HomeMy WebLinkAboutJanuary 10, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
January 10,2006
After determinin} that a quorum is present, the City Council of the City of Denton, Texas will
convene in a 2n Tuesday Session on Tuesday, January 10, 2006 at 4:00 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:
NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such matters
should be placed on a future regular or special meeting of the Council for citizen input, City Council
deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives
informal and preliminary reports and information from City staff, officials, members of City committees,
and the individual or organization proposing council action, if invited by City Councilor City Manager to
participate in the session. Participation by individuals and members of organizations invited to speak
ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday
Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so
citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen
may supply to the City Council, prior to the beginning of the session, a written report regarding the
citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a
regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which
will be made available to all citizens prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the
views of their fellow citizens without having to attend two meetings.
1. Receive a briefing, hold a discussion and give staff direction on the status of multiple
family development and Single-Family/Multi-Family ratios in general.
2. Receive a briefing, hold a discussion and give staff direction on a process and review
criteria for multi-family tax credit projects.
3. Receive a report, hold a discussion and give staff direction regarding the applicability of
Chapter 176 of the Local Government Code to various public officials and City vendors.
Following the completion of the 2nd Tuesday Session, the City Council will convene in a Closed
Meeting to consider the specific items listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as
amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Receive legal advice from the City Attorney or his staff concerning legal
issues and the legal interpretation of Chapter 176 of the Local Government
Code and how it applies to certain City officials and City vendors and
contractors where to discuss such matters in public would violate the City
Attorney's responsibilities under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
City of Denton City Council Agenda
January 10,2006
Page 2
2. Consultation with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City's northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues implicated by
alternative proposals advanced by individuals owning property within the
proposed annexation area. A public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
B. Personnel Matters - Under Section 551.074 of the Texas Government Code.
1. Deliberate the evaluation and duties of the Interim City Manager.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF ~551.086 OF
THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOVT CODE, ~551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION ~551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 10,2006
DEPARTMENT:
CM:
Planning and Development
Howard Martin, 349-8232 ..
SUBJECT
Receive a briefing, hold a discussion and give staff direction on the status of multi-family
development.
BACKGROUND
A goal of the Denton Plan is to "Accommodate 27,000 single-family homes and 18,000 multi-
family units by the year 2020 to bring the ratio of single to multi -family housing from 51:49 in
1998 to 58:42 in 2020." Already, in 2006, there are over 17,000 multi-family housing units.
This section of the paper explores the status of multi-family units in the City of Denton and
addresses the status of the single family to multi-family ratios. The following information is
provided:
. Location of multi-family dwellings
. Number of multi-family dwellings
. Age of multi-family dwellings
. Housing tenure
. University student housing
. Subsidized and tax credit units
. Single family/multi-family ratios
. DISD data
Location of Multi-family Dwellings in Denton
The location of existing multi-family is shown on the map on page 2.
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Number of Multi -family Dwellings
Table A shows that the ratio of single family to multi-family units is moving toward the goal. In
2000, the ratio was 52.94 single family to 47.06 multi-family and by December 2005 the ratio
had moved to 56.13 single family to 43.87 multi-family.
TABLE A
Census 2000
(Taken on April 1 , 2000) 30,944 16,400 50.07% 14,544 44.41%
Units based on finaled permits
Apr 2 - Dec 31,2000 31,393 220 52.94% 229 47.06%
Jan - Dec, 2001 32,899 1,078 53.79% 428 46.21%
Jan - Dec, 2002 34,906 1,253 54.29% 754 45.71 %
Jan - Dec, 2003 35,846 897 55.37% 43 44.63%
Jan - Dec, 2004 38,117 1207 55.24% 1064 44.76%
Jan- Dec 2005 39,595 1169 56.13% 309 43.87%
Total Units (by type) 22,224 17,371
TABLE B
Multi-family Developments Completed April 2000 to December 2005
No Address Name of Complex No. of
units
4/2/2000 - 12/31/2000
1 1541 Meadow St Campus Park Apartments 192
2 309 W. Hickory St Elk River Apts (Baines Addition) 3
3 316 Frame St Two Story Duplex* 2
4 2216 N Carroll Blvd Fourplex 4
5 708 Hercules Ln 20 units 20
6 117 N Austin Above Downtown Mini Mall 4
7 114 N Locust St Above Downtown Mini Mall 2
Year end total 227
1/1/2001 -12/31/2001
1 1810 Teasley Ln Oak Meadows 160
2 700, 708 Hercules Lane Corner Stone Apts Ph II 20
3 631 Texas St 6-unit Apt 6
4 3904/3906 Stuart Rd Denton Affordable Housing 2
5 200 S. Bonnie Brae University Courtyard Apts.(Bldg 1-10) 240
Year end total 428
1/1/2002 -12/31/2002
1 932 Fannin Street Hillside Addition 6
2 316 Mill St Fourplex 4
3 315 FrySt Oakridge Apts Ph II 8
3500 E. McKinney Rosemont@Pecan Creek (Knollwood
4 Villas) 264
5 1400 E University Dr Primrose Apts (Senior Housing - 200
3
No Address Name of Complex No. of
units
Affordable)
6 500 N 1-35E Coventry Apts (Sldgs 1-20) 240
7 712 W Sycamore St Kenney Place Apts 8
8 1004/1008 W Mulberry St Addition of 14 units 14
9 2301 Sirchbrook Ct #2303 Duplex on existing foundation* 2
10 3900 Montecito #1001-1004 Good Samaritan Society (2 duplexes)* 4
11 410 & 412(A)&(S) Mill St Denton Affordable Housing* 4
Year end total 754
1/1/2003 -12/31/2003
1 600 Texas St Lone Star Apts 35
2 1118 Collins St 2- Fourplex 8
3 3900 Montecito #1005-1008 Good Samaritan Society (2- duplexes)* 4
4 111 Sawyer Denton Affordable Housing* 2
5 3908&10,3816&18,3912&14 Stuart Rd Abbott Construction* 6
Year end total 55
1/1/2004 - 12/31/2004
1 1310 Scripture St City Parc Apts** 136
2 2601 W. Oak St West Oak Street Apts** 180
3 Edwards Rd The Timbers of Denton (bldg 1-40)** 480
4 3900 Montecito #1011-1014 Good Samaritan Society (2- duplexes)* 4
5 3500 Quail Creek Quail Creek Apts (Sldgs 1-11)** 264
Year end total 1064
1/1/2005 - 12/01/2005
1 630 Schmitz St 6-unit Apartment Complex** 6
2 613 Sernard St Ivy Commons** 15
3 1200 Cleveland The Exchange at North Texas** 288
Year end total 309
*By Development Code definition, two-family residential units are not considered Multi-family
* *Multi-family developments completed under the Denton Development Code Regulations
See Attachment 1 for UNT enrollment statistics.
Age of Multi-family Dwellings
According to the 2000 Census, 400 apartment complexes, containing 13,908 units of varying
ages, existed in the City of Denton. The following lists the age of the units:
. 886 units, or 6.3%, were less than 5 years old
. 74 units, or 0.5%, were 5 to 10 years old
. 3240 units, or 23.2%, were 10 to 15 years
. 2089 units, or 15%, were 15 to 20 years
. 7619 units, or 55%, were more than 20 years old
Age can be an indicator the condition housing. Over 93% of the apartment units in Denton
exceed ten years in age. The 2000 Census found there were 18,013 renter-occupied units in
4
Denton and of those, 13,359 were multi-family units, 4,220 were single and two-family rented
units and 434 were classified as other units (mobile homes, boats, RV's, etc.)
Housing Tenure
Housing tenure describes whether or not a dwelling unit is occupied by its owner or by a renter.
