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HomeMy WebLinkAbout10-17-1995 • f i CITY COUNCIL AGENDA PACKET 10-17-95 j I i ~J j ~ i ail . r i, f lr ~ n fly n' 0 • AGENDA CITY OF DENTON CITY COUNCIL ~ October 17, 1995 Closed Meeting of the City of Denton City Council on Tuesday, October 17, 1995 at 5:45 p.m, in the Civil Defense Room of. City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE.. 5:45 p,m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 552.071 1. Discuss settlement and defense of contemplated litigation concerning the denial to rezone 3.853 acres from SF-7 to Office zoning on the south side of 135-E and Lindsey Street- B. Real Estate Under TEX. GOVT CODE Sec, 551.072 C, Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discuss the appointment and employment of a part-time Assistant Municipal Judge to fill in during vacancies of the Acting Municipal Judge. (Open meeting discuss and take action) Regular Meeting of the City of Denton City Council on Tuesday, October 1.7, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of July 21-22, 1995 and July 25, ].995. • 3. Citizen Reports k A. Receive a citizen report from Carl Williams regarding a Racial Diversity Task Force and a Citizens Police Review Board B. Receive a citizen report from Herman Wesely regarding a Racial Diversity Task Force. 1 e ' 4. Citizen Requests • r A. Consider a request from Julia LoSoya for an m.xception to the k noise ordinance for a band concert at th,3 North Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a,m, • 0 i • • City of. Denton City Council Agenda AoRdsw October 17, 1995 Aplnd7 bm Page 2 !A 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance to rezone 2.233 acres from Specific Use Permit 5--140 (with underlying Agricultural [A) zoning) to the General Retail Conditioned (GR(c)) zoning district on property located on the northwest corner of Ryan Road and Teasley Lane. (The Planning and Zoning Commission recommends approval, 7-0.) B. Hold a public hearing and consider adoption of an ordinance to rezone 2.0015 acres from the Single Family 7 (SF-7) zoning district to the bight Industrial Conditioned (LI[c)) zoning district on property located on the southwest corner of Morse and Woodrow. (The Planning and Zoning Commission recommends approval, 6-D.) C. Hold a public hearing for citizen comments on the status of projects and activities for she Community Development Block Grant and the HOME Partnership Investment Prog.-am and on the City of Denton's 1994 Grantee Performance Report. 6. Variances A. Consider a variance to Section 34-124 (g) (1) of the Code of ordinances concerning drainage easement dedication for the Muenks Addition plat. The subject property consists of 2.171 acres located on the southwest corner of Hinkle Drive and Haggard Lane. (The Planninq and Zoning Commission recommends denial, 5-2.) 71 Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The city council has received background information and has had an opportunity to raise questions regarding these items 0 prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items B.A, B.B. S.C, B.D). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent ® Agenda. Upon the receipt of a "request to speak" form from a citizen • . regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders: 1. Bid #1715 - Mowing and Trash Removal 2. Bid #60198 - Advanced Control Systems • I- a City of. Denton City Council Agenda Apra, up. October 17, 1995 Apmu NM Page 3 B, Contracts 1. Denton City-County Nursery 2. Denton County Friends of the Family 3. Fred Moore Day Nursery 4. HOPE, Inc. 5. North Texas Community Clinics 6. SPAN 7. TWU CARES Health Center. 8. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bide and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1715) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.2. - Bid #60198) C. Consider adoption of an ordinance authorizing the City Manager to sign contracts between the City of Denton and Denton City- County Nursery; Denton County Friends of the Family; and Fred Moore Day Nursery. (6.B. 41-3) D. consider adoption of an ordinance authorizing the City Manager to sign a contract between the City of Denton and Services of Denton County, Inc.; HOPE, Inc.; North Texas Community Clinics; SPAN; and TWU CARES Health Center. (6.B. #4-7) 9. Ordinances A. Consider adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of y Denton and Texas Woman's University dated February 7, 1995 to allow for additional time for expenditure of funds. • B. Consider adoption of an ordinance approving the 1995 tax rolls. C. Consider adoption of an ordinance approving guidelines for operation of the City of Denton Homeowner Rehabilitation Program and eligibility criteria and authorizing expenditures in excess of $15,000 for projects meeting Program guidelines 0 and criteria. D. Consider adoption of an ordinance approving guidelines for operation of the City of Denton Optional Reconstruction Program and eligibility criteria and authorizing expenditures in excess of $15,000 for projects meeting Program guidelines and criteria. O O • t AWdA NO. City of Denton City Council Agenda AQW41him ' October 1.7, 1995 Page 9 j ~ E. Consider adoption of an ordinance approving a contract between the City of Denton and the Barworth Corporation; authorizing tLe Mayor and the City Manager to execute any and all documents necessary to consummate the purchase of real p operty in accordance with said contract; and au--horizing the e;.penditure of funds. (The Planning and Zoning Commission recommends approval, 9-0.) F. Consider adoption of an ordinance authorizing the purchase of 29.612 acres of land from Harold C. Coe. (The Planning and Zoning Commission recommends approval 6-0.) G. Consider adoption of an ordinance authorizing certification and educational pay fox sworn officers of the Police Department who hold a Master Peace officer Certification from the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE) or a Master's Degree, 10, Resolutions A. Consider approval of a resolution authorizing the City Manager to execute a public transportation contract and subsequent amendments with the Texas Department of Transportation. B. Consider approval of a resolution approving and authorizing execution of an interlocal agreement for participation in a ! public funds investment cooperative, designating the Board of Directnrs of the Cooperative as an agency and instrumentality to supervise the Cooperative; approving investment policies of the Cooperative; appointing authorized representatives; and designating investment officers, (The Investment Committee recommends approval,) C. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services. 11. Receive a report and give staff direction regarding nomination(s) • to the Denton Central District Appraisal Review Board. 12. Consider a program for the update of the Denton Development Plan. (The Planning and Zoning commission recommends approval, 6-0.) 13. Consider nominations/appointments to the City's Boards and commissions. • • 19, Discuss and take action regarding the appointment and employment of 0 a part-time Assistant Municipal Judge to fill in during vacancies of the Acting Municipal Judge, 15. Vision Update 16. Miscellaneous matters from the City Manager. • 0 , • _ w • City of Denton City Council Agenda October 17, 1995 A~dIMO. t Page S 14Mn OM 17, Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 18. New Business This item provides a section for Council Members to suggest items for future agendas. 19. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX, GOVT CODE Sec. 551.072 i C. Personnel /Board Appointments Under TEX. GOV'T CODE Sec. 551.079 C E R T I F I C A T E I certify that the t+bove notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the __day of 1995 at _ -o'clock (a.m.) (p.m.) i CITY SECRETARY NOTE: THE CITY OF DENTON CITY COU14CIL 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 566-8309 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. ACC002C4 e L. 0 ~ f DENTON ~ooaoaoaQoaooo ooo~ o ~ ~ ~ o00 d o 0 0 t o Q o O OO~~~,o N ~ ~~-000 { ooooa Qoooo ooaaa ° ITS' COUNCIL . e o • G7 O S-037 CITY OF DENTON CITY COUNCIL MINUTE JULY 21, 1995 The Council convened into the Annual Planning S _ da July 21 at the Marriott Solana, Westlake, Texas. PRESENT: Mayor Castleberry; Mayor Fro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None City Manager Harrell stated that staff would be presenting reports to the Council and receiving direction when necessary. Most of the presentations would be issues which the Council will need to make a decision on during the next year. This would focus on major items which would be considered later. Bob Saunders would be " facilitating the Saturday meeting. Staff had also posted the issue of the hotel/motel occupancy tax funds and related issues. r The Council received reports, held discussions and gave staff direction regarding the following: Parks Master Plan UiDdate Ed Hodney, Director of Parks and Recreation, stated that the purpose of the Parks Master Plan was to define a mission and vision which reflected Denton today and tomorrow; to establish service priorities, levels and standards; to guide capita]. improvement decisions; to guide annual budget decisions; to establish a road map for citizens, staff and policy makers alike to follow; and to convey a sense of purpose. Recommendations from the 1984 Master Plan included the construction of a community center on Denton's east side, expand the senior Center, develop a bikeway master plan, and acquire and develop 100 acres for neighborhood parks. Actions associated with those recommendations included the completion of the Martin Luther King, Jr. Recreation Center in 1989; the completion of the senior Center expansion in 1990; the completion of a bikeway master plan draft; and the acquisition of South Lakes Park in 1997, other recommendations included the renovation of existing parks which was not funded in the 1986 bond program; the development of the North Lakes Soccer complex which was competed in 1995; the landscaping of highly visible public areas such as the completion of the landscaping of Dallas Drive, Colorado Blvd., and Lillian Miller Parkway; and expanded programming for seniors and youth which was on going. A new strategic plan was necessary due to an increase in population, the new capital improvements program, the aging of some of the facilities, and the changes in design/ construction standards. The vision project would provide a link between parks, landscaping and economic development with a ? need to devise new funding strategies. The second step in the Master Plan process was to review where the Parks and Recreation z Department was going, to develop a vision, to define broad strategic issues, and to develop goals. The third step in the ' O J Master Plan was the development of tactical planning in which specific yearly action plans would be developed. Step four would ; involve the adoption of the Master Plan. The fifth step involved the annual action plans and Step six would begin a new strategic plan in the year 2000. His vision for the Denton's parks would be ! to have characteristics which were effectively planned, financed and managed in collaboration with others; emphasis on quality over • • City of Denton city Council Minutes A"WA110, July :,1-22, 1995 APOONm Page 2 quantity= balanced care for existing facilities with the need to grow; equal access to services and facilities; environmentally responsible) and responsive to the diverse and ever-changing needs of the consumer. He felt the parks and recreation services were a vital component of Denton's image and economic development growth strategies. Council Member Cott suggested a botanical gardens as an extension of the Campus Theater. He could see that this might be the next piece in the development. Hodney stated that Denton needed to find something which was creative and innovative. Consumers were changing and were changing rapidly. Council Member Young felt that a water garden was the number one item for Denton. Denton currently had nothing except for a swimming pool. Many people from all over the County came to that pool. Something like a water garden would be a big success and could pick up the tourist trade in Denton. He felt it would be worth a half cent sales tax. Council member Miller stated that one area to consider was maintenance as it was necessary to maintain what the City currently had. If not, citizens would be skeptical of new facilities. Private sector cooperation was needed including the universities. City Manager Harrell states' that in the recommended CIP program the vast majority of park money which would be initially programmed would be to renovate and upgrade the existing parks. That bond issue was needed in order to do those projects. i . Mayor Pro Tern Biles stated that the park grounds could have color without flowers which would require less maintenance. There was a need to avoid high maintenance kinds of plants rather than something which required a lot of maintenance. Space Master Plan_ !vdate ' • Bruce Hennington, Facilities Manager, stated that he would be presenting the Master Space Plan History, the objectives for City 4all Renovation and a strategic approach to space and facility planning. He reviewed an overhead presentation which was included in the agenda bark-up materials. Mayor Castleberry asked if any outside space would be leased by the ' ® City when the renovation of City Hall West was completed. • A J City Manager Harrell stated that when the City Hall renovation was completed, the City would not be leasing any space. The Community Development Office would office in City Hall when the renovation was completed, p F 0 e) • City of Denton City Council Minutes AMU NO If July 21-22, 1995 Aplnda htm Page 3 Dig j Council Member Cott suggested looking at the North Texas Community F College for more than just the current space it was occupying. The College was considering closing its Lewisville location and perhaps it could be consolidated in Denton. 4 City Manager Harrell stated that that volume could not be l accommodated in the Denton Municipal Complex. The City could help the College move into the community but not into the Denton Municipal Complex. t Council discussed the pros and cons regarding the taping of the work sessions and the informal and formal feelings of each type of setting. Brent Byers, Corgan and Associates, preE:ented a videotape of city council chambers from area cities for the Council to review. He also reviewed the budget aspects of the renovation. Betty McKean, Executive Director for municipal services and Economic Development, stated that the next step would be to seek city council approval for the Master Plan, budget for the City Hall renovation and hire a project architect. City Manager Harrell stated that if Council approved the budget package, then the next step would be to hire an architect. Council Member Krueger asked for the time line if an architect were hired soon after passage of the budget. He wondered if the time frame could be worked so that the construction expenses were spread out over two budget cycles. Byers atated that it would take approximately six months for the design phase and construction could be staged to occur over a six month to a year period depending on how the Council wanted to do the different sections of construction. There would be a certain amount of disruption of employees during this construction. Mayor Pro Tem Biles expressed a concern regarding the disruption of the work process of staff in city Hall. Byers replied that individuals could work in the old engineering area while renovation work took place in other offices. city Manager Harrell stated that by law, the money would have to be appropriated before a contract was entered into, The facility would have to be designed and then split the contract in half with 0 bid for only stage one work for $201,000, Then the next fiscal ~ • • year Council would have to return for stage two, Economically there would bc some problems with that type of contract. Council Member Krueger asked staff to look at some scenarios with construction taking place in two phases in two budget years for cost control, • • Agenda No. City of Denton City Council Minutes - July 21-22, 1995 Agenda Item Page 4 DO i.j r Council Member Brock stated that there should be at least one or n more public hearings for public input regarding the proposed renovations for city Hall. Anngxation Rick Svehla, Deputy City Manager, stated that over the years the City had been fairly aggressive with annexations. Large amounts of building activity were beginning to take place in the general area to the north of the City between Sherman Drive and Locust and near Lake Ray Roberts. The City of Aubrey had also indicated that they would like co establish an agreement line between the two cities. City Manager Harrell stated that a policy decision was needed from the Council. In the past, the City had taken a policy that when there was substantial development in the extraterritorial jurisdiction, especially commercial /industrial type development, the city automatically brought that as an annexation issue to the council. The City had been fairly aggressive in annexation which had resulted in an expansive extraterritorial jurisdiction. Staff needed to know if Council wanted to change that policy and if so, how to change that policy. There needed to be an underlying policy the City was working towards as any annexation would be opposed by the people in the area. Svehla stated that this issue was revived as development was starting in the northern part of the area and the fact that Aubrey had requested an agreement line. Denton was the only home rule f city large enough which could annex without permission of the residents in the area. Smaller cities could only annex by permission of the residents which was what was happening in Aubrey. Aubrey wanted to extend its extraterritorial jurisdiction to the r, Trinity River but Denton had already invested time and effort in a Green Be-It area in that location, Another issue was more protection for Lake Ray Roberts. City Manager Harrell stated that this had been discussed at the last planning session. Currently, the Denton city limits went all • the way to the Lake Ray Roberts dam. As a result, Denton had a large extraterritorial jurisdiction, That meant that no other city could incorporate within that extraterritorial jurisdiction without r the approval of Denton. At the last planning session, it was discussed whether to annex a strip of land in the middle of the Lake, With another such annexation, Denton's city limit boundaries would then go the northern side of Lake Ray Roberts. It was felt ® that perhaps there were five years In which to complete such a procedure. There would be other urban pressures which would ~ • • develop around the Lake which would foreclose these kinds of opportunities in the future. It was necessary to vision what the City would be in the future. Was it important to have lake frontage on Ray Roberts, When the City started this process, there would be only one chance to do it and there would be major opposition from area cities. This proposal had major strategic implicationo, C 0 City of Denton City Council Minutes L July 21-22, 1995 Ap* no Page 5 DO F f' r Council Member Miller stated that the City was 54 square miles and, asked how much was in the extraterritorial jurisdl.otion. 3 Svehlaa replied that was probably three times that much. Council Member Miller asked if the City would be responsible for lake protection and fire protection in the area if it were annexed. Svehla replied that Denton would probably be requested to help. However, he felt that the Parke and wildlife D,apartment would probably take control. Mayor Castleberry stated that the Game warden was responsible for Lake Ray Roberts, Council Member Cott felt that this would be beneficial for the City, He felt it was a most important item for the future city. He suggested d9veloping a budget first to see how much this would cost, City Manager Harrell stated that annexing a 1000 foot strip would not be the same as annexing open land. This would not be dealing with individual property owners, Mayor Pro Tem Biles asked what advantage this would be to have the city limits in the middle of the Lake and the city's extraterritorial jurisdiction in Cooke County, why would the City want to do that. The Lake seemed to be a natural barrier and if Denton's city limits were to the dam and was only bordered by smaller cities, why would Denton want to go :~tigher into Cooke County. City Manager Harrell stated that the city limits was already at the Lake. A policy decision the Council. needed to make was did it make sense for Denton to be the controlling voice as urban development occurred on the north side of Lake Ray Roberts. Mayor Castleberry stated that equally important was the protection of Lake Ray Roberts and the prevention of pollution in the Lake. 4 Mayor Pro Tem Biles felt that the issue was why the city would want its extraterritorial jurisdiction in the Lake. Mayor Castleberry stated that the City had a large investment in the Lake and should control it. The County was very antiquated on 0 sewer systems, etc, and had no mechanism in place to handle such. Council Member Young felt that the City should annex the area to control what was developed in the area. council Member Krueger felt that the City did not have the type of control it thought it had. if the City moved its city limits there but had no infrastructure, the control could not be dote properly. Lake Ray Roberts Planning and Zoning Commission could control the o 0 • 4? O S City of Denton City Council Minutes AWdrNo. July 21-22, 1995 AgendlIto M Page 6 Date..._.--.--- c. area as it should be. i Svehla replied that the larger tracts of property were being subdivided and that was when the City had control. There was more and more activity in the area. The Council would have to decide where the boundaries of the City would be. Bob Nelson, Executive Director for Utilities, stated that just by } having the property in the extraterritorial jurisdiction the City would have the ability to exercise septic tank rules and regulations. Currently an acre of area was needed in the extraterritorial jurisdiction before a septic tank was required. The public water system required a quarter acre for subdivision. Herb Prouty, City Attorney, stated that if the City did not extend the extraterritorial jurisdiction there might be problems with enforcement. systems would develop but. not develop in a form compatible with the City's system. Council Member Brock asked what would be the immediate cost to the City if the area was annexed. Svehla replied that costs would be minimal, if any at all. There might bu calls for police or fire but those would be very small. Nelson felt that these were issues which would have to be dealt with. The County now was requiring some subdivision rules for staff review. If the area was annexed, there would be more area to review. Mayor Pro Tem Bilee asked how effective the County would be in the start up phase. Svehla replied it would do better in enforcement as the Public Works Department was collecting all of the deeds to determine if the area was being subdivided. Mayor Castleberry asked for an explanation regarding the area Sanger petitioned awry f%-om Denton. Svehla replied that that was done by the request of the landowners who wanted to go into Sanger's ETJ rather than be in Denton's. Aubrey did the same thing. They annexed a strip of property which was illegal and they annexed by petition. A decision was needed on the Aubrey issue and whether the east side of the Green Belt would ® be a good dividing line. The staff's position was to go to the east side of the river/green belt. • • city Manager Harrell stated that six votes on council would be needed to begin the annexation to the middle of the Lake. Council would have to be willing to proceed or the other cities involved would proceed ahead of Denton. • G) • a A" 00. City of Denton City Council Minutes Agenda Item July 21-22, 1995 Date Page 7 t: Mayor Castleberry stated that he would be in favor of the annexations but was not willing to go through what happened with r' the other annexations proposed last year. Last year the Council agreed to proceed with some annexations within the City and then did not have the votes when necessary. Council Member Brock stated that last summer the annexations were presented as possibilities. Council did not receive any cons with those annexations and when Council became aware of those cons, it could not proceed. Bolivar water This item was considered later in the meeting. Fire Station Location John Cook, Fire chief, presented maps indicating fire zones within the City. The State Board of Insurance used a 1.5 mile radius zone and no longer used the key rate schedule but rather used the ISO schedule. The ISO schedule was based on 1.5 miles of travel distance. The Fire Department went out and physically traveled that distance and projected it on the map areas. The stations were well situated in terms of existing thoroughfares. Some stations were ineffective in terms of lack of infrastructure such as roads. Station 6 had a concern regarding response time to the State School. It was difficult to get there and the average response time was 6 minuted. There were other areas where it was difficult to qet to. The overall package for fire protection considered more than just fire fighters and fire stations. Reopening Central would redline the effectiveness of Station 3 in some areas. In 1987 there were 30913 responses. This year the Department had equaled that figure on Monday, July 17th. That increase was more on the EMS side of the responses. Ideally, 90-95t of all citizens should be within 5 minutes of a fire station. Currently Sot of the calls y inside of City were greater than five minutes response time. One prf blem was the patterns of annexations with fingers poj.nttng out which had to be covered. A second problem was that all the fire • station location models were based on static modela, with fire fighters in the station. That was not the case and more and more there were multiple calls at the same time. An alternate site suggested was on the corner of Carroll tind Eagle which would pick up residential areas on the south side of I-35 which even Central did not pick up. • City Manager Harrell stated that when the Council was faced with the proposition of building a new station, the City was in an • • economic period of time which could not supply the operation and maintenance costs to open the station. The policy debate the Council went through at the time was whether there a way to use existing resources and open the station. Council looked at the response circles to provide coverage. The problem was that with Central there was a major overlap with the other stations. Council made a decision at that point in time, from a cost effective basis, y • City of Denton City Council Minutes Apn"k. July 21-22, 1995 Page 8 ApendaRem P* to transfer that manpower to the new station and to close Central. Now Council would be discussing whether or not to reopen Central. If Central was reopened and put back on line, there would be an overlap even with the new standard. Relocating Central would be possible as opposed to the current Central which would spread the coverage factor out and allow the shifting of the overlap to the next station. Cook stated that now that Denton had grown to its current size, a station in the downtown area might not be required. Station 3 had a good building, excellent location and could be used for many options. Mayor Castlr.berry asked if 85-90% of the calls were EMS calls. Cook replied that there was an increase volume of calls on the EMS side which was greater than fire calls. Fire calls were influenced by the weather. Council Member Cott asked if the out-of-Denton calls were cost separated. Cook stated that Denton did not help another city fight a fire unleos requested by another department. The Department did have ambulance service to smaller cities and the County. There had been a debate regarding the amount of the contract and the fact that those cities should pay the same share. He felt that those cities were not receiving the same level of service as the citizens of Denton and thus should not pay the same amount. Those cities had longer time for response and did not have an engine company in response. The City had been increasing their portion of the costs during the past several years. Council Member Cott stated that they were getting more than they could get themselves. He wondered if it would be better to put the +p dollars back into the system as opposed to providing the service. 1 Cook replied that if the Department did not have the money from the • County, it might be necessary to reduce manpower as that was a good source of revenue. Mayor Pro Tem Biles asked if the IOOF site was big enough to out through the median at Carroll. Cook replied that there was already a median cut at that location. e The downside of that lot was that it was on a crest of a hill and , • • it would be necessary to do some signalization. Traffic would have to be stopped when there was a call. Council Member Krueger asked for the funding scenario for a new station. Cook stated that the latest estiwates were approximately $125 per square foot and a new station could be built for approximately a 0 p • W • F City of Denton City Council Minutes July 21-22, 1995 /bend~Ifem Page 9 Due i half million dollars. The utilities were already on site and the City owned the property. There currently was $200,000 in the reserve fund as a downpayment for the station. There had been discussion regarding the Electric Utility Department using central for a communications department. city Manager Harrell stated that staff was not strongly pitching } for a new station at this point in time but wanted council to understand the implications of opening central. If done so on a ; permanent basis, there would be implications on future operations and maintenance costs on fire coverage. Mayor Pro Tem Biles asked that if a new station was opened, how many stations would there be. Svehla replied there would be 6 stations. City Manager Harrell stated that there would be no pumper truck at Station 3 as the new station would provide appropriate coverage. Council Member Miller asked for a map with a new station imposed on it in order to look for blank spots and one with the current stations superimposed. No asked which was more critical - overlap or underlay. He felt it was important to look at what would be the impact on closing any fire station. It was necessary to know what the public impact would be if Station 3 or any station was closed. What impact would that have on insurance rates and what that would do to safety issue, etc. Cook replied that the reality was that what an individual did with a building had more influence on the insurance rates. 'Phrj type of construction, occupancy, etc, had an impact on the rates. One of the biggest impacts on economic development and future improvement of businesses was that the better the insurance rate class, the more availability for insurance. It was not necessarily an insurance issue but rather what was done with the building. i Mayor Castleberry stated that the City relied greatly on the County • participation, if that contract was not done, the Council would have to find $200,000 in the budget. Corinth and Hickory Creek had indicated that they may not continue with the contract. He felt it was necessary to look seriously at this issue. Mutual aid should be done when necessary, council Member Krueger stated that he was in favor of a new Central e station but was not in favor of issuing certificates of obligation. • O Mayor Castleberry asked if a new station would have to be the size of Station 5. S Cook stated that Station 5 was used for storage for other equipment. A new station would be closer to the size of Station 2. • w v City of Denton City Council Minutes N!, July 21-22, 1995 Page 10 ~plnAa H!m Mayor Castleberry felt that it was not right for fire fighters to be working on their own vehicles while on duty. He felt it was bad public relations for the City. Council Member Young felt that it was bad for fire fighters to be out playing tennis while on duty. Cook replied that playing tennis was part of their physical fitness schedule. City Manager Harrell stated that work schedules had been modified in order to be aware of public perception. Those activities were done after the normal work shift for regular employees. Police/Fire Compute Council Member Young left the meeting. Mike Jez, Chief of Police, stated that in 1994 certificates of obligation were approved for the purchase of a combined fire/police computer system which had been increased to include the municipal Court system. Currently documents were operated manually and the departments were in the process of upgrading those types of data. The computer system was an integrated system which would address the needs of the Municipal court plus the police records management. In addition, mobile data systems were being considered. The mobile data system was a computer installed in the patrol cars. This was an essential component of the computer assisted dispatch so that as the dispatcher for the emergency services was receiving emergency calls, that information would be sent to the officers in the police cars. A large amount of information would be placed in the hands of the officers directly in the police vehicles. Such a system could impact response time in a positive manner. The system would interface with the City1c current GIs system. Maps could be uploaded into the police vehicles and fire apparatus and as an emergency vehicle was responding to an event, maps of the general area plus floor plans of a building could be viewed in the vehicle. This would put the information in the hands of the street level people which they did not currently have. Currently staff was at the point in the selection process of looking at two vendors. The Task Force was looking at the two systems and negotiating with the vendors for final pricing information. Council Member Cott asked how the Court of Record was working. Jez stated that Municipal Court and the Police Department were • working well.. The paper work involved was causing problems but the Department was looking for these kinds of applications to make these processes more efficient. Council Member Young returned to the meeting, • w v City of Denton City Council Minutes LAatnda , July 21-22, 1995 Page 11 Mayor Pro Tom Biles asked if the emergency vehicle on the street al to access the information or would they still have to make a request from the dispatcher. Jez replied that that would depend on the availability of funds for the system. City Manager Harrell stated that initially it would not be possible to put a terminal in all of the cars. Jez replied correct and that he was concerned about the costing of the system and the way the process was developing. Cook stated that a fire vehicle would be able to access information as to what might be on the premises. Mayor Pro Tom Biles stated that the Court system would not be able to access background information from the police side and visa versa. Jez stated that there were two competing statutes to deal with in this area. There would be security levels throughout the system on every component of the system to address compliance with the various statutes and administrative rules regarding this issue. In the same respect, an open configuration was desired as much as possible. Council Member Miller asked if Council would be given budget information on the system before a decision was made that a portion of the system was not affordable. ` City Manager Harrell stated that the goal was to come to Council t and indicate what could be purchased with the doilars available. Long Range Computer Stu y .t Greg Galluzzi, TMG Consulting, stated that the mission statement for the project indicated a development of an information services • strategic plan which identified and addressed the City of Denton's long-range technology requirements. The current City network was represented by several non-integrated local area networks. Numerous users had stand alone workstations. Information access and retrieval lacked connectivity which forced users to rekey printed information into other mainframe or PC based systems and to copy information to diskette and walk to another computer. 8 strengths of the current system included the fact that the GIS was • • a showcase system which demonstrated the benefits of distributed computing, DYNIX was a recent successful implementation of new p technology and a public safety system was currently under consideration. Numerous islands of technology existed across the city as funding had been secured for specific hardware and coftware purchases. The user community was appreciative of the automation currently in place. The current environment was 20+ years behind the technology curve. In some cases, vendors were no longer • • City of Denton City Council Minutes AO"dtAb.~. July 21-22, 1995 Ave dallem Page 12 One supporting the technology utilized by the City's critical business systems. support for some of these systems had been discontinued with no enhancements or fixes no longer occurring. Key systems 4 were being supported by independent consultants and the systems were not meeting user business requirements and were time consuming and costly to modify. A goal suggested was to provide customers with quality service and timely product offerings. The City of Denton wanted to provide its customers with quality service and timely product offerings. Technology was an important success factor in utilizing limited resources to provide a high level of customer service and responsiveness to customer product requirements. The target environment identified suggested a grouping of personnel working toward the achievement of specific goals or the production of specific products. A work group might utilize computing resources which were specific to the group, to another work group or to the city, The long-range strategic plan would fully support this dynamic business concept through implementation of the technology infrastructure. It was proposed to integrate all local networks to a single wide area network, Workstations would replace current computers with a standardized minimum configuration required to execute the Windows operating system and related software. A standardized suite of PC based office products including word processing, spreadsheet, data base, presentation product, e-mail and scheduling would be implemented. In the area of printers it was suggested to implement a series of high speed quality laser printers to be shared across multiple work groups and to utilize existing quality printers as desktop printers. Council Member Young asked if training and maintenance would be available if this system was incorporated, Galluzzi replied yes. Council Member Cott felt that windows would be very expensive for the next few years. He questioned what would happen if nothing was done until there was a reduction in price. • Galluzzi replied that the intent was to connect the users, one issue was to not upgrade the system until the market stabilized. Drain ge Utilitv Kathy DuHose, Executive Director for Finance, stated that in 1990 the Public Utilities Hoard began deliberations regarding storm 0 water drainage mostly because of proposed legislation by the • Environmental Protection Agency. There were several state and federal initiatives which were of interest to local governments. one was the Water Quality Act of 1987 which required states to assess the nature of unmanaged runoff and to develop a management program to address any identified problems, It also required municipalities of 100,000 population or greater and certain industrial activities to obtain federal permits to control the quality of their storm water discharges under the National • 0 • ea • Ago* No. City of Denton City Council Minutes Apentu July 21-22, 1995 Page 13 Pollutant Discharge Elimination System. The Texas Water Code required all cities with 5,000 population or greater to establish water pollution control and abatement programs, The Storm Water Utility Advisory Committee was formed in 1990 and was charged to review and evaluate the necessity of establishing a storm water management utility for the City and submit an evaluation to the Public Utilities Board which would include a recommendation of whether the city should pursue the establishment of such a utility. should the Committee recommend the establishment of said utility, the Committee would provide recommendations to the Public Utilities Board on the beat method for implementing said utility. The Committee felt that the council should pursue the establishment of a storm water utility and that the best method for assessment was to assess a fee based on impervious acreage. Council considered the recommendations of the Committee including a recommendation to reduce property tax at the time the storm water utility was implemented. The issue was tabled after considerable debate. The Planning and Zoning commission and visioning would be making recommendations regarding this issue plus the upcoming bond election was another issue to consider in connection with this item. It was felt that this item should be considered before the bond election. City Manager Harrell stated that in the 1990 time frame in bringing this item forward to Council, the driving focus according to EPA law was a push for a funding mechanism in order to treat storm water runoff from a quality standpoint before it was discharged back into lakes and streams. The prospects of that was that it would be a massive cost and staff was trying to anticipate compliance of the law. That environment had since changed and although the law was still in place, there were all kinds of initiatives to change implementation. The emphasis had changed from a water quality issue to a water quantity issue. Many of the council had expressed concerns regarding the City's inability to deal with the storm water drainage problems. Even if one-third of the entire CIP was designated for storm drainage, there would still be $21 million of identified needs which could not be done. One of the issues was to look again at the storm water possibility but • focus on the quantity issue rather than the quality issue. Council Member Krueger stated if the City had a 40,000 customer base and charged $2 per person, almost $1 million a year of improvements could be done. City Manager Harrell stated that that would be for a residential • base. The larger amount of dollars would come from the commercial • • base which would address the impervious surface issue. The advantage to Denton was the tax exempt property which contributed to the problem but did not contribute to solving the problem would be included. Council Member Brock stated that at first she opposed to the storm water utility as she felt it was premature as cities the size of Denton would not have to comply plus she had some concerns • O { • f City of Denton City Council Minutes AoNda No, July 21-22, 1995 Agw4ahem e Page 14 06 regarding the proposed rate structure. several things had happened since then to perhaps change her mind. Mayor Pro Tem. Biles asked how much time would be needed to implement this utility. DuBose stated that the Council could take as much time as necessary. Public hearings and public education would take the most time. Mayor Castleberry stated that had this passed before the City would be further ahead in drainage. In the past he had been in favor of the utility but now was in favor of lowering taxes and was not sure if he was still in favor of the utility. He was for lowering taxes and was not ready to raise fees. Nelson stated that the rate looked at before was $1.43 per month per home and $14 per acre for parking lots. DUBOSQ stated that that was for status quo with no provision for any future projects. Council Member Miller suggested bringing the issue back as soon as possible before the CIP for consideration. Mayor Pro Tem Biles felt that this was a fabulous approach and citizens probably would have no problem with this type of utility issue. He was concerned about the rates and would like more accurate numbers to reflect current operation and maintenance and debt issue. Council Member Krueger felt that citizens would be willing to pay the extra fee in order to not have the drainage problems currently in the city. Council Member Cott stated that the fee would be for all homes and businesses including tax exempt. i f DuBose replied correct. The fees would have to be looked at again to update the figures. r Council Member Miller stated that the utility could be set up without any fee structure. If Council had gone ahead and done that a fee could be imposed at any time. Council needed to decide if it wanted the utility and then determine the fee structure. f • solid Waste Master Plan Bob Nelson, Executive Director for utilities, stated that the solid waste master plan had been studied for a long time. Major issues of the plan dealt with the landfill expansion and some form of recycling activity. • Q • City of Denton City Council Minutes 4t July 21••22, 1995 ` Page 15 Howard Martin, Director of Environmental Services, stated that in January 1994 a citizen committee representing a cross section of the community staieed to develop a solid waste management plan to address waste disposal issues. A variety of alternatives were looked at from doing nothing, to maintaining what was currently done, to a high tech operation. A goal for the Committee was to look at recycling which would provide 50% waste diversion over a 20 year period. The committee established expenses for each alternative, program revenue, assessed the worth of the landfill which would not be used over the 20 year period and established a net worth of each alternative. The Committee recommended a phased approach. A long range solid waste management plan was recommended which included a public education program, a recycling progran, composting, expansion of the landfill and economic development. The recummendation supported the development of an intermediate processing center which would receive recycling materials only and exclude solid waste materials. Key components of the plan included the successful expansion of the landfill, the development of an intermediate processing center by the year 1998 and the expansion of the IPC to a material recovery facility by the year 2005. Continuing the composting program to complete a composting facility by 1996 and continue the once a week pickup for yard waste was also recommended. Economic development activities would provide opportunities to develop resource recovery industries which would be located near the IPC. Research and educational program cooperatives as well as regionalization opportunities were explored by the Committee. Staff would continue to refine the costs associated with the report. City Manager Harrell stated that Phase One costs associated with implementing the recommendations were included in the proposed budget. Martin stated that there was approximately $312,000 which was associated with the recommendations in the Master Plan. Mayor Pro Tem Hiles asked for the elements of the plan. • Martin replied that the Committee had established a time line for when specific recommendations were to take place. Mayor Pro Tem Biles stated that he understood that curbside recycling did not pay for itself and was not economical. Martin replied correct. The Committee recognized that it might not • pay for itself but that residents were willing to pay an extra • charge to have that service provided. City Manager Harrell stated that there had been some change in the past months as prices for recycling had increased. Martin stated that the plan was to maintain a drop box program for everything except for those items which would be picked up at the curb. • O • p city of Denton city Council Minutes July 21-22, 1995 Agenda No Page 16 Agenda lien Mayor Pro Tem Biles questioned going to a dirty MRF if the City war not going to recycle those materials. Martin stated that that was some of the flexibility which was available. A problem with plastics was their weight and transportation. A materials recovery center could be re-evaluated every three - five years and keep that flexibility to change direction on what to recycle. Council Member Young stated that recycled newspaper was $5 a ton and going up. The feasibility of recycling plastic was down. Recycling was done to save place in the landfill and to slow down the pace of cutting trees down. He askod if the City would be able to recover methane gas from the landfill and would the City be competing with private business with this /enture, Mart!.n replied that the City could recycle methane off the landfill but the issue was one of the volume of gas produced. With the size of Denton's landfill, unless the City was forced to do so, it would not be cost effective. As far as competing with private business in recycling, the City would have to compete for recycled products with other private businesses. Private businesses would be after the commercial waste stream the same as the City. City Manager Harrell stated that if the Council made a decision to go forward with the intermediate processing center, the City would evaluate the possibility of partnering with a private provider to make that facility possible as opposed to doing it only by the city. Council Member Brock stated that one reason for acquiring land around the current landfill was not just for expansion but for the possibility of having private industries which would be manufacturing from the recycled materials. If Denton was a regional center other cities would find it to their advantage to bring materials to the City's center, council Member Miller asked if the budget assumed curbside 0 recycling for newspaper. Martin replied correct. Council Member Miller stated that the tipping fees for outsiders had been Increased and asked if there had been a drop-off in service, Martin replied that that had worked well and the people targeted had left which had allowed for a drop in cubic yards. City Manager Harrell stated that another factor for the intermediate processing center was the ready work force to work in the center. I ea Q City of Denton City Council minutes --W . July 21-220 1995 Apenda No , Page 17 LA,f,t,,.df ft Council Membe' Young asked for the number of new jobs assoc a e with the center. Nelson replit-J that there would be three contract people for maintenance a.nJ fifteen people for contract labor. i Bolivar Watgr Bob Nelson, Executive Director for Utilities, stated that large lot subdivision activity, some with platting and some without platting, had increased considerably in Denton's ETJ and in Denton County in general over the last year. Denton County had recently stepped up its review activity concerning subdivisions that had not been platted. A good deal of subdivision activity was taking place in the area between IM35 and Sherman Drive. Development in this area raised a major and immediate issue regarding water service. In 1976 Denton was issued a Certificate of Convenience and Necessity by the State to be the single provider of water and sewer service in much of the area north of Denton. Denton's subdivision regulations allowed the use of wells and septic tanks in the ETJ as an alternative to extending water and sewer lines so development could take place without the extension of Denton water and sewer lines. Bolivar water Supply Corporation had started extending small lines into the area without a Certificate of Convenience and Necessity (CON) in the late 19701x. Last year the Texas Natural Resource Conversatl-,n commission awarded the corporation a single CCN status along and within 200 feet of the Corporation's existing water lines which had been installed along most roads in the area. Denton had proposed duel CON status in the area but the Corporations financial supporter would not loan money to the Corporation if its service area was not single certified. Thereafter, Denton adopted the policy to strictly adhere to state law wherein the corporation would serve the water in their single certified area and Denton would enforce the subdivision rules and regulations, particularly as it related to water service, in the ETJ where Denton was singly certified. This meant that any lots I platted in Denton's single certified CON, which was any lot more than 200 feet frc,m an existing road, would need to drill a well and C get appropriate approval for a septic tank. The reason for this policy was to prevent expansion of substandard development, including water systems, that Denton would later be required to upgrade. These upgrades were very expensive and were paid with Denton citizen tax or utility revenues when the area was annexed. s staff would continue to apply Denton's subdivision rules and regulations in the ETJ and protest the Corporation's extvnsion of their water lines in Denton's single CON area unless the Council • gave new directions. City manager Harrell stated that a policy issue was the concern that If substandard systems were allowed to be established at some point in time that area would be brought into the City and these would be problems with that system. _ ca • r City of Denton City Council Minutes Agenda No July 21-22, 1995 Agenda Ilerr - s Page 18 Due Nelson stated that the problem was that to upgrade the system to an urban system would be very costly. If it could have continued to serve a rural type of system, it might have been reasonable. Consensus of the Council was to not allow Bolivar to extend its lines and to enforce subdivision regulations. TMPA Issues Bob Nelson, Executive C'rector for Utilities, stated that there were several items connected with TMPA. (1) TMPA coal conversion at the Gibbons Creek Plant. T14PA provided Denton with 653 of its energy requirements. Through conversion to Powder River Basin low sulfur coal and through streamlining operations with consequential operating cost reductions, TMPA demand plus energy costs should be reduced to below $.041KWH. (2) Amendment to Power Sales Agreement - TMPAOs power sales contract prohibited upgrading of Spencer units or purchasing a long-term power supply from other utilities. Revision of the power sales contract that would give Denton the flexibility to pursue these options was presently stalled at the TMPA Board due to Greenville's disagreement on a fixed cost allocation rate. (3) TMPA Rate Savings - under proposed burning of Powder River Basin coal and streamlined plant operations, TMPA's rate would drop to $.04/KWH in 1996. The TMPA Board would be considering establishing a new rate structure reflecting the decreased operating costs. A question to consider was should the rate be dropped to its member cities or should the rate be kept as it with cash income generated by TMPA placed in a funding soure3 for bond defeasance. (4) Future Relationship with TMPA cities - As the TMPA cities brought costs under control at Gibbons Creek with a definition on how Gibbons Creek was operated in order to reduce costs to member cites, Dentonfs relationship with other TMPA cities would be examined. Other issues dealt with the retail wheeling, flexible rates to customers, and future power projects. With no further business, the meeting was adjourned. • CITY OF DENTON CITY COUNCIL MINUTES JULY 22, 1995 The Council convened into the Annual Planning Session of the City of Denton City Council on Saturday, July 22, 1995 at the Marriott Solana, Westlake, Texas at 8:45 a.m. • PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Membern • Brock, Krueger, Miller and Young. ABSENT: :ouncil Member Cott 1. Th Council received a report, held a discussion and gave staff direction regarding requests from various organizations to receive hotel occupancy tax funding. ~r • City of Denton City Council Minutes July 21-22, 1995 AW4 me Page 19 AMA Ilefi Doff Mayor Castleberry stated that there was approximately $31,00 additional Lalor funds available for consideration, and that Council should make an a.lt.a_ltion for civic renovation and place the funds in reserve. Council Member Miller stated that Council should leverage the funds, hold those in receipt of the funds accountable, and allow the organizations one year to demonstrate their ability to manage the funds effectively. Those organizations receiving the funds should meet the legal test under the law and standards and expectations should be established by the Council up front. A discussion was held among the Council that funding should be allotted to those organizations which worked actively to promote and support tourism and development. An additional consideration should be that the organizations be in Denton County and bring tourism to Denton. Young motioned, Brock seconded to increase the reserve by is to S5,000. ^n --°'I vote, Miller "aye", Young "aye", Kruege- "aye", uL,ack "aye", :ilea "aye", and Mayor Castleberry "a, s". Motion carried unanimously. Miller mo' oned, Young seconded to allocate the rest -f the funding e state, below in the form of one-year contracts. Additionally, % Lei •l Department would ensure all recipi is meet the i iresants for -eceipt of Lalor funds and inaurai requirements ah...ld be waives. Main Str,et $15,000 Black Chamber of Commerce $ 50000 Denton County Amphitheater $ 3,000 ArtsFestival $ 21000 Historic Landmark Commission $ 11000 - on roll ote, Miller "aye", Young "aye", Krueger "a. t)ck "aye , riles "aye", and Mayor Castleberry "aye". Motion ceLrit- ' unanimously. wit3 no further business, the meeting was adjourned at 10.00 a.m. BOB CASTLEBERRY, MAYOR • CITY OF DENTON, TEXAS • • JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO02A1 • a • f. i. CITY OF DENTON CITY COUNCIL MIN S JULY 25, 1995 andaNo. A90da Ito", The council convened into a Work Session on Tu spt July , at 5:15 P.M. in the City Council Chambers. PRESENTI Mayor Castleberry; Council Members Brock, Cott, and Miller. ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young. 1. The Council received a report and held a discussion regarding a request from Denton Taxi to increase taxi rates. Harlan Jefferson, Director of Fiscal Operations, stated that several weeks ago Bob Stormer of Denton Taxi Service had requested Council consider an increase in the taxicab rates in Denton. After the request, staff conducted a survey of area municipalities for current rate structures of their taxicab services. The specific request was for an adjustment in the initial pick-up structure from $1.30 per 1/10 mile to $1.50 per 1/10 mile. The added cost for each additional 1/10 of a mile would remain the same. Council Member Krueger joined the meeting. Jefferson stated that the waiting times oLtuctU~~ %Jld change from S.25 per 9r seconds to $ 30 per 90 seconds; the extra passenger charge weJ change from $.50 to $1.00; and the surcharge whic,. currently ,an from 8:00 p.m. to 6:00 a.m. would be eliminated. Staff h.(a contacted the other taxicab com,)anies in the communit, who als- upported the request. Mayor Pi Tem Biles joined the meeting. i Jeffer,t.i !.n'.icated that Denton's current rate structure was slight?y a! a e the structure in most metroplex cities. Recently j the City Ma~ager approved an increase in the base charge which war based o- cost of fuel as it language in tn..-% ordinance. Council Member Cott sugr ad that the rate nges be approved bu add some type f taxi. waission to anH,,`. issues. m> Commission cn, -/a the custome..,4 1--Ace lave ..,.Vi expected. f Council Member Young joined the meeting. ,louncil Member Miller felt that this was a reasonable request and recommended that staff proceed to work out the ordinance. Council Member Cott seconded that recommendation, He felt that the consumer might want different type of routes or equipment and that ® they should be consulted on this issue. O • • J Consensus of the Council was to request staff to prepare the / necessary legal documents to institute the increase. 2. The council received a report and held a discussion regarding implementation of a Council Voice Mail system. • • r• City of Denton City Council Minutes Agenda No. July 25, 1995 Page 2 Apendaltam QaiE - Joseph Portugal, Assistant to the City Manager, stated that staff was responding to a Council request regarding a Council voice mail system. one option would create a voice mail system for council members. A phone number would be advertised for citizens to call and leave a message, staff would retrieve those messages and compile a weekly report for council. A second option would be to provide an automated attendant system. Citizens would have a range of options when calling the Council telephone number. Council could retrieve those messages if desired plus staff could retrieve them and develop a report if desired by Council. Council Member Brook stated that this would be an additional phone number to other numbers which were available. Portugal replied correct. The idea was to provide the number as the Council meeting was being broadcasted. Citizens would have a means to respond to the meeting by seeing the phone number during the melting and calling to leave a message if desired. ,:ouncil >er Brock a :ed if it would be pcs, able to show numbers al, ady availa~. i during the roadcast. Portugal s• ted that he . Auld have to _esearch how to put a messa *i across the , creen. Tho, a..assage v uld not be such }hat it detract 3 from the Council meetir •ihile pr( tress. Mayor Pro Tam Biles str id tha _ )ption A wo..Ld on )v be a sing phone number as opposed Option B which would have menu. Wou 1 Option a n-olpide a meat for the citizens. Portugal r )lied that would but not 'n as much lst+ as B. There uld not be menu for the ( tizens tc hooi °ro.. menu woul' allow a ci an to leave o message : an iiv. member a- pposed to cling that ter and ving Ten Mayor Pro Tam Biles asked if the system had r menu. wouL ta.ff still continAe to prepare the messages. • Portugal replied correct. The purpose of the automated attendant was to assist citizens further with messages. Mayor Pro Tam Biles felt that the menu system wes favored as would be easier for a citizen to get a message to Council. Another avenue would be to have messages prepared for council. • City Manager Harrell stated that Option A would be for messages a r • citizen might leave for any one of the Council Members. In that J case, staff would have to be involved to retrieve, transcribe and pass those messages on to Council. If Council wanted to go with Option B which gave the citizen the opportunity to communicate directly with individual Council Members, staff would not be involved. That type of system was more expensive but there were no labor problems with putting another task on staff to retrieve a i City of Denton City Council Minutes Agenda;;p, July 25, 1995 Agenda ftem Page 1 Date messages. The only advantage from a menu driven system which targeted Council individually was that a citizen could communicate with one of the council and might not like staff making his comments available to other Council or for staff to review. Council Member Miller felt that citizens were able to call now and reach the Council Members. He felt that the current system worked well and that another number would not be necessarily more efficient for the Council, Council Member Brook felt that most messages were not for individual council members but for council as a whole. Her experience was that people who wanted her personally could find her right away. She felt this would be a considerable clerical expense and was not sure it would add to the communications the council currently had. Portugal stated that it would be more work from a clerical persr. i ive. ..ould work with the •ntem already in servic- Council Member Young Ited that he ree many calla at ho+.c nd felt that both opI is were good asides having lixect commun! ration with Co cil, it woule cut +wn the calls ,tt home which might be at all rime of thee r anu +.ight. Such a system would provide citizens with mor+ partic pation within city governn.e-' Eithr system would be win-wi, ituation for :ouncil and cit is council bar Cott felt that the jr- 4~+ 1 was best that the citi-"ns could call him ptrs ells, Council Member Krueger stated t' ~ he receiv-d ny calls a Ime which were bn.7inning to both( his family. I that cou_ ,)e lessens- somewhat he would be favor of one rf le options. fat 'rit - B as it would valve so . ..;h staff time. Council Member Young motioned to adopt Option B Mayor Castleberry stated that a motion could not be presented at this meeti' g. He asked if it would be possible, with Option B, to retrieve messages from the council Member's homes. Portugal replied yes that eack. ' ndiv:dual coin;: pereorially retrieve their messages. • Mayor Castleberry asked about a computer printout of the messages. . Portugal stated that staff would attempt to retrieve those calls but Council might prefer utaf.f not do that. Council Member Miller found that people who called in and left a message after going through a menu often were frustrated by the time they got through the menu. owimmomin~m 0 o - City of Denton City Council Minutes A94wapem. July 25, 1995 Om Page 4 Mayor Castleberry felt that the consensus of the Council was to proceed with option B. He asked that staff check for the availability of a hard copy of the calls. Council Member Brock hoped that the Council was not sending out a message that it was putting a buffer between Council and citizens. Mayor Castleberry stated that a citizen might be reluctant to call during the day and it would help to have a system where he could call during the night. 3. The council received a report and held a discussion regarding late night programming at the recreation centers. Ed Hodney, Director of Parks and Recreation, stated that Council Member Miller had made a request regarding extending programming hours at the recreation centers, specifically late night hours. Late n+mht hours was defined as any program after 9100 p,m. Staff . .;nnta:ted other programs in the City such as the Police Action League, the Denton Police Department, the United Way, and others to find out ;rom their perspective whether or not they felt there was a need for additional programs, specifically late night programming. There was an indication that there was the need. Although the City had recently expanded recreation center hours, late night programming had not been specifically addressed. Council Member Krueger left the meeting. Rodney felt this kind of programming had merit but was not sure if it had ririt in Denton. He would like to do additional research for what was needed, objectives for the programs, and what actions were recommended. ^.ouncil Member Cott expressed concern regarding violation of the ae ordinance upon leaving such as loud cars or patrons. Council Member Young stated that he had done some research on this issue over the weekend. Thn young people were excited about the 0 possibility about late hour programs. He felt that there might be a problem with the hours. It would be ideal if more than just basketball could be done such as some type of training. Council Member Krueger returned to the meeting, council Member Young felt that some type of life social skills could be taught. , • , J Council Member Brock stated that this would have to be a budget item. The type of programming which council Member Young suggested would be very beneficial but would be more expensive to provide, she asked staff develop information as to the cost of such a service. Rodney stated that late night programming was a way to get people in the door with recreation programming but could accomplish more • ca • City of Denton City Council Minutes July 25, 1995 Page 5 Agenda ►~o - Agenda Item Dits than that. His staff would develop costs alo h programming recommendations. Mayor Pro Tem Biles felt that it would be necessary to make distinctions between the age groups addressed. Children as opposed to juveniles as opposed to adults. There were different kinds of micro-needs which affected the macro-approach. The cost factors associated with each different age group would be different. There would be associated costs such as additional labor, utility costs, etc. and each area needed to be looked at fiscally. Council Member Miller felt that the issue was something to explore. Herman Wesley had suggested the programming to him and Miller passed it on to Council. If Council agreed there was a need, there would be a need to talk about how to move forward. Other people in the community such as I-he DISD, the United Way, the Police Athletic League, the probation system, etc. needed to be involved. The resources of the community should be utilized to help with the program. There would be a cost for such a program but the cost of not doing such a program also needed to be addressed. Council Member Krueger stated that he agreed with the concept but needed a cost estimate for the youth and teenage portion. The adult portion could be provided for by a user fee. There was a need to look at who needed the service the most which was in his opinion, the youth and teenagers. He felt there was a need to look for a profit in the adult programs as there were other costs involved such as utilities. Council Member Young stated that the school age children already had a program. This programming was to try and reach individuals between the agAn of 20-30 who had no programs for them. Midnight basketball would be good for the young adults. This group was the most unemployed group in the City and charging a users tee would take away from the program. Those youth already felt that no one cared for them. This type of programming would have all the t elements of the community working together for the youth of the community. • Mayor Castleberry suggested that perhaps not all the centers would remain open. Council Member Brock wanted to be sure that this type of programming would be available for all to use. ® Council Member Krueger sug.ested starting a pilot program and do in , • just one place. 4. The Council held a discussion regarding the timeline for the Blue Ribbon committee and bond election and gave staff direction. city Manager Harrell stated that there was a bond election timetable in the Council back-up materials. The schedule indicated three different dates and the steps needed to be taken before an • 0 City of Denton City Council Minutes Agtoda 110 July 25, 1995 kind„item. Page 6 election. It would take approximately 4-5 months from the point when a committee was appointed and began its deliberations to the point where all of the projects had been finalized and were ready to be submitted to the voters in an election. One of the scenarios modeled the time schedule used in the 1986 bond election. There were some major decision points which would have to be wade quickly to keep within that time line. The second scenario would have the Council appointing a citizen committee on October 24th with an election on February 24th. The third scenario would have the Council appointing the citizen committee on January 2nd with an election to be held in conjunction with the Council election on May 4th. The schedules were not set and Council could have any date desired. At the Council's planning session one of the highest priorities expressed by council were projects dealing with storm water improvements. The proposed draft CIP had $9 million of drainage projects. A refinement of the drainage issues indicated only $7 million. Council also expressed a concern that the storm water improvements tended to be scheduled for the end of the five year program. There was little storm water work scheduled for year 1 and 2 but escalated in later years. Council had asked staff to look further at the possibility of some type of storm water fee which could be earmarked for CIP improvements dealing with drainage and which could be done quicker than the proposed CIP schedule. If Council wanted a storm water fee which would fund the $9 million projects, a storm water management monthly fee would be implemented plus revenue bonds for $9 million would be issued. The fees would have to be sufficient to retire that debt for the bonds over a 20 t year period of time. $900,000 would have to be collected to retire the $9 million bonds. It would probably take 2-3 years to complete such a program. With the worst case scenario of performing the $9 million, the single family rate would be $1.70 per month and the monthly charge for impervious acre for non-residential property would be $21.33 per month. In addition to the $9 million capital used, the City also financed operation and maintenance expenses for current storm water projects. Approximately $440,000 was spent for that kind of activity. If the Council was interested in doing not only the $9 million worth of projects but also levying a fee sufficient to recover the operations and maintenance costs • associated with the storm water system, the single family monthly fee for operation and maintenance would be $2.53 and a per acre charge would be $31.76 per month. The final option included doing the $9 million worth of improvements with the $440,000 plus include approximately $221,000 which was currently used for debt payments on past storm sewer improvements. The fee would be $2.95 for residential and a per acre charge of $37.00 per month. e Bob Nelson, Executive Director for Utilities, presented a time lira for council consideration. If staff had a recommendation by August let to hire a consultant, the time line as indicated in the handout would be followed. The consultant would be hired by August with public hearings on 10/17, 10/31 and 11/14. The law required three public hearings and the ordinance would be adopted on December 19th with billing in January of 1996. This was an aggressive time frame but necessary if Council desired this in conjunction with the CIP. • • City of Benton City Council Minutes July 25, 1995 gpandoflem ---~'f- Page 7 DAIL f This could have an impact on the operating and maintenance and some debt service which was programmed into the budget. council Member Miller asked if the public hearings had to be two weeks apart. w Nelson replied that the law indicated three public hearings with the first one 30 days prior to the adoption of an ordinance, Council Member Miller asked if this could be done in conjunction with the CIP election held on February 24th, Given that time frame, the appointments would be made on October 24th. According to the proposed time frame, the public hearings would not be done until November 14th. Council could not make a decision on the fee system until after the public hearings. He felt that if the CIP was presented with no drainage, the process should already have been started. Nelson stated that the public hearings should be done before the Blue Ribbon Committee had a full charge so that there would be some sense of how to proceed. Council Member Miller suggested compressing the public hearings so that they were faster to complete. Mayor Pro Tem Biles suggested that rather than hold the pu:' c hearings as proposed, hold special call meetings at 7:00 p.m. n between the noted meetings. This would have the public hearinc n three consecutive weeks rather than skip weeks. Information m the public was necessary before proceeding with the CIP. Council discussed the time frame for public hearings d appointments to the Committen. After that discussion, M' er motioned, Krueger seconded to proceed with the c,m AP appointments by September 25th, have staff prepare a new tike iine ~p and begin at the next meeting. That time line would be available 1 before beginning appointments. The bond election would be held on February 24th. ♦ Mayor Pro Tem Biles suggested making numinations for the CIP committee at a regular meeting rather than at a work session. He suggested starting nominations at the next meeting. . Miller motioned, Krueger seconded to consider nominations for the CIP committee at the next meeting. on roll vote, Miller "aye", • Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • / City Manager Harrell stated that Council wanted staff to proceed with a proposal for a consultant to do the necessary work for the storm water fee. consensus of the Council was to proceed. ♦ Q • a City of Denton City Council Minutes July 250 1995 ~s Page 8 8:00 P.M. 1. Council considered a resolution of appreciation for retiring Board/Commission members. The following resolution was consideredt NO. RA95-017 RESOLUTION OF APPRECIATION FOR RETIRING BOARD/COMMISSION MEMBERS. 5 Brock motioned, Biles seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Orock "aye", Silas "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council co. ~A-red a resolution of appreciation for retiring Council Membek. NO. RA95-018 RESOLUTION OF APPRECIATION FOR RETIRING Ct RiCIL ' EMBERS Brock motione:.- es seconded to approve the r iolu+ on. on roll vote, Miller "aye", vouna "aye", Cott "aye", r aegal "aye", Brock "aye", Silos "aye" nd Aayor Castleberry " Action carried unanimously. With no further t ones i, the meeting was a our:.: d. BOB , ,TLFIERRY, MAYOR CITY F D',NTON, TEXAS • JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS A00002A3 • Q DENTON y o~z3 zoo oopp000 ~o Od a o 0 .C o d 0 0 a a OOp ~r ti~'~O~p OOpp ° N , ~ ~~p~ ~aQOOOaoo CITY ~ . . COUNCIL . o • • , AOW CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 TELEPHONE (617) 5666307 Ofrke of the City Manager CITY COUNCIL REPORT T01 Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 17, 1995 SUBJECTI Request from Julia LoScya for an Exception to the Noise Ordinance for a Band Concert at the North Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a.m. BACKGROUND Julia LoSoya has requested that the City Council grant an exception to the noise ordinance for the use of amplifiers and loudspeakers at the North Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a+m. (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The City Cotincil has granted five prior exceptions to Mu. LoSoya's bands November 19, 1994 until 12100 midnight June 30, 1995 until 12:00 midnight July 150 1995 until 100 a.m. July 220 1995 until 1:00 a.m. • September 23, 1995 until 1100 a.m. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED! Area Residents. Fiscal Impacts Nona "Dedicated to Quality Semee" 71°i • A • r A~md~ No, AW01 Rim ocn., Please advise if I can provide additional inform RESPECTFUT.LY SUBMITTED: 4loydV. Harrell City Mandgor. Prepared Byi . Veronica S. Rolen Administrative Assistant II Approved By: ose Portugal Assistant to the Ci Manager Attachments: 1. Letter from Julia LoSoya 2, Noise ordinance • I i ° ° • • Agenda No. Agenda Item Dale October 10, 1995 Atten: City of Denton City Council, I am a representative for (a Hispanic band) Capricho Show. We have rented the exhibit hall at the fair grounds in Denton for our function which will be on Saturday November 4,1995. Sergeant Burns or Lt. Abbott will be signing the No, of Uniformed Police Officer Requirod. I would like to be granted a special exception to the Noise Ordiance for the date listed above until 1:00 a.m. Thank you for your cooperation in this matter. Sinc sly, ulia Lo5oya i • • e~ 0 )l` Awds No - Agenda Item Doe is Chapter 20, NUISANCES- Art. I. in General, if at-2(.30 Art. II. Abandoned Property, ff 20.31-2070 , Div. 1, Generally, 4s 2031-2050 Div. 2. Motor Vehicles, 44 20.41-20.70 Art, 113. Grass and Weeds, If 20.71-20.79 ARTICLE I. IN GENERAL t Sec. 20-1. ,'Noise. 'a) It shall be unlawful for any person to make or cause any unreasonably loud, dis. turbing, unnecessary noise which causes or may cause material distrea, discomfort or injury to persons of ordinary seruibilities in the immediate vicinity thereof. ~b1 It shall be unlawful for any person to make or cause any noise of such character, ILI intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. ic) The following acte, amongothers, are declared to be noise nuisances In violation of this Cade, but such enumeration shall not be deemed to be exclusive: 11 The playing of any phonograph, television, radio or any musical Instmment in such manner or with such volume, particularly between the hours of 10;00 p.m. and 7.00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary 3en- 3ibilities in any dwelling, hotel or other type or residence; i21 The use of any stationaryloudspeakar, amplifler or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilld" in the immediate vicinity thereof, particularly between the hours of 10,00 p.m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council many maks exoptions upon appikation when the public interest wdkbe served thereby; • (3) The blowing of any ateam whistle attached to any stationary bollar or the blowing of any *Cw loud or far-reaching steam whistle within the city limits, except to give notices of the time to begin or stop work or as it warning of danger; 14) The erection, excavation, d6moittion, alteration or repair work on any building at any time other than between tho hours of 7:00 a.m. aced 8:30 p.m., Monday through 'Cross references-Yrotocted migratory bird roosts declared nulsanes, # "7; inspection seq.; insect and rodent control in mobil home and rer and abatement warrants, S 1988 at • • reatiaa+' vehicle parks, 4 3291, f' 5 9upp. No. 1 1388 0 Gee Q ;y EAUenda a No. pem 4 20.1 DENTON CODE Saturday; provided, however, that the city council may issue special permita for such work at other hours in case of urgent necessity and in the interest of public safety and convenlonce; 16) 'rho creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of balsa, boxes, crates or con. tainers; (s '6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which cause crowds or people to i. block or congregate upon the sidswsll s or streets near or adjauat thereto, z (Code 1968, H 14.20, 14.21) Crow reference-Animal noise, 4 6.26. Sec. 20-2. Odors. (a) It shall b4 unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawfW for any person to create or cause any odor, stench or smeU of such h character, strength or continued duration es to substantially interfere with the comfortable .ig enjoyment of private homes by persons of ordinary sensibilities. Icl The following seta or conditiona, among others, are deeclared to be odor nuisances in 6 violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar plaza where animals are kept or fad which disturb the comfort and repoes of persons of ordinary E sensibilities; (2) Offensive odors from privies a" other similar places- 0) Offensive odors tkom the use or possession of chard als or from Industrial psoasees or activities which disturb the comfort std repose of persons of ordinary sensibilities; p (4) Offensive odors t}om sacks from the burning of treab, rubbish, rubber, ehssniala or other things or wbdaDow • (6) Offensive odor firom staatant pools allowed to remaln c my promises or from rottl2w garbs•S, refuse, odW or dead anlu alse on any premix. a. (Code 1946, If 14-22,14-23) Sec. 20-3. GwAsssdia, trash sad rabbiate ntaiaaooss-Oensra111r. (a) Storing or heeping garbage, trash and rubbish. The storing or keeping of any and Al • stacks, heap or piles of old, lumbar, refuse, Junk, old an or meechlaay or patty thereof, ~ • O garbage, truh, rubbish, scrap material, ruins, demolished or partly demoUshed structure or buildings, piles of stones, bricks or broken tracks on any promises bordering any public street Supp.No.1 1390 • c, 0 ~s E DENTON oooQoaaoQOOOOO opo~~ ~o 00 pOv ~ a a cn a ( o a o ~ 0 oD a~ pb oooQ ~ N . ~ 0000 aoaaaaaoo Dp0 r* ~ CITY COUNCIL 0 f. ® ITT 0 • o F Ott; DATE: 5 CITY COUNCIL. REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 1,233 acres from Speciflo Use Permit S-140 (with underlying Agricultural (A) zoning) to the General Recall Conditioned (GR(c)) zoning district on property located on the northwest comer of Ryan Road and Teasley Lane. Rt;,S ME DN ATION: The Planning and Zoning Commission recommends approval of the rezoning SUMMARY: See Planning and Zoning Commission Report, BACKGROUND; See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. i 1 Respectfully submitted: • V. Z Llo Harrell City Manager J r rC' d 1 i • >t Apenu~ No. ACen4a ttam Prepared by: DO Walter E. Reeves, Jr. Urban Planner Approved: rank *Robblnt,CP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment 03; Draft minutes of September 13, 1995, P & Z meeting, I i ,t ~ . d ca • S AOenda No s . DENTON PLANNING AND ZONING COAIM ON REPORT { Can 0 Z-95-019 October 17, 1995 GENERAL INFORMATION Applicant: Lakewood West Joint Venture 3939 Teasley Lane Denton, TX 76205 Current Owner: Same as applicant s Action: Requesting rezoning from S-140 to the Oeneral Retail (Conditioned) (OR(c)) zoning district. Location: Northwest comer of Ryan Road and Teasley Lane (See Attachment 1). Surrounding Zoning & Land Use North: Mobile home park in S-140. South: Agriculturally zoned land and PD-93. East: Agriculturally zoned land, a mobile home park, and a small general retail center. West: Mobile home park in S-140. Denton Development Plan Low Intensity: Study Area 882 (78% allocated). i SPECIAL INFORMATION The property will have to be platted before development ran take place. The specific public improvements that would be made will be addressed at the time of platting Generally, there will be right-of-way dedicated along both Ryan Road and Teasley Lane, and sidewalks will be required along both frontages. Water is available from an eight Inch line located on the north side of Ryan Road, Sewer would have to be extended from the west along Ryan Road. Electrical service would be provided underground, and two easements would be necessary. to BACKGROUND The land is currently an undeveloped part of the existing mobile home park, Lakewood West r Joint Venture is interested in developing the proposed 1.233 acre site as a small shopping center of approximately 4,000 square feet. The property is located on the northwest comer of Ryan Road and Teasley Lane (FM 2181), and is wooled on its eastern side along Teasley, NOTICE • Four (4) notifications were mailed on September I, 1995, A total of two replies were received, both in favor of the request. i • • r,pende Item rry { ANALYSIS Date Intensity The proposal Is to rezone 1.233 acres from S-140 to the General Retail (OR) zoning district. The Intensity analysis for this project is relatively simple. The overall intensity allocation for the property is 74 intensity trips (1.133 acres x 60 Vd/ga). The proposed Intensity on a gross acreage basis is 801 Intensity trips (1,233 acres x 650 t/d/g). This exceeds the maximum d intensity allowed by the plan by 727 intensity trips. Calculating the proposed intensity on a E square footage basis (assuming 4,000 square feet of floor area) yields 240 Intensity trips (4,000 sq. ft. x 60 trips/1,000 sq. fl. of floor area), a much lower Intensity calculation, In either case, the proposal exceeds the maximum intensity allowed by the Denton Development plan. I' Concentration The Denton Development Plan policy regarding concentration of nonresidential uses in low Intensity areas is met by this proposal. Separation The Denton Development Plan policy regarding the half-mlle separation between nonresidential uses in low Intensity areas is not met by this proposal as a gas station/convenience store is located just south along Teasley Lane. When the analysis indicates that a proposal Is hicc.isistent with the Plfm's Intensity Policy, the next stage in reviewing a request Is to analyze it on the basis of four other criteria outlined in the Denton Development Plan. To quote the Plan If a specific request violates the general policy of proportionate allocation (intensity) a i determination should then be made whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity, The Planning and Zoning Commission and City Council should consider the following items, but are not limited to these items: A. The location of the proposed development In reference to existing cr proposed public E facilities, such as streets, water or sewer lines, and drainage facilities, The proposed rezoning is located on the northwest comer of Ryan Road and Teasley • Lane. Teasley Lane (NM 2181) is a state highway and Is classified as a primary arterial by the Denton Development Plan, Ryan Road is classified as a secondary arterial by the Denton Development Plan. 