ELAP is exclusively from the sales and use tax received by DCTA. A percentage of the net monthly collections, derived by a formula applied to net collections of each Eligible City, will be apportioned to the ELAP fund for the benefit of the eligible city during the program. Net monthly collections are identified using the published Texas State Comptroller's Allocation Payment Detail for each eligible city. Net collections for an eligible city is the total collection each month less the service fee and current retained amount, with credit for the prior retained amount, as defined by the Comptrollers "Components of Allocation Payments." D. APPORTIONMENTS The maximum amount of ELAP funds to be apportioned to an eligible city shall not exceed twenty-five (.25) percent of the one half cent sales and use tax collection for the eligible city in the respective apportionment month, specified in 'C' above, less DCTA administrative cost (related to respective ELAP apportionments, but not to include general administrative expense). DCTA will prepare, by September 1 of each year, a projected Annual ELAP apportionment estimate for eligible city budget purposes consistent with the DCTA Financial Plan in effect at the time. (see, Figure 4) Apportionments will be based on a formula of twenty five percent of an amount equal to one half cent sales and use tax net collections transferred to the eligible city by the Comptroller, regardless of the financial plan estimate, tess administrative expense. 798094.10 (rev. 2/27/04) 2 E. TERM The ELAP program wilt start January I, 2004 and terminate on December 31, 2007. ELAP apportionments will terminate after four (4) years from the date of the first sales and use tax revenue receipts collected in an eligible city. F. PROJECT APPLICATIONS Eligible Cities must prepare ELAP project applications for submission to and approval by DCTA. Multiple projects may be contained within a single application. DCTA will have 30 days to review the application to determine project(s) eligibility or request more information. Subsequent to completing the review, if no additional information was requested, the application will be placed on the next regularly scheduled DCTA Board of Directors agenda for consideration. If approved, the ELAP amount requested in the application, or any portion thereof, becomes "programmed." That programmed amount is deducted from the available apportionment as an obligation. Apportionments will be deposited into a separate account. Any apportionment not programmed will remain available to the eligible city for future project applications, consistent with ELAP closeout provisions. DCTA will report quarterly (within 30 days after close of the quarter) on the status of the ELAP fund, including amounts apportioned, amounts programmed, amounts transferred to eligible city, and the amount available for programming by each eligible city. This timeliness of the report will depend on the receipt by DCTA of the required information from the eligible city. Eligible cities shall maintain accurate books and records of all approved projects. Cities will maintain separate records for each ELAP approved project including: project budgets, budget amendments, revised budget balances, expenditures to date, change orders, cost to complete, and DCTA ELAP transfers to date. DCTA maintains the right to audit a city's books to ensure that transferred funds are applied in accordance with the notice of request and approved transfer, and for purposes of DCTA's enabling legislation. Cities also maintain the right to audit DCTA's books to ensure that the fund allocations and transfer are in accordance with these guidelines and other applicable laws. G. DISBURSEMENTS The first ELAP transfer of funds for an approved project will not occur until in the second calendar quarter, after initial sales and use tax revenues are received by DCTA, (see, Figure 1). Funds will be transferred on the last day of the month. Transfers will occur no more frequently than monthly, on a monthly trailing basis, for approved projects with current financial records. In no case, will transfers be made until the project 798094.10 (rev. 2/27/04) 3 eligibility requirements have been met and formal approvals by the DCTA Board has been made. Eligible Cities shall provide monthly to DCTA, a project status report and current financial records, to include: a specific ELAP project account identifier, an approved project budget, ELAP funds programmed for the project, expenditures incurred and percentage completion for each ELAP project. Project status documentation must contain a statement of project expenditures, attested to by an authorized financial staff member. The monthly status report is considered a current financial record. If a fund transfer is requested for ELAP programmed cost or expenses that have been incurred and paid by an eligible city for an ELAP approved project, a "notice of request" documenting the expenditures shall be submitted to DCTA at least 5 business days prior to the regularly scheduled Board meeting. The notice and expense documentation are considered current financial records. DCTA will promptly process request notices as specified herein. At project completion, in the event that final project accounting or audit reveals that transferred funds were not in fact expended on an ELAP project, those unspent funds shall be returned to DCTA and remain available in the apportionment account for reprogramming to the eligible city, prior to ELAP ctoseout. Any unprogrammed funds apportioned to an eligible city in any calendar year will continue to be available to that city in succeeding years, unless the city withdraws from DCTA, until ELAP closeout. All ELAP fund transfers will be considered subordinate to DCTA's debt service requirements. The DCTA ELAP program is to assist eligible cities with funding for approved local transportation improvements, but DCTA does not assume or incur any liability, obligation or financial responsibility for a contract between an eligible city and a contractor, employee or agent for an approved project or any liability for a result, occurrence, injury or damages resulting from or caused, directly or indirectly, by an approved project. H. PROJECT ELIGIBILITY: Projects eligible for the ELAP funding shall be identified and approved in advance of implementation. Each eligible city council shall submit a project application, with one or more eligible projects, to DCTA for approval. All eligible projects must be consistent with the DCTA mission and enabling legislation. Eligible types of projects are listed below. In general, eligible projects are divided into two categories: 1) transit related street improvements; and, 2) transit supportive projects and programs. 798094.10 (rev. 2/27/04) 4 Typically, approved capital projects may receive transfer funds for planning, environmental impact studies, engineering, final design, right-of-way acquisition, construction, and testing/inspection/surveying. Maintenance and operations may also be funded if approved by the DCTA Board. Any project not listed, but found by DCTA to be consistent with its enabling legislation, may be proposed to DCTA consideration. Eligible projects include: Transit related street improvements (street with current or planned/previous bus routes). Roadway improvements that add capacity Road widening Adding storage to turn lanes Adding mm lanes Adding/deleting access points Adding bus priority lanes HOV lanes 2. Grade separations 3. Matching funds for federal/state transportation programs Intersection improvements New signals Computerization of signals Traffic surveillance equipment Telecommunications o Cooperative funding of intercity capacity improvements Signal progression Bus only lanes Bus signal preemption Arterial street HOV lanes Roadway and intersection improvements o Special design provisions along roadways and intersections with planned bus routes Shelters Sidewalks Bus stops Bus turnouts Bus priority treatments 7. Roadway and intersection safety improvements 798094.10 (rev. 2/27/04) Transit supportive projects and programs 8. Additional service including non-productive service (previously eliminated or not meeting warrants) Transportation services for the elderly and/or disabled Emergency medical Shuttle services 10. ADA compliance items related to the provision of transit service 11. Sidewalks related to providing access to transit facilities or services 12. Bus shelters 13. Bus benches t 4. Travel demand management Transportation Management Association operating funds User subsidies for transit service Vanpool programs Rideshare promotion and incentives Alternate work schedule subsidies Employer trip reduction support Emergency ride home funding taxi/loaner car t 5. Vans for vanpool programs or buses for current operating routes consistent with the DCTA service Plan. 16. Park and Ride lots 17. Mid-block bus turnouts 18. Incorporating private transit services/facilities into DCTA. 19. Transportation enhancements at existing and planned DCTA transit centers, transfer centers and rail stations. 