With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960,
the City of Denton's population of 26,844 represented more than 56% of all the population in
Denton County. Since then, the City of Denton contains a much smaller percentage of the
Denton County population and City of Denton housing tenure shifted dramatically toward rental
housing. Significantly more renter-occupied units have been added to the housing supply than
owner-occupied units. Between 1960 and 2000, additional renter-occupied housing grew by
14,988 units or 64% of all housing units added to the city's housing stock. However, as stated
above in the period from 1990 to 2000, more single-family units than multi-family units have
been permitted for construction.
TABLE C
City of Denton
Population & Housing Tenure
1960 - 2000
Year - ." - I -. - Units
1960 26,844 4,594 3,025
1970 39,874 6,106 5,790
1980 48,063 8,142 9,283
1990 66,270 10,058 15,661
2000 80,537 12,887 18,013
1960-2000 53,693 8,293 14,988
% Change 200% 181% 495%
1960-2000
Source: u.s. Census of Population and Housing, 2000, Denton Community Development 2005
Rental housing in the city is not only prevalent in typical multi-family structures, but extends to
single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%,
approximately one of every four occupied single-family units in Denton is renter-occupied. This
is a slight decrease from the 28% figure in 1990. The location of the 5,000 single and two family
rental units is not known although staff attempted to use utility bills for that analysis and was not
successful.
5
TABLED
City of Denton
Occupied Housing Stock
2000
Single Family 15,740 50.90% 11 ,520 73.20% 4,220 26.80%
Multi-Family 13,560 43.90% 201 1.50% 13,359 98.50%
Mobile Home 1,557 5% 1,130 72.60% 427 27.40%
Other 43 0.10% 36 83.70% 7 16.30%
Total 30,900 99.90% 12,887 41.70% 18,013 58.30%
Source: u.s. Census of Population and Housing; Denton Community Development 2005
Table E shows that, compared to benchmark cities, Denton had the lowest percentage of owner-
occupied units in 2000.
TABLE E
2000 Owner-Renter Com
Total 39,136 30,895 16,179
Owner-occupied 25,710 12,960 15,024
Renter-occupied 13,426 17,935 1,155
Source: u.s. Census of Population and Housing; Denton Community Development 2005
30,043
16,184
13,859
TABLE F
City of Denton & State of Texas
Owner Occupancy Rate
1960 - 2000
1960
1970
1980
1990
2000
60.3
51.3
46.7
39.3
41.7
64.8
62.7
67.2
60.9
63.8
Source: u.s. Census of Population and Housing, Denton Community
Develo ment 2005
6
Post 1979 8,285 6,255 14,540
1979 (SF and MF Units Built per Bldg Inspections) 809 190 999
1978 (SF and MF Units Built per Bldg Inspections) 199 293 492
Total Units 9,293 6,738 16,031
Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton City, Texas; City of Denton Building Permit Data for
1978 and 1979; Denton Community Development 2005
University Student Housing
Table H shows the location of housing for students at the University of North Texas, while the
data for Texas Women's University is shown in Table I.
TABLE H
Housin Location of UNT Students 2004-2005
Residence Hall 5098 16.36% 5262 16.42%
City of Denton 6114 19.62% 5619 17.53%
Denton County 3988 12.80% 4164 12.99%
Outside Denton County 15955 51.21 % 17002 53.05%
Total 31155 100.00% 32047 100.00%
Source: UNT
T ABLE I
University Student Residents in Denton (Off Campus)
2004 2005
TWU 1,342 1,336
UNT 6,114 5,619
Total 7,456 6,955
Source: UNT and TWU, 2005
. The tables show that the number of students living in Denton has declined by 501 since
2004. The total number of university students living in Denton and not on campus for
fall 2005 is 6955. What does this data tell us about multi-family dwellings in Denton?
. Can we assume that all 6955 live in apartments by themselves? No
. Can we assume that all 6955 live in apartments? No
7
. If all live in apartments and there are two students per apartment, then 3,477 apartments
in Denton are occupied by students.
. That represents 3,477 out of 17,371 apartments or 20.01 % of the apartments are rented by
students.
. We think this is high, since some students will live at home with family in Denton and
some will rent single-family homes, for example.
UNT intends to construct additional on-campus student housing in the future. The 20-year master
plan calls for the construction of an additional 3,300 beds assuming a student population of
41,000. The UNT land use plan showing future student-housing locations is on page 9.
TABLE J
UNT.
Beds Room Type Unit Type
Honors Hall 200 Singles Suite/Semi-suite
EagleDr. (South of Clark Hall) 200 Singles Suite/Semi-suite
Eagle Dr. (South of Maple Hall) 400 Singles Suite
Bradley S1. Redevelopment 500 Apts Apts
Welch Ave. 450 Singles Suite/Semi-suite
Sycamore StreeUCollege Inn 550 Singles Suite/Semi-suite
Eagle Point 400 Singles Apts
Fouts Field 600 Singles Suite
Total 3,300
Source: UNT Master Plan
8
UNT Future On Campus Housing Locations
Source: UNT Master Plan
9
Subsidized Housing
There are multi-family tax credit projects in Denton consisting of over 1,400 units. In addition
there are 943 rental-housing vouchers in the City of Denton, representing 63% of the housing
vouchers in Denton County.
TABLE K
Pecan Place 302 S Locust St 24 24 $209,406 Elderly 1993
Country Park Apartments 1606 E McKinney 120 120 $701,222 Family 1994
The Waterford At Spencer 2100 S Rd 208 156 $1,128,301 Family 1996
Oaks pencer
Pebble brook Apartments 191 Duchess Dr 250 250 $650,859 Family 1998
Rosemont @ Pecan Creek 3500 E McKinney 276 276 $932,246 Family 2001
Primrose @ Sequoia Park 1550 Mingo/University 250 250 $728,563 Elderly 2001
Providence Place I E of Brinker/N of 264 264 $1,039,028 Family 2002
Colorado
Renaissance 150 150 N/A Family 2004
Total 1542 1490
* Providence Place II has recently been approved by the Denton County Housing Finance
Corporation which will add 252 low-income units. When these units are developed, there will be
1,794 total tax credit units and 1,742 tax credit low-income units.
The Denton Affordable Housing Coalition rental portfolio consists of 68 units leased to disabled,
HOPE clients, DCMHMR, Adult Day care, and transitional housing needs clients.
10
TABLE L
Denton Housing Authority Subsidized units in COD Section 8 943
Country Park Apartments Affordable Family Units LI HTC 120
The Waterford at Spencer Oaks Affordable Family Units LI HTC 156
Rosemont at Pecan Creek Affordable Family Units L1HTC 250
Primrose at Sequoia Park Affordable Elderly Units L1HTC 250
Heritage Oaks (DHA) Subsidized Elderly Section 8 New 140
Construction
Pecan Place (DHA) Subsidized Elderly Units L1HTC; CDBG 24
Renaissance Courts (DHA) Affordable Family Units L1HTC & DHA 150
private
Pebble Brook Apartments Affordable Family Units Texas Multi- 250
family Bond
Quail Creek North Affordable Family Units LI HTC 264
Fairhaven Affordable Elderly Units Section 202 48
Fairoaks Subsidized Elderly Units Section 202 41
Denton Affordable Housing Corp. Units for Disabled Section 811 29
HOME & HTF
Denton Affordable Housing Corp. Transitional Housing Units FHLB, TDHCA, 22
HOME, Private
Denton Affordable Housing Corp. Affordable Family Units Private 7
City of Denton Elderly & Special Needs Subsidies HOME TBRA 5
TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 2,559
Source: Denton Community Development 2005
* Definitions:
LIHTC: Low-Income Housing Tax Credit
FHLB: Federal Home Loan Bank
TDHCA: Texas Department of Housing & Community Affairs
HOME TBRA: Home Investment Partnership Program Tenant Based Rental Assistance
HTF: Housing Trust Fund
SECTION 202: HUD provides interest-free capital advances to private, nonprofit sponsors to
finance the development of housing for the elderly and provides project rental assistance funds to
cover the difference between the HUD-approved operating cost for the project and the tenants'
contribution towards rent.