'T'here Is an eight (8) inch water line along the Ryan Road frontage of the property, and a sewer line is available at the western end of the Ryan Road frontage of the mobile home park. Electrical service would be provided by the City. A fire station is located approximately one stile north of the O proposal along Teasley lane, " ' . e I~ / r r r A9r"da nem 44 B, The topography of the land in the planting area and the propos r There are no topographic features associated with the proposed development that would hinder Its use as a small general retail center, There is a wooded area on the r proposed site along the Teasley Lane, frontage. F C. The land use in the planning area and surrounding areas. s The proposed site is surrounded by a mobile home park on the north and west sides. To the east across Teasley is another mobile home community, a gas station/convenience store, and a radio lower. To the south is a single family residence and the currently undeveloped PD-93. D. Allocation of trip generation intensity in reference to other policies of the Plan. Chapter 4 Specific Area Policies, Subsection B address development along Teasley Lane/FM 2181/Lillian Miller/Hobson Lane/1-35B. The plan states; The policy of this Plan therefore is to restrict the further intrusion of high and moderate intensity land uses in this area. Limited neighborhood services and high density housing consistent with the standards for a low intensity area, are not prohibited. The following specific guidelines are required, L The neighborhood density/intensity standards should be closely monitored and vigorously Implemented, 2. Restrict curb cuts to Teasley Lane, FM 2181, Lillian Miller, and Hobson We. 3. Residential subdivisions should be generally designed so houses do not face onto major thoroughfares. new should access onto local and collector streets, 4. Through traffic to and fiom the DPW Airport along FM 2181 should be discouraged on that portion north of the proposed Loop 208, The intent is to protect the single family neighborhoods In the southeast area, For example, the creation of a moderate node at FM 2181 and Loop 288 without offsetting FM 2499 will be. In direct conflict with this policy. Regarding this request, only numbers one and two apply. Curb cuts will be restricted to FM 2181. Item one is a grey area. On the one hand, the proposal at 4,000 square feet is over the maximum intensity allowed, however, the overall analysis would seem to indicate that it is not entirely out of keeping with the plan, This proposal Is not inconsistent with the strip commercial development policy of the r Plan in that it is a single OR lot located at the comer of two arterial streets. There is no other commercial zoning adjacent to the proposal, t i. i } rApr& clam 00 RECOMMENDATION The Planning and Zoning Commisslon recommends approval of this request with the following conditions; 1. The list of permitted uses be shown as in Attachment 3. 2, The maximum square footage for all building(s) on the 1.233 acres be no more than four thousand (4,000) square fed, 3. That there be no corrugated or other metal buildings, on tho 1.233 acres, 4. All buildings be no more than one (1) story, ALLURNAUU 1. Approve as recommended by the Planning and Zoning Commission, 2, Approve the application with different conditions. 3. Postpone consideration. 4. Deny the request. ATTACHMEN S 1. Location Map. 2. Zoning Exhibit. 3. List of permitted uses. • • r~i, 5 rf w bow )AF' r ACOM "arm Data i ~ I S•KXS~M 0~. 6 MRS! f. tOAnC ~ ?i~ NT 0 V I :o4 VI;• SITE O O C ~ i 1r i e Location milp ; • a~ • • _ _ SF 7 ~ TTO C PV1t►J 1• f cs +Y. J6RERAIAH FISHER SUPIVEY A 4R1 DENrON WEST MOBILE HOME PARK .0 fi 5-ne 4. rl. . OOAO' EDICATI VACANT AORI q PARK lNVESTMe1 VWume 1 •P4018511! . pIOEWA 5eu E%ISTINO OA REFS yoEAl GEN 4L RETAI \~rp 1.U 9 % THIS ITEM RNER CUT ' [ \ h~ IauINrdesaanON SCHEDULED L - - - ~r Cca e erarar w 4ee,7 o , JON 1 IF M95 I FOR D.R,O. -T JT LAX EWOOD ESTATES MOBILE HOME PARK er I// ,e F IRI kOM ELI PICKgTT BURVRY A ^ 1018 I', L ~i ~ i r h. OWNS KNIGHT 3 MILLER PARTNERSHIP 1800 WILSON ST. Ike, ; DENTON, 1XAS ul ra ro Y 76202' TF I r , nE110 t ` r I I I 'ound Irrn *fn I'et %I ;I, Pin VICINITY MAP rime I. top N,T.S. Elrrlrlr lone Irirnhnnc Llnc • • w • Agernda No, ATTACHMENT 3 Agepda Item PERMITTED USES Z-95419 Date - Art Gallery or Museum Day Nursery or Kindergarten School Hospital (Ganeral Acute Care) _ Occasional Sales Accessory Building Temporary Field or Construction Office (approval and control by Building Official) Off Street Parking Incidental to the Main Use Off Street Remote Parking Telephone, Business Office Amusement, Commercial (indoor) Dance Hall or Night Club Public Park or Playground Auto Sales and Repair (In Building) Gasoline Service Station/Convenlence Store New Auto Parts Sales Stores Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Mimeograph, Stationery or Letter Shop Offices, Professional and AdmHstrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops4,000 square feet or less Studio for Photographer, Musician, Artist or Health Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery ..x'02, • 0 s c.+ 0 Agtndsk e P&Z Minutes DO September 13, 1995 Page 2 Ms. Flemming: I'll second, Mr. Powell: I would like to know if the owner is here or a representative? Ms. Russell: I think not. Any other discussion or questions? All in favor of the motion please raise your right hand. Opposed same sign. Approved (7-0) II, Consider approval of the minutes of the August 23, 1995 meeting, Ms. Russell: Are there any corrections'? Seeing none the minutes will be approved as presented. Ill. Hold a public hearing and consider a rezoning of 1.233 acres from Specific Use Permit-140 for mobile homes to the General Retail Conditioned zoning district, The subject property is located on the northwest corner of Ryan Road and Teasley. (Z-95-019) Ms. Russell read the rules for the public hearing and opened the public hearing. Mr. Reeves: This is a rezoning of 1.233 acres located on the northwest corner of 'Teasley and Ryan Road from specific use 140 with an underlying zoning of agricultural to the general retail conditioned zoning district When doing a rezoning the process involves using the Denton Development Plan which allocates land use intensity on the basis of intensity trips. In this case the area to be rezoned is in the low intensity area. For this site the maximum number of intensity trips is seventy-four intensity trips. The trips to be allocated per acre per day is six hundred and fifty for commercial, retail type uses. In relation to this property the total number of intensity c, ips would be eight hundred and one on a gross acreage basis, which is roughly eleven times greater than the maximum allowed by the plan. 'T'hroughout the process we have been working with Mr. Button and he represents Lakewood Joint Venture. He had indicated early on that he was more interested in approximately four hundred square feet of floor area, and with that knowledge we could f also do the analyAi on the basis of the proposed square footage. The plan allocates trips on the basis of sixty trips per thousand square feet of floor area, so the maximum intensity would be two hundred and forty intensity trips. this still exceeds the seventy-four intensity trips allowed by the Plan, but is clearly considerably less than the eight hurt. red and one figured on gross acreage basis. In allocating intensity the proposed ..,e .;ven at four thousand square feet is still somewhat over what the plan recommends. In cases to like this the Plan allows for the proposal to he analyzed on the b-Isis of other factors but the main three that the Plan uses are intensity, concentration and separation, The second w one is concentration and on the basis of a low intensity area the maximum amount of / acreage that you can have for a use that might be more intense is limited by the kind of street that it is adjacent to. In (his case given its tocation it would he limited to a • ru • P&7.. Minutes Ago 6, September 13, 1995 Oale~ I Page 3 maximum three acre site and the proposed change is for only 1,233 acres, so it meets that requirement. There is a separation requirement which means that these areas have to he t separated from other similar areas by a hall' mile distance. Along Ryan Road there is no concentralioa of this type within a half mile, nor is there one on this side of Teasley Lane. On the other side of Teasley Lane within the half mile distance there is a small gas station, i' convenience store type use but it is on the opposite side of Teasley. The other factors that the Planning and Zoning Commission can consider in case a project or proposal exceeds t the intensity allocation the first of those is the location of the proposed development in reference to exisn ig or proposed public facilities such as streets, water or sewer lines, or drainage facilities. This particular project is located on the corner of Ryan and Teasley: Teas!.y is an arterial street and Ryan is a secondary arterial street: There is an existing water line on the Ryan Road frontage across the property and there is a sewer line at the west end of the area for specific use permit 140, which is the west end of the mobile home area there. In this regard it would seem to warrant an allocation greater than that allowed by the plan The second consideration is the topography of the land, the planning area, and the proposed development. There are not any topographic features that would hinder its use for a small retail center: 'T'here is a nice wooded area on the western end of the property along Teasley Lane. Thirdly the land use, the ph nning area, and the surrounding areas to the north and to the west is the mobile home park, across the alreet there is a residence that sets back off the road, but basically the rest of the property across Ryan Road is vacant. There is a radio station on the other side of Teasley Iane and another mobile home park. Further down Cite road is a small gas station/conveidence store. The last consideration is ttte allocation of intensity trips. The plan doe, address Teasley Lane, F.M, 2181, Lillian Miller, Hobson Lane and I-35E. 'T'here are four items that are specifically addressed. Only the first two seem to apply to this case. The neighborhood density intensity standard should be closely monitored and vigorously implemented. And 3 that res(ricling curb cuts to Teasley Lane in the platting process when this piece of property is planed there wili be restricted access to Teasley Lane. The only real consideration here is whether the density intensity standards are monitored and basically by this process that is what we are doing. This proposal would not be inconsistent with o the strip commercial development policy of the Plan because this is a single general retail lot located on the corner of two arterial streets. There Is no other commercial zoning or land uses adjacent to the property so you can't call this a strip type of development. You have a list of uses as proposed by the applicant. The analysis was done on the basis )f four thousand square feel of L,ilding: We are recommending the list of proposed uses submitted by the applicant and the four thousand square foot building size. We are also 0 °ecommendifill that there be not metal or corrugated buildings on the property, and that all 6 huildings be no more than one story in height. • • Ms. Russell: Any questions? t' "OffibWEENMEIM • p • t) i S ' A~nda 1t ~ s P&'L Minutes AUenda It M September 13, 1995 Date Page 4 Mr. Powell: Why is it restricted against a metal building? Mr, Reeves: Just an aesthetic reasoning, but you don't have to accept Ilia, if you don't want to. Ms. Russell: Would the petitioner care to speak? Mr. R.J, Button: My nnme is R.J, Button and I reside aI 3939 Teasley Lane. I am the majority owner of Lakewood Wes[ Joint Venture and the original builder of Lakewood Estates and that was in 1982. 1 purchased the Denton Mobile Home West Community in March of 1990 and at that time it was at about 70% occupancy. Today it is around 96% occupancy. I developed akewood Estates and I am proud of it, On June of this year I brought this proposal to DRC. They had several suggestions and proposed changes, and to the best of my knowledge every single one of these conditions has been met, The Ryan Road sewage lift station is basically on my property and adjacent to this prop°rty. We will be extending a sewer from that point to the cast, across this development up to Teasley Lane for future use by adjaL nt properties on the east side of Teasley Lane. The existing eight inch water line Ilia( runs across the property is the water line that I extended from Good Samaritan Lakewood Village down to Lakewood Estates In 1982. It would be a benefit for me to be able to tie into this line that I build several years ago, This is a general retail use with conditions. I took the list of uses that are permitted under general retail and took approximately fifty percent of those uses that I didn't feel were appropriate { and crossed them oif. 1 only left those that 1 thought would be appropriate. Since I am the owner of Denton West and Lakewood Estates I am the neighborhood surrounding this project, F.M, 2181 is going to be widened to four lanes some time in the future and at some lime there is going to he major right-of-way dedications given to city. I have no problem with staff's recommendations, This will be a one story structure, What ever 1 say I will do, 1 will do, and there will be a canopy over the gas pumps. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak • in opposition to the petition? We will close the public hearing. Does staff have any final remarks? Ms. Schertz: I would just like to say that this would he a great improvement. I would like to move that we approve the rezoning of 1.233 acres from Specific Use Permit 140 for mobile homes to the general retail conditioned zoning district with the following conditions: ® (1) the list of permitted uses be shown as in attachment 3, (2) the maximum square footage for all buildings on the 1.233 acres be no more than four thousand square feet, (3) that • • there he no corrugated or other metals buildings on the 1.233 acres, and (4) all buildings be no more than one story. • U) • i t tr Attend$ P&'I, Minutes Agenda t Mll) September 13, 1995 oats Page 5 Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Oplymed same sign. Approved, (7.0) IV. Briarcreek Development, I-ols 26R and 34R, Block K, being a replat of Lots 23-26 and 31 37, Block K and Lots 6.16, Block L of Brirrereek Development, Fifth Installment, Section 1. The subject property is located on Fincher Road, approximately 2,000 feet north of Hickory Hill Road, in Division 1 of Denton's ETI. a. Consider a variance of the flood plain dedication requirement of Section 34 of the Code of Ordinances of the City of Denton. h. Hold a public hearing and consider the preliminary and final replats. Mr. Robbins: A stale law enabling legislation was amended this year that affects this plat and this just came to our attention today. The variance is no longer necessary. With the amendment to the state law this, what is called replat, qualifies as an amending plat and that state law was effective ten days ago. Our ordinance states that for an amending plat additional exactions are not required. Therefore the variance to the drainage easement, because there was no drainage easement in tha original plat that is now being amended, is not required and therefore the variance to that provision Is not applicable. Staff has had an opportunity to review this final plat and the preliminary and final plat do comply with the Subdivision and Land Development Regulations. DRC recommends approval of this plat, Ms, Russell: Since we have not had a chance to look at this perhaps you could point out the changes for us. Mr. Reeves: The only difference is that the plat you have on the desk in front of you does • not show drainage easements. Mr, Cochran: So we have skipped over part a and we are on part b? Mr. Reeves: That is correct because this is now an amending plat. ® Mr. Cochran; Does this mean that we will see less drainage variances In the HTI? A O Mr. Robbins: What this means is that there are two provisions of the state law that apply to this kind of plat. One it gives a city staff member the authority to approve amending plats. The other tne is that it only applies to this kind of replat or this kind of t • Ua • s' Z•95.019 Apenda No. Aganda Item call ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH SPECIFIC USE PERMIT 140 (5-140) TO THE GENERAL RETAIL CONDITIONED (GR(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1,233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (P.M. 2181) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lakeview West Joint Venture has applied for a change in zoning for 1,233 acres of land from the Agricultural zoning district classification and use designation with specific Use Permit 140 (5-140) to the General Retail Conditioned (GR(c)) zoning district classification and use designation] and WHEREAS, on September 13, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan! NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A CTION I. Th'.t the zoning district classification and use designation of the 1.233 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from Agricultural with Specific Use Permit 140 (5-140) to the General Retail Conditioned (GR(c)) zoning district classifi- cation and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. The uses described in Exhibit 2, attached hereto and y incorporated by reference herein, are prohibited. • 2. The maximum square footage for all building(s) on the 1.233 acres shall be no more than four thousand (4,000) square feet. , 3, There be no corrugated or other metal buildings on the 1.233 acres. 4. All building(s) shall be limited in height to one (1) • story. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. a SECTION IU. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding • m • Alyda iltm Dttl $2,000.00. Each day that a provision of this ordinance is violatod shall constitute a separate and distinct offense. S& TION IV, That this ordinance shall become effective four- teen (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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i • .J r I n,a. , • r v law L. I...K ► 1 b :7 AOen ite AgenO da Il~m FIELD NO At 17, L3 All that certain 1+233 acre pact or parcel of land iitUced in the Jeremiah Fisher Survey, Abstract Number 421, Denton County, Texas, said pact Park Investments by deed recorded in Volume 1392, being part of a tract conveyed to page 985 of the Real Property Records of Denton County, Texas; said 1,233 acre tract being more particularly described as follows; Beginning at the southeast comer of the tracr, being described herein at a point in Ryan Road, Bald point also being the southeast corner of saia Park Investments pact, said point also being in the west right-of-way line of i'arm to Market Road 2181, also known as Teasley Lane; Thence South 89 degrees 02 minutes 32 seconds West with the apparent centerline of Ryan Road a distance of 486.70 feet to a point for the southwest corner of the herein described tract; Thence North $6 degrees 03 minutes 50 seconds East, along tnd near a fence, a distance of 405.60 feet to a point for the north corner of the herein described tract, said point also being in the east lino, of said. Park Investments tract and the west right-of-way line of said Teasley Lane; Thence South 34 degrees 31 minutes 00 seconds East with said Park investments east line and said Teasley Lane west right-of-way a distance of 264,94 feet to the Point of Beginning, containing In all 1.233 acres of land. a i 1 r • • Agenda Ho. " Exhibit 2 4atE.._-- List of Prohibited Uses Z-95.019 Community Unit Development Dormitory, Boarding or Rooming-House Hotel or Motel t Church or Rectory college or University or Private School Community Center (PubliO Group Homes Halfway House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients ! Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (Private) Electrical Substation Electrical Transmission Line Fire Stal.ion or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Radio and/or Television Microwave Tower Sewage Pumping Station Private Swimming Pool Telephone Line Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-way Commercial Parking Lot or Structure • Auto Laundry Mortuary or Funeral Parlor Retail Stores and Shope - Over 4,000 sq..,re feet Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Private Utility Shop or Sturage Yard • Public Building, Shop, Yard of Local, state, or Federal Government Water "Vreatment Plant • Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport 0 r r'« DENTON } ooaa oao 0000000 x a ~ o a ° 0 0 0 Ov ~ p0 ppp r ~ ~-Od0 Qoa~aoaoo s CITY COUNCIL , r 94:- 0-j 7 Apende IUm D&W October 17, 1995 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 2,0015 acres from the Single Family 7 (SF-7) zoning dlstriot to the Light Industrial Conditioned (LI(c)) zoning dlstr!ct on propeny located on the sov'hwest corner of Morse and Woodrow RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezor,!ng (6-0). M MARY: See Planning and Zoning Gommiss;on Report, BACKGRQVNDI See Planning and Zoning Commission Report. PRQGRAM$. DEPARTMENTS OR GROUPS AFFECTED Not applicable, FISCAL IMPJCT.- Norm. i Respectfully submltted; e ll 4~4e C ity Manager r. rrrrrr>arr 'Y Apende NO, Agenda Item Dale Prepared by: Walter E. Reeves, Jr. Urban Planner Approved: rank Robb s, AICP~ Dlrector Planning and Development AMachment #1: Planning and Zoning Commission Report. Attachment #Z Ordinance. Attachment 03: Draft minutes of September 27, '1995, P Z meeting. e c w M Agenda No. - DENTON PLANNING AND ZONING COMMIS Agenda IfEm $IpN RFpp~~. . Z-95.021 To: Planning and Zoning Commisslon From: Walter E. Reeves, Jr., Urban Planner Date: October 17, 1995 Subject: Z-95-021 QESJERAt. INFORMA m Applicant Mr. Cliff Reding & Mr. Toni Llliy 211 Woodrow Lane Denton, TX 76205 Current Owner: Harry Riney Enterprises, Inc. 520 S. Elm Denton, TX 76201 Action: Requesting rezoning from the Single Family 7 (SF-7) zoning district to the Light Industrial Conditioned (LI(c)) zoning district. Location: Southwest comer of Morse Road and Woodrow Lane (see Attachment 1). Surrounding Zoning A Land Use: North: There Is some larger lot, single family residential development along Morse, across Morse to the north Is a single family residence, a print shop and mint-warehouses, The zoning Is Ilght Industrial, and SF-7 towards the west. South: Light Industrially zoned land and uses. East: Vacant land In the LI zoning district and an old, occupied, single family residence In the SF-7 zoning district, West: Some larger lot single family development, and further west, a single family subdivision Area to the west is In the SF-7 zoning district, y Denton Development Plan Low Intenslty Area #52 (129% allocated) r SPECIAL INFORMATIr)N ~ ' The property will have to be platted before development can take place, The specific public improvements that would be made will be addressed at the time of platting. Generally, there will be right-of-way dedicated along both Morse and Woodrow, and ' • O sidewalks along both streets, There Is an existing 6" water line and 8" sewer line along Morse, and a 20" water line and 8" Inch sewer line along Woodrow. No drainage improvements are forseen, e 0 A Ca i i Agenda No. S Aperda Item Dale BACKGROUND The land is currently undeveloped, although at one time there was probably a E residence on the site. The property Is located in Low Intensity Area #62, Mr, Reding and Mr, Lilly would like to rezone the property for Light Industrial type uses, and plat approximately seven (7) lots. Almost all the bulldings will probably be metal, facing toward Woodrow. The subject property was In the Single Family 6 (SF-5) zoning district according to the 1969 zoning map, At some point In the early 1970's the City eliminated the SF-6 zoning district, and all SF-5 properties became nonconforming SF-7 lots. A preliminary plat for nine (9) single family lots was approved by the Planning and Zoning Commission on March 23, 1994. A variance associated with the plat was approved by the City Council April 5, 1994, and the final plat, with the variance, was approved by the Commission May 11, 1994. That plat has never been submitted for recording. TI Eight (8) notifications were mailed on September 16, 1996. Two replies were received, one In favor and one opposed, The reply in opposition controls land area totalling 26% of the area within the two-hundred foot notification radius (Attachment 4). However, the reply In opposition was submitted by an agent of the property owner (NW Realty, Inc., Houston), and as of the time of preparation this report, no confirmation had been received from the property owner acknowledging the authority of the agent to respond In opposition, staff has sought such documentation from Mr, Fouts who signed the reply form In opposition, If such documentation Is received, then the '20% Rule" will be In effect, which requires a "supermajority4 (six (6) votes) for the Council to approve the request, If no documentation Is received, then only a simple majority (four (4) votes) Is requlred to approve the request, ANALYSIS Intensity The proposal Is to rezone 2,0016 acres from the Single Family 7 (SF-7) zoning district to the Light Industrial Conditioned (LI-(c)) zoning district, The overall Intensity allocation for the 2.0016 acres Is 120 Intensity trips (2.0016 x 601/d/gs). The proposed Intensity of the project on a gross acreage basis will be either 1,600 Intensity trips (2.0015 acres x 050 t/d/ga for Commerclal/Retail uses), or 210 (2,0016 x 106 t/d/ga for Industrial uses), Both exceeds the Intensity allowed for low Intensity areas, t Separation For a low Intensity area the Denton Development Plan has a half-mlle separation e requirement from any other non-residentlal/retail center, This proposal Is directly r adjacent to another light Industrial development to the south. f' . i. • i' tow em Concentration The concentration policy for low Intensity areas Involves the size of non-residential centers depending on their access to a specific category of thoroughfare. The maximum size allowed with access to a secondary arterial (Woodrow Lane) Is three (3) acres. This policy of the plan is met. In low Intensity areas when the analysis indicates that a proposal Is inconsistent with the Plan's Intensity Policy, the next stage In reviewing a request Is to analyze it on the basis of four other criteria outlined In the Denton Development Plan. A, The location of the proposed development In reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. The proposal is located on the southwest comer of Morse Road and Woodrow Lane. There Is a 6" Inch water line and 8" sewer line in Morse Road, and a 20" water line and 8" sewer line in Woodrow lane. There are no drainage facilities In the area, and the only public improvement will be sidewalks and right-of-way dedicated by the plat. B. The topography of the land In the planning area and the proposed development, There are no topographic features associated with the site that would substantially limit Its development, C. The land use In the planning area and surrounding areas. The subject property Is within the SF-7 zoning district. Surrounding uses and zoning districts are a mixed bag of single family residential uses and Ind ustrial/commercial type uses. Certainly, the frontage along Woodrow Lane is attractive for commercial/Industrlai development, while the property further to the west is more attractive for single family development, Given the mixed nature of the area, the property along Woodrow could be considered a transitional location to the light industrially zoned property to the east. • D. Other policies The proposed project Is not consistent with the Strip Commercial Policy of the Denton Development Plan, This policy Is: Any form of continuous strip commercial is strongly discouraged In/or near low intensity areas. • • To mitigate the effects of the "strip" commercial development the Commission recommandf, having access only to Woodrow (the lower classified street), and by planting an additional tree on each lot. e Apenda No. Ap Na Item RECOMMENDATION Dili The Planning and Zoning Commission recommends approval of this request wlth the following conditions: 1, Permitted uses are restricted to uses deacribed in the proposed list of permitted uses as shown In Attachment 3, 2 In Ileu of a six (6) foot fence along the rear of the property, as much of the existing vegetation be saved and maintained, and additional vegetation be planted and maintained to "fill-in" any gaps so that a six (a) foot high vegetative screen Is created as per SeotIon 3163 of the Denton Code of Ordinances and Its successors, 3, To mitigate some of the Impact of the strip development nature of the project, an additional tree (2" diameter) be planted on each of the proposed lots beyond the number required by Chapter 31 of the Code of Ordinances of the City of Denton 4. That there be no access to Morse Road, and nnly one drive access to Woodrow. 6. That any materlals stored outside any structure be in an area screened by a wood, masonry, vegetative, or metal screen at least six (6) feet in height, If a vegetative screen is chosen, the vegetative material must remain opaque throughout the year, If it metal screen Is chosen, it must be of the same material and color as the main structure, ALTERNATIVES I Approve as recommended by the Planning and Zoning Commission. 2, Approve with different, or additional, conditions. 3. Postpone consideration. 4. Deny, r ATTAO~I EI NTS 1, Locatlon Map. a 2. Zoning Exhibit, 3, list of Permitted Uses, 4, Twenty percent rule map, s ~ e + • 0 • . f C~ ~WdsA00. ~partde Ifrm Oale_ H ' 0 ~ iaao KNe~Y I 11 ~I dl Laid L J yA00 1 UIL UC~~~ ova F. IA. 42 ar El=o rr J t r M ~ P IF ~ `"c SITE r ~t qn • HADV OAKS OR. ;TA d r~ VAt[II iK+11t'!hl Leoalse■ flap • o • PHOTOCOPY a&7 FL ~ btN - o' P4 44, k '4L •y` .,h`f1 s r r h• lot it, w I j 51 r ' J 4 pit t sj tE ~ I r • r r r 02 ~ ' , I~N • • Agenda No. ATTACHMENT $ Agenda Hem LIST OF PERMITTED USE Us 0o asional Sales School, Business or. ide Aocamory Building Telephone, Business office Amusement, Commercial (Indoor) Hauling or Storage Company Auto Painting or Body Repair Auto Sales and Repair (In Building) New Auto Paris Sales Stores Seat Cover and Muffler Installation Shop Used Auto Paris Sales (in Building) Bakery or Confadkxnery shop (Retaii) Cleaning and Pressing Small Shop and p1kup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Household Appliance Service and Rapafr Laundry or Cleaning SaK Service Mimeograph, Stationer) or Laster Shop Offices, Professional and Admfnistrailve M Premise Sale Beer and/or Wine Pawn Shop Retail Stores and Shope - 4,000 square feet or less studio for Photographer, Musician, Artlst or Health Secondhand Store, Used Furniture or Rummage Sale Tod or Trailer Rental Animal Clinic or Hospital (no outside runs or pone) Greenhouse or Plant Nursery (Agricultural type uses) Bakery (Wholesale) Buhlding Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags Of Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Engine and Motor Repairing Feed Store • Job Printing or Newspaper Printing Laundry Plant (Commercial) Mllk Depot, Dairy, or Ice Cream Plant Paint Shop Petroleum Products, Storage • Wholesale Plumbing Shop Scientific or Research Laboratories • Storage or Sales Warehouse Trailer Rental or Sales • • Transfer, Storage and Baggage Torrninal Wholosalo Office Light Manufacturing or Industrial Uses which meal the perforrnance standards proscribed In Sedlon 35• 328 and Section 35330 ;i • d , 0 a A,TrAcAbWtJT Ap a Item aM' I f i 1 1 ` 11 t I f i J h f r Z t~ i r Inlal A(req;e - 91921 acres Idea rq P*.t eNAR Q,ao(t 611 hAdoi) Area OppasI'd acres O1. ?GI • o • 4? O EAgenda P&I Minutes Item ' ` J September 27, 1995 Page 4 raising your right hand. Opposed saute sign, Approved, (6-0) III. Hold a public hearing and consider rezoning a 2,0015 acre tract located on the southwest corner of Morse Road and Woodrow Lane from Single Fancily-7 (SP-7) to the Light Industrial conditioned (LI(ci) zoning district, Ms, Schertz read the rules of procedure and opened cite public hearing. Mr. Reeves; 't'his is a rezoning request on the southwest corner of Morse Road any: Woodrow Lanc, Subject property is slightly over two acres and it is currently in the single Gunlly seven zoning district. The applieatlon Is for light Industrial conditioned zoning district. At one point in time there was probably a residence on the property, In 1994 (here was a nine lot subdivision plat that was approved for this property, a preliminary and final plat. 'rho final phi has never been recorded with the County. The platting process has not been completed. Ii '!he applicant decides that he wants a different lot arrangement then he will have to go through the platting process. We sent out eight notifications for this and we have received two replies, One is from the applicant in favor and the other is from one of the surrounding property owners, That property owner objected to the rezoning request and they represent 26% of the total area within two hundred feet, so the 20% rule will be in effect when i( goes to the city council. Briefly this proposal does not meet the intensity standards of the Plan and it does not meet the separation requirement of the Plan, It (toes nteel the concentration policy. When we have a rezoning in a low intensity area that doesn't meet the Intensity requirement we (yplcally look at several other factors, the first of those buing the locntlon of the proposed development In reference to exis(ing or proposed public facilities such as streets, water, sewer lines, and drainage facilities, 'there are public facilities available to this property both on Morse Road and Woodrow Ltinc, 'I tic approved plat had a small amount of right-of-way being dedicated along Woodrow Lane and Morse Road. Those would still be in effect even if the applicant wants to come up with a different lot configuration. 'T'here are no drainage Improvements required. 'rho only public improvement would be sidewalks along Morse Road. The t second factor to consider is the topography of the land and it is fiat. There are some rather large trees near the center of the property that depending on (he lot arrangement might require removal of one or two. 'T'he land use for the surrounding area is mixed. To the south is all light Industrial zoning, To the west is sonic similarly sized lots with single family residential houses. Further to the west Is a subdivision, To the north Is a single to family residence across the street, and (hen there Is a printing company and some mini . . warehouses. This particular request is not consistent with the Plan's strip commercial development policy in regard to low Intensity areas. We discussed the situation with the applicant and we came to an agreement to help mitigate some of the effec(s of the strip development (1) there will be no access on Morse and only one access point on Woodrow • c> to ,rfO ix Tel tl jt ~ AgP&Z Minutes ApSeptember 27, 1995 pate I,t Page 5 r Lane, (2) an additional tree will he planted on each lot in addition to the required landscaping. Staff recommends approval with a list of conditions. Attachment 3 is a list of permitted uses, that has been pared down with the applicant, that will limit the uses for the light industrial conditioned zoning district. On the west side of the property there is an old fence row that has some vegetation along it, Our Landscape Ordinance requires that either a six foot fence or a screen of vegetation be built there. We have worked this out with the applicant and they have agreed to keep the vegetation and fill It In where needed. Any material stored outside of the structure will be screened by something khat Is six feet in height. The applicant is proposing to build aluminum buildings, We did not include any conditions concerning this but It you feel the need for it then you can certainly add them. Ms. Schertz: Are (here any questions? Mr. Moreno: Could you go back to attachment P How far is this site from Tomas Rivera school and are there any children that would be walking in front of this'? Mr. Joncs: i don't believe there will be anv children walking In front of this proposal, Mr, Moreno: I would suggest to staff that all schools and any significant structures be Included on your site plans and maps. Ms. Flemming: Is this the only area In the city that we are allowing metal buildings to be built? I have noticed on several cases that we have had that metal buildings have not been allowed. It seems that this particular neighborhood is being surrounded by metal buildings. Mr. Robbins: With respect to the standards in our Zoning Ordinance or any other y ordinance (here Is no specific prohibition for metal buildings. It is an Idea that we have brought forward with some previous zoning cases along I-35 in particular in which the tb appearance of what t+, id he bulls was an Issue and that it not be metal. As conditioned or par( of planned development zoning the aesthetics, the building type, and the material (hat the building would be built with have been an issue. You can take it into account as it addresses the strip commercial Issue, and that Is what we have been doing, The Issue here is that there are already a bunch of metal buildings there. Ms. Flemming: I know and that is my concern. I really don't want to see this trend continue. Metal buildings don't enhance this area and they eventually deteriorate and the • property value In this area will go down. t .J Mr, Robbins: It can be made a standard of this zoning district and that is what you have a u~ 0 tt I P&7. Minutes 7ArgendAadt'' September 27, 1995 Date 7 Page 6 f seen in the other two cases. You can do that and that makes it a standard that has to be followed in this particular zoning district. If you look at the standards that we have wriiten and the ordinances there is no prohibition. The only way to do this is as part of a conditioned zoning case or part of a PD unless we change the standards that apply to everybody. , Mr, Reeves: We don't have any type of architectural standard at this lime ro prevent someone from building whatever type of structure that they want to build as long m it t meets the building code requirements, Mr, Jones: Can you tell me how long that piece of property Is'? Mr. Cliff Reding; It has six hundred and eight feet of frontage on Woodrow Lane and It is a hundred and fifty feet deep. Mr, Jones: There is a lot of traffic along there and I am concerned about there being only one entrance, 'T'here will be a traffic problem there with people trying to turn in there and come out of there. To me it would seem that maybe an entrance at one end and then one at the other end would create a little bit better flow. Mr. Reeves: 'T'here are two reasons for this. First when you look at the thoroughfare map, Morse is the higher level street and Is the primary arterial and Woodrow is a secondary arterial street, Our Subdivision Regulations require that access be taken off of the lesser of the Iwo classified streets. The second reason is that there is a distance problem between the intersection and any driveway that might be built onto Morse Street. Thirdly, one of the applicants owns the property to the south and they have expressed desire to build a connecting driveway through the properties, which would enable you to work your way down to Shady Oaks Drive, tb Mr. Salmon: i believe that is correct, it would function as if there were two driveways because there would be a connection between the two properties. There is a knoll on the property which creates a site problem, so the driveway will be on top of the knoll where you will be able to sec in both directions. Mr. Robbins, From a (raffle engineering theoretical standpoint, generally speaking the d fewer number of curb cuts that you have on the street the less traffic conflict there will be . and the more smoothly the traffic will flow. 1 Mr, Saliuow Right, if you are hooking at the street the fewer driveways you have along the street the more easily the traffic will flow on the street. Now that may back cars up r O t: _ i Agindm No. P&% Minutes A 03 Item September 27, ;;".i Page 7 ono on the property sometimes but from the city's viewpoint we would rather have cars stacked on the property rather than having more conflict points along the street. In [his particular case there is really only one safe place to have a driveway and they are going to seek access from adjacent property anyway so there would be more than one access point. Mr, Jones: My concern is that if you have people backed up on the property and there are people trying to (urn in then tl.ey are backed up on the street also. Mr. Salmon: Anything that they build on this lot will have to meet our standards for stacking distance and parking lots. I think that we are talking about something that is small enough that there would be a twenty foot stacking distance requirement, We are not talking about a huge development, Ms Flemming: Will there be a traffic light at Morse and Woodrow? Mr. Salmon: 't'here wouldn't be anything In connection with this project, There Is a traffic light scheduled to be installed at Shady Oaks and Woodrow Lane, It should be installed within the next year. Ms. Schertz: Would the petitioner care to speak? Mr. Cliff Reding: My name is Cliff Reding and my address it 211 Woodrow Lane. 1 own several metal buildings along Woodrow I-tne and close to that area. I would like to address the questions concerning the design and the architectural look of the buildings. The building [hat I currently use for my business has masonry rock along the front with a mansard roof, It is landscaped along the front with bushes and some trees. I have tried to dress my buildings up so that they don't look like your typical metal building. The other buildings that I own have rock in the front with a mansard roof and landscaped in the front. The intent is to keep them as business oriented as possible but to make them as • attractive as possible. These are not going to be just another section of rental buildings. 't'iny are set up to be sold to individual owners. They will be three thousand square feet or less and (hey will be owner occupied. 11 Is an advantage to me to keep it nice since my business is up the street. We are going to put a sidewalk in front of the property. I do own the property (hat is just south of this and there is an entranceway there, We are going to tie into the adjacent parking lot. This will not be a retail establishment it will be more • of a light manufacturing facility and there will be some eighteen wheel truck traffic. • 0 Mr, Jones: Are you aware o1' staff's recommendations and conditions? Mr. Reding: Yes and a couple of them where compromises, 'tho only thing that 1 was • 0 • 1A016d a H a lterti P&'. Minutes September 27, 1995 Page 8 1 hoping for was a wider entrance but I understand, Mr. Moreno: Thank you for showing us your slide this evening. Like Ms, Flemming 1 am concerned about the metal buildings, Mr. Reding: I do understand. Technology has come along way and my intent is not to have an ugly metal building, Mr. Powell: What about the list of allowed uses? Are they agreeable with you? Mr. Reding: Yes, we went through the list and there were several things that I did not want in there, I don't have any problems with the list of allowed uses. The way that the buildings will be set up and built, if you tried to use it for any of the uses that we marked out it would congest the area and the other users would he upset, It will not be set up for any of the marked out uses. Ms. Schertz: Is there anyone else to speak in favor of the petition? Is there anyone that would like to speak in opposition? Mr. Howard Blagg: My name is Howard Blagg and I own the piece of property that is right to the west of this. AVill there be a wooden fence behind all of these buildings? Mr. Reeves: No there will not. They are going to save the vegetation that is back there 1 and they are going to fill In the gaps with vegetation. Mr. Cochran: How dense is the vegetation? Mr. Reeves: In some areas it is fairly dense and in some other areas it is not That is why they will have to plant something there. • Mr. Cochran: Is this gentleman's property in single family? Mr. Reeves: Mr. Blagg owns the property that is directly to the left of the subject property. There is a house and I believe a barn on the property, • Mr, Cochran: Mr, Blagg, how would you characterize the hedge between your property anti this proposal? , • Mr. Blagg: It is rather small for a hedge and it will take some time for it to grow tall enough. t • p Agenda Apenda~ila-y- Date P&7, Minutes September 27, 1995 page 9 Ms. Schertz: Mr. Blagg would you say that there is a lot of existing vegetation there? The applicant has said that he will supplement the vegetation where it is less dense and 1 wanted to know how you would describe it right now? Mr. Blagg: Everything is all right, That was the only question that E wanted to ask, Everything is all right as far as the vegetation, Ms, Schertz: You understand that they are not going to put up a fence, they are going to add some vegetation? That is what they are proposing to do right now. Is that all right with you or would you prefer the wooden fence'? Mr. Blagg: I understand, I have no objection in that regard, Mr. Robbins: Let me try to clarify what the standard might be and how it would work out. This Is a traditional hackberry grow up along a fence row that has been there for a long tirne. You have a lot of hackberries of varying heights in there and other undergrowth, Along most of it is so thick you can't see through it until It losses Its leaves. What will be required and it is a performance standard is that whatever goes in has to be six feet tall and so thick that you can hardly see though It. So you couldn't pltt In a two or three foot crepe myrtle. If that doesn't work then the applicant might have the opportunity to come up with another performance standard like fences, or something that i% so thick that you can't see through it, Ms. Schertz: Is there anyone else to speak in opposition to the petition? Does the petitioner have any final remarks they would like to make? Mr. Reding: There is one thing that I would like to say so that Mr. Blagg might feel a little bit more at case with this, As a deed restriction on the property any storage outside of the building is going to be required to have a six foot tall wooden fence or vegetative fence up, or metal fence that you cannot see through. They cannot store anything outside of the buildings without some type of screening. That is part of the requirements, I don't want anything seen from Woodrow Lane or from the back out of courtesy to my neighbor and the people coming lu the front Mr. Cochran: What kind of setback do you have from the back of the property? A Mr. Reding: The setback Is ten feet from the back of the property, There won't he any r 0 room for storage behind the building, The apex of the building will be fourteen feet with a wall height of twelve feet. • w ra Agsn44. . i Is Apendi 1114MI111 IF P&7. Minutes September 27, 1995 Page 10 F Ms, Flemming; What Is the intended use for these buildings? Mr. Reding: It will he owner occupancy light manufacturing in regards to , . a cabinet shop, an upholstery shop, not a welding shop. If they did do welding they would have to have everything covered up from the outside. It would be a small owner occupancy with about two to three employees, Ms. Schertz; Something that I am aware of is that if' we do require a condition of six foot vegetation in lieu or a six foot fence before they can receive a building final this will have to be in place. There will he an enforcement of that. Does staff have any final comments that they would like to make? Mr. Reeves; ( thing I would like to mention is that if you want something done in regards to the .wilding and its appearance then you need to make that a condition. This is not meant to be a comment towards anyone, Mr, Reding has been very cooperative, Someone saying that they are going to build something a certain ways doesn't necessarily mean that it will be so. If you are concerned about it you need to make it a condition. Ms. Schertz: Could you go over the 20% rule again? Mr. Reeves; There is an area that is owned by H & W Realty and they are opposed to the rezoning request. Because their land area constitutes more than 20% of the land area inside that 200 foot area the City Council has to have a super majority which is six votes for approval Instead of the normal four, Ms. Flemming: I would like to remove some of the uses from this list of permitted uses. I would like to remove auto painting and body repair, gasoline service station, and also engine and motor repair, I think these could create problems and cause some traffic problems. It is possible that there could be cars left there for repair and they might not s be picked up on a timely basis. Mr. Jones: The engine repair could refer to small electric motors similar to what is across the street. I[ doesn't say automobile. I don't know that I want to pull that just because we are assuming that it means automobile. Mr. ccves: As a suggestion if you are concerned about that you might want to say a • ra permitted use engine and motor repair, not to Include automobile engine repair. I will have a list of prohibited uses and that will be the list that will be part of the ordinance that will be prepared. Typically [lie ordinance is for uses that are not there and not for uses that are there. If you wanted to make It part of the prohibited uses that being automobile 1 AnS~da+te{n f° ' P&Z Minutes September 2.7, 1995 Page 11 engine repair then you can. Mr. Drake, You could simply say automobile repair. Ms. Schertz: If we do Include this then at some later date could they come and ask for this use? Mr. Reeves: They could but it would involve rezoning the property, Mr. Cochran: Can you give me approximately how far Mr. Blagg's house is back from the property line there? Mr. Reeves: I don't have any idea. Looking at the overhead I would say probably twenty- five to thirty feel, Mr, Cmhr?n: What I am concerned about is the noise factor? Mr. Reeves: What you might want to consider is that there won't be any doors on the back of the building and everything will have to be iu the building. Then you have the landscaping and the screening before you world get to the house, Mr, Reding: The parking is going to . - limited for each of these buildings. It is n ,:-m to be more than the minimum required o as with all of the other buildings that I letr c r tell them how many parking spaces they ar: "oweft. I currently lease space to a paint and body shop, an auto me-panic and I have ex, .tned to them that there are no cars to be parked outside other than customers cars that to , nicked. And with that there cannot be more than three to four, anything else has to be insiC 'he building at all times because that constitutes storage in my mind. There would be no storage outside and there will not be any room to store anything outside. If someone wanted to have an auto tint place or a • cellular phone installation then 1 am in trouble if auto repair is not allowed, Ms. Schertz: And how do you enforce that if they own the property? Mr. Reding: It is In the deed restrictions that will he written into the contract. 0 Mr, Jones: Also regarding the paint and body there are some heavy duty restrictions on . ventilation and so forth. That stuff is not getting outside, The Texas Natural Resources monitors that quite heavily. Same way with the automobile repair and the oil, and the stuff that they deal with Q 0 • w 0 P&'L Minutes September 27, 1995 Paste 12 Mr. Cochran: Mr, Reeves brought up a point concerning the building and I don't think that it needs to be a requirement, Mr. Reding: I take this personally and I have a lot of investment in this town and a lot of investment in that area. I live there, I work there, and will be there a long time. If it was not required before and I did It on my own then I will do what I say I will, I did it as a sales instrument to make my buildings a little more attractive. Because of that I don't have vacancies. My buildings are kept up. My first metal building was mine that I built in 1976. Ms, Schertz: We will close the public hearing, Mr, Powell: I move that we approve Z-95-021 subject to the staff recommended conditions on pages 21 and 22. Mr. Jones: Second. Ms. Sehertz: Any further discussion? Ms. Flemming: I would like to offer the amendments that I suggested earlier, that we remove from the permitted uses the auto painting and body repair, the gasoline service station, and engine and motor repair and that they be listed on the prohibited uses, Mr. Cochran: We discussed this prior to Mr, Reding's rebuttal and I wanted to see where Katie stood on this. Ms. Flemming: With the auto painting and body repair I think you said something about the environmental control regulates that? • Mr, Drake: TRNCC regulates the emissions. Ms, Flemming: I am concerned because of the proximity to Tomas Rivera, If it is controlled by other means then 1 guess 1 can live with that. I definitely want to list gasoline service station and automobile engine and motor repair as a prohibited use, • Mr. Cochran: I will second that on the basis of those two not being particularly good for that neighborhood. • • Ms, Flemming: 1 would like to amend the motion to remove from the list of permitted uses gasoline service station and automobile engine and motor repair. ' a • 0 r- r^ ~gend>t nem ' , ~P&Z Minutes pide September 27, 1995 Page 13 Mr. Cochran: IT second. Mr. Powell: I don't have a problem with the gasoline station but I do have a problem with the auto engine and motor repair use. I don't believe we need to regulate what someone is going to do inside of the building, Mr. Cochran: I am concerned abou it In regards to the single family that is next door and the noise that could be generated, Ms. Schertz: I understand that the applicant will have this covered in the deed restrictions and maybe there is someway that we can regulate that. Mr. Cochran: If we could address the hours of operation and the level of noise that would address my concerns. Mr. Powell: Aren't noise levels already covered by existing ordinances that have nothing to do with what we are doing today? Mr. Cochrane They are to some extent, but I would say that it is not necessarily the most enforced standard in the city and that If we can do something to protect the single family folks over there then f think we ought to do that, Mr, Jones: We could probably go down this whole list and find something that would be objectionable to somebody if we looked at it long and hard. I think that we are trying to micro manage this situation rather than to allow the developer to do what he said he .as done and what he has proven in the past. He has demonstrated the type of citizen that he is. We have not heard any complaints from the adjacent property owner. He is not in objection to it. I think that we are over emphasizing the noise in these items because we are talking about drills and those type of power tools. Maybe the auto body repair might get a little noisier but if we start regulating the types of businesses that go in the building and how long they can do it, we are stepping way beyond our boundaries I believe. Mr, Cochran: That is the purpose of government is to do, to regulate things just exactly like that to preservc the quality of life in the community, That what I consider that we are here for in fact, d Ms. Schertz: At this time we have an amended motion and it has been seconded, All + those in favor to the amendment please raise your right hand. Opposed same sign. Motion fails. (3-3) A y, 1 ,t • •s~ Attanda P&Z Minutes r " September 27, 1995 Oato_ Page 14 Mr. Cochran: I would make another amendment then that we add to the list of prohibited uses gasoline service stations. ' Mr. Jones: Second, I Ms, Schertz: All those in favor please raise your right hand. Opposed same sign. Approved. (6-0) Now we need to the original motion with the amendment attached, All those in favor please raise your right hand. Opposed same sign. Approved, (6-0) Ten minute break at 6A0 p,m. Reconvene at 6:50 p,m. 1V, Work Session. • Discuss the Capital Improvement Planning and the Blue Ribbon Committee process and survey. Ms. Schertz; I would like to introduce the Chair of the subcommittee for the Blue Ribbon Committee Margaret Smith, Ms. Margaret Smith: My name is Margaret Smith and my address it 2216 Orchard Trail. We are the Planning and Zoning Work team for the CIP Isrger committee . The team Is made up of the six of us who are here tonight: Fred HIII, Gall Garcelon, Mark Burrougls, Rick Woolfolk, and Jesse Coffey. Joanne Balentine is also on our committee but she had a conflict tonight and could not be here. Our charge as 1 understand it is to meet with you individually, in a group, or however we can to find out what your preferences are on what needs to go into the CIP. In order to do that Frank Is going to describe the survey to you in n little bit that we would like to ask your cooperation with, We are going to try to plan to meet one to one with you wherr, we can talk to get your Ideas, If you want to start putting your ideas into writing that is fine with us. We would be happy to have your thoughts written down. The way that we were chosen was that the entire group which consists of fifty members. The staff prepared seven boxes, one for each council member i to put the name of the person (hat they nominated. There were to be seven work teams so they drew one name out of each box for each work team. Each of us was appointed by n a different council member which should give us a good cross section on our work teams. We have moved right along with our charge and we are pleased to be with you tonight so t A 0 that you now know who we are. We do appreciate you input very much, Mr. Robbins: Most of you were here for the CIP process [his year and we did put In the . • 0 A c~ A 235 -0i1 y,. AWft NO• - AP01 Rem. - Dee ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (I,I(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.0015 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF MORSE ROAD AND WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cliff Reding and Tom Lilly have applied for a change in zoning for 2.0015 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Light Industrial Conditioned (LI(c)) zoning district classification and use designation; and WHEREAS, on September 27, 1995, the Planning and zoning com- mission recommended approval of the requested change in zoning with additional conditions; and WHEREAS, the City Council finds that the change in zoning will he in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the zoning district classification and use designation of the 2,0015 acres of land described in Exhibit 1, attached hereto and Incorporated into this ordinance by reference, is changed from the Single Family 7 (SF-7) zoning district classi- fication and use designation to the Light Industrial Conditioned (LI(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following eonditionst 1. The uses described in Exhibit 2, attached hereto and incorporated by reference herein, are prohibited. 2. In lieu of a six (6) foot fence along the western proper- ty line, the property owner shall save and maintain as much of the existing vegetation as possible, and shall also plant and maintain additional vegetation to "fill- in" any gaps to achieve a six foot (61) high vegetative screen as per Section 31-63 of the Denton Code of ordinances, or its successor provision, • 3. To mitiaat© some of the impact of the strip development A nature of the project, the owner shall plant and maintain one additional two inch (211) diameter tree on each of the proposed lots in excess of the number required by Chapter 31 of the Code of Ordinances of the City of Denton, Texas. • • AWeda No. OaM 4 , There shall he no access to Morse Road, and only one drive access to Woodrow, 5. Any materials stored outside any structure shall screened by a wood, masonry, vegetative, or metal screen at least six (6) feet in height. If a vegetative screen is chosen, the vegetative material must remain opaque throughout the year. If a metal screen is chosen, it must be of the same material and color as the main structure SECTION II, That the City's official zoning map is amended to show the change in zoning district classification, SECTION 111, That any person violating any provision of this ordinance shall, upon conviction, be fined a aum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fc,ur- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1995. ATTESTt BOB CASTLEBERRY, MAYOR l JENNIFER WALTERS, CITY SECRETARY • BYc APPROVED AS TO LEGAL FORMi HERBERT L. PROUTY, CITY ATTORNEY BY i i • , w • r I ApMdr No. AgMtdt IZatA OrM f All that certaln trace or pareel of land 171% Ow being situated in the WILLIAM TSAM B1 Val ABSTRACT 1264, Denton co m ty, Taaaa, boing pact of a tract as deserl►ed to . Deed from PAUL ALA00 and rite AUCS RLA00 to RATMONO D, Mel31US and rife EVOLVN L, FO=VS on the 7th dq of 1e►ruaq, 1151 and recorded in roles 144, page 104, Deed beards at INntan CsMt7, Tow and being cars particularly MactibN as fotlowt SWINMINO at a tonne senor rout at the Swtbwot earner at the slow montionod poehrus tNett TNCMCt North 00 degrees 45 mtnutoo 51 eoconds toot with a fence a distance of 647,$S feet to an Its" pin on the tooth lima of Morse straetl TNSNCS South 71 degrua 02 minutes 02 seaenda Rest With the South line of Meru Street a distance of 143,56 toot to an Iran pie M tM Rat line of Wo"rw Lne= THIM South 00 dogrou 21 minutes H saoonds Moat with the Wart line of Weedtw Lave a dtstonce of 596,45 foot to an It" ply TWOCR South 11 dcgtaas $1 sinutos West a dlatanoo at 10-22 tut to the POINT- or.stC wim and eontalnlng 2,0015 acres at lend. s • 0 Aoanda No, _ Aoenda Item Dm, _ Exhibit 2 List of Prohibited Uses 795.021 Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Fairground or Exhibition Area Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (approval wid control by Building Official) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation i Off Street Parking Incidental to Main Use Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well 6 Water Treatment Plant 0 O Amusement, Commercial ;Outdoes) Country Club (Private) with Golf Course t Dance Hall or Night Club 0 A Agenda No Agenda Ilem Do Drag Strip or Commercial Racing Go Cart Track Public Golf Course Commercial Golf Course Public Park or Playground Public Plsvfleld or Stadium Rodeo Grcunds Roller or l,e Skating Rink Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Airport Landing Field or Heliport Bus Station or Terminal Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Auto Laundry Gasoline Service Station New or Used Car Sales Lot (in open) Tire Retreading or Capping Bakery or Confectionery Shop (retail) Cafeteria Greenhunse or Plant Nursery (retail) Mortuary or Funeral Parlor On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant 0 Retail Stores and Shops-Over 4,000 square feet Animal Pound (Private or Public) Animal Clinic, Hospital or Kennal (with outside runs or pens) Farm or Ranch Hatchery, Poultry Contractors Storage Yard Heavy Machinery Storage Storage and Sales of Furniture or Appliances (outside a building) 0 Mixing and Sale of Concrete Trailor Camp or Mobile Home Park Correctional Facilities 1' I„ 3 ~yti r 3 a y z x 5 a :r 5 v s P_ r tl J ,ll ~ ~ ~ i i' p ~ ,1 r, r. , n AP41 No, Acmid Item Fraternity, Sorority, Lodge or Civic Club Dare Sewage Treatment Plant Livestock Auction Livestock Feeding Plant, Pens or Yards Flea Market Sand, Gravel or Earth Sales or Storage Extracdon and Storage of Sand, Calieht, Stone, Clay or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facilities Mitring or Storage of MWng Wastes 'temporary Asphalt or Concrete Batching Plant Brick Kiln or Tile Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags, Machinery, eta i • , l r: } e i ~ yfr if rr ~ r Jf }i !J (J. r trJin "••,nvti~{r~•r~; ~~F.,C • c, 0 { DENTON 'k h i. oaa°Q°°dDOOO 000 OF ooo~ o Q a D oGo~ ~~Gq OOO r o ~ ~ Op oao~ N odoo oaaooooo • CITY COUNCIL • 1. ~ • AgendaItem P,¢,-: C1'1'Y_ C:(J1NC1L RL'PORT FORMAT Date - DA'I'S: 10-17-95 FO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing inviting citizens to comment on the status u, projects and activities for the Community Development Block Grant and the HOME? Partnership Investment Program and on the City of Denton's 1994 Grantee Performance Repoli, N/A BACKGRQL NL The Community Development Office is currently expending Community Development Block Grant (C:DB0) and HOMIF. Partnership Investment Program (I IOMF) funds granted to the City of Benton I'or the 1993 through 1995 grant years, Snetosed is a list of at( projects and activities approved by city council for the above mentioned grant years. On an annul basis, the City of Denton reports to HUD the status of all projects and activities by submitting the Grantee Performance Report (OPR), The OPR indicates the amount expended and the status of all current projects and activities funded with Community Development Block Grant funds. The reporting period for the CPR is from August 1, 1994 through July 31, 1995. The 1994 GPR includes all projects and activities approved by city council for the 1993 & 1994 CLAW grant years and one project from the 1992 Grant year, which is not yet completed (Pecan Place Rehabilitation), 5l)h1i\4ARY: In fiscal year 1994, $864,767 in CDB0 funds and $72,146 is HOME; funds were expended on projects and activities to benefit Denton residents. Of the total expenditures for 1994, 99% were expended to benefit low and moderate income households of the city of Denton, Some major accomplishments for the 1994 program year include; • • purchase installation of playground equipment at four parks (Owsley, Mack, MIX and Denia Parks); • construction ot'sidewalks at Gurdenview and Morse streets; • down payment & closing costs assistance to first-lime homebuyers • rehabilitation & reconstruction assistance to home owners • • construction of affordable housing units • • assistance to public services agencies (HOPES, Ine, North'foxas Community Clinics, T%VU C.A,R,1.S„ Parks & Recreation Department, AIDS Services of Denton County and many others) I I t • it r AWda NO. City Council Report Format Awdo titM October 17, 1995 01" Pagc 2 PRQGRAMS, GNT UR S'ROJJPS AFFECTED: Community Development Staff Community Development Advisory Committee Human Services Committee Social Services Agencies Neighborhood Groups Program/Project Beneficiaries Other City Departments involved in various projects/programs FISCAL, IMPACT: Community development projects and activities are funded with federal and program income fiords. Funds are used to fund housing, human services, public improvements, economic development and community development projects. Respe ctf ly submitted: zs~ Llo V. arrell, , City Manager Prepared by: Luisa Rodriguez-Garica Community Development Program Assistant Approved, • ff prank Robbins ICP Director for Planning and Development r.~ ~ e t, , iy~ wr1 r ha1~ c .;e'i • c.~ • ~ t ikh Cover Page US, Department of Housing and Urban Development Grantee Per?ormanee Report Olhceo Community Planning and Development Community Nifelopment Block Grant Program OAIBAppiaval No. 2506 Fd77 exo_7J1 91 Wblk Repodinq Burden lort~bcollactimolinfannation lseslirtNled loeverage0.5Mwsperreiponee,Indudirp lhelkro rorreNawinglnslmctona, searchlrgexlsling dala toe rtes, gamringandrnaln4 grrl0g NO data needed, andcomp k lingand34vlawing the coleetim of Inlomla lion. Sendo)mm•nts regarding thh burd4 n esemal4 of anyothxaspac1o11his collection 01 alormation, including suggestions fN reducing this burden, to the Reports M Anagernenl CNkor,O trice of lnal rm Ilan Ii and8yaroms,U.S.OepartmnnlolHausing antlUrban DOwlapment Waehirglon, D.C.2011t}961bendlo U~OOIIiuolMaaageinentand8udgeL PaparwakReducEOn Proleo1(2506-0077),Washin Ion,D,C. 26503. Cowl sendthiscorn leledtarmtoelhoral lheseecOn sues, Sao HUD Handbook 8310.2, "Entitlement Grantee Performance 1. Reperlla N,•ProgremYsannding z ct,ulNvvea' (dw•I Report lnslructlons" for guldanrae on compleling this report July 31, 1995 B-94-KC-48-0036 1 Named Addmf dc3raMee a Named Addrsaf or Canrrunay9w•rop~nsn10nalar. CITY OF DF.NTON BARBARA L. ROSS 215 E. McKinney Street 100 W. Oak Street, Suite 208 Denton, Texas 76201 Denton, 'rexae 76201 5 Named Tel,phan Nunberalnauonmofllamldr w.lh mrarnvlaninl~sreport 9 NameaT,l•piwne Nun,bardpenan fe meted abaal dddofwef rpuval bYtM NdD neloim Act d 19e9. Lulea Rodriguez-Garcia (817) 383-7238 Lulea Rodriguez-Garcia (817) 383-7238 7. Have these Community Development Block Grant (CORD) hinds been used: a. to meet the community dovillopment program objectives specliled In the final statement for this program yeail 1IM0,0xplaln, ® Yes Ina ne7ralvealtachmant,how:(1)the uses did nolrain he to program objectives; and(2)future sctivirlat pro Urn mobjecbves L_j No fright change as a result of this year's experiences. b, exclusively toeither teen fit low-and-mudera le('uwlmad)income persons, sidle the prevention or elimination of slums or blight, Yes ar meet community davetopmenl needs having a particular urgency? If no, explain In a narrative attachment, M No c, such that the grantee has complied with, or will comply with, its certification to expend not Isss than 700,a of its CDBO funds, pq yes during the speolfied period, on acgvlties which henafit low/mod income persons? 11 me. explain In a narrafive attachment, No 8. Were citizen comments about this report an1for the CDBG program acelved? It Vas, attach a narrative summary. Yes N° 9. IMlca(e now the G7ante9 Performance Report was made available to the public: e. Bypnntodnolto (nameAdaioofpubfica¢on) b. By public hearing. iplac06 dalol Denton Record Chronicle 215 E. McKinney St., Denton TX October 4, 1995 October _17_,_ 1995 c, Other. (e f p! am) Crantee Performance Report available at the Community Development Office, 100 W. Oak Street, Denton, TX 76201 50. The following forms must be completed and attached: • o. Activity Summary, form HUD-4940 2 d. One.For.One Replacement SummsrV, form HUD-4949.4 b. Activity Summary, term HUD-4949.2A e. Rehabilitation Activities, form HUD 4949.8 a Financial Summary, form HUD 4940 3 I. Displacement Summary, term HUD •4949.6 - - - l herebycertity that This report ci lalm all mquiredltams Identified above; Federalasslstance made available unoerthe Community Development stock Grant Program Ili has not been utlizad to reduce substantially the amount of local financial support for comnrmlty davolopmal activities below the level of such support prwr to the stag of the most recently completod CDDO program year, all the Information stated herein, as well as any information prmtded In the aecampanlment herewith, Is hue end accurate. • Warm": MCI will posecue false claims and salemenls. COnvicdon rrayra5uhfn criminal end'ordnlp4nalfgs.fleV,S.C. ICOI, 1010, 1012;31US.C,8129,W02) Typed Name d Title of Authorized Official Repreeentalive: Signature: Dale; • • Lloyd V. Harrell, City Manager This farm may be reproducedon local nllea caplere. IMmHUDAMPI (t572/R31 Previous edition sale 06501410. Page( I )e(29) of Handbool( Potain thla record for 3 ye,v s. • 0 >t ~ • n 'i r,Y i ! 2 rr • ,r !I r i Name of Grantee: Grant Carta CITY OR DENTON B-94-MC48-0036 TABLE OF CONTENTS Citizen Comments . 2 Activities Not Having Direct Benefit . 4 Activities Having Direct Benefit . . . . . . . . . . . 7 Administration Activities , , . , 20 Financial Summary 21 1994 Program Year Reconciliation . 24 1994 Program Year Unprogrammed Funds . . . . 25 Replacement Summary , , , , , , . 26 Rehabilitation Activities . . . . . . . 27 Rehabilitation Narrative . 28 Displacement Summary 29 • % k~~'~t.~flf~tl~., W?rii } ril +il ~Al i N0. Name of Grmrtce: Grant H: CI c overed; k 4 - 0 T O _DYI TUN B-94-MC. .48-O43 Polo CITIZEN COMMENTS Citizen comments were received as a result of'a survey administered to Loan recipients under the CI)BO/}TOME funded Housing Rehabilitation and the Homebuycrs Assistance Program, The following are the results of those surveys. Illoilsing gehabilitation_-Pr_Qcrram Of twelve recipients surveyed, nine responses were returned, These surveys show that all nine recipients were very pleased with all aspects of their rehabilitation, There was one negative response (see ill below). 'I'bis survey asked for responses regarding the following; • quality of staff assistance; • quality of contractors work and materials, • time limit to complete the project; • amount of funds spent on the project. In addition to the survey questions, the survey form provides space to solicit individual comments from clients. L,isled below are the written comments from the recipients surveyed; I ) " I was told we would get a 2%, ton Air. We got a 2 (on. The outside unit runs all day long set at 75-75 Its not even hot yet," 2) "It was great," 3) ",lack McKinney and his crew made this n pleasant experience." 4) "Very happy with the work. Home looks completely different than at first. Much happier now. Thant: you for all your hard work," 5) "1 am very thankful for the assistance in redoing my home. I and my family are very pleased j and are enjoying our home. I only wish that your program would also include remodeling and not just reliabiiitationlll" Actions regarding (lie cotmnent in V I above consist of the City's Rehab Inspector contacting the contractor about this matter, Contractor called the HVAC subcontractor who installed the unit. The subcontractor stated that based on the square footage of the structure, a two ton unit is within the parameters set forth by the Uniform Mechanical Code. Aaff has arranged to have a City 0 Building Inspector double check the calculation. If it is determined that the 2 ton unit does not meet the Uniform Mechanical Code, the contractor will be asked to install a 2'/: tun unit. R i No other comments have been received on the program. Page! (2)of(29) fs 0 • i S Name of Grantee: Grant Ipd Cgrweef"" i CITY OFUNION B-94-MC-48-036 Do on I IQnte u QrAssistanceProgram The Community Development Office recently began surveying recipients of the Homebuyers Assistance Program, Of nine recipients surveyed, four responded. The results of the survey show that all four were pleased +vith the assistance they received. 'Dais survey included buyer's responses regarding the folluwingr • time it took to purchase a home; • ability to pay monthly payments; availability of houses within their price range; • overall experience of buying a house; • the quality of assistance they received from the Community Development Staff, Participating Lenders and Real Estate agents. In addition to the survey questions, listed below are written comments from some of the recipients surveyed; 1) "Conic up with a comprehensive list of things needed from the buyer for HAP and have the lender give it to the buyer at the beginning of the process," 2) "The Community Development Stuff was a big help to me in that I had a very uncooperative mortgage company. if they had not been there to help me, I probably would have given up." 3) "Cut down on the paperwork." 1 4) "Every thing went really well." • 5) 1 was happy that (HAPI paid all of my closing costs. They extra money can help improve the took of the property. We're happy." Changes to the program were made as a result of these comments, Community Development Staff will continue to work with Participating Lenders and Real Estate agents to make the process of buyinU a home easier and less stressfbl. No other comments have been received on the program, Page (3)oQ29) O 0 ~ c3 • • Summary of Activities Not Having Direct Benefits U,S. Department of Housing and Urban Development Grantee Performance Report Office, of CommunRy Planning and Development CO.-rmurnty Development Block Giant Program 0108 Approval No 2508.0077 (exp,331104) - Name of Ola~lee: liua, I Nunber Perad Cwend. CITY OF DENTON f 8.94-MC-48-00 36 from: 08101194 to 07131196 II r DaTe.. NaUcriat - 1I - 01380F nda A(bvly IMalrbi initially I Obledlvo A(Wity Expended this No (Code ACII Name, Description, & Lxalwn Funded lode' 1{13 Code" AccomplishmonlslStakn Budgeted Reporting Period 1PUBLIC FACILITIES & IMPROVEMENTS 570.201 (C) C091. 03E OWSIEY.CTR -_LAND _ACQUISITION 7195 LMA UND Conlfacl for purchase of the property has been signed 26,000 650 Acqulslllon of property located at the SIE by owner, Contract soon to be approved by City comer of Ronnie Brae & charlotte 51. Councli, Properly will be used for a community center, p CT 209 - 80 1 - 93% LM i CD8A 03F OWSLEY.NEIOHBORHO.OO_PARK 4194 LMA UND Original 1903 Budget was;Bt,160.;2,600transferred 78,850 44,053 Acqulsitiun of property rotated a1 tho corner to MLK Playground Equip. projscl. Project near Stella SI. & Ave. 0. Property will be used for completion. Park will provide recresConal space for a small neighborhood park Installation of over 200 neighborhood children, playground equipment will complete project. ~CT209-BG1.93%LM C08F 03F MLKPLAYGROUND.EQUIPMENT 1195 LMA UND Otiglnai 1993 Budget was $35,000, ;2,500 lisnsferred 37,600 10,400 Inslallallon of Toddler playground from Ows" Neighborhood Park pro)ecl. Project equipment at the MLK, Jr. Recreation near completion. Center. 1300 Wilson Sliest CT 212 -130 2 79% LM CD80 03F MACK. PARK. PLAYGROUND 7195 LMA UND Playground equipment to be Insla4d by the end of 40,000 t0,400 Purhose and Installation of nowpiayground September equipment at Mack Park. McKlnneyAve. g rest of Woodrow Lane. CT 209 - BO 1 R 93% LM 1 i r -Nailonat 6bjiddve Codes: "Atflvl Codtia- ToW---------- ` LMIIAod. LMA-A400 Beneril; Ll4C=Lirnlled CUOMO* I.1010110AIng; LMJ-Jobe. CANC=COnceled; COMP-CompiNed; UND-Under ay; 182,160 66.6 )1 Sio"Blight: SBA-Area Basle; 513R-Urban: SBS=Spol Baste. 108-Seellon 108; FFA-FWI Funded Adty0yl 1401011.dHarnekss; - - Ufaenl URA=Urgent Need HUD-09mf HUD Funds In Acedy; PI s program Proems; RF•RevoMtp Fund; Rep-One-lot-One RepNcemeM: SPEC-SpedaiAsmssrrlenl; SUBR•Submdplsnl Thla form niay le ltproducadnn kcat orris (piers ITuuA@4v,2(M7 Ptm ous editions Oro obsolete. page ( 4) 01( 2e) W. Hsodbook 961 2 Rawn lhls retard for 3 ears. f o , • • Summary of Activities Not Having Direct Benefits U,S, Department of Housing one Urban Development Grantee Performance Report Office of Community Planning and Development { Community Development Block Grant Program OMS Approval No 260e 0077 (exPIKIV04) f - - ' - - - JJJ Nameo aarxe'a - - Mwa Nun oar CITY alCwered OF DENTON 6.94•MC48-0038 (from; 06101194 tot 07131!96 { rf _ i Oa1e Nauonat i C6HII Funds Acliv,Iy Maloxfff lit{InitiMly Objeebve AU{vlty Expended this No Code E Admy Name neseripicn, 8 LoCaton Fulled Code' Code" _ Accompflsb menovStatus Budgeted Reporting Pedod J CD9F 03F MLK.PARKIMPRO.VEMENT.S LMA UND Parks Department Is preparing specifications for 10,400 0 Purchase S Inslallallen of safely fences the piolecl, around a/c units and security playground lights at MILK, Jr. Recrealion Center. CDOH 031 DENIA PARK.IMPROVEMENSS 71gb LMA' UND Original 1)94 Budget was $45,000. 55,000 40,000 10,400 Purchase & Installation of new playground transferred to MK&TCulvenproject. ProJed near equipment at the Dania Rscmotlon Center, completion. II 1001ParvinSt CT 206-FIG 3-BB%LM C09E f 03K STREET HEPAVINO 7195 LMA UND ProJed to continue after completion of Chambers St. 38,683 12,000 Repaying the entire length of Chambers, Drainage project. Boardwalk, Park Lane & Simmons Streets. CT 212 . SO 2.76% LM CDSC 03L MOR.SE,.SY,.SIDEWALK 12194 LMA UND Project split Into two phases. Phaselnear completion. 100,078 32,044 • Morse Si. from Woodrow Lane to Lekey SL Construction of Sidewalks along north side ofsireel. CT 212 - NO 2 - 79% LM CDSD 03L OARDENVIEW SIDEWALK 1195 LNIA UND Project near completion. Will provide a safe route for 27,000 14, 0 Gardenview Lane conslrudlon of sidewalk children ehendln; Evers Elementary School on Oardenvlew between Fallmeadow& Evers + Parkway. CT 212 - SO 2. 79% LM • 'Nltfonal' ObjiettvaCoder_._._.. ____.---.._---_.._.._._._._......_._..._YWO-..------- TaT__..