20. DCTA related railroad crossing and fight of way improvements to include street closings or grade separations. I. PROJECT MAINTANCE AND OPERATION Project maintenance is the responsibility of the project owner. If shared maintenance responsibility for a project is desired, the cost sharing arrangements must be approved by the DCTA Board and the eligible city as part of the project approval process. 798094.10 (rev. 2/27/04) 6 Operating costs of ELAP projects may be eligible for ELAP funding subject to DCTA Board approval. J. OTHER FINANCIAL CONSIDERATIONS: Since the ELAP program allows for funding of capital transit projects and operational expenses associated with them, eligible cities will be able to apply for and receive FTA funds with prior approval by the DCTA Board. Eligible cities may pool their ELAP apportionments for implementation of approved projects. Advanced (beyond 1 year) programming of funds is allowed subject to Board approval. However, eligible cities may not program, for a current or future year more than the current year's ELAP apportionment and may not program past the ELAP termination date. All DCTA request for fund transfers for approved ELAP projects will be drawn from the eligible city's apportioned fund balance until it is exhausted. After all ELAP apportioned funds for an eligible city are disbursed or transferred, no further transfers will occur, until a positive apportioned fund balance is reestablished. PROGRAM CLOSE OUT The monthly apportionment to the eligible cities ELAP fund will terminate with the December 2007 sales tax apportionment. Projects and applications will be received and considered by DCTA for any available apportionment until March 31, 2008. Remaining funds available in the eligible city apportionment account (must meet paragraph 'J' criteria) will be transferred to the eligible city on April 30, 2008. The recipient city of this final fund transfer shall report expenditures of the final fund transfer to DCTA monthly with the documentation required by paragraph "G". If any final fund transfer balance exists when the city accepts the project subject to the final fund transfer, then the unexpended balance shall be returned to DCTA on or before January 1, 2009. L. WITHDRAWL OF MEMBER CITIES If an eligible City withdraws from DCTA, no ELAP funding will be allocated to that city subsequent to the withdrawal date. In the event of a proposed withdrawal, only individual projects for which construction contracts have been awarded and executed or for which formal funding agreements have been executed will be funded by DCTA. On the date of withdrawal, an eligible city forfeits and relinquishes any right or entitled to receive funds under the ELAP. All apportioned funds revert to DCTA. Once a city calls or selects a date for a withdrawal election, no ELAP projects will be considered for approval until after the election is canvassed. 798094.10 (rev. 2/27/04) M. PROJECT IDENTIFICATION Each construction or improvement project will display at least one sign on each vehicular approach to the construction site indicating that fimding support for the project is provided by the DCTA ELAP program. In addition, after completion, if a project has a visible permanent marker, it shall indicate thereon that funding for the project was provided by the DCTA ELAP program. (Figure 1) Denton County Transportation Authority Enhanced Local Assistance Program Projected Payment Distribution Schedule for 2004 The Denton County Transportation Authority (DCTA) has authorized an Sales Tax Collection Month January Month Apportioned to Eligible Cities .,, February March ELAP Fund Transfer Date N/A February N/A March April April 30 May 3 t April May June July August September October May June July August September October November December January November December June 30 July 31 August 31 September 30 October 31 November 30 December 31 January31 Enhanced Local Assistance Program (ELAP) for eligible cities. Denton, Highland Village, and Lewisville are currently eligible to submit projects to facilitate their public transportation systems and provide financial assistance for projects consistent with DCTA's enabling legislation. The duration of ELAP is limited to a maximum of four (4) years in duration, terminating December 31, 2007. A typical fund transfer schedule is shown below. ELAP funding transfer dates for apportioned amounts to eligible cities are set on a monthly trailing basis. ELAP fund transfers are authorized for incurred project costs that have been approved by the DCTA Board of Directors. Supporting documentation for costs incurred must accompany all notice of request for fund transfer. Distribution dates failing on a Saturday, Sunday, or observed holiday will be processed on the next business workday. 798094.10 (rev. 2/27/04) 8 (Figure 2) Denton County Transportation Authority Enhanced Local Assistance Program Anticipated Project Applications Schedule The chart below depicts a proposed schedule for project application submittals and subsequent review dates. The Enhanced Local Assistance Program (ELAP) policy guidelines allow DCTA to conduct a 30-day review of all applications or request additional information. Subsequent to committee review, the application will be submitted for consideration by the Board of Directors at their next regularly scheduled meeting, if additional information is not required. Projects may be approved and funding programmed at the DCTA's sole discretion during the regular monthly meeting. Once approved, projects are issued a notice to proceed and can submit a notice of request for fund transfer for approved and incurred project costs in compliance with DCTA's payment distribution schedule (see Figure 1). Application Submitted on: (Example Dates) January 1, 2004 February I, 2004 March t, 2004 April 1,2OO4 May I, 2004 June I, 2004 July 1, 2004 . August 1, 2004 September 1, 2004 October 1, 2004 November 1, 2004 December 1, 2004 DCTA Committee Review: January 31, 2004 March 1, 2004 March 30, 2004 April 30, 2004 Ma.y 3O, 2OO4 June 30, 2004 Ju!y 30, 2004 August 30, 2004 September 30, 2004 October 30, 2004 November 30, 2004 December 30, 2004 Possible DCTA Approval at Monthly Meeting February 26, 2004 March 25, 2004 April22,2004 May27,2004 June 24, 2004 July 22, 2004 August 26, 2004 September 23, 2004 October28,2004 November 18, 2004 December 16, 2004 January 27, 2005 A notice of request for fund transfer may be submitted at any time by an eligible city for an approved project. It will be considered only if the eligible city has a positive ELAP apportionment balance. The ELAP program apportionments terminate after the receipts from the eligible cities for December 2007 are received by DCTA. Applications for any remaining un- programmed apportionment must be received and approved by DCTA no later than March 31, 2008. 798094,10 (rev. 2/27/04) 9 (Figure 3) Denton County Transportation Authority Enhanced Local Assistance Program Procedural Flowchart Develop Project Application Member City Submit to DCTA I Net Sales Tax Collections from Texas Comptroller's Office DCTA ELAP Apportionment to Member City Committee Review (30 Days) Recommend To DCTA Board of Directors Project Approved by Board of Directors Disbursements (Monthly) with supporting documentation 798094.10 10 (rev. 2/27/04) (Figure 4) Denton County Transportation Authority Enhanced Local Assistance Program Financial Plan Anticipated Apportionments .....Mon,th ' , Denton' . High!~nd village 'LeWiSville .. January 04 . ..$113,732 $4,425. .. $185,531 February $113,732 $4,425 $185,531 March ... $! 13,7.32 $4,425 $185,53! April $113,732 $4,425 $185,531 .May ... $113,732 .