SECTION 811: HUD provides funding to nonprofit organizations to develop rental housing
with the availability of supportive services for very low-income adults with disabilities, and
provides rent subsidies for the projects to help make them affordable.
SECTION 8: Housing choice vouchers allow low-income households to choose and lease or
purchase safe, decent, and affordable privately owned rental housing. This is a HUD program,
administered locally.
11
TABLE M
Low Income Housing Vouchers in Denton County
City
Denton 943
Lewisville 347
Carrollton 70
The Colony 44
Sanger 17
Lake Dallas 16
Corinth 12
Aubrey 11
Flower Mound 7
Roanoke 5
Argyle 5
Little Elm 4
Pilot Point 4
Krum 1
Total: 1,486
63% of Denton County's housing vouchers are in the City of Denton
Source: Community Development, City of Denton, 2005
Single-family housing values
A comparison of taxable housing values between Denton and benchmark cities is shown in
Attachment 2. A comparison of single family housing values between Denton and benchmark
cities is shown in Attachment 3.
12
Single-Family To Multi-Family Ratio Analysis
Table N demonstrates that as the ratio between single family and multi-family shifts toward more
single family, the amount ofland needed to accommodate projected population increases.
TABLEN
Table N Single-Family to Multi-family Unit Ratio Analysis
60 2.8 168 70% 127,203 2.8 45,430 15,143 23.7
40 1.8 72 30% 54,515 1.8 30,286 2,163 3.4
240 17,306 27.0
80 2.8 224 86% 156,557 2.8 55,913 18,638 3,495 29.1 5.5
20 1.8 36 14% 25,161 1.8 13,978 998 -1 ,165 1.6 -1.8
260 19,636 2,330 30.7 3.6
75 2.8 210 82% 149,650 2.8 53,446 17,815 2,672 27.8 4.2
25 1.8 45 18% 32,068 1.8 17,815 1,273 -891 2.0 -1.4
255 19,088 1,782 29.8 2.8
70 2.8 196 78% 142,467 2.8 50,881 16,960 1,817 26.5 2.8
30 1.8 54 22% 39,251 1.8 21,806 1,558 -606 2.4 -0.9
18,518 1,211 28.9 1.9
65 2.8 182 74% 134,991 2.8 48,211 16,070 927 25.1 1.4
35 1.8 63 26% 46,727 1.8 25,960 1,854 -309 2.9 -0.5
17,925 618 28.0 1.0
Data presented to Council at its 10/13/04 Joint Work Session with the Planning and Zoning Commission
13
Educational Data
Attached is a series of data addressing educational attainment in Denton and benchmark cities
that may assist the Council in its discussion. (See Attachment 4.)
DISCUSSION POINTS
. Aggressive code enforcement
. Rental housing inspection
. Aggressive substandard housing removal (well beyond what IS currently funded by
CDBG)
. Open space dedication requirement
. Trail dedication requirement
. Road impact fee
. Minimum lot size requirement
. Market analysis requirement for housing proposals
. Support and lobby for fair share distribution of subsidized housing throughout the County
. Amend the mixed use zoning outside of downtown/university and planned communities
. Restrict Low Income Housing Tax Credit projects to the rehabilitation of existing older
(10+ years) rental housing or demolition and reconstruction of older rental housing,
similar to Renaissance Courts - DHA.
ATTACHMENTS:
1. UNT Enrollment Statistics
2. Taxes in Denton and the North Texas Region
3. Single Family Appraised Value
4. Educational Benchmarking Data
OTHER RELATED ATTACHMENTS:
5. Arlington Article
6. North Texas Area Schools Taxable Value by Student
Prepared by and respectfully submitted:
~~
Kelly Carpenter, AICP
Planning and Development Director
14
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Attachment 5
From:
Date:
Subject:
"Lewis F. McLain, Jr." <lfm@citybase.net>
9/20/2005 1:54:51 AM
Arlington: columnist says city needs to paddle out of denial
Posted on Mon, Sep. 19,2005
Arlington needs to paddle out of denial
By O.K. Carter
Star- Telegram Staff Writer
Arlington's reaction to recently released census data showing that the city's median
household income dropped an astonishing 14 percent since 2000 has been
reminiscent of retired General Electric CEO Jack Welch's popular five states of
crisis management.
Stage one is denial: Hey, things ain't that bad; the economy is recovering, we're
doing some stuff that will work. Isn't it great that so many people find the city to be
a place of opportunity?
Arlington is just beginning to slide into Welch's stage two, containment: Make it
disappear by blaming somebody else, the states and the feds being the most
popular targets.
Arlington's leadership hasn't gotten around to stages three, four or five yet. But we
need to recognize them when they show up.
Stage three is shame mongering, in which everyone covers his backside by taking
credit for action or blaming others for a lack thereof.
Stage four, Welch says, is blood on the floor, a level that I'd suggest Arlington is
closer to than anyone believes. That 14 percent drop in income took place before
several thousand broke, jobless Katrina evacuees showed up in Arlington, many
permanently. Soon, the city will be swamped by more requests for costly social
services and will be forced to initiate expensive and somewhat related
public-safety measures.
By the time the blood-on-the-floor stage occurs, it generally means that whoever is
in charge -- elected or appointed -- gets his or her head lopped off, figuratively
speaking. That would also include people responsible for economic-development
strategies. The socioeconomic changes involved were not their fault, but they took
place on their watch.
Stage five? The crisis gets fixed, though in this context fixed may simply mean that
the realities of a new status quo become the accepted norm. If that occurs, the flight
of wealth from the city will escalate.
What to do? The best strategy would be to take a realistic look at what's taking
place, bailout of the denial stage right now, skip stages two, three and four -- that
blood-on-the-floor thing is counterproductive and no fun -- and go right to the
fixing part.
Bottom line, less-affluent people are moving in, while more-affluent people are
moving out. The census data prove as much, so stop fighting it. It's also a free
country, which means that the only thing that will reverse the process is a change
in incentives from both ends.
Strategies should include upgrading housing (the city may want to set aside some
areas for upscale development) while discouraging more low-income housing.
Whatever obligation Arlington had to provide more affordable housing, it met long
ago.
Clearly, too, the local job market needs an upgrade -- the focus of economic
development must be on a pragmatic increase in better-paying jobs requiring
better-educated personnel.
Arlington does not go unarmed into the struggle, though some of its assets -- such
as mid-Metroplex location, accessibility and 50,000 apartment units -- are
attracting new lower-income residents.
The possibilities for entrepreneurial advancement with this labor pool are deep and
wide. The name identification from the presence of the Texas Rangers and "Dallas"
Cowboys is immense, and the advantages of an environment with two highly
credible public institutions of higher education cannot be overstated.
It's important to recognize that Arlington 10 years from now will be considerably
different from the one that exists now. That is inevitable. But it's also critical to
forgo as much of the five-step crisis process as possible, recognize new realities
and begin damage control immediately.