___ k LowllAod. LMA-Area Benefd; UAC=Llmiled Clientele; LMH=Housing, LMJ=Jobs. CA NC-Canceled; COMP=Completed; LIND=Underway; L 213,059 69,7 Slum'8lighi, SBA•Area Basle; SBRaUrban, SBS=Spot Basis, 109=Secflon 108; FFA-Floe) Funded Achvty; NOMI.eFlomeleu; I' Urgers ORB=Urgent Need. HUD=Other MOO Funds In ActWity; PI = Program Income: RP-Rev" Fund; Rep- One-lor One Replacement GPEC-Spacw Assessmerd; SUBR•SubncFplent ThislamtmyTiereproducadonfoculoKrcedoP[erd. - TdmiA015~F103'(dd72' Pravfous editions are oWoletk page ( 6 I of ( 20) rM, Handbook 8810 Rnialn this record for 3 years, • Q ,fti - % J 0 r, F' Summary of Activities Not Having Direct Benefits U.S. Department of Housing and Urban Development t Grantee Performance Report Office of Community Planning and Development ; Community Development Block Grant Program OMB Approval No, 250e 0077 (oxp %1,00 - - llame6lernvae - _-~Giant Numm Perkd Ca+erad CI1Y OF DENTON d 94 MC•48-0038 from 08101194 tot 07131106 Dale Nil(onai COBOrdnAi _ Activity iMaldxI f In ialry Objective Activlly Expended lhil r tin. J(,6de Actwily Name Des:riplion, 6 Location Funded Code' Code" Accomplshm"Wi3latus Budgeled Reporting Pared I CD8H 03L BELLAVE, SIQEWALK REPAIR. LMA UND Engineering and Transportation will begin work on 13,796 0 Replacing & repairing 178 sq. yds, of sidewal specifrcalions alter funds are releused. } along Ilse west side of Bell Ave., between Witht•s and Texas St. CT 205 - BO 3 a j 700/6 LM C09M 1030 CHAMBERS. STREET DRAINAGE 12194 LMA UND Project to be bid out In September. Construction 140,000 9,669 Construction of drainage system on to begin in October. Chambers & Hill Streets. Concrete & ? regrade existing dralnageon South Smith St. CT 212.90 2.76 LM C0911 030 MK&T CULVERT IMPROVEMENTS 610 LMA UND Original 1994 Budget was $12,600, $6,000 171600 1,710 Removed concrete culvert & pad of an old transferred from Darla Park improvement project, railroad bed and replace with a concrete City streets crews have done some work. Project to be channel section where Pecan Creek crosses completed by September. MK&T Railroad. Perm Creek North of Roberson & E Maddox S1. 11 212 - BO 2 - 75% LM 1 CLEARANCE AJTIVITIES 607.201 (0) C097 04 REMOLITIONPRO-TRAM 9191 SBS UND Lae of 1093 & 1994 funds. Original 1993 Budget was 76,317 21,761 Spot demolition of vacant blighted $9,264. $164 transferred le Housing Rehabllitatlon. ; structures throughout the city, Budgeted amount adjusted by $1217 - tolal ioan Propedyaddress. repayments for the year, Fivepfopedleswere ckered 811 In,fusIdal and three eress cleared of egret neating 514 S. Locust 1009 Wilson 3 1122E McKinney • 8151.akey •Na!lonaf Objective Codes; . . - r - . ••Aellrl "CdiH~t_. Lewddod: LOAA=Area Bene4l; LMC-llmlled Clientele; LMH+Hdusiep; LMJ-Jobs. CANC=Canceled; COMP•Compkled; UND+Underway; 245,71 Ji 33, 1 SlumBlighL SBA=Arna Nests; SBN=Urban; SBS=Spol Oasis, 108=Sadion lDB;FFA=Float FundM Aaivity;HOM L+HomWeas; Urgent OWUipent Need. HUD=Other HUD Funds In Adtvity; PI = Program lncomil RF=RevoMrq Fund; Rep•One•for•One ReplecemeM; SPECxSpedai AeseesrMnt; SUER+SubredylMl ThT& form may Be lopieduced on teal Orte copiers.. _-_-fofnl lfUQ4Wl+:2-(bd124 I This Inns editions are otnotete page( e ) r ( 29 1 to(. Handbook 46t Ree n this record for 3 Ears. n r • c> 0 • Summary of Activities Having Direct Benefits u.S. Department of Housing and Urban Development Grantee Performance Report Office of community Planning and Development Community Development Block Gre:nl Program OMe Apprwal No 2"'W11 (SIP aralf64) Name or Grantee (Grenl Num.,er PPr,od Covered: CITY OF DENTON B-94-MC-48-0030 from 001194 'o: 07111196 eAarvdy lAxnter ~ Na_v,=Cale b. A(tdaY lhme, tleauplicn,a Lwalnrt `L ArrpnptsMnenlef5tetua CD9D 03 (PUBLIC FACIIrrIES 8 IMPROVEMENTS f{{ b70.201 (C) SPAN VEHICLE City slog Is assisting Services. Programs for Aging Needs In rpecificattons Provision or partial funding to soqulie two life-eq upped vehicles for the public 6pawllon vehlOs to be purchased before January 100L. f transportation system, I i NomLeief NeineFoldyPenom AeiT6ie6 `----CcmrminlFy l3kGdlopnwnl lsrddk (tienlfundi Amurwn- l Ne ¢na1 I Nord Not e Aslm VW-en F".10 AcWk"eMy• I IQW ErrwNed OatObmae oN,gG a AUV Y Iv,Mm lcw f NnPrtna HePanc a wAkWw Hexxd UnSW"dd ThIs RoWro fuM,,.' Cale' Code' Tdel Income (rums I OrI1r1 0r,04 H,epenk Per,RateiaMM Neh,e 1lwseholds obr%MM9 TOW Budgew Psfiod d I__. k n o P 7 r g h LMC UND 1 0 0 0 0 0 0 0 0 0 NIA 14,140 0 a Adt 4ytd,.mmr Mabu rode bA Wdy Name, neeuietan, A LWlvn r. ompl,✓vnentu lMue: CD;G E -_03A__ (PUBLIC FACILITIES 6IMPROVEMENTS 670.201 (C) AMCRICAN LEGION HALL I Renovation and upgrade of the American Legion Half inctuding foundation levelinq; Parks R Recreation Department is working win a local wO,bact to develop i electrical & plumbing upgrade, and Insialfation of new HVAC system, roof S windows, specifications for the work, American Legion Hall is on the Corner of Lakey 6 Wirson Streets. 1 I °fT Numbu or HoureholdaiPinonO AVAeIed r ` _ - bwrvriunlly tliw.opmFni ier«R&Gni €undi'- Not 0 N of ` Mxasn _-For Paoae tierrica Hawnaf tier of Had Aaan Ind rr Femek Adh#NS o*- tote C. nele inn aY Otvolive Artatr , LoxMM L. Hd arw N-a ena a <i AlaaMM Heeded UNTrdMxl The ROW' 'j r Forded lode' Cora" Toiel lm & kaomd Or n On G. WSPanc PKOio HUnd lr Na1N0 Ifd,10*99 omoal ra TNel eudoMed Period C 1 d ~._.a I I B I m n e ® LMC I UND 0 0 0 0 0 0 0 0 0 N/A 100,000 4latlodel ObJecttvo Codes: "Activity Codes: Tole: Took Low4Aod. LMA=Area Benefd; WC, Llm'itee 9Penlele 11.1H=Housing, LM I=Jobs. C'ANC=Canceled; COIAP=COmplelBd; UNIT=Underway; I U,140i _ SlurAllghl'. SBA=Area Oasis; SBF=Urban; SBS=Spot Oasis fo8=Section 108; FFA•Flaat Funded Activity; HOML=Homeless - 'a Urgenr. URe=Urgent Need. HUD=Other HUU runds in Ac(IvltV; PI n Program Income; RF=Revolving Furor; Rep=One-fou0ne Replacenronk SPEC-Special Assessment SUBR-Subrsciplent TFls lam mAytie7epioifucedon local office copiers 1A-(661f114J~_ P,eJwus edillons are 0Wife, Retain Ibis rocord foc0 yearL, Pegs( 7 )of( 29 ) far. Handbook e61a.4 c.. • z I Summary of Activities Having Direct Benefits U.S. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning and Development Community Development Block Grant Program aae Approwl No 21-0eto27 bray MIM) - flame of Ownlee: Glanl Numbea - _ _ - Period Covered: CITY OF DENTON B•94•MC-18.0008 from. 08101194 to 0713N95 aACI 11 NUmIael IAavu Coda CACt;vaYNxne OesGipllp,l blaatbn. I. AaanDrermoMl'Slalue C091 03A PUBLIC FACILITIES 81MPROVEMENTS r 570.201 (C) FAIR HAVEN.R E HASIL IATION Replacement and repainting kitchen, dining room & beauty shop. Purchase and aiming Is complete. Most equipment Items have been purchased. Project Installation of dishwasher, freezer, broiler, stainless steel counters, shelving and should be complete by December 1995. 48 number of low/moderate storage conlalners. Income elderly households assisted. - Numei ofNouseholdilFomeas Aubtd- ry loprrenl eleek dranTFlini . J - - V,Fule -aiatY, i Amman - Td~ubsc ServKe Natmel NdW Ndd Alen Indyn Female Act"os Ooy- Trial Gpended 0410 be 0Py OLgwne Adnny L.IM tar Hapwio H!ansue of orkiioan Headed LlnbqudMed T2aa RepOrirp ,l Funded Cafe' Cool" Tde! Irr~rna 144 Onan pier) H span,c PAtea Islander Nsllea Hanehdda 01,hasUcot Tote! eudaNed Period l r d e I 1 k I m n o p q r p b ° I 1 3(05 LMC UND 48(P) 48 0 0 0 0 0 N/A 14,957 11,941 e rtney Number lahu ode bAtWay ame, Dewlptbn,b LOCelm. ~r. Atcanrpk9MnWdU IMUY COBB 03M PUBLIC FACILITIES R IMPROVEMENTS 570.201 (C) e CITY COUNTY. DAY NURSERY. REHABILIATION Replacement of flooring, vinyl, carp4ilog in the classrooms and Ilia In each of the Orlglnal 1993 budget was 045,947. $678 transferred from the 1993 Administration 1 • bathrooms. Compl6on of other electrical and plumbing work. account Rehabilitation Is completed. _ families have been provided low cost day care in a safe sanitary, aesthetically p'esstng tatting { 7Z:. a a Numbu o(Nobuholdal3~{soneAalfat VhNe `eldb 1 _ Amerk~n For P,ieic 3en<ao - - tL Mfl rn afta (a ` Natrona! I ~d .toV D Aa.M Ind.M Fem14 Ac'I Only ~TOlal Er:rpd 8 Oate l,.a+a hr Oh; c ry lowM. od LoN NfCanK It.tO 01 Or aAlalkM Headed - J,nl ) TIT I~ocTi fti rwded I CvJe' C044" idal klWme Inromb Oi n Or r Ho ant Pacdq lflarekr IIaIM HouaMgks OblpelCne TdM BudpalM Parlal ' t d e I J k _ r rn n a a q f p b • .t • 5194 LMC ~COMPi N1A 46,625 46,82 7 j I _ - 'National GeJecuveCodes: Activity Codes: Tolal: Total lavhdod: LI,~IA=Area 0enerd; LMC=LImiled ClienlPle; Lf6H=Housing; LMJ=Jobs. CANC=Canceled; COMP=Completed; UND=Underway; 61,582 58,566 SNrrVBlighp StIA-Area 0as!s; SBR=Urban; 508=Spot Basis fob=SecUon toe, PFA=FJOal Funded Activity; HOML=Homeless Urgenl. URH=Urgent Need. IIUD=Other HUD Funds In AciNrly; PI - Program Income; RF-RmgAifog Fund; F Ibisterm may Le -reproduced on total oflrcecopfers Rep-One-for-One Replacement SPEC-S" _ Assessment, SUBR•Subreclplent Pro Aous edddns ere obsoiele. Retain his record for 3 years page( 0 )of( 20 ) ref. HaM)101) 2 • w , • i f td Summary of Activities Having Direct Benefits U.S, Deportrnentof Housing end Urban Development Grantee Performance Report Office of Community Planning snd Development Community Development Block Grant Program OMe App'ovel No 2606O0vT (Op. Y31MI - - Na rreofbrentee: CITY OFDENTON i B•W-MC•48.OgJ8 from 08101194 to: 07131195 - I - - - - e.M.Il.-Ry Nvnbn MaUa COds.._b.AnNtly Name, Oesaptlon blowtnr-~--" IAaemDGehmerrH$ISWa CD91 03M PUBLIC FACILITIES 3IMPROVEMENTS 570.20t (C) FREDMOORE CHILD CARE_CENTERRENOVATION Replacement of eeledorwindowsystem, root, HVAC system and electrical service, ra)ect began March 1995. Work to be completed In September. families l Installation of fire sprinkler bybtem. ,nave been provided with low-cost chifd care. HumF»le/Neuw6eldi•Dinone FiGT- _1'AMe; ..aLeG;. NalMal H", Nmof - Aria k4n Female AUrva{ee Ortr. Total Erg Aded 081016141y OtgoctlHO Aakay Lo Nol low Hnpe Hispaek or or Alaskan Hgrbtl Lro" doled TNe R Fulled code' CnW'• TNd rrwoma 1~Ywne Origo ONO H'apyyo peck lr' ABt rrHM HarwhoWO obFpeoM Total b,0*44 Prod 1 c d 9 1 e p n ( e N 4195 Lfr1C UND 130(P1 130 11e 48 59 14 9 0 78 N/A 200,000 418,195 's a. AUiMY r:. ran 40,t. Code e. Aatvsy ems, eamDtkn, pcetkr f. ell Ip~r. C054 03M PUBLIC FACILITIES 61MPROVEMENTS [ 570.201 (c) CITY-COUNTY DAY NURSERY PLAYGROUND DRAINAGE. Installation of a concrete water channel wnnhig the length of the playground, ursery personnel are worklrlg with a local engineer to develop weds Regrading and resoding entire area and purchaoe and planting of frees. eped0cstlona. s w Replacement of pea gravel on play areas. Humber olHweebclduP~non0 Ae0feld _ ZBmmun sl-y"etwleprlrin lle`eli'Or~rt CunSi'~" P1Ne, ~ - 111447 AmOfkA-i" Ne -far RLrv:~erA+a • ep t FundN Cla'al Notd d Aslen India FemsN ALWq*d.. ted taePR Oaa Inlia6y OyOane AttHay LoerMO9 lvx Hupank H.Nync a a Metiers HetlMd 11nA4uMSted Tana flepM' pde' ned0•' tntal Ir a 1nW ON 0,00 NIpeNC PBCAa NMNJy1 NHA9 11w5*hok+e OW kM Total sudp0 f; II I V I m n O p ® I LMG ~ UND I 0 ~ 0 0 0 ~ 0 0 0 0 0 NIA 22,223 } •N F,?,o I anal -Objective ca Codes; MC-Li -S `C Activity Codes COMP=COmptHelP UND Underw Total, Total _ Lox?dod lA1A=Aea Uenont; Lllrnfed Clientele, LIAH=HOUSIng; LMJ=JOesANC=Cerceted, a)~; 222,223. 118 19 "r [R Slu AI p SRA- reaBests; rted SBS- poIBasis 109-Ssalon 108; FFA=Float Funded6vity; HONd=Hornekles ' - Urgent t1Re=Urgent Need HUO=Other HUD Funds in Ad", PI a Program Income, nF=Revolving Fund; aNQlenl Tfi Is form nWj be. a,produced on ldbel -Rtp=One-lor•One Re1lsceJnenU Sl Special ASSUsmeet; S U BR•Subr - ~arrt flU H dbcwk 7Jr43) Prevous editions era obsdete, Retain this record tor a years. page(e)of( 20 1 (at M. FIarlObuek 8610.2 r !,'r'' i 0 , a r Summary of Activitles Having Dlrect Benefits U.S. Department of Housing and Urban Development Grantee Performance Report Omce of Comm u nity Planning and Development r Community Development Block Grant Program OMB Appw14 No 2606aO0rr(,p Sr3151) "Grenl Number _-1-perm-co-wed:- CITY OF DENTON B•94 MC•48.0038 _ (from 08101194 to 07W A6 eM.ImtyNUmDer Makq COde L. AUngy NYrw, OBwy!Cn,d LWdt;On. LACCJmpSalynsnb!$lalu!, - - CL) DA _ 05C PUBLIC SERVICES 570201 (E) ii HOPE, INC. 1994 Contract Ytrar r_12133.aust St. Payment of expenses for transitional houslngproqramUeslgnedtoaselst 2 persons were assisted during the 1994 program year. r! potentially homrb:iss and homeless families. Program Includes payment of rent Furids will be expanded by December MS. mortgage payments, utililles, food 8 employment counseling 11un,6ar at l{W NTIOtllal`allOna AaelBlad t t01nIIMM~IkYi10p,Mntlff0at1 afN1]`uM~{ ~I Narmo' NW of Nx or Asian him rwala mmos E"noad 7~~ OLm Mod HepwV I Nupeno dNaakan ItNded rb*W*od~ TnWl ftoortYy Code' CTula1 In:orna OrOrnrHilpani, Peafn lalanaor NoWe HanalnNl 0602stbn0 TOW eudgoled Parlod LMO UNO-i 32(P) 32 17 11 0 0 8 9,818 18,000 8,182 e AkMly MBLU 5U SUBR U D. AeIHily Yee, OBetliplbn, LdeMidr. I. pkalxntyRNSINUa. C063 050 PUBLIC SERVICES 670.201 (E) r , i y MILK KID CONNECTIONIAFTERSCHOOL ACTION_SITr,PR00RAM_- 1 1993.Conlrect Year • 1300 Wilson Street 'odginal 1993 budget was $14,828. $1,530 transfenad to Housing Reh9blilelion. Provision of after school care for etemenlary school children in a low Income Program wiil continue to provide after school care to children during the neighborhood. 1995.98 school year. 34 children were assisted during the 1984 program year. Nu ir~ir or HCeaeUoldalPiiilina AadsNd_--" to my 6.a:1eP-a»,HTaaF'aiirti ran7a AFnei`r'wn Natipnel _ 1 Noll Nol or Asian ed.Ln FanaM A&M,06 OMy^ TdH E-p. io Dale Rti LS' OL7xtrve A! Oq. I ON/Mod low Hapa Hiepann a or Alaskan Headed unwdsted This fl se +a Fw,Jed Code• CMa" TOW Irwar, kxan9I aqn orp+l Inlpartic Porn lk4rgy NNi+. HnwMO1.1s obkqk!BrH ITWO OAWAd p0(od t d e J ) k I m n o t e 8191 ! LMC 51tjBR f 34 (P) 1 34 34 [ 1 21 12 0 0 28 10,202 13,298 3, 'National Obleclive Coder Actlvlty COdas - Tobl Toler Loaal,tod WA-Alea Benefit LMC=Umiad Cbenlee, l hi Houslrq, t MJ=Jobs, CANC~Cenceled,COMP Competed UNU Underway 31,296 11,2 r~ J Tum'Blighl SBA-Area BasIS, 813141-Urban; SBS=5po1 Oasis 106=Sectmn 108; FFA=Fbel Funded Activltp, 1-10MLnHomeless Urgent URB=Urgent Need. RUD=Other HUD rurds I ActivilyP; pl a Program lmorm; NF-RevNving FLnd, RepeOne for-0ne RepWeemenl,SECeSpeNal Aexaament, SUBR=nubredpienl Thu 7lNm may be lepiodu~ad on {deal ofrxn copfe7e- _ . _ _ _ ram HUG4949'tA'(adri ' Prevlous edi lion sate obsetete, Retain this retold for 3 years. page( 10 )of( 29 ) IN. Hardbook 85t all 0 I Y r ~ s Summary of Activities Having Direct Benefits U.s. Departmant of Housing and Urban Davelopment Grantee Performance Report 0H 1106fcommunityplanningandDevelopment d Community Development Block Grant Program Qi AppeorA No. 2WM77(aq W31194) Name Grantee _ _ _ CITY OF DEHTOi ` 8.94-MC-48-0036 Irom• 08701184 tc 077J4196 eA!ihny NlxfMl Rare. Cnde Fh Agmly Name 6istrc _ gAlecalar rACranpRShnd,aalStalus. C086 05D PUBW SERVICES 570 201(E) FRED M00R€_SUMMER PLAYGROUND PROO.• 1993_GonlracLYear i Summer recrealioual program (or elementary ago children In the Ilelghborhood 07 children padiclpaled in supervised educational 8 recreational programs 'A surrounding the MLK Recr. Center. Neighborhood Is over 70% lowlmoderate during the Summer of 1994. Remainder of funds used for summer of 1095, income. Activities are carried out at the MLK, Jr, Recreatlon Center 6 Fred Moore Request for reimbursement Is being reviewed. Funds will be paid out soon. Park. NumMrof Noussl,oidsreal dh~Assl ndYMie. or ve oprnenl6foclf-dnnl~ Total und. Esid: r Handsel Nd or I plot 04 Mien Wan Famok Ali 06.1 11 catenrHly cbjenire AdN2Y Lm,i Low NifoerNt Ilnpenic (Y dAl*Aw Needed Unagadasd THE a"kv Y p,rAed Code* Code" Total frc me Incase (lion orgn HifpMVC PaUclslai NeINe 4xviolf',kid1 Obrlall»M TMeI llv"ad Pei 1 k m n o p p r e a L1 5194 LMC SUER 01 P) 107 62 111 82 13 0 0 70 971 10,000 91029 ayvl„ay Nvnber FI°Irir Cafe b dnilY Name, Ueeugtur,a LOCa1m. Artgmpe°Hnanlaf,'aye'. CD 88 050 PUBLIC SERVICES 670.201 (E) N OWSLEY.SUMMER PROORAM i.199J.Cori Year Summer recreational program for elementaryage children from Owsley 51 children participated In supervised educallonal d recreational programs during neighborhood, Neighborhood Is over 80%lowlmodeiale Income. the summer of 1994. Funds will be expended soon. € Activllies are carried out at Denis Recreation Center 8 Owsley Park. ~ q> V&,.o el u, Amer`rcan 1 For luMe €wv i ' ~s~''^rl}. Number of koueehdduPenods Asalstetl _ ~ ~t`ommuoiry drAopnrnf3locF ass12WA-(aarlav i~'r~~' Na oral i Nw or AN Asian I'dV Fm •aN An"I"Only dod 4 P Uole161 ay n°xlrsl Acfr~ly llrnRAo7 LGN Nifpanio .Spank rr or Alfl. Headed Un[g1AW$d .V :a dI ? rrnlod Cal' CCda" Tool I'^ a Iran. ol.an Orqm Hepanq 1'e^Alc lp~eMn NiIrA Hw"holdi cblgalaM %9Sl8udpated ' I. c d e I i Y m n e p n r a gk I SUHR 5194 LMC 51 (P) 51 51 5 22 24 0 0 SO 4,793 fs'000 07 ti} 0 - 'Nallonal ObJective Codes: "Activity Codes: Total ✓ I.ar;rdnd. Lht0Area 8ent61, LMC=Lirruled Cfit nlea, Wfiz Homing: LMJ=Jobs, CANC=Canceled; COMP=Completed; UND~IJaderAay; J 26,000 36 Srum~Bright SBA=Aria Basis, SHR=Urban; SBS=Spot Hasls 10e=Setlion 165; FFA=Foal Funded Adlvlly; HQMI=HOmNess Urgent UNB=Urgent Need. HUD=01her HUD Fulls In li iry; III = Program Interne; RF=Revolving Fund; Rep•Onedoi Replaterli SPEC+Spedal Assessment, SUBR-Subrecipient This roan may be reproduced on fdcdi office copleis v PrdHOus edlholls ere obsofeleRo aan thls record fo r 3 years. page 1I ) of 20tN. Han0.2 't f ; I r , l' 1 Summary of Activitles Having Direct Benefits U.S. Department of Housing and Urban Development Grantee Performance Report Off-ice ofcommunky Planning and Development Community OevelPo ment Block Grant Program 0#48 Al No, 2577 lisp M3 14) r - - - - - - - - NameorGrentee: lrOranl Number, --peP,od Covered. i CITY OFDENTON I3.94•MC-4W3O from; 9610!!94 for 07131106 s` a. A]niy rwr,cer.._.." Ia.o-RCce:-_ a. AttkAy lions OS>uptioh BLa.ikn. fA.comppehmenlalstatus. CD89 01,13 PUBLIC SERVICES 670201 (E) CWSLEY. SR RYICES.PROG RA M !_United_Way-x_1003 Contract Ye ar Rafnbow Coalillon of various agencies estebfished to provide adivitles for chlldren 107 children participated In various programs, Contract will be extended In the Owsley Neighborhood. Funds used to pay fans for children's participating In to continue eapendIng funds on children In the Owsley Neighbodlood. BoylOid Scouts, sports programs, etc. United Way administers the program i was= Nun" oT llrJeehoTeU7amont AaaTerad Eoma,inNy3iva nl /fe2k~ranf►undi jM,a{ Amicen.. V aBMhf. - _-`T-- Natwwl 4.11 i Nd of MW kMln Fsmtle WA*" OMy- TdsI ro"noed l 11 lowfilod Lan Ii:aprJc +f Il~µ+enk d olNrkan >radW UNrquiMM TTM apatYp Oslo invoice e*V" Acur'ry code' Code, Td al lrcane 1r 0 Origin Orrgn Hawk PaUrb lAlsvsor NaIM HouaMCks Owosso" Toth tludpeW Pwkd I c_ d a I 1 k I m n o p q I q h 5196 LMC 8 NW 107 (P) 107 106 20 33 61 3 0 83 3,443 19,988 16,623 I a AnrvrY HUn'Rr afro O.k b. AdMY N•ma, MaVipron. LcCalgn. f p4lMnanlfl talus'. CD93 € 060 PUBLIC SERVICES 670101 (E) ' ML K AF1 ER S rHO9 L ACTION SITE PROQ RA ht-_1904 Contraol.Year Provision of after school care elementary schoolchildren in a tow fnceme Original 1993 budget was $19,000. An additional $2,349 was transforre0 from the nefghborhitod. School Action Site Scholarship program. Progern will oentlnue to provide after after school care 10 children during the 1096.96 achool year. 47 children were assisted during the 1994 prog ram year ; 44. Num6al oTlfoupnetdu enon~AWSW- _ i:ei~rnuclry /IoeTi 6ien Krlr~e it[ 9e to f ' Hnbnel I Not n-tm DIEM rii A,j ode' Tga1 knw:atl ~Irwnre I! rean;c H a,c Ad annekan Han TAa b- T This Pa aq ; WMAM p„ IL spank PeU•Isender Noing Fo 0,owt cqhpb" ToW eudpNrb OF0 y `Op a'ef C c d e 1 k I I( m n o p q I y h__ e 2195 LfdC I ~UBR 34(P) 34 34 1 21 12-- 0` 0 -28 - 10,073 21349 2,278 h 'Ntllonal Oblectlve Codes. "Activity Codes Total: Total: r' Lowrlilod, L)Ml=Area Benefit; LMC=Llmited Clientele; LMN=Housing LMJ=lobs. CANC=Canceled; COMP-CornpNled; UND•Underwsy; 41316 16,799 SIUnvBIighl, SBA=Area Basis; SBR=Urban; SBS=Spoleasls 10a=Sectlon 10th FFAI:Ficat Funded Activity; HOML•HornNaN Urgenl, URB=Urgent Need HUD-00W HUD Funds In Ac"; PI • Program Inoonos; RF•Revd v*V Fund; RWOna-for"OneR~lacemeot SPEC •Spedel beuunenl; GU6R•SutnedQbnt TldsrdmmaYberepTOducMonlocaloflkacopkn __~mFN67Q4g.7A-(Q&IA97j- , Provfouli editions are oosolate. Helo n Mls record for 3 ysem. paps ( 12 ) of ( 29 ) ref. Handbook Of 10,2 , • u3 • • r; s Summary of Activities Having Direct Benefits U.S, De artmentofHousingandUrbanDevelopment Grantee Performance Report Office o! Community Planning and Development mmunity Development Block Grant Program Dole Ar vo al xa. ssoeLVT (au y31M) - - - Me.aeofOrantee OtaM Number Perrod Covered. CITY Or JENTON 8.94•MC48-0036 from. 08101194 for 07171196 (E aawrxrnunhz,- rau4cada aaNr.ryNamenaund;aealocahon trauamPlishnaaus;stus. CD96 05D 'PUBLIC SERVICES 570,201(F.) KINGS KIDS PROGRAM • 1994 confracLYear Summer recreational program for elementary age children In the neighborhood 94 children participated In supervised educational & recreational surrounding the N1LK Recreallon Center. Extension of hours and program from the programs during the summer. Request (or rermbursement is being reviewed. $993 contract year. Activities carried out at the MILK Recreallon Center and al the Funds will soon be paid out. Fred Were Park, i t ComnemlfY bivefepmeni&o<'Ti di il'urida----- Humbef oi, Ho 5•F uuholdNPanonk sail le_._ _-_k__ - rdr Ft.£Fq $"NVFi ' EI We ! AUc NM.nal No' of iM of Asian IM4e1 F"a4 AcAK*4e Oni TOW eaperded MC U aAlesken Headed lMaquWled TIJl Rowing Us FvlniO N OCOW Code" T031 Llr< ne Income HOfIA IIO Jn r spanb PjreA lllvdm Nelrro t1i"J"hwil OWlay it TaW eudaalad `WW t J e I I In n o P R 1 p h 7(95 LMC SUUNDI ER 94 (P) 94 91 4 0 34 0 so so 7,821 14,760 6,028 - 1 1 f a ACtrvay Ntsnt>Or M3PU Coda .Adi+4Y NBm1, Wipliwl. Locauun AttWmpMM; Wu!'. CD96 _ I 05D PUBLIC SERVICES 670.201(E) OWSLEY SUMMER PROGRAM • 1994 Controct-Yeair • Summer recrealional program for elementary age children from the Owsley 62 children participated In supervlsed educational6 reereirtlonal . Neighborhood. Neighborhood Is over 80%fow/moderate Income. Activilfes are programs during the summer of 1995. Request forrelmbursement Is In the process. carried out At the Denis Re'.re, Uon Center and at the Owsley Park Funds wilt soon be paid out soon, n Numbsr of Householdervmana Asslsled " _ "tommunlry`eivifopmant aloskaiinfrurtda-'-_" I ~ I i Vir+e. A?ac'e iiq'xarl liot o! of Aspen tnd'an r.", AUMdbs nil Ortr- T0101 Ehye. P s{ naro ln.;n robe<t.o AGiI { Lrrv,kod` Low Ila an.c Its.lc a aAfeslan Heetled U } Jali • Funde915 Co.e' f, ea° Total Inaima Ila,Mne Oq,n "omn HisPan0. PaaltkolraMM NeIP,M Haoehoide mrysom _ Total 9dgel ad nasF Gd • LMC SUBR! 32 (P) 52 51 10 1B 24 0 0 22 11,750 11,750 al oval 05Jedlivn Color AcINIfy Codes,-__-- I.owElod. UAA=Area Rerieft;LMC=LImiled Clientele, LIAH=Housing; I-W-Jobs. CANC=Canciii COMP=Compleled; UNO~Underxsy; 26,600 61929 its SruM8li9hf. SBA=Area Basis; 5BR=Urban; SBS=Spot Basis 108 ;Seclkn fAA; FFA=Float FuMMActivdy; HOML=Homekas Uigeni una-Urgenl Need. HUD=Other HUUFunds In A•_fivHy;PI-Piogram Income;RFsRo4ong Fund; .I. Red=One for,Ona Reptacemenl; SPEGSpeclel Assessment SUBR-Subredplenl _ e ' Thisroani -'---TOrmHUD49i2A`(06724tBS} Pre dous edlions ate obsolete. Retain this record for 3 years. Page ( 19 )of ( 20 ) rel. Hanebtwk 0510.2 r- • • • f, Surnrnary of Activities Having Direct Benefits u,s, Departmentof Housing and Urban Development Grantee Performance Report Office of Community Planning and Development Community Development Block Grant Program OtApmem NO 26OW71(*'Parelrs.) Name of Orantee. - TGrant Number - - Period COVSred: CITY OF DENTON s•944C48M36 Ilrom 08101194 to: 07131106 2 - 1 - - r4 aAUirdy Nan bar Met, cool;- b AcInNy Nama Dewtgron, a Locau IAuampCShmeMY5lalw' H CDO9 05D 1PUBLICSERVICES570201(E) y OWSLEY SERVICES PROGRAM ,_UNITED WAY • 904_Contracl.Ytior Rainbow Coalition of various agencies established to provide activities for Funds still remain from the 1993 conirdet. 1944 contract will be extended children In the Owsley Neighborhood. Funds used to pay fees for children to canllnue to provide activities to children lu the Owsley neighborhood. padicipaiing In BoylGid Scouts, sports program, etc. United Way administers 107 children were assisted during the 1994 program year. program. Ndiidiir or Hoi~whoid~iPir.one ANTiIiA - Camwnliy-Dwa7apnrnl ll&wirFwldi ; iGndran" Farv6Tc>isrrk~- - rialnrwl NMI of War Aebsn rdM rwele An OPoy~ TOW Eepersded r Dale lrww!y Ogedrve Aarr*y lowMgd I Lva Nbpervc HilpeMn a aAlsoon HawNd VAequMead IM RepertNp ret Cnds• Cafe Taal Irv.'ome Income Mips Oren Nkroio PettinClsleneW NWve, HN"horde 6DkpnlorN ToW BudpMSd Period a d a a___... k .._I m n o P_ R r a h UNO! - - - - - - - LMC 6UBR 107 (p) 107 106 20 33 51 3 0 83 18,000 18,000 0 rYN~ a AeIr009C Ma" 06 D ode _IpUBLICNS ViC S 570.2axarc.) r.AUnmpliNVreMUSUkn: AFTER SCH401,ACTION SITE_SCHOLARSHIP.•.1884Contract Year f provision of after school action site, Full and padlal scholarships are granted to low 1904 contract closed oul. Original 1993 budget was $8,000. X2,349 were transferred a,. • and moderate Income children at any elementary school that provides an after school to the MILK ASAS program to be continued to be used for after school action site.. program. 14 children were assisted during the 1994 program year, Fonal or ou Vvn aktk . AmNola Nora F"64 ani Elperrled nd aM1nhdy LowIMM lo,v N:spaNvpank a dAlasken Herded lMiqu41HW 71:e Reporlip ad Code•• Toter income incombqn Dripn Paceklelorldw NeMe obspelam ToW BudgetM Porw d I I k !o P h 5 LMC SUER 1 14(P) 14 14 1 8 1 2 2 0 0 5,851 6651 FLl60Codesi "A61vltycodes: - Toter oral: _ "l lweVA: Lh51=AreP Benefit LMC= Umded Clientere, LMH=Hosing; I.MJ=Jobs. CANC= Canceled; COMP,COmpleled~ UN D,Underway; 21,651 6,051 Sru"Airght SBA=Area Dasls; SBR=Urban; SBS=Spot BBlra 108=Sectbn 108; FFAbrioat Funded Activsy HOML•HortNhea Urgent. t1RB=Urgent Need, HUD=Crier HUD Funds in AeOvity; PI a Prvii Inc", RFaRCNNN Fund; - Rep=One rot Orte-Replscert+enl, SPEC+Special Assessment, SUER+Subroo4kid I tie-reprodriud'oi4loefl office wpkfe- - - _ - - romTAUG4946:2A-(C0I14J03)' , Pratio s may Prevrous edrt'ons a{e obaOtele, Retain file record for 0 years. W 9e ( 14)of( 29 ) M. HarWOrnN 8610,2 r r t • 0 r' s r r ~11 • ca • • 'rf Summary of Activities Having Direct Benefits U.S. Department of Housing and Urban Deveopmetnt Grantee Performance Report Office of Community Planning and Development Community Development Block Grant Program OMRApacval Na 25MOO17 (o.p. M144) ?Jame of GraMea; Grant IN umber Penod Covered CITY OF DENTON B•94 MC48-0038 from 06701784 to 07711186 a-Ar1my N,mbn MMVCDde bA^lvey Name, IlaFaipl'rcul,eLwlin 11.Attomp6:MisnlJ5lelut 6 CU78 05hl ~PUSHC SERVICES 570,201(1 6 TYYU_CARES,_1?00 E. HICKORY.ST -1992_contract Year Provlslon of medical screening anddentalcam services lolow Income 1992 cno;racAclosed out. persons were assfstedduring the 1994 program families. year with medical and dental services. NumS6 oTHoudFoidirinoniAr•iliiid_. Ani«vail Ira 7C~~ NorM !fold Mivl loan FeTaM Aelnbaa ONy- TaN EagM,dad f1h* Aclivay L-(MaJ LW H'1e9 erdc Htparae dr or Alaskan Haadad UnkquldNad rich Rtwuv Cone" TOLeI I nooma lncem0 Ordn Orion 1'Vp PeGrgl,L&N "rm HoueaMldl. Tdal sudgm" Penod a k n 9 R h OOMP - SUER 0 8,836 8,838 a. AdMey NUYCM klYiia CodO U. .tNay Noma, OalalP:kn, Ocalion I. Attanpliatal"OSW4 coo5 05M PUBLIC SERVICES 670.201(E) NORTH TEXAS COMMUNITY--CLINICS - 1603 Contract Year Funding pays a portfon of the salary for a nufse-midwifer to provide prenRlal 1893 Contract closed out, 440 persons were salsted with medical and dental care care services to low Income women In Denton County. services. tifr - HurkerdLlouwheldeiper'rone Asilsisil. . "'Orr"" National Noll ~ IIM ll IrKOme I 4W ~h OfN~ ,4nercen _ .feMoa-Oars y Y D M1lien Ird,an Fem'wl DNy- TrR« E tF} Dale"' DG,'eclrve~ Adr+M LuwRMOd Low Hk Iba anw L460 a aUrl"aW Tr+s R"a FIKVIad Code' Code" I ale ActMl Toe n lekmder Nauve HaeahW'JI obliolims Total&Aprad Period tt! c d e I I __I_ h _ n I o P I 9 r a h • COMP 10103 ' LNIC ~CUMp 440(P) I 436 433 243 136 47 it 5 I 195 0 17,000 17, I I a anbl Ohted11v6tCodes: _1 'aAcffvf(y Coder. _ ToTit:__..__. o l___._ t 1.0.0tlod.IMA=A+co BeneN,WC=LIrr;Med Clientele; LAIH=Homing:LMJ=Jobs, CANC=Canceled;COMP=Completed; UNDaOrlderway; 23,838 23,8 SlurNBlight: SSA=Area Basis; SSR=Urban; SBS=Spot Ba sH 10e-8ealon 100; FFA- Float Funderd Acilvily; HOML=Homeless Urgent ORB=urpant Need, HOD=Other HUD Funds to AclNity; Pr - Program Income; RFeRevoMng Furl; Rep=One-lor•One Repatement; SPEC-SpedN Asseament, SUBR-SubnrAplant Thra form invy-Wrepioduted onlou7 olFce e'opiers - krl'-Si FI067Wg 7F(8677 PrA,A ws eddlons ere obsorete. Retain this record for years. page ( 15 )of( 20 ) ref. Handbook 6510. i 0 • Summary of Activities Having Direct Benefits u,s. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning and Deveopmunt Community Development Block Grant Program OMBAWova114a 250e-0077tvp 301104j Name of GrdNCe:" - - - Grant Number -Pergd Covered- - CITY OF DENTON B 94 MC4110038v from: 011i to: 07131195 •A!LVxr Nunber Meb' r i. 1•.. I u Code L_ AGrcil Nemo, Dtlb CD95 05M, j 570.1(E rACwmpa:finentastamc 7020(E) NORTH TEXAS COMMUNITY CLINICS.- I994 &gnlract Yea r 431 clients were assisted with prenatal care services. Request for ro nbursement Funding pays a portion of the salary for a nurse-midwife to provide prenatal care Is belnp reviewed and funds will be paid out soon. to tow Income women In Renton County, 11 I Wirr"r oeNouwh01&F aona Aablid-._ Comfarntfy owilipnwni _ . i Natbnal Nod woo A. on Ind•n Fenfale Adr,"s Only- Tool Efpandad C1 Py Ohjw.tl,e Adlmy to Wd Low Hbpr Nifprk or a ANM•n Iread•d l **Adew I Tn11 R•palvp rded code' cool- Td•I Grame rncome Oren Orgn Hfpnc PWIO J.W.W N X110114,11 204 4 1 1 Hou"hoW obkwa1,867 Tdal eu 35d~,N•d000 ?3,,333 11 3 Pwbd I h I m n e p Q r d-- UNDT - - --9---- - ~ _ 195 LMC SUER 431 (P) 424 424 207 70 145 8 3 I a AUNer Nunter MAIM b. ACwq ems, O/v/prbn, aaiCrt pW: A<Mmpr emNul C098 05M PUBLIC SERVICES 670.201(E) 1VIU CARES' 1094_Conttil lYea( Provision of medical screening and dental care services to low Income Funds will continue to be used to purchase supplks for the mer;lcal and - Families. dental dinlos. Contract will be extended until March 1908. _ persons assisted during the 1904 program year. i• 1UvN, I Bloc Amei un!n lnta:l/ Ogeclrre AGn r Numbff or Hou loxldlrFi~ H;a fperw^ a ofNnF• CoiixmwihY S'ar oparMFeel~-StM-7€_.__, _ andw hd FedNites f}l. den lamab AdMeef Ody- YdN Fr Cen N n Headed vort cow TMf RePM' ' i~Fvrled Crrae' Code' rde1 Incm;~ nl L. r,u,L. ,,aa7aladO Hof i O p~ N'fPank ~Ppc rAli ztr" /foulehAs Obeaauonf Toil 8W06d PM,Ed c o e I h m n o _ 4 Q r a h b/95 I LMC 18,209 20,000 1,7 e s efi ~r .vv. 'NAQOnat objecllve Codes; - Adlvity Codes; Total"" _ Your Low,Atod 0M=Afe3 Henefil; LMC:Limited Chencla; LMI1=Housing, LW=Jous, CANC=Carmled; COMPeCompleled; UND=Underway; 65,000 26,1 Slum1[Ei11ghl SBA=Area Rasls', SHR=Urban; SHS=Spot Basis 10114echon 108; FFA=Float Funded Adlvlty; HOML=Homesss Urgent URH=Urgent Need. HUD=Other HUD Funds In Activity; PI t Program Income; RF•RoMving Fund; _Rep=one lor.One ReplaoemenL 8PEC Spedal Aesesemem; SUBft•SUA Wplak_ - _ TNl; form may be"repieduced on 16"] office copes - _ iamHUDaW9.A(6B114 Previous editions are obsolete, Retalo this record for 3 years page I to ) of ( 20 ) ref. Handbook 6316. 0 ,i• 'L i r A ai F Summary of Activities Having Direct Benefits u,s, Department of Housing and Urban Development Grantee Performance Report Office of Community Planningand Development Community Development Block Grant Program 0719 Approml No 2500iAO77 tarp ardt fW) - - Namo of Grantee. - Grant Number. PerEOd wvared CITY OF DENTON i3.94-MC48-00311 from 0810484 to 07131185 t a AdNav Na'ndw -__i IAabu Cato in AUrvAy Nemn Oewgluu,slgat.;n f Acfanyf,SMnen1951atw. _ - i CD84 050 - PUBLIC SERVICES 670.201(E) AIDS SERVICES OF PENTON-COUNTY -1893 ConlractYear Provision of nutrition and h Idne asseladce for families and Individuals affected Y9 1997 Contract closed out. by AIDS. Funds pay for food and hygiene items available to impacted families 68 persons were provided with food and hyglene stems at the nutrition center. _ - v Number olAouuFordalPenone Aalsted - - - Ciiiiwlwraiy 3evelopnwnte5ck 6-n-nlFw,da loll. } NNxruil NNq Iln <d Asun hYd,an Fane4 ActMaHe ONyTagil Erperkd j ,1 rurdetl Cade' COde•' rant eKOme Indme Dr la, ate- i ._r FA 7ub(c3eq~ } + Dao 1044/ Ot;ie<Ir, A0,&Y Lowelod Low fl spank Hlpmec q gNeaaen Heeded UnFNMeled M4 RepoMq iq'n fYgn Nspank Pe1r4i'larr.N.r N,IN@ Huselads Otbgsbvns Tgal esdpeed I'Mod C d 6 i ) k I m o D 0 q f p h j' .lrs5: 10191 LMC COMP SUER 68 (P) 58 48 51 4 3 0 0 7 0 1,517 1,517 r PUBLICI roSERVICES 570«01(,. tAawnplafrnenw ulrrs. b~ a noVCOx94cer ! Ma050 a N i 70,201(E) r N AIDS SERVICES OF_DENTON COUNTY' 1904-Contract Year Provision of nutrition and hyglene assistance for families and Individuals affected 105 persons were assisted during the 1894 program year, Request for by AIDS. Funds pay for food and hygiene items available to lmpacied families reimbursemnnl Ia being reviewed. Funds will soon be paid out, A at the nutrition center. It ; f., _ _nehold.Nenone }lumber of Assisted _ _ `Cernnwrfty fievefipiwM Wak erwit Funds f, lfoi _:_Amercan €€Fai4lac Not o1 NhW<kNOt Asian Cc ~ TMHEa / Dele lust al .U ~ieJ A.Unt i. t v.FLi1 t I Inds9 FmmeN "N9 to l 1W anM a g LvnnAM LOA Hu It p rl r pan6 n NatYM Heeded IINqddNed fiis Rwee' / ~r.• r4101 g _ 1`41W ~ ilaNrc i. de' i Code" feat I tnwme Inane Oi9n 01gn i Itsranc Pn[Ae ISIaWer NaMe Househatds ONgelanY T0101 audaend 1`41W s1 c e , _i Y. m n o q ) UND/ IER I 105 IP1 ~ 105 98 87 10 7 0 1 16 57 7,600 714 r A . A 'tut; 2195 LMC ~SL _ 'lit 'NaUorral Objective Codes: Activity Codes: TOW inlet: w d ` (UmModr LhAA•=Area Benefd; LMC=LhnitedClleale:e; I,MH=Housing; LMJ=Jobs. CANC 0nrcaled;COMP=CwPleled; UNO=Underway; 9,017 8.9 0 S!urNHhghL SBA=Area Bass: SBR=Urban; SBS=Spot Basl9 106bSeolion Ias; FFA= Float Funded Activity; NOMI=Homeless Urgent URB=Urgent Need. HUU=O"r HUD Funds in AcWty; Pl = Prcgr7m inCorne; RFORevo1Mg Fund; RFP=004401•Ona Replecemenl;SPEC•SpaclnlASSeslment- SUBR-SA(ep n_I_ _ . lam HI]f H Handbook 1 j M rel. Handbook k S SR I ' Previous editions a re obsolete Retain 10s record for 0 years page 17 1d( 29 A r_ O . r • r .i y~ Summa of Activities Having Direct Benefits U.S. Dapartmentof Housing and Urban Development Grantee Performance Report Office of Commundy Planning and Development Community Development Block Grant Program OMS Approve) No Nlieoorrlup 3n1M) Name of Oranlee. Grant Number Penod Covered CITY OF DENTON B-94 MC49-0036 from 08101194 to 071..1106 eAUnay llunbel Malru Cade 1 DAdn.lyllwne Dafagl,[q alaation LAaanplsbmenla~5latw. C09K 10 REMOVAL OF ARCHITECTURAL BARRIERS 570.201 (K) ADA PROJECT Replacement of 4 drinking lounlalns & Installation of handrails at North Lakes Additional drinking fountain to be replaced. All work to be compleled by Recreation CI(. •2001 W. Windsor. Installation of grab bars in public restrooms at the September 1995. Public Library • 502 Oakland, Construction of ramp & provide proper slQneQa et the Ooldheld Tennis Center • 2005 W. Windsor. .T. Na!bnal nt 5f1 rinl Yundi row Not 01 NO N Ai~ N 3Jn I ..FwPUalt $eM1icO Total Eqw-ded aM Atlmbea are/- A 1A r$ VA y Aw i Hooded LhrquaNae TNs Re triv y ir'. Crur1M eGD♦odona Coda" (Income IACCmB IIMMIC hlCriain ~ IIilpNric Paofa fsndsr OF wM HWeaNDldt oDf"We Tow eudo" Paled ' 1'' LMC' UND 0 { 0 0 0 0 0 0 D 0 N/A 8,420 0 a Anhar Number MNriv Ode bAUNdy Name, Detnpfgrf 6Ceulbn. I.AUdMphfknanHl5lNw. CD02 13 DIRECT HOMEOWNERCHIPAS$ISTANCE 570.201 (N) HOMEBUYERS ASSISTANCE PROQRAM Use of 1993 8 1094 funds. Original 1093 budget was 358,605. S166transfeued to Housing Rehabilitation. New process to help more pei was fully Implemented 0 Provision of one-half of the down payment , most Of the closing costs end gap In July 10%. New process is working well through participating lenders. financing if necessary to first lime low and moderate income homebuyors. 9 famines were assisted during this program year. ` II 7 r A Nem6ar o`HoweheldalPanona AeNated. i 1CominanRy Not 01 1401 brrdopnwn<9foelyd~inl hunde ~ eNaa ~ `x . ai r ~ VAvfe ' htyk, ~ ~ Amerrsn, pu PuL5o 8wvke ~ ra rlflenol t k s' UAlath Headed U40g Ndd TNIrN~ 'dre ~ loaiAled Lox Ito Bann U to ln tay AdnAy 11 apyt~ ' v7ed rOrln r Ccda' f Code" ll Tc.al Incomo Ir'aame Or n 'paf M Aran NI n r"810 AUNIUe a On TWW Ex gv f I r y p ergs I/iNVnk na•Rr, hi Naha rur HartenofdI nbapeW* Total eu)geled Pngd e d I e l I m n o C 7 r a N r 1 8192 LMH UND f (H' 9 6 J 5 E 1 3 0 0 4 I NIA 134162 4.306 I I I „ l n = 1 `lonalOFIectlvaCodes: - Actlvl~ Codos: t._" - Tolai 17a e f72572~T'far 40,390 Lowmlod LIAA-Area Benern; LMC Lirwttd Clientele, I.W Hous ng LMJ Jobs. CANC_Cenco.ed, COMi 0omplefed; UNO Irndonvay; _ Slumf3lighl SBA=Area Basis; Se ri baS 83=Spot tie sis IOe-SectImICO;FFAeFIeat Funded Atfivrly,HOMLeHomeless UigenL URB=Urgent N.ed HUDxO'J,er HUD ru Ms In Atbvrty, PI a P"ramincome, NF-ftr Mrg Fund; Rep=One lor•One Replacemenl: SPEC~Spec41 Assessmerd, SUBR•SuMecipknl This if km n y be ieproduce3 on rota; ofGte 6p{eis -HU6:4NV2A-(M4?F Fle'doos editions are obsoble Retain this recdid rof 3 years . page ( is )of( 20 ) rel. Handl,oaa 0510, 1 ) f ch • $f .r Summary of Activities Having Direct Benefits U.S. Department of Housing and urban Developrlenl A Grantee Performance Report Office of community Planning end Development Community Development Block Grant Program LNABAWoralflo 2W6,W77 Leap aY3104; j flame of Granlee~ iGiant f6trrw IPe1kM Coveiadi CITY OF DENTON 8.94•MC-48.00711 from: 08101194 lo: 07/31195 ehrlMaY Nvr far M2VIxCOde bAdnil/Name Oaspptivr,Alotalwn IAagmp sMentfJSteluf CD91 14A ISINGLF•UNIrRESIDENTIAL REHABILITATION t .........,570.202 HOUSING REHAOILITATION.PROORAM Loans & deferred forgivable foans to low and moderate Income families for 1993 Original budget was $3524631. $2U,613Ironsferred from varfous ecenunls, rehabilitation of single-family owner-occupied structures. Some funds Budget also adj. wd by $1,376 to correct for projected program Income. lot project delivery assisted HOME units. Etcw ! errA 1fAPWla Nnl O of Asian NM.vn I Fema4 Adn2wa Lµwdad OtIKI,e Acn,.Y L"mod Low Hispanic Kai or /mfken lfasdes UMquidated The Reyodise ode Cda' j Total i krme In:oma Orpn bipm 11e,penie Pe'die Blarder JsMe NaufeMlQa ObFpotan! io'er BU6~alsd PMiod d 9 1 1 o p 4 r h LMH UND 4 (H) 4 4 3 0 1 0 0 NIA 391,519 189,424 I 0 AceiAY Narnher I,IaVJV LOdo E AttrcdY NamB, Oeurpfon,b Laal¢n Mdbhp§srxnenlal'leh,c C052 14B MULTI-FAMILY RESIBENTIAL REHAOILITA'fION 570.n2 n\ PECAN PLACE REHAVIIATATION j • Rehabilitation of the Smdhern Hotel at 31,3 S. Locust SPAM. Rehebllitallon Wok to begin In September, 245 days to eompWtiori will provide 24 un7s of law income housing for the elderly. Oe nton lfous iag Authority i N Arn, ~irH l~lindi y y taifntt, Only- i7ld. F.4% ANn Ovf7 Tdel Erp of -A tf Afton IMW1 Daa W,af creche AdhaY 1.60,1 d Lo,v Nal r Hao~an,, or Alsaken Headed Vflq.Adeled This Report Fund=tl CMe' Code" Total Inu>me Dr 11 sGaw PaM,e Israndm Nii Houfatrows Ob4fi d POW h 0 1 0 0 0 0 0 0 NIA 0 aT Chjeclive CodasiAcllvifyc', doss _rW:---- - LowWodLfAA=Area Benehl; LMC=Limited r1reniele; LMIt=Housing; LMJ=JohnCANC=Canceled; COMP=Completed; UND=Undebny; 9 189,42 SlurNlitighl SBA=Area Basis; SBR=Orban; SBS=Spot Basis 10A=SOlhaO teA; F lFun4ed Prog HOML=Hemeless Urgi UR ~ UrpenL B=Urgent Need. HUD=Other Hl.b Funds unds In In Activity; PtI - Program 1Mame; RF=RlwoMng Fund; Rep=Ona-for•Ona Rnplocerra l; SPEC-S al Assessment, SUER=Sulfwjpient -S40-A- tU24J43j Previous edihons e,e obsoiete. f1i this reowd for 9 yearspage ( 1 A j of ( 2A Handbook 6510.2 i' • 0 j r • ca 0 Summary of Activities Not Having Direct Benefits U.S. Department of Housing and Urban Development r Grantee Performance Report Office of Community Planning and Development Community Development Block Grant Program OMBApproval NO.2506.0077(exp,3f31794) CITY OF DENTON I B•94•MC40.0036 from: 06701194 to: 07111195 t` Date' Nal"T CIDBO Funds Activity Malnx rnital{y ONWIve Activity Expended this _Neo }Code Atlivny Name Description, At Locabon Funoded~ Code' C--- Accomp.ishmentsrStatus Budgeted Repiroh FerW _ . F 21 ADMINISTRATION 670,206 S 1 21A IGeneral ManagementOversight8 - +!Coordination 210 1 Fair H o us Ing Activities 2111 Administration of Homebuyers t Assistance Program f+ 21A iAdin nisiration of Human Services Program fProgramYear 1992 8193 Original 1093 budget was $9.723 which was transferred 0 0 kkkV to the Housing ReNablliletian Program ~ProgramYear 1993 6194 Original 1993 budget was $19,775.$9,629were bansfen 10,146 7,125 as follows $6,951 to Housing Rehab. and $678 to I City County Dry Nur" Rehab. - I I I '11rogremYear 1994 81'S 237000 185,978 i I EI ~ `i> ~f~.~+ Y E ~ r• G 219 Capacity of Bultdiny for Lota1 Nu.n•ProGl t' Agencies • 1993 Funds 3,194 915 7 h UNPROGRAMMED FUNDS $10606 1I J 'Nalfonal Objective Codes: Actrvl CodeeE_ TOW Net i LowA,Iot. LMA=Area Benefit; WC-LImiled Clientele; LMH=Houtln0; I-W-Jas. CANCrCanceled; COMP-COmloeted; UND-Underway; 250,340 194,018 SlumiBkj III SBA•Area Basis; SBn=Urban; S9S=Spot Rash, 108=Settion 108; FFA=Flat Funded Ati";HOML-HomYets; - - - UigenC UR B=Urgent Need. HUD=Ulher HUD Funds In AciiMy; PI - Program Ine"; Rf-RevaMn9 Fund; L Rap=One-lot•One Replocinierd; SPEC-Spedel Aelessexnt SUBR-Subrai m oray be iap rr.Jiiced"onlocal oTte Ebpleis . Ws h - - rurm~-F4UDAW9;3 (6p24"- Previous adillons are dbsol0le, page ( 20 )Of( 29 1 M. Handbook 6510.2 Relain this record fa 3 years. f. • i S y Ap nU No. 4110113 HIM Financial Summary U.S. Do Amen( of Housing and 60/Muulaumenf Grantee Performance Report omde el Communiy Planning and ImmenL Community Development f3lock Grant Program oMRAppraralNn,2sus-0orr(e: p.3OI/94) Public Reporlingaurdan for this colloc tionoPviomwlwnfe aslimatedlo swage 12hours par response, including ha time lur rsvawinginMrue[km o, swchin9 e, lafirq dala wwas,gathorin g and"Irflaln In g lho Bala needed, and comp sling and rovlawing J o colteclion olkdomation. Sond mmman l svegarding lhtsbudon es8nu la w any o llwr aspocl of this cofKvon of lnfarmaion, lndudng slglses tlons lor is huing this burden, b the Aeans Mar!agwnent ONinr, Olfiuol In famue'on Police$ end Systems, U.5.09pverwntol K%, sing end U-han Devalopmaot, Wa5ldngton. D.C.2M 103600 and to the OlhcaolManagonwnl and WrIgot Paoonvork Raducom Proied (25OGd077), Washington, O.C. 20503. Do nol "not INS comploled form to eilnw of tl» se addusseee. i. NAwal G.cMee 2 r-WN"Iw 3 ReW NPeriod CITY Or DENTON 8-94-HC-48-0036 From 8/1/94 To 7/31/95 Pad! Summary of CORO Rn ouraes I. Unesponlbd CDBG funJs of ondol previom rosoning period lRalance from prior program years) f 991,902 2. Entitlement Graid lmmlorm l4UDd0B2 f 1 ,187 , 025 3. Swplus Usbm Renewal Funds f- ' -D- d SocSOn IUA Guaranlaod Loan Funds (PrincipalAmuunl} f -0- b Programincome received by Cyantae Sub(vipfenl (Column A) (Caturrm0) b Ollrer ~Ideul ly below.Umore spare is needed use an altachmenq s~'/~'r~~r/' 4 /r / ~l,! irH/~% ~ i Lean Re( lymenta Housing Rehab. 18,375 Lorin Repayments -Demo Program ~ 1,217 f ,x1.r'.9Gri~r s/ c 7olnt Proq am lncane (Sum alcMumns -and of s ~i~ ~ws~~/~i~~ii ~~~~~~l~~~/~ f 19,592 6. Prior Pedal A~usVnonls(d column is a nogaave a mou N, on dose in tvackets) f j -O' 1. Tola. C U D G _.va_, laE.-._le _ __._._m gi_ h_ Is . p-_or b d (su m or _ b a 198,5 Funds a- ter use Jur rcpo ninga~s l lhrav gh 6) f 2 a19 ~ Padll Summa oICDBOE, endlturve -,e' f P. Total avpanddwes mportedon Adrdy Sunmary. lams NU U4 9d928 d74 9 .2A f 884,767 .._-2 - 9 Taal arpandeJfw Plann'ngd_ Adm ni sVa .-lioq_fo_rm .N_VUJ94- -9 194 OlB - /'M - ----8 13. A,rouol sub ed to Lowl}rod genehl Cakulatwn (I,naB mnotline 9) ~~~5/G p - I1, CDBG lends used for SachOn IC9 principal dinleresl payrnanls = ' 12 Total aAPenddmesU rtaOplus linelq f ~ • 984,767 13. Unexpended balance tline 7 minus tin- 12)1 - f - ) 1.313.752 Pad Ill: LowlMcd Ben All'ihb RporMO Paled U/j ~i yr 3 14 Tola- --cred, - lcrmull - ul - - - - , f LowR,lod unithousing eaprodiluwslrom fam NU64949.2A f 15 _e.llo_._. _._iviUes q.-Al - W _ wlmod aapa__nd_gu _ red-fromtams NUOd949 r-_-______._- . 7olalhOmlhesa dua Fy~np .2 and 49a9.2A f • 668,995 ~..v _ - 16. Toou (line 14 plusline 15) y--~--~--------- • • -0----- - 668-995 17. Pw[onlaenlil to hwln¢d poi cons(lire-1,6- e l8 ds'ded byfina sU ibis lepeninq period) 97 % This to rm may bs roproducod on loci l otf,,e apiwa - Ploux,usodRlonsawobwleto. form HU04040.11 (05124193 Re la n Uds record is r 3 ye are. page (2 1) 9l (29) ref Mandbook 8510,2 i 0 O 1 1 1 . I 1 1 r♦i rl t 41"da No, "Veoull ,lam ire, . Panty; Low7Mr4BerMM fastlysew CMHkat(om Complete only If cwtlh:sbon PerW lncFudas prior ( yea u~if Program years (PY) owed In conlioalion py .__94i _ hY PV 18. Cumulntivanot expenditures suboctlo pro(,ramots"filcakularlon f 690,749 VD. Qfnulativeespendituroabenefipngbwhrodperaona f 668,995 20. Pwcentbeaeellolo*/modper»ns(NmlDdiv4dedbylimii) JJJSSS~~~/ 97 % r 51 ~3 PdY. For PubMc$mk*(P8)WOO" Only: Publio lervlu Cep Calculation V. Total PSaspwd8nreclromcalumnh,lwm HUD-4946.2A f 119,811 2?. Total PS unSquida led o0galions fromcoturfn r, form l IUD-4949.2A f 113,804 23. Sum olllne 2l end lino 22 233,615 24. Total PS unliqufdatod oblgali" a repuned al the endol the proviou srepunhg pa.od If - 144,711 25. Nei obligaWns kr pubk swvkvs Qlnv 23 rmlus Fro 24) = 88,904 _ 26. Amount al Program lncoma received in the ismedine program yea-_- - 19s 27. Entitlwrwnl WanlAmounl(Iromlho 2) f 1 187.025 20. Stmoflinv26andlne27 f 1,206,135 M percent funds obVgatod fw?ublfc Service Ac Alts(lino 256VAW by line 20) 7 % Pan Y.: Plenninpand PrcgnmAdminlatnlNon Cap Calculation 30 . Amount wEyaltoplanningand sdmhishelivecap (granlamounUromNrw 2plus Nne Sc) 3 1,206,617 - 31. Arrount vvpended for PlannhgaAdrte nl sUatbnlfromlinaD ebar of f 194,018 37. Percenltun0sespwdedpino3ijModbyino3o) 16 % Instructions Nsrrroof cuant": Enter the grantee's name as shown on the approvad Orant Agreemonl (form HUD-7082) for the most recently completed program, year. - OranlNumbsr: Enter the otantnumber ass{gnedby HUD to the Community Development 8lockGrant foethemWFacentlycompleted "ram year. Period Co9ared: Enter the beginning data and ending dale for the most recently complaind program year, i s Page ( 22 ) of ( 29 ) form HW dslf.f P&24A3 nl HwtdbeottES 10.2 f r ; ' i t i v~ ff lr r1~ f d 1 a ' • • nI f h1 11 r 1 S 4- N. 10 k Sees ~e Name of Grantee: Grant 4m4 Neeriod Covered lte CITY OF Ah'N7OM B 84-MC-ae,QO36 A"s f' FINANCIAL SUMMARY INFORMATION A, i'rogram Income Received 1. Total program income to revolving funds: We 2- Float-funed activities: nla 3. Other loan repayment by category: a. Repayment of rehabilitation loans 18,375 b. Repayment of demolition loans 1,217 Total $19,592 4. Income received from sale of property: n!a B Prio period adjustment: Reimbursement for disallowed cost: n/a C. Loans and other receivable: 1. Float funded activities outstanding as of end of the reporting period: We 2 Total number of loans outstanding and principal balance owed as of end of reporting period: fl, Single-unit housing rehab. loan fund: 1. Loans outstanding 35 2, Principal balance $160,807 b. Multl-unit housing rehab, revolving fund: n/a C. Economic Development Council: nla 3. Parcels acquired or improved with CDBG funds that are available for sales as of end of the reporting period: nla 4. Number and amount of loans in default and for which the balance was forgiven or written off during the reporting period: We • 0 5. Lump sum drawdown agreement: n1a Page( 23 ) of (29 ) 1 1 r 1 I I , I Benda Na ~~~.,..rr~ Name of Grantee: Grant it Agenda awja CITY OF_DENTON ~_.9lAAG-4~ 6 n PROGRAM YEAR -1994 RECONCILIATION Unexpended balance shown on GPR: $ 1,313,762 Reconciling Items: Add: LOC balance: $ 1,628,963 Cash on hand: Grantee Program Account $ 0 Subreclplent Program $ 0 Revolving Fund Cash Balances $ 0 Section 108 Balances $ 0 Subtract Grantee CDBG Program Liabilities $ 216,216 Subrecipient CDBG liabilitles Total Reconciling Balance $ 1,313,747 Unreconciled Difference $ 6 I i Difference due to rounding of expenditures amounts. Page( 24) of (29 ) r I 1 Name of Grantee: Grant eriod Covered AgMdx No. CITY-Of-DENT-ON B-94-MC48.49$6 Ap no item =1144silo"' Do Program Year • 1994 Calculation of Balance of Unprogrammed Funds Amount of funds avallable during the reporting period $ 2,198,5_1.9 (from the line 7 of HUD - 4949.3) Add, Income expected but not year realized" $ 0 Subtotal $ 2,198,519 Less: Total budget amount (on HUD 4949.212a) $ 2,187,913 Unprogrammed Balance $ 10,806 • ,i Page( 25 )of( 29 ) J, 41 r, r • ~r z One-For-Orm Replacement Summery U. S, Dpa"ment of Houalnq and Urban Development Grantee Performance Report Office of Cwmnnky Plennkq erd Cevelopmern MIDIIILII~!Q@Y 1fIl@115..Q i.~G9CI~PrIIQ[ADl-..._____._T OIABAppro 11,164 6O"77(arp. dr11ri1} 1 He 010,rae•: --Tins, N: - - VwiodCewr•d: CITY OF_DENTON 8-94-tlC-48-0096 Irrom 8/1/94 a; 7/31/95 Pen I: L"Vod Houekq Unite DomolieheNConvanad Pert Il; Rephoemem Units • b. ° Nunb•relUmY1WbyB•dree,n Sft• I. e. AdMy AnrieyAeh•M Dam of Ih•rwa•demeWlnev0~44 Nwre•r 2 R•d.e•mwMdrw• ne•UN nSa• Tea Ae• wIl S 4 6. Taw Arrl" M tAurW t el UneS e by 8•4 dreaH NO DEG ACTIVITIES HAVE MATED A US NC REP .AC RESPONSIBILITY. i This lormmay ba rVmd ttd on lx -J ofFca cophrA. Prariove •dilion • •r• obwNl•. ) Mffs 1 1 lam leNaA( 6.f R•tafn IhH record for 8 years, 26 of( 29 eel.. • - ; iy ~ t , nor fit. , • AOenda I!em.._ Rehabilitation Activities U.S. Ve arlmenl of Hous a6Lrben Devolopmant Grantee Performance Report Office of Community Plan g Community D evelop mont Slock Grant Program OMB Approval No.26H,007 9(oxp. Y9 N04) Publk:Aepoding Burden lm lhisco Peclion of In lamalioniseskrtalod loaverageb.0hows pet lBSPO nso. ixiudng tho lime k.rmyIewing Instruction s. aeatching exl s linp datas , t endmalnla 1 IkedaIdnB ning adod, andcorr ing and revwwln g thecolloction oflnformalion.send<ommanlcregafding lhliburdonasyreafo aenyalholher aspocsPOCl of Iris colloctwn 0i of in inlnrmat'ron, indud'mgsuggBStiansfor wdacing this Wake. to lha Reports Mandgeman10Nicer, Olliceof lnlormaibn Pa iciec andSysleni S. O apartme M of Hm sing aodUrban 0eve lopmenI.Washivion,D.C, 204101W0;andlalho01ACe0IMmagor land Pud2Bl,Paperwork Neduclion Prood !250(i DM I) Wa ehingloo, D.C. 20509. Donal send this eomplel W lolmto Other o l Mess addreswas Inelrucllone Nemael Orantoo: Enlor 1114 panlae's name as shown on to approved Grant Apreomenl(lam HUD 7082) ra lbemosliecenlly comp);Ivdprcg!nm year, Grant Number: Enlorthogfanlnomhor ass1g0edby HUDIo lho Cumnenilyoa;e!opmenl Pkak Granl rot Iha rnos114cenHy completed program y4ar. Forlod CoVerod: Fn ler th a be ginning Bala end rndinp dike for l F.n mo sttocenl ly comoleled pfogfam yvw. N rotN rot G~ lI firer Nuns, NwY.. J CITY OF DENTON B-94-MC-48-0036 From 8/1/94 To 7/31/95 SfngIaunA MuN11unN ;6ptr~f4~flt(KIbr~r .I1M(b iielkyy)MYftP ,T{Jµ~(' Achvdln Ad velar ` „ (One Unit 5lruclwee) (Two or Mon UnN Hrudures) 5. Check box only If gronlee h+d no ODDO rehabilitation ictivilies none r none rX ~ 2. SleHinp numiarof Stall-Vears(FiE Crall goals to lenlhs) 1 7. Cuvent Progr+m Year Expendlluree Actisiy deirary cOSls lrom C(7P0l~nds f~--~--- 3 '-'---_._w__-__.___.._ a.SbHcoslu.lmounl erp4ndatl for slatfyoareh?above 8,653 b. Other direct wilo(notindudad Entno4) f 10,081 S 4. Current Program Ya Expendirmea. Fm fill projects (b~mcpan and 4 cornpWro, ontor A nxi u n l exp ended do ring lh a p lograrn year(asbvc booty) 166,689 a. COPGfundoexpoadod f I66,689 S b. Dlhar p~tda(FOdaml, 5ialo, Loral) fundsoryntlnA f 0 f c. Pmalefundsexpwod f 0 f 6- PrniedelUnile RehebPll PledlCemmdled r~/~i/q ~ ~~'j /i %G' a rimrtic, of prods eor rolkd(mullr unt coty) p1jeets b-llvrrber el uclls conrnilred 4 Urrll4_ 6. 0bligall ns. An unlobllgalodlnrbrcbe'cw)lo~projocls'urols S f ccoanitledrn 5a acd 5b 166,689 f o. r,DPGianasobegalod s 166,689 b. Dlh ur PUb¢(Fedaral Stain, Loca l)h.nds odl'gstad 0 f c pmaru funds Wigawd 3 0 f 7 Ro)rcUrUnfte Pahabllilaled Cam_ploled a flurnbnr of prarods coupleled(mull i-unit only) ys; v'r pro ecI - . b, 1lurnb er of ands cwnpieled 4 Umla r? ho loial anwunl osfunds Br to pf ogreram ! 8. CuIhPm[Wulell and enIB'd and pendra n m yeaadl4 0r PW ao lPP p 'aiBd derpe9 f YVar!a a b, ale PIng9raY f Ode 166,689 a. CUDGbrintlsorpondod f 166,689 b 019arpublc l'odoral Salta Local) lurdsoxpanrbd f 0 $ < Privrte lands oxpended S f 0 tndividU?r5m.ly Copy this lamOn oGCO COPt0140l neada d, Pl ovbu s Ed WS are Obsoie104 form HV0 494g,f{08'2/793) Felan lnisrorold fm Uyao, s. Page( 27 1 of (29 ) rBLHandboake510.2 - _ p ii Name of Grantee: Grans r,C°a ~i. Co~~ { UJ L FNTOiV B-94.141 1 443( ~ncr 7 REHABILITATION NARRATIVE The City of Denlon's Ilomeowncr Rehabilitation program provides a combination 3 percent interest loan and deferred payment loan to low and moderate income households. The loan portion is 5, 25 or 50 percent of Ilse total cost to rehabilitate and is amortized at a 3 percent interest APR for 10 years, The deferred payment loan portion is 95, 75 or 50 percent (respec- lively) of Ilie total cost to rehabilitate, where 11120 of the deferred ioan portion is forgiven over 120 months (10 years) for each month the recipient residss in the structure, The level of loan assistance is relative to family size and gross annual household income using HUD income levels fer Denton. A property must exhibit one or more building code deficiencies which make the structure unsafe, unsanitary or energy inefficient. The City does not provide loans for emergency repairs, small repairs (under $ 1000), or repairs where (lie ono needs are "cosmetic" in nature. Applicants are intbnned that eligibility to participate in the rehabilitation program requires that I) project costs do not exceed the maximum subsidy limits for Denton set by HUD and 2) all building code and structural deficiencies must be corrected to meet the City o£Denton's current building cede standards. During the 1994 program year, a CDIIG funded rehabilitation had a maximum limit of 75 percent of the post-rehab value with no other specific; dollar limitation. Structures that could not be brought up to City building code standards wilhin this limit were referred to the HOME rehab or optional reconstruction program. Repairs included electrical, plumbing and mechanical updates. Projects could include installation ofnew roofs, windows, doors, central HVAC, and weadtcrization of the unit ochabilitatio! allowed for cosmetie repair including painting, cabinets, new carpeting, ,i~.,l flooring, and vinyl siding; however, cosmetic items were deleted if neccsmry and appropriate to remain within the 75 percent of post-rehab appraised value limit. Pour structures were rehabilitated under the CDBO program. This was a decrease from previous years. During the 1994 program year, staff continued efforts to set up and implement a HOME funded rehabilitation program anu an optional reconstruction program. With the HOh11, programs now well underway, staffexpects an increase of rehabilitation projects to titre place under the CDBG program in the 1995 program year. Page 28 of 29 A O I • as 4 Displacement Summary U, S. ooferiment of Housing Ind Urbon Ddvdlopmemi Grantee ftdormanrs Report Office o Community Planning and DervelopmeM Community Development Bloc* Grant Program OMB Approyeft, 2W.00771 E xp.=IM) Name06wloo OraM Number P"c vww CITY OF DFNTON B 94-MC-48-0036 Pray 08/01/94 7o 07/31/95 Lowand lAedanfelneema Hoaaehelde WaQYead Oednllha UNCampNled PreyemYear HeuwMklr nddng in ibis census Iran Houuhe'ds rxnaldnghlhla canwsMKl DlsplacadhouHhnlda raloeaNdbMla anroslnU ~ -I, Iron MOeNreMfea lracl Wnne Blackw were di Iacad Amencan While ._Plack. Amerkan WhhlIo a t Black American altadiep I~-cama_ M Not Hal Aslanm Inrlanor Not Not Aalanoi Indlanoi Not Not AeNn or Indianoi rAnSea Hlspanc I-s"nle Pacifo Alaskan l6pank Map* PA "k Alaskan Hispank Ilisloanio Packio Alaskan Traci Orin Odyn Ids en.'_ (slander Naliva Or,Qln .O~In I{IS enW lelandar_ Madw OrtQtn Or~'m FNsNeIo Ithander Wye `I!( b C d e I - NO DISPI.ACPM . T OCC RRHD. 4 fi i Tor NS - - 7h is lam may be rep roducad on local illlc at coptarc PfeAm s adds ns are obso INa, i~mt HUW/M./ H at a in lhluacad W B year s. pwi 29 loll 291 HlHandbooke! t ' f r CK% 0 i f pry 1993 GRANT YEAR A 9 t n d A NWO Agcnur, Item COMMUNITY DEVELOPMENT..BI.OCK_G Budgeted Expenditures Balance Activity Program/Activity Amount 07/31/95 Amount CD80 Administration 155,871 152,850 3,021 CD81 Housing Rehabilitation Program 387,130 198,762 188,368 CD82 Homebuyers Assistance Program 75,000 56,948 18,052 CD83 MLK Kid Connection Program 15,000 4,798 10,202 CD84 AIDS Services of Denton County 5.000 5,000 0 CD85 North TX Conunui,ily Clinics 35,000 35,0011 0 CD86 Fred Moore Summcr Program 10,000 91029 971 CD87 Demolition Program 24,100 24,035 65 CD88 Owsley Summer Progran, 15,000 10,207 4,793 CD89 Owsley-United Way Program 20,000 16,557 3,443 CD8A Owsley Park Playground & land Acquisition 79,900 45,303 34,597 CD8B City County Day Nursery Rehab. 46,644 46,644 0 CD8C Morse Stree! Sidewalk 100,476 33,044 67,432 CD81) Oardenview Street Sidewalk 27,000 14,750 12,250 CIME Capacity Bldg. 4,500 2,220 2,280 CD8F MILK Park Playground Equipment 37,500 10,400 27,100 CD8G Mack Park Playground Equipment 40,000 10,400 29,600 CD811 Bell Avenue Sidewalk 13796 0 13796 TOTAL 1,091,917 675,948 415,969 • i r• , f Al 1 f t , f r r , 1 Sli J". , f) tl , • • - 1994 GRANT YEAR L0~13~~t COMMUNITY DEVELOPMENT BLOCK GRANT Budgeted Bxpenditures Balance Activity ProgramlActiyily Amount 07/31195 Amount CD90 Administration 237,000 185,978 51,022 CD91 l1wising Rehabilitation Program 18,375 650 17,725 CD92 Honmbuyers Assistance Program 105,702 0 105,102 CD93 MILK After School Action Site Program 21,349 4,625 16,724 CD94 AIDS Services of Denton County 7,500 7,443 57 CD95 North Texas Comtnunity Clinics 35,000 23,333 11,667 CD96 King Kids Summer Program 14,750 6,929 7,821 CD97 Demoiilion Program 66,217 12,719 53,498 CD98 Owsley Summer Program 11,750 0 11,750 CD99 Ows:ey-United Way Program 16,000 0 16,000 CD9A HOPE, Inc. 18,000 8,182 9,818 CD96 TWU Cares 20,000 1,791 18,209 CD9C After School Aclion Site Program 5,651 3,302 2,349 CD91) SPAN Vehicle Purchase 14,140 0 14,140 CD9111, Street Repaving (4 streets) 35,583 12,005 23,578 CD9F MI_K Park Improvements 10,400 0 10,400 CD90 American Legion Hall Renovation 100,00() 0 1001000 CD911 Denia Park Improvements 40,000 10,400 29,600 CD91 Frcd Moore Child Care C1r.Renovations 200,000 118,195 81,805 CD91 Fairhaven Rehabilitation 14,957 11,941 3,016 ( D9K ADA Projcct 8,420 0 8,420 C1391, Owslc), Center-Land Acquisition 26,000 650 25,350 CD9NI Chamber:; 91. Drainage 140,000 9,589 130,411 CD9N City County Day Nursery - Drainage 22,223 0 22,223 CD9P MK&T Drainage 17600 1,710 15,890 TOTA1, 1,206,617 419,443 787,174 • HOME PARTNERSHIP INVESTMENT PROGRAM Budgeted Expenditures Balance Activity Program/Acilviiy Amount 07131/95 Amount IIN110 Administration 50,000 18,015 31,985 HM11 Housing Rehabilitation Program 200,70 54,112 146,590 • JIM 12 Ilomebuyers Assistance Program 44,298 0 44,298 . J HM13 Affordable Housing Program 1301000 19 129,981 IM 14 Denton Aflbrdable Housing Corporation 75000 0 75000 TOTAL 500,0(10 72,146 427,854 • • ?3 1995 GRANT YEA FUNDS RELEASED 91111 p~"~ un COMMUNITY DEVELOPMENT BLO Budgeted Program/Activity Amount Administration 249,0(10 Housing Rehabilitation Program 254,780 Homebuyers Assistance Program 125,(100 i Akernativc Avenues Program 5,000 AIDS Services of Denton County 7,500 Nortli Texas Community Clinics 31,000 King Kids Summer Program 15,750 Demolition Program 65,000 Owsley Sumner Program 11,750 Evers Park Project 100,185 Denton Community Development Corp, 60,5W Community Sidewalk Repairs Program 48,000 Cook & Ruth Repaving 19,900 Crawford St, Repairs 30,000 Denton Special Olympics 15,OW City County Day Nursery Kitchen Project 30,000 I Fairhaven Rehabilitation 12,000 Fred Moore Day Care Nursery Renovation 75,000 MILK Center Lighting Project 3,000 Phoenix Park Project 350W HOPE, Joe, 25,000 MHMR Respite Services Program 15,000 SPAN (Fairhaven Services) 10,t0 TWU CARES 2010W Contingency Fund 10,(100 TOTAL 1,273,369 • HOME PARTNERSHIP INVESTMENT PROGRAM Budgeted Prol;ramlAcdvity Amount Administrallon 41,000 Housing Rehabilitation program 79,720 Optional Reconstruction Program 204,5(10 Fairhaven Retirement Home (Rental Subsidies) 12,280 • Denton Affordable Housing Corportallon 75OW TOTAL 412,500 I • p • e, a r Fti a DENTON ooooaooooo000 d~ ~ o © o a ~ d a t. c3 o L~ ~ OOO r ° + X000 oooa N . ~ 0000 ~~Q~oao~o r. e CITY COUNCIL a • S DATE: 10117195 ~;U~oac!tam~.1IL:!'1.7~- uu~c_ CITY COUNCIL. REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider a variance of Section 34-124(g)(1) of the Code of Ordinances of the City of Denton concerning easement requirements for drainage facilities for the final plat of the Muenks (pronounced "minks") Addition. The subject property consists of 2.171 acres and is in the Single Family 7 Conditioned (SF-7[c]) and Two Family Conditioned (2F[c]) zoning districts, The property is located on the southwest corner of Hinkle Drive and Haggard Lane. RECOMMENDATION: The Planning and Zoning Commission recommends denial of the variance (5-2). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: I • Council voted 3-3 to deny the variance on October 3,1 995. I • See Planning and Zoning Commission Report. i PROORAMS D. EI`VtiRT S gR GROUPS AFFECTED: Not applicable. • Y1$CAL IMPAC'T': None • Respectfully submitted: • • oy V, Harrell, City Manager • I- „,a;, Hein uaw _ Prepared by: u~ ank H. Robbins, AI Director of Planning and Development Attachment Planning and Zoning Commission Report Attachment 2: Draft minutes of September 13, 1995, P&I, meeting. axxao9u r • • 0 0 • w PLANNING AND ZONING COMMISSI N-R To: Denton City Council From: Planning and Zoning Commission Subject: Final Plat of Block A, Lots 1.5 of Muenks Addition. Date: October 3, 1995. Recommendation The final plat as presented before the Commission does not meet the requirements of Section 34, Subdivision and Land Development Regulations, of the Code of Ordinances of the City of Denton because a required drainage easement has not been dedicated. A variance of this requirement has been submitted, and the Commission recommends denlal of the variance. The Commission also approved the final plat subject to the variance being approved by the City Council. If the variance Is approved by the City Council, the final plat will conform to the City's requirements. If the variance Is not approved, then the plat must be resubmitted to the Commission In a form conforming with the City's current regulations (see report from David Salmon). Summary The 2.171 acre she Is located on the southwest comer of Haggard Lane and Hinkle Drive. Section 34.124 (9)(1) requires that floodways be dedicated as drainage easements. The criteria for exaction variances follows: (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, h may recommend approval of variances to wat+re such exactions, so as to prevent such excess, to the ohy council. Waiver of developmental exactions shall be approved by the city council See the applicant's variance request. Background A rezoning request connected with the property was approved by the City 0 Council on July 5, 1995. The subject property will have four duplex lots, and is Ilmhed to a total development of 13 dwelling units. Attachments 1. Plat. 2. Engineering report on drainage variance. 3. Applicant's variance request. . • 0 O • a, 0 • .Al r s# - - - `'oo--LAGGARD- N 89'2446 E 284.3 - - ° 89'52'13" E N rn ' yclb , a MILLARD THORP 64,30'_ b ---64.30'. • 16' . 277.4 + v 64,30'. ~ oy~w a (D H I TO 25' BLDG 68.53 - b c! a o a u + CURTIS L. HIMES ;o o o w W. ,'VOL. 2341, PG 470 v ui LfNt~-O c - o N ! R,P.R,D.C,T. a m LOT 1 3 3 3 3 z W ~i w a r. I 0 LOT 2 _ z co LOT 3 ui ~!3 J r C) N 89'59'06" E It It LOT 4 ca1~a o tY > 98.98' ~G Go N h Q °Q m o cv C) Cl N 02'50'44 E N_ iy 0 6 N co 24.74' 64.30' (n - 64,'30' y 64.30' y cv ZONE A u ZONE X N 87652'13 131, v, 413' v "-llr7 713 W 13 .83' Q V) N BLOCK A gw~ APPROX. LIMITS OF k' z I LOT 5 Q. Q Q FLOOD ZONE A J('o' 3 !C-4 _ 30 op go a FLOOD WAY r~ Ll UMUNT F Lr) LL, co S v R V 1J ~ Y A,--31 ~z ( FLOODWAY G~ 218.87' a ~G 3 N 87'i7'06 W ° HARRY W. DOWN, JR, /22 .8 4isFf e z k 5l) n FLOODWAY ' UNITED NATIONAL BANK a^ c • VOL 364- I_ K. CT, o ZONE A f~_.N 86'30116" W _ 169.86' 70NE X L.F. I HFNN KI LI Y BROOK5 • c~ • Agenda No. Agenda Item Due CITY of OENTON, TEXAS MUNICIPAL BUILDING # 215 E. McKINNEYs DENTON. TEXAS 76201 MEMORANDUM 1617) 5668200 DFW METRO 434.2529 DATE: September 6, 1995 TO: Planning & Zoning Commission FROM: David Salmon, P.E., Senior Civil Engineer SUBJECT: Variance of Drainage Easement Requirement for Muenks Addition Rick Muenks, owner of the Muenks Addition located at the southwest corner of Hinkle Drive and Haggard Lane has applied for a variance of Section 34-124 (g) (1) concerning easement requirements for drainage facilities. The cited section requires all public drainage facilities to be located in a drainage easement. In this case, the owner does not wish to grant an easement for an existing drainage channel that is in a 100 year floodplain. Section 34-124 (d) (6) requires dedication of the 100 year floodway. Mr. Muenks has based his variance request on reasonable relationship. The commission may recommend to the City Council that the variance be granted if the following criteria is met. t 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 or is so excessive as to constitute confiscation of the trait to be platted, it may recommennl approval of variances to l waive such exactions, so as to prevent such excess, to ! the City Council. waiver of developmental exactions shall be approved by the city council. Staff recommends a variance be denied based on reasonable relationship for the following reasons, Granting a drainage easement will not limit the owner use for the property any more ! than it is already due to that fact that it is in a federally regulated floodplain. It will allow the City to enter the property when necessary to perform drainage functions and enforce floodplain regulations more easily. Therefore, it could hardly be considered confiscatory, Most of the water from the subject tract will end up AEE0059E "lled(rured ro ~~ua!!rv Svnirr" in the drainage easement, so it will ser Ap~N1 creating a relationship between he developm nlbenlaigmt*~ ...+,+w. .requirement. Granting the easement simply ides for order development. It should be noted that even improved in accordance with the master drainage plan, a minimum 65, wide easement would be required which is only 10 to 15 feet narrower that the easement currently required. It is questionable due to downstream conditions if making channel improvements would have an effect on the width of the floodway, optional t) Recommend approval of variance if applicable criteria is met. 2) Recommend approval of variance with conditions. 3) Recommend denial of variance if applicable criteria are not met. Staff Recommendationi 03 David Salmon i AEE0058L • Q 0 LAWdA lo. Nem y in cul-de -sacs and at approximately 4WId o intervals on tangent strtets. $s o. 34-124. Drainage requirements and assign staadards. (a) 9229 lance. All developments shall provide the drainage facilities and improvements to serve the development in accordance with the requirements and design standards of this section, (b) purpose. The standards and requirements of this section are adopted for the following purposess (1) To protect human life, health and property; (2) To minimize the expenditure of public monies for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; III (5) To minimize damage to public facilities and utilities located in floodplains; (6) To provide for thoi sound use and development of all areas in such a manner as to minimize future flood blight areas (7) To retain natural floodplains in a condition that mini- mizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems, and groundwater and surface water; (8) To minimize erosion and sedimentation problems and enhance water quality; and (9) To minimize future operational and maintenance expenses. • (c) Definitions. In addition to the words defined in this subsection, the words defined in the drainage manual shall apply to any word used in this section which is not otherwise defined. Access rimp means a route used to provide entry for vehicles and mach nary into a channel. • Aegess road means a route parallel to and at the top of the • 0 bank of a channel used to allow maintenance of channels from the top of the bank, @31lO flood means the flood having a one (1) percent chance of AAAMP 83 • • l f Agenda Nn.. REOLIEST FOR VARIANCE Agenda item. 1. Rates oale - As a condition to final plat approval, the City of Denton Engineering and Transportation Department staff requires dedication of a defined drainage easement in the Muenks Addition. This area generally includes an area known as the floodway area, as described and defined by the Federal Emergency Management Agency, (FEMA). The request for a variance from the dedication of a drainage easement is based on the following, A. The requirement exceeds arty reasonable benefit to the property owner e The proposed Muenks Addition does not call for any drainage improvements, and the development of the property, in and of itself does not cause the need for a public drainage improvements, nor easements on the property. e The city of Denton has maintained the existing channel in a free and open manner for a number of years, The proposed plat for the Muenks Addition, does not interfere with reasonable access to the channel for maintenance purposes. Therefore no new benefit is expected to the l property owner as a result of dedicating the drainage easement, B. The requirement is so excessive, It constitutes confiscation of the proposed lot #e5 In the Muenks Addition. e Lot #6 is a 1.369 acre treed tract which offers seclu,lon from Hinkle Drive and Haggard Lane. The lot is zoned SF-10 and Is so configured that the building site would be located in the rear of the lot, just north of the existing creek channel. The natural attributes of the creek channel at the property allows for a setting which can utilize the north and south side of the existing creek channel. • The requirement to dedicate a drainage easement, forces the property owner to forfeit a significant property right in lot N5 because use and enjoyment of the natural attributes contained on the property are jeopardized by any channel changes, or public drainage Improvements initiated by the city. • • l 1 v c, AOentla f n 5 ~ ; P&Z Minutes nofnda i In September 13, 1995 Page 6 - r V. Muenk Addition, Lots 1-5, Block A. The subject property is located on the southwest corner of Haggard Lane and Hinkle Road, and is in the Single Family 10 and Two-Family zoning districts. a. Consider a variance of the flood plain easement dedication requirement of Section 34 of the Code of Ordinances of the City of Denton. 3 Mr. Salmon Rick Muenks owner of the subject property has applied for a variance of Section 34.124 (g)(l) of our Subdivision Regulations concerning easement requiremi v,, for public drainage facilities. The cited section requires that all public dralnag~., facilities be placed in a drainage easement. In this case on Nir. Muenks' property there is an existing ) floodplain channel. Our ordinance also sta'.es ;het in tht w rent that you have a floodplain and floodway on your property that the floodway is to be dedicated as a drainage easement. 3 Mr, Muenks has based his variance on relationship to the development. This ; is an exaction valance and you will be making a recommendation to the City Council. You may make a positive recommendation on this valance if you believe that this variance meets the applicable criteria listed in our ordinance. Mainly that the requirement has no reasonable benefit to the property andlor it would be considered a confiscation of property. Staff is recommending that the valance be denied on the reasonable relationship for the following reasons: granting the drainage easement does not limit the property owner use t of the property any more than he would be by the fact that It is located in a designated floodway. The easement will allow the city to enter the property when necessary to before drainage functions and help to enforce floodplain regulations more easily. Staff does not feel that this would be a confiscation of the property because we don't feel that we are taking anything, The easement does serve the subject tract, almost all of the drainage that comes off of this tract does end up in this easement, so we feel that there Is a ilationship between this development and drainage exactions. Granting the easement provides for orderly development of the area. One of Mr. Muenk's concern is that If at some thae the { city did some improvements and the floodway was reduced he would still have a large drainage easement. The easement requested is only about ten to twelve feet wider than what would be needed if improvements were done. Mr. Muenk's channel looks very clean • for a natural channel and has apparently been maintained by someone. The point I would like to make is that without an easement the city does not have a right to maintain the channel and there is no guarantee that it will be maintained by the owner. We are members of the community rating system as well as being part of the national flood insurance, Because the City of Denton is more restrictive chain the federal government the f residents of Denton pay a reduced rate for flood insurance. We do a relatively good job • of maintaining our floodplain channels. We received close to three hundred points for i maintaining those floodways. If we drop below five hundred points then we drop to a level ten and would not have any discount. We are close to being a level eight which would give us a ten percent discount as opposed to five percent. Staff feels very strongly about t f • 0 Ao a f P&Z Minutes A September 13, 1995 Page 7 pale this variance and we feel that it is very important for the city to have the right to be able to maintain this channel, Mr. Cochran: What would he be able to do if we didn't grant the easement as opposed to granting the easement? Mr, Salmon: Not really anything that I can think of because it is in a floodway. He cannot put in any fill, solid fencing, buildings, anything that would obstruct drainage in that floodway area, The only additional thing that the city does get by having an easement is the right to go In and do maintenance work on an as needed basis, Mr, Cochran: Could he petition the city to get back the excess c isement? Mr. Salmon: He could possibly get ten to fifteen feet back if improvements were done, I believe that it would cost one hundred dollars now and we would bave to determine if there were any monetary values related to the easement. Ms. Russell: Is any of this on the CIP? I know that we have had people from Good Samaritan come an ask about doing something with the creek on their property, Mr. Salmon: This particular section is not, only the portion across the street at Good Samaritan has been considered. Mr. Cochran: Do we have an easement on Good Samaritan? i Mr. Salmon: No we do not have an easement on the main channel because it has never k been developed or platted. And that is pail of the problem and why we have the standing water. We really aren't able to go in there and do anything with it, Ms, Russell: Any other questions or comments? Would the petitioner or his representative can to speak? Mr. Brian Burke: My name is Brian Burke and I live at 1318 Auburn. Mr, Muenks purchased this land within the last year, It Is his understanding that the city tm at least been doing herbicide control within the creek, Mr, Muenks is concerned about the ; configuration of the property and how granting the ninety to hundred foot drainage s easement would affect his future use opportunities, Lot S has a sixteen foot frontage to • Haggard for access to Lhe lot, It has a pretty narrow building zone, This is a regulated • O floodway. Mr, Muenks Is interested in using as many options that he possibly can for the property and he Is not eager to grant an easement, He is willing to continue to let the city crows come on to the property to maintain the floodway, During conversations with me t r- O 0 . 0 o R ADefyfp~d~~~o P&Z Minutes Dsta~„` is September 13, 1995 Page 8 4 L' he indicated that he would be willing to provide a written document granting the city } permanent access. He just does not want to show the easement on the fAce of the plat. He is afraid that it is going to restrict his use of the property, He Is not trying to preclude the city from doing any maintenance, He further states that his activity is not creating the need for an easement. All of his property drains to Pecan Creek. He is concerned that it is going to restrict his recreational use of the property. Mr. Cochran; He plans to sell this property? Mr. Burke: His immediate plan is to build duplexes on the four lots facing Haggard Lane, He has talked about building a house for himself on Lot 5, Mr. Cochran: He is willing to let the city to maintain the floodway and enjoy those benefits without giving an easement. Mr, Burke: He is not going to Interfere with anything that the city is going to do, but he would prefer that It be left alone. Ms. Russell: I understood that you cannot build In a floodway and I have not ever heard conditions discussed that would bring property out of the floodway. Mr. Burke: Ploodways are reduced and enlarged about every seven years. There are a number of ways that they can change. One is simply because there might have been a mathematical error in an tarlier version of the flood Insurance study which could result in a narrowing or widening of the floodway in a certain area. Physical Improvements narrow floodways and channels rarrow floodways. Ms, Russell: The property to the west is vacant? Mr, Burke: No there is a house there. The city owns the property to the northwest of Haggard Lane. There can be a little bit mom development in this area, • Mr. Cochran: Does he view this as an amenity to his property? Mr. Burke: I think so. I know that he was Interested in being able to cross the creek, He has talked about swings, and gardens, and picnics, • Mr. Moreno: Where on Lot 5 will he build a house? • • Mr. Burke: It would be somewhere north of the floodway, He can build in the floodway fringe as long as he meets certain standards. • O 1 a~ • a= Hoar eja to ~ ~ P&Z Minutes Dad September 13, 1995 Page 9 Ms. Flemming: Has this been done by separate document? Mr. Salmon: It can be dedicated by separate document, It doesn't have to be shown on the plat and it can be done by separate document. It would have the same implications as being shown on the plat. We are concerned about having perpetual maintenance of thr floodway. We try to maintain natural floodplains in a condition that minimizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems, and groundwater and surface water. We want to keep our floodplains in a natural condition and having a wide enough easement is part of being able to do that. Mr. Muenks would probably not have to worry about the city coming in and doing some kind of concrete channel because that is really not where we are at. Even if he dedicates the easement be can still use it for recreational uses. That is still his property, be still owes it even though them is an easement there. Mr. Cochran: One of the major problems that we have Is vegetation that grows in the floodplain and aren't there other ways of dealing with this? Mr. Salmon: There are legal remedies to problems In this area. In order to exercise those you have to go through the normal legal process that you would for any ordinance. You send a letter and if they don't comply then you issue a citation. At that point it might go to court, Mr. Cochran: The only time that we might loose points is when we have a problem or is it because we do not have control? Mr. Salmon That is sort of a secondary effect. The city feels that the easement is necessary so that we can insure that there is proper mowing. Without that we cannot promise that there would be proper mowing. Mr. Cochran: The city maintains it as this point, Is that correct? • Mr. Salmon: Yes, that box culvert is In the right-of-way easement of Hinkle Drive, Ms. Schertz: If we were to grant the drainage easement tonight, Is it right that the applicant can come and request the easement to be reduced? Mr. Salmon; Yes, he could come to the city at any time and request an abandonment of • the easement or a portion of the easement. If the floodway were the same as it is now then • • the city staff' would probably recommend against doing away with pare of the easement, but if we had a new floodplain map and for some reason the floodway was a little bit smaller and we didn't need as much easement then we would probably recommend to abandon part e c, 0 _ .t P&Z Minutes - September 13, 1995 EAgtnda a tlo. ! Page 10 Item of the easement, y Ms. Schertz: Then In the worst case if the applicant doesn't grant an easement and for some reason he cannot take care of the floodway then what right does the city have to go in and take care of the drainage problem. Mr. Salmon: Legally the city has no right to enter the property without permission from the owner, Mr. Powell: Does the easement allow construction? } r Mr, Salmon: A general drainage easement does allow the governing body to perform drainage functions whether that be maintenance or construction, Mr. Powell: So we are saying that the city could go in there and channelize that at some point In time? Mr. Salmon: Yes, that is something that could legally happen if It was granted as a drainage easement. Mr. Powell: Why are we requesting a drainage easement instead of a maintenance i easement? Mr. Salmon: F+asements can be written to limit the type of activity that happens inside of the easement. Obviously a general drainage easement does give the city more leeway to do what needs to be done for the general public. An easement can be written to only allow maintenance activities for a natural channel, Wi; add conditions to easements all of the time when we get them for the projects that we build ourselves, Ms. Russell: If we decided to grant an easement and at some point we decided to channelize it, how are they notified about what is going to take place? M Mr. Salmon: We do not have a written policy on how we handle it but In the past when we have designed a public improvement we have always Invited people in to see what we are proposing and to look at the preliminary plans. We do this early enough to get input from them so that if we need to change the plans then we can. Often times during construction things come up and people decide that they have a problem with what is ' A proposed. We have a pretty good record of rectifying those types of problems, Mr. Drake: You might also want to mention that any kind of concrete channelization would probably go through the C1P process so you would have all of that lag time. • 0 Agenda 110.E P&Z Minutes Agenda It* i - September 13, 1995 pale Page II Mr. Salmon: Yes, a project like that would certainly go through the capital improvements process and be years in the making. The other thing is that our current practice in doing cost estimates for CIP projects, especially drainage, we do all of the cost estimates now based on alternate materials such as gabions, grass-crete. The city really does not have any Intentions of putting in solid concrete channels at this point. They would be something more aesthetic, Ms. Russell: We have talked a little bit in the past about a maintenance easement, where are we on that? Mr, Drake: I think that if the criteria were made for the exaction variance then that might be a possibility. Ms. Schertz; What I am thinking about is whether the city trusts the citizens, or do the citizens trust the city. I think that the citizens have to trust the city and that the city is looking at the overall picture. I have listened to all of the people that have come forward with drainage problems and things that were not planned and not anticipated. I am comfortable in trusting the city that they would not disrupt the property unless it was absolutely necessary. Mr. Jerry Yensan: My name is Jerry Yensan and I am with Landmark Surveyors and we prepared the plat. 1 have had some conversations with Rick Muenks and first of all I would like to clarify that I don't think that Brian meant to convey in his comments that Rick is suggesting an easement by separate document. He was suggesting a letter stating that be would allow maintenance. I think that the point that Ellen raised is very true but administrations change, t he does an easement and later tries to reduce it he will have to pay for land that he already owns. Mr. Jones: I have a problem with denial of this variance. We have the means available to us to be able to regulate that floodway as floodplain managers, Yes It may be more difficult for us and if we had to go through that one time there is nothing, I would guess, • for us to get a permanent injunction or something to that effect that would allow us onto that property. According to this criteria do these regulations exceed any reasonable benefit to the property owner or I don't see any benefit to the landowner by granting this easement. Why do we need this and if we can get to It from Hinkle then why do we need this applicant to grant an easement this wide? • Mr, Powell: Why do we ask for this which to me is a taking and we don't pay anything , • • l for this right? This bothers me and has since I have been up here, Ms. Flemming: If the city abandons an easement then what happens to It? • c> • , 111f~ r) M St J P&Z Minutes LACu~% September l3, 1995 Bern Page 12 Mr, Drake: It reverts back to the property owner, but if there Is any value to the easement then that is calculated according to the Code of Ordinances. Ms. Russell: As I understand the term of casement I still retain ownership am it is just r' a right of access to maintain something. I see it as a benefit to the owner if the city can come onto the property to maintain the drainage easement. If we had to do things by t injunctions and attorneys you are talking about a lot of money and it is my tax money, when all we have to do Is allow access to take care of something. He stilt has his property, it is not taken from him, Mr. Drake; An easement grants limited service rights for the limited purposes of the t easement, A floodway easement grains to the city limited surface rights to the land for the purpose of maintaining the land as a floodway. It is for that specific purpose, it is also possible for the floodways to become wider and the easement would not widen. Mr. Salmon: By "we" we are talking about the taxpayers of the city and the taxpayers expect the city to handle the drainage problems. Ms. Schertz; Is it common practice that when there is a floodway going through your property and you want to develop it that you have to come before tl:e city? Is it fairly standard practice then for the city to ask for an drainage easement? Mr. Salmon: It is an ordinance requirement. Anyone who comes in here to plat property with a floodway will be required to dedicate an easement for the floodway. Mr. Muenks was told in March of this year when he came in for a predesign conference that a drainage easement would be required, Ms. Russell: Any other questions? Mr. Cochran: After rereading the reasons for the dmirwge requirements and design standards for the city these seem like pretty compelling reasons not to grant a variance, • When looking at the overall picture and some of the problems that exist because of the poor control of our drainage and giving up control and failing to respond in a timely and appropriate manner , I would move that we deny the request for a variance from the drainage easement requirement for the Muenks Addition, Mr. Moreno: I'll second, e. . Ms, Russell Any further discussion? Al! in favor of the motion pleaAe raise your tight J hand. Opposed same sign. Variance denied. (5.2) Mr. Powell and Mr. Jones opposed, i . c, 0 DENTON ~oNoou 00 oo°~ 41 oo°~ ~~o o ~ o ~ o 0 o q 4 V 000~~ cQp 0000 o N , ~ ~ QQo °aaaooaooo°o CITY COUNCIL ra • Aplndo No. Ap nds item DO$ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1715 ALL HERD CONTRACTING $ 25,797.50 SECTION Ir. That by the acceptance and approval of the above numbered items of the submitted bide, 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 III. 