$4,425 $185,53 t June $I t3,732 $4,425 $185,531 Ju!Y " $113,732 $4,425 ..... $185,53I August $113,732 $4,425 $185,531 '"September $113,7'32 $4,425 $1'85,531 October $113,732 $4,425 ' $185,531 "NoVember. $ I 13,73.2 $4,425' $185,53.1 December $113,7.32 ..... $4,425 $185,531 TOTAL . $1,364,781 .. $5.3,I05 $2,226,377 798094.10 (rev. 2/27/04) 11 HANDOUT TO COUNCIL P&Z MINUTES FOR Z04-0007, Dry clean Super Center CC AGENDA. ITEM 5,D. Condens8ItTM COMMISSIONERMIJLROY: ORr next ltealt is 5C~ ~ A ~n~I.fl~g 5 7 8 9 10 11 12 13 14 15 17 I8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 · Page 3 [ I found out that thgre was an additional one from Mx. Gin'is Fuller will present. MR. FULLER: Coot evening and thank you. The applicant is requesting a Specific Use Permit for a drive-through facility. The site is located within Neighborhood Residential Mixed Use Zoning District. Within the Neighborhood Residential Mixed Use Zoning District, the laundry facilities are allowed, however the (hive-through facilities require approval of a Specific Use Pea'mit Staff has received five written mspouses ia opposition to this requ~t for property owners within 200 feet of the site bringing opposition to 13 percent. The proposed use is compatible with the intent of the Denton Plan. And the opplichnt has met all of the requirements of the Specific Usc Permit chacMist Based on the above findings, staff recommend~ ·approval of the Specific Usc Pmmk With tho following condition, that the applicant provide a sLx-foot perimeter fence built to the standards of Subchaptar 3513, Section 8 of the Denton Development Code. Thank you. I'm available for any questions. COMMIS~IONm-R MULRO¥: okay. I§ the applicant here? Page 2 ~ FULLER: Yes, he is. · COMMISSIONBR MULROY: wonld yoll ~ke te present or auswer any questious7 Thank you, Chris. of the Planning Commission, my name is Sial Holliugsworth, 4725 Nall Road, Dallas Texas. What the director is handing out there is basically my presentation so you can kind of follow along as to what we worked on as far as trying to be good neighbors and providing a good developed · area for the oummanity. If you'll look in them, basically, what you'll see -- if you'll look at the beginning of the folder I've handed out, you'll sec that there's some certified mall that went out on April the 6th to all of the adjacent propezB' owners that abut the site. Next to that is a letter, and how the letter spelled out that the use was allowod by right. And we was asking for Specific Use Pernfit specifically for the drlve-tJm'ough facility. The next extfibit is basically an ~xtfibit that I would llke for y'all to walk through with me. Ths is a recorded -- the latest recorded pht, to my uaderstandiug, wl~ch we've received from the City of Denten's Plat Division. Now, it was to my understending we only had four notices of opposition. I believe this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 24 25 when t eheckod. Wha~ I'd like to do real quick is basically go through the opposition's concerns and address them. T~c first ono would be 2001 Whitefish Circle. ~hat is number two, if you'll notice the highlights I have. Nmnber 2 is the one down them by Windrivew, the fh'st lot, which I'd like to point out that on the 30th of March, the date of the lotter~ I personally went to the doors and also left this letter in the mailbox, and then approximately a week letter we sent the certified mail. So we've tried to make every attempt that's available to us to work with the homeowners on any kind of opposition that they may have. The first one on 2001 Whitefish Circle, basically it says that -- it says it would be close to people's back yards and take away their prlvacy, especially with the dr/ye-through as it is planned. I've seen the layout of the facility bloupfint. This facility would decrease property values. Once again, the use is allowed by right. So as far as the drive-through decreasing the property valuee and as a homeowner and property owner, I understand their concerns and I can re,spect it. But, me, personally, I can't sec as to how the drive-through window is going to g .w 1 2 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 Page decrease the property values. I'm not a financial wizard, so, you know - and if you'll also look, that is -- llke I said, that's number two, whiell is over by Windriver. The site, yes, it is within the 200 feet area. But per se dee* the drive-through facility or the layout of the site affect this property, I can't really see as to how it would ~ffent it seeings as to how the use is allowed. Thea'e is a drive over there on. that side of the prbperty anyway. And I'd llke to point out that if we dithYt have the drive-through facility, we would have to produce additional parking on the other side of the building to t~ to compensate for the convenience that the customers will be losing from not having a thSve-gxough. The second let~r of opposition is 1908 Whitefish, Which is munber four. Now, on that -- in their request, it says they was the hame. owners of Lot 13. When I went around trying to visit with the neighbors and all, it was my understanding that that was actually Lot 13. And that's the address of 1908 which is -- we have it nombered number five, but the actual Lot number is 13. Them again, yes, it does abut the property as far as ~~ let's see their concerns is the safety noise impact of the property values, pollution air, and about being ten foot fi'om :- the drive-through being ton foot PUBLIC It]EARING ITEM 5C, EXCERPT FROM 4-14-04 M1NUTES Page 1 - Page 4 CondenseItTM Page 1 from th~ patio. 'We went th-ough appraisal districts and 2 if this is correct, this information that we was able to 3 obtain, you're looking at a 36-foot deep home with a 4 21-foot patio. You know, just for simple math, that's 5 approxhnatoly 60 feet. 6 So you're looking at 90 feet. So 7 ' additionally, you still have 40 fee~t to the property line. 8 And then we have a ton foot landscape buffer. And, of 9 course, there's an existing fence and we've proposed and 10 we've agaeed with staff to put up a new wood'fence. So7 11 and like I said, if the information we've received is 12 cora:ct. 13 Okay. Number -- the other one is 2009 Lake 14 Fork. I viaitod that and we d]d not send cea'tiffed -- we 15 kn~v it was within the 200 feet, but that. wou~d be the lot 16 -- it looks like Lot g right adjacent to where we're 17 numbea~ing lot 1, that,S highlighted. That propgt~y 18 actually does not back up -- yes, it is within the 200 19 feet and we understand how the notices go. 20 It actually -- the development of thc 2i drDe-through, I can't see that it would affent thc -- thc 22 living of th~ home and as I've stated the use is allowed 23 by right and with the parking, additional parking that 24 we'd have to pick up, cars are still going to be diSvlng 25 around the building. Page 6 1 I spoke with the young lady today and she 2 basically, she had a -- her daughter was sick at home. 3 She w~ going to try to come up hem and meet with me 4 earher and, you know, go over it. She said she wasn't 5 aware that the use was allowed by right. Now, I'm not -- 6 I'm not here to put any words in her mouth. She didn't 7 say she was for or against at this thane. Prior to this 8 mseting, I want by her house, and dropped off the site 9 plan, landscape plan and all of the information I have for 10 her in her mailbox for her to look at for future 11 discussion before the City Council or ff she could make it 12 up here tonight. 13 The fourth letter of opposition which is 14 2004 Vfhitefish. If you'll look at that, I believe that's. 15 Lot 11. Let me get my murk-up. Yes. According to the 16 information I have, that is Lot 11, which yes, it is 17 within the 200 feet. Does it abut. the property and would 18 the drive-through facility actually per se interfere with 19 any of the/r living conditions they now have. As, you 20 know, a developer and a planner, I dgn't see that it 21 would. That's -- there again, that's why fall are here 22 to make these decisions. 23 And their concern, basically, was - it's 24 toO busy akeady. Any drive-through ·would m..~e a bad 25 Page 7 1 like a baseball field, soRball field, sports arena, club, 2 restaurant. 3 We don't per se -~ we draw ~rom the 4 existing traffic that's already there. We do not -- 5 people do not -- if there is, it's a very small 6 percentage, do not intentionally say, oh, well, I'm going 7 to go across town to $1.25 and drop off·my laundry. 