Attachment 6
North Texas Area Schools 2004-05
Highland Park Exemplary 6,150 5.6% 0.0% $7,805,563,264 $1,269,197
Northwest Reco nized 7,563 18.7% 19.4% $5,010,395,911 $662,488
Grapevine-Colleyville Acceptable 13,800 22.2% 11.0% $8,227,863,134 $596,222
Coppell Recognized 10,072 30.5% 5.6% $5,890,895,004 $584,878
Piano Acce table 52,113 40.3% 16.6% $27,901,712,003 $535,408
Carroll Recognized 7,324 10.6% 1.5% $3,648,184,076 $498,114
Prisco Reco nized 16,121 30.4% 10.4% $7,941,510,843 $492,916
Carrollton-Parmers Branch Acce table 25,815 69.5% 47.4% $12,269,081,579 $475,269
Richardson Acceptable 34,073 61.9% 45.3% $15,583,614,112 $457,360
Hurst - Euless- Bedford Acce table 19,426 42.5% 37.3% $7,283,663,046 $374,944
Dallas Acce table 157,743 94.2% 81.5% $58,613,126,523 $371,574
Lewisville Acceptable 45,335 33.1 % 19.5% $16,825,005,207 $371,126
McKinney Acceptable 17,857 33.7% 21.8% $5,954,995,488 $333,482
Allen Acce table 14,723 26.9% 10.3% $4,402,046,133 $298,991
Arlington Acce table 62,160 62.5% 49.3% $17,476,885,915 $281,160
Keller Acceptable 23,665 24.8% 12.7% $6,587,206,238 $278,352
Birdville Acce table 22,297 37.0% 40.6% $5,952,060,752 $266,944
Lake Dallas Acce table 3,744 22.6% 20.4% $983,444,235 $262,672
Irving Acceptable 31,879 77.9% 65.7% $7,645,867,084 $239,840
Duncanville Acce table 11,938 81.8% 51.2% $2,819,719,581 $236,197
Port Worth ISD Acceptable 79,576 83.1 % 71.6% $17,817,707,417 $223,908
Garland Acce table 55,781 63.1 % 42.9% $11,715,899,023 $210,034
Mesquite Acce table 34,649 58.0% 43.0% $5,805,583,183 $167,554
Grand Prairie Acceptable 22,801 76.7% 52.2% $3,622,929,292 $158,893
African American 11.80% Denton ISD % Tested Mean SAT Mean ACT
Hispanic 28.00% Class 2004 65.0 1020 21.1
White 57.50% Class 2003 66.6 1031 20.8
Asian/Pacific Islander 2.10% Class 2002 70.5 1036 20.8
Native American 0.60% Class 2001 75.6 1020 20.9
Source: Texas Education Agency - 2004-2005 Report
Complied: DISD December 30, 2005
Denton ISD Limited English Proficient - 15.1 %
AGENDA INFORMATION SHEET
AGENDA DATE:
January 10,2006
CM:
Planning and Development
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Receive a briefing, hold a discussion and give staff direction on a process and review criteria for
multi-family tax credit projects.
BACKGROUND
The Council requested that the staff propose a process and criteria for the review of Multi-
Family Tax Credit projects. A proposal for a process and review criteria for the consideration of
multiple family tax credit applications in the City of Denton is set forth in this staff report.
The Texas Multifamily Mortgage Revenue Bond Program issues mortgage revenue bonds to
finance loans for qualified nonprofit organizations and for-profit developers. To assist low-
income populations, financed properties are subject to what are known as "unit set-aside
restrictions" for low-income tenants, such as rent limitations and other requirements set by the
State of Texas. For example, owners may elect to set aside 20 percent of the units in each
project for households earning 50 percent or less than the area median income; or 40 percent of
the units for households earning 60 percent or less than the area median income. In fiscal years
2003 and 2004 in Texas, a total of $407 million was committed and 7,368 affordable multifamily
apartments were produced, according to the Texas Controller of Public Accounts Office,
February 2005.
Applicants for funding under the Revenue Bond or Tax Credit programs must seek approval by
resolution of the municipality in which they propose to locate a project, if that municipality has
more than twice the state average of units per capita supported by the programs. Since the
number of units per capita supported by the programs in the City of Denton is 2.454 times the
state average for such units, then such applicants will seek approval from the City. Denton has
approximately 0.0145 Texas Bond fund/Tax Credit units per capita.
A proposed process that could be used by the City of Denton for consideration of Tax Credit
Multiple Family projects is set forth in Attachment 1.
OPTIONS
1. Direct staff to proceed as submitted.
2. Direct staff to proceed with changes.
3. Direct staff to pursue an alternative path.
4. Table this item.
1
RECOMMENDA TION
Staff recommends that the Council proceed with amendments to the Development Code to
implement this process and the amendment to the fee schedule.
FISCAL INFORMATION
Staff recommends that a fee be charged to cover the cost of processing.
EXHIBITS
1. Draft Process
Respectfully submitted:
~~
Kelly Carpenter
Planning and Development Director
2
Attachment 1
Multi-family Tax Credit Process Proposal
1. Applicant presents a Tax Credit Multiple Family Application with appropriate
fees to the Planning and Development Department.
2. The Department processes the application according to its published procedures.
3. The Department adds Community Development to the list of reviewers.
4. The Department presents comments to the applicant.
5. After the review, staff will prepare all the documents necessary for Planning and
Zoning Commission and Council review of the request.
6. Staff will put the item on a Council agenda, prepare a staff report and ordinance,
and present the item to Council.
7. Approval by Council by ordinance will bind the applicant to the site plan, the
bedroom count and mix, and the amenities list.
8. Applicant may submit documentation of Council approval to funding agencies.
Implementation Plan
To implement this plan, the Denton Development Code needs to be amended at 35.3.4 A.
by adding the following:
"7. Consider an application for a Multiple Family Tax Credit Application."
This would mean that such an application would be treated like a zoning application and
would have a public hearing at the Planning and Zoning Commission and at the City
Council.
Further, the Denton Development Code needs to be amended at 35.12.14 by adding the
following:
"35.12.14. A. Definition: Multiple Family Tax Credit Application is an application to
the City of Denton for approval of a proiect proposed to utilize State of Texas tax credit
programs for the construction of multiple family proiects. These proiects may include
low-income proiects and lor elderly proiects.
B. Approval Process
1. Applicant presents a Tax Credit Multiple Family Application with appropriate
fees to the Planning and Development Department.
2. The Department processes the application according to its published procedures.
3. The Department adds Community Development to the list of reviewers.
4. The Department presents comments to the applicant.
5. After the review, staff will prepare all the documents necessary for Planning and
Zoning Commission and Council review of the request.
6. Staff will put the item on a Council agenda, prepare a staff report and ordinance,
and present the item to Council.
7. Approval by Council by ordinance will bind the applicant to the site plan, the
bedroom count and mix, the amenities list, and any other conditions placed by the
Council.
C. Information to be submitted
In addition the Tax Credit Application form, applicant will provide the following
informati on:
. Type ofproiect (elderly, low income, etc.)
. Number of bedrooms by size of bedroom
. Total number of bedrooms
. Documentation that Denton has than twice the state average of
units per capita supported by the State of Texas Tax Credit
programs.
. Type and amount of subsidy
. Distance from nearest tax credit or other type of subsidized
housing proiect
. List of the amenities and design features (e.g., landscaping,
streetscaping, pedestrian features, and the like) Census tract
demographic and income information for the tract in which the
proiect is proposed
. A detailed site plan
D. Review Criteria and Standards
. Applicants must demonstrate compliance with the applicable sub chapters of the
Denton Development Code (including but not limited to Sub chapters 5, 13,14,
and 16 -21).
. Applicants must identify the site design features they propose to enhance the
proiect over and above the minimum requirements in the Denton Development
Code. Applicant must identify by list and by drawing.
. Application must meet the intent of the Denton Plan.