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. • • Low SECTION IV. 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 V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY$ _ APPROVED AS TO LEGAL FORMi HERBERT L. PROUTY, CITY ATTORNEY BYs • • i , , 4 . 1 y 1 } r i~rTW 1!p ~,U~~~Ji~t~ ~.t ~ .fi"' • w A~d+ No. ApeOA41 0 CITY COUNCIL REPO Om'^~ TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: BID 4 1715 -[MOWING AND TRASH REMOVAL RECOMMENDATION: We recommend this bid be approved in the amount of 25,797.50 to Herd Contracting, SUMMARY: This bid is for the annual contract for lot mowing and trash removal as required by the Code Enforcement Division. BACKGROUND: Bid 01715 was actually opened and awarded in April, 1995. Based upon historical data the contract was estimated to not exceed $13,500.00 and, therefore not presented to Council for formal action. Due to increased demand for mowing services this past summer, the actual expenditure will exceed the #15, 000, 00 limit, therefore, requiring Council action, A new bid solicitation is being prepe - A to cover cost of further mowing projects. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Code Enforcement Division FISCAL IMPACT: Funds for this contract are to be taken from 1994-95 budget fund, Account #100-050-0014-8533. Respectfully submitted: Lloyd V. Harrell City Manager Approved: Name: Tom D, Shaw, C,P.M, • Title: Purchasing Agent 6N.AVENOJ, r i • 1 • AOn,a+ Item Oq~ G'I!'Y of DENTONp TEXAS MUNICIPAL BULL DING # 215 E. MCKINNEY • DENTON, TEXAS 76201 (817) 566-8200 DFW METRO 4342528 February 10, 1995 TO: Tom Shaw Purchasing Department RE; 0 INCA AND TRASH AND DEBRIS CONTRACT Per your request, we have accept the bid proposal for mowing and trash and debris from Herd's Contracting. Herd's Contracting was chosen because his excellent references and our inability to contact the lowest bidder. our concern of response time from New Era Contract Services and being unable to contact the lowest bidder for references shows some lack of professionalism on their part. Robbie Baughman Assistant Building official j 7 M, "Ucdiculcd fo ¢uuIlry Srn~icc" sta • Agenda No. . Agenda Item Orel CITY OI DENTON, TEXAS MUNICIPAL SUIL DING + 215 E MCKINNEY • DEN TON, TEXAS 76201 (617) 566.6200 1 DFW METRO 434.2629 02-10-951)01:34 RCVD February 10, 1995 To: Tom Shaw Purchasing Dept, Re; MOWING AND TRASH AND DEBRIS CONTRACT Per your request, we have accepted the bid proposal for mowing and trash and debris from Herd's Contracting. Jackie Doyle Building Official • 1 "Dedicated to Quality S'emice" rr ~Vj e c, e } DENTON ° ow.l 4104 pooti . 0 00 o CZ) 0 0 OOOF~ app OO~Q T ° N . ~ ~ ~~OO °QOaa°oooo°`' CITY COUNCIL 0 0 • f Agenda No. Agenda Ilem , .-IJ f' Slate k' 3 ' ORDINANCE NO. i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPKENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQ`3.T!2:.,14ENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes t,n procure one or more of the items mentioned in the above paragrap(i; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 60198 ADVANCED CONTROL SYSTEMS $56,899.00 • SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all re.4iirements specified by the Purchasing Department. • SECTION 111. That the City Manager is hereby authorized to • • execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 49 Q t .•r s r Agenda No.. Agenda Item Data SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1995. BOB CASTLEBERRY, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY BYI APPROVED LS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY, t a f 1 y • ♦ i ,.i411 4`ir~ i~ ~l af~-fd fi4j~t ~\5.v..{y~#> 5, iti f x, a +r. , APOS NO, Ap sWA him ~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #60198 TO ADVANCED CONTROL SYSTEMS RECOMMENDATION: We recommend purchase order #160198 be approved in the amount of $56,899.00 to Advanced Control Systems. SUMMARY: This purchase order Is a sole source acquisition of high tech electronic data processing and communications equipment to be utilized with our existing SCADA System. This system utilizes a protected, proprietary protocol not available from any other source. The listed equipment is intended to upgrade our Airport Substation on Jim Christal Road. The Improvements are designed to offer Peterbilt, Victor Equipment, Tetra Pak and others a constant, reliable soured of electrical power. BACKGROUND: Purchase Order #60198 to Advanced Control Systems. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Utility - Substations Division, largo industrial users of Airport Substation. FISCAL IMPACT: This project is an Electric Utility Capital Improvement Project, Number 96-1032-07. Funds are available in the following budget accounts: 610-133-1033-3910-9103-CASRUOIA 5,800.00 610-132-1032-3970-9217-CASRUOIA 51,399.00 56,899.00 i 1tesp tPully submitted: v. Lloyd Harrell City Manager Approved: 0 Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6/5.AOE"A ,t , J • • • IV. 11 ~i PURCHAS% ORDER NO: 60198 THIS IS A This number must appear on all CONFIRMING ORDER Lxxx - t invoices, delivery slips, cases, (IF MARKED) ' ctns„ boxes, , packing slips and bills. DO NOT DUPLICATE Dato: 10 10 95 Page No. 01 Req. No: Bid No, D PURCHASING DIVISION Y s0 OF DTEXAS EIVTONf / o~xtA,,TEXAS 76201-4354 817/383-7100 D1FW METRO 8171267-0042 FAX 817/383-7302 VENDOR ADVANCED CONTROL SYSTEM NAME/ P 0 BOX 922548 DELIVERY CONFIRMATION ONLY C22 ADDRESS 2755 NORTHWOOD PKWY ADDRESS ELECTRIC SUBSTATION NORCROSS OA 30092-8346 901 A TEXAS ST DENTON, TEXAS 76201 VENDOR NO. ADV49000 DELIVERY QUOTED 01 20 96 FOB DESTINATION BUYER TS TERMS AI~T TY _ UNIT I T 1 UNE Miff 001 1.00 EA VENDOR CAT. # N / A MFG NAME 5,500.000 5,500.00 CITY # 91528 1/2 OF $11,000 COST FOR HP 9000 WORKSTATION 712/60 32 MB 16B HARDDISK, 20" MONITOR 3 1/2" FLOPPY, ETHERNET ADA TE 002 1,00 EA VENDOR CAT. # N / A MFG NAME 5,500,000 51500.00 CITY # 91528 REMAINDER OF ABOVE I 003 1.00 EA VENDOR CAT. # N / A MFG NAME 2,465.000 2,465.00 j CITY # 91528 i • MPR-7075C RTV 8 STATUS 8 ANAL004 CONTROL 004 1,00 EA VENDOR CAT. # N / A MFG NAME 38,634.000 4.00 1 CITY N 91528 BOAC OPERATING SYSTEM PER QUOTE P GE TOTAL 1 5 9 00 • . UNIN OILR'wIN .pnli,d Ti0N5 3. Terms _ Net 30 VENOM INWJ 1, Send original invoice wirh duplicate copy. ! 4. Sluppinp instructions: F.O.B. Oeslinalion prepaid luam.r, .inn»n..n.ol'.0 2. Bill to - Accounts Payable 5. No federal or sislo 11111111 UK sMll be lneiuded 715 F. McKinney S4 in prices billed, urc ing genion, IX 76201-4299 PURCHASING c 4 I I r r . • PURCHASE ORDER NO: 60198 THIS IS A XXX This mimber must appear on all CONFIRMING ORDER invoices, delivery slips, cases, (IF MARKED) ctns., boxes, pocking slips and bills DO NOT DUPLICATE r Req. No: Bid Na: D Oats: 30 10 95 Page No. 02 i PURCHASING DIVISION CITY/ 1 9 TEXXANT~Nf / DEENTONNSEXAS 16201-4384 8171303-7$00 D/FVV METRO 8171267-0042 FAX 817/383-7302 - VENDOR ADVANCED CONTROL SYSTEM 4 NAME/ P 0 BOX 922548 DELIVERY CONFIRMATION ONLY C22 ADDRESS 2755 NORTHWOOD PKWY ADDRESS ELECTRIC SUBSTATION NORCROSS GA 30092-0346 901 A TEXAS ST DENTON, TEXAS 76201 VENDOR NO, ADV49000 DELIVERY DUOTED 01 20 96 FD8 DESTINATION BUYER TS TERMS LINE ikJ ITV I: :'1 005 1.00 EA VENDOR CAT. N N / A MFG NAME 4,800.000 41800.00 CITY k 25018 UPGRADE MPR3010 RTU TO ACCEPTDNP3.0 PROTOCOL i i P OE TOTAL s 4, 0 GR ND TOTAL s 39;'00 • 01 610 133 1033 3910 9103 CASRU01A CASRU01A 5,600.00 02 610 132 1032 3970 9235 CASRU01A CASJtU01.A 51,399.00 ANON INSTRUCTIONS 3. terms Net 90 funnn .N.,.... q.ac.a1 1. Send original invbitt with dul l,un copy.. 1 4. Shipping Instructions: F.06. Deslinalion prepaid Woo erh.r.:,, wai4v.t 2. BIII to Accounts Pryable 1 5. No lederal or slate sales lax shall be included 216 E. McKlnney SL In prices billed. ur"Irg ivison Denw , 371 re21;4709 PURCHASING tr r 0 a DENTON ~VgoOopppQQ OQ~~~ ~'o OO c~ a d a lA o 0 ca o d ~ o° O o0O ~ ~ ~ ODp OO~O r n N , ~ ti Opp °QOaooaooo°° CITY COUNCIL • • Diu t O --l DATE: 10-06.95 T MY COUNCIL REPORT FORMA TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Consider adoption of an ordinance authorizing the City Manager to sign contracts between the City of Denton and Denton City-County Nursery; Denton County Friends of the Family; and Fred Moore Day Nursery. REC OMMENDATION@ Approve ordinances authorizing the City Manager to sign contracts between the City of Denton and • Denton City-County Nursery, • Denton County Friends of the Family, and • Fred Moore Day Nursery, SUMMARY: The approved General Fund budget specified the use of I 1 • $21,000 by the Denton City-County Day Nursery to provide child-care to low income families, • $36,000 by Denton County Friends of the Family to provide services for families experiencing domestic violence, and • $35,000 by Fred Moore Day Nursery to provide child-care to low income families. BACKGROUND: During the spring funding hearings, the Human Services Committee received ! requests from human services organizations. The Human Services Committee recommended funding in the amount of $155,100 as their 1995.1996 Human Services Budget. On September 12, 1995, City Cowicil approved that budget. t f tr , • 13 1 f Apr* NO AWWA uam Deft PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Program Beneficiaries Human Services Organizations Human Services CommMee Community Development FISCAL IMPACT: The 1995.1996 Budget includes the Human Services budget allocation. Respectfully submitted. Lloyd V, Harrell, City Manager Prepared by: Derrick Collins, Human Services Coordinator Approved: Prank Robbins, AICP Director for Planning and Development • \ i tt1 i tt rr l~}~• , SY ~ • l '3 jit ' a 1 , : ~ W 0 AACClWEVz :rI, r 11 t , . Agenda tJa - ~ Agenda Ilem , 0ile - ORDINANCE NO. AN ORDINANCE APPROVING AGREEMENTS BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER, DENTON CITY-COUNTY DAY NURSERY, AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS) APPROVING THE EXPENDITURE OF FU2JJS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funde to the following contractors: Fred Moore Child Care Center, Denton City- County Day Nursery, and Denton County Friends of the Family, (collectively referred to herein as "CONTRACTORS") in consideration of the valuable public services to be furnished by CONTRACTORS to the City of Denton in accordance with the AGREEMENTS described herein below; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEQj,ION I. That the City Council hereby approves the following agreements attached hereto and incorporated herein by reference, between the city of Denton and CONTRACTORS: 1995-1996 Agreement Between The City of Denton, Texas And Fred Moore Child Care Center, 1995-1996 Agreement Between The City of Denton, Texas And Denton City-County Day Nursery, and 1995-1996 Agreement Between The City of Denton, Texas and Denton County Friends Of The Family (herein collectively referred to as "AGREEMENTS") SS&CTION IT_ That the City Council hereby authorizes the Mayor to execute said AGREEMENTS. SECTION III._ That the City Cnuncil authorizes the expenditure of funds In the manner and amounts as specified in the AGREEMENTS. SECT N __IV.- That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1995. BOB CASTLEBERR'_', MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY O BY: - l APPROVED AS TO LEGAL FORMr 118RbERT L. PROUTY, CITY ATTORNEY BY: 'l O ry a; • • karr,te fJp. _ 1995 - 1996 AORZXNX T BETWICKM 1.r CITY OF DSNTON, TtiEAB AND DZNTON COUNTY FRIENDS OF TS! FAMILY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends of the Family, a non-profit corporation, P. 0. Box 623, Denton, Texas 76202, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Committee {HSC} has reviewers the services of Organization and has determined that Organization par- forms an important service for the residents of Denton without ro- gard to race, religion, color, age: or national origin, and HSC recommends funding Organization; and WHEREAS, City has determined that organization merits assis- tance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as followsr 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used; A. Provide emergency residential shelter to women and their children, who are victims of domestic violence. B. Provide counseling, on both a residential and nonresidential basis, to family members, to assist them in dealing with the emo- tional and physical trauma of domestic violence, C. Provide counseling services to victims of rape and their • families. D. Provide community education services concerning rape and domestic violence. V. Organization shall perform those services described in the work statement herein attached as Exhibit A. II . OBGIOATIONS _OF_ ORGANIZATION i In consideration of the receipt of funds from City, organiza- tion agrees to the following terms and conditions; 1 ~ ll+r • , Agenda No, k Agenda Item . DIN A. Thirty-six Thousand Dollars ($36,000,00) may be paid to organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein, Organization shall not utilize these funds for any other purpose. A. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program, C. It will permit authorized officials of City to review its books at any time. D, It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, Organization may be required to j refund the balance of the special account to City at the end of Organization's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction, H. it will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors, J. It will submit to City copies of year-end audited financial statements. III, TIME OF PERFORMANCE A The services funded by city shall be undertaken by organization within the following time frame: October 1, 1995 through September 30, 1996. I PAGE 2 t 1 V~ A f ~1 Apenda No. AVenda Item._„_ Me V. FAYMENTS f 1 A. PAYMENTS TO ORGANIZATION. City shall pay to Organization a _ maximum amount of money not to exceed Thirty-six Thousand Dollars ($36,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. organization's failure to request reimbursement on a timely basis, may jeopardize present or flture funding. t B. Excess PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines; 1) has resulted in overpayment to Organization; or ) 2) has not been spent strictly in accordance with the terms p of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one month period, Organization will not request more than one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. D. DEosniGATION OF FuNos. In the event that actual expenditures deviate from organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. E. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working dayi following the close of the contract period, organiza- tion shall utilize the form agreed upon by City and Organization. • V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously moni- tored. Organization agrees to make available its financial records for review by City at city's discretion. In addition, Organization i` agrees to provide city the following data and reports, or copies • thereof: ~ • • A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. I PAGE 3 Q 0 • F a, • Agenda No.. Apenda Item _ Date - - 'a B. All external or internal evaluation reports, k C. Quarterly performance reports to be submitted in January, April, Jul;' and September, to include the following dat. , 1. Shelter services; a. Total number of clients served. b. Number of shelter days. c. Number of client counseling hours, 2. Hotline crisis line; a. Total number of calls, b. Number of family violence calls. c. Number of batterer calls. d. Number of sexual assault calls. 3. Outreach services: a. Number of family violence calls. C b. Number of sexual assault victims served. c. Number of batterers served. d. Number of total clients counseling hours, e. Number of homemaker's clients served and number of hours served, f. Number of adult parenting clients served. g. Number of total parenting hours. 4. Number of volunteers. 5. Number of volunteer hours. 6. Race and/or ethnicity of clients, D. Organization agrees to submit quarterly financial statements in January, April, Duly, and September. Each statement shall include current and year.-to-date period accounting of al.l revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. • VI. DIRECTORS' MEETINGS During the term of this Agreement, organization shall deliver to city copies of all notices of meetings of its Board of Direc- tors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give e.dequate notice, and shall include an agonda and a brief description of the matters Ca to be discussed. organization understands and agrees that City's ' • representatives shall be afforded access to all meetings of its Board of Directors. , Minutes of all meetings of organization's governing body shall be available to City within ten (20) working days of approval, PAGE 4 0 cti o Agenda No. - Agenda Rem - Dale.-_~_ - VII. S~SPEN5 N T ERMINAT In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement, B. Organization shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations, D. In the event of organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City, IX, WARRANTIES ORGANIZATION represents and warrants that: I A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, • since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by city and furnished to City, are complete, accurate and fairly 4 reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period • covered by the report, and that since said data, there has been no • • material change, adverse or otherwise, in the financial condition of organization. 't C. No litigation or legal proceedings are presently pending a or threatened against Organization. PAGE 5 • • ~penda llem ka~~ D. None of the provisions herein contravenes or is in conflict with the authority under which organization is doing business or with the provisions of any existing indenture or agreement of organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, anA has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by organization to City, Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X.IpNGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-iteme within budget categories set forth in Exhibit B without prior written approval of the Community Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C, Organization will submit revised budget and program information, whenever the level of funding for organization or the • program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this • Agreement without written amendment hereto, and shall become a part of the Agreement on the er ective date specified by the law or • • regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an PAGE 6 Q 0 • ra • Agenda No. Agenda Item Dale increase or decrease in the amount of Organization's compensation, Such changes shall be incorporated in a written amendment hereto, t.` as provided in Subsection A of this Section, 1 i F, Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit E shall require the prior a' written approval of City. G. Organization agrees to notify City of any proposed change } in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change, H. Organization shall notify City of any changes in personnel or governing board composition, I, It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. X1. INDR(jII'I CATION A. It is expressly understood and agreed by both parties hereto that City is contracting with organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expanses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits causes of action demands, damages, losses, attorney fees, expenses, and liability 'a arising out of the use of these contracted funds and program 1 administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. • XII. CONFLICM_QF INTEREST [ A. organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ® Organization further covenants that in the performance of this;' 11 • Agreement, no person having such interest shall be employed or appointed as a member of its governing body. t PAGE 7 • a • • S , Agenda No. Agenda Item i r pate B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall e, possess ,e,, Merest in or use his/her position for a purpose that is or g,v_~ ; appearance of being motivated by desire for private gain fc - !'r 'f/herself, or othersi particularly those with which he/she a. .amily, business, or other ties. C. No officer, member, or employee of city and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interestj or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof, XIII. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is cur- rently employed by organization, or is a member of organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XIV, NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposi- ted in the United States mail, postage prepaid, registered or cer tified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses CITY ORGANIZATION City of Denton, Texas Director • Attn,City Manager Friends of the Family 215 E. McKinney P. 0. Box 623 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. • XV. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising PAGE 8 0 ' 'y Agenda No, Agenda Item Date thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City, B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved, No representative or agent of City may waive the effect of this provision. D. This Agreement, tog ther with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the day of 1995, CITY OF DENTON, TEXAS '.1 BYt BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • ~ A A BY; Y PAGE 9 , 1 ii n f } r fi . U A 0 yy~ AGendp Mam` APPROVED AS TO LEGAL FORM; HERBERT PROUTY, CITY ATTORNEY BY: DENTON COUNTY FRIENDS OF THE FAMILY BY: DIRECTOR ATTEST: BYt SECRETARY 1•cp,\to(95 O -mss l vZr bbF~,n7 t'~\~I ,SFilr'p~{~~~~`' ~rF % • • ;n AWnda Np, Agenda fiem Dare EXHIBIT "A" WORK STATEMENT DENTOON COUNTY FRIENDS OF THE FAMILY Denton County Friends of the Family, Inc, Provides a full realm of services to victims of family violence and sexual assault, The services provided free of charge to victims include a 24-hour, 7 day a week hotline, an emergency shelter for women and their children who are in danger due to family violence, children's programs in the shelter and outreach offim, individual program and group counseling for victims, a sexual assault recovery program which includes rape crisis intervention 24-hours a day, accompaniment and advocacy throughout the legal system, homemaker services for referred CPS cases, and parenting education. In addition to the above services provided for victims, individual and group therapy is provided for family violence offenders based on a sliding fee scale, i i I ♦ ^a i t' t y 0 , r , , 7is ~ ,;3tl ki,~Y `f3Ai~j/~;AS 1 1 I s 1 } 1 ~ . Apeadd No. j ~Oe+!da Ilam E EXHIBIT "B" Dee DENTON COUNTY FRIENDS OF THE FAMILY GENERAL FUND BUDGET City of Denton Funding $ 36,000.00 Monthly Request $ 3,000.00 r Monthly Expenses Director of Family Violence $ 416.67 Director of Sexual Assault $ 333.33 Director of Battering Interruption $ I,o00.00 Director of Children and Adolescent Services $ 833.33 Director of Family Services $ 416.67 Total $ 31000.00 j l • s.` t J. ii r r Ai r. • • t? ::i4'i! Gill Dale 1995 - 1996 AGREXWIT BETWEEN THE CITY OF DENTON, TEXAS AND FREU MOORS CHILI? CARE CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal corporation, hereinafter referred to as "City", and the Fred Moore Child Care Center, a non- profit corporation, 821 Cross Timber, Denton, Texas 76201, hereinafter referred to as "Organization" WHEREAS, City's Human services committee (HSC) has reviewed the services of organization and has determined that Organization per- forms an important service for the residents of Denton without re- gard to race, religion, color, age or national origin, and HSC recommends funding Organizations and WHEREAS, City has determined that Organization merits assis- tance and has provided for Thirty-Five Thousand Dollars in its budgets NOW, THEREFORE, the parties hereto mutually agree as follows; 1, SCOPE OF SERVICES organization shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves, C, organization shall perform those services described in the work statement herein attached as Exhibit A, II. OBLIGATIONS -QF-ORGANIZATION • in consideration of the receipt of °unds from City, organiza- tion agrees to the following terms and conditions: A. Thirty-five Thousand Dollars ($35,000.00) may be paid to organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, • attached hereto as Exhibit B and incorporated herein by reference, ` • for those expenses .listed In the scope of services as provided herein. Organization shall not utilize these funds for any other purpose, w ! 1 Agenda No. Attend: Item DAN B. It will establish, operate, and maintain an account system for this program that wi?.1 allow for a tracing of funds and a t review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, organization may be required to refund the balance of the special account to City at the end of organization's fiscal year. a. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. H, it will appoint a representative who will be available to meet with City's Executive Director of Finance and other Ciey officials when requested. 1. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of organization, its employees, and/or contractors, and save and hold City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever, resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of organization. J. It will submit to city copies of year-end audited financial ! statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken by organization within the following time frame: d October 1, 1995 through September 30, 1996. A ! J PAGE 2 . 1 • Agenda Hem M IV. PAYMENT A. Payments to Organization. City shall pay to Organization an amount, of money not to exceed Thirty-five Thousand Dollars ($35,000.00) for services rendereo under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty gays after City has received supporting documentation. organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organizationj or 2) has not been spent strictly in accordance with the terms of this Agreements or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one mc-nth period, organization will not request more than one-fifth (1/5) of the total budget as specified in Exhibit B. D, Deobligation of. Funds. In the event that actual expendi- tures deviate from organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reapptopriate or recapture any such under- expended funds. i i F'. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting i reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. organiza- tion shall utilize the form agreed upon by city and organization. • V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the servi:~es can be continuously moni- tored. Organization agrees to make available its financial recordv for review by City at city's discretion. In addition, Organizatik. • agrees to provide City the following data and reports, or copies • • thereof: A. All external or internal audits. organization shall submit a copy of the annual independent audit to City within ten (10) da},s of receipt. { PAGE 3 0 a, 0 Ij Agenda ,lgenda IIIm - 010 B. All external or internal evaluation reports. 'h C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. VI. pIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to city copies of all notices of meetings of its Board of Direc- tors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of. organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION City may suspend or terminate this Agreement and payments to organization, in whole or part, for cause. Cause shall include but not be limited to the following: A. Organization's improper or inept use of funds, 0 B. Organization's failure to comply with the terms and conditions of this agreement, C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, D. Appointment of a trustee, receiver of liquidator for all or 0 a substantial part of. Organization's property, or institution of. 0 0 bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against Organization, or E. City determines that the carrying out of this Agreement is impossible or infeasible. PAGE 4 ♦ 0 rrrr • ra • i Agenda ;lo. Apenda Item Date t. u,. In case of suspension, city shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNTTY A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. Organization will furniuh all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, i terminated, or suspended in whole or in part, and organization may be barrecj from further contracts with City. IX. WARRANTIF ORGANIZATION represents and warrants that; A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any s.gnificant cnange withour,, • written notice to City. B. Any supporting financial statements heretofore requested by city and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no • m-.aerial change, adverse or otherwise, in the financial condition • r.)f Organization. C. No licigatien or legal proceedings are presently pending or threatened against organization. z PADS 5 . • • AOenda Na, Agenda )tam Date D, None of the provisions herein contravenes or is in Y~ conflict with th^ authority under which Organization is doing business or with the provisions of any existing indenture or f; agreement of organization. E. organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished ' by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to lave been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of city under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program information, whenever the level of funding for organization or the • program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. m D. It is understood and agreed by the parties hereto that changes in the Sr,ate, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this • Agreement without written amendment hereto, and shall become a part • of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an PACE 6 • O , • a~ • y } r Agenda No, ~Penda him t increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section, F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of city. G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. organization shall notify City of any changes in personnel or governing board composition. I. it is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted, XI. INDMWIFICATI4N A. It in expressly understood and agreed by both parties hereto that City is contracting with organization as an independent contractor and that as such, organisation shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of organization, B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suite, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or cmisaion of City, its agents or employees, • XII. CONFLICT OF INTEREST A. Organization covenants that neither it nor any momber of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. • Organization further covenants that in the performance of this • Agreement, nc person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its s governing body or its staff, subcontractors or employees shall a PAGE 7 i AOW& No ~pe0di f10m , OtM '4 f possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself /herself, or othersl particularly those with which he/she has family, business, or other ties, C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect Interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XIII, NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is cur- rently employed by organization, or is a member of organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XIV. NOTICE Any notice or other written instrument required or petwitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposi- ted in the United States nail, postage prepaid, registered or cer j tified, return receipt requested, addressed to organization o; City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Director Attn:City Manager Fred Moore Child Ca::e Center 215 E. McKinney P. 0. Box Drawer N • Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XV. MIX9LLANEOUS r* A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of city, PAOS 0 a • r ~r B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or az.y other act or failure of city to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by city of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of city may waive the effect of this provision, D. This Agreement, together with referenced exhibits and attachments, constitutes t::e entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement, IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into chic Agreement as of the day of 1995, CITY OF DENTON, TEXAS BY: _ t BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r PA08 9 t r An* AW* 4M APPROVED AS TO LEGAL FORMi HERBERT PROUTY, CITY ATTORNEY BY: LA ~QAj , Y 4 f ~j FRED MOORE CHILE' CARE CENTER BY: DIRECTOR ATTESTo BYt SECRETARY J • PAGE 10 AWds No. Ap f& tuts EXMIT "A" Due WORK STATEMENT FRED MOORE DAY NURSERY SCHOOL The Fred Moore Day Nursery School is a non-profit ctdld care center which provides child care on a sliding scaly Children six weeks through five years of age are eligible for the program Ninety percent of the children are from low income families, The parents must be working to be eligible to enroll their child. The purpose of the center is to provide a safe, healthy environment that will meet the development needs of the child, Activities are designed for each age group to meet the individual and group needs. The curriculum includes creative arts, motor skills, speech development, music as well as personal hygiene and manners, The center provides brealdkm, lunch, and an afternoon snack for each child. All meals meet the USDA food requirements for children in child cane. • s,} ~,~,1 • a~ • , 1,. AO~~ I1M~ Qitl EXHIBIT "B" FRED MOORE DAY NURSERY SCHOOL, INC GENERAL FUND BUDGET City of Denton Funding $ 350000,00 Monthly Request $ 20916,66 Monthly +xiensrs Teacher $ 928.00 Teacher $ 8%,00 Teacher $ 880,00 Teacher $ 400.00 Total 1,104.00 • ' • • e~ a I. Agenda item.--^ Dale. 1995 - 1996 AORBRKZN'1' H8MZX THE CITY OF DENTON, T87US AND DENTON CITY-COUNTY DAY NFRSIRY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton City-County Day Nursery, a non-profit corporation, 1603 Paisley, Denton, Texas 76201, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Committee (HSC) has reviewed the services of organization and has determined that Organization per- forms an important service for the residents of Denton without re- gard to race, religion, color, age or national origin, and HSC recommends funding organization; and WHEREAS, City has determined that Organization merits assis- tance and has provided for Twenty-One Thousand Dollars in its budget; .NOW, THEREFORE, the parties hereto mutually agree as follows; I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks: A. Provide low cost day care to low income families where parent(s) work and/or attend school or actively seek employment. B. Provide two nutritional meals, breakfast and lunch, for the children it serves, c, organization shall perform those services described in the Work Statement herein attached as Exhibit A. ~ ' II. OBLIGATIONS OF ORGANIZATION i In consideration of the receipt of funds from city, Organiza- tion agrees to the following terms and conditiono: A. Twenty-one Thousand Dollars ($21,000.00) may hr paid to organization by City, and the only expenditures reimbursed from these funds, shall be thos^ in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. • ca n AOtnda Na Aptnda uem - - +y B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a } review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this r Agreement. i F. At the discretion of city, organization may be required to refund the balance of the special account to City at the end of Organization's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill) any errors or discrepancies in bills shall be promptly reported to City's Exeeuti,ve Director of Finance, or her authorized representative, for further direction. H. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. 5 I. It will indemnify and hold harmless city from any and all r claims and suits arising out of the activities of organization, its employees, and/or contractors, and save and hold City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of s any character whatsoever, resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of Orgai:ization. i • J. It will submit to Ci*.y copies of year-end audited financial statements. III. TIC OF PERFORNfAHCE The services funded by City shall be undertaken by organization wit`sin the following time frame: t • s October 1, 1945 through September 30, 1996. ? • 0 E y PAGE 2 • Q • r Apenla 110. 1kol", Ilam { Cue I V . PAYMENTS t_ F )k A. Payments to Organization. City shall pay to Organization an amount of money not to exceed Twenty-One Thousand Dollars ($21,000.00) for services rendered under this Agreement. City will t pay these funds on a reimbursement basis to Organization within twenty days after City har received supporting documentation. organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. Excess Payment. Organization shall refund to City within r ten (10) working days of City's request, any sum of money which has been paid by city and which city at any time thereafter determines: s 1) has resulted in overpayment to Organizationj or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one month period, organization will not request more than one-fifth (1/5) of the total budget as specified in Exhibit B, D. Deobligation of Funds. In the event that actual expendi- tures deviate from organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under- expended funds. E, Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period, organiza- tion shall utilize the form agreed upon by City and Organization, • V. V UATION t ~ Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously moni- tored. Organization agrees to make available its financial records j for review by City at City's discretion. In addition, organization • agrees to provide city the following data and reports, or copies • • thereof; A. All external or internal audits. organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. PAGE 3 • • L Apeadi No, Apenda Item Date r B. All external or internal evaluation reports, C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of children served each month. 2. Income lovel of families participating in program, r' 3. Race and/or ethnicity of participating children. D. organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. VI. DIRECTORS MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Direc- tors, setting forth the time and place thereof. Such notice shall be delivered to city in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION city may suspend or terminate this Agreement and payments to organization, in whole or part, for cause. Cause shall include but not be limited to the following; A. organization's improper or inept use of funds, • B. organization's failure to comply with the terms and conditions of this agreement, C, organization's submission of data and/or reports that are { incorrect or incomplete in any material respect, D. Appointment of a trustee, receiver of liquidator for all or • a substantial part of organization's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation • proceedings by or against organization, or E. City determines that the carrying out of this Agreement is impossible or infeasible. PAGE 4 • 0 s Agenda ND.. Agenda Item - Dale in case of suspension, City shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, organization will remit to City any t unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EOUAL OPPORTUNITY f r A. organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. organization shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. i C. Organization will furnish all information ana reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. E D. In the event of organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City, k IX. WARRANTIES } ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of organization on the date shown { on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition • of organization. C. No litigation or legal proceedings are presently pending or threatened against organization. r: PAGE 5 • • Agenda Ham ' gale r D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization, E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the ':financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for paynent. X. CHANGES AND 4MENDDIEUS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by city, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. organization will submit revised budget and program information, whenever the level of funding for organization or the • program(s) described herein is altered according to the total t levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement, Any such ` modifications are to be automatically incorporated into this • Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or • • ` regulation. 'r E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an PAGE 6 • 0 • i Agenda No, Agenda Item r pate increase or decrease in the amount of organization's compensation. Such changes shall be incorporated in a written amendment hereto, S as provided in subsection A of this Section, F, Any alterations, deletions, or additiono to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City, G, Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. w H. Organization shall notify City of any changes in personnel or governing board composition. i 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted, XI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employese harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. • XII. CONFLICT OF INTEREST A, Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. • organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B, organization further covenants that no member of its governing body or its staff, subcontractors or employees shall 1 PAGE 7 • ap~nc. I.0 Apenda item- 0111 q possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself /herself, or others; particularly those with which , he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who ex:rcises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XIII. HEPOTIS Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is cur- rently employed by organization, or is a member of organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XIV. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, whendeposi- ted in the United States mail, postage prepaid, registered or cer tified, return receipt requested, addressed to organization or City, as the case may be, at the following addressee: CITY ORGANIZATION City of Denton, Texas Director Attn:City Manager Denton City-County Day Nursery 215 E. McKinney 1603 Paisley Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested, XV, MISCELLANEOUS J • • A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. i . PAGE 8 t • • Agenda Na. Agenda Item Data - B. 1'f any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, C. In no event shall any payment to organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved, No representative or agent of City may waive the effect of this provision, D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the day of 1995, CITY OF DENTON, TEXAS i BY; BOB CASTLEBERRY, MAYOR e ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; PAGE 9 5 Y L. • apple No. APPROVED AS TO LEGAL FORM: Apple lNm- HERBERT PROUTY, CITY ATTORNEY Ooie BY DENTON CITY-COUNTY DAY NURSERY BY: DIRECTOR ATTEST: BYr SECRETARY ` I I • • II , w, ~ I PAGE 10 r i • +a • Agana No. Agenda Hem om r EXHIBIT "A" WORK STATEMENT DENTON CITY-CO. DAY NURSERY Denton City Co. Day Nursery is a non-profit child care faciflty for low income families. DCCDN serves 66 children daily ranging in age from i8 months to S'/s• Parents must be working, going to school full time, or doing both part time, or actively seeking employment to be eligible. DCCDN is open Monday through Friday from 6;30 am. to 3;30 p.m. The staff consists of 8 teachers, a cook, an assistant director and director, The children are served breakfast, lunch, and 2 snacks. The nursery not only provides a safe and healthy environment for child can, but a leaming program for all age groups, no curriculum places emphasis on cognitive, affective, and psychomotor learning skills, good health habits, and physical development, Ile nursery staff receives 20 continuing educadon hours each year in child development and early childhood education, The most important elet:ient of our work is the emphasis placed on enhancing the self concept of each individual child, as this is very significant for his/her ft- ure success, • • t. • a S • Aped No. Agenda ttem Date EXHIBIT "B" DENTON CITY-COUNTY DAY NURSERY OENERAL FUND BUDGET City of Denton Funding . . . $21,000.00 Monthly Request , , , , , , , ..$1,730,00 Monthly Expenses TeacherI ..............................5946.41 Teacher U ........................$946.41 Total . $1892.82 • s 1~ ~ • 4) a i. ;ilk DENTON ooooo0aooooo'goo po ~ N°0o o~ 0 0 o d p OOp`~~ pp0 0000 r ° N Qp0 °aaooaoaoa°o • CITY COUNCIL e • ' .wr Awd1 No, DIh + DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Consider adoption of an ordinance authorizing the City Manager to sign a contract between the City of Denton and HOPE, Inc.; No, th Texas Community Clinics; SPAN; and TWU CARES Health Center. RECOMMENDATION: Approve ordinances authorizing the City Manager to sign a contract between the City of Denton and • HOPE, Inc., • Norlh Texas Community Clinics, • SPAN, and • TWU CARES Health Center. T AHYt On May 2, 1995, City Council approved the 1995 Consolidated Plan. The Consolidated Plan specified the use of CDBG funds for the following activities; • $31,000 by North 'T'exas Community Clinics to provide health care, • $20,000 to TWU CARES to provide health care, • $25,000 by 110PI's, Inc. to provide services to the homeless or potentially homeless, and • $10,000 to SPAN to provide services to the elderly. • General fund dollars will also fund (TOPE, Inc.($5,000) and SPAN($26,000). 1 PROC:R kM6. DEPARTMENIS R GROUPS AFFECTED: j Program Beneficiaries j Human Services Organizations • Human Services Committee • • Community Development J p AWAI No. FISCAL IMPACT: The impact on the general fund will be limited to $31,000 for financial assistance as specified above. The remaining expenditures under the contract and all City staff activities will be paid from CDBG grant funds. Respectfully submitted: Lloyd V. Harrell City Manager Prepared by Derrick Collins, Human Services Coordinator Approved: Frank Robbins, AICP~ Director for Planning an edD velopment • • i 1 ~5 ,1 y _ i ~ 5 a'~ i 117 .4 j ~ 1 S • it 3J'lsi5 ilk+~~,~i~~T i~~ Y o 0 • r E. AQEnda Mo. AQ<ndaltErn ? , Otfe • ORDINANCE NO, AN ORDINANCE APPROVING AGREEMENTS BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY, HOPE INC., NORTH TEXAS COMMUNITY CLINICS, AND SPANI AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTSI APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City council has determined that it is in the beat interest of the citizens of the city to provide public funds to the following contractors: Texas Woman's University, Hope Inc., North Texas Community Clinics, and Span (collectively referred to herein as "CONTRACTORS") in consideration of the valuable public services to be furnished by CONTRACTORS to the City of Denton in accordance with the AGREEMENTS attached heretol NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the city Council hereby approves the following agreements attached hereto and incorporated herein by reference between the City of Denton and CONTRACTORS: 1995-1996 Agreement Between The City of Denton and Texas Woman's University (TWU C.A,R.E.S.), 1995-1996 Agreement Between The City of Denton and Hope Inc., 1995-1996 Agreement Between The City of Denton and North Texas Community Clinics, Incorporated, and 1995-1996 Agreement Between The City of Denton and Services Program For Aging Needs, incorporated (collectively referred to herein as "AGREEMENTS"). SECTION II. That the City Council hereby authorizes the Mayor to execute said AGREEMENTS. SEC'T'ION 111. That the City Council authorizes the expenditure of funds in the manner and amounts as specified in the AGREEMENTS. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the _ day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY iiY : ,:__f, r~ au tee l~ l ! Y 71 1 S 4 • 0 kti' llxI to • i Apmd, Ne. ' Agenda Item Dale t 1995 - 1996 AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY {TNU C.A.R.E.9.} ti a This Contract is made and entered into by and between the City f of Denton, a Texas municipal corporation, acting by and through its f City Manager, pursuant to ordinance, hereinafter referred to as y' CITY, and Texas Woman's University (TWU C.A.R.E.S.) Denton, Texas 76204, Texas Woman's University (TWU C.A.R.E.S.) hereinafter referred to as CONTRACTOR, WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended, and; WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds to Texas Woman's University which sponsors a health clinic, and; WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this contract and all matters pertaining thereto, and; WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations 4nd to the performance and accomplishment of the conditions hereinafter described. I 1. TERM This Contract and agreement shall commence on or as of April 1, 1996 and shall terminate on March 31, 1997 unless extended as provided herein. II, RESPONSIBILITIES • CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S Vice President for Fiscal Affairs to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless • written notification to the contrary is received from CONTRACTOR, • and approved by CITY, i a The Community Development Administrator, will be CITY's repre- sentative responsible for the administration of this contract, III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for • 0 i • t !f„ Agenda Item s r: expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B, Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $20,000. r B, Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Contract. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Contract, if adequate funds are not available to make payments under this Contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined, CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If CDBG funds eligible for use for purposes of this contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which; (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; a (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (d) has not been billed to CITY within thirty 1 (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; M (e) is not an allowa)t- ;Oat as defined by Section XI of this Contract or the project budget, PAGE 2 r Agenda No. Apenda Item r Date Ir r G P (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed, (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Contract are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances, Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR, The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ` ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIII of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of Management and Budget Circulars Nos. A-110 and A-122, B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. • V. I REPRESENTATIONS 1 s' A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract, B, The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally PAGE 3 • Q • Emoda bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed, V1. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other., terms, provisions and requirements of this Contract. No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's Community Development Coordinator. VII. PAYMENTS TO CONTRACTOR 0 A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $20,000 for services rendered under this Contract. CITY will pay these funds on a reimbursement Lasis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CITY shall not pay in any three month period more than twenty-five (25k) percent of the maximum amount specified above. • Funds are to be expended primarily as shown in the Budget, Exhibit B. B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) worring days of CITY's request, any sum of money which has been paid by CITY and which CTTY at any time thereafter determines: PAGE 4 0 • Agenda Nam Dze k { a. { (1) has resulted in overpayment to CONTRACTORt or, (2) has not been spent strictly in accordance with the terms of this Contractl or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to such federal agency within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D, Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds, E. Contract Close Out, CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within fifteen (15) working days following the close of the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A TWU check for the net aggregate amount payable to the City of Denton] • (2) A listing showing the Social security number, full name, last known complete address and the amount owed to each person involved. VIII. WARRANTIES • ' • • CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, PAGE 5 • • t' Agenda No, Agenda Item Date c since that date, have not undergone any significant change without s' written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. D. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. Ix. COVENANTS 1 During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administration or his authorized representatives A. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. B. Sell, convey, or lease all or substantial part of its • assets. C. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser, X. • ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this contract and in conformance with the standards and provisions of Exhibits A and B. PAGE 6 • w 0 Agenda Item call a B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization 1.9 required in order for the following to be considered allowable costs: F, 'j (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of the total budget as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Person- nel schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or { purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. XI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, A income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or t employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. PAGE 7 • • k, Agenda No. ADenda Item Date I B. CONTRACTOR shall include this Section in its entirety in r all of its sub-contracts which involve other income-producing services or activities. S` xzz. MAINTENANCE OF RECORDS k' ~r A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status s' of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR'S record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this section shall be construed to relieve CONTRACTOR of fiscal accountability and ! liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, t4.oeutnents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this contract for three years. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect, the level and benefit of services provided under this Contract. D, At any reasonable time, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, records pertaining to this Agreement and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and data requested by said representatives. I xITI. REPORTS AND INFORMATION • At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial • reports to CITY no less than once each three months. The benefi- ciary report shall provide a detailed description of client information, including race, income, female head of household. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. PAGE 8 ~ O • ca • AQmdo No _...._1~ Agenda Item„ XIV, kle MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract, B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are aLcached hereto as Exhibit A, as well as other provisions of this Contract, C, CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings, F, CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR, XV. INSURANCE All doctors and nurses providing care to patients shall be required to maintain professional liability coverage of no less than One Hundred Thousand Do) lars ($100,000) to insure the services provided uu:cr this contract by such professionals. XVI, • EQUAL OPPORTUNITY A, CONTRACTOR shall comply with the Equal Employment and Affirmative Action Federal provisions, B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations, C, CONTRACTOR will furnish all information and reports i requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. PAGE 9 • 0 • • LOends No. Agendritem j Date XVII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination, s XVIII, CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. 8. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. XIX, NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board, The term "member of immediate family" includes: wife, • husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,, step-parent, step-child, half-brother and half-sister. XX. , POLITICAL OR SECTARIAN ACTIVITY • A. None of the performance rendered hereunder shall involve, • and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity y undertaken to influence the passage, defeat or final. content of legislation. PAGE 10 • da pn r Allen Agenda Item Dale B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall z be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. I XXI. PUBLICITY A. Whex.? such action is appropriate, CONTRACTOR shall pub- licize the activities conducted by CONTRACTOR under this Contract. in any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Dsnton having made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. When material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is +n a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: Thia document is prepared in accordance with the City of Denton's Community Development [dock Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. •r XXII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: • • • A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, IJ and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. PAGE 11 r s a~ e~ ,!l Agenda No. Agenda lien [f Dste Such notice shall be submitted to CITY, in writing, within ten 10 working days of receipt of the notice of awa ding award by CONTRACTOR, together with copies of the budget, progr eu=i~ p- tion, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIII. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the oudget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract, C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E, CITY may, from time to time during the term of the Contract, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed un.iur this Contract at least thirty (30) calendar days in advance of the change, l PAGE 12 • O • w • Agenda Ab, Agenda Item Dirt H. CONTRACTOR shall notify CITY of any changes in personnel. or governing board composition, s i. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of x funds between or among said programs will be permitted, XXIV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and - duties provided herein, CITY without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR, Such notice may be given by mail to the Executive Officer and the Board of Di.rectorn of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of. SECTION XXV may be effectuated. XXV. TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (2) Termination or reduction of funding by the United States Department of Housing and Urban Development, • CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CONTRACTOR may terminate this Contract in whole or in part. • by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, to see-k an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was riot occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 13 • c, • Apnda No. Anenda Ilem oa30 4 CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. C. Upon receipt of notice to terminate, CONTRACTOR shall' cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract, CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date, XXVI. NOTIFICATION OF ACTION BROUGHT k r In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity s. against CONTRACTOR, which may invoke this agreement, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXVII. INDEMIFICATION A. It is expressly understood and agreed by both parties G hereto that CITY is contracting with CONTRACTOR so an independent contractor and that as such, CONTRACTOR shall save and bold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account j of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. • B. CONTRACTOR agrees to provide the defense for, and to indem- nify and hold harmless CITY its agents, employees, or contractors t from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or • omission of CITY, its agents, employees, or contractors. . • PAGE 14 i • AWda No, ~T Agenda ttrm_,~ XXVIII, MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arisirg thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B, If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, C, In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this contract. E. For purposes of this Contract, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below • TO CITY; TO CONTRACTORt i City Manager Robert O, Senfield City of Denton Vice President for Fiscal Affairs 215 E. McKinney St, Texas Woman's University i Denton, Texas 76201 Denton, Texas 76204 IN WITNESS OF WHICH this Agreement has been executed on this the day of 199 PAGE 15 ..3 Y v I yv u A" No. AWds Item Dm CITY OF DENTON TEXAS WOMAN'S UNIVERSITY (TWU C.A.R.E.S.) BY~ BYt BOB CASTLEBERRY, MAYOR ROBERT O. BENFIELD, VICE PRESIDENT FOR FISCAL AFFAIRS ATTESTr ATTESTi JENNIFER WALTERS, CITY SECRETARY SECRETARY BY; BY, APPROVED AS TO LEGAL FORMt HERBERT PROUTY, CITY ATTORNEY BY; I~ • i I PAGE 16 r I e,s u .t . ,tip. • Agenda No. EXHIBIT "A" Agenda item Date WORK STATEMEN9"~"~ i: TWU C,A,R.E,S. t TWU C.A.R.E.S. is a non-profit Health Center providing primary care services to the medically underserved populations of the City and County of Denton regardless of their poverty rating. These services are not limited to medical specially or age groups but serve individuals across the life span. TWU C.A.R.E.S. is a nurse managed center that receives Its direction and authority from the College of Nursing at TWU and its responsibility and accountability from the Board of Nurse Examiners of the State of Texas. These primary care services are provided in collaboration with members of the health care community and affiliate agencies serving like populations within Denton County. Objectives: 1. Implement the organizational structure and planning for he TWU C.A.R.E.S. Health Center pruiect.. The organizational structure and planning are on a continuum and during the period covered in this report several changes have evolved. The organizational chart can be found in Appendix A. Faculty in charge of TWU C.A.R,E.S. and the student clinical rotations at the health center have changed in that Peggy Drapo, Ph. D. RN and Charlotte Patrick Ms, MED, RN have retired. New faculty have been added and their vitae duties and responsibilities wilt be presented in the next quarterly report. The position of Director of TWU C.A.R.E.S„ Professor in College of Nursing and Coordinator of MS programs is Rosemary Goodyear EdD, RNC, FNP and her vitae can be found in Appendix B. Staff at the health center has been augmented as a result of receiving funding from the City of Demon. A part-time senior staff nurse is now employed at TWU C,A.R.E.S. to manage the increasing pediatric population. • Planning for TWU CA.R,E.S, is moving forward and includes an enhanced focus on primary care services to be offered at the health center. A more detailed explanation will be provided in the next quarterly report since these events took place in September. The addition of Family Nurse Practitioners to the faculty, changes in legislative regulations for nurses in 4 Advanced Practice in the state of Texas and the Implementation of a Family Nurse fi • Practitioner Program at TWU College of Nursing are all factors that will Influence the • • direction of TWU C.A.R.E.S. S 4 O 6 I 2. Extend the pi nary healtfi care service at TWU C.A,R.E.S. e fttm The direction of this change has been addressed in the first o 0" a of at TWU had demonstrated the intent to expand the services by cress Nurse Practitioner faculty for the implementation of a master's program preparing Advance Practice Nursew?amlly Nurse Practitioners. 3I,ZpW d the nW3W2 2= Ice arranaement at TWU CARES. Heath Center. This objective is continuing and establishment of outreach clinical sites Is an example of expanding nursing practice arrangements. Justin, Sanger and Aubrey now are receiving nursing services on a monthly basis. Additional expansion is currently being discussed and more definitive data and plans will be shared as they evolve. 4 'valuate V" CARES Heath Center nrofect The programs that are offered through the facility are under evaluation on an on-going basis, The personnel are evaluated, the patient services am reviewed through an audit and the fiscal management is constantly evaluated for each funding agency. 5 Evaluate the client care provided at TWU C A R E 5 Health Center. The development of a data base to monitor the services provided at the health center has made good progress and is continuing to improve. The one difficulty that is being experienced is the lack of data entry staff. Monies are being investigated to rectify that shortage. r • r i 1 r l i i t r t 4 EXHIBIT "B" No I ACrnda IMm CDHO BUDGET a+N TWU CARES Personnel Senior Staff Nurse (RN) Salary, 12 months 19 hours/wk,, 0.4 FTE $1501% Benefits $ 1,973 Total $17,169 Dental Hygienist Salary, 6 hours/wk 10.50 for 30 weeks $ 1,690 Beneflts $ 640 Total $ 2,530 Supplies for patient care $ 301 Grand Total $20,000 i i • r f, l t ! F P ii • r lulll/ws U9: 11 - - 10 UUJ_ A i 2 Awds No. CITY OF DENTON ApMd~ l(ein COMMUNITY DEVELOPMENT BLOCK GRAN REVISED BUDGET 1995-1996 Personnel Senior Staff Nurse (RN) Salary, 12 months 19 hourstwk., 0.4 FTE 15,196. Benefits 1,973. Total 170169. Dental Hygienist Salary, 0 hwnVwk In.50 for V weeks 1890. Benefits W. Total 2830 Supplios for patient care. 301. Grand Total 200000. PLEASE SUBMIT THE FOLLOWING REVISED BUDGET WITH THE FOLLOWING RATIONALE. The increase in salary reflects the pay raise that went into eRect in September 1995. The Dental Hygienist replaces the dental hygiene students. This person is part time faculty in the Dental Hygiene Program and will be coordinatlrp the student placMOeM and clinical experience at TVVU C.A.R.E.S. An a gwsion of Dental Heskh Education hno the community will also W Initiated this year and the supervision of the students in thus community agencies will be the fesponsibiiity of this lndlvidwl. This propr" allows the • mission of ft Health Center to W carried out and our goals to be achieved. t • a~ • ° EAgenda 1995 - 1996 r' AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Hope, Inc., 1213 N. Elm, Denton, Texas 76201, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U, S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to the homeless families; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this contract and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof axe bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter described. I 1. TERM This Contract shall commence on or as of October 1, 1995, and shall terminate on September 30, 1996. II. RESPONSIBILITIES • CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all • M contractual matters pertaining hereto, unless written notification • to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this contract. • va 0 s Agenda No. Agenda II¢m s Cale III. CITY'S OBLIGATION ? A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $23,000.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY' shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, sub- ject to the limitations and provisions set forth in this Section and Section VII of this Contract. { (1) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section II (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; or (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Contract, whichever date is earlier, (2) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or z after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until 111 CITY advises CONTRACTOR to proceed. (3) CITY shall not be obligated or liable under this 4 d Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. J F PAGE 2 , t# .r. fAPIMO No, lem IV . , s, C0UPLIANCB WITH STAT8 and LOCAL CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. ti V. RSPR38YNTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and, executing this Contract on behalf of CONTRACTOR, do hereby warran'c and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CON'T'RACTOR to all terms, performances and provisions herein set forth, C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there ~ is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this Contract for the reasons enumerated in this Section. . D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. VI. PYRFORXANC! BY CONTRACTOR i CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. iV f PAGE 3 • • r. F No modifications or alterations may be mad 60 them4fCl1e~4ta~~`i' F ment without the prior written approval of t unity Development Administrator. -,.W_, - VII. PAYMMM TO CONTRACTOR A. Paymant■ to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $23,000 for services rendered under this Contract. CITY will pay these funds on a reim- bursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Those CONTRACTORS who fail ;o request reimbursement on a timely basis, may jeopardize present or future funding. 8. Mceas Paymant, CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR: or (2) has not been spent strictly in accordance with the terms of this Contractl or (3) is not suppurted by adequate documentation to fully justify the expenditure. C. Deobligation of Funds, In the event that actual expendi- tures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. i D. Contract Close Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within ten (10) working days following the close of the Contract period, CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. • VIII. NARRANTI S CONTRACTOR represents and warrants that; A. All information, reports and data heretofore or hereafter • requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, ! • since that date, have not underdone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on PAGE 4 r 0 App Ilo. fi Apertda Item v Data E said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR related to the program described in Exhibit A. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. F, None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY Is Executive Director of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or 0 hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose • of accounts receivables, notes or claims for money due or to ' 0 . become due. (3) Sell, convey, or lease all or substantial part of its assets. PAGE 5 p ♦ Apendatlo.~ [y A9anda Item Date t., (A) Make any advance or loan to, or incur any liability ?ti for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser, (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Com- munity Development Office. X. ALLONABLS COSTS t A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTOR's budget, Ext,ibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be ccn- sidered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B, (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract, (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted. r (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B, (6) Costs or fees for temporary employees or services, (7) Any fees or payments for consultant services. r (8) Fees for attending out of town meetings, seminars or # conferences, r Written requests for prier approval are CONTRACTOR RIs responsibility t and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY PAGE 6 i • • r kwdl No. Apendt IUm - Dift - prior to the commencement of procedures to solicit or purchase' services, equipment, or real or personal property, Any procurement l or purchase which may be approved under the terms of this Contract i must be conducted in its entirety in accordance with the provisions of this Contract. r XI. KAINT wcx of RXCORDs A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any c,ther ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said • representatives, XII. t RXPORTS AND I"ORKATION At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informs- 0 tion as CITY may request and deem pertinent to matters covered by • • this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months, with the first reports due on or before March 1, 1995, The beneficiary report shall detail client information, including race, income, female head of PAGE 7 • ca • A01(10 lllm + Date , ` household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CITY, CON'T'RACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. XIII, NONITORINO AND EVALUATION A, CITY shall perform on-site monitoring of CONTRACTOR's E' performance under this Contact. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities, D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. , E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings, F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- . TOR. AIV. • DIRZCTORS' XXZTINGS During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the • matters to be discussed. CONTRACTOR understands and agrees that • CITY representatives shall be afforded access to all of the Board All of Directors' meetings, Minutes of all meetings of CONTRACTOR's governing body shall ` be available to CITY within ten (10) working days cf approval, s PAGE 8 ell • a. 0 Agenda Re. - Apenda Item _ Dale XV. INSURANCR A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide ' adequate coverage for services offered under this Contract. B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments, a C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous j liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a t valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR, XVi. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval a written " plan for compliance with the equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. • B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance • with local, state and Federal rules and regulations. • a D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cance], or terminate the Contract in whole or in part, and CONTRACTOR may be barred from j, further contracts with CITY, 14 ' PAGE 9 • p • • r XVII. PERSONNEL POLICIES CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. Such personnel policies shall: t A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and F B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XVIII. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance t of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his parsonal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest] or (2) have any interest, direct or indirect, in • thin Contract or the proceeds thereof, f XIX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's • • governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, r PAGE 10 , s'. . O O FUNDING APPLXCA QUIUS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding for the program described in Exhibit B in accordance with the following procedures; A. when the application is in the planning stages, CON- TRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXI, CWGXS AND AUMDUMTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among ap- proves; line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program in- formation whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. i : D. It is understood and agreed by the parties hereto that • changes in the State, Federal or local laws or regulations pursuant • • hereto may occur during the term of this Contract. Any such modi- fications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Con- ti tract, request changes in Exhibit A which may include an increase PAGE 11 • w • or decrease in the amount of CONTRACTOR'S c Such 1 changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. r . F. Any alterations, deletions, or additions to the Contract 5 Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. N. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXII. SUSMSION OF FUNDING Upon determination by CITY of CONTRACTOR'S failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been sat- isfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXIII may be effectu- ated. VIII. TYRMINATION A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTORI s failure to attain compliance during any prescribed period of suspension as provided in Section XXII. (2) CONTRACTOR'S violation of covenants, agreements or guarantees of this Contract. PAGE 12 • • u Agenda No. t;• Agenda Hem e Date (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. I; iA(4) Finding by CITY that CON'T'RACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR, (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXI (D), of this Contract. (7) The commission of an act of bankruptcy, (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. S. CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination, In no event will this compensation exceed an amount which bears the • same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder, • CONTRACTOR may opt, within the limitations of this Contract, to • • coek an alL.,arnative funding source, with the approval of CITY, 5 provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 13 ~ a • LAWflds dea CONTRACTOR may terminate this Contract a ssolutien of CONTRACTOR's organization not occasioned by a breach of this y' Contract. { D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. } CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of + suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. i XXIV. NOTIFICATION OF ACTION BROIIQBT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after b=ing notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claitt, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claiu,, or that instituted n or threatened to institute any type of action or proceeding) the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by k mail. f' XEV. INDOWIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent A contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expense■ for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- ' formance or omission of any employes, agent or representative of j CONTRACTOR. j B. CONTRACTOR agrees to provide the defense for, and to 0 indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, f' damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. PAGE 14 r 04 • C> • Agenda Ilu.. _ i# Aytnda Item Uala ;(2 X VI. a; CONFLICT OF INTEREST y A A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. H. CONTRACTOR further covenants that no member of its governing body or it staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself., or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities ?j in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. E. SVII. MISCELLANEOUS F A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- under, to any party oc parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. B. If any provision of this Contract. is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in a full force and effect and continue to conform to the original intent of both parties hereto. g • C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of i covenant or default Nwhich may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any s manner impair or prejudice any right, power, privilege, or remedy O available to CITY to enforce its rights hereunder, which rights, j4 • 4 powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this i provision. U. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- PAGE 15 • • AtN~p~ !N. ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract, E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation, F. For purposes of this Contract, all official communica- tions and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below; TO CITY; TO CONTRACTOR: City Manager Barbara Atkins City of Denton HOPE, Inc. 215 E, McKinney St, 1213 N. Elm Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this contract has been executed on this the day of It 1995 CITY OF DENTON BY: BOB CASTLEBERRY, MAYOR ATTEST; • JENNIFER WALTERS, CITY SECRETARY BY: 8 APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 16 Agenda No. Agenda tteni.