8 Like I said, we draw from existing traffic. 9 So as' far as increasing the traffic, as you're well aware 10 from the staff's analysis. There's not a traffic analysis 11 required or study. And the reason for that, I'm sure, is 12 because of the type of usc and the volume that we pull 13 from is existing. 14 In regards to anvironmental, and there 15 again, I'm not an envirmrmental.salanfist or angineer or 16 anything, there was some concerns as far as emissions. 1 ? This site will be built somewhat higher than the adjacent 18 property. As you know and I know from all of the 19 regulations we have to go through the quick lubes, 20 eh'fission, when it comes out of the' exhaust goes into the 21 atmosphe~. 22 ' Being that, the adjacent property owners 23 should not be affected from -- from that. And, also, with 24 their being parking on that side Of the property anyway, 25 to my imderstunding starting a car, stopping a car is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 8 worse thet the car idling for what amount of time it would take to get through the dfive-th'ough window. With that I'd 1kke to thank you for your time and adthrss any comments that you may have and hope you'll bless Ibis proposal. COMMISSIONER MULROY: comm~sloners, any questions? Mr. Roy. COMMISSIONER ROY: Y~S. ~*llgt a quick one. I'm tx3,ing to understand this fence issue. As I look at the property now, there's already a wood fence I'm sm~ owned by the property owBers along that.side of the property, so the fence that you and the staff have ag~ed to is back away from thea'e by ton feet or so7 MR. HOLLINOSWORTH: NO, S~'. The fenc~ we've agreed to is on the property lbo. And there again, that's something we'd have to work out from the existing fence through staff. The ton foot ~ was talking about is a landscape buffer, which would create additional buffering. COMMISSIONER ROY': okay. So it WOl~td be a ten foot -- I mean, a fence on your property line and, again, a six foot fence? MR. HOLLINGSWORTH: COMMISSIONF~RROY: okay. Thank you. situation worse. I would like to point out tha~: ~;e're not 25. coumssm~m~ mmRo¥; Any further · PUBLIC FI~.ARING ITEM 5C, EXCERPT FROM 4-14-04 M1NUTEs Page 5 - Page 8 ,v Conden$oltTM 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 questions? Ms. Holt. COMMISSIONER HOLT: Yes. Could you show mo where your enlry and exit is on this? Is it just at this bne driveway right here at the comer? MR. HOLLINOSWORTH: Yes~ ma'am. It would be right ha~. COMMISSIONERHOLT: okay. So you coma across. You go all of the way around the back, go through the drive-through and then coma out that way? MR. HOLLINGSWORTH: Yes, ma'am. COMMISSIONER HOLT: okay, Thank you... . MR. HOLLI~GSWORTI~ And I have an exh/bit for our Plan B on the parking on the other si~te if y'all would like to see it. COMMISSIONER HOLT: I would llko to MR. HOLLINOSWORTH: would the Chairman 1kke me to put it on the screen fon the public to see? COMMISSIOHERNIIJLROY: Yeah. That would be fine, sir. COMMISSIONER ROY: I can't see where the drive-through is on this. MR. HOLLINGSWORTH: Thafs Plan B, that if thc drive-through is denied to show y'all that these's still -- vehicles will still be driving around the building. And can I borrow one of y'alls? Page 10 COMMISSIONER MDLROY: H~ lake th~s. Ms. Holt, anything further? COMMISSIONER HOLT: IS ther~ a -- what is thc -- is there a sidewalk or something? I know there's one that goes along Llilian Miller. Is there a sidewalk that comes out of -- what is this -- Windriver E~lates, is them a sidewalk that cames out on Windriver? MR. HOLL1NGSWORTH: I bellovo ther~ is, yes, ma'am. Well, on Windriver? COMMISSIONER HOLT: I mflan~ out of Windriver on to Lirdan Miller. What I'm wondering about is the children walking to the school ovar at Sam Houston, if th~ would be -- MR. HOLLIHOSWORTH: I do not -- t~l~s an undeveloped lot and I do not bnli~ve that there's an existing sid~alk at this time. COMMISSIONER HOLT: Well~ from this development up here, this Windriver Development, is there a sidewalk that/;omes out on to Lillian Miller and then it would go right in front of your -- then all of the w~y down to the corner? COMMISSION~RHOLT: okay. Thank you. 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 COMMISSIONEP, ivlULROY: MS. Holt, anything else? COMMISSIONF. HHOLT: NO. Tha'~'s fino. Thank you. COMMISSIOHP. H[ MULROy: YOU bet. Mr. Johnson. COMM[SSIONE~R JOHNSON: Thank ymL I have this drawing right here. MP~ HOLLINOSWORTH: yes~ Sir. COMMISSIONER JOHNSON: If I'm reading this right, I tl~nk this shows two drives into your prop~ly, one that's -- one that's at center of the proparty, and then one that's on the ProPertY line between your lot and the one at the comer, but this one only -- lids one only shows one entrance. MR, HOLLiNOSWORTH: Yes, Sir. COMMISSIOiVHR ~'OHNSON: which is correct? MR. HoLLrNGsWORTH: And I Was.-- I ki3ew I'd get asked that question. What -- the exhibits that you're looking at is an exhibit we also used fur a variance on approach s~purations. In visiting with the adjacent property owner of the und~eloped lot and the City and the engineering doparanent, we offered to share the drive with them so that there would only be one &'ire versus trying to ge~ to or come in for a variance for the vacant kit Page 12 1 because th~3~'re not sm'e what.thing're going to deve2op. 2 So that is -- that's already been granted 3 as far as the location, the approach straddling the 4 property lines. The other one was just an exhibit to show 5 lhm-a that we could rcc~vc thc approach without thc 6 variance, but in ordca: in trying to, you know, do good 7 development-- 8 COMMISSIONER JOHNSON: okay. So there is a 9 shared drive enh'y to the prop~ on thc corner plus i0 yours and that's shared, right, and that's the only one? 11 MR. HOLLh'qOSWORTH: Ho~ sir. What you 12 have, the only drive would be this uno right h~a~. Wiaat 13 you're looking at shows a driv~ here and a proposed drive 14 hem. 15 COMMISSIONER JOHNSON: l~ght. 16 M~ HOLLRqOSWORTH: Th~S proposed drive 17 hem is no longer -- it's null and void. lg COMMISSIONER JOHNSOH: okay. 19 MR. HOLLINGSWORTH: That was just an 20 exhibit that we used for the variance. 21 COMMISSIOlqFJ~JOHNSON: okay. That's what 22 I was trying to say. Okay. Now, and, again, this drawing 23 hero that I'm looking at that shows the two drive 24 entrances, shows the center line of one to bo 200 fee~ 25 from the edge of Windriyer. Now, that's no longer the pUBLIC HMARING ITEM 5C, EXCERPT FROM 4-14~04 MINUTES Page 9 - Page 12 CondenseItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16' 17 18 19 20 21 22 23 24 25 Page 13 ease. You've moved closer to Windiiver. So how far are we -- is the 122 feet from Windfiver? Is that the edge of the drive there? MR. HOLL1NGSWORTH: Yowl're 122 -- of course, now at the intersectinn of Windriver and Lillian Miller, there's a visibility clip. But from the furthest most part, if you'll look here. COMMISSIONER JOHNSON': Ye~% I See thai. MR. HOLLTNGSWORTH: okay. It's a hundred and -- COMMISSIONFA~ JOHNSON': -- tWffrlty-two point six eight? MR. HOLLINGSWORTH: ~- twenty-two point six eight. COMMISSIONER JOHNSON: Okay. Then there is no deeel lane or anything like that that's just -- just an entrance and exit, fight, one in and out ou -- same thing, no deeel lane or anything? MR. HOLLiNGSWORTH: Yes, sir. That's COMMISSIONER MULKOY: Okay· Thank you, Ivlr. Johnson. Any further questions? If not, I ~ ask the citizens that want to speak to come doTM. We have none registered in support. In opposition, I have Mr. Marty Rivers. If you'll come down, Marty. And Lynn Page t4 Thompson, if yo~lll come down and sit in the seat behind Mr. Rivers. MR. RIVERS: Thank you, Commissioners. My name is Marry Rivers. I live at 2000 Whitefish Court, this house right there. Mr. Holimgsworth has been very diligent in frying to work with the neighborhood and visiting with everybody. I appreciate the opportunity to dp that and I realize that this may not impact every house that is in opposition but that's why. we're a neighborhood because it really significantly impacts these three houses and partly mine and the ~wo back there of what's going on. What you don't see by looking at a piece of paper is that lot is severely slanted. It's about a foot drop-off from Lillian Miller down to the back of that lot and as you start building that pad up, you're aimost fence height to our back yard neighbors in the back there. So regardless ff there's a drive-through or not, it,s a lot higher than the back yard~ There's going to be a slope where all of the drainage goes dowu through there. So when yon're driving through there, there's light pollution and all of that kind of good stuff. So I would hope that regardless ff there's a fence or not, whatever -- or a drive-through or not, whatever gets put there, there's a fence in addition to our fences · · Page 15 · 1 because ours is just a back yard where our kids are 2 playing. Regard/ms of the chive-through, we want to 3 have a fence there so we're not having to see all of that 4 stuff and the people are looking down our back yards. 