Finally, the Development Review Fee Ordinance should be amended to add the
following:
Tax Credit Multiple Family Application: $1000
S:\Our Documents\Miscellaneous\06\0l ] 006 AIS Chapter 176 Final.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
January 10, 2006
DEPARTMENT:
Legal Department
CM/DCM/ ACM:
Ed Snyder, City Attorney
SUBJECT: Receive a report, hold a discussion and give staff direction regarding the
applicability of Chapter 176 of the Local Government Code to various City officers and vendors.
BACKGROUND: The last session of the Texas Legislature passed H.B. 914 which has been
codified as Chapter 176 of the Local Government Code entitled, "Disclosure of Certain
Relationships with Local Government Officers; Providing Public Access to Certain
Information." This legislation becomes effective on January 1, 2006. It may impact some
members of the City Council, some of your City board and commission members, as well as the
City Manager, and many City vendors and contractors.
Chapter 176 is applicable to certain local governmental officers and to City contractors and
vendors. The first part of the Act requires a conflict disclosure statement to be filed by local
government officers. The Act covers any local government officer who serves on a city council,
or is appointed to a board, commission or authority by a city councilor mayor. Based on our
study of the law and conversations with attorneys at the Texas Ethics Commission ("TEC"), the
Texas Municipal League ("TML"), and the Attorney General's Office, this law has a very broad
scope.
The first part of Chapter 176 requires the City Council, City board, commission and Denton
Housing Authority members, and the City Manager (City officers) to file "conflict disclosure
statements" with the City Secretary if they have certain employment or business relationships
with City vendors or contractors. This must be done within seven business days of becoming
aware of either of the following situations:
1. A City officer or the officer's family member has an employment or business relationship
that results in taxable income with a person who has contracted with the City or with
whom the City is considering doing business.
2. A City officer or the officer's family member receives and accepts one or more gifts with
an aggregate value of $250 in the preceding 12 months from a person who conducts
business or is being considered for business with the City. Gifts involving food, lodging,
transportation or entertainment are exempted from this disclosure requirement.
The second part of this law requires City contractors and vendors to file a "conflict of interest
questionnaire" if they have a contract or begin contract discussions or negotiations with the City.
It also requires them to disclose certain employment and business relationships with City
officers.
S:\OUT Documents\Miscellaneous\06\OII 006 AIS Chapter 176 Fina1.doc
DISCUSSION: Attorneys at the TEC have recently developed a conflicts disclosure statement
("CIS") and a conflict of interest questionnaire ("CIQ") form, which are to be filed by City
officers and City contractors and vendors with the City Secretary. Although the TEC created and
adopted the forms, it does not have authority to interpret or assist City officers in filling out the
forms. The TEC also did not provide adequate instructions for completing the forms. I have
discussed this new law and what is required to complete these forms with the City Manager and
some members of his staff. We have developed matrices explaining both the requirements for
City officers that have to fill out the CIS form and for the City contractors and vendors who may
have to fill out the CIQ form. Since TEC did not provide adequate instructions for completing
the forms, we also have provided a set of instructions for filling out and filing these forms. We
just learned that the Ethics Commission will consider adopting a revised CIQ form at its January
13, 2006 public meeting which, if adopted, may make it necessary to revise our instructions. Our
matrices, instructions and an explanation of the new law, as well as some questions and answers
prepared by the Texas Municipal League are attached for your guidance.
The law is complex and involves a number of legal issues. Even the attorneys at the Attorney
General's Office have not been able to completely explain some of Chapter 176's legal
requirements and how they may be applicable to City officers, contractors and vendors under
various fact situations. Accordingly, I and my staff will have to give legal advice and make our
own legal interpretations as to how certain portions of this Act will apply. We will continue to
monitor this new legislation and work with the attorneys at TML and the Attorney General's
office to help ensure our City officers, contractors and vendors are in compliance with Chapter
176. We have provided for an executive session to discuss legal issues related to this new law.
FISCAL INFORMATION: Chapter 176 imposes certain duties upon the City staff. The City
Secretary is required to keep a list of all the City officers who may be subject to this law and to
make this list available to the public and to any City vendor or contractor who may have to file a
CIQ form. All CIS and CIQ forms are required to be filed with the City Secretary. Additionally,
the City is required to provide access to the CIS and CIQ forms on the City's Internet Website.
Since the Act appears to affect many of the City's contractors and vendors, additional staff time
will have to be expended to comply with these requirements of the Act. At the present time, we
do not have a good estimate of the amount of additional costs that these duties may entail.
Page 2 of2
S:\Our Documents\Miscellaneous\06\CIS & CIQ.doc
INSTRUCTIONS FOR COMPLETING PURCHASING
CONFLICTS OF INTEREST DISCLOSURE FORMS
LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (CIS)
This form is required to be filled out by a City Council Member, Board or Commission member,
Denton Housing Authority member or City Manager (officer) if one of the following statements
is true:
1. The officer or the officer's close relatives (spouse, parents, children, father-in-
law, mother-in-law, son-in-law, daughter-in-law, etc.) have an employment or
other business relationship with a City contractor or vendor or someone whom the
City is considering doing business with that results in taxable income.
2. The officer or the officer's close relatives receive and accept one or more gifts
with an aggregate value over $250 from the contractor or vendor or person who is
being considered for business with the City over the proceeding 12-month period,
excluding any gift of food, lodging, transportation, or entertainment.
The officer must describe the nature and extent of the employment or business relationship with
the City contractor or vendor which includes any such employment or business relationship that
a close relative has with the City contractor or vendor.
The CIS form comes with instructions for completing the form, which the officer should follow.
The following are supplemental instructions given by the Texas Municipal League for
completing the form, which is available online at www.ethics.state.tx.us. Each number below
corresponds with the number on the CIS form:
1. Fill in the full name of the City official who must file the statement.
2. Fill in the office held by the officer who is filing the statement.
3. In the space provided, list the name of the person or entity who has contracted or
is seeking to contract with the City and with whom the officer or the officer's
family member has either an employment or a business relationship with the
person that results in taxable income, or from whom the City officer or the
officer's family member has received gifts.
4. Insert one of the following paragraphs as a possible descriptive answer to this
question:
a. I or my family member has an employment or other business relationship
that results in taxable income with a person who has contracted with the
City or the City is considering doing business with the person or entity
listed in number 3.
S:\OUT Docurnents\Miscel1aneous\06\CIS & CIQ.doc
b. lor my family member has been given one or more gifts, other than gifts
of food, lodging, transportation, or entertainment accepted as a guest, that
have an aggregate value of more than $250 in the l2-month period
preceding the date that I or my family member became aware that the City
executed a contract with the person or is considering doing business with
the person or entity listed in number 3.
5. Provide a list of gifts, if any, received from the person who is doing business with
the City or being considered for the business with the City. Write in "Not
Applicable" if this does not apply to you.
6. Review the statement to ensure that all information provided is accurate. Read
the affidavit and sign in the presence of a notary public.
CONFLICT OF INTEREST QUESTIONNAIRE (CIQ)
This is the more difficult of the two forms to complete because some ofthe language, both on the
form and in Chapter 176 of the Local Government Code, is vague. Based on conversations with
the Attorney General's Office and attorneys at the Texas Municipal League, it appears that
anyone contracting or who enters into negotiations with the City to sell the City goods or
services must fill out the form. Unlike the CIS form, there are no instructions for filling out the
CIQ form. We would advise the form be completed as follows with the numbers corresponding
to the numbers on the CIQ form:
1. Enter the name of the person filling out the form and the name of the business
entity that the person represents if this is not a sole proprietorship. You might
also indicate your position with the business entity, such as president or general
manager. If an agent of the contractor, vendor or person seeking to do business
with the City is filling out the form he or she should indicate his position with the
business entity or relationship with the contractor or vendor.