~. _ HOPE, INC. BY; BARBARA ATKINS AMS'T i SECRETARY • a PAGE 17 ; ILL • • Agenda Na, t Agenda Nem EXHIBIT "A" Dale WORK STATEMENT HOPE, INC. F; 30-90 DAY CLFENT ASSISTANCE PROGRAM The program provides assistance to families who are homeless or potentially homeless, and who have the desire and ability to establish self-reliance. The funding requested would provide rent, utility, and food to client families for a period of 30 - 90 days. The case manager from HOPE, Inc, will meet with the client families on a weekly basis to assist with defining goals, budget skills, assessment of job skills and educational needs, and community referral. HOPE will monitor expense, receipts, income, and attempts tp move toward stated goals. It is anticipated that client families will be able to move into permanent housing and to have the ability, after program assistance, to maintain permanent housing. TRANSITIONAL HOUSING PROGRAM The purpose of the project Is to assist families who are documented under HUD guidelines as $ homeless, toward establishing and maintaining self-sufficiency, The funding requested would, provide rent and utility assistance, and limited other financial aid, as determined by the needs e of the transitional housing families. The transitional housing program would maintain up to five families at a time, and rent and utility assistance would be for a period of 12 to 24 months. t HOPE, Inc. will assist the transitional housing families with assessment of educational or vocational skills and training, with budget skills, with job search skills, and with counseling or other social ..arvices. HOPE will also monitor on a weekly basis records of expenses y incurred, receipts, and proof of family Income. Y It is anticipated that client families who are in the transitional housing program will be able, after the one or two year assistance period, to improve their situation enough to be able to afford decent, safe, and sanitary housing without the need for rental assistance and continuing emergency aide from Denton agencies. . 1 AWdi Nye WII EXHIBIT "B" HOPE INC. PROJECT BUDGET Transition Housing pm Personnel Costs, Client Services . . . . . . . . . . . . . . . . . . . $25,000 Case management up to 20 hours pef week Rent, Utilities, and other Financial Aid 30-90 Day Client Assistance Pfnafam Support of Client Fam If&4 30-90 Days . . . . . . $5,000 Rent, Utilities, Food ~ i • • j AgMda No.. Date Apentlallem ~"^"~^`tiw j 1995 - 1996 'a ' AGREEMENT BETMm THE CITY 01 DENTON AND NORTH TEXAS COVXVNITY CLINICS, INCORPORATED 3. t~ This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and North Texas Community Clinics, Incorporated, 121 Piner Street, Pr0. Box 2780, Denton, Texas 76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. P WHEREAS, CITY has received certain funds from the U. S. ? Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included x therein an authorized budget for expenditure of funds for the Denton County Prenatal Clinic; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agree- ment and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. I.r TERM This Agreement shall commence on or as of October 1, 1995, and shall terminate on September 30, 1996. RESPONSIBILITIES • E CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the Work State- s ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the • contrary is received from CONTRACTOR, and approved by CITY, The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agree- ment. r I• r. • • Agenda 6 0, Agenda it; 0a1e~~1 ; ITI. CITYOS OBLIGATION ` A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $31,000.00. B. Masure of Liability. In consideration of full and satin factory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section vIi of this Agreement, (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. if adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement, (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton, (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source! (b) was incurred prior to the beginning date, or after the ending date specified in Section 11 (c) is not in strict accordance with the terms of j this Agreement, including all exhibits attached + hereto! (d) has not been billed to CITY within ninety (90) calendar days following billing to CONTRAC- TO):, or termination of the Agreement, whichever daf:e is earlier/ or Page 2 11 fir. ApenEa fJO, Agenda gem Daft i (e) is not an allowable cost as defined by Section XI of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion there- of which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY d has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY t advises CONTRACTOR to proceed. { (5) CITY shall not be obligated or liable under this Agree- ment to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV, COMPLIANCR NITS PR'DRRAL, STATE and LOCAL LAWS f A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S, Department of Housing and Urban Development) under the Housing nd Community Development Act of 1974, as amended, in accordance ti.ith an approved Grant Application and specific assurances, Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P,L, 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila tion of a)1 duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CON'T'RACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or s revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement.. CONTRACTOR agrees to abide by the conditions of and comply with• the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122, B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. I V. RRPRRSSNTATIONS « A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute page 3 • • LApod, a I FIDffom`~'` this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. "r C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. VI. PSRFORKANCS BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satin factory performance of the program, as determined oolely by CITY and in accordance with all other terms, provisions and requirements is of this Agreement. No modifications or alterations may be made in the Work State ment without the prior written approval of the City's Community Development Administrator. VIX. • PAYXKNTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the g CONTRACTOR a maximum amount of money totaling $31,000 for services rendered under this Agreement, CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to 4 • request reimbursement on a timely basis may jeopardize present or future funding. F; 0 • Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. B. meeus Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has Page A • i I • c> • Agenda llo.~ Agenda Item Dale , been paid by CITY and which CITY at any time thereafter determines, t (1) has resulted in overpayment to CONTRACTORI or ' (2) has not been spent strictly in accordance with the terms of this Agreements or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. All disallowed salaries or wages must be returned to CITY in the following format; (1) A cashier's check for the net aggregate amount payable to the City of Dentoni (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. Refunds of disallowed costs may not be made from these or ary other funds received from or through CITY. D Doobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. 4 Contract Close Out. CONTRACTOR shall submit the Agreement • close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR, ` VIII. • ♦ • NARRANTIRS CONTRACTOR represents and warrants thatr A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without Page 5 • ca • Agenda No. Agenda Item Oato written notice to CITY, B, Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on t said report, and the results of the operation for the period ' covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR, C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. ! D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR, E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY, Each of these representations and warranties shall ha continu ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS A. During the period of time that payment may be made here- under and so long as any pa,-raents remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community 0 Development Administrator or her authorized representative; (1) Mortgage, pledge, or otherwise encumber or suffer of be encumbered, any of the assets of CONTRACTOR now owned o r hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of • this Agreement and with respect to which CITY has ownership hereunder. • • '3 1 (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. r (3) Sell, convey, or lease all or substantial part of its Page 6 • rti e LA,,A ~m~'" assets. (4) Make any advance or loan to, or incur any liability or i any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser, d (b) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by k CITY, unless CITY authorizes such transfer. a B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR -Agrees and covenants, (1) That the property shall be used to meet one of the national objectives stated in 524 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. C. CONTRACTOR agrees, upon written request by CITY, to require its emplo;tees to attend training sessions sponsored by the Community Development Offine. E. ALLOWABLH COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CON"RACTOR's budget, Exhibit B, does not e constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one m0ut-h per'od which exceeds one-fifth (i/5) of the total budget as specified in Exhibit B. ' • • (2) CITY shall not be obligated to any third parties, • including any suLcontractors of CONTRACTOR, and CI'T'Y funds shall not be used to pay for any contract service extending beyoisd the expiration of this Agreement. (3) Out of town travel, Page 7 a W • ?i t, ~OfRfJB r10. ~ ,pprnpa pom ~ Odle ..may (4) Any alterations or relocation of the f.aez and in which the activities specified in Exhibit A are conduc ed. (5) Any alterations, deletions or additions to the Person s nel Schedule incorporated in Exhibit H, (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services, (8) Fees for attending out of town meetings, seminars or conferences; s` Written requests for prior approval are CONTRACTOR's responsi bility and shall be made within sufficient time to permit a f thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to tho commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement, s~ RI. PRO(;PJW INCOME A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR RIs management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, :.sage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of thin Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for. 1I other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received • f from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be opent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. C. CONTRACTOR shall include this Section in its entirety in • all of its sub-contracts which involve other income-producing • eervices or activities. D. It is CONTRACTOR'S respunsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for F` Page 8 { • w ~Oende Mo. the repayment of any and all amounts eNAI CITY to e program income, unless otherwise approv eift~ cti ting by EII. MKINTENANCZ OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and. liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. H. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D, At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. xIII. ! REPORTS AND INFORIUITION At such times and in ettch form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. ! CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The ' 0 • beneficiary report shall detail client information, including race, 1 income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. Page 9 • c> • aaite the CI Y, Unless a written exemption has beetn CONTRACTOR shall submit an audit conducted ipendent haryiners with ten (10) days after receipt of suchu+11em ; ZIV. 'bONTTORXNO AND RVALOATTON~ A. CITY shall perform on-site monitoring of COR"lRA s (y performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which ar•) attached hereto as Exhibit A, as well as other provisions of this Agreement C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E, After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. f' F, CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory boriies to CITY within five (5) working days of receipt by CONTRAC TOR. ZV. DIRECTORS' MEETINGS During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice • shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that a^ CITY representatives shall be afforded access to all of the Board of Directors' meetings. i Minutes of all meetings of CONTRACTOR's governing body shall be • available to CITY within ten (10) working days of approval, ' • e XVI. INSURANCX A, CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement, Page 10 • • `a . z. Vale R ` d B. The premises on and in which the actd in Exhibit A are conducted, and the employees conduct activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as iJpot. request of CONTRACTOR, CITY may, at an additional insured, its sole discretion, approve alternate insurance coverage arrange ments, C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must poseoss a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR Ia files, E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. XVII. g4UAL OPPORTUNITY A. CONTRACTOR shall submit for CITY YIs approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall .,omply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C, CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance • with local, state and Federal rules and regulations. D, In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from furtha: contracts with CITY, • XVIII. PlR90NNlL POLICI89 • aJ Personnel policies shall be established by CONTRACTOR and shall be available for examination, Such personnel policies shall; A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to Page 11 • • 1 Ptndj employment, salary and wage rates, workin fringe benefits, vacation and sick leave pand Crave I and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. f XIX. z CONFLICT OF INTZRXST s A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement, CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any deciuion relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in whica he has direct or indirect interests or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XX. NRP0TISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing • board. The term "member of immediate family" includes; wife,hus- band, eon, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXI. POLITICAL OR BYCTARIAN ACTIVITY • ' • R. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. Page 12 • • 0"da film I B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR h-ireunder shall be used for or ^nplied directly or indirectly to the construction, operation, maii..enance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity, IZII. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.E. Department of Housing and Urban Development I a Community Development Block Grant Program funding through the City of Denton having made the project possible, B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement, When material not origi pally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title pages This document is prepared in accordance with the city of Denton Ia Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. • 22III. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in the planning; stages, CONTRACTOR shall submit to CITY a description of the fundo being applied for, and the proposed use o.' funds, 9. Upon award of )r notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Page 13 A i A9~d~ 4tetn Such notice shall be submitted to CITY, i Q 1 (10) working days of receipt of the notic ward or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement, F C. CON'T'RACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or E' private program without the prior written consent of CITY, ZZIV, CRAMS AND AMMME NTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide ; that another method shall be used. B. CONTRACTOR may not make transfers between or among approved j' line-items within budget categories set forth in Exhibit B without T prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such j request for revision shall not increase the total monetary obliga Lion of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement, C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. • E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract • Budget Detail incorporated in Exhibit B shall require the prior A 0 written approval of CITY. i G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. Page 14 • • AW06 ok Aomda Ittrn H, CONTRACTOR shall notify CITY of any changes in personnel or governing board composition, 1, It is expressly understood that nei`.her the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSPRUSION or FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR, Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR, The nctice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period, if, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated, XXVI. TZRMINATION A. CITY may terminate this Agreement with cause for any of the following reasons! (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV, (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement, • (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR; (a) is in such unsatisfactory financial condition as to • endanger performance under this Agreemeritj • • (b) has allocated inventory to this Agreement substan tially exceeding reasonable requirements (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. Page 15 O , • as • } Awdl No. AW6 Ihm h k f, (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR'S property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR, ti (6) CONTRACTOR's inability to conform to changes required H by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agreement. (7) The commission of an act of bankruptcy. (e) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. S. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. in no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of • CONTRACTOR's organization not occasioned by a breach of this Agreement. ii I D. upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred • after the cermination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of Page 16 r O • cn • A9tnda }{o. r--.~ ~penda damages due to CITY from CONTRACTOR is ag or otherwise det,irmined, XXVII. NOTIFICATION OF ACTION AROUCMT { In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRAf."TOR shall give written notice thereof to CI'T'Y within two (2) working days after being notified of such claim, demand, suit or other action. Such notice at-,11 state the date and hour of notification of any such claim, demand, suit or other actionj the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceedings the r basis of such claim, action or proceedings and the name of any person(s) against whom such claim is being made or threatened, Such written notice shall be delivered either personally or by mail. XXVIII. INDRWIFICATION A. it is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an indepandem t contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expense tor, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employes, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the d.afense for, and to indem- nity and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful sot or omission of CITY, its agents, employees, or contractors. • XXIX. NISCSLLAMEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY, • B. If any provision of this Agreement is held to be invalid, r • illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform ~.a the original intent of both parties hereto, 1 C. in no event shall any payment to CONTRACTOR hereunder, or Page 17 4 0 s w • r A900 N0. r A ends 41em any other act or failure of CITY to ins in instances upon the terms and conditions o consti- tute or be construed in any way to be a wa ver by CITY of any breach of covenant or default which may then or subsequently be committed by CON'T'RACTOR, Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement, E. in the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or r„eaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- ly responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation, F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below To CITY; City Manager Director City of Denton North Texas Corrnnunity Clinics, 215 E. McKinney St. Incorporated Denton, Texas 76201 P,O. Box 2780 Denton, Texas 76202 IN WITNESS OF WHICH this Agreement has been executed on this the day of 1995, CITY OF DENTON BY:- BOB CASTLEBERRY, MAYOR Page 18 , { . ,bMrE~ No ATTEST: Qqe JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: PC' , F/1 NORTH TEXAS COMMUNITY CLINICS, INCORPORATED BY: EXECUTIVE DIRECTI)R ATTEST: BOARD SECRETARY , Page 19 i i lil ] 3f A Y_ • to • . , • t Ageno} stem EXHIBIT "A" We WORK STATEMENT NORTH TEXAS COMMUNITY CLINIC PRENATAL CLINIC FOR DENTON COUNTY A. Description of services to be performed: CONTRACTOR will perform services described below in conformance with the attached schedule and budget CONTRACTOR will operate a prenatal program at the Prenatal Clinic for Denton County according to existing legal and medical regulations. CONTRACTOR will provide services to patients on weekdays for a period to Include, at a minimum, the hours from 9:00 asr, to noon and from 1:00 p.m. to 4:00 p.m, on Monday, Tuesday, Thursday, and Friday, and 9,00 a.m. to noon and 1:00 p.m, to 8:00 p.m. on Wednesday except on holidays or when patients cannot be seen due to special circumstances. Services are provided by appointment only, during or after normal office hours, or In scheduled classes. The clinic will be open to patients at other times as needs dictate. Patients who require services the clinic cannot provide will be referred to other qualified medical care providers, CONTRACTOR will continue to employ a woman's health care provider on a full time basis who will be subject to the benefits, working hours, and other rules of the Community Clinics for Denton County. These employees shall provide prenatal care to patients. CONTRACTOR will maintain a waiting list for thow individuals who apply for care at the clinic. As all prenatal care is provided by appointment only, the clinic will not provide "drop in service" although the specific circumstance of each patient will be taken into consideration when scheduling. To be eligible for care, the patient mint demonstrate that she is eligible for Medicaid, WIC, or are otherwise unable to acquire • adequate prenatal care through other means. • • ;i 1 r ` • O rat<r~ai ,~T7" s• • 1,. Agenda No. Agenda Item EXHIBIT NW Date NORTH 'T'EXAS COMMUNITY CLINIC PRENATAL CLINIC FOR DENTON COUNTY BUDGET FOR COMMUNITY DEVELOPMENT BLOCK GRANT A. Funding of a portion of a salary for a woman's health cam provider; For the period October 1, 1995 to September 30, 1996, the amount of $31,000 shall be used to pay a portion of the annual salary of a woman's health care provider. B. The remainder of funding for this position will come from existing grant funding and from program generated revenues as determined by the clinic. • r+. pfe., u h i-.v. w • Aocnda No. - Ageada liarn._~ Male _ _ s• 1995 - 1996 AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Services Program for Aging Needs, f Incorporated, 1800 Malone, Denton, Texas 76201, a Texas non-profit k corporation, hereinafter referred to as CONTRACTOR. j WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for services to the elderly; and WHEREAS, CITY hap designated the Community Development Office as the division responsible for the administration of this Agree- ment and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the perfor- mance and accomplishment of the conditions hereinafter described. I. TERM This Agreement shall commence on or as of October 1, 1995, and shall terminate on September 30, 1996. II. RESPONSIBILITIES • CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the 'Rork State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR'S representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the • contrary is received from CONTRACTOR, and approved by CITY. i The CITY'S Community Development Administrator will be CITY'S PAGE 1 I • • s E c Agenda No. Agenda Item DatC representative responsible for the administration of this Agree- E ment, III, CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $36,000. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit a, sub- ject to the limitations and provisions set forth in this Section and Section VII of this Agreement, (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement, if adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined, CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for fur- ther payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable fur any cost or portion • thereof whicho (a) has been paid, reimkursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, • or after the ending date specified in Sec- • tion 11 (C) is not in strict accordance with the terms of this Agreement, including all exhib- its attached haretol l l I', • AW0 No, Apent Rem 0att (d) has not been billed to CITY within ninety (90) calendar days following billing to CON- TRACTOR, or termination of the Agreement, whichever date is earlierl or Z (e) is not an allowable cost as defined by Section XI of this Agreement or the project budget. a (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WXTE FEDERAL, STATE and LOCAI.'AAWS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93.383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or • revised, it shall comply with them, or notify CITY, as provided in Section XXIV of thte Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. • B. CONTRACTOR shall comply with all applicable federal laws, • laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official PAGE 3 • • , Agenda N=enter Agenda ItDate motion, resolution or action paused or a an, t into this ; Agreement, B. The person or persons signing and executing this Agree- ment on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed, VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement, • No modifications or alterations may be made in the Work State- ment without the prior written approval of the City's Community j Development Administrator. VII. PAYMENTS TO CONTRACTOR • A. Payments to Contractor. The CITY shall pay to the CON- r + 4 { TRACTOR a maximum amount of money totaling $36,000 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding, PAGE 4 . • • Aords No. AaenU Item 01te B. Exceaa Payment, CONTRACTOR shall refund to CITY within ' ten (10) working days of. CITY 's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR1 or (2) has not been spent strictly in a^cordance with the r terms of this Agreementj or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costa. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed, Disallowed salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; 1 (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY, D, Doobligation of Punds, In the event that actual expendi- ture rates deviate from CONTRV TOR's provision of a corresponding level of performance, as specified in Exhihit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. • E. Contract Close Out. CONTRACTOR shall submit the Agree- ment close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR, vxxz. WARRANTI68 CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate PAGE 5 • is Agenda No. Agenda kem Date s` as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY, 8. Any supporting financial statements heretofore requested j: by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR, D. None of the provision-..yrein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement, F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except ae shown in the financial statements furnished by CONTRACTOR to CITY, Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment, IX. COVENANTS A. During the period of time that payment may be made here- under and eto long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development: Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer. to I be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgag- es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the perfor-40 mance of this Agreement and with respect to which CITY has K ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise digxse of accounts receivables, notes or claims for money due or to become due. PAGE 6 O • ea • Agenda No. APCnda lldm1~~ Vale (3) .tell, convey, or lease all or substantial part of P ' its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser, (5) Sell, donate, loan oY transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer, B. Should CON'PRACTOR use funds received under this Agreement E to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants; (1) That the property shall be used to meet one of the national objectives stated in §24 CFR 570 until August 31, 2006, (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improve- ment to, the property, C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. X. ALLOWABLE COSTS A. Costa shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and S. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may app,zar herein. CITY's prior written authorization is required in order for the following to be considered allowable costar (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of the total budget as • specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds a shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel, PAGE 7 • 4 • ApMda N~~+ Aq¢nda it r, Dan t. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the rcrsonnel Schedule incorporated in Exhibit H, (6) Costs or fees for temporary employees or services. i (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or pur- chase services, equipment, or real or personal property, Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. XI. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such earninar include, but are not limited to, income from interest, usage or rental or lease fees, income pro- duced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR tinder this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed • by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban 1 Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision, These fees or other program income will be deducted from the regular reimbursement request, • C. CONTRACTOR shall include this Section in its entirety in • all of its sub-contracts which involve other income-producing services or activities, D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, consti- tutes program income, CONTRACTOR is responsible to CITY for the PAGE 8 • p • w • DiN repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. XII. NAINTENIINCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the statue of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standz•de for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain -i11 books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the condi- tions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. i D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIII. • REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRAc- TOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. • CONTRACTOR shall submit quarterly beneficiary and financial 0 reports to CITY no less than once each three months, The beneficiary report shall provide detailed client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. PAGE 9 s A0VAa "M DAN ;a - - Unless a written exempt: has been granted by the CITY, CONTRACTOR shall submit an conducted by independent examinero within ten (10) days aftr- aipt of such, w XIV. ~ITORING AND EVALUATION A. CITY sl,a11 perform on-site monitoring of CONTRACTOR'e performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. P. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV. DIRECTORS' MEETINGS During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings _)f its Board of Directors, setting forth the time and place thereof. Such f notice shall be delivered to CITY in a timely mariner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall • be available to CITY within ten (10) working days of approval, 0 XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered tinder this Agreement. PAGE 10 A004 NO. Agtnds MM Dale B. The premise. n and in which the activities described in Exhibit A are conduc and the employees conducting these activities, shall be co~_,.' by premise liability insurance, com- monly referred to as "Owner/'Ie..ant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements, C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files, E. Actual looses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR, XVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative j Action Federal provisions, within thirty (30) days of the effective date of this Agreement, B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR Will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations, • D, In the event of CONTRACTOR's non-compliance with the non-discrimination regvirements, City may cancel or terminate the Agreement in or in part, and CONTRACTOR may be barred from further contracts with CITY. XVIII. • PERSONNEL POLXrIES • Personnel policies shall be established by CONTRACTOR and / shall be available for examination, Such personnel policies shall, A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, ealary and wage rates, working hours and holidays, fringe PAGE 11 0 Ape~id~ No. Agenda Item ` benefits, vacation and sick leave privileges, nW 'r B. Be in writing and shall be approved by the governing body of CONTRAC'T'OR and by CITY. RTE. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CON- TRACTOR further covenants that in the performance of this Agree- meet, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivav.Bd by desire for private gain for himself, or others, particulariy those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his pa:sonal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interesti or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR'e governing board. The term "member of immediate family„ includesi wife, husband, son, daughter, mother, father, brother, sister, • in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, ® and no portion of the funds received by CONTRACTOR hereunder shall • ` be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. . PAGE 12 - w • Agenda IJo. Agenda flem DAN S. None of the performance rendered hereunder shall involve, F and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religi.~us facility or activity. XXII, PUBLICITY A. Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton having made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or tl.tle page; This document is prepared in accordance with the City of Denton's Community Development Block Grant Pro- gram, with funding received from the United States Department of Housing and Urban Development. C, All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the i property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures; b . A. When the application is in the planning stages, CONTRAC- TOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder, PAGE 13 a~ Apurd,~ fJO, Agenda Item D~lO rt Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY, XXIV. CSMGXS AND AMMMKNTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement, In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement, C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B, D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modi- fications are to be automatically incorporated into this Agreement withour. written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation, E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior A written approval of CITY. 0 . G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. PAGE 14 0 r Agenda 110. Agenda Item. Date _ Pao- I. It is expressly understood that nei of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSMUSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days, At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION MI may be effectuated. XXVI. TXRNINATION A. CITY may terminate this Agreement with cause for any of the following reasons. (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as providod in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR; (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement 0 substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- PAGE 15 ,i • E' { =Dgato tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. y; (6) CONTRACTOR's inability to conform to changes 4 ti required by Federal, state and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agree- ment. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to ) which CONTRACTOR is bound or shall be bound under the terms of the Agreement. i. . CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination, Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B, 8, CITY may terminate this Agreement for convenience at any 4 time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will he paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount: which bears the name ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder, CONTRACTOR may opt, within the limitations of this Agreement, to reek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this • Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, wic:hdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement, CITY shall riot be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred • after the termination date, • • E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of PAGE 16 • O • • App ' No. 'bends iterrr ' 9 om damages due to CITY from CONTRACTOR is agreed upon or of i determined. e XXVII. NOTIFICATION OF ACTION HROU=T In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTO.1, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action! the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceedings the basis of such claim, action or proceedings and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXVIII. IN0MOIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. 8. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. • XXIX. MISC8LLANSOQ9 A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. H. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more PAGE 17 • n+te instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omis- sion in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether I written or oral, shall have no force or effect whatsoever nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- ly responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO CONTR.ACTQ$: ti City Manager Director City of Denton Services Program Aging Needs 215 E. McKinney Street P.O. Box 13927 Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this Agreement has been executed on this • the day of 1995. CITY OF DEbTTON • BY: BOB CASTLEBERRY, MAYOR • • PAGE 20 • 77 rr • APmdt No. Ap na +hm 00 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: 4 SERVICES PROGRAM FOR AGING NEEDS BY: AL MURDOCK DIRECTOR ATTEST: BOARD SECRETARY • PAGE 21 Q 4 t , w ,v s~r 4r~ i. c f1 .r ~~~;ii:. .ash.; t 1!ti , _ Oala EXHIBIT "A" WORK STATEMENT SPAN SPAN will provide 6,268 congregate meals and 1,517 home-delivered: meals to elderly citizens at the Denton Senior Center, Martin Luther King Center, and Heritage Oaks Community Center, SPAN will provide 910 hours of homemaker services to frail and low income residents of Fairhaven, i • r. , 1 1. • ~ ; F f 1 ~ SV J c ' . 0 1 i ( G a NO, EXH031T IIBI' SPAN CDBG & GENERAL FUND BUDGET City of Denton General Fund . . . . . . . $26,000 Congregate Meals . . . . . . . . . . $20,800 Home Delivered Meals :......................:.......:....:::.::..$5,200 CDBG Funding ..........................:....:...:......::...$10,000 Homemaker Services . . . . . . . . $10,000 p J4 • ea • DENTON ozVofloaoa000 , 9 4,- o o a Q j 0000 ~ ~ , ~ 0000 aaQOooooo 1 1 COUNCIL o~ • to • - tt q WOO CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the 11ty Council FROM: Lloyd V. Harrell, City Mar,,!eer SUBJ: Consider adoption of up. ordinance authorizing the Mayor to execute Amendment Nu, I to the agreement between the City of Denton and Texas Woman's University dated February 7, 1995 to allow for additional time for expenditure of funds, RECOMMEENDATION: The Community Development Staff recommends approval, BACKGROUND: Texas Woman's University has requested an extension of the 1994-1995 contract to provide health care. The current contract was executed on Februaty 7, 1995 and ran from October 1, 1994 to September 30, 1995, Due to various factors including the delayed execution of the current contract, Texas Woman's University has not spent all 1994 funding. It is projected that all funds will be expended by March 31, 1996, SUMMARY: This ordinance will amend the 1994 contract to extend the term until March 31, 1996. The 1995 contract term will begin on April 1, 1996, Staff is working with all agencies to adhere to a standard contract term of October 1 through September 30. 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED, • Program Beneficiaries Texas Wornan's University Community Development FISCAL IMPACT: 6 'flee contract and funding had been approved previously and CDBG funds were allocated to the activity. No additional fiscal impact is anticipated. r • `II • M* No. 11anrM 11tH - om ^ - Respect y su mitt Lloyd V. Harrell City Manager Prepared by; Derrick Collins Human Services Coordinator Approved; IS & Robbins, AIC Executive Director f t Planning and Development i • I I A~r I V, 7' Vj ea Vw~4~ AO"ns No. ~4enda $fem ORDINANCE NO.~'~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY, DATED FEBRUARY 7, 1995 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS1 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council has determined that it is in the beat interest of the citizens of the City to extend the terms of the Agreement Between The City Of Denton And Texas Woman's University Dated February 7,1995 in order to allow time for the expenditure of funds for TWU C.A.R.E.S. 1 and WHEREAS, Amendment No. 1 to Agreement Between The City of Denton and Texas Woman's University dated February 7, 1995 extends the terms of the Agreement to allow additional time to expend funds for TWU C.A.R.E.S.i NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,$KCTION I. That the Mayor is authorized to execute Amendment No. 1 To Agreement Between The City of Denton and Texas Woman's University dated February 7, 19950 a copy of which is attached hereto. SECTION II That this ordinance shall became effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERSp CITY SECRETARY i BY: • APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY • ° • • BY: 1-vPl ~lVJ. kl1 . O 1 Cj • < t y i r.. i •.i~ i t way ~iF,i rs e 'r Agenda No. £ Agenda Item Me ANENDNENT NO. 1 TO AOREENE THE CITY OF DENTON AND TEXAS VOKAN'8 UNIVERSITY, DATED FEBRUARY 71 1995 F WHEREAS, on February 7, 1995, the CITY of DEN'TON, DENTON I COUNTY TEXAS, hereinafter called "CITY", and TEXAS WOMAN'S UNIVERSITY, hereinafter called "CONTRACTOR", entered into an Agreement Between the City of Denton and Texas Woman's University for the expenditure of funds for TWU C.A.R.E.S. a primary health clinic, hereinafter called "Agreement"; and WHEREAS, CONTRACTOR was unable to expend the funds set forth in the Agreement within the time set forth in the Agreement; and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Agreement to allow CONTRACTOR additional time for expenditure of funds; NOW, THEREFORE, W I T N E S S E T H: ARTICLE I. Section I, TERM of the Agreement which states: This Agreement shall commence on or as of October 1, t 1994, and shall terminate on September 30, 1995, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the community Development Office on or before the Agreement termination date. is hereby and herewith deleted from the Agreement and replaced with the following: This Agreement shall commence on or as of October 1, 1994 and shall terminate on March 31, 1996 unless extended by the CITY. Requests for extension must be in writing and • are to be submitted to the Community Development office on or before the Agreement termination date. ARTICLE II. Except as specifically amended herein, the terms and i conditions of the Agreement, as executed by the parties on the 7th e? , day of February, 1995 shall remain in full force and effect. t is d _ 0 • 1 • Y r r Ago* fin ARTICLE III. Date This Amendment shall become effective September 10,1995. Executed this Day of , 1995. CITY OF DENTON, TEXAS BY: Bob Castleberry, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNRY BY: ~~t=~nc TEXAS WOMAN'S UNIVERSITY BY: TITLE: • • 1-up4\twu.xt1 1 ~r fit • • t i r i rti 4 i if it • n ~.w•..ra•r..., u . r.. r 1 y( , 4t fF ~ r lr ; s t i 1 c 1ss K ~1{ I^C~4• kr . S r *~rF , f '7 ~ ,~CTr1,r r ~ i r, } 1 i4 4 ~d.Y4 Y✓, stC~ jrtx'~-~ d} z 1..k. e. < i .q.• 1 r r 7 y.'~_. i i b. t+vCAre.0 - - - AM* N&. ADWS Ram Oafs ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Texas Woman's University, in consideration of the valuable public services to be furnished by Texas Woman's University to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and Texas Woman's University to provide funding to TWU Cares, a primary health care clinic, and authorizes the Mayor to execute said Agreement. SECTION IT. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement, SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the day of 1995, i BOB CASTLEBERRY, MAYOR 9 I ATTEST: JENNIFER WALTERS, CITY SECRETARY , • BY ' AP VED TO LEGAL FORM: MI EL A, SUCEK, ACTING CITY ATTORNEY ~A • _ w • nORa1R2Q£NT BETWEEN 1'E3r CITY 0 AND TM3 WOMAN'S UNIVERSITY ! AOe~dirtl Rte-- . ~ese This Contract is made and entered into n etween the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Texas Woman's University (TWU C.A.R.E,S.), Denton, Texas 76204, TWU C.A.R.E.S. hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S, i Department of Housing and Urban development under Title I of the Housing and Community Development Act, of 1974, as amended, and1 WHEREAS, CITY has adopted a budget for such funds and included therein an ;authorized budget for expenditure of funds to Texas Woman's University which sponsors a health clinic, and; J WHEREAS, CITY has designated the Community Development office as Ehe division responsible for the administration of this contract and all matters pertaining thereto, and; WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agret, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Contract and agreement shall commence on or as of October 1, 1994, and shall terminate on September 30, 1995, unless extended as provided herein, zz. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- j • mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S Vice President for Fiscal ~Vfairs to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. • • • The Community Development Administrator, will be CITY's repre- sentative responsible for the administration of this contract. r Page i • • { t CITY'S OBLIGAT Ape" a o for A. Limit of Liability. CITY wil expenses incurred pursuant hereto in Ae ro ect budget included as a part of Exhibit B. nding any o her provision of the Contract, the total o her obligations made or incurred by CITY hereunder all not excee the sum of $20,000, s, measure of Liability. In consideration of full and a satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VIr of this Contract, (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Contract. If adequate funds are not available to make payments under this Contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If CDBG funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) it is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; • (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; ' (d) has not been billed to CITY within thirty • • (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; Page 2 • i° Aw~+ tum (e) is not an allowable cost as defined by Section XI of this contract or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH rXDXRAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this contract are funds which have been made available to CITY by the Federal Government (u.S. Department of Housing and urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR. must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIII of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of Management and Budget Circulars • Nos, A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. RURSUNTATIONS • A. CONTRACTOR assures and guarantees that it possesses the • legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. S. The person or persons signiny and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute Page 3 • w • Ik wow this contract on behalf of CONTRACTOR and Liu egally bind CONTRACTOR to all terms, performances and provisions herein set forth. f C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has N' suspended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be 3 substituted for funds and resources from other sources, nor in any J way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. vI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's Community Development Coordinator, E s; VII, , • PAYMENTS TO CONTRACTOR 6 A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $20,000 for services rendered under this Contract. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY • has received supporting documentation. CITY shall not pay in any y three month period more than twenty-five (25k) percent of the • 0 maximum amount specified above. Funds are to be expended primarily as shown in the Budget, Exhibit B. Page 4 , • w • Apends Me. r, Apenda hem Date e S s 9. Excess Payment. CONTRACTOR shall refund to CITY within ten (i0) working days of CITY's repeat, any sum of money which has been paid by CITY and which CITY at any time thereafter determines; (1) has resulted in overpayment to CONTRACTORi or, (2) has not been spent strictly in accordance with the terms of this Contractl or (3) is not supported by adequate documentation to fully justify the expenditure. . C. Disallowed Costs. Upon termination of the contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to such federal agency within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Doobligation of Funds. in the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to r.eappropriate or recapture any such under- expended funds. E. Contract Close Out. CONTRACTOR shall submit the contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within fifteen (15) working days following the close of the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following • format: (1) A TWU check for the net aggregate amount payable to the City of Denton! I F (2) A listing showing the Social Security .number, full name, last known complete address and the amount owed to each A person involved. VIII. J WARRANTIES CONTRACTOR represents and warrants thati Page 5 , - Apr& R& AWAI l , A. All information, reports and data heretofore or hereafter j; requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. t S. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. None of the provisions herein contravenes or is in con£litt with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR, D. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. Bach of these representations and warranties shall be continst- ing and shall be deemed to have been repeated by the submission of each request for payment. Ix. COVENANTS Duti..&g the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representative: A. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become • due. B. Sell, conv(-y, or lease all or substantial part of its assets. C. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or • accommodation endorser. • • X. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with Page 6 1 - I 1 J i a a► r Aae,,di % late r , this Contract and in conformance with the standards and p s of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein, CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for personnel costs as specified in Exhibit B. E (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Ours of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted, i (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit S. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences, written requests for prior approval are CONTRACTOR's responsi- Li?.ity and shall be made within sufficient time to permit a thorough review by CITY, Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any r procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. • F xI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funcling provided or • received hereunder. such earnings include, but are not limited to, • income frcm interest, usage or rental or lease fees, income produced from contract-supported eervices of individuals or ✓ employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract, Page 7 • C.) r ' ~oenea „~,r ~ 4arnda item E, CONTRACTOR shall include this Section in its all of its sub-contracts which involve other income-produce services or activities, XII. ti MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the statue of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State requlations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts, B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for three years. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract, D. At any reasonable time, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, records pertaining to this Agreement and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and data requested by said representatives, X111. REPORTS AND INFORMATION O At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial • reports to CITY no less than once each three months, with the first e reports due on or before Decsmber 1, 1994. The beneficiary report shall provide a detailed description of client information, inclu- ding race, income, female head of ,.-)usehold, The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section r of this Contract. Page 8 • 0 Awe# No._ DD ate, Apenda Item slv. MONITORING AND EVALUATION E; A. CITY shall perform on-site monitoring of CONTRACTOR's E performance under this Contract. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or revelatory bodies to CITY within five (S) working days of receipt by CONTRAC- TOR. Xv. INSURANCE All doctors and nurses providing care to patients shall be required to maintain professional liability coverage of no less than One Hundred Thousand Dollars ($100,000) to insure the services provided under this contract by such professionals. XVI. . EQUAL OPPORTUN1 Y A. CONTRACTOR shall comply with the Equal Employment and Affirmative Action Federal provisions, B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. Page 9 i ti t Apends No.., AgVda Item XVII. Datt PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. 7IVIII. ~ CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of ita governing body. E, CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Contract or the Proceeds thereof. XI%. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, • husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. xx. POLITICAL OR stcTARIAN ACTIVITY • A. None of the performance rendered hereunder shall involve, j and no portion of the funds received by CONTRACTOR hereunder shall • be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. Page 10 • ' ~O~nda Ne, t APMda item Gate a, None of the performance rendered hereunder shall invo v , and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration., or be utilized so as to benefit in any manner any sectarian or religious facility or activity. XXI. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall pub- licize the activities conducted by CONTRACTOR under this Contract. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton having made the project possible B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. When material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title, page: This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. XXII. FUNDING APPLICATIONS CONTRACTOR agrees to notify. CITY each time CONTRACTOR is „i preparing or submitting any application for funding in accordance • with the following procedures; • 0 A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Pa&+e_ll e w • AgenP~ No. A9endf Item Date fr+ such notice shall be submitted to CITY, in ti n ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program descrip- tion, and contract. s: C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under eny federal or private program without the prior written consent of CITY. XXIII.' CHAN3ES AND AXWV,3WT3 'j A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used, B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation, } • E. CITY may, from time to time during the term of the r. Contract, request changes in Exhibit A which may incluce ar ii increase or decrease in the amount of CONTRACTOR's ccmpensatiLc:, Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section, • F, Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior e written approval of CITY, 3. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. Page l2 • O • • A900 N0. Apendi Item H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. I, It is expressly understood that neither the performance of j. Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. e XXIV. k TERMINATION n A. CITY may terminate this Contract with cause for any of the F following reasons: (1) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (2) Termination or reduction of funding by the United states Department of Housing and Urban Development. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other furidincg sources specified in Exhibit B. B. CONTRACTOR may terminate this contract in who?.e or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder, CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in j question. CONTRACTOR may terminate this Contract upon the dissolution of 1 CONTRACTOR's organization not occasioned by a breach of this ` j Contract. C. upon receipt of notice to terminate, CONTRACTOR shall 0 cancel, withdraw, or otherwise terminate any outstanding orders or , subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. XXV, • NOTIFICATION OF ACTION BROUGHT • In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, which may invoke this agreement, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action, Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and Page-13 • 0 • Q • r AWda No, AWds Item Data i addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding) the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail, ZXVI. XISCELLANIOUS t A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY B. if any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in f.11 force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved, No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or czher commitment antecedent to this Contract, whether y written or oral, shall have no force or effect whatsoever; nor 1 shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- • quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract. E. For purposes of this contract, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below; • TO CITY; TO CONTRACTOR; ' • • J City Manager Robert O, BenfiPld City of Denton Vice President for Fiscal Affairs 215 E. McKinney St, Texas Woman's University Denton, Texas 76201 Denton, Texas 76204 Page 14 • • LA90r"k w day OF HIGH this Agreement ha the wday of 19AT . , CITY OF DENTON TEXAS WOMAN'S UNIVERSITY (TWU C. A. R. E. S BY. BY L HARRELL, R09E T 0 SEN I£LD, CITY MANAGER VICE PRE IDENT FOR FISCAL AFFAIRS ATTEST: ATTEST: JENNIFER WALTERS, CITY SECRETARY SECRETARY i ply. V. L-rg d- 4 BY AP OVED AS TO LEGAL FORM: MIKE BUCEK, ACTING CITY ATTORNEY BY: r . . Page 15 0 s ua i r EXHIBIT "A" STATEME',If OF WORK TWO No. The Texas Woman's University, College of Nursing sponsors a rl aryaf~ collaboration with the Denton Housing Authority, The center is Owl Ohio p%-P^F4 Phoenix Apartments, a multi-family housing project managed by e Denton F9005111y Auk 011 y. The health center Is a nurse managed facility staffed by two master's prepared Community Health Clinical Nurse Specialists, the center nurse manager and the assistant manager, Their ere salaries are paid for by a Federal grant and Uniite client carteing pIn taddition, theh student cld (Nurses working an advanced degrees In nursing provide experience, Faculty supervise student learning. The purpose of the health center Is to provide high quality, accessible health care to the very low Income population of Denton who have no health Insurance or who have difficulty finding medical or dental health providers who will accept medicaid. Nurses provide health services to people at low or no cost. All funds accepted are based on ability to pay and funds are used to pay for replenishing supplies and to pay medical costs for clients. Through a combination of on-site services and referrals to local medical processionals who have agreed to cooperate on a volunteer basis and/or accept partial payment the center has been able to develop an effective system of health care delivery. Health care delivery services Include health promotion, screening procedures )mmunizatlons, medical and dental treatment case managemen f clients, counseling, and education. • t i St r t ,r. s 9 +il 1, • r ?11229S, .11 46 "8611 $96 3416 11011 CONT $DUC ~U08 Apemd+ No. Agenda Item TEXAS WOMAN'S 011IMBITY TWV CA.A.E,S, HEALTH CENTER Conmunity Development Block Grant pROJECTXD BUDGET Decenber 1, 1994 - sePt=mber 30, 1995 PERSONNEL Senior Staff Nurse (x•N ) 5 9,950 Salary, 10 months, 15 hrs/wk, .40 FTE 1,493 Fringe benefits $ 15,443 Total salary Dental Hygiene Student $ 2,891 salary, 15 hra/uk x 44wks 8 $ 4,38/hr. 434 Fringe Benefits g 3,325 Total Salary Dental sygiene Student g 2,891 salary, 15 hra/wk x 44vk3 $ $ 4,38/hr. Fringe Benefits 43d to 3,434 Total salary SUPPLIES (Consumable items) $ 1,907 0 Supplies for Physical b Dental Exams. (i.e., latex gloves, goons, tongue uladss, cotton, etn.) • GRAND TCP2!L $ 200000.00 V , • cD a DENTON 0000 oo~op oo°~ ~ ''goo p~ D qG ~ Q ~ o 0 0 ° o ~ o c::3 d 00 ~ pCo Opn O N, 1 ~o°° e r e ~ • a CITY COUNCIL • q -0317 Agenda Ro.. air D a i~ctobar 17, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE 1995 TAX ROLL RECOMMENDATION: Staff recommends approving the 1996 tax roll. SUMMARY: The approval of the appraisal roll and the tax roll is an annual process required by the Texas Property Tax Board, These steps are required to make the tax roil legal. As you recall, Council approved the appraisal roll in September, Since that time, staff has developed the tax roll by using the 1995 tax rate to calculate the amount of tax due for each account on the appraisal roll. A copy of the tax roll Is located in the City manager's conference room for your review. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All the General Fund departments that are supported by property tax revenue will be affected by the approval of the attached ordinance. FISCAL IMPACT: The total tax levy on the 1996 tax roll is $10,774,354,55. The 1995-96 anticipated collected rate is 99.896. These funds will be used to cover maintenance and operating expenses as well as debt obligation, Respe Ily submitted: Lloyd V, Harrell City Manager prepared by: Jon; rlune. Ch1e} inence ONicer Approved br Le ~ l-~•:rSt, j Kathy ose, aecutive Director of Finance 4 ! AFFOOFC3 • a • _ Fr I.,, dx. r,,, 4a Qrr~ h`'rn ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city council hereby approves the 1995 Tax Rolls of the City of Denton, Texas in the amount of $10,774,354,55 based on the Certified Appraisal Roll as approved by the Appraisal Review Board of the Denton Central Appraisal District, SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. POS CASTLEBERRY, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i. J BY.az a , i1 t.r f r ti.. 0 0 W ;,p DENTON OOO O F D o0oz pp~~ 00 ~ O~ oD qo ~ o c~ c n a o 0 0 00 a~ 0 pro ~ r ~ pp0 000 ~ N . ~ ~ ooo° °ooaa°oao°° CITY COUNCIL ~i r - 0.3 7 A~ ~ r 4h1, ApMda nen+ - >~3a3~C DATE: c obey 17, 1995 CITY COUNCIL R$PORT_FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Approval of an ordinance setting guidelines for operation of the City of Denton's Homeowner Rehabilitation Program. Eligibility criteria as set forth in the program guidelines for the purpose of authorizing expenditures in excess of $15,000 for projects meeting guidelines and criteria. RECOMt, ATI0I~1 Community Development staff recommends approval of this ordinance. BUMly1RY1 Approval of this ordinance adopts the Homeowner Rehabilita- tion Program guidelines (provided Council under separate cover) and authorizes contractor payments exceeding $15,000. This program allows for rehabilitation of a structure at a maximum cost of up to HUD's Federal subsidy limits for Denton, city Council will not be required to approve individual projects or project expenditures. BACKGROUND: City of Denton ordinance 93-182, Item 10.30, Section B, states that any project or purchase that exceeds $15,000 must be approved by City Council to comply with State statutes. The maximum expenditure for a rehabilitation project will exceed this $15,000 limit. The Community Development Homeowner Rehabilitation Program Guidelines set forth eligibility criteria for expanding Federal Grant funds to rehabilitate a project. These guidelines adhere to the rules and regulations as set forth by the U. S. Depr,.rtment of Housing and Urban Develupment (HUD) regarding project cost limitations and eligible income ranges. criteria for monitoring and approving applicants anu project expenditures are defined in this program's guidelines, e Monitoring visits by HUD officials are made on a regular basis to ensure that Federal regulations are adhered to. Contracts are between the homeowner and the contractor. Payments to the general contractor are made following a request by the contractor based on approval by the property owner., Community Development Inspector and the communit • w A' Report Format Aoindi ngm October 4, 1994 Page 2 Development Administrator. Final payments on all projects are also contingent on approval by the city's plumbing and electrical inspectors. i Community Development staff estimates 12 to 15 rehabilita- tion projectb will be conpleted during the 1995-96 budget year. Most projects will exceed $150000, For efficiency in administering these programs, it is recommended by the City's 7ommunity Development staff that the program guidelines and kxpenditure limits be approved by City Council once annually rather than requesting approval of expenditures for each individual project. Approval of this ordinance is requested on an annual basis to be in compliance with State statutes. P929I Ma. DEPARTMEMTB CR OACDPA AFFECTED: The Community Development staff will administer this program in compliance with Federal regulations. FIBCAL IMPACTS N\A Respec ully subm tted: i i Lloyd V. Harrell City Manager Prepared by: • Nancy HaI r y ~ - Communit Development Office t Approved: Frank obb,s, AICP Director f Planning & Development • 0 • • fo\wpccs\ord\horaown.o App Mo. _ Aver$dt ; 00 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXASr APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton participates in a Homeowner Rehabilitation Program administered by the City of Denton Community Development office and funded through a federal grant from the Department of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That it approves the Homeowner. Rehabilitation Program Guidelines and Homeowner Rehabilitation Program Eligibility criteria which is attached to this ordinance as Exhibit "A" and authorizes the city of Denton Community Development Office to administer this program. SECTION II. That it authorizes the expenditure of funds in excess of $15,000 by the Community Development Office for projects meeting program guidelines and criteria. SECTION III. That this ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the day of , 1995. • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY v _ BY: i Lam. I r r-~ ,.fir r Alo, k CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM GUIDELINES r. • q 5s TABLE OF CONTENTS Awda item Dale t' r INTRODUCTION DESCRIPTION OF PROGRAM PROCEDURES >t, I ELIGIBILITY REQUIREMENTS II APPLICATION PROCESSING III DESCRIPTION OF FINANCIAL ASSISTANCE CATEGORIES S IV FEASIBILITY FOR REHABILITATION PROCESS 6 v APPEALS PROVISIONS VI CONTRACTOR SELECTION AND MONITORING vII PAYMENTS TO CONTRACTOR VIII CONTRACTOR DEBARMENT GENERAL TERMS AND CONDITIONS MINIMUM REHABILITATION STANDARDS ;j i APPENDICES 1. Carrying Out Energy-saving Requirements for Single-Family Buildings 2. section 8 Existing Housing/Program 7. QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF • DENTON'S FEDERALLY ASSISTED PROGRAMS STANDARDS OF WORKMANSHIP GENERAL SPECIFICATIONS - 1.0 i P INTRODUCTION The City of Denton Homeowner Rehabilitation Program is des o assist low and moderate income families in securing safe, san and decent housing, This program's objective is to rehabilitate single-family owner-occupied houses by making needed repairs with the first priority being to correct code violations. The Homeowner Rehabilitation Program is administered by the City of Denton's Community Development Office and is funded through a federal grant from the Department of Housing and Urban Development. The Community Development office is located at 100 West Oak street, Suite 208, Denton, Texas 76201 - or call (817) 383-7726. The following pages contain a detailed description of the program , including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Homeowner Rehabilitation Program and types of assistance available. For further information or clarification of the guidelines, contact the Community Development Office at (817) 383-7726. • • AO!r;'~ hb. Ago" Mem DESCRIPTIOM OF PROQ_AM PROCEDURES s i 't: lit fry i~ ii: • w • DESCRIPTION OF PROGRAM PROCEDURES I. ELIGIBILITY REQUIREMENTS - Eligibility requirements must be met for both the applicant and the structure for an applicant to receive rehabilitation F assistance, A. APPLIC T HOUSEHOLD ELIGIBILITY REOVIREHENT3 ARhi r 1. Must be a United States citizen or a legal resident alien, 2. Must have owned and occupied the single-family-dwelling unit for t not lees than two years, 3. Must hold a Fee Simple Title to the property. NOTE: If rpplicant is purchasing the boo* by a •contract for daede (or a like contract), where applicant does not gain possession of the property deed until all contract agreaaents have been net, applicant is not eligible for rehabilitation assistance. Tho "1-1" Boat yrs ids the pachassr .With a Warranty awn an the property to satisfy tha slizibilt ty reauirament of item x.a.a, aba". 4. Must be willing to have existing property code violation(s) corrected such as high weeds, trash, debris, junk vehicles, etc. 5. Must meet income limitations, a, Gross annual total household income le 80 percent or below Denton's current Area Median income as established by HUD. current maximum income limit by household eiaa iss NUMBER OF PEOPLE 80% of Denton's AMI LIVING IN HOUSEHOLD (MAXIMUM _INCOME LIMIT) 1 $26,300 2 $30,100 3 $33,850 4 $37,600 5 $40,600 6 $43,600 7 $46,600 8 or more $49,650 b, Must not have assets (total combined for all household members) in excess of $1000000. NOTE II The appraised value of the applicant's how is excluded in total assets calculation. NOTE 21 Annual income and asset income are calculated using the most current guidelines and rules an established in the Techni- cal Guide for Detern nlag Yncome. 6. Must be in good credit standing with gIl$ exhibit the ability to { pay creditors for the following basic housing expenses: a. Rome Mortgage Payment b, Loan payment (when owner's property is collateral on loan) c. Property Taxes (City, County, DISD) d, Homeowner's Insurance Policy premiums e. Utilities electrical/water/sewage/eolid waste and gas Program Procedures - Page 1 ♦ 0 , • • Agenda too. Agenda 11am _ B. PROPERTY ELIGIBILITY REOUIkEMENTS Dafe,,,~,~:unit, i' 1. Must be classified as a oingle-family-dwelling s tua ' the city limits of Denton. i 2. Must exhibit building code deficiencies that make the structure unsafe or unsanitary. 3. Must be serviced by a city-approved water supply, sanitary sewer and electrical system. 4. Must be feasible for rehabilitation as defined in section III of the Program Procedures. 5. Must be covered by an approved homeuwner's insurance policy, NOTEi If an applicant's property is not currently insurable because of its present condition, the applicant must obtait, a homeowner's insurance policy quote (from any reputable insurance agency). The quote should La basea on the after-rebabilition structural status. Applicant should inform agent that the structure will be rehabilitnted to meet al current Building, Electrical, Plumbing and Fire-Safety codes. Applicant us provide this quote to the Community Development office and sign a NOTICE OF INTENT NM AO!(E'ENENC TO OBTAIN A HOMEOWNER INSVRANCE POLICY to satisfy eligibility required in item I.N.S. 6. A property that has been previously rehabilitated with Federal or State grant funds is subject to waiting yerio and dollar limitations when being conjidered for additional rehabilitation. These limitations, as set forth by the Community Development office, area IF THE TOTAL COST THE WAITING THE MAXIMUM AMT OF - OF PREVIOUS REHAB PERIOD MUST FUNDS ELIGIBLE FOR WAS IN THE RANGE Of HE AT LFAST ADDITIONAL REHAB 181 $10,999 or below 7 years 808 maximum allowed $11,000 - $16,999 8 years 708 maximum allowed $1.7,000 - $19,999 10 years 608 maximum allowed $20,000 or above 15 years 508 maximum allowed II. Z1 PLICATION PRUCESBINO A. A person whose household's total gross annual income does not exceed current program income limits aA who is the owner and occupant of a single-family dwelling unit in the city limits of Denton is eligible for placement on the Homeowner Rehabilitation Program Waiting Lief. R. To be placed on the Waiting List, owner must complete a Wait u,g List Application Form. Forms are available at the Community Development Office, 100 West Oak street, suite 208, Denton, Texas, (817) 30-7726. C. A completed Waiting List Application Form is assigned the next available number on the Waiting List in order by time anG date the completed application is received by the Community Development Office. i D. When applicant reaches the top of the Waiting List, he/she will be notified to complete the application process, The Community ® Development Office will mail a Letter of Notice to Apply for Assistance. This notice will give a dga"}ine date by which the a • applicant must schedule an appointment with the Community Development office to complete the application process. Any applicant who does not contact the Community Development office by the deadline date will be removed from the Waiting List. The Letter of Notice to Apply for /:asistance requests applicant tot i i Program Procedures - Page 2 Ga 0 Aplndj No. ` i Apenda Item BRING ALL ITEMS LISTED BELOW THAT PER A UR HOUSEHOLD TO E non_n_T.'(TMENTi? - copy of Deed or Warranty Deed for the property to be rehabili- tated (applicant must be deed holder) • Name and mailing address of your mortgage company if you have a s' mortgage payment" Homeowner insurance policy with "paid" receipt or canceled check • Current year's "paid„ Property Tax receipts from DISD, City and a County tax offices. • Moat current Notice of Appraised Value from the Denton Central Appraisal District • Current year's Income Tax Return with W-21s for each household Lnembpr who filed tax returns • Most current Social Security income statement (if applicable) r Paycheck stubs for last four weeks for each employed house of 1 member Employer's name and mailing address for each employed household argber • Names and addresses of retirement income or any other income sources (ALL INCOME SOURCEe MUST BE DISCLOSED--RETIREMENT, RENTAL/HAP INCOME, AFDC, FOOD STAMPS, ETC.) _ • Divorce decree if you receive child/other support from a divorce or if you were awarded deed to your property through a divorce • Name, address and account number(s) of all banks, credit unions, savings banks, IRA accounts, etc, for all household members who have any of these types of accounts Bills for the last six months from Lone Star Gas and city Utilities. If you don't have last nix months bills, Lone Star Gas OR City of Denton Util's will mail you a summary. E. Applicant must provide all information requested in II.D. above that applies to hie/her household and complete all required verification forms in the application packet. All Information will be verified by Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply to this program. F. Community Development staff will calculate the gross annual household income and determine the percent of income spent for housing expenses, G. Community Development staff will notify applicant of the financial assistance category he/she is eligible for under the program guidelines. Applicant will be notified that final eligibility for assistance is determined upon completion of the feasibility for rehabilitation process. ILI. DESCRIPTION OF FINANCIAL ASSISTANCE CATEGORIES The City of Denton has three financial assistance categories for those who qualify for the Homeowner Rehabilitation Program. These categories ara based on the Qualifying Income Limits and Ranges for the city of neLton'a Federally Assisted Programs (see appendix J to these guidelines for current income limit ranges). A description of the financial assistance categories and their requirements area A. 50 Percent Rehabilitation Loan / 50 Percent Deferred Pavment Loans Clients whose gross annual household Income falls above 65 percent 0 up to BO percent of the area median family income limits will r qualify for this two-part loam 1. a 3_ ercent intereet loan with the loan amount being based on 50 percent of the total project coat amortized over 120 months. The lien will not be released on this part of the Program Procedures - Page 3 • r AQende ~ ; ADend~ lfeM Dory loan until all 120 payments are recall by t of Dentonl and 2. a deferred Payment loan with the loan amount being base:on percent of the total project cost. A detailed description of the deferred payment loan is found below after section V1I,C, H. 25 Percent Rehabilitation Loan / 75 Percent Deferred Payment Loans clients whose gross annual household income falls above 50 percent up to 65 percent of the area median family income limits will qualify for this two-part loanj ti r 1. a 3 percent interest loan with the loan amount being based on 25 percent of the total project cost amortized over 120 I• months. The lien will not be released on this part of the loan until all 120 payments are received in full by the city of Dentonl and 2, a deferred payment loan with the loan amount being based on 75 percent of the total project coat. A detailed description of the deferred payment loan is found below after section VII.C. C. 5.Percent Rehabilitation Loan / 95 Percent Deferred Payment Loan Clients whose gross annual household income falls At 50 percent or below of the area median family income limits will qualify for this two-part loanl 1. a 3 Percent interest loan with the loan amount being based on 5 percent of the total project cost amortized over 120 months. The lien will not be released an this part of the loan until all 120 payments are received in full by the city of Denton) and 2. a deferred payment loan with the loan amount being based on 95 percent of the total project cost. A detailed description of the deferred payment loan is found below after section VII.C. *DESCRIPTION OF DF,FERRED PAYMENT LOAN A deferred payment loan shall carry 0 percent interest and continues until the applicant satiefies the conditions listed in the promissory note executed prior to project start date. There are no monthly payments. Deferred payment loans are secured by a lien on the property. For each month the homeowner liven on the property, 1/120 of the total deferred payment loan amount will be forgiven. If the rehabilitated dwelling in sold or transferred before the lien period expires, the homeowner Is credited for every month of residency. The credit is subtracted from the total loan amount to determine the unforgiven loan balance. The unforgiven balance is owed and becomes due to the Community • Development Program upon sale or rental of the property. Amounts received are used as program income. The City of Denton will be in the let lien position on all rehabilitated dwellings. However, in situations where lat lien position is not feasible, the city will accept , lower lien position subject to the review and approval of the Community Development Administrator. The lien will not he released unless the following conditions are met: • 1. The homeowner must reside in the unit for the full period of r the lien. 2. The property must be maintained to meet city code require- ments, c 3. Mortgage payments must be met on a timely basis. l Program Procedures - Page 4 • e Apeoda No. - t Aoeeda Item 4. Homeowner must provide documentati rpm daga-te 41 insurance, including casualty and must be listed on the Certificate of Insurance to be notified in case of policy cancellation, NOTE) Contracts require the owner to, upon completion of the rehabilitation, maintain and/or purchase, for the full length of time which the City of Denton will have a lie,, on property, an insurance policy thatr covers all improvements resulting from the rehabilitation for their full insurable value) provides fire and extended coverage, including windstorm coveraget provides flood insurance at any time property in in a flood hazard area. Owner agrees to comply at all times with the requirements of the 80 percent coinsurance elauset and keep any buildings occupied as required by the insurance policy, 5. If within the period of the lion the homeowner defaults on their deferrer, payment loan, and/or if the homeowner defaults on payments on their 3 percent interest loan, the loan will be called due in full and foreclosure proceedings may be initi- ated. The city will make every effort to work with the homeowner to avoid foreclosure and will examine each situation on a case by case basis. E. Repayment Policy for Financial Assistances The applicant must agree to have a lien placed on their property until they have satisfied the requirements of the promissory note. The lien will remain until the loan has been paid in full. In the event of death of the loan recipient, the remainder of the loan must be paid by whomever becomes the legal owner. If for any reason the loan recipient decides to sell or rent the property before the loan is paid in full, the remaining amount will become due at the time of the sale or upon rental, F. Liens will remain in effect until the grantee has met all require- ments as specified in the promissory note, in the event of the sale of the property, any unpaid balance of the loan and any unforgiven portion of the deferred payment loan will become due immediately. If, in the event of the death of the grantee, a family member who meets the income eligibility requirements takes up residency in the property, the loan will continue as stated in the original promissory note. 0. If, after the loan payback begins, a household experiences a gemangnt, substantial .loss of household income, a homeowner can request a review to adjust their current level of assistance. However, in no instance will the payable loan portion be reduced below the minimum 5 percent payable loan level, The loss of income must be from an income-earning owner(s) whose income was e used in determining the original loan assistance category. Lose of employment (voluntarily or involuntarily) is not considered a "permanent lose", For purposes of this program "permanent lose" is defined asi 1, death 2. retirement (must be 62 years of age or older) e 3. permanent disability e To determine if a reduction in the loan is eligible, the household members will be asked to complete all income information and forme as required in Section lI - Application Processing, A determina- tion will be made after evaluating the household size and income using the program guideline income limits and financial assistance i program Procedures - Page 5 l e 0 f I iP • Awndt No. ~y Aotads ntm t' Dale , t' categories that are being used at the time the request for reduced loan payment is made. If the lose of income places the household n a lower payback category, the loan balance will be reduced+ (.:hich will increase the deferred payment loan balance) according to current financial assistance category guidelines. When a loan reduction is granted, the homeowner must sign an Extension of Note and Lien reflecting the new loan and deferred loan amounts. A waiver of these provisions can be requested if the property owner 4 feels that their circumstances require special consideration. Section 4 V. of Program Procedures explains how to request a waiver. IV. FEASIBILITY FOR RNKMILITATIOR PROCEB6 A. A decision as to whether a structure is feasible for rehabilita- tion is made after a complete assessment of the following factors. 