5 The other issue I wanted to bring up is 6 that we've had two sue's that y'all have approved in that 7 area right thea~, the cvs Ithammcy and the credit union. 8 Those are differeat because they don't back up to 9 resldeoces. They back up to what eventually will be a 10 retail center thare. And thare's the fire department, the 11 library and the school oy~ there. So they're not -- 12 people aren't using those drive-throughs at night and 13 sitting out in their back yards barbecning wifile people 14 are going through the drive-tixough. 15 Another fl:dng I'd like to point out is, 16 maybe you-all can tlfink of it. I can't thlnk of a place 17 in D~nton when there's been a house that somebody has 18 allowed a drive-through to go right next to that. 19 Maybe there was a drive-through that was 20 there and somebody put a house through it. But I can't 21 tl~nk of anyplace in Denton where there's a drive-through 22 for whatever mason that is abutting a neighborhood 23 residence. S6 my question is, are you setting a 24 precedence if you approve this ? I've had two people apply 25 for suP's for drive-through in that neighbarheed. Ifynu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 allow t~fis one, that's a third. And then I may want to put a bank on the lot next to this and I'm going to expect a drive-through ff I want to do that. So whare do you - where do you draw the line? I mean, th~xe's an obvious -- someplace you've got to stop. And to me, you stop wh~e there's a drive-through next to a residence. We're talking the drive is ten feet from these people's back yards. That's fi'om me to lo~. And you're going te have cars them driving around through that drive. And that's a reqniremeat from the CiW Code to have that drive ga by them. But we're talking ten fe~t dr~e-through's and back yards. So those don't mix very well. Thank you. COMMISSIONER MULROY: Tharl~ you~ Malty. Next speaker Lynn Thompson. And following Lynn will be Paul Rawley. If you'll come down to the front, please, Paul. Go ahead, ma'am. Cfive us your name and address. MS. THOMPSON: I'm Lynn Thompson. I l~ve at 1520 Hunters Ridge Ckcle and I'm president of the Homeowners' Association for Hunters Ridge. And we have a petition of 25 sigusthr~ that oppose this d~Sve4hrough. I know we cannot fight the fact that it is going to be a dry ckaner even though it will not really fit in tho PUBLIC lq~.ARING ITEM 5C, EXCERPT FROM 4-14-04 MINUTES Page 13 - Page 16 CondenseltTM 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page neighborhood. The -- like the gentleman stated before, the drive-throt~hs in the other situations, the credit union, and the pharmacy are on a comer that's going to have a shopping center, if you will, that will -~ that would provide service industries. With this dry cleaner drive-through it will affect, be ~ dangec to the chlidi'ea. And right now, Lilllan Miller is so congested that I live within the 1 2 3 4 6 7 8 9 Page 19 betWeen Windriver and Southridgn. And a curb cut here i00 · feet from Teasley and Windriver which is basically the same s~'eat would lie much of a hazard to the fire tr'ucks. I don't know if y'all are familiar with tho topographies of that area out there, but the fire track station 6 is next to thc library. That's at the bottom of a hill. They come up tho top of Lilhan Millec and Windriver and Teasley are the top of the hill. And then it drops down and it drops down quite a bit like the fkst 500-foot range myself and to go from my house to the mall which is less than a mile, I have to go through four lights. And it will take me anywhere from six to eight lights to gat. to the mall. And that's ludicrous, tn Denton green means go, yellow means ker~ going and red means only six more cars. So I worry about tho children that have to go to Southridgn East and d/ffereat parts of Windriver. Also, one of our neighbors got in touch with the fire department, which is the number, the station number six. And the D/vision Battalion Chief Mike Sessions of the Denton Fire Deparlment dee~ not believe this to be a good idea either. He gave us a study of three -- of the past thi'ea months and on an average per month 180 cee are of emergency vehicles, fire or ambulances pass through that inlersecfion. And because it's a hill situation and Page 18 Lilliaa Miller is a hilly streat, that children -- I mean, I'm sorry cars cannot be seen and we worry about that ' because we have numerous accidents at that intersection. And I have this petition. And, unfommately, I don't know that I made enough copies for everyone because I had to get one last signature tonight for a man on the cornec who is within the 200-foot range. And I can pass these out if you'd like to see them. COMMISSIONERMULROY: ffy0u'll jUSt hand thma to Ms. Carpeater here and she'll rake care of them. MS. THOMPSON: Thank you for your limn. COMMISSIONER MULROY: uh-inth. Thalkk you, Ms. Thompson. Mr. Rawiey. ~m. aAWLEY: oecd afternoon. My name is Paul Rawley. I reside at 1421 Huntersridge Ch'cle, which 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 4 5 6 7 8 9 I0 11 12 13 14 15 gentleman said. And if you -- even in a fa-e true:k, when you're coming up by cvs Park -- cvs Pharmacy, you cannot see over the hill there. And those fire lxucks, the six eanergeflcy vehicles a day that we got from the Fire Chief would really cause a problem because it's -- in the mornthg it's congested. In the afternoon it's congested, and people just can't get out of the way. That tim station serves all of the way up to Colorado which means it has to go under 35 an of the way up on Loop 288. And that's just anothex -- it would be six stop signs, or six stop lights to get to Colorado. Thank you. COMM~SS~ONm~ tvaJLaOY: All right. Thank you, Mr. Rawiey. I have tWo folks that do not want to speak but they want to register in opposition. That's Page 20 Mr. John Brolick and Mr. John Murphy. Okay. Now, Mr. Holllngsworth, would you like to rebut? MR. HOLLINGSWORTH: Yes. lVlr. Chairman, basically, and I don't want to be out of line here. I want to show due respect. I'm not sure that the fn'e marshal's opinion or c(mument on anyth~g other than .whether this meets the requireanents of the tim marshal's office for safety, as far as fires, ambulances and we've already submitted for a building permit the uses allowed by right. To my knowledge, it den~ meet that criteria. As far as the approach location with or without the drive-through 'facility, the approach variance has been granted. It's within tho City of Denton's development standards. And in regards to Mr. Rivers, I'd is on the comer of Huntersridge and Lillian Miller. In the past four years, I observed several bad traffic accidents at Lillian Miller and Windriver. By the way, I'm also a property owner in ?Nindriver. And I was almost involved in a h'affic accident up there with an emergency veiaicle like she pointed out I went ~ the fab deparlment and talked to Chief Sessions llke Ms. Thompson said and told hkn Where the curb cut was going to be and 1~ just shook his head because he said there are no curb cuts on Lillian Miller 16 17 18 19 20 21 22 23 24 25 like to thank him for meeting me and spending his time to visit with me on this. As far as the slope of thc site, that is an engineering situation that will take place with or without the drive-tin, ough facility. And thorn again, I'd like to ~press that with it being a little higher, we are putting a six-foot fence. Now, unless someone is Walking up' tippy-toeing over that fence from driving through, they're not going to be able to seethe neighbors. Number two, with it being highec than that, PUBLIC HEARING iTEM 5C, EXCERPT FROM 4-14-04 MINUTES Pane 17 - Page 20 Cond, inseItTM page 21 1 there again, the e~nissions rises. So that's even, I would 2 think, better for the residents. And rd like to say that 2 3 we have dihgently approached this, looked at all of the · 3 4 anglm prior to even coming forth with th~ -- with thc 4 5 request. And as far as othm: driv~-throughs that was 5 6 approved and precedents being set, Fm not an attorney. I 6 7 won't go thm'e. I do know that my site should be judged 7 8 on an individual basis, does this affect the City' 8 9 residential? Does it meet the maser plan? Is it in 9 10 compliance per the City of Deaton's regulations7 Because 10 11 the use is allowed by right. Tl~nk you. 11 12 COMMISSSOmmMULRO¥: Thankyou, sir. If 12 13 there's no que~fious I want to close the public hearing 13 14 unless Mr. Roy you have a question? 