2. This box should only be checked if you are filing an update to a previously filed
questionnaire as is required by Chapter 176. Updates are required to be filed not
later than September 1 of each year when the contractor or vendor begins contract
discussions or solicits a contract and by the seventh business day after the date of
an event, which would make a statement in the questionnaire incomplete or
inaccurate.
3. Its the City Manager, through his employees, that makes recommendations with
respect to expenditures of money to the City Council unless this is a contract
involving either the Legal Department or the Municipal Court. In this case, you
should insert either the affiliation or what the business relationship would be with
the Municipal Judge or the City Attorney. If you have been dealing with the head
of a particular department like the Planning Director, you may also want to
indicate any affiliation or business relationship with that person. You should
describe any affiliation or business relationship with the employee or contractor.
If the City has hired a contractor who makes recommendations with respect to
Page 2 of 5
S:\OUf Documents\Miscellaneous\06\CIS & CIQ.doc
expenditures of money you are required to describe any business relationship or
affiliation with that contractor. For example, ABC Consulting is hired to rate and
recommend the highest ranked consultant who will be awarded a contract to study
compensation and benefits in the Police Department. If you are awarded or are
seeking this consultant contract you must name ABC Consulting who makes the
recommendation to award the contract and describe any affiliation or business
relationship you have with ABC Consulting. The affiliation or business
relationship with an employee or contractor is not defined. But we believe the
affiliation or business relationship needs to be disclosed only if it falls into one of
the following categories:
a. It results in taxable income to either the employee named or a close
relative of that employee or to the contractor who makes expenditure
recommendations.
b. The contractor or vendor has made gift in excess of $250 to the employee,
or a close relative of the employee or to a contractor who makes
expenditure recommendations.
c. The contractor or vendor has an affiliation or business relationship with a
corporation or other business entity in which the City employee or
contractor, who makes expenditure recommendations, serves as an officer
or director or holds an ownership interest often percent or more.
4. In most cases only the Mayor or the City Council may appoint or employ local
government officers, who are defined as either City Council members or
appointed board, commission or authority members or the executive officer of the
City. The vendor, contractor or person seeking a business relationship with the
City should describe any affiliation or business relationship with the Mayor and
the members of the City Council that fall into the categories listed in paragraph 3
above. If the matter involves the Civil Service Commission, any affiliation or
business relationship with the City Manager should also be described since the
City Manager appoints members to the Commission and the City Council
confirms that appointment.
5. A, B, C & D.
Section 5 of the questionnaire has to be completed only if the contractor, vendor
or person seeking a business relationship with the City has one of the three
relationships with a City Council, board, commission or authority member or the
City Manager described above and the answers to any of the parts A, B or C of
Section 4 is YES. If the contractor or vendor has one or more of those
relationships, than the contractor or vendor is required to answer parts A, B, C
and D of question 5 and to name the local government officer or officers with
whom the filer has an affiliation or business relationship. A, B, and C merely
require a "yes" or "no" answer. Part D requires a complete description of the
affiliation or business relationship.
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6. The contractor, vendor or person doing business must describe any other
affiliation or business relationships that might cause a conflict of interest. Since
the members of the City Council and many City boards and commission
members are subject to Chapter 171 of the Local Government Code and this is
the only conflict of interest standard that applies to local government officer that
is defined, we recommend the vendor or contractor disclose any of following
relationships:
1. If the contractor, vendor or person seeking to do business with the City has
a business relationship or affiliation with City Council, board or authority
commission member or City Manager which may result in
(a) the officer or close family member owning 10% or more of the voting
stock or shares of the business entity which is owned or affiliated with
the person filling out the CIQ form or
(b) 10% or more or $15,000 or more of the fair market value of a business
entity the person filling out the form owns or is affiliated with, or
2 If the City Council, board, commission or authority member may receive
more than ten percent of the local government officers gross income for the
previous year from some business or other entity the person filling out the
form owns or is affiliated with, or
3 If the local government officer owns an interest in real estate with a fair
market value of $2,500 or more in which the person filling out the form
also has an ownership interest.
If the vendor or contractor feels there is some other business relationship or
affiliation with the officer that could cause a conflict he or she should disclose
this or consult with his or her attorney before completing the form.
7. Read the statement to insure all information is accurate, consult with your
attorney if necessary and sign the statement.
FILING
Both forms should be filed with the City Secretary.
PENALTIES
It is noted that the CIS form requires the officer to sign an affidavit and to make a sworn
statement, subj ect to penalty of perjury, before a notary public whereas the questionnaire or CIQ
form requires only the signature of the contractor or vendor. Accordingly, the officer filling out
the CIS form should be especially careful to fully disclose the required information and make
sure that all the statements are true and correct. Any false statement in the form could subject
the officer to a liability for the criminal offense of either perjury or filing a false affidavit. The
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contractor or vendor filling out the CIQ form should also be careful they are filling out the form
completely and correctly, although this form does not require the contractor or vendor to swear
to it under penalty of perjury. The penalties for making an incomplete or false statement in the
CIQ form would not be as serious as making these statements in the CIS form. Knowingly
failing to fill out either form could subject the City officer, vendor or contractor up to a $500 fine
for a Class C misdemeanor. It is possible that an officer who has a contract or is negotiating a
contract with the City will need to complete both the CIS and CIQ forms.
Page 5 of 5
S:\Our Documents\Forrns\CIS matrix.doc
Conflicts Disclosure Statement (CIS)
To be Filed by Local Government Officer
(All References Chapter 176, Local Government Code)
General Description of Who
Must File
Who does the CIS law apply
to?
Can the City Council extend
the coverage of the law?
What reqUlres the local
governmental officer to file
the CIS?
What must the officer disclose
in the CIS?
Information on Answering
The Question
The City Council and any board,
commISSIOn or authority for which a
member is appointed by the Mayor or the
City Council. It includes all City boards and
commissions, including advisory boards like
the Library Board, as well as discretionary
boards like the Planning & Zoning
Commission and the Denton Housing
Authority). It also applies to any person
designated as the executive officer of the
local governmental entity (the City
Manager).
The City Council can extend the CIS
disclosure requirements to any or all of its
employees.
When the Council, board, or commission
member, or the City Manager or a close
family member of the City officer (parent,
child, spouse, father-in-law, mother-in-law,
son-in-law, daughter-in-law, etc.) has an
employment or other business relationship
with a City contractor or vendor which:
(1) results in taxable income to the officer or
the close family member or
(2) the officer or close family member has
received gifts from the City contractor or
vendor, other than food, lodging,
transportation or entertaimnent, having an
aggregate value of more than $250 in the 12-
month period preceding the date the officer
becomes aware that the City has contracted
with the contractor or vendor the City is
considering such a contract.
(1) An employment or other business
relationship including the extent of the
relationship which results in taxable income.
(2) Any gifts received by the officer or a
close family member from the contractor or
vendor during the 12-month period as
mentioned above if the aggregate value of
Applicable
Law
176.001(4)(a)(b)
176.005
176.003
176.004
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General Description of Who
Must File
When is the officer required to
file the CIS?
Information on Answering
The Question
the gift exceeds $250.
(3) The officer must also acknowledge that
the disclosure applies to a close family
member and the statement covers the 12-
month period preceding the date the officer
becomes aware of the contract or the
negotiations.
Not later than 5:00 p.m. on the seventh
business day after the date on which he or
she becomes aware that a City contractor or
vendor with whom he or a close relative has
an employment or business relationship or
has given the officer or relative a gift
exceeding $250 that results III taxable
income, has contracted with or entered into
contract negotiations with the City.