1. Completion of a detailed inspection of the property by Community Development staff is conducted. This inspection includes completing a list of all deficiencies which must be corrected in order to bring the structure up to minimum program standards (compliance with HUD's Section S Minimum Housing Quality Standards (Appendix 2) and City of Denton codes. 2. Determine if the rehabilitation cost will be affected by: a property being located in a designated 100-year floodplain, a need to abate possible presence of lead-based paint, possible historical restoration requirements or can rehab reduce noise levels if property is in a high noise area. NOTEi The Floodplain Management regulations limit the total c.»k of all non-cod repairs for any structure located in a designated 100-year floodplain to not exceed 50 percent of a property's (structure only) pre-rehabilitation appraised value as set by the Denton central Appraisal District. 3. Determine if the framework and foundation of a structure are stable, or can be made stable through rehabilitation. 4. Is a room addition(s) needed to relieve serious overcrowding? NOTES Rehabilitation of a structure will never net fewer bedrooms than the number of bedrooms a family has before rehabilitation. Roum additions and improvements to relieve serious overcrowding may be eligible and require the approval of the Community Development Administrator. The City will follow the standards consistent with the Housing Quality Standards when considering the number of bedrooms needed to avoid overcrowding. They ara: • if of occupants in HouM*hold f of Bedrooms Ml I 2 1 4 3 3 6 • 4 b 8 ~ • r B. Using all information obtained in items III.A.1-4, above, a cost estimate and structural evaluation will be completed. The level of monetary assistance will be seasoned. Moderate Rehabilitation will be any rehabilitation between $50000 - $240999 while Substan- Program Procedures - Page 6 . r t, • s;> • ,j tial Rehabilitation is $25,000 to bel r.imum Limits. A project with a cost estimate above P MM}}~axlmum eligible for rehabilitation assistance YSatsY.(p I b8 referred t7 to optional Reconstruction Prcgram. AOeada )leM C. PROGRAM MAXIMUM LIM TS FOR BILY A rehabilitation that cannot meet all of the follow n is considered cost prohibitive or not feasible for rehabilitation. 1. Rehabilitation will not exceed $40 per square foot of total living space (using after rehabilitation square footage). 2. Rehabilitation will not exceed._.t rent Maxam Home Subsidy Limits for Denton("as set by HUD. 3. The after rehabilitation appraised property value plus the total cost to rehabilitate will not exceed the current Single Family Mortgage Limit for Denton as established by HOD. i . D. PROGRAM MINIMUM LIMITS FOR RENABILITATION A structure needing lose than $5000 of repairs is not eligible for rehabilitation assistance. Any applicant who feels that he/she has been unjustly denied rehabilita- tion assistance under the City's Homeowner Rehabilitation Program should follow the appeals procedure outlined in Section V. a V. PEALS PROVISIONSt A. Request for Waiver; The City of Denton's Homeowner Rehabilitation Program has been developed to adhere to a set of guidelines in order to assure proper administration and management of the Homeowner Rehabilitation Program. In the event that an appl..Iant feels that his/her circumstances require special consideration, he/she can request, in writing, a waiver from the usual require- ments. All requests should specify the requirement(s) to be considered for waiver and state the applicant's reason(s) or special circumstances why he/she believes a waiver should be approved. Requests will be reviewed by the Community Development Administrator on a case by case basis. Applicant will be notified in writing of the Community Development office's .anal decision. B. Appeals Rroceduret Applicants who have been determined by the Community Development Administrator to be ineligible for rehabili- tation, may appeal this decision to the Director of Planning and t Development Department. A written appeal must be submitted. The Director of the Planning and Development Department shall • issue a written response within fifteen days of receiving the request. VI. CONTRACTOR SELECTION AND MONITORING All housing rehabilitation recipients are responsible for finding a contractor who will develop a proposal to make the necessary repairs to • their home. Your contractor's proposal must be submitted to the • Community Development office within 30 days from the date you receive the work order write-up prepared by the Community Development Housing Inspector. Contact any reputable and experienced contractor and request a bid for the required work. Program Procedures - Page 7 • co • A M4 re . ApM~ from :rrr~ IF YOU HAVE ANY TROUBLE FINDING A CONTRACTO , C ct any following places for assistancet • Your local Better Business Bureau. • Any friends or neighbors who have had remodeling done to their properties, • Chamber of Commerce • Community Development Office Contractor's List When a contractor comes to look at your hone you shouldt • Show him/her the mandatory work items that have been identified by the community Development Housing Inspector. • Advise him/her that the bid proposal must be returned to you or the community Development office for submission to the rehabilita- tion program on or before the due date. DO NOT SIGN ANY AOREEMENT WITH THE CONTMCTOR, Bring the contractor's bid proposal to the Community Development office at 100 West Oak Street, Suite 208, where you made your original application. The Community Development Housing Rehabilitation Inspector or Housing Rehabilitation Specialist will review the proposal to verify thatt 11 The contractor is licensed and has all city-required insurance coverages, 2. All required improvements have been included in the bid, 3. The proposed work is in conformance with the program's General Specifications, 4. All proposed rehabilitation coats are reasonable, 5. The contractor you have chosen has not been disqualified (de- barred) by any local, state or federal government agency. The bid proposals that are submitted by the homeowner will be reviewed by the Community Development Housing Rehabilitation Inspector to determine if the total bid price is reasonable and under the maximum allowable amount. THE CITY OF DENTON AND THE HOMEOWNER RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the bid proposal selected by the homeowner to approved by the community Development Administrator, then the Community Development staff shall proceed with the review of all other forme submitted by the contractor. Any contractor whose name appears on the most current HUD or city of Denton Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause to declare a contractor ineligi- ble. The contractor must also submit all required proof of insurance forme and bonds (if applicable). Failure to submit these will result in rejection of the bid proposal. Once the contractor has been selected and approved, a contract agreement must be signed. Before the contractor can start work, the homeowner must issue a notice to proceed, • The contractor's work will be monitored by the homeowner, the Community • Development staff and the City of Denton building code inspector. If the homeowner considers any work done by the contractor to be unsatis- factory or incomplete, the homeowner should advise the contractor of the J discrepancy and ask that it be corrected, in the event a dispute exists between the homeowner and the contractor with respect to the rehabilita- tion work, the City shall take appropriate action in accordance with the Program Procedures - Page 8 • Q • r provisions of the construction contract to assure that the owner Is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development uhall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. a Acceptance of Work t 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development staff, and the homeowner. If the final inspection results in no additional work or no specified corrections, the homeowner shall sign the contractor's release form which states that all work has been completed to their (homeowner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the Community Development office copies of all warranties and releases of Ilene from subcontractors and suppliers. community Development will not authorize payment to the contractor until these documents are properly completed and submitted. Community Development staff will make copies of warranties and other documentation. The owner will receive original warranty and guarantee documents. The community Development office will retain copies of these documents for the file. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance, The contractor will return in thirty (30) days and ask the homeowner if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be completed at this time. If no repairs are needed, the contractor will request that the homeowner release the contingency payment. VII. PAYMENT TO CONTRACTOR The contractor shall receive payment, minus contingency amount, for all completed contracts within 15 working days after final inspection approval. The contingency amount equals 10 percent of the total contract amount and will be withheld for thirty (30) days. After thirty days, if no additional or warranty work remains, the contractor must request from property owner an approval to release withheld contingency funds. A 45 percent interim payment will be made available to the contractor upon property owner and inspector approval when 50 percent of the contract work has been completed. An "All Bills Paid" affidavit and release of lien from all subcontrac- tors and suppliers must be submitted by the contractor to the Community Development office before payment can be released to contraotor. All electrical, plumbing, mechanical, roofing permits and termite inspection must also be submitted to the community Development office prior to releasing contingency payment to the contractor. VIII. CONTRACTOR DrJUARMUT A contractor will be declared ineligible to participate in projects • funded by the City of Denton's Homeowner Rehabilitation Program for one or more of the following causest 1. Failure to complete a project within the prescribed contract period. Program Procedures - Page 9 • - G► Apedt Nvr AW4 ft" 2. Failure to complete warranty repai 0*446 p..Lasonable t period. 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain City-required insurance, i.e., general contrac- tor's liability, automobile liability and builder's risk (if applicable). 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on they project appropri- ately and/or submit affidavits of payment signed by all subcon- tractors. 7. Failure to obtain proper permits for work in ,progress. 8. Failure to treat homeowners with respect and ccurtesy. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made In writino to the Conmunity Development Office at least 15 days after the date of the notification letter. Contractors debarred from the Homeowner Rehabilitation Program may no longer contact homeowners receiving CDH6 or HUHE grant, funds with the intent of providing a bid for a project. • J i Program Procedures - Page 10 r ♦ ♦ w .w Yrw.♦. w.~v~ . N Trw.... • • _ a r, Y ( Y '1 ~y' t . f f' r• 1'a fin.: a . l,r "r. l.' -i ar • A" Ho, AWsh ltft Onq GENERAL TERMS AND CONDITIONS i • cl 0 _ S r. GENERAL TERMS AND CONDIT nyeRda ~Jp, Agenda 11em 1. Property owner agrees to comply with all HU Vi with o Title VI of the Civil Rights Act of 1964, e basis of race, color, creed or national origin in the sale, ea or use of occupancy of the subject property.' 2. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant to any 6 wntractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, the Department of Housing and Urban Development, or the Community Development office to receive an award of such contract. 3. Property owner agrees not to pay any bonus, commdesion or fee for the purpose of obtaining the Community Development staff's approval of the grant application or any other approval of concurrence required by the Homeowner Rehabilitation Program. 4. Property owner will continue to occupy the premises during the rehabilita- tionj but he will cooperate with the contractor in a reasonable manner. 5. Property owner agrees that existinq house utility services will be made available to the contractor without charge as followat electricity, gas, water and telephone (local calls only), 6. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold the funds made available to the owner for the rehabilitation grant for the purpose of the disbursement thereof to the contractor. 7. Property owner agrees that it is his sole responsibility to see that the contractor completes the work specified in hie contract to the owner's satisfaction and that the city of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the city are not the responsibility of the contractor nor of the city, but remain the responsibility of the owner. e. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. 9. Property owner shall issue a written Notice to Proceed within thirty (30) • days from the date of acceptance of the contractor's bid and proposal. If the Notice to Proceed is not received by the contractor within this thirty (30) day period, the contractor has the option of withdrawing hie bid and proposal. If the contractor chooses to do this a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complete said work • within sixty (60) days or the number of days stated in the Rehabilitation • • contract. 10. The contractor shall not assign the contract without written consent of the owner and the City and/or its agent. a General Terms and Conditions - Page 1 • G+ L1 . 11. It is agreed between the owner and the contract rdamages due to delay are impossible to determine and that in t ~van~' ' ~nff does not complete the work requlrad under th APAdtNMI- Within the specified time, the contractor shall be liable f fJ4ff__ .,pd shall pay o e city as liquidated damages the sum of 1 percent a mount or $55, whichever is greatest, for each ealen the date stipulated for completion in the Rehabilitation Contract until such work is satisfactorily completed and accepted. 12. The ccntractor shall not be charged with liquidated damages for any delays In the completion of work due to the followings A. Any acts of the govervunentl including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, lational Defense or any other national emergency. B. Any acts of the owner, r [ C. Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractorl including but not limited to acts of God or of the public enemyl acts of another contractor in the performanc3 of some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes, tornadoes, etc, D. Any delay of the subcontractor occar,ioned by any of the causes specified in Subparagraphs (A) (B) and (c) above, provided that the j' contractor promptly (wi!-.hin 10 days) notifies the owner in writing of the cause of the delay, If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. 13, The contractor shall not be held responsible for preexisting violations of law including but not restricted to zoning or building code regulations at the property listed in the contract. Before beginning work, the r contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall immediately report any discrepancy to the owner. where the requirements ° of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the City will adjust the contract by ch,:,go order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. 14. The contractor shall comply with all non-discrimination clauses included a in the contractl nor.-compliance will result in termination of the i contract, 15. Bide or proposals will be submitted at the bidder's risk and the City or • the owner reserve the right to reject any or all bids or pro7isais. 16. Subcontractors shall be bound by the terms and conditJ.ons of the contract,` insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractural agreement he may make with y others. z ; • 17. When adjacent property is affected or endangered by any work done under • this contract, it shall be the responsibility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards, General Terms and conditions - Page 2 0 ra 0 r 10. Repairs shall be made to all surfaces damaged by the contractor resulting from his work under this contract at no additional co to the owner. Where "repair of existing work" is called for by the coat set, eat4ra shall be placed In "equal to new condition" either p,p ching or w replacement. All damaged, loose or rotted parts she 1 d [ replaced and the finished wor). shall match adjacent w I%k1Ae■1 n en dimension. Date _ 19. After the final inspection and acceptance by the owner of alhWe+W the contract including cleanup, the contractor shall submit to the ow~neerr for approval his requisition for payment. When the required warranties ' and the release of liens have been executed by the contractor, the final payment minus a 10 percnnt contingency will be made which will include any amounts remaining due under the contract as adjusted in accordance with approved change orders and subject to withholding of any amounts due the owner for "liquldaved damages" as may be necessary to protect the owner r against any claim arising from the contractor's operations under the contract. Payments will be made within 10 days of formal requisition for payment. only ono partial rayment may be made when 50 percent of thr. work has been completed. 20. A Rehabilitation grant may be made only to cover the cost necessary to C bring the dwelling into conformance with Section 8, Existing Housing Quality Standards. The two categories of repairs listed below are to be included as priority itemat A. Rewired nevairsr Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. B. Reco ended Reoaires Code corrections or preventive maintenance efforts which should be undertaken to avoid more costly future action. (1) Heating, air conditioning, plumbing and electrical improvements (2) Weatherization (3) Exterior work such as roofing, aiding, painting, step and porch repair and retaining walls (4) interior work such as renovation and repair of existing kitchen and bath facilities. 21. Mobile homes are not eligible for rehabilitation aosistance. 22. The Denton County Appraisal District automatically reappraises any house where a building permit is issued. The homeowner should be aware of this fact, if the home In reappraised, yearly property taxes may also Increase, 23. Change orders may be made to cover an item of work which cannot be determined until sometime during the course of the rehabilitation work. The Community Development staff shall not consider a change order proposed • by a bidder that is not called for in the contract document prepared by the Community Development. Office. Change orders will be considered as follower A. Chance orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but wrre not anticipated at the time the contract was executed. B. Change order requests will be limited to only those Items that must . . be corrected to meet Section 8 standards and/or city code require- menhe, No change orders for recommended or general property improve- rents will be approved. General. Terms and Conditions - Page 3 i i , O • MONSOON • • I C. The change order amount is limited to a maximum o ~61"Aiwent of tt total contract amount. If It in necessary to re JIpl r ha er to make required repairs and the contract is sire d~y,rB ogram maximum allowable expenditure amount, a work i eee pr will be deleted from the bid proposal in order to c the added amount. However, if there are no work items of lea to delete from the bid proposal, the project's maximum amount m, be approved by the Community Development Administrator. D. Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bib amount. When items are deleted, but do not have specific coats, In such cases the contract shall be reduced by negotiating the cost it prevailing rates. E. All change orders shall be executed by the homeowner, contractor, and a member of the community Development staff prior to work being completed. F. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond that actually required for the execution of the contract. G. All change order requests must be submitted by the contractor, signed by the homeowner and approved by the Community Development Adminis- trator. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. H. The approval of a change order shall constitute authorization by the homeowner and Community Development Administrator to change the grant amount equal to the cost of the work added or deleted. 1. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor's control. a. If the contractor feels that any of the limitations listed above will result in the incomplete rehabilitation of the structure as specified in the contract, he may appeal the limitation to the Executive Director of Planning and Community Development. 24. If the work completed is not in accordance with the construction contract, a member of the Community Development staff shall advise the property owner of the non-compliance who then shall obtain appropriate action from the contractor. No payment shall. be processed on a construction contract until a contractor has satisfactorily completed all necessary corrective action. 25. The owner shall be able to select the color and style of certain materials • (i.e. carpet, floor covering, paneling, paint, etc.). No more than one selection of carpet and vinyl may be made. No more than two interior paint choices and two exterior paint choices may be made (main color and trim). 26. The contract warrants that all materials, fixtures, and equipment - furniahed by the contractor and its subcontractors shall be new, of good title and that the work will be done in a neat and workmanlike manner. • Neither the final payment nor any provision in the contract nor partial or • • entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responai- bility for faulty materials or workmanshJp. The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom which may appear within a period of one year from the General Terms and Conditions - Page 4 c~ 0 AD~di fpm date of final acceptance of the work unlea■ a 1 fied. The owner will give notice of observed defects w tf~i a promptneaa. 2;. intorest of certain federal and other officlalei A. No member or Delegate to the congress of the United Staten and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same. B. No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the - Community Development Programs and no other employee of the Depart- ment of Planning and Community Development who exercises any such functions or responsibilities shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict vith the discharge or fulfillment of his functions and rosponsibilities in connection with the carrying out of the Homeowner Rehabilitation Program. The length of time this exclusion shall be in effect is one year following the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. 1 1 General Terms and Conditions - page 5 0~ ~ 1\ Agtrdt No. Aptndt I~cm Dttt MINIMUM REHABILITATION STANDARDS r \ .4. • A agenda No. . 11IKIWM RZHABILITATI0t1 STANDARDS Aplllpa Illm DA4 Rocfst Roofs should not leak and have no evidence of rott ec ng, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall he repaired or replaced as needed. Where new decking is required the material shall be one-half inch plywood or one-half inch waferboard to bo used with H clips between sheets. All roofs that all stripped shall be replaced with new 30 pound felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of lap, it installation of roiled roofing is not sufficient to promote proper run off roof will be rebuilt. Biding and Trims All exterior siding and trim shall be free of holes, cracks or rotted materiel which might admit moisture !nto walls. New siding may be applied only if the cost of new siding and installation Is comparable to the repair and painting costs of the existing siding. Windowst All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Drainages The grade of concrete or dirt should drain at least five (5) feet away from foundation walls. Site Isprovemeutst All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, if necessary, replaced with treated material or concrete. Foundations and Pierst Skirting shall be six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. Kitchen n Kitchens shall have a specific area which contains a sink with hot and cold running water, counter work space, storage apace for food and space for storage of cooking utensils. Stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails. Utility Areast cas or oil fired water heaters or furnaces shall not be located j In the bathrooms or bedrooms, in addition to all plumbing and electrical codes, water heaters, air conditioners, and furnaces shall be enclosed with a sealed door and adeq+tate upper and lower combustion air, All washer and dryer hookups must meet City Code. e structural eystest The wood, masonry or steel components shall be in serviceable j condition for the expected useful life of the rehabilitated building. Structural members which are in seriously deteriorated condition shall be replaced. Sagging and non-level floors shall be raised and stabilised as level as possible without causing interior damage. Minimum Rehabilitation Standards - Page 1 m • Agenda Item Termite inspection is required and treatment shall be d v1denoe infestations exist. A certified peat control comp ut the t treatment and present documents of proof and warranty. Electrical system i All replacement of existing wiring and equipment shall be done in conformance with the National Electric codn and the City of Denton Code. Any potzntial source of electrical hazard or ignition of combustible material shall be corrected. GFI outlets shall be used in bathrooms, kitchen, garage, and exterior recepta- cles. Additional outlets shall be added to eliminate extension cords and, at the request of the City Inspector, to meet City Codes. Plumbing$ The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back aiphonage between fixtures. All sinks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fixtures shall have P-traps, necessary vents and be properly connected to a public or private sewage disposal system. All sewer lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipmentt All gas fired heating unite must be vented with double wall pipe and proper upper and lower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas pipe must be used to supply heating unite with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duct work shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. HVAC duct insulation must be R-4 or greater and pipe insulation must be R-2 or greater. Insulation and Neatherisationt An R-30 insulation value in the attic shall be requited. Exterior Doorat All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily openable from the inside without the use of keys. All exterior doors shall be weather stripped so i that there is no significant entry of air or water into the structure. • Porches and AJ+ckst All porches and decks shall be safe and capable of supporting anticipated loads. All porches and decks in deteriorated condition and which serve no useful purpose or which are not economically repairable shall be removed. Porches and decks thirty (30) inches above grade shall have guardrails and flights of stairs with four (4) or more risers. They shall have a handrail on at least one tide. Gutters and Downspcutst cutters and downspouts should exist where they are • deemed necessary to promote proper drainage. Gutters will as normally be installed if they do not already exist. _y Downspouts that cannot be connected to drain tiles shall have splash backs with proper site grading. Hinimum Rehabilitation standards - Page 2 5 Chimneys and Ventst Furnace and water heater vent IWI* double wal pipe. ApMda HtM Existing unlined masonry chimneys having open mort r or crac eLL,~a removed or made safe by installation of a UL approv Vent-a-hood stacks shall be vented through the roof. Interiorst All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All pealing paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be opera- tional. Carpet and vinyl that is badly warn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. Housing Inspector. Existing carpet shall be cleaned by a commercial steam cleaner, ii necessary. eatbroorst An operational water closet, tub or showar, and lavatory .,hould be in the bathroom. Hot water should flow to the lavatory and tub or shower, Cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. Cabinetat Built-in kitchen cabinets shall be repaired up to 50 percent of the coat of new cabinets. Bathroom cabinets are not required. , • Minimum Rehabilitation Standards - Page 3 1 ~ t ~ ~ I I! Y- i 1, /-1 01 t j lift APPENDICES . / i 1~ 7j" py. k i it • AW4=Iq. APPENDICES APR& Mom OMf1 Appendix 1 . . . . . . . . . Carrying out Energy-Saving Require- ments for Single-Family Buildings Appendix 2 . . . . . . . . . Section 8 Existing Housing/Program Appendix 3 . . . . . . . . . QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF DENTON'S FEDERALLY ASSISTED PROGRAMS >i 1 • c V,w w nda Ho LAAAA SECTION 8 EXISTING _HQUSINGYPROG L S-882.109 Housing quality standards - Housing used in this program shall most the Performance Requirements not forth in this section. In addition, the housing shall meet the Acceptability Criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. (A) Sanitary Facilities - (1) Performance Requirement. The k' dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptabillty Criteria, A flush toilet in a separate, private room, a fixed basin with hot, and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. , (H) Food Preparation and Refuse Disposal - (1) Performance Requirn- meet. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall. be adequate facilities and services for the sanitary disposal of food wastes and refuse, including ) facilities for temporary storage where necessary. (2) Acceptability Criteria, The unit shall contain the following equipment in proper operating conditions cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facili- ties for temporary storage where necessary (e.g. garbage cans), (C) Space and Security - (1) Performance Requirement. The dwelling unit shall afford the family adequate space and security. (2) Acceptability Criteria, A living room, kitchen area, and bathroom shall be presentl and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons, Exterior doors and windows accessible from outside the unit shall be lockable. (D) 11hermal Environment - (1) Performan-:e Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Accept- ability criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment, Unvented room heaters which burn gas, oil or kerosene are unacceptable. (E) Illumination and Electricity - (1) Performance Requirement, f Each room shall have adequate natural or artificial illumine- tior, to permit normal indoor activities and to support the ` health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria, hiving and sleeping rooms shall include at least one window. A ceiling or wall type light fixture sha).1 be present and working in the bathroom and kitchen area. At least two • • Agenda - Agenda lens Dare # electric outlets one of which ma and sable i the living area, kitchen area, and eaci (F) Structure and Materials - (1) Performance Requiremen . dwelling unit shall be structurally sound so an not to pose any threat to the health and safety of the occupants and so as to E protect the occupants from the environment. (2) Acceptability Criteria. ceilings, walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage, 7 < The roof structure shall be firm and the roof shall be weather tight, The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be § such as not to present a danger of tripping or falling. elevators shall be maintained in safe and operating condition, In the case of a mobile home, the home shall be securely' anchored by a tie-down device which distributes and transfers the loads imposed by the unit to appropriate gi,und anchors so aE to resist wind overturning and sliding. (G) Interior Air Quality - (1) Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability i' Criteria. The dwelling unit shall be free from dangerous levels of air pollutio,, from carbon monoxide, sewer gas, fuel gaE, duet, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (H) Wator Supply - (1) Performance Requirement. The water supply shall be free from contamination. (2) Acceptability criteria. The unit shall be served by an approved public or private sanitary water supply. (I) Lead Based Paint - (1) Performance Requirement. (i) The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4801, and the owner shall provide a certification that the dwelling is in accor- dnnco with such HUD Regulations. (ii) If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning, (2) Acceptability Criteria, Same as Performance Requirements, (J) Access - (1) Performance Requirement. The dwelling unit shall be usable and capable of being maintained without unauthorized dI use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptabil- ity Criteria. The dwelling unit shall be usable and capable of being maintained without unauthorized use of otrier private properties, and the building shall provide an alternate means S of egress in case of fire, • • (K) Site and Neighborhood - (1) Performance Requiremenc. The site and neighborhood shall be reasonably frae fro.n disturbing noises and reverberations and other hazards to the health, safety, and general welfare rf the occupants. Acceptabil- ity Criteria. The site anu neighborhooa ahAli not be subject to serious adverse environmental conditions, natural or man-- made, such as dangerous walks, steps, instability, flooding, j poor drainage, septic tank backups, sewage hazards or mud slideel abnormal air pollution, smoke or dustf excessive noise, • A' vibration or vehicular trafficr exce s ve accumu trash) vermin or rodent infestation) o opoft rd~ s. Sanitary Condition - (1) Performance Re AOOndau.~ nit ands"" its equipment shall be in sanitary cond YeatitfC2 Accep ity criteria. The units and its equ t vermin and rodent infestation. (My Congregate Housing. The foregoing standards shall apply except for paragraph (b) of this section, Food Preparation and Refine Disposal. In addition the following standards shall applyi (1) The unit shall contain -t refrigerator of appropriate size. (2) The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g „ garbage cans). s ) , • Appendix 3 Revised 10/02/95 QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF DENTON'S FEDERALLY ASSISTED PROGRAMS INCOME RANGES FOR LOAN DESCRIPTION CATEOORIES FOR THE HOMEOWNER REHABILITATION PROGRAM FAMILY 508 PAYABLE LOAN/ 258 PAYABLE LOAN/ 5% PAYABLE LOAN/ SIZE 508 DEFERRED LOAN 758 DEFERRED LOAN 958 DEFERRED LOAN 1 $26,300 - $21,386 $21,385 - $16,451 $16,450 - OR %0LOW 2 $30,100 - $24,441 $24,440 - $18,801 $16,800 - OR BELOW 3 $33,850 - $27,496 $27,495 - $21,151 $21,150 - OR BELOW i 4 $37,600 - $30,551 $30,550 - $2b,501 $23,500 - OR 6ELOW 5 $40,600 - $33,021 $33,020 - $25,401 ;25,400 - OR BELOW 6 $43,600 - $35,426 $35,425 - $27,251 $27,^5U - OR BELOW 7 $46,600 - $37,896 $37,895 - $29,151 $29,150 - OR BELOW 0 8 $49,650 - $40,301 $40,300 - $31,001 $31,000 - OR BELOW i IN THESE TWO-PART LOAN CATEGORIES THEI PAYABLE LOAN IS BASED ON A PERCENT OF THE TOTAL COST TO REHABILITATE WITH PAYMENTS AMORTIZED O"k 120 NO S (10 YEAH:) AT A 3 PERCENT INTEREST RATE (APR). ® DEFERRED PAYMENT LOAN IS BASED ON A PERCE14T OF THE TOTAL COST TO REHABILITATE AND CARRIES A 0 PHRCEN'1 INT6'i RATE. THE DEFERRED PAYMENT LOAN CONTINUES UNTIL THE APPLICANT SATISFIES THE COND::TIONS LISTED IN THE PROMISS • NOTE (EXECUTED PRIOR TO PROJECT START DATE). THERE ARE NO MONTHLY PAYMENTS, DEFERRED PAYMENT LOANS ARE SE. BY A LIEN ON THE PROPERTY. THE LIEN IS FOR 120 MONTHS (10 YEARS) FOR ALL CATE@'ORIES OF ASSISTANCE. V _ ++;SE r I + AW& Apends Item DO STANDARDS OF WORKMANSHIP a • • STANDARDS of WORKMANSHI GENERAL SPECIFICATIONS - INDEX '~gendiNo. Agenda Ilam Item Paae Item Oale I. Foundation VII. Windows 1. Leveling 1 1. Wood Units 7 2. Skirt 1 2. Aluminum Units 7 3. Cresphole Door 1 3. Window Screens 7 4. Ventilation 1 4. Reputty 8 5. Floor Framing 2 5. Window Glass 6 6. Floor Joists 2 6. Replace Sills 8 7. Weatherstripping 8 II. Walls (exterior) 8. Storm Windows 8 1. Replace stud Wall 2 2. Repair Asbestos Siding 2 VIII. Exterior Trim 3. Repair Comp. Siding 2 1. All Exterior Trim 8 4. straighten Walls 2 2. Masonry 8 5. Replace Siding 3 IX. Finish Floors IrI. Porches 1. Wooden 9 1. Removal 3 2. Tile installation 9 2. Replace Wooden Flooring 3 3. Carpet 9 3. Wrought Iron 3 4. Wood Columns 3 X. Walls (interior) 5. Concrete Porch 3 1. Dry Wall Products 10 6. Stoops 3 2. Wainscot 10 7. steps 4 3. Ceiling Insulation 10 8. Handrails 4 4. Ceiling Finishes 10 9. Guardrails 4 XI. Mill Work IV. Walks and Drives 1. Material 11 1. Walks 4 2. Workmanship 11 2. Driveways 4 3. Approaches 4 XII. Painting 1. Material 11 V. Roof 2. General Requirements 11 1. Level 5 3. Preparation of Surfaces 12 2. Decking 5 4. Exterior Painting 14 3. Gutter and Downspout 5 5. Masonry Painting 14 4. Flashing and Valley 5 6. Interior Painting 14 5. Repair Comp. Roof 5 7. Caulking 14 6. New Built-up Roof 5 S. Application 14 7. New Built-up over Old 5 8. New comp. over old 5 XIII. Finish Hardware 9. All Roofing Work 6 1. Finish Hardware 15 VI. Do..ra XIV. Miscellaneous 1. Exterior Doors 6 1. Counter Tops 15 • 2. Frame 6 2. Attic Vents 15 3. Threshold 6 3. Mechanical Ventilators 15 4. All New Openings 6 4. Vent-a-hoods 15 5. Remove Close Opening 6 5. Built-ins 15 6. Wooden Screen Doors 6 6. Attic insulation 15 7. interior Doors 7 7. Clean up 16 8. Storm Doors 7 8. Site Drainage 16 r i +r~ Aw* AMdj, 3 +I pave OM XV. Plumbing 1. Bathroom Accessories 16 2. Heating 16 3. Air conditioning 16 4. Plumbing Lines 16 5. Septic Tanks 16 XVI. Electrical 1. Electrical Lines 17 XVII. Energy Conservation 1. Doors and Windows 17 2. Openings 17 3. Pipe Insulation 17 4. Duct Insulation 17 5. Desigqn Insulation 17 6. Ceiling Insulation 17 7. wall Insulation 17 XVIII. Span Tables 1. Ceiling Joists 18 2. Rafters 14 3. Floor Joists 20 XIX. miscellaneous 1. Construction Code info 21 2. Safety Standards 22 r. I . O ~ O O ~ 5 i r q AW* ANgs gem GENERAL SPECIFICATIONS' TRADE NAMES: Are useO to establish a guide as to quality an9 type of material required., MATERIALS: Shall be new, in good condition and of standard grade unless otherwise specified. REPAIRS: Where repairs of existing work are called for, the feature is to be placed in "equal or new" condition either by patching or replacement. All damaged, loose or rotten parts shall be removed and replaced, and the finished work shall match adjacent work In design and dimension. IMPLIED WORK: Work specified and not shown on drawings or drawn and not specified will be executed as if fully described by both methods; and any work or materials which are not directly noted in the specifications or drawings, but necessary for the proper carrying out of the obvious intentions thereof are to be understood as implied work and will be provided for by the contractor in his proposal as fully as if specifically described and drawn. EXAMINATION OF PREMISES: It is understood and agreed that the Contractor has by careful examination, satisfied himself as to the nature and location of the work, the character and quality of the materials to be encountered, the general and local conditions, and all matters which can in any way affect the work under this contract. The proposal shall be based on the plans, specifications and contract documents supplemented by the conditions at the site. REMOVAL OF PORTIONS OF THE STRUCTURE: Removal of portions of the structure shall be done in a workmanlike manner with a minimum amount of damage to the remaining portions of the structure. 1. FOUNDATION 1. LEVELING: Shall be done in accordance with the building code. 2. SKIRT: Shall be constructed of conforming materials with 8 inches 22 or 24 gauge galvanized flashing with 2 inches overlap on bottom of skirt and extended into ground. 3. CREEPHOLE DOOR: shall be hinged and constructed of such rodent proof material as to conform with founda- tion skirt, and shall be adequate size for entrance to crawl space. (Size: 24 inches x 24 inches hatch and atop-S). . • 4. FOUNDATION VENTILATION: Under-floor areas shall be ventilated by openings in e::terior foundation walls. Such openings shall have a net area of not less than Standards of Workmanship - Page i . i O • G.j • , ApenM N4. ' 1 square foot for each 15o s U*Mji&Ar -F.linAPr-Fln r area. Dale - i Openings shall be located as close to corners as practical and shall provide cross ventilation. The required area of such openings shall be approximately equally distributed along the length of at least two opposite sides. They shall be covered wit;i corro- sion-resistant wire mesh with mesh openings of 1/4 inch in dimension. 5. FLOOR FRAMING: Replace all rotten or deteriorated flooring pieces with a standard grade material. All materials should comply with existing codes, 6. FLOOR JOISTS: Reference specifications as noted on Page 20, II. WALLS EXTERIOR 1. WALL FRAMING: Replacement studs shall conform with existing wall framing. In the event an entire wall is added or replaced, the following criteria shall be applied: stud grade 2 x 4's located at load-bearing walls shall have a maximum height of 10 feet, shall be spaced a maximum 24 inches OC, supporting roof and ceiling only, shall be spaced a maximum 16 inches OC supporting one floor, roof and ceiling. Stud grade 2 x 4's located at non-load-bearing walls shall have a maximum height of 14 feet; shall be spaced a maximum 24 inches Oc. Utility grade studs shall not be spaced more than 16 inches OC nor support more than a roof and ceiling, nor exceed 8 feet in height for exterior walls and load-bearing walls, or 10 feet for interior non-load-bearing walls. 2. REPAIR ASBESTOS SIDING: Replacement shall be conform- ing pattern, type and color. If unable to match the structure shall be painted to make color conform. 3. REPAIR COMPOSITION SIDING: Replacement shall be of conforming pattern, type and color. If unable to • match, the structure shall be painted to make color conform. Asphalt minimum weight 105,E per square, insulated composition minimum weight 2250 per square. 4. STRAIGHTEN WALLS: Walls shall be straightened by removing necessary wall boards (either exterior or I interior) in order to work wall framing to a straight • and even plane. Replace such structural members as • • required and brace properly. Reinstall. siding and other components in a workmanlike manner. Caulk all exterier_ioi.nts before oai to ina. Standards of. Workmanship - Page 2 • D • tr& nem 5. REPLACE SIDING: All wood s g shat b9.~-brae r written approved equal mate. ave a minimum thickness of 3/8 61T, unless placed over sheathing that has an ICBO (International Code of. Building Officials approval. Siding patterns known as rustic, drop siding or shiplap shall have an average thickness of not less than 3/8 inch. Bevel siding shall have a minimum thickness measured at the butt section of not less than 7/16 inch and a tip thickness not less than 3/16 inch. All weather ' boarding or siding shall be securely nailed to each stud with not less than one nail, or to solid 1 inch nominal wood sheathing or 1/2 inch plywood aheathing with not less than one line of nails spaced not more than 24 inches OC in each piece of the weather board- ing or siding. All fasteners used for the attachment of siding shall be of a corrosion-resistant type. TIT. PORCHES. 1. REMOVAL: Shall be done in such a manner as to cause a minimum amount ~f damage to the remaining structure. Adequate bracing and strengthening shall be done as necessary for the main structure after removal. 2. REPLACE WOODEN FLOORING: Flooring shall be of tongue and groove type, and preservative treated to prevent deterioration unless otherwise specified. 3. WROUGHT IRON COLUMNS: Colonel Logan or written approved equal. 4. WOOD COLUMNS: Shall be a minimum 4 inches x 4 inches dimension. Columns and posts located on concrete or masonry floors or decks exposed to the weather or to water splash which support permanent structures shall be supported by concrete piers or metal pedestals projecting above floors, unless approved wood or natural resistance to decay or treated wood is used. The pedestals shall project at least 6 inches above such floors. Individual concrete or masonry piers shall project at least 8 inches above exposed ground 0 unless the columns or posts which they support are of approved wood of natural resistance to decay or treated wood is used. 5. CONCRETE PORCH: Shall have a compressive strength at 28 days of at least 3000# PSI. cFoncrete will be deposited when temperature is 36 F or above and rising. concrete shall not_be deposited on frozen ' around. ill be reinforced with minimum 6-6 x 10-19 wire mesh. 6. STOOPS: Are to be constructed of such material as to conform with existing roof, and shall have all neces- Standards of Workmanship - Page 3 t;a AD" Np. sary structural. members requir OA& arm a s ru`c{11* ally sound unit. Dale if 7. STEPS: If steps are called for, t ey s monolithically, and shall have an 8 inches maximum u rise and 9 incheu minimum run. a, 8. HANDRAILS: Handrails shall be required for stairways having four or more risers and serving one individual dwelling unit. Handrails shall be p:1aced not less than 30 inches nor more than 34 inches above the nosing of treads and shall extend not less than 6 ` inches beyond the top and bottom risers. The handgrip portion of handrails shall be not less than 1 and 1/4 inches nor more than 2 inches in cross-sectional. k. dimension or the shape shall provide a written ap- proved equal gripping surface. The handgrip portion of handrails shall have a smooth surface with no sharp corners. 9. GUARDRAILS: All unenelosed balconies or porci;&s which ; are more than 30 inches above grade or floor beluw shall be protected by a guardrail. Guardrails shall P, be not less than 42 inches in height. Open guardrail and star railings shall have intermediate rails or an ornamental pattern such that a sphere 6 inches in diameter cannot pass through, IV, WALKS DRIVES 1, SIDEWALKS: Concrete shall have a compressive strength at 28 days of at least 3000 P.S.I. Concrete will be deposited when temperature is at 36 degrees Fahrenheit or above the rising. Sidewalks shall be reinforced with a minimum single layer of 6-gauge mesh, 2 layers of 10-gauge mesh, or #3 rebar 18 inches O.C.E.W. Sidewalks shall have a minimum grade of 1/4 inch per foot. 2. DRIVEWAYS! Concrete shall have a compressive strength at 28 days of at least 3000 P.S.I. Concrete will be deposited when temperature is 36 degrees Fahrenheit or above and rising. Driveways shall be reinforced with a minimum single layer of 6-gauge mesh, 2 layers of 10-gauge mesh, or #3 rebar 18 inches O.C.E.W. All driveways shall have a minimum concrete thickness of 5 inches, with a minimum grade of 1/4 inch per foot. Expansion joints, conotructed from wood of natural resistance to decay, such as the heartwood of redwood, bald cypress, or the cedars, shall be placed at a O maximum of 30 feet intervals, 3. DRIVE APPROACHES: Prior to beginning any work in the ? f public right-of-way, contact the Building Inspection Department at 566-8360. S, F, i • Standards of Workmanship - Page 4 O 0 • 0 V. ROOF " ~d- 1. LEVEL: Install sufficient kApgB~°a~ remove A prevent recurrence of sway a Yfdi 44 twin n even plane. Oared 2. DECKING: Repair by replacing defec boards leaving new deck surface smooth and clean, d adequately secured to structural members. Nails to be 8d common or box fo:r shiplap; all other 1 x 242 materials shall have ad common or box nails and 6d common or box nails for plywood sheathing 6 inches oC along all edges and 12 inches OC along intermediate members for plywood. Plywood is to be sheathing grade no less than 318 inch but be same thickness as exist- ing. Floors shall be trimmed flush at any change in elevation in excess of 1/8 inch. 3. GUTTER AND DOWNSPOUT: Shall be of galvanized metal properly hung with 1/4 inch hardware cloth screen to prevent entrance of foreign materials, and shall have a concrete inches splash guard inches under the downspout. Minimum 2 straR anchorage 7 ee Q inches height. 4. FLASHING AND VALLEY MATERIAL: All shall be 26 gauge galvanized iron. Valley tin shall be a minimum of 20 inches wide. 5. REPAIR OF COMPOSITION ROOF: All missing or broken shingles shall be replaced. Re-nail all loose shin- gles. Replacement shall be of same color, design, weight and brand (if possible) as existing roofing material. 6. NEW BUILT UP ROOF: Nail one (1) ply of 301 felt. Mop two (2) ply with 15,# felt properly mopped with hot tar. Apply hot mop and gravel, properly spread to create a uniform and durable roof. 7. NEW BUILT UP ROOF OVER OLD: Thoroughly clean surface. Install two (2) ply of 15,E felt properly mopped with hot tar. Apply hot mop and gravel properly spread to create a uniform and durable roof. ;i 8. NEW COMPOSITION ROOF OVER OLD: Properly repair structural wood material by replacing all rotten and defective decking, overhang, rafter ends, fascia and cornice. Apply 235# composition roof with 1 1/4 ® inches galvanized roofing nails. Install according to ' manufacturer's recommendations. Install 1 inch x 1 1/2 inches metal edging over all exposed edges of roof. No more than one overlayment or two layers of composition roof shall be applied to any structure. Standards of Workmanship - Page 5 • • Ageod1 No..r~ AGE KI(f e Maximum allowable span for rafte ate attached tables (Page 19). 9. ALL ROOFING WORK: (either new or old) Shall be accomplished in a workmanlike manner, and shall be dons in accordance with manufacturer's recommenda- tions, and installed in such a manner (with proper flashing, counter flashing and all other necessary components) to prevent leaks of any kind. Provide temporary covering for roof when adverse weather conditions prevent the roofing and associated work from being installed and protection is required. Maximum allowable span for rafters specified on attached tables - page 19. VI. pOORS . 1. EXTERIOR DOORS: Shall be of exterior standard grade with a minimum thickness of 1 3/4 inches. Doors shall be six panel solid core type paint to match exterior. All exterior doors shall be weatherstripped with M-ll Nu-Koil, vinyl and aluminum, or written approved equal. Threshold, set in mastic and door bottom weatherstrip, New door should conform to existing dimensions unless otherwise specified. Installation of a door includes new keyed lock, dead bolt and all new hardware. 2. FRAME: Shall be of 2 inches material, properly plowed jamb, to receive 1 3/4 inches door. 3. THRESHOLD: Shall be of proper height and width for the particular opening. 4. ALL NEW OPENINGS., 4 feet wide or less in bearing walls shall be provided with headers consisting of either two pieces of 2 inch framing lumber placed on edge and securely fastened together or 4 inch lumber of written approved equal cross section. All openings more than 4 feet wide shall be provided with headers or lintels. Each end of a header or lintel shall have a length of bearing of not less than 1 1/2 inches for the full width of the lintel. All non-bearing loads • shall be constructed with two 2 x 4 headers placed in such a manner as to remove all trace of closing. 5. REMOVE AND CLOSE OPENING: After removal, structure shall be properly strengthened and openings shall be covered with conforming exterior and interior finish materials in such a manner as to remove all trace of • closing. • • 6. WOODEN SCREEN DOORS: Shall be of select preservative- treated Westarn Ponderosa Pine with dowel joint construction and furnished with 18/16 mesh corrosion Standards of Workmanship - Page 6 • • A4rodt No. _ Agood; llem resistant aluminum screen wir P00 m thic He 1/8 inches. 7, INTERIOR DOORS: Shall be of interior standard grade with minimum thickness of 1 3/8 inches. Ideal Brand or written approved equal. Door frame shall have a minimum thickness of 3/4 inch. 8, STORM DOORS: Storm Doors are to be of aluminum, baked-enameled, factory finished. Unit is to include threshold, weatherstripping, closer chain stop and lock assembly. Door is to be hinged on the same side jamb as exterior door, or as indicated in drawing on work write-up. Door must give a tight fit w E'en closed. (Larson Model Number 290 and 280 or written approved equal.) VII, WINDOWS 1, WOOD U:1ITS: Shall be constructed of type 'IS" or 'IT" stiles, check rail or plain rail. Material shall be j of preservative-treated Western Ponderosa Pine, Ideal brand standard grade or written approved equal. Minimum thickness of 1 3/8 inches. All windows shall conform to existing dimensions unless otherwise specified. All shall be double pans with screens. 2. ALUMINUM UNITS: Shall be constructed of haavy gauge extruded aluminum sections (minimum thickness ,062). Exposed surfaces of all aluminum members shall be extruded of First class Finish material with no serious defects or blemishes, All joints shall be neatly fitted, secure, and made water-tight. Operat- ing sashes are to be properly weather-stripped to minimize entrance of air and moisture. Double pane shall be Allenco, Jordan or written approved equal brand. Double pane (thermal insulated) windows shall always be installed unless otherwise specified. All windows shall conform to existing dimensions unless otherwise specified. All shall be double pane with screens. 3. WINDOW SCREENS: Wood screens shall be constructed of • 3/4 inch material; header and sides shall be minimum of 2 inches {n width; base shall be minimum of 3 inches in width; and shall, be properly doweled at joints and screen wire shall be 28/16 mesh aluminum or galvanized screen wire. Aluminum screens shall be of standard design and construction with a minimum cross rail and frame width of 1/2 inch, and thickness of 3/8 • inch, and wired with 18/16 mesh corrosion-resistant • • aluminum wire. All window screens shall be full screens. i Standards of Workmanship - Page 7 • _ i i ~OMti gyp, 4. REPUTTY: Surfaces shall be pr ared removal. of all cracked or otherwise material, Proper holding devices will be insta e . New glazing compounds shall be of a good grade and 4 applied according to manufacturer's specifications. Type glazing compound shall conform with usage, 5. WINDOW GLASS: All broken or cracked glass shall be replaced with minimum of DSH glass, (Tempered alass must be used if within 12 inche.s_ofe_xt_eriordoor).. 6, REPLACE SILLS: Wooden sills shall be of preservative treated Western Ponderosa Pine, and shall be made to join neatly with the window jamb and structure. Caulk, prime and two coats of finish paint. 7. WEATHERSTRIPPING: Shall be applied in such a manner as to prevent the entrance of air and moisture. 8. STORM WINDOWS: Furnish aluminum double hung storm window and screen unit in all openings specified in the Hid Work Write-up. Size unit to install on either new or existing window as specified. ?xposed surfaces of aluminum shall be free of surface blemishes and uniform in color. Furnish aluminum fixed panel storm window and screen where specified. If no existing fastening system is present, units shall be installed with suitable fasteners to allow a tight fit, water- proof seal, but still provide removal of unit. Erection shall be by experienced mechanics only. Windows shall be provided with all necessary hardware for installation. Perimeter shall be caulked, grouted. Window shall be installed plumb, true to plane and firmly secured. Leave frame and opening in a like new condition (Allenco, Jordan or written approved equal brand). VIII. EXTERIOR TRIM 1. ALL EXTERIOR TRIM: (Corner boards, bird boards, fascia boards and other moldings) shall be of D grade and applied in a workmanlike manner. Replace all if existing trim style is not available. 2. MASONRY: All masonry work shall be applied in a workmanlike manner. Where brick is installed, there shall. be z continuous reinforced concrete grade beam with proper footings, All joints shall be properly tooled and left in a clean condition, Building face R A brick shall be of gas-fired solid clay or shale units.' • O Structural clay tile, concrete masonry units and stone shall require written approval of equal quality, i. Standards of Workmanship - Page 8 • h G3 • 11 y ~Oende No 40ende 111m { t Otte Ix. FINISH FUpp S 1. WOODEN: All damaged portions shall be removed a flooring of the same type and material applied. All surfaces shall be properly sanded, filled, sealed and varnished with two coats of gloss varnish. Bruce' Flooring and finishing products or written approved i, equal. All damaged sub-flooring shall be replaced with materials similar to existing. Floors shall be trimmed flush at any change io elevation in excess of 1/8 inch. Floor joists shall conform to attached span y' tables - page 20. 2. TILE INSTALLATION: All vinyl-asbestos or inlaid linoleum floor covering shall be minimum 10 mils. } Surfaces shall be properly prepared either by sanding and removing all foreign material from surfaces, filling properly, dnd cleaned; or by installing an underlayment in a neat and workmanlike manner accord- ing to manufacturer's recommendations. Floor covering shall be a first-line inlaid linoleum or a first-line vinyl asbestos tile. Covering shall be installed in a workmanlike manner, and with mastic materials recommended by manufacturer. Remove base trim and replace after ulacing floor cov r . Install quarter round base trim if no trim exists. 1. CARPET: Prepare floor area by correcting subfloor of any irregularities. clean the area thoroughly prior to laying carpet. Lay carpet and pad wall to wall in conformance with manufacturers directions. All carpet shall have a face weight of 24.5 oz. or more. Carpet- inc; shall be stretched tight, free from puckers, scallops, and ripples. Carpeting shall be cut evenly and fittad close to walls and all other projections. It shall be cut to fit closely and evenly into trim atrips and to and through thresholds where carpet joins together in doorways. Filler strips in carpet- ing shall not be less than 12 inches wide and 36 inches long. All carpet shall be lined up so that all lines (weaving) of carpet match as woven. Both in width and length. Re-fit all doors as necessary so that they clear carpeting completely when opening and closing. Remove all loose throads and clean any spots with spot remover, final vacuum. Allow only a minimum number of seams; no T or head seamy will be allowed. Make seams parallel and perpendicular to walls. Do s not make seams perpendicular to doors. Make cuts under doors at the mid-point of the door thickness when the door is in the closed position, Lay all • carpet with the tufting or nap in one direction. J Installation on Stairs: Place seams at the bottom of risers. Use carpeting that is full width of the widest part of the stairway. Wrap carpet and pad standards of. Workmanship - Page 9 • 47 Agenda Agenda Itlm~ around balustrades; fasten to l@eU tree serer t. face. Fasten carpet and pad at ttcm each riser. Where gaps exist at bottom wall after installation of carpet, base mol , either wood or rubber, must be installed (not quarter, round). X. WgLLS IINTERIORI i 1, DRYWALL PRODUCTS: All drywall products shall be a minimum thickness of 3/8 inch where framing is not greater than 16 inrhes OC. Where framing is 24 inches OC, drywall products shall be no less than 1/2 inch in thickness. All drywall products are to be installed in a workmanlike manner. Where repairs are being made, drywall products shall be of the same thickness as ;xisting material, All drywall products shall be taped, bedded, floated, sanded and textured in a workmanlike manner, and dried properly (minimum of 24 hours drying period between each coat shall be al- lowed). 2. WAINSCOT: Where Masonite or temper tile is used, it shall be installed with metal trim and sealed properly to prevent entrance of moisture. Where ceramic tile is used, it shall be installed with an adhesive recommended by the manufacturer, or installed on metal lath and masonry mortar, and grouted properly to make moisture proof. All wainscot shall be installed a minimum of 4 feet high (off floor) in all bathrooms, and shall be a minimum of 70 inches above the drain inlet around showers and bathtubs, 3. CEILING INSTALLATION: Install wallboards with long dimensions at right angles to the supporting members, ends rest on supporting members. Stippled ceiling - remove all loose and chipped paint and sand surfaces of semi-gloss or paint surfaced. Apply joint compound and tape if necessary to any sub-surface cracks or nail pops and allow to dry overnight. Apply a 3/16 inch minimum to 6/16 inch maximum ski.,n coat of ready mix joint compound as evenly as possible over prepared surface. Immediately push soft brush into compound ans pull out perpendicular from surface. Any lesign must be approved by Owner. ;,'oint. compound shall not exceed 1 1/2 gallons per 100 square feet of surface. Joist placement shall conform with attached span tables - page 20. 4, CEILING FINISHES: Drop ceilings shall be 1/2 inch Gypsum. A cove molding (3/4 inch of 1 1/2 inches) • 0 shall be provided where ceiling butts wood or paneled walls. Finish shall be heavy texture or as specified by owner. Install i inch by 3 inches furring strips 12 inches square ceiling tile.. (Acoust.ical) Tile Standards of Workmanship - Pago 10 • CAI • A/Md1 No. shall be interlocking, pattern and opdoptm~,Q. ga- lected by owner. Provide manufaetur rg6molding to the perimeter. Suspended ceilings shal hil" Bar or un-exposed "T" Bar, as specified, to be in- stalled per manufacturers directions. XI. MILL WORK 1. MATERIAL (GRADE AND SPECIES): Material shall be of a select grade of white pine or written approved equal. Plywood shall be of AD grade or written approved equal. 2, WORKMANSHIP: All measurements and dimensions shall be verified at the job and the General Contractor shall be responsible for any work c:uat does not fit prop- erly. Rough carpentry shall be self fitted and nailed and drawn up tight. Finish work shall be finished smooth, free of machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and shall be machine sanded and hand dressed to a smooth finish. Joints shall be tight and so formed as to conceal shrinkage, Mill assemblies shall be joined with concealed nails and screws where practical, or with mortise and tenons with glued blocks where practical, All molded members and trim shall be mitered or coped at corners. Nails in exposed work shall be set, Running flat finish shall have kerfed or worked hollow backs and shall be on commercial lengths. Trim around doors and openings shall be full length and jointed only at corners. Scribing, mitering, and joining shall be done accurately and neatly, XII. PAINTING* 1 1. MATERIALS: Paint shall be well ground, shall not settle badly, cake, or thicken in the container, shall be readily broken up with a paddle to a smooth consis- tency and have easy brushing properties. Paint shall be ready mixed except that tinting and thinning may be done at the job. All paint materials shall be deliv- Bred in original unopened containers, with labels and tags intact. All materials shall Lie of the highest • quality and be used for the purpose for which it was manufactured, USE OF A LEAD BASE PAINT SHALL BE PROHIBITED, All raw wood should be primed asid painted to match existing as closely as possible. Include this in the bid for the installation of the new material. i • 2. GENERAL REQUIREMENTS: Maintain temperature of rooms • where varnish or enamel is being applied at 700F, or more, and at 50°F or more during other interior painting. Exterior painting shall be performed when the air temperature is 50°F or higher and in dry Standards of Workmanship - Page 11 • 0 1 • ra • 'Venus No, 1 A6enda !re 1 Agile m weather. Field painting will not be required on specified to be completely finished at factory or on aluminum, copper, brass, and bronze, or on glazing r- compound in aluminum windows. Back prime wood trim with one coat of linseed oil paint. Allow paint to dry hard between coats (2 to 5 days). Proteot all work from damage by the use of drop cloths. 'Remove paint stains completely from finished wcrk. Covering o. shall be complete. When color, stain, dirt, or Y undercoats show through the final coat of paint the work shall be covered by additional coats until the pain:. is of uniform color and appearance and coverage is complete. Where two coats or more of paint are specified, the coat applied prior to the finish coat shall be applied noticeably lighter in shade than the final coat. Hardware and accessories, fixture-, and similar items placed prior to painting shall be removed or protected during painting and replaced on completion of painting. Sand interior enamel surfaces lightly between coats. In the selection of paints, a reasonable choice of colors shall be offered to the homeowner. 3. PREPARATION OF SURFACES: Perform preparation and cleaning procedures in accordance with paint manufac- turer's instructions and as herein specified, for each particular substrate condition. Remove hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finish-painted, or provide surface-applied protection prior to surface prepara- tion and painting operations. Remove, if necessary, for complete painting of items and adjacent surfaces, Following completion of painting of each space or area, reinstall removed items. 5 Clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning. Program cleaning and painting so that contaminants from cleaning process will not fall unto wet, newly-painted surfaces. All surfaces • requiring finishing shall be thoroughly cleaned and dry prior to painting. Exterior Surface Preparation: Remove existing loose, scaling, peeling or cracking paint; scrape, sand or wire brush surfaces to smooth condition to receive finish, feather edges into sound adjoininc surfaces and dust clean. Such treated surfaces to receive two • . coats of paint. Protect glass, screen and finished surfaces adjacent to painted surfaces. Remove paint misapplied to non-painted surfaces. Perform the following preparation operations for various interior substrates as indicated: Standards of Workmanship - Page 12 _ O 0 • w Wood: Shellac knot holes, pitch pock portions, or seal with knot sealer. Rem ect nails, screws, or hooks. Fill nail holds, defects after first coat, with putty matching color stain or paint. steel and Iron: Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using same type of primer. Plaster, Concrete, Masonry: Check for high moisture and alkali content. If high alkali is present, dry out the surfaces. Prime new materials. Gypsum Wallboard: Clean and send existing surfaces. Apply one coat of texture, sealer and primer to new material. Printed and Stained Surfaces: Remove loose paint, diet, fungus and other foreign materials from the surftce. Smooth surfaces with steel wool or sandpa- per. Wallpaper: Remove all paper to firm subsurface. Patch holes in subsurface, and apply seal coat. Interior Surface Preparation: Remove existing loose cracking, scaling, peeling and/or blistered paint; scrape sand or wire brush surfaces to smooth vondition to receive finish, feather edges into sound adjc'aing surfaces, and dust clean, perform the following preparation operations for various interior substrates as indicated. Wood: Remove projecting nails, hooks or screws. Shellac knot holes, pitch pockets and sappy portions, or seal with knot sealer. Fill nail holes, cracks and defects aftex first coat, with putty matching color of stain or paint. Prime new materials; spot prime existing materials. steel and Iron: Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have • been shop primed, using same type of primer. Plaster, Concrete, Masonry: If high alkali is pres- ent, neutralize to sAtable levels. If high moisture is present, dry out the surfaces. Painted, Wallpapr-ed and stained Surfaces: Remove 8 loose paint or wallpaper, dirt, fungus or other • • foreign materials from the surface. Smooth surfaces with steel wool or sandpaper. Standards of Workmanship - Page 1.3 o a • w • ~tlG1 r~0~- fir, * All raw wood should be primed andpa n existing as closely as possible, include this in the bid for the installation of new materials, 4. EXTERIOR PAINTING: Exterior woodwork shall be painted S to cover as follows: First coat shall be exterior primer., and additional coats shall be oil base or exterior latex paint. Pittsburgh Weather Fresh 33-110 paint or v;ritten approved equal. 5, MASONRY FAINTING: (All exterior concrete masonry except face brick): All exterior masonry surfaces shall receive a minimum of overcoat of primer and filler as manufactured by a masonry paint company, and a minimum of coat of acrylic, and shall he applied in t strict accordance with the manufacturer's recommenda- tions. Y 6. INTERIOR PAINTING: Kitchen, wood doors, wood trim, and other finish woodwork shall be painted to cover with (primer on new work) oil based enamel (gloss selected by owner). Walls, ceilings and all drywall products shall be painted to cover with latex enamel paint. (Color selected by owner). All paint contain- ers shall bear a label containing the product name and the manufacturer. together with an Underwriters Laboratories, Inc. Label, which indicates the required surface covering and resulting flame spread character- istics for variouc applications (Pittsburgh Wall Fresh 68-b paint or written approved equal). 7. CAULKING: Completely seal, with caulking compound, jr.)ints varound frames of doors, windows and other openings in exterior masonry walls, joints where masonry abuts other exterior surface finishes and other joints indicated or specified to be caulked. Caulking compound shall be Grade 1, or written ap- proved equal, and be delivered to the job in the manufacturer's unopened containers. 8. APPLICATION: Work shall be done by skilled mechanics and shall be uniform in appearance, of approved color, smooth and free from runs, sags, skips, and defective • brushing. Make edges of paint adjoining other mold- ings or colors, sharp and clean without overlapping. Should workmanship of finish be found defective, proper preparatory work shall be done and additional teats applied as necessary to give a finish in accor- dance with specifications. At completion, touch up and restore finish where damaged or defaced a-d leave • in first class condition. Painted or finished sur- faces out in hitting or erection shall. be restored. Standards of Workmanship - Page 14 !J J • ca • APO& W. X I I I - FINISH HARDWARE At" IM 1. FINISH HARDWARE: All exte i41ft Annr lnnke shall e properly installed with k r K Weiser, Schlage, Kwikset or Westlock brand not less that ?'contractor" grade; i.e., Kwikset Titan series, Schlage Contractor series, eto. Where more than one new lock is installed to the exterior of building, r these locks shall all be keyed alike. All exterior door putts shall be minimum of 3 1/2 inches x 3 1/2 inches in size with minimum of 3 butts to each door. All new interior passage locks shall be of Weiser, i Schlage, Kwikset, Westlock brand not less that "contractor" grade and shall match as nearly as ' possible the existing locks. All interio--door butts shall be minimum of 3 inches x 3 inches din 8_rra__wit,►1 a minimum of 2 butts to each door. All cabinet hardware shall be polished finished material and properly fitted as required for the particular use. XIV. MISCELLANEOUS r 1. COUN'T'ER TOPS: Tops material shall be securely bonded to reinforced steel core or to 3/4 inch plywood or other written approved equal material. Top material shall be phenolic laminate, vinyl plastic covering, linoleum, ceramic tile, stainless steel, or be of written approved equal material suitable for its intended use. At least a 3 inch backsplash shall be provided when abutting walls. All edges shall be of same material as cabinet top. Where formica, lino- leum, or plastic materials are used for cabinet top, all sinks shall be installed with Hudee rim. All sinks shall be stainless steel, standard grade. 2. ATTIC VENTS: Attic vents and louvers shall be con- structed of either heavy gauged galvanized iron or wood. They shall be of adequate size for proper ventilation of the structure. 3. MECHANICAL VENTILATORS: All mechanical ventilators shall be vented through the roof, and shall be covered • with a rain-proof of galvanized metal {minimum 16 gauge). kk 4. VENT-A-HOOD: See work write up for numbers and makes, € 5. BUILT-INS: (oven and cooking top - gas or electric) See work write-up for model, make and size. @ 6. ATTIC INSULATION: Attic insulation shall be a minimum • • of 6 inches thick rock wool, fiberglass cellulose blown insulation, and evenly blown (from exterior plate to exterior plate) over the entire attic of habitable: roeme. Sha11 have an R valve of 30. : Standards of Workmanship - Page 15 j 0 • • 1r ~n.nd. ~►s e'en 7. CLEAN UP: Wash all windows, 1 ave h oors, porches, and walks in "broom" clean ohdfVTOM,, Remove- - :i all debris from the premises. 8. SITE DRAINAGE: Where required by a change in the exterior building lines or to correct an existing ' condition where surface water runs toward or stands against the walls or foundation, the ground surface shall be grr,ded in such a manner as to effect adequate drainage away from the structure and/or structures. XV. PLUMBING* t 1, BATHROOM ACCESSORIES: Each complete bathroom shall be provided with at least: Grab bar 2501 pull and soap dish at bathtub, toilet paper holder at water closet. Soap dish at lavatory (maybe integral with lavatory), towel bar, mirror and a medicine cabinet or written approved equal enclosed shelf space. In all cases where shower head is installed, provide a shower rod or shower door. Tub kit should be two piece fiber- glass unit with overlapping edges (medium grade). 2. HVAC: For all air conditioning, wall furnaces, floor furnaces and forced air furnaces, BTU output should be adequate to heat area. This should be based on the square feet of the area the unit is intended to heat. The installing contractor must provide documentation showing the Energy Eff. Rating. 3. AIR-CONDITIONING: Addition or replacement of Im/AC systems shall hava high-efficiency systems and burners that are not oversized by more than 15 percent, The installing contractor shall provide documentation showing the unit's size and the energy efficiency i rating. , 4. PLUMBING LINES All plumbing stacks shall be con- cealed in wall and extended through roof, with roof flashing. 5. SEPTIC TANK: Removal shall be done in such a manner as to cause a minimum amount of damage to the sur- rounding structures and landscaping. Fill shall be of such consistency as to prevent subsequent settlings of the fill Fill with sand. * All plumbing components, installations, modifica- tions shall meet the codes and ordinances of the City of Denton, Texas. All work must be done by properly • licensed individuals. I .1 standards of Workmanship - Page 16 • 0 emu- - - • ra P XVI.ECTRICAL* AW*Ne A004 ROM 1. ELECTRICAL LINES; All electric ~A~ali concealed or enn, 'red in an approv .Voondu#tr^ * All eleotrica components, installation, modifi- cations shall meet the codes and ordinances of the City of Denton, Texas. All work must be done by properly licensed individuals. XVII. ENERGY CONSERVATION STANDARDS These standards provide the mandatory levels in the rehabilitation of residential structures. It is realized that not all of the requirements can be followed in all situations due to existing building conditions are funds available. Any one or more of these requirements may be eliminated to the extent they are not practical, consider- ing economic feasibility, program need and type of construction involved. See work write-up for specifica- tions. 1. Doors must be weatherstripped and windows must be reputtied or caulked. 2. All openings, cracks or joints in the building enve- lope must be caulked or sealed. 3. Heating, ventilation and air conditioning systems must have pipe insulation to a value of R-2.* 4. Heating, ventilation and air conditioning systems must have duct insulation to a value of R-4.* 5. Heating, ventilation and ai.r conditioning systems must be of a high efficiency design and must be no greater than 15 percent oversize.* 6. Ceiling insulation must be to a value of R-30.* 7. Wall insulation must be to a value of R-11.* * Applies only when construction elements become • exposed or when new materials are installed. * For additional spy-ifications and standards of wcrkmanship see appropriate local code (page 21). a Standards of Workmanship - Page 17 i 1,6 • O • r~T • I PEALING JOIST AgendaNa - - - y Agenda hem of C` LUMBER MAXIMUM ALLOWABLE SPAN' GRADE & SPECIES Sr ACING OC 2 X 6 2 X 8 2 X 10 2 X 12 12" 19,111, 26' 2" 33' 6" 40' 8" #2 ' DOUGLAS 1S" 18' 1" 23'10" 30' 6" 3611011 FIR 24" 16' 9" 20'10" 26' C" 32' 3" 12" 16' 1" 21' 2" 27' 1" 33,101, #3 a. DOUGLAS 16" 14' r' 19' 3" 24' 7" 20'11" , FIR 24" 12' 9" 16,101, 21' 6 26' 8" 12" 19' 6" 26' 8" 32' 9" 39' 10" #2 , YELLOW 16a 17 8ri 23 4u 29' al" 38 2" PINE 2d'' 16' 6" 20' 6" 26' (1" 31' 7" #3 12" 18' 8" 24' 7" 81' 4" GT 4" YELLOW PINE 16" 16' 11" 22' 4" 28' 6" 34' 3" 24" 14' 9" 19' 6" 24' 10" 29' 8" #2 12" 18' 2" 24' 0" 30' 7" 37' 2" SPRUCE- PINE- 16" 161 6" 21' 9" 27' 9" 33' 9" FIR 24" 14' 6" 19' 0" 24' 3" 28' 0" _.#3 12" 11' 3" 16' 1" 23' 4" 29' 9" SPRUCE- PINE 16" T9' 3" 16' 11" 21' 2" 27' 1" - FIR 24" 8'11" 14' 1" 18' 6" 23' 8" y c ' THESE SPANS ARE INTE,"wOLATED BY USE OF THE FOLLOWING TABLES OF THE 1991 EDITION OF THE UNIFORM • BUILDING CODE; i { TABLE NO. 26•A•I ALLOWABLE UNIT STRESSE6 -STRUCTURAL LUMBER ALLOWABLE UNIT STRESSES FOR STRUCTURAL LUMBER - VISUAL GRADING ? (NORMAL LOADING. SEE ALSO SECTION 2804) TABLE No. 26-U-J-4 - ALLOWABLE SPANS FOR CEILING JOISTS - 10 LBS PER SO FT LIVE LOAD t DESIGN CRITERIA; DEFLECTION FOR 10 LBS PER SO FT LIVE LOAD, LIMITED TO SPAN IN INCHES DIVIDED BY 240, i• STRENGTH-LIVE LOAD OF 10 LOS. PER SO FT, PLUS DEAD LOAD OF 6 LOS PER SO FT DETrnmlW,S THE R£OUIRED • FIBER-STRESS VALUE. Standards of Workmanship - Page 18 • i w 0 RAFTERS LUMBER MAXIMUM ALLOWABLE SPAN" GRADE & SPECIES SPACING OC 2 X 6 2 X 8 2X10 2 X 12 s 12' 16 b 21 8' 27' 6" 33' 6" #2 DOUGLAS 16" 14' 3" 18' 9n 24' 0,l 20' 1" FIR 24" 11' 7" 15' 4" 19' 7" 23' 9" 12" 12' 7" 16' 7" 21' 2" 25' 9" 11 DOUGLAS 18 10, 11" 14 4H 18 4" 22 4" FIR 24" 8' 11" 11' 9" 14' 11 18' 2" 12" 16' 2" 21' 4" 27' 2" 33' 1" YELLOW 16" 14' 0" 18' S" 23' 7" 28' r, PINE 24" 11' 5" 15' 1" 19' 3" 23' 4" #3 i2" 12' 3" 16' 1" 20' 7" 25' 0" YELLOW 16" 10' 7" 13' 11 17' 10" 21' 6" PINE 24" 8' 8" 11' b" 14' 5" 17' 6" #2 12" 13' 8" 18' 0" 23' 0" OX 11" 4 SPRUCE- PINE- 1611 11 10 16 7 19, 11 24 2 FIR 24" 9' 8" 12' 9" 16' 3" 19' 9" a: #3 12" 10' 4" 13' 7" 17' 5" 21' 2" SPRUCE- 1611 +I PINE- 8 1111 911 ib lot Ol 18, 4 I FIR 24" 7' 4" 9' 7" 12' 3" 14'11" -s ' THESE SPANS ARE INTERPOLATED BY USE OF THE FOLLOWING TABLES OF THE 1991 EDITION Of THE UNIFORM !r O BUILDING CODE: it TABLE NO. 25•A-1 ALLOWABLE UNIT STRESSES - STRUCTURAL LUMBER ALLOWABLE UNIT STRESSES FOR STRUCTURAL LUMBER - VISUAL GRADING ICJ' (NORMAL LOADING. SEE ALSO SECTION 2504) r TABLE NO. 25•U-R-13 - ALLOWABLE SPANS FOR HIGH SLOPE RAFTERS SLOPE OVER 31N 12 20 LBS PER SO FT LIVE LOAD (LIGHT ROOF COVERING) 4 DESIGN CRITERIA; STRENGTH -SEVEN LOS PER SOFT DEAD LOAD PLUS 20 LBS PER SOFT LIVE LOAD DETERMINES: REQUIRED FIBER STslSS. LEFLECTION • FOR 20 LOS PER SO FT LIVE LOAD, LIMITED '0 SPAN IN INCHES DIVIDED BY 130, RAFTERS: 64'ANS ARE MEASURED ALONG THE HORIZONTAL PROJECTION AND LOADS ARE CONSIDERED AS APPLIED ON THE h')RIZONTAL PROJECTION. f Vi f I: Standards of Workmanship - Page 19 • 0 L 0 0 R J01 TSB"~'n "Y NMI" LUMBER MAXIMUM ALLOWABLE SPAN" GRADE & SPECIES SPACING OC 2 X 6 2 X 8 2 X 10 2 X 12 1211 10111'' 14' 51' 181 Err 221 5" #2 16" 9'11" 13' 1" 18' 911 DOUGLAS 20' A" FIR 2411 Si S" 11r Sri 141 7' 171 9" 12" 101 811 131 to" 171 811 21' 6" 1611 91 61r 121 711 181 0" 191 6" 1 DOUGLAS FIR 2411 81 411 111 01r 141 011 11" On 12" 10' 9" tA' 2" !8' 0" 21'1!" #2 YELLOW 1611 91 911 12' 10" 16' Sir 19,111, PINE 2411 01 611 111 31r 141 411 171 S" #3 1211 10' 311 131 611 171 3" 211 0'1 YELLOW PINE 1611 9' 4" 121 3" 16' S11 191 1" 24" 8' 211 101 911 131 811 161 011 #2 12" 10' 011 131 211 18' 101' 201 8" SPRUCE- 1 1r 11 PINE- 16 9 1 12 0 15 3 18 7' FIR y 2410 7111" 10' 611 13' 4" 16r 31, 03 1211 9' 91' 12' 10" 161 5" 19,111, ICE- I 1611 8' 1011 11' R'1 12' 1111 18r 1" r P[N'c- i FIR 24" 71 91r 10' 2" 131 0" 13,101, ' THESE SPANS ARE INTERPOLATED BY USE Of THE FOLLOWING TAB+.ES OF THE 1991 EDITION OF THE UNIFORM BUILDING CODE: TABLE NO. 25-A-1 ALLOWABLE UNIT STRESSES - STRUCTJV;N. LUMBER ti ALLOWABLE UNIT STRESSES FOR STRUCTURAL LUII - VISUAL GRADING (NORMAL LOADING, SEE ALSO SECTION 2504) TABLE 140, 25•U,1-1 - ALLOWABLE SPANS FOR FLOOR JOISTS - 40 LBS PER SO FT LIVE LOAD DESIGN CRITERIA: DEFLECTION • FOR 40 LOS PER SO FT LIVE LOAD. LIMITED TO SPAN IN INCHES DIVIDED BY 050. ` • STRENGTH • LIVE LOAD OF 40 LOS PER SO FT PLUS DEAD LOAD OF 10 LBS PER $0 FT DETERMINES THE REQUIRED • • FIBER STRESS VALUE. G i i1 Standards of Workmanship - Page 20 • i r XIX. MISCELLANEOUS AgindiMq, U r 1. COMMERCIAL AND MULTI-FAMILMI " CONC, r CITY CONSTRUCTION CODI]S 0, The construction codes which have been adop e in the City of Denton are: a. 1991 Uniform Building Code with Amendments b. 1985 Uniform Mechanical code with Amendments c. 1993 National Electrical Code with Amendments d. 1985 Uniform Plumbing Code with Amendments h Copies of these codes may be read the Building Inspection Office. Contractors will be rcnponsible to comply with changes made to the approved codes adopted for use in the City of Denton. Permits are required on the following: Building (New or Remodeling) Plumbing Heating, Ventilating & Cooling Electrical Sidewalk (if in Right-of-Way) Roofing (when not part Lawn Sprinkler of building permit) Driveway Approach Swimming Pool Fence Sign Following are required inspections and phone numbers to request those inspections: 566-3363 566-8361 566-8364 BUILDING ELE 1 1.q PLUMBING Approach Saw Service Rough-In Foundation Rough In Partial Rough Framing Slab Rough in Water Yd Line A C Duct Service Lateral. Sewer Fireplace Undairground Gas Yd Line A C banal Temp Power Stack Out Parkii,g Pool Grounding Gas Pressure Test Fence Sign Vacuum Breaker Mobile Home Ru-Connect PLUMB & GAS FINAL Setback Pool Final S Sign FINAL ELECTRIC Swimming Pool Roof Drain FINAL BUILDING THESE 'INSPECTIONS MUD BE REQUESTED BY THR CONTRACTOR DOING THE Wes. • PLEASE USE THE PHONE NUMBER IND.'^ATED ABOVE, UNDER THE • TYPE INSPECTION REQUIRED, TO REQUEST THAT INR-.)ECTION. ~ 1 Standards of Workmanshlp - Page 21 • 0 r + ' +.rrrrrwrr~ • ra 0 4pM t, When area sel:aration walls ar uir he Lion within the attic shall be comp nd e 3 before ceiling is installed, L It is the responsibility of the individual pe to obtain required Inspections before a building use is completed or occupied. A CERTIFICATE OF OCCU- PANCY must be issued on commercial projects, ae required by the Zoning ordinance and Building Code, Fs before any structure is released for public use, 2. SAFETY STANDARDS: Every sleeping room below the fourth (4th) story shall have at least one (1) operable window or exterior c door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet, The minimum not clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Every dwelling a.