14 15 COMMISSIONER ROY: I want to ask a question 15 16 of staff. 16 17 COMMISSmNER MULP, O¥: okay. 17 1 g COMMISSIONER ROY: Th~e wtxo discussions 18 19 about the driveway eniranoe and traffic and this sort of 19 20 thing, ara you aware of any variances that we can ~xpect 20 21 to address ua.Otis prop~'q,? At this.time, am you aware 21 22 of any variances that are going to coma forward to us? 22 23 lyre. lnJLLem ~0, not at this time. 23 24 COMMISSIO~ROY: SO on the entranc~ the 24 25 diiveway, you feel comfortable that wa're not going to be 25 Page 22 I asked to consider any variance there? 2 Ma. ~OLLEm TO my und~smnding, our 3 Traffic En~n~g ~ent ~lopment R~i~ T~ 4 M~b~ ~s ~icw~ ~s. ~d ~s is in comp~an~ 5 MS co~en~. 6 COM~IO~ ROm Tha~ you. 9 clX. ~ey ~d g~ a v~an~ on ~s cas~ for 10 ~4wways ~om ~ Tr~c SMe~ ~ssion. But 11 si~ phn ~t ~ have a~ch~ ~ ~ app~cafion far 12 ~c sup w~ch is A~c~ent 6 in yo~ bac~p is ~ si~ 13 plan far ~ on~ ~ay. Ohy. So ~'re not as~ng 14 far ~ si~ plan approval w~ch is associa~ 15 sp~ificaEy ~ ~is sup les' ~ ~o ~v~ays. ~'re 16 as~ng for ~6 on~ 18 for avm~anoe? O~y. ~a~you. ~y~qu~ons 19 b~orelclose~pubHc h~ng? Okay. I'm closing ~e 20 pahhc h~ng and ~ open ~ ~scussion ar a mogon. 22 co~[o~ ~oY: we~, ~s prop~ is 23 zon~ ~. ~ I look do~ ~o~ what co~d 24 if I w~ a hom~ I'd b~ ceac~n~ about s~ efta · Page 23 think the arguments about the traffic, I can understand that. I go through this area daily. But that's going to be an issue no matter -- almost any kind of business that goes in this area. The property owner hns a fight to develop this area and the Code allows certain things there. The only issue that I'm struggling with now is -- is simply -- I guess the issue that's before us and that's the drive-through. Are we materially impacting the neighborhood by. this drive-through? And I'm just struggling to recognize that as a major problem, but I'm still open to discussion. And I'd appreciate any other's opinions on this. COMMISSIONER MULROY: MS. Holt. COMMISSIONER HOLT: what Would the hours of operation be? MR. HOLLrNGSWORTH: Normal hours of oparation is from, like,'7:00 to 6:00. There again, though, we would -- the business is allowed by fight and we would like to exercise our fight as far as the. Development Code of hours of operation for a business. Normally, it's from 8:00 to 6:00. COMMISSIONER HOLT: Thank you. COMMISSIONER MIJLROY: BUt we could limit the drive-through hours. Any other questions or Page 24 discussion? Mr. Johnson. 2 COMMISSIONEK JOHNSON: well, it's obvious 3 that the neighborhood doesn't want a drive-through there. 4 The -- to me, it almost looks like you'd be betler off to 5 have a drive-through there because thc ttaffic would get 6 in and out quicker. Otherwise, you're going to put a dry 7 cleaning establishment there and you'm going to have a 8 lot of cars parked there. 9 The dwell tLme is going to be a lot 10 different and you're liable to have a little bit more 11 congestion and a little.bit more opportunity for anybody 12 that wants to throw cans over the fence or whatever. If 13 you're in the car driving, through, you're probably not 14 going to do that. 15 My feeling is that we probably should go 16 ahead and do the -- allow the drive-through and I think -- 17 and I don't live in that naighborhood, but I tkink ff I 18 did, I might prefer to have a drive-through than to not 19 have a drive-through there. So I *hlnk I would make a 20 motion to approve the suP. 21 COMMISSIONERMULROY: Okay. We have a 22 motion for approval by Mr. Johnson. Motion dies for a 23 lack of second. Okay. Any -- Mr. Roy. 24 COMIvI1SSIONF~ ROY: I don't know ff I can 25 ask this question. Legal stop me if we cannot, but I'm Pass'21 - Pa~a 24 · Condcns¢itTM Page 25 i wondering -- allow it if you will, if the developex will 2 proceed to build a facility without the driveway -- 3 d~ive-tla'ough, will he still proceed to develop this lot? 4 Cab I ask him that? 5 COMMISSIOm ivlLK~OY: Mi'. Hollingsworth? 6 COMMISSIONF2, ROY: If you do not rec~iv~ 7 the approval for the drlv~-through, can you t~ll us what 8 your plan WouJ. d be for this property? 9 MiL HOLLI~IOSWORTH: Build a Dry Clean~ 10 Supm' C~nler Exl:fibit B with parking.on that side of the 11 ~idential area. 12 COMMISSIONER ROY: Thank you. 13 MR. HOLLINGSWORTH: YOU bot. 14 COMMISSIONER MULROY: MI'. Roy. 15 coMMIsSIONER ROY: [ move that we de, ny this 16 request for a drive-through. 17 COMMISSIONER s~re, x~aE: second. 18 COMMISSIONER MULROY: We have a motion by 19 Mr. Roy. A second by Mr. Strange for denial of the 20 drive-through window. If thea'e's no furth~ discussion, 21 judging by the silence, we shouldn't have anymore. Please 22 vote. Motion carri~ 5fl. 23 (COMMISSIONER JO I-r~soN VOTING 24 OPPOSITION.) 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 HANDOUT TO COUNCIL DENTON COUNTY, TEX~S PROPOSED PROJECTS FOR BOND ELECTION Facility B&P Recommendation Remodel/Refurbish - Loop 288 Denton County Government Center $ I, 161,906 Precinct #1 Government Center $1,586,200 Refurbish Road and Bridge Service Centers $2,008,500 Denton County Courts Building - 4th Floor Finish-Out $2,050,000 Commissioners Court Administration Building $9,001,490 10% Contingency for All Projects $1,580,810 Cost of Issuance $511,094 GRAND TOT~4L $17,900,000 HANDOUT TO COUNCIL for the Next Century" Transportation Road Improvement Program - 2004 Roadway Projects for the City of Denton April 2004 Prepared by: Innovative Transportation $o/utions, Inc, 2701 Va//ej/ View Lane Farmers Branch, Texas 74234 Printed April 19, 2004 TABLE OF CONTENTS Letter from Judge Mary Horn .......................................................................................................................... ii IH 35E Corridor Improvements ....................................................................................................................... 1 Loop 288 West ................................................................................................................................................. 2 FM 1830 Engineering ...................................................................................................................................... 3 Mayhill Road ................................................................................................................................................... 4 Lakeview Boulevard ........................................................................................................................................ 5 Brinker Road....; ............................................................................................................................................... 6 Bonnie Brae Lane ............................................................................................................................................ 7 Hilltop Road ..................................................................................................................................................... 8 Copper Canyon Road ....................................................................................................................................... 