Page 2 of2
Applicable
Law
176.003(b )
S:\Our Documents\Forms\CIQ matrix.doc
Conflict Of Interest Questionnaire (CIQ)
(All References to Chapter 176 Local Government Code)
General Description of Who
Must File
Who must file the CIQ?
When is the City contractor or
vendor required to file the
CIQ?
What must the vendor or
contractor disclose m the
CIQ?
Information on Answering
The Question
Any person who contracts or begins contract
discussion or negotiations with the City for
the sale or purchase of property, goods or
services must file the CIQ. This includes
submitting a bid on a City contract and may
include purchase orders, procurement card
purchases and more, as well as persons or
businesses who make purchases of City
property, or participate in other purchases or
sales transactions, according to the Texas
Municipal League.
On or before the seventh business day after
the date that the vendor or contractor begins
contract discussions or negotiations with the
City or submits to the City an application,
response to an RFP or bids, correspondence
or any other writing relating to a potential
agreement with the City.
The vendor or contractor must disclose:
(1) each affiliation or business relationship
with a City officer (City Council, board
commission or Denton Housing Authority
member, City Manager);
(2) each affiliation or business relationship
under which the City officer receives or is
likely to receive, taxable income from the
contractor or vendor;
(3) each affiliation or business relationship
with the City by which the contractor or
vendor receives or IS likely to receive
taxable income that:
(a) is received either from or at the direction
of the City officer;
Applicable
Law
176.006(a) and
176.002
176.006 (a)
176.006
S:\Our Documents\Fonns\CIQ matrix.doc
General Description of Who
Must File
When IS the contractor or
vendor required to update the
CIQ form?
Information on Answering
The Question
(b) is not received from the City;
(4) each affiliation or business relationship
with a corporation or other business entity
for which a City officer serves as an officer
or director or holds an ownership interest of
10% or more;
(5) each affiliation or business relationship
with an employee or contractor with the City
who makes recommendations to the City
officer with respect to the expenditure of
money;
(6) each affi1iation or business relationship
with any member of the City Councilor the
City Manager in the event of a matter
regarding the Civil Service Commission;
(7) any other affiliation or business
relationship that might cause a conflict of
interest.
Not later than September 1 of each year in
which the contractor or vendor begins
contract discussions or negotiations with the
City or submits a bid or other writing to
obtain a City contract; and within the
seventh day after the date of the event that
would make a statement in the questionnaire
incomplete.
Page 2 of2
Applicable
Law
176.006(d)
S:\OUT DocumentslForms\CIQ Matrix-Gen Responsibilities.doc
General Description of Who
Must File
What are the responsibilities
of the City Secretary and other
City officials who are
handling the CIS and CIQ
forms?
What are the penalties for any
officer or employee or vendor
who fails to file a CIS or CIQ?
Is City officer who also
happens to have a contract
with, or IS negotiating a
contract with the City required
to file both the CIQ and CIS
forms?
GENERAL RESPONSIBILITIES
Information on Answering
The Question
Both forms must be filed with the City
Secretary. The City Secretary must also
maintain a list of City officers and shall
make the list available to the public and any
contractor or vendor who may be required to
file a CIQ (questionnaire). The City must
also provide access to the CIS and CIQ
forms filed under Section 176 on the City's
Home Web Page.
A known violation is a Class C misdemeanor
which carries a maximum $500 fine if the
officer or vendor or contractor fails to file a
CIQ or CIS not later than 5:00 p.m. on the
seventh business day after the date he or she
becomes aware of the contract or contract
negotiations. It's a defense to prosecution if
the required CIS or CIQ form is filed not
later than the seventh business day after the
date the person receives notice of violation.
A City Council, board or commISSIon
member, and the City Manager may also be
guilty of perjury or filing a false affidavit if
they knowingly make a false statement on
the CIS form.
Yes, if the City officer involved or a close
family member is receiving or will receive
taxable income from the contract with the
City.
Applicable
Law
176.007 &
176.009
1 76. 003 (c)(d)
and
176. 006( f)(g)
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A
"local government officer" is defined as a member of a governing body of a local government entity or a
director, superintende nt, administrator, president, or other person designated as the executive officer of the
local government entity. This form is required to be filed with the records administrator ofthe local governmental
entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of
the facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local
Government Code. An offense under this section is a Class C misdemeanor.
Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement
to file this form.
INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of person described by Sections 176.002(a) and 176.003(a), local Government Code. Enter
the name of the person described by Section 176.002, Local Government Code with whom the officer has an
employment or other business relationship as described by Section 176.003(a), Local Government Code.
4. Description of the nature and extent of employment or business relationship with person named
in item 3. Describe the nature and extent of the relationship of the employment or other business relationship
with the person in item 3 as described by Section 176.003(a), Local Government Code.
5. List gifts if aggregate value of the gifts received from person named in number 3 exceed $250.
List gifts received during the 12-month period (described by Section 176.003(a)(2)(8), Local Government
Code) by the local government officer or family member of the officer from the person named in number 3
that in the aggregate exceed $250 in value.
6. Affidavit. Signature of focal government officer.
Adopted 1110212005
LOCAL GOVERNMENT OFFICER FORM CIS
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the back.)
This is the notice to the appropriate local governmental entity that the OFFICE USE ONLY
following local government officer has become aware of facts that require
the officer to file this statement in accordance with chapter 176, Local Date Received
Government Code.
~ Name of Local Government Officer
~ Office Held
~ Name of person described by Sections 176.002(a) and 176.oo3(a), Local Government Code
~ Description of the nature and extent of employment or business relationship with person named in item 3
iJ List gifts if aggregate value of the gifts received from person named in item 3 exceed $250
Date Gift Received Description of Gift D Did Not Accept Gift
Date Gift Received Description of Gift D Did Not Accept Gift
Date Gift Received Description of Gift D Did Not Accept Gift
(attach additional forms as necessary) ~.,
~ AFFIDAVIT
I swear under pena Ity of perjury that the above statement is true and correct. I acknowledge that
the disclosure applies to a family member (as defined by Section 176.001(2), Local Government
Code) of a government officer. I also acknowledge that this statement covers the 12-month period
described by Section 176.003(a)(2)(b), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me, by the sa id . this the day
of .20 . to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer admin istering oath Title of officer administering oath
AQoptOQ 1110212005
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
OFFICE USE ONLY
Date Received
A person com mitts an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
The Texas Ethics
Commission will
consider adoption
of the form at its
January 13, 2006,
public meeting.
.!J Name of person doing business with local governmental entity.
Il
D Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
[] Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
iJ Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer ofthe local governmental entity that is the sUbject of this questionnaire.
OraftOl11312006
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
Page 2
For vendor or other person doing business with local governmental entity
~ Name oflocal government officer with whom filer has affilitation or business relationship. (Complete this section only if the
answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
DYes
DNO
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
DYes
DNO
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more?
DYes
DNO
D. Describe each affiliation or business relationship.
~ Describe any other affiliation or business relationship that might cause a conflict of interest.
lZJ
Signature of person doing business with the governmental entity
Date
Draf! 01113/2006
, What Is a "Conflicts Disclosure.Statement"and Do I Have to File One?
Page 1 of5
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Legislative Services
WHAT IS A "CONFLICTS DISCLOSURE
STATEMENT" AND DO I HAVE TO FILE ONE?
H.B. 914, passed during the 2005 legislative session, becomes effective on
January 1, 2006. The bill enacts Local Government Code Chapter 176. It
requires that mayors, council members, city managers or administrators, and
certain other city officials (all referred to as "city officers" throughout this article)
must file a "conflicts disclosure statement" with a city's records administrator
(usually the city secretary) within seven days of becoming aware of either of
the following situations:
· A city officer or the officer's family member has an employment or business
relationship that results in taxable income with a person who has contracted
with the city or with whom the city is considering doing business.