%d guest room in lodging houses and every dwelling unit within an apartment house shall be provided with smoke detectors approved by Underwriters Laboratories or Factory Mutual, In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are located on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway, All detectors shall lie located within 12 inches of the ceiling. When actuated, the detector shall provide an alarm in the dwelling unit or guest room, • Every attic or furred space in which a warm-air furnace is installed shall be readily accessible by an oponing and passageway as large as the largest piece of the furnace and in no case less than 30 inches by 22 inches continuous from the opening to the furnace and its controls, The opening to the pasnagewe,y shall be located not more than 20 feet from the furnace measured along the center line of such passageway. Every passageway shall be unobstructed a;.d shall have • Q solid continuous flooring not less than 24 inches wide from the entrance opening to the furnace. Standards of Workmanship - page 22 • Q , . G? t i DENTON E ppaQaaoanoooo . ppp o fl ~ 0z 1 QD 000,`~ 'Od0 cQ ~ ~ b ~ a ~ d `10 Quo 000 f. °oo„o 0 No It 0 ° CITY r • o COUNCIL • 0 q.s-v37 spy DATEt to 'ca 11, 1995 ft CITY COUNCIL REPORT FOR" t. Tot Mayor and Members of the City Council FROMI Lloyd V. Harrell, city Manager BUBJ: Approval of an ordinance setting guidelines for operation of the City of Denton's optional Reconstruction Program. Eligibility criteria as set forth in the program guidelines for the purpose of authorizing expenditures in excess of $15,000 for projects meeting guidelines and criteria. RECQMENnATM: Community Development staff recommends approval of this ordinance. BUMMJIRY: Approval of this ordinance adopts the Optional Reconstruc- tion Program guidelines (provided Council under separate cover) and authorizes contractor payments in excess of $15,000. This program allows for demolishing structures not feasible for rehabilitation and reconstructing a new structure within the maximum home subsidy limits set by HUD for the Denton area, City Council will not be required to approve individual projects or project expenditures. BACKGROUND: City of Denton Ordinance 93-182, Item 10.30, Section B, states that any project or purchase that exceeds $15,000 must be approved by City Council to comply with State statutes. The maximum expenditure for a reconstruction project will exceed this $15,000 limit, The Community Development optional Reconstruction Program Guidelines set forth eligibility criteria for expending • Federal HOME Grant funds on a project where it has been determined that rehabilitation is infeasible. These guidelines adhere to the rules and regulations as set forth s by the U. S, Department of Housing and Urban Development (HUD) regarding project cost limitations and eligible income ranges. Criteria for monitoring/approving applicants and project expenditures are defined n the program guidelines, • Monitoring visits by HUD are made on an regular basis to 0 ensure that Federal regulations are adhered to. Contracts are between the homeowner and the builder, Payments to the general contractor are made following a request by the contractor based on approval by the property owner, Community Development Inspector and the Community • AP* IM Ag" tMaa DaU Report Format October 4, 1994 Page 2 Development Administrator, Final payments on all projects are also contingent on approval by the city's plumbing and electrical inspectors, Community Development staff estimates 4 to 6 reconstruction projects will be completed during the 1995-96 budget year. These projects will exceed the $15,000 expenditure limit. For efficienoy in administering these programs, it is recommended by the City's Community Development staff that the program guidelines and expenditure limits be approved by City Council once annually rather than requesting approval of expenditures for each individual project, Approval of this ordinance is requested on an annual basis to be in compliance with State statutes. PROGRAMS, DEPAR ENT6 OR GROMLAZIE EDt The community Development staff will administer this program in compliance with Federal regulations, FISCAL IMPACT; NSA Respeo ~ully submit ed: 11/1 V. o . Harrell city Manager Prepared by: Nancy Bak Community Development Office P ro'ved'- 0 rank ob A , A CP ` • • Director for Planning 4 Development a j;\vpdocs\ord\optrec0n,o A Ap Adl NM Dal$ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILIT'I CRITERIA; AUTHORIZING EXPEN- DITURES IN EXCESS OF $15,000 FOR PROJEC'.^S MEETING PROGRAM GUIDE- LINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to asniot low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton participates in a Housing Rehabili- tation Program administered by the city of Denton Community Devel- opment office and funded through a federal grant from the Depart- ment of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That It approves the Optional Reconstruction Program Guidelines and Optional Reconstruction Program Eligibility Criteria which is attached to this ordinance as Exhibit '$A" and authorizes the City of Denton Community Development Office to administer this program. ECOR That it authorizes tha expenditure of funds in excess of $15,000 by the Community Development Office for projects meeting program guidelines and criteria. SECTION III,. That this ordinance shall become effective immed- iately upon its passage, PASSED AND APPROVED this the day of , 1995, • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORMI i HERBERT L. PROUTY, CITY ATTORNEY BY: l~ N ~7 a / • b • App No. AWAA no Ora CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM GUIDELINES n i l 1. 5 AW41 w ~yAW46 No Y~ TABU or coifuNTB I. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 II. DESIGNATED AUTHORITY . . . . . . . . . . . . . . . . . . . . . . Page I III. IMPLEMEITI'ATION PROCESS . . . . . . . . . . . . . . . . . . . . . Page 1 IV. ELIGIBILITY REQUIREMENTS . . . . . . . . . . . . . . . . . . Page 3 V. FEASIBILITY FOV RECONSTRUCTION . . . . . . . . . . . . . . . . . Page 4 VI. SELEC'T'ION OF RECIPIENTS FOR ASSISTANCE . . . . . . . Page 4 VII. ALLOWABLE EXPENSES AND CATEGORI:PS OF FINANCIAL. ASSISTANCE Page 4 VIII. REHOUSING AGREEMENT . . . . . . . . . . . . . . . . . . . . Page 8 IX. F'INAI, INSPECTION - CERTIFICATE OF OCCUPANCY . . . . . . . . . . . Page 8 PROGRAM INCOME RANGE. TABLE . . . . . . . . . . . . . . . . . . . . APPENDIX I APPLICATION AND TEMPORARY RELOCATION QUE9TIONNAIRE . . . . . . . . APPENDIX REHOUSING AGREEMENT FOR HOMEOWNERS . . . . . . . . . . . . . . . . APPENDIX 3 'T'EMPORARY REHOUSING ASSISTANCE POLICY . . . . . . . . . . . . . . . APPENDIX 4 3 w . I • • Agenda No. ``R.. Agenda Item CITY OF DENTON 12 OPTIONAL RECONSTRUCTION PROGRAM GUIDELINES Unless hL:ain stated otherwise, general operating procedures contained in the City of Denton's Community Development Sameowner Rehabilitation program Ouidelinon will be followed, I. PURPOSE iA. A. The City of Denton, Taxaa, will provide assistance neceseacy to 7 accomplish the reconstruction of dwellings not feasible for rehabilita- tion through the Homeowner Rehabilitation Program, The optional Reconstruction Program will provide funds to temporarily relocate occupants from dilapidated structures into adequate, decent safe, and sanitary dwellings, demolish existing dilapidated dwellings and r; reconstruct adequate, decent, safe and sanitary replacement dwelling, In addition, the City will also promote the elimination of alum and blight that exlats in the City, B. Reconstruction payments and assistance will be carried out under the City of Denton's Community Development Program an an eligible expense ' from project funds. Assistance shall be subject to the availability of grant funds and U.S, Department of Housing and Urban Development (HUD) implementing regulations. Administrative procedures will be modified to meet any change in rules cnd regulations of HUD which may occur over time. it, p48IGNATED AUTHORITY i A. Administrative authority for implementation of the program will rest with the city of Denton's community Development Office. This office will serve as the approving office for Rehouninv Agreements and for contractual and budget changes as needed for project completion, i , B. The Community Development Administrator will have tho responsibility for final determination of the amount of reconstruction and relocation assistance to be made available to individual applicants in accordance with the implementing procedures, This determination will be based upon evaluations of the costa to be incurred by alternative housing options and upon needs of Individual applicants with respect to , temporary relocation assistance and other expenses required in order to facilitate the rehousing of the occupants, • C. The Community Development Administrator will be responsible for approval of applicant eligibility for the program and final approval of selection of applicants to be assieted, This will be based upon relative need of applicants on the city's list of houses which have been determined infeasible for rehabilitation under the City's Housing Rehabilitation Program, III, jyPLENENTAT 0I {1 PAOCE88 ~ Steps in implementing the program will be as follower i Revised 10/09/95 Program Guidelines - Page 1 M d j' • AWdo No. Agenda Item l a.~. th Dab S A, community Development Office maintains list of app rehabilitation program assistance where a determination has been ma a that the structure is not feasible to rehabilitate to minimum standards under the City's Housing Rehabilitation Program. H. Homeowner is notified that the rehabilitation of the structure has been determined to be infeasible, Eligibility requirements for the optional t' Reconstruction Program must be met for applicants to he placed on the optional Reconstruction Program waiting list, g' C. Staff evaluates applications for reconstruction assistance as specified in Section VI. Staff processes applications an possible under funding and staff limitations. D, Homeowner is Informed of available housing options, including temporary relocation payments and assistance. R, Homeowner submits a Replacement Housing Assistance Request, acknowledg- ing receipt of information explaining the City's program, and request- ing reconstruction payments and assistance to enable homeowner to obtain suitable and adequate housing. F, Community Development staff determine whether or not approv..1 of homeowner's Replacement Housing Assistance Request reasonably may be expected to result in the successful and feasible rehousing of the homeowner. In cases where the homeowner's general health or income level would preclude his or her adequate and responsible operation of a replacement dwellings and/or cases in which the costs of the replacement dwelling would be substantially above the costa of typical caseep and to the extent that the probability of the City reaching its community Development Program goats would be endangered due to cost overruns, the homeowner's request may be denied, The homeowner will t be notified in writing of the determination and, if the request is not approved, the reasons for denial. When the determination is approval of the applicant's request, a Nntice of Approval will be sent informing the homeowner that the City is authorized to enter into a Rehousing Agreement with the homeowner for a specified Replacement Housing Payment determined appropriate by the city pursuant to itn Reconstruc- tion Policy, Prior to any aursoment being executed between the homeowner and the City, the Conuuunity Development office will comply with the public disclosure and notification/authorization to and from HUD requirements according to 24CFR Part 70, section 104(d), Recon- struction and One-for-One Replacement Housing Requirements, 4, A Rehousing Agreement is executed between the homeowner and the City, I under the terms of which the homeowner agrees to move permanently and voluntarily from the dwelling on or before a specified date. The City agrees to provide the homeowner with a specified amount of Replacement Housing Payment to be used for the Bole purpose of obtaining a suitable decent, safe, and sanitary replacement dwelling, r H. Con¢30nity Development Staff will provide counseling and assistance as nsed,id to approved homeowners in order to facilitate the homeowner's rehousing, including referrals to builders, suppliers, etc.r and in t oxtron.e hardship cases, provision of temporary housing or reimbursement of temporary housing expenses and reimbursement of moving, storage, and other necessary expenses related to rehousing the applicant as epecifiel in the terms of the Rehousing Agreement. 1. The homeowner and the community Development office agreo to the arrangement and method of the approved payments, the homeowner will execute a ,contract with a builder for the selected replacement Revised 10/09/95 Program Guidelines - Page 2 r O • u, o - t Aida rya. ApendJ flem DM - dwelling. The homeowner will also contract for the demolition of the i substandard dwelling and for lot and site clearance and preparation, 1 K. When appropriate, the homeowner voluntarily vacates the substandard z dwelling, L. The replacement dwelling is constructed and appropriately inspected by the City to determine adequacy and compliance with City codes. f' M. City certifies that the replacement dwelling is decent, safe, and sanitary and ready for occupancy. City issues Certificate of Occu- pancy. 1 A N. Homeowner accepts replacement home, 0. All remaining approved payments are made to homeowner at a formal t, closing ceremony, and homeowner acknowledges receipt of payment, P. Upon completion of all actions in regards to roeonatruetion, homeowner acknowledges in writing that all payments, assistance, and conditions it of the Rehousing Agreement. have been received to the applicant's eatisfactlon. 4. Homeowner occupies replacement structure, r IV. EI_ OIB LI Y 9 OLMXtN_T$ t Eligibility for reconstruction payments and assistance shall be estab- t .linhed as followsi P A. Applicant must have applied for rehabilitation assistance under the city of Denton's Housing Rehabilitation Program, 11. Applicant must have been rejected for rehabilitation assistance on the z grounds that the applicant's occupied dwelling was not feasible to rehabilitate, C. Applicant must be an owner occupant of the dwelling for which rehabili- tation assistance is requested and reside within the city limits of Denton, The dwelling must be the applicant's principal residence for a minimum of 2 years prior to the submission of a completed application for assistance, D. Applicant most present proof of ownership by General or Special Warranty deed. City staff will verify proof of ownership with title searches as necessary on the property where the dilapidated structure exists and/or the site whore the replacement housing will. be built. In eituatLone whets the applicant does not have clear title, attempts to clear the title will be initiated with the assistance of the applicant. when meeting this guideline requirement is not faasible, i applicant must present proof of ownership (General or Special Warranty Deed) showing fee simple title of 50% or more ownership in the n applicant's name. (All other title holders will be requested to relinquish their title rights to the applicant.) Applicants with lose z than 100 percent fee simple title must have a continuing right to occupy, the premises. Applicant must provide documentation for all existing liens, All current lienholdero will be requested to subordi- a • nets their lien position to ti,e city, w E• Applicant must establish that all property taxes are paid L I the t property to be vacated (and/or the proposed construction site) and that i_ Pr Reviled 10/09/95 Program Guideline - Page S i i 0 • q Apend! Na. k Attenda Item Otte all other liens are satisfied or released. No assistance will be provided on properties with taxes in arrears. The City will relinquish first lien position only to a mortgage company. In all other oases, I lienholders will need to relinquish first lien position to the city. F. Applicants shall provide complete and accurate information regarding their household composition, household Income, and housing situation. Failure to disclose information which may affect eligibility require- ments shall also constitute fraud. Applicants shall he required to make ful:, restitution to the City in the event Community Development services are provided to applicants who provided Inaccurate or } incomplete information in order to meet eligibility requirements. Requests for further assistance will be denied unless restitution is made in full. o. Applicants must be certified as financially able to maintain their housing expenses. H. Applicants w1.11 agree to conform with Denton Code Enforcement requests prior to being determined eligible for replacement housing assistance. Applicants agree to maintain dwelling and exterior grounds in accor- dance with applicable city ordinances. 1. Applicants will be encouraged based on individual needs to attend Community Development homeowner education olaases, with emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilitisa of home ownership when available. V. )!!,A$IBILITY FOR RECONOTRUCTIOj( Feasibility for reconstruction is based on determining all related costs to complete a reconstruction project. Total project costs cannot exceed the maximum amount allowed as set by the current section 221(d) (3) Lowest Home Per-Unit Subsidy Limits for the state of Texas as set by the Department of Housing and Urban Development. Project costs include, but are not limited to, the cost of demolition, site preparatton, approved temporary relocation expenaea, cost of replacement dwelling, title search fee, and/or any HUD approved expenditures necessary to replace a substandard unit. VI. bCcMg OF RECIPIENTei FOR Aga Is TAM I A. Initial recipients of this program will be taken from the list of homeowners residing in structures determined to be infeasible to rehabilitate. Additional recipients will be added during subsequent operation of the City of Denton's Housing Rehabilitation Program. B, The number of recipients to receive assistance will be subject to ava-sa11ity of funds. C. Applicants will be placed on a wafting list for reconstruction assistance based on the time and date they originally applied to the community Development office for rehabilitation assistance. • VII, ALLOWABLE EIp"M AND CATEGORIES OF FINAMCIAL ASSISTANCE • A. The primary form of assistance to be provided will be the use of Federal HOME grant funds to pay for the coat of the replacement dwelling and costs related to replacing a substandard unit. Revised 10/09/95 Program Guidelines - Page 4 less Y AW41 No, AgMda KIM - - f, Dtlc ` H. No reconstruction will net fewer bedrooms than th a family hag before reconstruction. Room addition(s) to relieve aerioue overcrowding may be eligible only with the approval of the Community Development Administrator. In general the City will follow the standards consistent with the applicable Housing Quality standards described at 24CfiR 882.209(b)(2) when considering the number of ) bedrooms needed to avoid overcrowdings I ~r t of Ocggi+pant 1nAouaahold 0 of-Hedraoms ~M" 11aximl!~ 2 i 4 ? 3 3 6 r 4 6 8 C. The City of Denton has FOUR FINANCIAL ASSISTANCE CATE00RIE6 for those who qualify for the Optional Reconstruction Program. These categories are based on the Oualifvina Fors L1s. au4 appendix to lthfor ese guild City DeAton' ■ ly A ■it~3toa ?ro0r_pr~s (see PP for curren-dderalt^income limit ranges). A description of the financial assistance categories and their requirements area 1. 20_Fercent RoconetYU io j`a~r 18o Vercen Oefugred Paymont Loans Clients whose gross annual household income falls above 65 percent up to 80 percent of Denton's MSA median family income limits will qualify for this two.-part loans a 3 rcen in rest Lgn with the loan amount being based on 20 percent of the total project cost (excluding temporary relocation and demolition costa). The 3 percent loan will be amortized over 120 all 120 The lion will not be released on payments are received in full by this part of the loan unt ity of Denton) and aeferr d oavment loan with the loon amount being based an 80 percent of the total project cost (excluding temporary relocation and demolition costs). A detailed description of the deferred payment loan is found below after section VII.D. 2. 30 ParcQnt ReC 8truCtkvn_Loan LAD PeYCent_Deferred Payment Loans Clients whose gross annual household income falls above 50 percent up to 65 percent of Denton's MSA median family income limits will qualify for this two-part loans a 3_ eroen „~.D<eres& loan with the loan amount being based on 10 percent of the total project coot (excluding temporary relocation and demolition coats) to be amortized over 120 months (10 years). The Ilan will not be released an this part of the loan until all 120 payments are received in full by the City of Dantonl and E j t an red gylsleL~4_~n with the loan amount being based on 89 percent of the total project cost (oxoluding temporary relocation and demolition coats). A detailed description of the deferred payment loan is found below after section t'II.D. j 3. § Perceu , gamgt_n1_otlon Loan _195 Perch neee.rred Eavme iit_499i1 r F. Revised 10/09/95 Program Guidelines - Page 0 3 FWds H0.IGns ,;Bents whose gross annual household income falls above 30 percent co to 50 percent of. Denton's MsA median family income limits will cuolify for this two-part loans a 3 percent interest loan with the loan amount being based on 5 percent of the total project cost (excluding temporary relocation and demolition costa) to be amortized over 120 months (10 years). The lien will not be released on this part of the loan until all 120 payments are received in full by the City of Denton; and - a dLe erred payment loan with the loan amount being based on 95 percent of the total project cost (excluding temporary relocation and demolition costs). A detailed description of the deferred payment loan is found below after section VII,D. i 4. 2.5 Percent Reconstruction Loan / 97.5 Percent Deferred Payment Loan Clients whose gross annual household income falls at or below 30 percent of Denton's MeA median family income limits will qualify for this two-part loans a 3 vercent interest. loan with the loan amount being based on 2.5 percent of the total project coat (excluding temporary relocation and demolition costs) to be amortised over 120 months (10 years). The lien will not be released on this part of the loan until all 120 payments are received in full by the City of Denton; and a deferred oayment loan with the loan amount being based on 97.5 percent of the total project cost (excluding temporary relocation and demolition costa). A detailed description of the deferred payment loan in found below. !DESCRIPTION OF A DEFERRLk PAYMENT , LOAN A deferred payment loan shall carry 0 percent interest and continues until the applicant satisfies the conditions listed in the promissory note executed prior to project start date. There are no monthly payments. Deferred payment loans are secured by a lien on the property. The lien will be for 120 months (10 years). For each month the homeowner lives on the property, 1/120 of the total deferred payment loan amount will be forgiven. If the reconstructed dwelling is sold or transferred before the lien period expires, the homeowner in credited for every month of residency, The Credit to subtracted from the total loan amount to determine the unforgiven balance, The unforgiven balance is owed and becomes due spon sale or rental of the property to the community Development Program and is received and used thereof as program income. The city of Denton will be in the lot lien position on all reconstructed dwellings, However, in situations where lot lien position is not feasible, the City will accept a lower lien position subject to the review and approval of the community Develop- ment Administrator, The lien will not be forgiven until the following conditions are mots 1. The homeowner must reside in the unit for a period net lass than 10 years. 2. The property must be maintained to meet city code requirements. 3. Mortgage payments must be met on a timely basis. 4. Homeowner must provide documentation of adequate homeowner's insurance, including casualty and fire coverage, and the City must Revised 10/09/93 Program Ouidelines - Page 6 , 0 AWda No, AGM Item Date be listed on the Certificate of Insurance to be no e In case o policy cancellation. D. If within this 10-year period the homeowner defaults on their deferred,. payment loan, and/or if the homeowner defaults on payments on their 3 percent interest loan, the loan will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the homeowner to avoid foreclosure and will examine each situation on a case by case basis. E, Allowable expenses will include: 1. Cost of total demolition and clearance of the dilapidated struc- ture, lot eleaoance, and preparation of job site for new replace- meet dwelling, 2. City approved actual and reasonable moving expenses, plus roim- bursement of approved coats for storage of homeowner's belongings as needed. 3. Cost of utility and appliance transfers and hookups as necessary (excluding cable TV), 4, City approved legal and filing fees necessary to obtain a clear title to property, 5. Cost of temporary housing as not forth in the City of Denton's community Development Tenant Assistance Policy. Costs exceeding the Policy can be made in extreme hardship cases when determined necessary by the community Development staff, 6. Other expenses the Community Development office determines to be necessary to facilitate the relocation of the homeowner. 7. Cost to reconstruct safe, sanitary, decent replacement dwelling, F. Community Development staff will oleo provide assistance and counseling to applicants as needed, including the followingi 1. Information on the program and rehousing options available, 2. Assistance in soliciting bide for replacement housing. 3. Assistance in temporary relocation and related concerns. 4. Assistance in contractual compliance between homeowner and contractor. 5. Assistance in inspection of construction of replacement dwelling, if applicable. 6. Assistance to applicant in evaluation of future maintenance burdens of various housing options. O. If, after the loan payback begins, a household experiences a ltt.7eanent, substantial lose of household income, a homeowner can request a review to adjust their current level of assistance. However, in no instance will the payable loan portion be reduced below the minimum 2.5 percent payable loan level. The loom of income XWAJ be from an inocaw-aarning household meabor whose moose was used in datermining the original loan assistance category, examples of "permanent loss" aret Revised 10/09/95 Program Guidelines - page 7 • ca o _ A Agenns Ho hpenoa i Uafe e_ 1. death 2. retirement (must be 62 years of age or older) 3, permanent disability u 4, member (not a deed holder) has permanently moved out To determine if a reduction in the loan is eligible, the household members will be asked to complete all income information and forma as rf required in Section lI - Application Processing for the Homeowner Rehabilitation Program. A determination will be made after evaluating the household size and income using the program guideline income limits and financial assistance categories that are being used at the time the request for reduced loan payment is made. If the lose of income places the household In a lower payback category, the loan balance will be ! reduced (which will increase the deferred payment loan balance) according to current financial assistance category guidelines, when U a loan reduction is granted, the homeowner must sign an Extension of Note and Lien reflecting the now loan and deferred loan amounts. A waiver of these provisions can be requested if the property owner feels it that his/her circumstances require special consideration. Section V. of } the Homeowner Rehabilitation Program Procedures explains how to request a waiver. r VIII. RQU,_QINO AOREENENT A. Each applicant assisted through the program will aign a Rehousing Agreement with the City which outlines the reaponsibiLities of each. The agreement establishes a date on which the homeowner agrees to permanently vacate the present structure, agrees to demolition of the present dilapidated structure, agrees to occupy the replacement structure when structure is completed and ready to be inhabited, and agrees that temporary housing will terminate when structure is ready for occupancy as determined by the City of Denton. B. The Rehousing Agreement outlines the City's responsibility to provide replacement housing payment, that includes bearing the cost of temporary relocation and moving expenses that have been determined reasonable, and obligates the City to bear the cost of utility and appliance hookups and other fees which may be necessary to make the rehousing possible. I%. jJ1 g$CTION - CERTIEICATS of OCCUPANCY The City of Denton will be responsible for final inspection of all housing units made available through the program to determine that the replacement unit made available through the program to determine that the replacement unit and all items identified in a "punch list" have been corrected. This Certificate of occupancy will serve as evidence to HUD of the City's determination that the dilapidated structure has been replaced by a decent, safe, and sanitary dwelling and that the family has been successfully relocated. Revised I0/09/95 Program Culdelinst - Page B ~:r • • • r Appendix 1 Revised 02/08/95 QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF DENTON'S FEDERALLY ASSISTED PROGRAMS 1 INCOME RANGES AND LOAN DESCRIPTION FOR THE OPTIONAL RECONSTRUCTION PROGRAM FAMILY 208 PAYABLE LOAN/ 108 PAYABLE LOAN/ 58 PAYABLE LOAN/ 2.5♦ PAYABLE LOAN/ SIZE 808 DEFERRED JOAN 908 DEFERRED LOAN 958 DEFERRED LOAN 97.5♦ DEFERRED LOAN 1 $26,300 - $21,386 $21,385 - $16,151 $16,45h - $ 9,871 $ 9,870 OR BELOW 2 $30,100 - $24,441 $24,440 - $18,801 $18,800 - $11,281 $11,280 OH BELOW 3 $33,850 - $27,496 $27,495 - $21,151 $21,150 - $12,691 $12,690 OR EaLOW 4 $37,600 - $30,551 $30,550 - $23,501 $23,500 - $14,!01 $14,100 OR BELOW 5 $40,600 $33,021 $33,020 - $25,401 $25,400 - $15,241 $15,240 OR BELOW 6 $43,600 - $35,426 $35,425 - $27,251 $27,250 - $16,351 $160350 OR BELOW 7 $46,600 $37,696 $37,895 - $290151 $29,150 - $17,491 $17,490 OR BELOW 8 $49,650 - $40,301 $40,300 - $31,001 $31,000 - $18,601 $18,600 OR BELOW • IN THESE TWO-PART LOAN CATEGORIES THEi PAYABLE I,OATt IS BASED ON A PERCENT OF THE TOTAL COST TO RECONSTRUCT (LESS RELOCATION AND DEMOLITION COSTS) WITH PAYMENTS AMORTIZED OVER 120 MONTHS (10 YEARS) AT A 3 PERCENT INTEREST RATE (APR). PE-URREO PAYMENT LOAN IS BASED ON A PERCENT OF THE TOTAL COST TO RECONSTRUCT (LESS RELOCATION AND DEMOLITION ® COSTS) AND CARRIES A 0 PERCENT INTEREST RATE. THE DEFERRED PAYMENT LOAN CONTINUES UNTIL THE APPLICANT SATISFIES • THE CONDITIONS LISTED IN THE PROMISSORY NOTE (EXECUTED PRIOR TO PROJECT START DATE). THERE ARE NO MONTHLY PAYMENTS. DEFERRED PAYMENT LOANS ARE SECURED BY A LIEN ON THE PROPERTY. THE LIEN IS FOR 120 MONTHS (10 YEARS). • o~ OPTIONAL RECONSTRUCTION PROGRAM l APPLICATION and TEMPORARY RELOCATION QUESTIONNAIRE Your participation In the Optional Reconstruction Program Is voluntary, Reconstruction funds are limited. Therefore, only limited temporary relocation assistance may be available to you. Maass complete the following questionnaire. This information will help our staff In determining If you will be eligible for the ) Optional Reconstructlon Program. 1. Do you own any other property within the City limits besides the property your home Is on? Yes No If yes, what L, the property address;- Could Ihls property be used to construct your replacement dwelling? Yes No 2. Are you currently paying a mortgage payment on your home? Yes No if yes what Is the payment amount? $ 3. If you need to be relocated for home reconstruction, do you have a family member or friend whom you could We with during the reconstruction period (about 3 • 4 months)? Yes No If no, what are your plans for relocaling during the reconsirucllon period? i 4. Are you, family members or friends able to move your household goods? j • J Yes No 5. 1 understand 160 as a result of reconstrurtlon, my appraised property value may Increase significantly from the amount at which it Is currently valued? ,_____Yes No • 8, I understand that an Increase In my property value may cause my property taxes to Increase by a slgnfffcant amount, I am financlally prepared to meet any Increase? Yes No • • j,. tq 1 ~ ~y( t r • } AWA# 11 Agt Whirs 7. 1 understand that I am obligated to carry homeowners insurance for th years) that the City of Denton will have on my property. Yes No t3, I understand that my homeowner insurance premium will most likely increase as a result of the reconstruct ion, I am aware that my Insurance policy must cover the after-reconstruction aPPraised vatue of my property. I am tinanclaliy prepared to meet thk Increase. Yes No 9. 1 understand net I must request that my Insurance company list the City of Denton as a "Ceddlcate Holder' on my policy? Yes No 10. 1 understand that The City of Denton Is limited In the amount of funds they can spend to reconstruct a property. I have been briefed on these limps and understand that my eligibility for the Optional Reconstructlon Program will be granted only N It Is determined that the total of all costs Involved to reconstruct my property will be at or below the allowable program Ilmk, Yes No This APPLICATION was completed by on By signing below, I am requesting that the City of Denton's Community Development Office accept this as my application to be considered for the Optional RecanstructIon Program. AppNcant's Signature DATE I• ~ F t r Ott t i /se¢Ja Y 7S~t.( ~TJ~S~r~~/r~~~ti ~e~iil'~~)~; ca 0 i 15 L/p *aVok k Moth Hens s i (rMp t I' CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM r OPTIONAL RECONSTRUCTION PROGRAM REHOUSING AGREEMENT FOR HOMEOWNERS 1 THIS AGREEMENT, made and entered into on FIELD(11), by and between the City of Denton, Texas, and FIELD(1) hereinafter referred to as Owners. This agreement covers the structure occupied at the following legal address; FIELD(4) WHEREAS, The Owner has heretofore requested and qualified for the Hom,owner Rehabilitation Program with assistance front the City In order to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant and HOME Program; and WHEREAS, the City has determined that rehabilitation of the Owner's residence is not a feasible alternative; and WHEREAS, the City has determined that it is appropriate under the community Development program to provide the Owner certain relocation payments and assistance necessary to accomplish the vole Lary relocation of the Owner from the substandard, unrchababie dwelling currently occupied Into an adequate, safe. and sanitary replacement dwelling. NOW, THEREFORE, the City and the Owner for and In consideration of the covenants and promises as hereinafter set forth, do agree as follows. I, The Owner agrees to vacate permanently the currently occupied substandard dwelling within 10 days notice by the City for the, need to vacate, The Owner agrees and hereby authorizes the demolition and removal of the • currently occupied dwelling and clearance by the City of the property. The owner further releases the City from any and all claims arising from this action. 3. The owner agrees to take possession and occupy the replacement dwelling when such dwelling Is completed and the City dete^nines it to be ready for occupancy, The Owner further agrees to sign any required Instruments to effect this iten't. r~ 4, The City agrees, subject to the provisions of thr, City's Optional Reconstruction Progratu Administrative Guidelines, to provide the Owner a Temporary Housing Payment. • O i. • AtfndR tw. ApaidR thRl ORtf 5. The maximum budget authority for the Optional Reconstruct on ogram s FIELD(6), which includes, but is not limited to, the cost to demolish the existing dilapidated structure, approved Temporary Relocation Payments and the cost to reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the original site (lot) of the dwelling vacated by the homeowner. 6. If required, the City agrees to pay a Temporary Housing Payment: Utility transfer or hook-up fees determined by the City as necessary; approved moving and related expenses necessary to effect the moving of the Owner's personal belongings from the original vacated dwelling into temporary housing and back Into replacement dwelling, and other expenses determined necessary by the City to complete the rehousing of the Owner, FIELD(12) DATE FIELD(13) DATE CITY OF DENTON: „ d BARBARA ROS5 COMMUNITY DEVELOPMENT ADMINISTRATOR • " NANCY BAKER, HOUSINO REHABILITATION SPECIALIST ~0 { a~ o. 5 i to .J ~ +t ~ ~ / t ~ ,kr~`~ d,~, i:.`;~ i~t~~~t ` 1 • 1 AWAb No. AW#dkItem MERGE FIELD DOCUMENT EXPLANATION; HELD 11 = DATE DOCUMENT WILL BE SIGNED FIELD I - NAME(S) OF HOMEOWNER SIGNING DOCUMENT FIELD 4 - LEGAL PROPERTY DESCRIPTION OF DWELLING TO BE RECONSTRUCTED FIELD 6 - MAXIMUM ALLOWABLE FUNDS FOR PROJECT; 1rE„ 1 BDRM - $41,054; 2 BDRM - $49,921; 3 BDRM - $64,561; AND 4 BDRM - $70,890. (THESE DOLLAR AMOUNTS ARE SET BY HUD FOR THE DENTON AREA AND WILL BE CHANGED TO REFLECT HUD'S RE- QUIREMENTS FOR DENTON AS DIRECTED,) F1E',D 12 - FIRST NAME OF HOMEOWNER FIELD 13 - SECOND NAME OF HOMEOWNER (IF APPLICABLE) !i 1 s • ~ ~ r 11 1 ~ti 111 !:1 4y~~ r t~+'l if4 rr~l. ' S • O • Agendii No Agenda Iltm 048 OPTIONAL RECONSTRUCTION PROGRAM TEMPORARY HOUSING ASSISTANCE SUBSIDY LIMIT POLICY The City of Denton Community Development Office sets this Temporary Housing Assistance Policy to assist clients who have applied for the Optional Reconstruction Prognun with temporary housing and relocation payments, The formula used to figure the maximum allowable rent subsidy payment Is: Maximum Allowable Rent Subsidy Lfmil (See table below) less 30 percent of applicant's Household Gross Monthly Income plus amount of applicant's monthly mortgage payment (if applicable) If the result of the above formula Is above the Maximum Allowable Rent Subsidy Limit, then the City will assist only up to the maximum allowable limit. If the actual temporary rent r,.;yments are below the allowable maximum limit, the City will reimburse the actual temporary rent payments. MAXIMUM ALLONVA LE SUBSIDY LVAIT SABLE Family Maximum Allowable Rent Subsid Lv imit 1 $ 640 ' 2 $ 731 3 $ 823 4 $ 914 5 $ 988 6 $1460 7 $1134 8 $1206 M PLFeI Family Size e 4 Max Limit - $ 914,00 1 Gross Mo. Hshld Income $1967 30% income • 590,00 Mo, Mortg. Payment 297 Mortg, PymL + 297,00 $ 621,00 The family in Example I can receive temporary rent assistance up to $621.00, EXAMPLE 2 • Family Size 2 Max Limit . $ 731.00 r Gross Mo. Hshld income - $1368 300 income -410,00 Mo, Mortg, Payment r $ 0 Motg nymt. + 0.00 $ 321,00 The family in Extunple 2 can receive temporary rent assistance up to $321,00. t, 0 Q i~ l f. i r li DENTON tV l oo~ooooa~~oo ~ , 0 0 ( ° o 000'' o N , ~ ~ ppa °~o~aaaooo°~ e CITY COUNCIL • ca • - a 67 if j 4 n•"g'' DATE: 10/17/95 CITY COUNCIL REPORT FORMAT TO: Denton Planning and Zoning Commission PROM: Lloyd V. Harrell, City Manager SUBJECT. Consider adoption of an ordinance approving a contract between the City of Denton and the Barworth Corporation; authorizing the Mayor and the City Manager to execute any and all documents necessary to consummate the purchase of real property In accordance with said contruct; uutltorizing the expenditure of funds and providing for an effective date. RECOMMENDATION; The Planning and Zoning Commission recommended approval on August R, 1995. The Community Development staff also recommends approval ' SUMMARY. The property located at 2533 and 2515 Charlotte Street Is owned by the Barworth C-Toration, 1204 W. University Drive, Denton. According to Denton County Deed Records, Lots 1 and 2, Block 9 of the Owsley Park Addition have been owned by the Barworth Corporation (Raynor family Interests) for the past three years. Lot one (1) is 6,215 SF Lot two (2) is 7,750 SA, The current zoning Is Oftlee. There are to improvements to the property. The appraisal conducted by Sargent Appraisal Company indicated that the highest and best use would include a zoning change to MF-I, speculative holding for resale or future multi-family construcWm, 'T'he intended use of the property Is as a neighborhood community center, The center will be managed Initially by the Denton Police Department. Neighborhood activities and social services will be provided at the center. The facility may also house a police office, • BACKOROUND~; In June 1994, city council approved a Combined Final Statement of Community Development Objectives and Projected Use of Funds and Home Program Description. The Final Statement included expenditure of $26,000 for acquisition of property In the Owsley Park Addition, • Police Department offlclals contacted representatives Corporation of the Barworth r • • regarding the lots on Charlotte Strew. Representatives indicated support for the City's proposal. An appraisal was conducted by Sargent Appraisal Company, That appraisal estimated the market value of the lots at $22,000. This amount was Initially offered to the Barworth Corporatlon, r ~Et. w AW4# No. Apmda nem 011 Corporation representatives stated that the Denton Central Appraisal Di property at $23,948. They also stated that the Board of Directors for the Barworth Corporation would not accept less than the DCAD's appraised value, Staff prepared a contract for purchase based on the tax appraisal amount of $23,948. PROGRAMS DEPARTMENTS OR GROUPS AEUCTPD: The completion of the project will provide Owsley residents with a neighborhood center where they can access police and social services, It will provide the neighbors with a facility to hold neighborhood meetings and celebrations. The Police Department will manage and maintain the facility, FISCAL IMPAAC[: The property will be purchased with Community Development Block Grant funds, Funds for maintenance of the property will be provided by the Police Department. Respect Ily submilledt Lloy V. Harrell City Manager Prepared by: Barbara Ross Community Development A.Iministrator Approved: rank Robbins, AICP Director for Planning and Development AIIACHMENTSt 11 Copy of ordinance and contract r 2. Location map 3. Pages I and 2 from the property appraisal 4. Page I of the 1994 Combined Statement 5. Excerpts from the August 8, 1995, Planning and Zoning Commission Minutes it I ll I .l • i 1 • A' (7cn4. t~0 ; A~Dnlz item r G Da;L t s ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND BARWORTH CORPORATIONi AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO C014SUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WTTH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton, Texas, hereby approves the contract between the City of Denton and Barwor.th Corporation, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTIO,V II, That the City Council hereby authorizes the Mayor and City Manager to execute any and all documents necessary to consummate the purchase of real property in accordance with said Contract. SECTION ITI,_ That the City Council hereby authorizes the expenditure of funds as provided in the Contract, SECTION IV, That this ordinance shall becos,e effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995. • LLOYD V.HARRELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: • ; O " 4•, K r ,.I. ~ t : t 7t+ tj y 1 1 i Agenda Me. Agenda item oate APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY • I 1 c r_a 1 V I + c . w ' lr is 4A ti+~gry~~S 4 • ca • 4' ~r AD"di W y Agin do him EXHIBIT "A" Dail !t ~tv REAL ESTATE CONTRACT STATE OF TEXAS E COUNTY OF DENTON THIS CONTRACT OF SALE is made by and betwean BARWORTH CORPORATION (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County,'. Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCRASE AND SALE is Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for land situated in Denton County, Texas, known as LOT 1 AND 2 OF BLOCK 90 OWSLEY PARK ADDITION TO THE CITY OF DENTON, being more particularly described in Survey Plat identified as Exhibit "A" attached hereto and incorporated herein 1 by reference for all purposes together with all. and singular the rights and appurtenances pertaining to the property, including any r right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and t. upon and subject to the terms, provisions, and conditions herein- after set forth, PURCHASE PRICE 1. mo of Purchase Prige. The purchase price for the Property shall be the sum of Twenty-three Thousand Nine Hundred and Forty-eight Dollars and no/100 ($23,948.00). 2. Payment of purchase Price. The full amount of the purchase price shall be payable in cash at the closing. • PURCRAONV O 0BLIGATIONB The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions, any of which may be waived in whole or in part by Purchaser at or prior to the closing, 1. Preliminary Title Report. Within twenty (20) days after • • the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a preliminary title report (the "Title Report") accompanied by. f 4 • _ G) • AysrtAa M0. x;e Artrn9p pr~n ;e f. copies of all recorded documents relating to easements, rights-of- way, etc., affecting the Property. Purchaser shall give seller written notice on or before the expiration of ten (10) days after 'R' Purchaser receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory, and in the event Purchaser states the condition is not satisfactory, Seller may, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall there- upon be null and void for all purposes and the Escrow Deposit, if any, shall be. forthwith returned by the Title Company to Purchaser (as Purchaser's sole and exclusive remedy) and neither party shall' have any further rights or obligations hereunder; otherwise, this condition shall be deemed to be acceptable and any objection there- to shall be deemed to have been waived for all purposes, 2. SuryeY. A survey has been provided Purchaser dated July 71, 1989 that appears to be prepared by a duly licensed Texas land surveyor. The Purchaser may request from Seller., at Purchaser's expense, an additional survey staked on the ground that shows the S location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water ;ourses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and contain a surveyor's certification that there are no encroachments on the Property. f Purchaser will have ten (10) days after receipt of the additional survey, if one is requested, to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller may, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is un- able to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement as Purchaser's sole and ex- clusive remedy, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit, if any, shall be returned • by the Title company to Purchaser and neither party shall have any further rights or obligations hereunder, Purchaser's failure to give seller this written notice shall be deemed to be Purchaser's acceptance of the survey, 3. Seller's compliance. Seller shall have performed, obser- ved, and complied with all of the covenants, agreements, and con- ditions required by this Agreement to be performed, observed, and a • 0 complied with by seller prior to or as of the closing. REPRIS MATIONS AND WARRAXTIES OF HILLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dater PAGE 2 0 e cy Q AplndJ No. ' 1 AwnN IRM - i 1, There are no parties in possession of any portion of the 5 Property as lessees, tenants at sufferance, or trespassers; 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; 3. To the actual knowledge of Seller, Seller has complied with all applicable laws, ordinance, regulations, statues, rules and restrictions relating to the Property, or any part thereof. 4, To the actual knowledge of Seller, there are no toxic or hazardous wastes or materials on or within the Property. Such A, toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the E Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCL,A), as amended. In the event any such toxic or hazardous wastes or materials are found upon the Property which Seller had " actual knowledge of, ~3eller shall be responsible for the expense of removal of these wastes or materials upon receipt of written notice of the presence of these wastes or materials. 5. To the actual knowledge of Seller, this property is not subject to any restriction that would limit the use of this prop- erty to residential purposes only, and the Seller is not aware of any restriction (other than zoning ordinances) that would prohibit this property from being used for a community police office and {Ai neighborhood center. z I AS-IS BALE $ Except as expressly stated above in R resep_tat ons and C 1 ~7arrar~tfes of Seller, Purchaser expressly acknowledges that the Property is being sold and accepted AB-IS, WHERE IS, and Seller makes no representations or warranties with respect to the physical , • condition or any other aspect of the Property (collectively, the "Property Conditions"), and PURCHASER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS PURCHASER NIGHT HAVE REGARDING ANY FORM OR WARRANTY, EIPRr98S OR IMPLIED OR ARISING BY OPERATION Or LAW, INCLUDING BUT IN NO WAY LIMITED TO ANY WARRANTY CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE relating to the Property, its improvements or ' A the Property Conditions, e O CLOSING The closing shall be held at the office of Dentex Title Company on or before outober 31, 1995, or at such time, date, and place as r Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date14). PAGE 3 i1 AQEnd1 NO. hi Apanda Item it Gala _ ' c ` , CLOSING REQUIREKENT6 i 1. per's RegU gmenta. At the closing seller shall. A. Deliver to Purchaser a duly executed and acknowledged r Special Warranty Deed conveying good and indefeasible title f ' in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assess- ments, and restrictions, except for the following ("Permit- ted Exceptions")-, 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved or waived by Purchaser pursuant to Purchaser's Obliga- tions hereof; and t 3. Any other exceptions approved by Pur- chaser in writing. B. Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Dentex Title, 417 S. Locust Street, Denton, Texas 76201 (the "Title Company") in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to the Permitted Exceptions, such other excep- tions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of e j Texas Owner's Title Policy, provided, however: F 1. The boundary and survey exceptions shall be deleted If required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser, unless such costs exceed Two Thousand Dol- lars ($2,000.00), in which case, at Pur- chaser's option this contract may be terminated) 2. The exception as to restrictive cove- nants shall be deleted, unless there are restrictive covenants which are Permitted Exceptions; 3. The exception as to the lien for taxes w shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be deleted. PAGE 4 r Agenda No, Agenda Item `k Date C, Deliver to Purchaser possession of the Property. 4 2. Purchaserfs Eeauireme t}-ss. Purchaser shall pay the full cash purchase price to Seller at closing in immediately available funds. M1f '4 I 3. Closing Costs. Through the date of Closing, Purchaser shall only be responsible for the payment of taxes assessed by the City of Denton and, Seller shall pay all other taxes assessed by any other tax jurisdiction through the date of Closing. Each party shall pay its own attorneys' fees. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser. REAL ESTATE COMXISSIOM All real estate commissions occasioned by the consummation of this Agreement and incurred by, through or under Seller shall be the sole responsibility of. Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions, Purchaser represents and warrants that it has not engaged the services of any agent, broker or similar party in connection with this transaction and agrees to indemnify and hold harmless Seller from the claims of any agent, broker or other similar party claiming by, through or under Purchaser. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except for Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. BREACH BY PORCRASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PtMCHASERIS OBLIGATIONS having been satisfied and Pur- chaser being in default Seller may either enforce specific perfor- mance of this Agreement, or terminate this Agreement, MTSCELLANNOID0 ® 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. PAGE 5 • 0 Ca 0 W , A" No. ii Agenda Him _ Date i 2. S v~ya~ of Covenants, Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 7. Not. Any notice required or permitted to be delivered hereunder shall. be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party, 4, Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas, 5, Parties So This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction, in case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalid- ity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7, ftlor Agreements Supersede. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parti.:a respecting the within subject matter. S. 'iJ _e of Essence. Time is of the essence in this Agreement. 9. Ge er. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable 'or filing of record. o o s 11, CQ=_ijAnrg. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection, PAGE 6 0 0 • c> • Agenda No. Agenda Item t Dale } 12. Time L'innit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement z. , upon written notice to Seller. DATED this 14th day of August , 19 95 _ SELLER: BARWORTH CORPORATION 12 04 W. Un versity Dr., ftlb 400 ? Denton, Texas 76201-1794 PURCHASER: THE CITY OF DENTON, TEXAS i' By 215 E. McKinney Street I' Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON a' This instrument was acknowledged before me on Au ust 14 1995 by -L Newton Ra zor 01(iEW00, 1(15 6 roa ent for Barworth Corporation, a Texas corporation, on behalf of said carpare#C.......ti....~ H A;: IjUDYS S. LEATHERWOOD " COMWSSION EXPIRES CG ers~ o`' *~rj JANUARY 18, 1997 NOTAR PUBLIC IN AND FOR TEXAS ;r STATE OP TEXA1 COUNTY OF DENTON • This instrument was acknowledged before me on by , of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of d the City Council of the City of Denton and that he executed the 4 same as the act of the Said City for purpose and consideration • therein expressed, and in the capacity therein stated. NOTARY PUDLIC IN AND FOR TEXAS 1:\wNocs\kNwestpot1.k r.. PAGE 7 • • 6, OWSLEY COMMUNITY CENTER PROJEC SE Corner of Bounle Brae and Charlotte St. AvAdi No. Agenda Hem - Affected Area CA(SC(Nr . Y Sr CANtrO N lIMO(M G % 04 LINDEN C w a BROADWAY « Q h r p /AN"!ANOt L1 'xt Sr M s CROW (GAN I I~cri~nnR t coma"I.a CONC /M SCxtrrvx( fT 4 A HOUSTON It M W S 1 g Sr cat( w V? O W co 0" CAR ~ O at w "K N►cAI 4N r Sr 1,U 11 RRY ,Tsr(LLA = tfA orr( w = St IOWA m l}T C+"Sr"uI sr » I4AIRt( 4 PRAIRli 3 • Nttritl Texas u MPG NO ° State UM?VW%Oty It AUK" a s Sir . AAIYt ~ ~ Q O,~ EAGI W a JSE w • I SNtR /AMMIN 1 ST • 'e11 AR cot INs T MeetR r.... tJNOUt10U S z • SIa1R l}n.wr~fy 2 w NIjE C kx Gam Cowes rA~a y Q • 0 Cr 3 mA 4Ml 2 " MNtIMRWeII Q r O 0 s 't r it 1 n ii t Y Apptnd* Item Oa'c t SUMMAFIY of IMPORTANT FAQTS AND QQNCLU81ONS 1 Property Location: 2533 and 2535 Charlotte Street, Denton, Texas Property Type: Vacant lots Owner Barworth Corporation I} Denton, Texas Land Size: Loti 8,215 SF or 189 acre Lot 2 7.750 SF or .176 acre Total 15,965 $F or ,367 acre Zoning: Office Improvements: None Highest and Best Use: Zoning change to MF'-1; sppeculative holding for resale or future multl•famlfy construction Property Taxes: Lot 1 = $293.11 Lot 2 = 276.61 Total $569.62 Market Value Estlmate: Lot 1 = $11,255 Lot 2 = 10.618 Total $21,873 i y Rounded $22,000 • Valuation Date: April 14, 1995 Report Date: June 19,1995 a 1 • _ • v 41 ILI 0 t~ 0 .l 1 Agenda No. Agenda item ~q Date ` fDENTIF-19-A O 91SA IECT PROPERTY Legall7escr~iiior~ Lots 1 and 2, Bloch 9, Owsley Park Prone Ownership Barworth Corporation 1204 W. University Drive Denton, Taxes 76201 t, Three Ya4!LE_'rouerty~ls_~arJf i A brief history of the subject property follows covering ownership changes within the past i three year period. This Is not an opinion of title and a professional t t1e search has not been pfovldad. The purpose of Including a three year property history Is to demonstrate whether or not transactions involving the subject were made as arms length transactions and what effect these changes in ownership have had on property value, if any, According to Denton County Deed Pei ords, the property has been owned by the Berworth Corporation (Ra zor family interests) our'.ng the past three year period, No effort Is being made on behalf of the owner to sell the property, However, the City of Denton has approached the owners about the possible sale of the property for a neighborhood police - recreation center, No price has been negotiated, $COP~ o_[.th~.APPRl~lSAt, Intended Use end Purpose of Apprslsaf The Intended use of this appraisal is for negotiations between the City of Denton and the Barworth Corporation about the possible purchase of the property. • The purpose of the appraisal Is to estimate the market value of the vacant lots at 2633 and 2535 Charlotte Street, Denton, Texas. 2 E S • • • ;r< a COMBINED FINAL STATEMENT OF COMMUNITY DEVELOPMENT 1A OBJECTIVES AND PROJRCTF,D USE; OF FUNDS AND HOME. PROGRAM DF,SCRIPTION ' 1994-95 PROJECT NAME HOMEBUYER ASSISTANCE OWSI EY COMMUNITY CENTER CHAMBERS STREET DRAINAGE PROGRAM { ACTIVITY Acquisition Publie Facilities and Improvements public Facilities and Improvements 1114PLEMENTING City of Denton, Community City of Denton City of enton AGENCY Development Office ii CDOG REC.. CITES 201 (a) 1208 (a) (3) 201 (c) / 208 (a) (1) 201 (c) / 208 (a) (1) (i) E;LIG-MATT OW f24 CFR 5701 _ 2 FUNDING SOURCE/ CDBG $105,702 CDBC $26,000 CDBO $140,000 AMOON'I HOME, $ 44,298 PROJECT Continuation of a city-wide. Homebuyer Acquisition of property for construction Install Inlets and undergrormd storm DESCRIPTION Assistance Program to provide of the Owsley Addition Community sewer on Chambers and Hill streets. assistance to first-time homebuyers. Office and Community Center. Center Install concrete rip rap and regrade Assistance can Include payment of will house vadoas social service existing drainage south of Smith street. closing costs and 1/2 of the minimum providers working for the neighborhood. The Engineering and Transportation down payment. A maximum of Current services requiring additional Department will design the drainage j $15,0W can be provided to very low space such as GED prep classes, ESL, system and the contraction project will Income households to buy down the computer and children's after school be bid out through the City, interest rate or reduce the cost of the programs will be housed at the Center, unit. Owners will always pay at least '/a The Police Department will maintain the • of the minimurn down payment. Hornes center. 4 nursi be within the city limits of Denton and costs no more than $62,500, OBJE;CI'IVE, TO provide affordable housing for low Improvement of public service provision To upgrade infrastructure., stabilize and and truxlerale income households, for low and moderate income improve uoighbonc~wds in the tang le households. Also, upgrade and stabilize area. the ueighborhooxi. :i LOCATION City of Denton, all census (tact" SIF Corner of Bonnie Brae and Area around Intersection of Chan a Charlotte Street. Cl' 209, 130 1, and Hill Streets. CT 212. BENEFIT Program provides IWryo benefit to low Area is 93.3% low/moderate income. 40 households: will benefit. Area is ; t and very low income families. 75% low/moderate income. age of 10 E Apalea tN, ,gene, mm urte_~ P&Z Minutes August 9, 1995 Page 17 percent occupancy on the total project. We are rutting in the landscaping this week. Ms. Russell: Any other questions of Mr. Bell? Any other comments? Mr. Moreno: i move that the request be approved. Mr. Jones: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (4.0) VRL Consider the proposed acquisition of Lots t and 2 of Block 9, Owsley Park Addition, Mr. Robbins: Before the city can make an acquisition of any property, by charter the Planning aW Zoning Commission must make a recommendation to the City Council about that. In this case this is the acquisition of property on Charlotte Street that would ultimately be used as a community center. This is part of a neighborhood program with our COPS organization, community oriented policing, in which one of the problems in this part of town is that there is a lack of places to meet. This is not intended to be a place where only the police can stage, but would be used as a traditional neighborhood community center, This is just the approval of the acquisition of the land. Funds have been allocated for that through community block grant funds. What has to be paid Is an appraised value based on HUD's rules, We can't discuss what we are really going to Y g 8 PSY i for it. Those kinds of discussions can be done during closed meetings. We do believe that we have the money available for whatever that cost is going to be, on the order of twenty- six thousand dollars or less. Staff recommends that the Commission recommend to the Cou»cil that we acquire this property. Mr. Moreno: I move that we approve staffs request. ♦ Mr. Powell: I'll second. Ms. Russell: Any discussion? All In favor please raise your right hand. Opposed same sign. Approved. (4-0) IX, Director's Report, • Mr. Robbins; In the backup is a list of cases and approximately when they will come • before you. In addition to what is listed there may be two or three large lot subdivision plats. There are at least a dozen of those kinds of plats that will be coming through as a result of the enforcement that the county has started as of May, Probably this fall we will • ea w r r DENTIN oo0a 00 00F OOO 4p OO~ti ''o OD o ~ vUGo`~ ~ 00 'r OOO~ro pp~ 00 "oo I aQOOao ~ oao°° CITY COUNCIL NCIL t • r rA • October 17, 1995 DENTON CITY COUNCIL AGENDI, ITEM TOr MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: R.E. Nelsen, Executive Director of Utilities SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAROLD C. COE FOR THE PURCHASE OF 29.612 ACRES. RECOMMENDATIONi The Planning and Zoning commission recommends approval. SUMMARY: The City is interested in purchasing Harold Coe's property in relation to the development of the landfill, expansion. This property is adjacent to both the landfill and the wastewater treatment plant properties (See Exhibit 1). This property will provide multiple benefits to both Utility operations. PROGRAM/DEPARTMENT OR GROUPS AFFECTED: City of Denton Solid Waste Customers, Solid Waste Department, Harold C. Coe FISCAL IMPACT: The purchase price identified in the attached contract (Exhibit 11) is $265,000. Respec ully subm ted, oyd , Harrell • City Manager Prepared by, "rVVV'W Howard Martin, D rector • of Environmental Operations • a Exhibit It Ordinance and Property Contract Exhibit lit Property Location Cl\WP51\CCA0ZNDA\C0E395 • r e:\Vn0CS\0A0\e0E.0 Apgdr No. Agoft Maa...._ OMI ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAROLD C. COE FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE' DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the attached agreement between the City of Denton and Harold C. Coe and authorizes the City Manager to execute the agreement on behalf of the City. SECTION II. That it authorizes the expenditure of funds in ac- cordance with the terms of the agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1995. i I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ • I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BYI r EXHIBIT I • a0enda Na, AOenda Item k Oats t: REAL. ESTATE CONTRACT STATE OF TEXAS COUNTY OF: DENTON THIS CONTRACT OF SALE is made by and between Haroid C. Coe (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser") , upon the terms and conditions set forth herein. PURCHASE AND SALE filer hereby sells and agrees to convey, and Purchaser hereby purchases and agrees io pay for, the tract of land containing approximately 29,612 acres of land situated in )enton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth, PURCHASE PRICE I, Amount of l-.irchase Prige. The purchase price for the Property shall be the sum of Two hundred two hundred, sixty five thousand dollars and no cents ($265,000.00). 2. fur en of urghase Price, The full amount of the Purchase Price shall be payable in cash at the closing, Closing will be on or before November 15,1995, PURCHASER' S OBLIGATIONS • The obligations of Purchaser hereunder to consummate the transactions contemplated hereby ate subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. • 1. I'relir~rar~,_Title__RepQrt.. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company • • (hereinafter defined) to issue a preliminary title report (the "Title Report") accompanied by copies of all recorded documents relating to easements, rights-of- way, etc„ affecting the Property. Purchaser shall give Seller written notice on or OIL ~2 • ~i • ApMda No. k Agenda Item Daft r before the expiration W ten (10) days after Purchaser receives the Dille Repor( that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes, 2. Surv_ey_. Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey, In the evens the survey is unacceptable, (hen Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes, and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. however in any event that the sale is not completed, the cost of a survey will be borne by the Purchaser, • 3. Seller's Coat iar~e. Seller shall have performed, observed, and complied with ail of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER • • Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the cloAng date: O e;> AtiendaItem . - - .W~. Dale I, There are no parties In possession of any portion of the Property as lessees, tenants at sulferance, o. trespassers f 2 . Except for the prior actions of Purchaser, there is no pending or threatened condemnation, litigation, or similar proceeding or assessment affecting the Property, or any part thereof, not to the best knowledge and belief of Seller is any such proceeding or assessment by any governmental authority. Except for the pending property lax actions presently pending in District court, Denton County.' 3 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4 (a) Seller represents that there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA) , as amended, and the 1 Comprehensive Environmental Response Compensation and Liability Act WERCLA), as amended If a certification inspection is necessary, Purchaser will bear that expense. (b) TO THE EXTENT ALLOWED BY LAW, THE CITY OF DENTON ASSUMES THE RISK OF AND AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS, AND TO DEFEND SELLER AGAINST AND FROM ALL CLAIMS, COSTS, LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEY'S FEES), OR DEMANDS OF WHATSOEVER NATURE OR SOURCE FOR ANY DEFECTS OR ENVIRONMENTAL PROBLEMS, LATENT OR OBVIOUS, DISCOVERED OR UNDISCOVERED, IN THE REAL AND CHATTEL PROPERTY TO BE CONVEYED HEREUNDER, CAUSING PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER (INCLUDING WITHOUT LIMITATION EMPLOYEES, AGENTS OR CONTRACTORS OF THE CITY OF DENTON, SELLER OR ANY THIRD PARTY), OR CAUSING PROPERTY DAMAGE OR DESTRUCTION OF WHATSOEVER NATURE OR CONTAMINATION TO THE ENVIRONMENT (INCLUDING WITHOUT LIMITATION PROPERTY OF O THE CITY OF DENTON OR SELLER, OR PROPERTY IN ITS OR THEIR CARE, CUSTODY, OR CONTROL, AND THIRD PARTY PROPERTY), ARISING OUT OF ACTS, OMISSIONS OR EVENTS OCCURRING AFIER CLOSING j (c) SELLER ASSUMES THE RISK OF AND AGREES TO INDEMNIFY AND HOLD THE CITY OF DENTON HARMLESS, AND TO DEFEND THE CITY OF • DENTON AGAINSTAND FROM ALL CLAIMS, COSTS, LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEY FEES), • 0 OR DEMANDS OF WHATSOEVER NATURE OR SOURCE FOR ANY DEFECTS OR ENVIRONMENTAL PROBLEMS, LATENT OR OBVIOUS, DISCOVERED OR UNDISCOVERED, IN THE REAL AND CHATTEL PROPERTY TO BE CONVEYED 0 0 Agenda No. - Agenda liem ogle HEREUNDER, CAUSING PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER (INCLUDING WITHOUT LIMITATION EMPLOYEES, AGENTS OR CONTRACTORS OF SELLER, THE CITY OF DENTON OR ANY THIRD PARTY) , OR CAUSING PROPERTY DAMAGE OR DESTRUCTION OF ' WHATSOEVER NATURE OR CONTAMINATION TO THE ENVIRONMENT (INCLUDING WITHOUT LIMITATION PROPERTY OF SELLER OR THE CITY OF DENTON, OR PROPERTY IN ITS OR THEIR CARE, CUSTODY, OR CONTROL, AND THIRD PARTY PROPERTY) , ARISING OUT OF ACTS, OMISSIONS OR EVENTS OCCURRING BEFORE CLOSING IN THE EVENT THAT A CLAIM ARISES WHICH IS COVERED BY THIS PROVISION, SELLER MAY AT HIS ELECTION AVOID THE SALE, "Environmental Problems" means any cause or action under the federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (as amended) and any cause or action arising from similar federal, state or local legislation or other rules of ]acv, and private causes of action of whatever nature which arise from environmental damage, toxic wastes or other similar causes CLOSING The closing shall be held at the office of Dentex Title Company, Denton, Texas, on or before November 15, 1995, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS 1. Seller's ft uire. menu. At the dosing Seller shall A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's r 9~ili~ati n hereof; and 3. Any exceptions approved by Purchaser in writing ' • 4. Underground storage lease of Lone Star Gas and oil, gas anti minerals leases of record. W Oct--12--95 05:50P P.03 Agenda No. Agenda Item Oats - 13. Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "'Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purch- aser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed In losin Requirementa hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however. 1. The boundary and survey exceptions shall be deleted if required by Purchaser and If so required, the costs associated with same shall be borne by Seller; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3. The exception as to the lien for taxes shall be limited to the year of closing, and shall be endorsed "Not Yet Due and Payable"; and C The exception as to liens encumbering the Property shall be endorsed "None of Record". C, Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's ReQWrements, Purchaser shall pay the full cash Purchase price to Seller at Closing in immediately available funds. 3. Closing Costs. Through the date of Closing, Purchaser shall only be responsible for the payment of taxes assessed by the City of Denton and, Seller shall pay all other taxes assessed by any other tax jurisdiction through the date of Closing. Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seller, save and except taxes so Imposed by the City of Denton, which taxes shall be paid by Purchaser. • All other costs and expenses of closing In consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller, BREACH BY SELLER • In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's • • default, Purchaser mry either enforce specific performance of this Agreement or terminate this Agreement, • Gd O Agenda No. Apenda Item F ".a Oele BREACH BY PURCHASER E In the event purchaser should fail to consummate the purchase of the 4 Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement A41SCELLAN SOUS , I Assignment of Agreement. This Agreement may not be assigned by purchaser without the express written consent of Seller. 2 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a Period of time following the closing of the transactions t contemplated hereby shall survive the closing and shall not be merged therein, 3. Notice, Any notice required or permitted to be delivared hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas, and any litigation hereunder shall be brought in the Court of competent jurisdiction exercising jurisdiction over Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. L._q&a Con uctivn. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7 Prior Agreement Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written • or oral agreements between the parties respecting the within subject matter. . 0 8. Time of Ess nce, "rime is of thr, essence in this Agreement. 0 f 1 , ~ Y,! 1 1 1 y. Agenda No. Agenda Ilem Dale 9. Gen . Words of any gender used in this Agreement sha a and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requirca otherwise, 10. Memoran um ,f Contract Upon reclaest of either party, bo'h parties shall promptly execute a memorandum of this Agreement suitable for filing of record, H. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Prnperty examined by an attorney of Purchaser's own seleclion, 12. Time Limit; In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller, DATED this day of 1995. SELLER Harold C. Coe S.S.k PURCHASER THE CITY OF DENTON, TEXAS By-._ _ LLOYD V. HARRELL, City Manager 215 E. McKinney Street Denton, Texas 76201 s A 1. 1rr t i • • Agenda No. Agenda 110M r EXHIBIT "A 13FWG all that certain lot, tract or parcel of land situated in the GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330 in the City and County of Denton, Texas, being all that certain (called) 29.6159 acre tract of land described in Deed of Trust from A. Ben Pinnell, Junior, Trustee, to First State Bank of Denton, recorded In VOLUME. 1902, PAGE. 307, Real Property Records of Denton County, Texas; and being more particularly described as follows BEGINNING at a nail and shiner found for corner in the West line of said survey f ; and in Mayhill Road, a public roadway, and in the south line of Treatment Plant Road, a public Roadway having a Rlg6of•Way of 50.0 feet, said point being the northwest corner of said 29.6159 acre Pinnell Tract; t d THFNCF South 889 49" Fast, pass al 34.57 feet a fence corner for east line of said i Mayhii) Road, continuing a total distance with said south line of said Treatment Plant Road along or near a fence line, 1108.41 feet to an iron rod found for corner, said point being the northeast corner of said Pinnell Tract; THENCE South 000 03' 19" East, 706,16 feet with a fence line to an Iron rod found Jr,,' corner; THENCE South 01' 53' 43" East, pass at 1020.90 feet an iron rod found for corner line of Fosters Road, a public roadway, a total distance of 1050,01 feet to a point for corner in said road and in a Corporate City limit line for the City of Denton; THENCE North 88° 02' 02' West, 482,76 feel with sail Fosters Road and with said City limit line to a point for corner; THENCE North 021 14' 14" East, pass at 27.01 feet an iron rod found for said north line of said Fosters Road, a total distance of 625.40 feet to a fence corner for corner; THENCE North 87° 46' 10" West, 77.08 feet with a fence to a fence corner for corner: is THENCE North 02° 53' 33" East, 421.ri7 feel with a fence corner to a fence corner for corner; it THENCE North 87° 49' 23" West. pass at 629.81 feet, a i~nce corner post for east line of said Mayhill Road, a total distance of 663.11 feet to a point for corner In paid Mayhill Road and in said West line of said survey; • THENCE North 02° 42' 50" Fast, 701.23 feet with said west line of said survey and • • with said Mayhill Road to the PLACE OF BEGINNING AND CONTAINING 29.612 acres of land, more or less. ' - 0 s~ 0 Aganda No. Agenda Item Oalo STATE OF TEXAS _ . COUNTY OF This instrument was acknowledged before me on by NOTARY P KIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the by LLOYD V. HARRELL, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by a-propriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. VOTARY PUBLIC IN AND FOR TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: AERBLRT T.., i'iz9tri`l>CITY A;TORtiEY r 0 v'_ • 1 11. 0 . 1 • ab b Agenda'I'm a a r~ O oue - d° O b p ` aa b lpU bap b a CITY OF DENTON P73 0, {3a b b ~p~p v d n °p TREATMENT PLANT ROAD 0 b 0 Q ° b Q Coe Tract t 29.612 Acres 08 R ~ b OpeA ° a oa44 ° CITY 0 DENTON ~ Q fl` 0 6 J gait a t' a FOSTER ROAD try I~ ° ~5? bl,7 p ~ B ° EXISTING E QUIRE TS LANDFILL 111 = 5001 ° ° I] ° ° d EXHIBIT II la~12~95 11 . 1 • s. _ as AWda No. Oi e' ~l ~f I . r4 J % Ws* ft" I Cky [arm I I ~ so* in sm 000 1000 0 2000 4000 SUBJECT LOCATION MAP TwU' 0 a r fi`a k, DENTON k ,vNo~oflaooo ppp0 o D ~ ~ ono 00~~ ~ ~OO c~ 0 cz] ( o 0 o ~ o°d oD0 eN OI~~II r ~ N ti pd0 °°aoaaooo CITY COUNCIL 0 • Appal NO. Ag"N" i CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell i+ SUBJECT: Educational and Certification Incentive Pay for Sworn ja police Officers Holding a Master's Degree or a Master Peace Officer Certification from TCLEOSE iX RECOMMENDATION: That the City of Denton provide sworn police, officers holding a Master's Degree or a Master Peace Officer Certification with educational and certification incentive pay in the amount of. One-Hundred-Eighty Dollars ($180.00) per month. SUMIMARY: On September 1, 1993, the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) created the the Master Peace Officer Certification as the highest level of Y certification. Eligibility for this certification is based on a combination of years of experience and education or training. ; BACKGROUND: On April i., 1989, the City of. Denton authorized certification and incentive pay to sworn police officers in the following amounts: Thirty Dollars ($30,00) per month to those officers having completed thirty (30) hours of college, Sixty i Dollars ($60.00) per month to those officers holding an Intermediate Certification from TCLEOSE or an Associate's Degree; f and One-Hundred-Twenty-Dollars ($120.00) per month to those officers holding an Advanced Certification from TCLEOSE or a Bachelor's Degree. i The educational and certification pay is designed to encourage employees to pursue advanced training and education. This, in turn, contributes to a more well-rounded and capable Police Department, The creation of the Master Peace Officer Certification provides another level of recoanit-.i.on for the experience, education, and training of sworn Police Department personnel that: should be compensated as are the Intermediate and Advanced Certifications. Further, since the current incentives acknowledge • formal education as well. as Stat° certifications, a Master's Degree should be included as well. PROGRAMIS, DEPARTMENTS OR GROUPS A ffECTED: All sworn officers of the Police Department will be affected as they become eligible and k receive their Master. Peace Officer Certification or pursue and receive a Master's Degree, rISCAL IMPACT: Since officers eligible for the proposed incentive pay are already receiving incentive pay in the amount of $120,00 per month, the actual increase for this incentive equals $60,00 pi•r ' month for each eligible officer. The Department estimates that twenty-five (25) officers will be eligible for t:hia incentive in 1 r AWdI No. AWdl R/m P@p the next fiscal year. Therefore, calculating the month for 25 officers, the total cost for this in for Fiscal Year 1996 is $16,000. The monies for this expenditure are included in the FY 95-96 budget. 4 RESPEC FULLY SUBMITTED: d 7a44 Lf y v City Manager Prepared by: J nis. ` It Cefpta.in Approved by: 4il!el/ Jze ief of J qq~ 10 ,1 r r ' J:\F,PDOCS\RF. S\POLINCRN.RES Attends No. Agende Ram Date _ , _ _ . . ORDINANCE NO. AN ORDINANCE AUTHORIZING CERTIFICATION AND EDUCATIONAL PAY FOR SWORN OFFICERS OF THE POLICE DEPARTMENT WHO HOLD A MASTER PEACE OFFICER CERTIFICATION FROM THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION (TCLEOSE) OR A MASTER'S DEGREE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Section 143.04: of the Texas Local Government Coc:: authorizes a municipality to pay certification and educational incentive pay which is in an amount and is payable under conditions set by ordinance; and WHEREAS, the City of Denton currently authorizes certification and incentive pay to sworn police officers in the following amounts: Thirty Dollars ($30,00) per month to those officers having completed thirty (30) hours of college; Sixty Dollars ($60.00) per month to those officers holding an Intermediate ; Certification from TCLEOSE or an Associate's Degree; and One- Hundred Twenty Dollars ($3.20,00) per month to those officers holding an Advanced Certification from TCLEOSE or a Bachelor's Degree; and WHEREAS, the City Manager a,.d Police Chief having recommended that sworn officers of the Police Department who hold a Master Certification from TCLEOSE or a Master's Degree receive incentive pay in the amount of one Hundred Eighty Dollars ($180.00) per month; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: + SECTION I. That sworn officers of the Police Department holding a Master Peace Officer Certification from TCLEOSE or a Master's Degree receive incentive pay in the amount of one Hundred Eighty Dollars ($180.00) per month. t g5_QTItLN II. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995, BOB CASTLEBERRY, MAYOR r r , is i i is i A** No. AOends hem oole_ ATTEST; JENNIFER WALTERS, CITY SECRETARY BYj APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 9Y, rl PAGE 2 • •S, ip ~h t~. j P ,i of °~i~, rr 1+n~M11 one ere lie i t , (~j. fl N• 1995 SEP 29 All !1+ 31 • • • c> 0 ty(1 t ' ,DENTON O ~ooapa~~aooQQQ D 4, ooo~~ ~ oo 0 00~o T ~ N e ~~o ~ i p~po oDON CIl"Y CO UNCIL 4~ c> • Agenda. ogle f' CITY OF Dl:NTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 7620f FELEPNONE (617) 566.8307 c; 0tke of the City Manager Y~ CITY COUNCIL REPORT TOt Mayor and Members o° the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 13, 1995 SUBJECT: Resolution Authorizing The City Manager To Execute A Public Transportation Contract And Subsequent Amendments With The Texas Department Of Transportation RECOMMENDATIONS Staff recommends the adoption of this resolution. BACKGROUND: Upon approval by the City council, this resolution would authorize the City Manager to execute a public transportation contract and subsequent amendments with the Texas Department of Transportation (T%DOT). The purpose of this contract is to provide for the expenditure of funds pursuant to the Urban Mass Transportation Act, as amended. The applicable legislation, Section 9, is administered under the auspices of the Federal Transportation Administration (FTA). Funding secured from this grant will be used to supplement SPAN operations and thereby ensure that public transportation needs in the city of Denton can be met. I The period of this contract is for FY 195-96, from September 1, 1995 until August 31, 1996. The City of Denton is requesting approximately $141,390 from the state in next year's funding cycle. • By comparison, the City has requested at total of $422,552 in federal funding including $40,800 for planning; $166,7:+2 for capital; and, $215,000 for operations. The matching portions of the grant are required in the following proportions: Fo-.deral State City • Planning 80% 13% 7$ Capital 80% 13$ 7% Operating 50$ 25% 25% "Dedicated to Quallty,wrvtu" • 0 ra e Awn No. Agenda dim Date Based on the State percentages, the capital funding a ocated for this period is approximately $260260 and will be used for the purchase of vehicles and replacement route signs. The operations funding allocated for this period is approximately $197,500 and will be used to meet necessary expenses for SPAN equipment and personnel. Finally, the planning funding allocated for this period is approximately $6,630 and will be used to attend the Regional Transportation Council (RTC) and Surface Transportation Technical Committee (STTC) neetings at the North Central Texas Council of Governments (NCITCOG) as well as considerations for route revisions and ADA compliance. An additional $1,000 is included in the TxDOT contract to support professional development of Staff concerning the provisions of Section 9 and effective grants management. PROGRAMS, DEPARTMENTS. _OR GROUPS AFFECTEDt SPAN and residents who use public transportation in the City of Denton. FISCAL IMPACT: Adoption of this resolution will allow the City Manager to execute the attached agreement and subsequent amendments to fund public transportation in the City of Denton. Staff estimates the local match for the FY 195-96 grant year will be approximately $129,598, Based on the budgeted amount of $82,625 from the general fund and $11,560 in local contributions, Staff's in-kind contribution is approximately $35,413 and will be used to reduce the general fund obligation. By comparison, our total local match for ;Y 094-95 was $129,669. l Please advise if I can provide additional information, j RESPE ULLY SUBMITTED: L yd V. Ha re11 City Manager • Prepared by: Jose Portugal • Assistant to the Cit Manager Attachments: 1. TxDOT PTF Contract, 0516XXP6011 2. Draft Resolution ~f ct i Agendr No. Aoenda flem Y.' Date. RECIPIENT: City of Denton CONTRACT NUMBER: 516XXF6011 STATE PROJECT NO.: URB-9601 (018)1 ri PUBLIC TRANSPORTATION CONTRACT f II THE STATE OF TEXAS § cr THE COUNTY OF TRAVIS § THIS CONTRACT is wade by and between the State of Irexas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Denton hereinafter called the Contractor, D I T N 6 8 8 E T 8 WHEREAS, the State is the administering agency for the State Public Transportation Fund as prescribed by Article 6663e, V.T.C.S.: and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systemst and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Projects and N WHEREAS, the Texas Transportation commission passed Commission Minute Order No, 105871 authorizing the State to enter into the necessary agreements with the Contractor for funding public 4 transportation projects; and t NOW, THEREFORE, in consideration of the premises and of the ® mutual covenants hereinafter set forth, the parties hereby agree as follows. i i 1 • Y :fy Age 04 No, Agenda flem 04 A G R E E X R N T ARTICLE 1. CONTRACT PERIOD This contract becomes effective on the final date of execution by the State's Director of Public Transportation and shall terminate on August 31, 1996 unless otherwise terminated or modified am hereinafter provided. Termination of the Contract shall not release the contractor from the property management standards outlined in Article 9 below, ARTICLE 2. PROTECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall ;a comply with the provisions of the uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the Project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COXPEXSATION A. The maximum amount payable under this contract without S modification is ($141,390). The. State will reimburse the Contractor for the authorized costs incurred in carrying out this project which are further described in the budgetcontained in Attachment A. The State's payment to the Contractor is contingent upon the availability of Federal and/or State appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient Federal or State funds are not available to pay the Contractorts claims, • B. To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period specified in Article 1 above and be included in the project budget contained in Attachment A, 2 • r f Agenda No. Agenda Item Oats C. Payment of costs incurred under this contract governed by cost principles outlined in applicable Federal ' Office of Management and Budget (01.48) publications as follows: State or Local Governments OMB Circular A-128 Institutions of Higher OMB Circular A-133 t Education and other Nonprofit Organizations D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the contractor that have the effect of reducing the cost actually incurred. In particular, fares and other peesseenger revenues shall be so identified on the Contractor's billing to the State. E. All major items or equipment, as described in the capital budget in Attachment A, shall be included in this contract as direct costs. The Contractor hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs, F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice statements acceptable to the State. Additional documentation to support all costs incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original invoice with required documentation is to be submitted to the following address; James M. Huffman, P.E. District Engineer Texas Department of Transportation P.O. Box 3067 Dallas, TX 75221-3067 G. The state will make payment within thirty days of the receipt of properly prepared and documented requests for payment. 