9 MARY HORN Denton County Judge Dear Denton County Resident: As the Denton County Judge, I want to take this opportunity to provide you with some background and the methods used to develop the Transportation Road Improvement Program - 2004 (TRIP-04). As you know, Denton County's population and employment continues to grow at significant rates. As more and more people chose to take advantage of all that Denton County has to offer, diligence is required to ensure that the transportation infrastructure will be in place to serve both existing and future residents. Since the majority of major thoroughfares within Denton County are state facilities it is necessary for Denton County to work in close partnership with the Texas Department of Transportation (TxDOT). In the past, our partnerships with TxDOT have resulted in many transportation successes. To date, we have been able to see the beginning of constmction of SH 121 and FM 3040. Additionally, almost every major roadway within Denton County is in the process of being cleared environmentally and designed for construction. Denton County's 1991 and 1999 transportation bond programs have allowed the County to leverage approximately $80 million in County funds to bring in excess of $800 million in state and federal funding to our residents. But there is still much more to be done. Interstate 35E is the critical transportation artery for Denton County with most of the major east/west roadways within Denton County feeding into it. Current traffic on IH 35E south of Lake Lewisville averages between 130,000 to 160,000 vehicles per day. North Central Texas Council of Governments projects that bY 2025, the average dally traffic on IH 35E will increase to 350,000 vehicles per day. TRIP- 04 will provide a critical share of the financing for both Department of Transportation and NCTCOG programs needed to allow this critically essential project to move forward on an accelerated schedule. TRIP-04 will provide Denton County with the tools it needs to ensure that our roadway system will be able to accommodate the County's future growth. But, the ability to move people throughout the region is about more than getting from "Point A" to "Point B." It is about transporting skills, commerce, and economic vitality to points where they are needed most. It is about the enhancement of both our economy and our quality of life. The development of a comprehensive and effective transportation network is critical to achieving those goals. TRIP-04 identifies the major transportation priorities and allows the County to implement them in a fashion that is most responsive to citizens' transportation needs while at the same time being respectful of their valuable tax dollars. ii On November 18, 2003, Denton County Commissioners Court tasked the Denton County Transportation Committee.with the development of a new roadway bond program. The Transportation Committee was made up of 20 citizens from throughout Denton County with each member of Commissioners Court appointing 4 members to the committee. As County Judge, I acted as the Court's liaison to the Committee. Representatives from the TxDOT Area Office and Noah Central Council of Governments were also a part of the committee team. Committee members were: County Judge Alford, Jerry W. Andes, Judy Roberts, Raymond D. Skeene, Tim Comrm Pct.#1 Eddy, John Paul Pinnell, Ben (Chairman) Sawko, Gregory J. Smith, Jack L. Comm. Pct.#3 Corbitt, Scott Lipscomb, Larry Nelson, Anita Ueckert, Dean Contra. Pct.#4 Darby, Brian Henderson, Phillip L. Phelps, Joe Talley, Curtis (V-Chairman) Conun Court Horn, Mary-County Judge Elsom, Claud P.- Buz-TxDOT Wells, James-County Auditor Dransfield, Bob-Fullbright & Jaworski Almon, Dan-Southwest Securities Martin, John-Southwest Securities Zwinggi, Kelly-Director ~ Public Works Polster, John R.-ITS Starek, Mike-ITS Conun. PcL#2 Abernethy, Dick Caldwell, Linda Marks, Joel Schrag, Perry Committee members met once a week from November 25, 2003 to February 17, 2004 at the Denton County Pre-Trial facility in Denton, Texas. The County Judge and County Commissioners presented, in turn, proposed projects within their jurisdictional area to the committee. The Committee reviewed, discussed and analyzed the individual projects. The proposed roadway projects included both State and local facilities. Each project had to meet one or more of the following criteria: Regionally SignificanffMulti- Jurisdictional, Congestion Mitigation/Air Quality, Safety, or Economic Development. After many hours of work, on February 10, 2004, the Denton County Transportation Committee recommended that the Commissioners Court approve the attached roadway projects for the Denton County 2004 Bond Package, subsequentlYth named the Transportation' Road Improvement Program - 2004 or TRIP-04. On March 9 , the Denton County Commissioners Court unanimously approved an order calling for an election on May 15, 2004 for voter consideration of the Transportation Road Improvement Program - 2004. Respectfully submitted, Mary Horn Denton County Judge iii IH 35E Corridor Improvements Limits: Length: CS J: Prct: City/Town: Bond Program project Type: Project Cost: Description: President George Bush Turnpike to just north of FM 407 11.7 miles 0196-02-068; 0196-02-073 2,3 Carrollton, Dallas, Lewisville, Highland Village Regionally Significant/Multi-Jufisdictional/Safety/Congestion/Air Quality $410,400,000 Widen existing 6 lane facility to 8 lane facility with an additional HOV/Managed Lane facility in the center. Partnership Potential: Description Denton County TxDOT COG Others Design, $40,000,000 from $30,000,000 from $1,200,000 from $8,000,000 from Right-of-way County Judge Mary reprogramming reprogramming City of Lewisville Acquisition; and Horn; existing projects; existing projects; Bond program Construction $2,000,000 from $100,000,000 from $40,000,000 in Com. White; revenue generated by potential partnership $2,000,000 from Managed Lanes; Com. Jacobs; $172,200,000 $15,000,000 from Com. Mitchell Loop 288 West Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: IH-35 at Loop 288 to IH-35W South of Denton 9.0 miles 2250-02-900 and 2250-02-901 4 Denton, Unincorporated Denton County Congestion Mitigation/Air Quality, Regionally Significant/Multi- Jurisdictional, Economic Development $10,000,000 Constmct 2-lane asphalt roadway to establish alignment Partnership Potential: The following is a potential break down of the cost participation on Loop 288 West. The City of Denton will be developing their bond program this summer and city staff will be submitting this project to the "Blue Ribbon" committee for consideration. That action would take place subsequent to the election on the 2004 County Bond Program. Description Denton County TxDOT COG Others 'l Right-of-way $2,500,000 $5,000,000 $0 $2,500,000 City Acquisition; and of Denton Construction Notes: The ultimate proposal for Loop 288 West is as a four lane divided urban highway with frontage roads. This proposal would construct the sub- grade of one of the frontage roads for two way traffic along the corridor. This will allow the State and County "get ahead" of gas wells and development. FM 1830 Engineering Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: FM 407 5.75 miles Not yet assigned Argyle, Unincorporated Denton County Regional Mobility/Multi-jurisdictional. Congestion Mitigation/Air Quality Safety, $3,000,000 Preliminary engineering to widen existing 2-lane rural Farm to Market to a 4-lane divided urban roadway. Partnership Potential: Description Preliminary Engineering Notes: Denton County TxDOT COG Others $1,200,000 $0 $0 Denton$1,800,000 City of Traffic studies indicate the need for FM 1830 to be widened to at least 4 lanes by 2025. This project provides additional north/south connectivity between Central and Southern Denton County. The requested funds would be to begin the Advanced Planning for this project. 