· A city officer or the officer's family member receives and accepts one or more
gifts with an aggregate value of $250 in the preceding 12 months from a person
who conducts business or is being considered for business with the officer's
city.
The bill also requires a vendor that wishes to conduct business or be
considered for business with a city to file a "conflict of interest questionnaire."
The conflicts disclosure statement (FORM CIS) and the conflict of interest
questionnaire (FORM CIQ) were created by the Texas Ethics Commission
(TEC) and are available online at www,eth!C8.,.s.t9te.tx,y.$...
Although the TEe created and adopted the forms, it does not have
enforcement or interpretative authority. In fact, the TEC did not provide
adequate instruction to fill out FORM CIS. Therefore, TML has prepared the
following Q&A to assist city officials in complying with the bill.
~[Q)
What is H.B. 914?
Effective January 1,2006, H.B. 914 requires that certain city officials file a
"conflicts disclosure statement" if they receive taxable income or certain gifts
http://www.tml.org/leg_updates/legis_update121605b_disc1osure.htm
12120/2005
What Is a "Conflicts Disclosure/Statemenf'and Do I Have to File One?
from any person or business that contracts with a city or is considering doing
business with the city. The bill also requires any person or business that
contracts with a city or is considering doing business with a city to file a
"conflicts of interest questionnaire." The bill provides that failure to file the
statement or questionnaire is punishable as a class C misdemeanor.
What local governmental entities are subject to H.B. 914?
. Cities;
· Local government corporations (e.g., economic development corporations);
· City boards and commissions (e.g., boards of adjustment and planning and
zoning commissions);
· City authorities (e.g., housing authorities); and
· Almost every other type of political subdivision in Texas.
What vendors are subject to H.B. 914? :
· Any person who contracts or seeks to contract for the sale or purchase of
property, goods, or services with a local governmental entity; and
· An agent of a person who contracts or seeks to contract for the sale or
purchase of property, goods, or services with a local governmental entity.
Does this include a person who buys city property?
The bill appears to apply to all persons or businesses who conduct business
with a city, including those who submit bids on city contracts, make purchases
of surplus city property, or participate in any other purchase or sales
transactions with a city.
What local government officials are subject to H.B. 9147
For most cities, the following officers are subject to H.B. 914:
· Mayors and city councilmembers;
. A city manager or administrator;
· City board, commission, and authority members;
· Economic development corporation board members;
· An executive director of an economic development corporation; and
· Any other person who is designated as an executive officer of a city.
What triggers the requirement that a city official file a conflicts
disclosure statement?
An officer who is subject to the bill, as outlined above, must file a conflicts
http://www.tml.org/leg_updates/legis_updateI21605b_disc1osure.htm
Page 2 of5
12/20/2005
What Is a "Conflicts Disclosur~Statemenf'and Do I Have to File One?
disclosure statement within seven days of becoming aware of either of the
following situations:
· A city officer or the officer's family member has an employment or business
relationship that results in taxable income with a person who has contracted
with the city or with whom the city is considering doing business.
· A city officer or the officer's family member receives and accepts one or more
gifts with an aggregate value of $250 in the preceding twelve months from a
person who conducts business or is being considered for business with the city.
What is a family member for purposes of the bill?
A family member is defined as a person related to another person within the
first degree by consanguinity (blood) or affinity (marriage). This definition
includes a spouse, father, mother, son, daughter, father-in-law, mother-in-law,
son-in-law, and so on.
Does receiving gifts such as food, lodging, transportation, or
entertainment make a city officer subject to the bill?
No, such gifts, regardless of amount, do not trigger the conflicts disclosure
statement requirement.
With whom should the statement be filed?
The statement should be filed with the city's records administrator, which is
usually the city secretary.
What happens if a statement is not filed?
An officer who knowingly fails to file the statement commits a class C
misdemeanor. A class C misdemeanor is punishable by a fine of up to $500.
Is there a defense to prosecution?
Yes. It is a defense to prosecution if the officer files the statement no later than
seven business days after the officer receives notice of a violation.
Who must file a "conflict of interest questionnaire"?
Any person who contracts or seeks to contract for the sale or purchase of
property, goods, or services with a city (including submitting a bid on a city
contract) must file a questionnaire.
http://www.tml.org/leg_updates/legis_update121605b_disc1osure.htm
Page 3 of5
12/2012005
What Is a I1Conflicts Disclosur~ Statement"and Do I Have to File One?
To what type of contracts does the bill apply?
Any written contract and any implied contract, such as purchase orders,
procurement card purchases, utility purchases, and more. As written, the bill
appears to apply to any purchase made by a city. Of course, that interpretation
will be extremely burdensome to many cities. A more reasonable interpretation
is that the bill only applies to large, written contracts. But the plain language of
the bill does not unambiguously support that view. Thus, city officials should
consult with local legal counsel to determine how strictly they wish to interpret
the bill.
When must a vendor file the conflict of interest questionnaire?
A person who wishes to conduct business with a city must file a questionnaire
no later than seven days after the date the person begins contract discussions
or negotiations with the city, or submits an application or response to a request
for proposals or bids, correspondence, or another writing related to a potential
agreement with a city.
With whom should the questionnaire be filed?
The questionnaire should be filed with the city's records administrator, which is
usually the city secretary.
What other requirements are listed in the bill?
· A city is required to maintain a list of city officers who are subject to the bill and
make the list available to the public.
· A city is required to provide access to the statements and questionnaires on the
city's Internet Web site.
How do I go about filling out the conflicts disclosure statement form?
The following are supplemental instructions to completing "FORM CIS: Local
Government Officer Conflicts Disclosure Statement", which is available online
at www.ethics.state.tx.us. Each number below corresponds with the number
on FORM CIS:
1. Fill in the full name of the city officer who must file the statement.
2. Fill in the office held by the officer who is filing the statement.
3. In the space provided, list the name of the person or entity who has
contracted or is seeking to contract with the city and with whom the officer
or the officer's family member has either an employment or a business
relationship with the person that results in taxable income, or from whom
the city officer or the officer's family member has received gifts.
http://www . tml.org/leg_ updates/legis_update 121605b _ disclosure.hhn
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What Is a "Conflicts Disclosur~ Statement"and Do I Have to File One?
4. Insert one of the following paragraphs as a possible descriptive answer to
this question:
a. I or my family member has an employment or other business
relationship that results in taxable income with a person who has
contracted with the city or the city is considering doing business with
the person or entity listed in number 3.
b. I or my family member has been given one or more gifts, other than
gifts of food, lodging, transportation, or entertainment accepted as a
guest, that have an aggregate value of more than $250 in the 12-
month period preceding the date that I or my family member
became aware that the city executed a contract with the person or is
considering doing business with the person or entity listed in number
3.
5. Provide a list of gifts, if any, received from the person who is doing
business with the city or being considered for business with the city. Write
in "Not Applicable" if this does not apply to you.
6. Review the statement to ensure that all information provided is accurate.
Read the affidavit and sign in the presence of a notary public.
The bottom line is this: passage of H.B. 914 was unnecessary because
Chapter 171 of the Local Government Code already addresses true conflicts of
interest. The bill is poorly drafted and subject to differing interpretations. As
such, cities are struggling with its implementation. TML will continue to monitor
the bill and work with our city attorneys and member city officials over the
coming weeks to share information on implementation strategies.
Please contact the TML Legal Services Department or your local legal counsel
with questions.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this document without
the written authorization of the
Texas Municipal League.
6ack_t.9 Legislative Update.Jm;JJ~x
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@)ZOOS Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128; (512) 231-7400
http://www.tml.org/leg_updates/legis_update121605b_disc1osure.htm
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