3 Mayhill Road Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: FM 426 to US 380 1.6 Miles Potential Conversion to FM 1 City of Denton Regionally Significant/Multi-Jurisdictional, Congestion Mitigation/Air Quality, Safety $12,000,000 Construction of a 4-lane divided urban roadway north of FM 426 to US 380 Partnership Potential: Description Right-of-way Acquisition; and Construction Denton County See Notes TxDOT $3,744,000 of existing authority; $5,256,OOO COG $0 Others $3,000,000 City of Denton Notes: There is authority and funding available for a new Farm-to-Market within Denton County. Denton County and the City of Denton are proposing to convert Mayhill to a Farm-to-Market. The City of Denton has conducted extensive route studies to determine the transportation needs of this portion of the City. Mayhill improvements are being proposed in conjunction with the widening of Loop 288 and the extension of Lakeview Blvd. 4 Lakeview Boulevard Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: FM 426 to US 380 2.7 Miles Off System Project 1 City Of Denton Regionally SignificantfMulti-Jurisdictional Congestion Mitigation/Air Quality $20,500,000 Construction of a 4-lane divided urban roadway north of FM 426 to US 380 and 6-lane divided urban south of FM 426 to Colorado Boulevard. Partnership Potential: Description Right-of-way Acquisition; and Construction Denton County $5,000,000 No~s: TxDOT $0 COG Others $0 $15,500,000; City of Denton The City of Denton has worked with the North Central Texas Council of Governments in the updating of their Thoroughfare Plan. That plan calls for the widening and construction of Lakeview Blvd from US 380 to l]-I 35E. Denton has selected Route 4 as the preferred route. Lakeview Boulevard Route Study June 2003 N 1"= 2000' 5 Brinker Road Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: Spencer Road to Shady Oaks Extension 0.5 miles Off system project 4 Denton, Unincorporated Denton County Economic Development, Safety $2,000,000 Construct a 4-lane undivided urban roadway. Partnership Potential: IDescription Right-of-way Acquisition; and Construction Denton County $800,000 TxDOT $0 COG $0 Others $1,200,000 City of Denton Notes: This roadway will provide alternate north/south access to Denton residents to the central portion of the City of Denton. This project continues the partnership between Denton County and the City in the Better, Safer Roads Program. Work is currently underway to flip the ramps on IH 35E to provide direct access to Brinker Road. The developer has constructed Brinker from Loop 288 to Spencer. 6 Bonnie Brae Lane Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: FM 1515 to Roselawn 1.0 miles Off system project 4 Denton Safety, Economic Development $700,000 Full reconstruction of 4-lane undivided roadway. Partnership Potential: Description Denton County TxDOT COG Others Right-of-way $350,000 $0 $0 $350,000 City of Acquisition; and Denton Construction Notes: This project has been requested by the City of Denton. This roadway provides access to the City's southern industrial area. Hilltop Road Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: FM 407 to FM 1830 and FM 2181 4.2 miles Off system project 4 Unincorporated Denton County Regional Mobility/Multi-Jurisdictional, Safety $4,200,000 Reconstruct roadway both to FM 1830 and FM 2181 Partnership Potential: Description Right-of-way Acquisition; and Construction Denton County $4,200,000 TxDOT $0 COG $0 Others $0 Notes: Improvements to Hilltop road will include reconstruction of the roadway to a longer life span and higher weigh limit. This roadway will provide north south access between FM 407 and FM 2181. Additionally, it will provide DISD residents in southern Denton County access to the new High School on FM 2181. Hilltop Road 8 Copper Canyon Road Limits: Length: CS J: Prct: City/Town: Bond Program Project Type: Project Cost: Description: 0.1 mile north of FM 407 to Old Alton Road 2.9 miles Off system project 4 Copper Canyon Congestion Mitigation/Air Quality, Safety $2,200,000 Full reconstruction of County/municipal Roadway Partnership Potential: IDescription Right-of-way Acquisition; and Construction Denton County $2,200,000 TxDOT $0 COG Others $0 $0 Notes: The intent of this project is to fully reconstruct Copper Canyon Road to roadway with a higher weight limit and life span. Efforts are under way to have the roadway incorporated into Copper Canyon once the roadway is fully reconstructed. 9 Finance Department * 215 E. MeKinney ~ Denton, TX 76201 (940) 349-8288 ~ DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE: April 20, 2004 TO: Honorable Mayor and Members of City Council FROM: Kathy DuBose, Assistant City Manager SUBJECT: Change in Ordinance and Amendment to Contract Due to a name change of' the City's delinquent property tax attorneys from Linebarger, Goggan, Blair, Pcna & Sampson, LLP, to Linebarger, Goggan, Blair & Sampson, LLP, we are providing the attached changes to the Ordinance and Amendment to Contract for the Collection of Delinquent Property Taxes (Consent Item G). Please let me know if you have any questions. cc: Michael A. Conduff, City Manager Attachments "Dedicated to Quality Service" www. cityofdenton.corn ORDI2qANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LINEBARGER, GOGGAN, BLAIR, & SAMPSON, LLP AND GREGORY & CONNER P.C. TO INCREASE COMPENSATION FOR PROFESSIONAL SERVICES RELATED TO COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council entered into an agreement to engage Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner, P.C., to provide professional services pertaining to the collection of delinquent taxes on behalf of the City of Denton; and WHEREAS, the City finds it is in the public interest to increase the compensation for the provision of those services and that the agreement should be amended; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the City Manager is hereby authorized to execute an amendment to the Professional Services Agreement with Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner, P.C.; in substantially the form of the Amendment attached hereto and incorporated herewith by reference. SECTION2: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\04\Linebarger delinquent tax .doc AMENDMENT TO CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and the Law Firm of Linebarger, Goggan, Blair, & Sampson, LLP and the Law Firm of Greggory & Connor, P.C. (hereinafter referred to as "FIRM"). WHEREAS, on June 18, 2002 FIRM entered into that certain Agreement to provide services for the collection of delinquent property taxes. (the "Agreement"); and WHEREAS, the city has increased the penalty for collection pursuant to Tax Code Sec. 33.07 to 20% for taxes still delinquent upon July 1 of the tax year they become delinquent; and WI-I~REAS, the city desires to increase the compensation of the firm to reflect the increase in the penalty; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. Paragraph 9A of the contract shall add the following: Starting with taxes that become delinquent and remain delinquent on July 1, 2004 the percentage of compensation authorized by paragraph 9A shall be twenty percent. 2. Paragraph 13 of the contract shall add the following: Starting with any bankruptcy proceedings that are filed after the effective date of this amendment to the agreement, the fee allowed shall be twenty percent of the tax, interest and penalty actually collected. 3. All other terms and conditions contained in the Agreement that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED as of the "Effective Date"). day of , 2004 (the CITY OF DENTON, TEXAS By:. Michael A. Conduff, City Manager Page 1 of 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Linebarger, Goggen, Blair, & Sampson, LLP BY: Gregory & Cormor, P.C. BY: Page 2 of 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING TI-It{ FINANCING FOR SIX REFUSE TRUCKS AND AN EIGHTEEN FOOT WINDROW COIvIPOSTING MACHINE WITH BANK ONE LEASING CORPORATION THROUGH A LEASE/PURCHASE FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3155- LEASE. PURCHASE OF REFUSE TRUCKS AND COMPOSTING MACHINE, APPROXIMATE FINANCE CHARGES $65,079.60). WHEREAS, In the 2003-2004 budget process the City Council authorized the purchase of six refuse trucks and one composting machine from the to be determined lowest responsible bidders pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of $1,150,000; and WHEREAS, Section 271.005(c) of the Local Government Code authorizes the City council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease purchase agreement with Bank One Leasing Corporation is appropriate and in the public interest; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance the acquisition of six refuse tracks and a composting machine with Bank One Leasing Corporation, said agreement providing for a financed amount of $1,150,000 having ten bi-aunual payments of approximately $121,507.96 with an effective rate of not to exceed 2.16% over 5 years. SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized to enter into a lease purchase agreement on behalf of the City in accordance with the terms set forth in Section 1 and to expend the funds provided for in Section 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-File 3155 Page 2 of 2