3 e, ~ ~ r'i Aptndatio - Agenda IIlm The Contractor will submit a final billing qPAX'11 days of the contract termination date speci i e above. I, The Contractor shall make payments promptly to all subcontractors and suppliers, Failure to do so will be grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the Contractor. k; ARTICLE 4, CONTRACT AMENDMENTS Changes in the scope, objectives, cost or duration of the Project authorized herein shall be enacted by written amendment, approved before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both k parties within the Contract period as specified in Article 1. t' ARTICLE 5. SUBCONTRACTS Any subcontract for professional. services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $25,000 shall a contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. ARTICLE 6. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, statistical records and all other p records pertinent to this Contract. 13. The Executive Director of the Texas Department of Transportation, the Texas State Auditor or any of their duly authorized representatives shall have access to the records described in Paragraph A above at all reasonable times during the contract period and for the period set forth in Paragraph C below for the purpose of making audits, examinations, excerpts and transcripts, • C. Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall be retained for a period of three years from final payment, with the following qualifications: 4 ~ 0 to • Agenda No. Agenda Item,.. Oste (1) If any litigation, claim or audit is starter be tore a expiration of the three-year period, the records shall be y retained until all litigations, claims or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquirad in whole or in ' part with State funds shall be retained for three years after its final disposition. (3) when records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Contractor. a D The Contractor further agrees to include these provisions in each negotiated subcontract, t E. Contractor audit procedures shall meet or exceed the single audit report requirements outlined in Office of Management and Budget (OMB) publications as follows: t F State or Local Governments OMB Circular A-128 is Institutions of Higher OMB Circular A-133 Education and Other Nonprofit organizations ARTICLE 7. FINANCIAL MANAGHIENT SYSIAM 8 The Contractor's financial management system shall meet or exceed ` the requirements of the "Uniform Administrative Requirements for i Grants and Cooperative Agreements to State and Local Governments' (49 CFR 18). Those requirements include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant-supported activities. These records shall s contain information pertaining to grant awards and • authorization, obligations, commitments, assets, liabilities, .outlays and income. 5 f i Agenda No. Agenda Il;m Date C. Effective control over and accountability for all funds property and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance of productivity data, including the production of unit cost information, whenever appropriate and required by the State. y E. Frocedures fur determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source docump ''gtion. G. A rystr stir method to assure timely and appropriate reaol.,..ion of audit finding and recommendations. t. ARTICLE 6. PROCUREMxNT STANDARDS Contractor procurement standards shall meet or exceed the requirements of the "Uniform Administrative Req,iirements for Grants and Cooperative Agreements to State and Local Governments, (49 CFR Part 18), including insurance and bonding requirements. The Contractor shall have written selection procedures which meet the minimum requirements of that document. The Contractor agrees to comply with applicable Buy America requirements set forth in Section 401 of the Surface Transportation Assistance Act of 1978 t (P-L. 95-599) and the Federal Transit Administration's Buy America regulations at 49 CFR 660. The Contractor agrees to comply with the cargo preference requirements set forth in 46 USC 1241 and Maritime Administration regulations set forth in 46 CFR 381. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18. The Contractor will meet all obligations incurred in its subcontracts with its equipment suppliers, to specifically include the prompt payment of monies due the supplier upon delivery of acceptable equipment. Should payment be delayed for any rc...son, the Contractor agrees not to operate any equipment that has been delivered without the express pat-mission of the equipment vendor and to lend it the same protection it would its own equipment. e ~ ~ • i 6 f I Agenda No. S f Agenda Nem ARTICLE 9. PROPERTY MANAGEMENT Rate t , The Contractor agrees to comply with the property management standards specified in the 'Uniform Administrative Requirements for. Grants and Cooperative Agreements to State and Local Governments' (44 CFR Part 18), in its control, use and disposition of property or equipment governed by those standards. Further, the Contractor shall comply with the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31. In 1 the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services, the Contractor shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this contract upon determination by the State that said property has not been fully and/or properly utilized.+ 9'he Contractor shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property as required by the insurance regulations of the State of Texas, s , Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will { be the value of the property immediately before the casualty or p fire. Unless otherwise approved by the State, in the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be " i considered fair market value, The Contractor shall not execute any lease, pledge, mortgage, lien or other contracr. touching or affecting the State interest in any project facilities or equipment; nor shall she Contractor, by any act or omission of any kind, adversely affect the State interest or impair its continuing control over the use of project facilities or equipment, The Contractor shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 10. LABOR PROTECTION PROVIBIONs . The Contractor agrees to undertake, carry out and complete the ' Project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable, to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Federal Transit Act. Y • 7 • O • j r AWdi k AWdi Item WM ~ ARTICLE 11. CEL9RTKR AND SCHOOL BUS OPERATIONS A. The Contrar.Lor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the Project area within which it provides regularly scheduled public transportation service, except as provided under Section 3(f) of the Federal Transit Act, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth in 49 CFR Part 604 and any amendments that may be issued. Any subcontract r entered into under these regulations is incorporated into this a" Contract by reference. t, B. The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Federal Ti°ansit Act, 49 USC 1602(8) and jt regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Y' Any subcontract entered into under these regulations is incorporated into this Contract by reference. ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: (1) A comparison of actual accomplishnu:nts to the goals established for the period. (2) Reasons why established goals were no: met. (3) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State in writing of events which have a significant impact upon the Contracts including; • (1) Problems, delays or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by u statement of the action taken, or contemplated, and any State assistance needed to resolve ® the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or 8 • 0 0 Agenda No. + Agenda pam 'A Dale _ . producing more work units than origina Y' c, P.RTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in all disputes regarding non- procurement issues, and the State's decision shall be final i. + and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be ; grounds for termination of the Contract and any increased cost arising from Contractor's default, breach of contract or violation of terms shall be paid by the Contractor. y This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law f and in equity may be availed of by either party and shall be cumulative. ARTICLE 15, TERMINATION i A. The State may terminate this Contract at any time before the date of completion w:,enever it is determined that the 4 Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor at least seven days prior to the effective date of , termination and specify the effective date of termination and the reason for the termination. B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including ' the effective date. In the event that both parties agree that resumption of the Contract is warranted, a new contract must be developed and executed by both r parties. C. Upon termination of this Contract, whether for cause or at r. the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work 9 . O , s e } Agenda No Agenda Item covered by this Contract, provided that th at4rete-hoer bezTS =j completed in a manner satisfactory and ac a e 4 e i; State. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. E. Except with respect to defaul'3 of subcontractors, the 0 Contractcr shall be in default by reason of any failure in performance of this Contract in accordance with its terms, including any failure by the Contractor to progress in the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this r' Contract will be waived by the State for causes due to Acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL RMITS During the performance of this Contract, the Contractor, for itself., its assignees and successors it interest agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the regulations relative to non- discrimination in federally assisted programs of the Department of Transportation (hereinafter 'DOT') Title 44, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b), as they may be amended from time to time € (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made a part of this r Contract. (2) Nondiscrimination; The Contractor, with regard to the work performed by it during the Contract, shall not r discriminate on the grounds of race, color, sex or national origin in the selection and retention of k subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discriminat..on prohibited by Ject•ion 21.5 of the Regulations including. employment practices whnn the contract coves a program set forth in Appendix a of the Regulations. (3) Solicitation for Subcontracts, Including Procurements of Materials and Eauioment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to 10 0 0 • ra • Apenda No,._.....~.-.---- Aoenda Ilem 0810 nondiscri.minaton on the grounds of rac , color, SeR or = national origin. ss (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of r, information and its facilities as may be determined by the State or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any, information required of a Contractor is in the exclusive i,N' possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. ? (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination ? provisions of this Contract, the State shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited tot { (a) Withholding of payments to the Contractor under. the Contract until the Contractor complies, and/or } (b) Cancellation, termination or suspension of the Contract, in whole or in part. t (6) Incorpor2tion of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations ! or directives issued pursuant thereto. Tha Contractor shall take such action with respect to any subcontract or procurement as the State or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor p becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 11 e- s 4> p Apenda No. Agenda Ilem "g Date B. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped :a person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction k' or alteration and all new equipment included in the project t comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth in 49 CFR Part 27, and any amendments thereto, and the Americans with Disabilities Act. C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS y It is the policy of the Department of Transportation and the State that Disadvantaged Business Enterprises as defined in j the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102-240, Sec. 1003, 105 Stat. 1914, 1918-1922 (1922), shall have the maximum opportunity to participate in the performance of contracts rd subcontracts financed in whole or in part with Federal funds, Consequently, the Disadvantaged Business Enterprise requirements of Pub. L. No, 102-240, Sec. 1003 apply to this contract as follows: rs.. The Contractor agrees to insure that Disadvantaged Business , Enterprises (DBE) as defined in Pub. L. No. 102-240, Sec. 1003 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal. or State funds. In this regard, the Contractor shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whale or in part with Federal or State funds, These requirements shall be physically included in any subcontract. The percentage goal for Disadvantaged Business Enterprise i participation in the activities to be performed under this contract is a minimum 10% of the contract dollars available for contracting opportunities as defined in P. L. 102-240, Sec. 1003, The contractor shall submit to the State reports on DBE compliance efforts and documentation of good faith ' + • efforts to meet the DBE goal. This information shall be provided to the State on the format(s) and at time intervals prescribed by the state. 12 Awde No, Agenda Ilem Datc Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of 4.. the State, may result in termination of the contract by the State or other such remedy, which may include reductions in future grant awards, as the State deems appropriate. D. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11246 titled 'E;ual Employment Opportunity' as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60). E. AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of >I{-' tabor (41 CFR 60-1 and 60-2) have been developed and are on file. Ci F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act z, The Contractor agrees to comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part. 327-330) as supplemented by Department of Labor Regulations (29 CPR, Part 5), (2) Copeland 'Anti-Kickback' Act The Contractor agrees to comply with the Copeland 'Anti Kickback' Act (18 USC 874) as supplemented in Department of Labor regulations (29 CPR, Part 3). (3) Davis-Bacon Act s The Contractor agrees to comply with the provisions of the Davis-Bacon Act (40 USC 176a to 9-7) as supplemented IA, by Department of Labor regulations (29 CPR, Part 5). (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations 'Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs' (49 CPR Part 25) are applicable to this Contract. F, (5) Insurance and Banding ; • • The Contractor shall comply with insurance and bonding requirements as established in 49 CPR Part 18, < 13 i E i r A4,nee No, Agenda Item - (6) Signs The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. G. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)t Section 506 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFR, Part 15). The Contractor further agrees to report violations to the state. The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). H. CONTROL OF DRUG USE The Contractor agrees to comply with the terms of the omnibus Anti-Drug Abuse Act of 1988 (P.L. 100-890, Title V, Subtitle D). 1. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, 0SUspension and Debarment of Participants in DOT Financial Assistance Programs" set forth at 49 CFR Part 290 are applicable to this Contract and the Contractor must complete the Contractor Certification which is included as Attachment B. Further, any subcontractor employed by the Contractor is also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) form. • 14 °41 • • t ~ '.+,1711 +.A~ i~/l}r+y;~~lsidG ~;a. \I jt~ • 0 r Agenda No. Aqcoda Hem v Ualc. J. RESTRICTIONS ON LOBBYING Pursuant to Section 319 of P. L. 101-121, which generally prohibits recipients of Federal funds from using those monies for lobbying purposes, the Contractor shall comply with the attached Special Provision 'New Restrictions on Lobbying', which is included as Attachment C. K. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. No member, officer or employee of the Contract during this tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or t favors from any person doing business or who reasonably Fi speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and C. items that have received the advanced written approval of the State Executive Director for the Texas Department of Transportation, Any persons doing business with or who may reasonably speaking do business with the State under this Contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. L. ASSURANCES ~l The Contractor will comply with Texas Civil Statutes, Article 5996a, by insuring that no officer, employee or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the employment of any f person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or r r 15 t F • ' Apendr: Mo. Agenda Item nalc to any other officer or employee authorized to empl6v or~' supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a perind of two years prior to the election or appointment of the officer, employee, governing body member i related to such person in the prohibited degree. r The Contractor will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. The Contractor will comply with Texas Civil Statutes, Articla 6252-17, which requires all regular, special or called meetings of governmental bodies to be open to tha public, except as otherwise provided by law or specifically permitted in the Texas Constitution. M. PATENT RIGHTS If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this Project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign countryl and if said invention, improvement or discovery has not already become the property of the State under Article 15.C above the Contractor shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors and the United States Government with respect to such invention will 'i be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. Further, the Contractor shall comply with the provisions of 41 CFR, Part N. COPYRIGHTS The State and the United States Department of Transportation 0 shall have the royalty-free, non-exclusive and irrevocable right to reproduce, pubilsh or otherwise use, and to authorize others to use, the work for government purposes. , 16 A M Apenda No. hpenda Item Date F. 0. INDEMNIFICATION To the extent permitted by law, the Contractor shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents or employees, performed t under this agreement and which result from an error, omission or negligent act of the Contractor or of any person employed by the Contractor. The contractor shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Contractor, its agents, or employees. P. SUCCESSORS AND ASSIGNS The contractor binds itself, its successors, assigns, executors and administrators in respect to all covenants of this agreement. The Contractor shall not sign, sublet or transfer its interest in this agreement without the written consent of the State. Q. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it is not an agent, servant or employee of the State and is responsible for its own act and deeds and for those of its agents or employees during the performance of the contract work. R. LEC U CONSTRUCTION In case any one or more of the provisions 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 affect any other provision thereof and this agreement shall be construed as it such invalid, illegal or unenforceable provision had never been contained herein. S, PRIOR AGREEMENTS • This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 17 • v , • r Agenda No. i Agenda Item Date IN TESTIMONY WNBREOI, the parties hereto have caused these presents to be executed. STATE OF TEXAS City of Denton i Certified as being executed By: for the purpose and effect of activating and/or carrying out the orders, established Title: policies, or work programs heretofore approved and authorized by the Texas Date: Transportation Commission under the authority of Minute Order No. 105871. APPROVED: By:_ Director of Public Transportation Date: RECOMMENDED FOR EXECUTIONS District Engineer, Dallas District r t u.r O J I N g ti ~ 1~I t' • Agenda No, Agenda item Date 8/96 ATTA j CONTRACT WDGET t% F CONTRACTOR. City of Denton p CONIRAV WiSEAN 516XXF6011 STATE PAridECT MO.L URR %GI (0I8) 1 " - FFA KWERt LINE ITEM i DESCRIPTION TOTAL FEDERAL STATE LOCAL j, CAPITAL - XX.XX,XX 2 LIFT EGIPPED VEHICLES no, 000 160,000 26,000 14,000 XX.XX,X% REPLACEMENT SIGNS 2,000 1,600 260 140 XX.XX,XX 0 0 O% 0 0 202,000 161,600 an 26,260 13% 14,140 1% PLANNING XX.XX.XX 31,000 40,500 6,630 3,570 $1,000 40,800 an 6,630 13% 3,570 7% OPERATING XX.XX,XX 430,000 215,000 107,500 107,500 430,DOO 215,000 30% 107,500 25% 101,500 29% TRAINING TOTAL 683,000 417,400 61-4 140,390 21% 125,210 1a% FEOERAL FUNDING SPLITI IX-90-X001 TX•90•%001 TX-90•X001 TOTAL CAPITAL 161,600 O 0 161,600 PLANNING 40,x00 0 0 40,800 OPERATING 215,000 0 0 215,000 417,4w 0 0 417,400 STATE FUNDING SPLITF FORMULA CSP OISCRETIONFYIY TOTAL CAPITAL 26,260 0 0 26,280 • PLANNING 6,630 0 O 6,630 OPERATIMG 107,soo 0 0 107,500 140,390 0 0 140 390 TX 80aD04 (SCNOLARSNIP) 1,000 r • TOTAL REIMBURSABLE AMMI 141,390 1" ~ y \ 1~ tM ~ Ir }Rita 7 v y gtrf 7),~! •r , LQMj . m Debarment Certif ication (Negotiated Contracts) E. f. (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and k i its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a H criminal offense in connection with obtaining, attempting to obtain, or perform- ing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity* with commission of anv of the offenses enumerated in paragraph (1)(b) of this certification; and i (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default, (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification, *federal, state or local • irnuurko art nj* M~l _ • ' Tit]* • corm 1 724 -A ~•Ii aay , rl ` - Agenda Nor Agenda Item c Data t Lower Tier Participant Debarment Certification (Negotiated Contracts) 1 being duly sworn (I rnert Am me oreerlifying omcAq or under penalty of perjury under the laws of the United States, certifies that neither nor its t lnwrlna meal low or tier participant) principals are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any Federal department or agsacy Where the above identified lower tier participantis unable to cert'fy to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the Initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility, Providing false information may result in criminal prosecution or administrative sanctions, EXCEPTIONS: • Sidnature of CerHfyinie fMlcial Title • naleorceruriutlon See Reverse for Information Form 1784 F1ev. 4'89 r lt'. r 0 Agenda Ito. M1 a Agenda Item x Date t' Certification Information i z t This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur: • any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless of type, under ` a primary covered transaction • any procurement contract for goods or services when the estimated cost is $25,000 or more r + any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered trans- action. Such persons include principal investigators and providers of federally required audit services, A procurement transaction is the process of acquiring goods and services, A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor, A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST, I . r n p .l1 S \ .i 1 r i is J YAlt't~if+lr r, ,r Ew , Apenda Na. Apenda Ilam oil$ r CE14TIFICATION OF RESTRICTIONS ON LOBBYING hereby (Name an Title o Grantee 0 c al) certify on behalf of that: (Name o Grantee} (1) No Federal appropriated funds have been paid or will be paici, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a E, Member of congreso, 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. (2) 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, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to report Lobbying," in compliance with its knstructions. (3) The undersigned shall require that the language 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 subreceipients shall certify and disclose accordingly. I This certification is a material representation of fact upon which reliance is 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. Executed this day of , 19 • Bye ` • Signature o Aut or ae 0 c a T t~T uthor xe Official I • c) • federal Repislet I Vol. 61, No. 242 /Wednesday. December • d w1jer■ t •+e 41 O~ DISCLOSURE OF LOBBYING ACTIVITIES "O"' Complett Ihfr tom 10 6iadose WbpnA MivH" ptMwnl to )1 U.S C. Ike teirrx la pubk ►rrden dulope we.l I. irpe d iedetd At17on, t swul d fedttal Attlolu 1 Rew Tnt, It. tan 1:1 b Ita^t 13 ble. Mind wo w1w f rapplir:nond 13 b. mMMY dwyt r it. d, coesperati.t alf"Menl a potl•twtrd fa AldetDlk Uarht odr. e. loan f~urMIff )'fr wMl1 t. ban friw"e date d IaN rtyorl .ter--.•~ A kanw rd AA&Ma W ReWitiR Way t M Reratk~ filer r N►14~o~."Dte [oN+ Natoe a trine D fubawareke aed Al/lati d hiwr tier _ , d kAwwn: G r? C /riiDNtrktdknewm t DMrkA>linawrr t' r; e. ftdnat DeparknwaARtetr i, (Natal Iropram N~Tseett)flknc . C1DA Number, /applfcabfe. f t. R (Natal Attbn NumML d knownt Award Am6mL 0 Attu"; 'S 1 ;~f r- 10. a, Mime wiel AiWim of Do►byi"[+rWr b. *&W"4 /MoemNA kfvk f (ffwk4" aJdrtu 0 Idsmorh?dwl.list rams. Aftl name, th tbhfrfnt hom ho 10 {a (last name, first name, MIA i 161169F CrM tar fill -LIOA 0" AM 1 11. Amaonl of ►aymm leheck alt that Aopf) h 11, Type of paynsi ftherk at I1141 Atopttf: i ) a utwl a partied a a. retainer a b, one-llme Irv 17, Frain of Payment Ottk all Nf appfyl; a e• co mniftion a A cash a d. emli genl Ire D b in.km4. spKlh: ndluft a t. ddened le. Rrter D:x,♦ptien d Seaver IMeeslred o/ M k /Man.N asd DaaM►I M Sttrkta isdsfdirr[ eMkt111L tAtploleMY a AlMnbtrlsr fotalMed la ►ayrfr/M kriiueN la Mew 11: 3 IS. Contlnw M SAftlial N11i.1 NIatA►k C Yn O wo la /tpw MVA"w 0".0 w aw t wMw b M Ir v $ c i` 1111~ 1111 11n OWIM e r worry MU 64 rnw wwfYtiiiiii, lira~ 40 ho 40k.0 ~s viii As" 6, 04 6w do" ofto AM If 4/r r117 WA fw.wr M Y nf,M w ft CeApr ~ , ,..A w .a b, puk" a. t ak nftr.,, ¢f a„~ .t, M Y w N i,l.At a1f/M AO NO K*M 1 r. rw ww" r w wo M I v Am va AN .rw fan l w w ar wt wa Bbr Te4pAane Ner~.~ DNt. fderal Use Oalp a.filp ref sr cats etafMrrr. s w,K.trtmi•W f i • v S2324 Federal fiegister j Vol. S1. No. 241 j Wednesday. December 20, 19dN f,fispmces INSTRUCTIONS FOR COMPLETION OF 5FdEL, DISCLOSURE OF LOBBYINGR[VITIES This disdosute form shall be completed by U4e repurting trolly, whether wbawudee or prime Federal rcctp-rnt, at [fie lowtuon of receipt of a coverts) Federal action, or a material Charge Ira a previous hlins, pursuant to title it U.S.C. ;i action 1352, The Fling of a Form Is required for each payment or + reemtnt to make payment to any lobbying Willy for Influendng or sttempbss to Influence an officer a empbyee or any agency, a Member of Congress, an officer or employee of Cafrtgress, w an employee of a Member of Coror"s in connection with a covered Ft*iij action. Use the SF•LLL•A ComUmuuon Sheet for additional Worma[ion if the space on the form is frudtefuae. Comptele all Items that apply for both the Wool filing and material change report. Refer to Use Impermenting guidance published by the Office of Management and Ikidget for addrucs" Information. 1. Identfy the Apt of writhed Federal salon for which lobbying activity k "or has been secured a Influence the outcorne of a covered Fedora! action. 2. Identiy, the status of the covered Federal k1lon, S. Identify the eppropdatt dasslfsuuon of Ora report. If Itch Is a browsup report caused by a mattr(al Change 10 the information peviously reported, enter the year and quarter In which the cheese occurred, tnttr the dale of the last pmysica,e►y submitted report by this reporting enUry lot this covered federal action. a 1. Enter the lacy narmt, address, dry, state and tip coc(e of the tlpoeU entity. Include Congrnalorul 04stricl, if known, Check the aplaroprisle datWButton of the reporting freshly that deugnatei 0 it H. or expects so be, a prime or tubawud recipient. Wanly tht ter of the sublwardte, e.g, the first wbawardee of the prime Is the ts[ lie'. Subawards include but are nor fimired to subcontracts, wbsrarts and contract awards under grants. S. If the omganillron film` the report in Vern 1 checks.'Subawardere", then enter the full name, Wien, pr1, slate and tip code of the prime federal retlpient. Include Congressional District, If known 6. Enter the name of the Federal agency making the award of loan commitment. Include it least one ogtio-aarmnal level below asen(y rune, it known. for example, Department of Transportation, United $lilts Cast Guard 1. Enter the Federal program name or descripttom for the covered Federal anion firem 1). It known, enter the full Calalog of Federal Oomn;ic Assistance (CFDA) number fm grans, cooperative agreements, bans, and loan commitments. 6, Enter the most appropriate Federal identifying number avatloolt fa the Federal action identd,ed in Item 1 l t' Request for Proposal OFF) number, Invitation for Bid (118) n umber, gent announcement number, the conUaU, grant, or loan award number; the appliuuorsproposal control number assigned by life Wrist asencl) Include prefixes, e.g, "UP-DE-W-001," 9. For a covered Federa4 xlion where [here has been an award or ban commitment by the Federal agency, enter the ~i Federal amount of the award)oan Comm rment lot the prime entity Identified in Item 1 or S 10. WEmer the full name, addlew dly, Slate and lip code of the lobbying enh~ engased b) the reporting entity Identified in item a to influence the covered Federal gallon, (b)Enla the full names of the Individual(s) perfomning seMcre, and hKludt toll address It diffetent from 10 (a), t Enter Lea Name, tint home, and Middle Initial (Mil. 11, Enter the amount of compensation paid or reasonably expected to be paid b1 the teporting entity (item A to the tobbytrts ertliry (litm to). Indicate whether the payment has been made tactual) or will be made (planrsrd) Check all boats than apply. If this is a material change repom tn[tr dot cwnulatnt amount of payment made or planned to be crude. ?f 12. Check the +ppropel+le bodes), Oxdt act boon OW apply. N parmenl Is made Uwough an N+iird contribution, specly the nature land valve of the Inibsd pit is I. • 13, Check tyM appropmlatf box("), 0had ad boa" shit apply, of Other, spedfor, stuff we. si 11. Provide a apedfic end deulled d"vfptlon of the Mevicn Not the lslbbybf has Wool it . or will be expected so perform, and 0* chit(s) of eery uMt" reredered. WA & all perpara~lay and related lactlviry, not hest tieree spent in actual comfort with Federal oN4W& Imlay Mee ftdeeat aeteOlarlar of smtp)oytels) coned or the offket(s), employee(s), its Mtmbesld of Congt"a pleat were confascsed is. Chita wlsether or sqt a SF-CU A Contlnwdon Sh"Ital k dweliel. O 16, The certffybtg official hug sign will date dell Font, pent Nvlw now, O k, and fekplyorse number, Public repor" Wireless to 0" collection of Wornsa,on it "omNed to wersoe )on~ psi response, InskrAry ante for re+vewins ' Insmretiorv}. wrcMy lanais Eau atiweh. otMtnty and m►'rNerr4g she Vu rwded, and e4.np4 Was and rrv4ewrrs she collection o1 Infor ratan Send crrmwrti rr;rd s611n Wester telimat or "allow owl of this cdsectan d rrdamttta, nthArrif arraseswm lot reE4rtrng tivs twderk b 1140 OnKe 0I Mae Witm and runlet Prertrwos aehrt4on Pterrrt IOyaa00aa1, Wa✓4rytar. 0 C MO) e eLi t • Agenda No. Aornda Nem federal lie(lialer I Vul 54. No 243 / Wedresdep De(rmbr DISCLOSURE Of LOBBYING ACTIVITIES ttwer+. CONTINUATION SHEET 0"W+rs ls*r Post • de.br hr. • w.~ I • I. w 0 Agenda. IJo " Agenda Item 52326 Federal ReRieler ' Vol 6/. No 247 J Wednesday. Flecembcr 014 . Appendix C to Part - Contract Clause NEW RESTRICTIONS ON LOBBYING ;j (a) Definitions. As used in this clause, "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(l). "Covered Federal action" means any of the following Federal' actionst (1) The awarding of any Federal contract! (2) The making of any Federal grantr (3) The making of any Federal loan) ; (4) The entering into of any cooperative agreements and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a coc..itment providing for the United States to insure or guarantee a loan. t "Indian tribe" and "tribal organization" have the meaning { provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. r; "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a s" Member of Congress in connection with any covered Federal action. "Local government" means a unit of } end, if chartered, established, or otherwise recognired by to State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organisation, and any other instrumentality of a local government, O "Officer or employee of an agency" includes the following individuals who are employed by an agencys (1) An individual who is appointed to a position iD the Government under title 5, U.S. Code, including a position under a temporary appointments y (2) A member of the uniformed services as defined in A section 101(3), title 370 U.S. Codes (3) A special Government employee as defined in section 202, title 18, U.S. Coder and, i 21 f e e l~:y tederAl keguttr ! 101 $4. NU .'4J 1 1ledneWd). Uecemucr 20, 6*fn t, (4) An individual who is a member of a reds g&lsadvisoEX committee, as defined by the Federal Advisory C title 5, U.S. Code appendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term.excludes an Indian tribe, tribal organization, or any other Indian organisation with l respect to expenditures specifically permitted by other Federal law. a; e: "Reasonable compensation" means, with respect to a regularly s' employed officer or employee of any person, compensation that is r consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not. furnished in cooperation with the Federal Government. f. "Reasonable payment" moans, with respect to professibnal and other technical services, a payment in an amount that is f consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with a Yederal contract, The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year Immediately preceding the data of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee i' who is employed by such person for less than 130 working days within one year irmadiately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of • a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (1) Section 1762 of title 310 U,S, Code provides in part that no appropriated funds may be ex;wnded by the recipient of a • Federal contract, grant, loan, or cooperative agreement to pay • a 22 0 A G~ 0 i15J~ 62d?-0 Federal RtgWor / Vol. A No. 243 / Wedrwiday. December 2 :11leOAIAC& any person for influencing or attempting to influe ceatan officer c} or employee of any agency, a Member of Congress, -0tticat._n1~ employee of Congress, or an asployse of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any r' cooperative agreament, and the extension, continuation, renwelr amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) The prohibition does not apply an follows: (i) Agency and legislative liaison by own Employees. (A) The prohibition on the use of appropriated ; funds, in paragrap*y l) of this section, does not apply in the case of a payment o reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract if the payment is for agency and legislative' liaison activities not directly related to a covered Federal action. (a) For purposes of paragraph A (A) of this }r section, providing any information specifically requested by an aga»cy or Congress is allowable at any time. (C) For purposes of paragraph (A) of this section, the following agency ■nd legislative Its son activities are hllowable at any time only where they are not related to a spec$.fic solicitatio for any covered redsral action: .q. 1 (il Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabili esl and, 1 ~i) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (e1(aK') t; (D) For purposes of paragrapph (A) of this section, the following agency and legislative liaison activities are allowable only where they .are prior to formal solicitation of any covered Federal ion: s~t M Providing any information not specifically requested but necessary for an agency to sake an informed decision t initiation et a covered redsral action] S) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission) and, r' • (iris) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public law 9S-507 and other A subsequent amendments. A Zi k f{ i G i 0 0 • s:> • t'ederat Register J Vol, M. No 243 1 Wtdnesda~-. Dectmbet 2t~~nn (E) only those activities expressly ehbr paragraph^(i) of this section are allowable under p (ii) Professional and technical services by own Employees. (A) The prohibition on the use of appropriated funds, in paragraphl) of this section, does not apply in the case of a payment air reasonable compensation sad* to an officer " or employee of a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any laid, proposal, or a. 1lcation for that Federal contract or for meeting requirementa imposed by or pursuant to law as a condition for receiving that Federal contract. (11) For purposes of paragrapha (A) of this section, "professional and technical services" shall be limited to advice and analysis directly applying any professional or t technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. similarly,. technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. j' However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this ar section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice >n or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a n lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or bar clienN s proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is trot providing professional legal services. Similarly, communications with the intent to influence'sade by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the i engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents, ' 24 t, F' 1. • 4> • . _ r-- jP 52330 Fadenl Aegistrr I VD]. st No. 243 / Wednesde} December , f~E9~a t, o ices ; tbx Date (D) only those ■ervlcea expressly paragraph i(ii) of '.his section are allowable under paragraph (Oca) ; (ii). (iii) Reporting for Own Employes, } No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of [;Y a person. r (iv) Professional and technical services by Other than Own Employees. k' (A) The prohibition on the use of appropriated funds, in paregraph U l) of this section, dos not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal action, if the payment is for professional, or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for tweeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. , (H) For purposes of paragraphs (A) of this section, "professional and technical services" shall be limited to advice and analysis directly applying any professional or 4f; technical discipline. For examplsr drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable, However, communications with the intent to influence made by a professional (such as a licensed 'atyer) or a technical person (such as a liewmed accountant) Are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preperation, submission or negotiation of a oovered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice yr analysis directly atad solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are t not allowable under this section because the lawyer is not • providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission•of a. bid or proposal are mot allowable under this section since the engineer is,providing technical services but not directly in the preparation, submission or negotiation of a covered federal action. ; • o r 25 • • Agenda No, Federal Reldaer 1 Vol, 54. No. 243 J Wednesday, DecemLrr 1 lives 52$31 (c) Requirements imposed by or purs Aato law as - a condition to: receiving a covered Federal award nn ude those t required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documontd. (D) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (~1(r) (E) Only those services expressly authorised by parograp (iv) of this section are allowable under parograph~bXi) (iv). (c) Disclosure. (1) Each person wbo requests or receives from an agency a Federal contract shall file with that agency a certification, set forth in , that the person has not made, and will not make, any paymen~t prohibited by paragraph (b) of this clause. (2) Each person who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, Standard Form-LLL, "Disclosure of Lobbying Activities," it such person has made or has a reed to make any payment using honappropriated funds (to dude proZits from any covered r Federal action), which would be prohibited under paragraph (b) of this clause if paid for with appropriated funds. (3) Lech person shall file a disclosure form at the and of k each calendar quarter in which there occurs any event that requires disclosure or that materially effects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphx2) of this section. An event that materially effects the accuracy of the intonation reported includest (i) A cumulative increase of $25,000 or more in the t amount paid or expected to ba paid for influencing or attempting to influence a covered Federal action; or (ii) A change In, the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a cover&d Federal action. (4) Any person who requests or receives from a 'Person, referred to in paragraph(t)(1) of this section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, a disclosure form, if required, to the ' next tier above, 26 O a AWds No. 02312 reddTal Rrytldm J Vol. A. Mo. 243 / Wednesdev. Dec t' (5) All disclosure toms, but not certifications, t11a11 Lea forwarded from tier to tier until received by the person referred to in paregrsps)l) of this section. That person shall forward all disclosure to the agency. (d) Agreement. In accepting any contract resulting from this solicitation, the person submitting the offer agrees not to sake any payment prohibited by this clause. (e) Penalties. (i) Any parson who makes an expenditure prohibited under, parogra h (b) of this clause shall be subject to a civil penalty of not ems than $10,000 and not more than $100,000 for each such expenditure. (2) Any person who fails to file or asend the disclosure form to be filed or amended it required by this clause, shall be subject to a civil penalty of not lass than $10,000 and hot more than E100,000 for each such failure. (1) Contractors may rely without liability on the representations made by their subcontractors in tho certification and disclosure form. (f) Cost allowability. Nothing in this clause is to be interpreted to sake allowable or reasonable any costs which Mould be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation. Conversely, costs made specifically unallowable by the requirements in this clause will not be sad* allowable under anyt of the provisions of Part 31 of the Federal Acquisition Regulation. (End of clause) i !rR Dom "-Wu 114d t:-to e► tsae pm) 1 uuro caw If".9 i I 9 i 1 I I r 27 . I t"tF z 0 r : e p, r J:\ pdocs\rea\maas.r Agenda No, Agmda Item Dale RESOLUTION NO, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANS POR'~"%T ION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. REV. CIV. STAT, art. 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, the City of Denton desires to obtain public transpor- tation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is authorized to execute a Public Transportation Contract, and subsequent amendments, on behalf of the city of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein. i SECTION 11. That this resolution shall become effective { immediately upon its passage and approval, PASSED AND APPROVED this the day of 1995. • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3Y. G/ 't+ _ ti l DENTON oo°~oaoa°~~°oo z 4-1 o co ~ DO oopo r ~ , ~ ~ o00 5 °aaaaoaooo°° CITY O COUNCIL • G) 0 Aplnda No. Agenda It DAs REGULAR SESSION OCTOBER 17, 1995, CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM! Lloyd V. Harrell, City Manager SUBJECT: RESOLUTION AUTHORIZING THE CITY TL PARTICIPATE IN LOCAL GOVERNMENT INVESTMENT COOPERATIVE t 4 f RECOMMENDATION: Staff recommends that the City Council approve a resolution and an interlocal agreement authorizing the City to participate in Local Government Investment Cooperative (LOGIC), a Texas public funds investment cooperative (Attachment A). The Investment Committee recommended Council approval. SUMMARY: The approval of this interlocal agreement would allow staff to invest City funds in LOGIC and to take advantage of the competitive rate that the cooperative offers. Currently, Texpool is the only municipal investment pool in which the City is authorized to invest. The addition of LOGIC to our list of approved brokers/dealers will provide us an alternative investment vehicle for short-term instruments in addition to Texpool. It will also enhance our effort to maintain a liquid and diversified portfolio. Attachment B rprovides a comparison of "net interest rate" between LOGIC and Ten Pool from April 1, to September 11, 1995. BACKGROUND: F. unded in May 19940 LOGIC hay: become one of the leading local government investment cooperative in Texas. The cooperative is organized and managed in conformity with the Interlocal Cooperative • Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2256 of the Texas Government Code. Those two acts allow government entities to invest their fuadc in Texam local government investment pools such as LOGIC and Texpool. More than fifty (50) public entities and municipalities currently participate in LOGIC (see Attachment C). fS The Investment objectives of LOGIC are a) safety of principal, b) • • liquidity and c) high rate of return on investment. The cooperative "seeks to maintain a stable net asset value of $1.00 i • • AW1 No. 41nda nom Resolution Authorizing Investment In LOGIC M October 17, 1995 Page 2 of 2 per unit to preserve the principal of all participants." We find these objectives to be in conformity with the City's investment objectives. LOGIC's Information Statement and Investment Policies are contained in attachments D and E, respectively. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Any department with investable funds will be affected by this recommendation. FISCAL IMPACT: There Is no fiscal cost associated with the approval of this resolution and interlocal government agreement. RESPECTFULLY SUBMITTED: Lloyd V. Harrell City Manager Prepared by: i Harlan L. Je n Director of, al Operations Approved b : F t ose Executive Director of Finance Attachments e ai WpSl Woo o \c wclI\palcy95o • • .:i c - 1 Jt }}Y~ E 0 ~r , ~~tiZl una ~a~}}+ • - Awl 40, Agendl him M ATTACHXM A - Resolution - Interloaal Agreement - Additional party Agreement • t ~ , 1 s t n,~ r ~ ) f p ~ s 4 0 • A7\000P.AB AQlndi No. Apend. Item t Oat RESOLUTION NO. A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERA- TIVE (THE "COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE; APPROVING INVESTMENT POLICIES OF THE COOPERATIVE) APPOINTING AUTHORIZED REPRESENTATIVES; DESIGNATING INVESTMENT OFFICERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooporation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act-"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; WHEREAS, the Interlocal Act permits the parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes entities to invest their funds and funds under their control through an eligible investment pool; WHEREAS, the City of Denton desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is attached hereto and incorporated herein by reference, and to become a • participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); WHEREAS, the City is a Government Entity as defined in the ' Agreement; and WHEREAS, the City desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), • • which shall be an administrative agency created ender the Interloc-• al Act; and • c~ • t; Aplndi !!0. Ap rWa IUm DW WHEREAS, the City desires to designate the Board as its agency and instrumentality with authority to supervise performance of the 1,grewnent, employ personnel and engage in other administrative a-' ' > -3 and provide other administrative services necessary to cce A . :he terms of the Agreement; '~,eREAS, each capitalized term used in this Resolution and not otnerwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE; i. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is authorized to execute the Agreement and the Agreement is hereby approved and adopted and, upon execution thereof by the Mayor and receipt of the City's application to join the cooperative by the Administrator, the. Government Entity shall become a participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with terms of the Agreement. SECTION II._ That the Board is hereby designated as an agency and instrumentality of the City, and the Board shall have the authority to supervise performance of the Agreement and the Cooperative, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. S_ C11ON III. That the investment policies of the Cooperative, as set forth in the document entitled investment Policies, as summarized in the Information statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the City with respect to money invested in the Cooperative, and any existing investment policies of the City in conflict therewith shall not apply to investments in the Coopera- tive. SECTION IV. That the following officers, officials or employees of the City are hereby designated as "Authorized • Representatives" within the meaning of the Agreement, with full power and authority for execute an application to join the Cooperative and. any other documents required to become a Partici- pant; deposit money to and withdraw money from the City~s Coopera- tive account from time to time in accordance with the Agreement and the information statement; and take all other actions deemed necessary or appropriate for the investment of funds of the City. i • Signature: 4 Printed Name: Kathy L. Du Dose ? Title; Executive Director of Finance • 0 r Agende Na Agenda ttem Date Signature: Printed Namet Harlan L. Jefferson Title: Director of Fiscal Operations Signature: Printed Name: Title: In accordance with cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. SECTION V. That in addition to the foregoing Authorized Ropresentatives, each Investment officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the City and, as such, shall have responsi- bility for investing the share of Cooperative assets representing funds of the City. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the city for purposes of holding the share of Cooperative assets representing funds of the City. SECTION Vil That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , ].995, • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY BY: • A i A~ Np. App Wn Ow APPROVED AS TO LEGAL FORMI HERBERT L. PROUTY, CITY ATTORNEY t i • t~ 1l t t { 6 1N5 • ~ ~ ` ~ 1~v1v'~~~1 (t_r13r4i lri ..Y~~~'V('~y~~w~~YP~#~~t~~~L.7 • Q • Apends Na. n Apsnds Item Date i Cnlerlocal Agreement THIS INT'ERLOCAL AOREEMHNf (together with any Ameodments sod supplements, referred to err this 'A81ee10e411 dated is of April 4, 1991 is made and entered into by sad anooj eacb of those toy(romm, "ad" lnitislly "nattlaS this Ajteemeol and say other towmment 0CWtY that is elljible sod becomes a party buew (owlectively, the 'Particip"M*), WHEREAS, the Warlocal Coopwulat Ad, Chapter 791 of the Tom Oovrnmeot Coda, r amended (tha 'Intseical Ad% permits any 'JoW iovanmett' to cootnuct with one of more other 'load governowts' b perform 'tovrommaW knotloos and wvioss,' Induditt iavesfmsnt of puNio (tech (era VA phrawn am derinad in the And); WHEREAS, the Lnterioeal Act authar;tes the onttrsctitti pwtM b eny iatetloal sjromatt so coshed with a jmoJts of the Stage of Taw, within the meaaiot of raptor 771 of do Oovraawot Code; WHEREAS, the latrlocal Ad permits the coatraotioj putiss to any Ittarloal esmossot to create " admlolstratlw 280MY to mtpssvW this Pafcrmanoe of 04 intsrloal sjrse ow and to employ prsoooel sad a Wr is other admitiadatlve adivides and pervide other Wmialetndve urvicss amoesary to "auto the terms of such Interlace gnecient; WHEREAS, the PtbLk Puads Investment Act, Chapter 2356 of the Teau Oowtament Code, as ameadad (tbe 'PFIA') authorizes the eotitim described in Subsection (a) of the PFLA to loves their Nods in en eligible public funds Invastment pool; WHEREAS, WA of the Partklpants qualifies as it pvermmnt eatity under this A;tesmett; WHEREAS, the P"cipents desire to establish and m slmala a pubUo hinds lnvedomW pool for die Purpose of pachat their loaf foods for jaot Io"Aamea In accedence With the lataionl Art and PFIA and the true hereof and providkj aaistaooe to a" other oo lovestmmt alternatives and an other issues of cocoas io the Particiwts; WHEREAS, the Participants desire that the Public funds lovabnew pool be entitled Loal Oovoranwo lnvsetmmt Coopsrwlivo (the 'Cwpralive') and the Cooperative be musged and operated by a board ` of directors, whkh shell be an admdal*%hve atency created under this latarloa{ Act; WHEREAS, esch of the Pudalpaots has duly taken a!1 official action asomoory sod appropriate b become a pity to this A jreemest, induditj the sdopiktn of s resolusioa; NOW, THEREFORE, is conelderatioo of the premlw and the twtual covssatts sad a=wsmeob ooaaioed haela, the Participants maptslly ague as Mawu • AR77C LE I Drfinidow and Rules of Conatrsntkn Stcd 1.01. DdWfloat, Except u otherwise provided in this Ajreemmt, the apitailrad Was Wed herein shall have the followint toecap unless tba catgut otherwise ro aim: • Account • any account esublisbed by a Putkipeat, • • 1"loeal Atram m t r 4? tD Aptrnda Item Pats - J Additional Party Agrsromett - a documrat substantially in the form attached hereto as as AppendU which, when attached to a copy of this Agreement and executed by as Authorized Represent"ve of a Oovermme0l Entity, coostituks a valid and binding couaterW of this Agreement sad resuitt is the Government Entity becoating a party to this Agr'eemeol. p AtIVIrio{ekator - 7U Trust Company of Texas, or any other person, farm or organizatioo approved ` by the Board sad under contract to provide administrative asistance in u J Operation of the Cooperative eotloa with the management and I Adviser • The registered investment advisor or advisers eeleded by or at the direction of the Bard "i 4npro" advice regarding investment of Cogxrstive assets pursuant to this Agreement and subject to applicable 1 Aud mixed Investments • those investments which an authorized from time to time to be ttA Purchased, sold and invested in under PFIA or other applicable law cad further defined in the Investment Policies, I Authorized Rear'samlative • as individual authorized to execute documents and inks other mammy actions, purswaw to thL Agnemeal, on behalf of a Covasu mi Extaty of other parson, firm or its orpois as evidenced by a duly adopted taolutiou or bylaw of the governing body'of such Government Eati or other person, firm or oresaindoo, a m-tified copy of which is on We with the Administrator. In the sue of s (government Entity that is a combination of political subdivitions under the Act, the Authorized Repramtativn of any administrative agency appointed by such combiostion of political subdivisions shad be deemed to be Authorirad Representatives for such Government Entities. Board • the governing body of the Cooperative, known as The Board of DireMOrs of Local Government Investment Coopersliva e: Bylaws - with rarpect to the initial Participants, the proposed bylaws of the Board presented to them, sad after creation of the Board, its bylaws, as the same nay be amended from bane to time, subject to the s requUtO mta of this Agmamral. Cooperative - the public funds investment cooperative created pummot to this Agreement. IiA 1 Cudodiaa - the person selected by or at the direction of the Board to have custody of all money, : tf iavest-b and other asett of the Cooperalive purnuot to We Agreement and subject to applicable law. Caaeai btaosga' • Southwest Securities Group, Inc,, or any other person, farm or organization , which has contracted with the Board toi provide general mansisment services to the Board. ` GovemamM Feutity - a toad g ,"ma mt of the state of Teaaa, as dell In the Interiocal A~ + rf or a mate agency, as defined in Section 77IM2 of the Government Code, including bw not limited to as iacorporated city or town, a oouoly, a pubho school district, a district or authority crested under aft. III, Section 52(bxl) or (2) of the Tens Constitution, or art. XVI, Section 59 of the Texas Constitution, m inatitutl00 of higher education s defiosd by Section 61.003 of the Educs4on Code, a hospital district, or a fresh water supply district. Information Statement - the information statement or an other d Uo toted P"Cipsota and potantll Particl y ocum endistrib to M1 Pinta to provide them with a description of the management and operstiom of the r ~ the Cooperative, ere the same may be amevdrd from time to time, subject to the requirements of We Agreement. u LL' } tanerlocal Ji Aeram at g• ~ D • • Y F AWds Ni M } AWAA Ito interlocal Act - the laterlocal Cooperation Act, Chapter 791 of the Taxes 0overomeot Code, u dw rune may be amended From time to time, Inirtsbment Officer - one or m rs officers or employees of the Baud designated u investment of wars by the Board, lnvsdms l PoUeJu - the written Investa>ant Pollcire adopted and approved by the Board govuoinl tnvashmant and mamapmew of Cooperative arw of different Portfolios, as the same may be amended fray tiros so time, =bJect to the requirements of this AlrauneaL I "Marketing ReprematadW - Broker Transaction Services, Inc, or soy other Person, Arm or crpsindoa authorized by the Board to prom w the Cooperative, E PartidPanls - the Oovernm ew Entities that an the initial Parties to this Agreement sad tbs !1 0ovwamaot BnAtim which subsequently brooms parties to this Agreement, PPTA - the Public Funds lavessmamt AN. Chapter 2236, Tax" Oovuam w gods, u *a arena may be amended from time to time. PoWalla - a Portfolio of now in the Cooperative which are held separwe, from other waste of the t'.oopmetive and which are invested with a defined investment objective which may to diA4reat from other for&Uos in the Cooperative, and in which a Participant may elect to loved its funds, State - the Stara of Texas. [Jain - eytul proportionate units of undivided bwefkW interest in the as" of the Cooperative ` qr of any Portfolio of the Cooperative from time to time, including fractions of units u well as wbols units. 1I Secdon 1.02 Gamut Rules of Construction. M (a) Whenever in this Agreement the watt requires: (1) s »fwwm to the singular number shall Include the plural and via versa; and (2) a word denoting leader shall be construed to include the m umlLae, feminine, and neuter, (b) The Was given to my aRlde or section of this A III greemmt are, for eomvenlauce only send are ~At intended to modify tbs ssticle or section, ART7CLZ 11 Caution of the Cooperadre; Purpose and Objectire Section 2.01. creation a &0 SOAK y (a) The iWLW McIpaote hereby agree to jointly lavat their farads In a pubUa funds + invedmmt pool, to be known as Lmal Ooveroment lavestmeed Cooperative (the 'Cooperative') and to crate and establish a board of directors of the Cooperative (the tr 'Board'), u an administrative agency pursuant to the totedocal Act, to supervise the s, ® Cooperative. ' * • it I btarlesN 4mewent 3- 0 Apr* MA Apanda t1n Ocala r t I (b) 7te Participants delegate to the Cooperative through its Board, the authority to hold legal title to and manage all money, investmr4s Lod other assess transferred to or acquired by the Cooperative pursuant to the Interlocal Act Lad Ws Agreement, t (c) As an agency and instrumentdlty of the participants, the Bard shall have the Authority to ear; lay personnel, enpge in other admialstradvs activities and provide other admini"ve services necessary to accomplish the purpose of this Agreement. i. SsWoo 2,02. Purpose and Objective. (a) no first Purpose of the Cooperative is to provide tloverament Entities with a variety of jl~ investment vehicles to beat suit their investment rusts, with each Portfolio Wand to meet a specific investment need. (b) 71he second purpose of the Cooperative is to provide Government rmdtlas with a forum for discussion of, sod to provide educadon moceraing, investments and other lams of R I coons in publio finsaee, In all ass, however, the Cooperative will have the following 7 Investment objectives in order of priority: safety of principal, liquidity in aooordanoo q with the operating requimm nts of the Psrtleipanut and thavilhaw rate of return. (c) In order to accomplish the Cooperative's objective, each Pardcl P'&w at'res that the money transferred to a Portfolio within the Cooperstiva will be commWagled with other money transferred to the Portfolio by other Participants for the purpose of raking a Authorized Investments, subject to the terms of Ws Agreement, the lavedmml policies And applicable law, thereby tsklttg advantage of investment apporumitesand cost beasfits available to larger investors. A nCIB M Cooperatlre Admlrustretioa SecJoo 3.01. The Board and the Bylaws (a) The business and affairs of the Cooperative shall be managed by the Board s governing body of the Cooperative, (b) The Board is authorized to adopt Bylaws which shall set forth, among other thinim the j! itUdal Board members, the procedures governing the eshWou of the wombs" of do Board, the procedure for holding mouinp, the aloWoa of oftiows, and other non s necessary or desirable for goveroaoca by the Board, sad the right of the Board, do • t7eneral Manages, and other consul tuts to be indemnified for damages arising from chair actions In connection with the Cooperative. By executing this Agreement, the Participial consents to the Bylaws. By maintaining funds in the Cooperatve after any aoeodmml to the Bylaws becomes effective, the participant coaaenu to the Bylaws, an amended 4 The Board has the right to amend any term or provision of the Bylaws, provided that notion is sort to each Participant rt lad 30 days prior to the effective date of any chop which, in the opinion of the Board, is a material cbwp to the Bylaws. I ~4 ~ ►w,►a.l Ageeameaa ~ • 0 ca I AWA* No. AWoU 1114 Section 3,02. Powers and Duties of the Bond. (a) Subject to applicable law and the terms of this Agreement, the Board AW hays full asd complete fewer to talcs all actions, do aU thing and astute ell lopn.mmis as it deems ; + neceeauy or desirable in order to carry out, promots or advanos tbs investment objsctiva, werests and purposes of the cooperative to the esme extent u if the Bond was the 0010 and absolute owner of the Cooperative (b) The Bond " adopt end maintain Investment Policies, ora0i0feol with the ganenl abJMJve of the Cooperative, which 811211 provide more detailed Buidslioes for investment and management of CoopertUva ssssta. By 2aeentiag M Agreement, dw idtid c, Participants rwasent to the proposed Iavedmnol Policies, and the 0uWNuaw Participants consent to t6 Investment PoUCIN than in OWL By MAW4010S fonder in do Cooperative alter any amendment to the Invatmmt Politdes becomes effkdv0, the + Participant has eoosented to the Investmmt P"u, as emended. 7Ae Bard shall, abject to the tams of this Agrnmeat, have the authority to amend any term of providna of tLe InvesttaMI P011CIa, provided that Dodos IS "M 10 each Participant at leaf 30 days prior 4) the effective eAtt of soy change which, in the opirioo of the Bard, wiU have ■ material effect an such Participant's lovestarmt in the Coopmative• (c) 7U Board shall adopt mad maintain oWadog Proeedurss, which shall provide Mort detailed information on the procedures for depositing and withdrawing funs from the Cooperative. By eaeeutihg this Agreement, th-. Initial Participants ooasew to the proposed Open4ng Procedure, and the eubstquant Participants conssat to the Operating Procedures than in efi'eci• By maintaining funds in"Cooperative after soy amsadmeot to the Operating Procedures becomes effective, the Participant has wDeented to tbs Operating Procedures, a amended. 7U Boud shall, subject to the terms of this Agreement, have the authority to amend soy term or provision of the Op.ndng Poosdures prov;dsd that ratite is sect to sash Participant at lad 30 days prior b tbs effective data of any change whicb, in the opinion of the Baud, will hew a ma*W WWA on curb Participant's lovedmew Is the Coopaative, (d) The Board shall designate one or more Invw;,,;nt Of ioen for the Cooperative wbo dull be responsible for the investment of Cooperative walla, provided the no person who is an officer or employee of a regiond planning commission, coundi of governments e dMilar regional Planning agency cresWd purwsct to 0sp4r 391 of the f3ovaDmant Entity Code of the State dull be ellgible to sam es an Invatmeat Officer, (e) The Bond " prepare, or direct the prepaswon of so Iaformstioo Statamsot Ibsl describes how the Cooperstive will oparat0 in aneordanos with the tatm of this Agreement and the investment Policies, Subject to the tame of this Agreement and the investment Politics, the laform01100 Statement may be amended or supplemented, no" • of which will be provided to Participant., in acmrdahce wiffi the disclosure ragWnnftb of PKA, (1) 7be Board shall, subject to the Umituloss edabUdW in the lavedMant PoUeles, hays &H and complete power and authority to appoint a geaerrd Mansga and any other service providers deemed oe vauy or helpful in the operstioo of the Coopersdvs. i t Agr+smest .S. • 0 I 0 e, 0 " 1,4 Agenda fin. IiiIi AOends Item , ti Dats r W The Beard shell provide, througb par review, sominarg, compula mail sypemr, or other maw, information and educational opportunities to Participants on investing and no other issuer in the area of public fw ce. r (h) The Board shall have firU and completer power to use. or direct the use of, Cooperative attwe for the foilowiajpurpDm.' (1) hour and pay any axpenaee wbicb, In Its opinion, an necessary or incidental to or proper for carrying out any of the purposes of this r Agreemmq (2) reimburse others for the payment thereof, (3) PMY appropriaw oompeoaticoot fns b peruses with whom the Cooperatlw bas ooatneted or u trtnu snsactad r~ business; end (4) 1" a Particlpanl's Aoootwt for any special has or expenses related r specifically to transactions in such Account. ,t (i) The Board "bays full power to compromise, arbitrate, or otherwise adjust claims in favor of or agslnu the Cooperative. U7 The Board rhaU caure financial statements to be prepared and taaloglnad for the Cooperative and for such Oatemeutr to be audited annually by sn independent certified public atrountlag firm. (k) The Board may appoint a Con" Manager to perform mawtserW services for the } Cooperstve, provided that the Board shall continue to oversee the operation and management of the Cooperative and shall have the authority to direr the General Manager to take or not Wee specific action on behalf of the Cooperative, 01 Tha enumeration of any rpecifie power or authority bsssin shall Dot be construed as limiting the general power and authority of the Board over the Cooperative. Section 3.43. Liability, (a) Neither the Board, the Investment Officers, nor soy offlcera, employes or board members of any of the forgoing shall be held liable for my action or omiss1w to acs on behalf of the Cooperative or the Participants unless caused by such person's wiUfal misoooduct. The Coopantlve aW Indemnify and hold harmless (either directly or t' through Insurance) any person referred to in this Section, to the extent permitted by law, $ for any and all litigation, claims or other proceedlop, ioctud(ng but w Umlted to reasonable attnmey fees, costs, judgments, aWemant payments and g out g of the management god operation of the, Cooperative, UWsM the Utigaticae,, claim car Odw ' proceeding resulted from the willful mWoodud of uteri parson, (b) Ntitber the General Manager, the Marketing Repaeentative, the Administrator, the Adviser, the Subadviter, the Custodiso, nor their affiliates, of cM, employees or board members shall be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless rich person failed to meet the standard of care required under iu gnmmenl mWIns to tba Coopomdvooreaad with wiUful mLwoodu cL The Cooperative shall iodemni fy, and bold harmless (althea, directly or through inrunaoe) auy pervan referred to in chit Section, to the extent pertained by law, for any and all UtisWon, claims or other proceedings, Including but not Uselted to reasonable attorney .a p fees, costs, judgments, settlement paymMnls and penalties Wiring out of the natugemanl ~ • O NW operaioo of the Cooperative, unless the Utigalion, claim, or other proceod'utg is adjudicated to have resulted from such person's failure to meet the standard of care mgnlred under Its agreement relating to the Cooperative or its willful miecoo wL 3 ties 0 jtnda No, Agends Ittm Date (c) 7be iademalficadon provisions are described In mom detail in the Bylaws. ARTICLE fV S Parddp+tioo in the Cooper%dre 4 Slim 4.01. 121gibWty. In order for a Clovernmeol Entity to become a Putlcipr,at and U#mfer ~yy 18b the Cooperative, oath of the following conditions must be atisfied: (6) 7be t3ovmnmmt Entity must S&P' a raolutia (1) uathoriniAt It to become a Participeat } 1 approvlag this Agreement, (2) establishing the Board as an Lyency and instramentatity of the Participant to wpervix lye Coopuayve, (3) apprwwing lye invedmeot policies of the CoopeMve (u amawied from time to time by the Baud) anti ' directiot that soy ccnflicting local invastm W poikies shall not apply to Cooperrwya investments of the Participant, (4) doolgnating Autborited Rsp=WjWves of the Pardao=4 (5) dssigustlaS the lavatment offioses appolatad from time to dam by tba Boud u the Participant's Investment often who"be respcaaibls for Investing the sbare of Cooperative aaaa tepremating lust funds of the Paeticlprmt, and (6) daiguatiq the depositary and Cu"iaa appolated from dme'to time by the Board u the Qoveromeal Entity's depository and custodim for purposes of bolding the ahan of ? Cooperative 688618 represealing foods of the OovanmeW Entity, and (b) 71i Oovarnment Entity must becoms a Party W this Agnemad by exacatiag an 1 Addrtioaal Putt' Agreement and delivering the same to the Coopenyve, WSedw with ■ oentlfied copy of the resolution referral W in submttion (a) of dLU Soct(on, e VpUation in form ad substanoe atisfaetory to the Boned, and such other Information a may be required by the Board, (c) No entity except a Ooverumeat Entity may be it Participant. The Bard shall have sole discretion to deksmiae whether a Oovernm rat Entity is eligiblo under Teass law to be a Participant and to daigoata categories of Oovarnnmt Endtia ellgibis to be Participants in any Portfolio of the Cooperadva. Sactloa 4.02. Partidpant Accounts. (a) While avallable loaf funds of ParticiPao18 may be commingled for purpoesa of eommm investment and oper&UoW efficlemy, one or mom separate Aooouou for aach Par"put in each Portfolio in the Cooperative designated by the Participaa will be established in aawrdsace with the Participant's APPiiradoa to join lye CooPuedw sad mda4in id by the Cooperative. • (b) Eaeb Partici Pant shall own as undivided beneficial intrne is the aesets to the Portfolio in which it invests, calculated as describe! In the Investment Polldes. } (c) The Participant agrees that all CooperWva fees shdt be directly and automatically ssmssed and charged agaia'i the Pudciput's Account, Tye bade services fee shall be calculated AS a reduction is the daily I== arned sad osdy the net iacoms shall be e credited W the PartWpaal's Account, Per fors 4KW mvioss shall be Obarged to aaob ~ >t Participant's Account AS they are incurred or performed. Use, of COOpSrWvG fen &*11 be made from arteal revenues available W the Pardeiput ,well for 18tirteW Atewaua -7. ~r O p I 4~ 0 Agenda Na Agenda Item I Date. - L 4 Y ~F Socu" 4.0.1. Reports. The Coopaauve shall submit a written tepott a lead coo per annah to each I,"cipaat. Soch report will ladic+ta (1) the balsoce in Deb Account of a P"cipmt as of the dole of such repoA, (2) yield information, (J) ell aouwat activ ty mace the previous report, and (4) other informat{on requlrsd 1 ban PFIA. f sedioa 1.4I. TermEa.aan. f, (s) A Partielpml may witbdaw all Node from an Account in serordac" with the Ioveahml PoUcia and Operating Ptooadtuea. A Parucipanl may oear to be a Paruclprl under v IWs Agroemml, with or witbout cause, by prodding written Douce to uN Coowwve at last 10 days prior to mob tarminatioa, ? (b) Ttre Board may tarmWO it Participant's paAicipatioo (a this Agreement upos at kaa13G days Douce if T"m law changes so thee wry Participant Is no looSw mOtkd to join in an eUgible pubUo hinds lavedm nt pool under PFIA, the Intertoeal Ad, M other appUCable kw, (e) Upon the vole of a majority of its fuU membership, the Board may order the lermisadon d of this Agreement by dirwunt dud ail outdandlnt opermiag iupessa of tbo Cooperative be paid sod am fining stases of the Cooperative be distributed to PaAkipants in wcordsora with their respective pro rata inie gists, ARTICLE Y Coopsratire Asada Sadioo 5.01. Cooperadit Invedzutmts. Cooperative assets shall be ioveded and reiavutad by doe Cooperative only is AuchoriaWd Invedmmis is accordance with the lnvedmemt Pouch, 1 1 SfttiaD 5.02. Custody, AU money, InvatmenLo and asaw of the Cooperative ahaU be beW in do posserino of the Clutodim. ARTICLE VI ' 1 Miscoa sous won 5,01. Sevembility. (a) If any provision of this Agreeanmt abaU be bold or deemed to be Ulesal, iswpaesuw or uoeoforcable, the Yme shall not affect my other provisions costsised hwstin or randsr • the am invaud, inope alive or unenforceable to any "lent whatsoever, vy (b) Any parueipauoo in this Agreement or trasder of asoete to the Cooperseivs that is not qu&Lfied for any reason skull sot terminate this Agreement or the paMelpatlon of other P+Ncipsnu or otbwwiw adversely affect the Cooperatve. Sadka A,02, I3mJWW of Rights, TWs Agreement don cot crate any riShq titre or 6ben t r ' ® y Pia olhar than the ParuelPants and any parson who has a couumt to provide service to tbs • O rA 24"4 to cr to bar ImpUed from this Agreement Coopar any Mp1 or O""bie ri is iDkDded or ahaU be construed to give any other pnrrm any 944 romeay or claim under this Atruemmt, it . i Irwhaet Aye1~r •g, t Q , } p • i Apgnda IOMu Deb "4 7E Sadm i,03, Fsandian of Cowwpnrta, This Aseoeumal my be awuW to mva sl agparaN oaragrparle, helw* by Additional FartY Aframat, sub of which shad be a wifial and au of wbkh abatl omatlma am ad tb ams iawttgaaot S"m C" Applk" Law, This Apngmat " be fovrwd by and ocdnrd In seowdma with tb laws of & Slats. Sacdou 6.05. T m. Ibis Apasmeet rball haw m idkl term bRimisp wia tb affal1w data W fw* below mad a wHq Mud 11,1995 and shall be atroomadoaily muwd for am year as wtb data god seam mnivenry of " dsa, adapt with rayed to ay Gowromat B"IY that may bore heminalad iaalf as a ►aRioipr of a m othrwiag providd in Ssctloo 4.0$. Satfion i.0ti. Nodom Any mocks or other iafwmmim nquind at peruuw a be Swan barw+ndar abaB be emq (e) a tb Caoparat vs w at forth fa the fafamatlm JtaeemaW, ad (b) a e ag m forth ie id appliadm to bseoma a pwddpaot or na talhwwier peovidd by writhe motim Administrator. Swim 6.07. ED** A;raamatl Anml*nwta, We A=teemeot apmae s do ado qmg mt ad rndrmandia f of Iba Puticlpata 1bk A fewmmt ary 1y amadd wi tb the appdv+l of n ur~witY of Ihn !WI mambaaiip of the Bond, pmvidd that noting of any avcl. amrdmat is gat a All Patlcipab gt treat 6Q dayr prior b tb dfadw date tbersor. IN W[SNFM WHEREOF the ioilial pa" beMo haw m"W this Ajreamat to be eta dad pat BeAd Cirrty Nsma of Govan et Entity By. _ hd Kathy Autborisd Reprwohdve j i NAtbv Know, County TMMM- priotd Name ad Title city of WWI' 11 U Name of clowruorrt Entity Byl • Awho Rep eem"w IlIDBgrzinm, C'ty Masser Printed Num ad TW "Clusi A•.emsat J 1 • ea 0 m A➢anda No. Additlonai Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Agreement to which this page is attached, and thereby become a Pardedpant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreemwnt. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. Executed this day of , 19". APPROVED AS TO LEGAL FORM; HERRERT L, PROUTY, CITY ATTORNEY Name of Government Entity BY: BY: Authorized Represeuitatlve Primal Name and 71de ACCEPI•E.D: Local Government Investment Cooperative Hy: LOGIC Administrator i Printed Name and Title • • • lotunoeal Atrismed •10. AW N1 Ap1OU NO DIN ATTACHMENT B Net Investment Rate I A . s i i lr • • ATTACHMENT LOGIC -vs- TexPool Net Investment Rate { r 6.40°,6 L~ 6,20% - LOGIC a ~ 6.00% w +TexPool a' 5.80% ti D 5.60% ---lullllllLIWIJ1i1uiiniuii111,11 iuinuni1ll1t1uut ininulll111111111+iiininiiui~uini~i~~inn~ 01-Apr-95 01-May-95 31-May-95 30-Jun-95 30-Jul95 Date r' • ~s ATTACHN NT ~4p# q LOGIC -vs- TexPool Net Investment Rate 6.20% - - - - , ii , t LOGIC's net investment rate Is higher than TexPoors 97,5% 1 of the time since the inception of LOGIC, 6.00% t: a - LOGiC ~ TexPool i II • 5,80% 5.60% .__ill1L1U11111U11.11111111 1 LJ1f.11LL1IUUU 11L L W l u11 01-Jul-95 19-Jul-95 06-Aug-95 24-Aug-95 11-Sep-95 Date ~ ' y 4rf~r.,y 7 i~tj3'.e 47 0 I ADW4 Ak ATTACHKINT C List of Participating Cities 1 • I r ,t l 1 1 1 1 I 1 1 .1 1 i ROert Dib Supe300 Telephone: 8004 fid.OG IC (800.899'6442) LOGIC ra : 2t4•s22.r66 Local Government Investment Cooperative Ailef I.S.D. Denco Area 9.1-1 District AdIngton I.S.D, Duncpnville I.S.D. Austin LS.D. Everman I.S.D. Bexor Metro. Water Dist. Fort Bend Co. Clerk Burleson I.S.D. Fort Send County Burnet County Fort Worth LS. D. Caldwell County Frisco 1.8,0, City of Arlington Grapevine-Colleyvlile I,S.D. City of Carrollton Hood County City of Cedar Hill Hunst-Euless-Bedford I.S.D. City of Clebume Keller I.S.D. City of Dalhart Le Porte I.S,D. City of Euless Lake Dallas I,S.D, City of Garland Leander I.S.D. City of Greenville Llano I.S.D. City of Huntsville Midwostem State University City of Keene N. Central Tx. Council of Governments City of La Marque Northeast I.S.D, City of La Porte Northskfe LS.D, City of Luling Pasadena I.S.D. City of Midland Rome 1,S.D. City of Rockwall Seguln I.S.D. City of Temple Tarrant Co. WCID 01 City of University Park Town of Highland Park Clty of Wchits Falls Walnut Creek Spec. UtlL Dist l City of Wylie Clay County Collin County Crosby I.S.D. Cypress-Fairbanks l.S.D. The following participants have approved LOGIC as an investment alternative. Highland Park I.S.D. • 1 • • 1 1 I Ianaged by Soulhursl Seairltk_i Gronp, Inc. I, \ 11 " 1 1 k~. _ r Ir 1 i 1( S v r a .r! . ~ ( ( I ~ C \ rrl ih C>48yenv c~ Ffsijl,l~ ay~ `~(y1 r ~r11 } v 1 ,~~t ~,(f~,y~tr :y`i~It 1P~n(p~fv~~`S K~tl"~ /,`L~.4}-}`♦ i • W • 10'11/85 11:27 x211 $22 7067 TRUST CO' TEXAS Lin 002/521 Agenda No. Agenda 0m Date....,. Addltlooal PArty Agrtearment The Govemmeat Entity of the Stale of Tests named below, acting by and through } the undersigned Authorized Rq=Mtaave, hereby agrees to batiome a party 0 that crrptln lawioesl Apaemmt to which this past Is attaeded, and thereby become a Participant is the t ' Loral Gavanatau 1nvelSr =t Coopantdve, subject 10 W of the odms and praMons of such ASro= of The undersigned hereby apm eats that it is a Covemment Entity as detSaed in such ~ L Eyteeuted this day of APPROVED AS TO LEGAL FORM; HERBERT L, PROUTY, CITY ATTORNEY Name of Qovemment Entity 5Y;~A's ay. Authorized Reprtsenative e Printed Name and Title ACCEPM: Lod Gavanment Invest Coopmadve LOGIC AdmtWw=r Corrine L. Steeger, Vice Cresident Printed Name and Tit]e s AWA NO, APO naa _r.._.r o~ A4TACwatM D i Information Statement 1 • ca ~o~nd, No. ApaM~ Iran LOCAL GOVERNMENT INVESTMENT COOPERATIVE a Texas public funds investment pool INFORMATION STATEMENT DATED SEPTEMBER 1, 1996 • 391589,02 i • Agenda No. Agenda 110M Dlte TABLE OF CO ENTS INTRODUCTION 1 ORGANIZATION 2 LIQUID ASSET PORTFOLIO 2 ANALYSIS OF THE PORTFOLIO 5 1 ki RATINGS 7 ELIGIBILITY TO INVEST 7 ADMINISTRATION OF THE COOPERATIVE . 7 LIABILITY LIMITATIONS 10 PORTFOLIO TRANSACTIONS 16 OPERATING EXPENSES 11 ANNUAL AUDIT 11 PARTICIPATING IN THE COOPERATIVE 11 WITHDRAWALS 13 PARTICIPANT FEES AND EXPENSES 13 REPORTS TO THE PARTICIPANTS . . 13 AMENDMENT OF COOPERATIVE DOCUMENTS 13 GLOSSARY 14 No person or entity has been authorized to give any Information or to make any representations other than those contained in this Information Statement, and, if given or made, such information or representations must not be rellad upon as having both authorized by LWIC, its Board of Directors, the Investment ♦ Adviser, the Administrator, or any agent of LOGIC, I f 391589.02 I s I • Agenda No, ADWA Itfm Jj9$QnUMON Local Government Investment Cooperative ("LOGIC" or the "Cooperative") has been organized In conformity with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2266 of the Texas Government Code, Together, they allow certain local governments and state agencies of the State of Texas (each a "Governmental Entity") to jointly invest their funds in permitted investments, The Cooperative's governingbody is a five-member Board of Directors comprised of three government officials or employees and two other persons with expertise in public finance representing the general manager of the Cooperative. The Cooperative will offer various investment alternatives for Texas Governmental Entities, Initially, the Cooperative will offer the "Liquid Asset Portfolio", Investment Q! jectives. The Cooperative will invest only In authorized investments under the Public Funds Investment Act, Its general investment objectives are safety of principal, liquidity in accordance with the operating requirements of the pr.rticipants, and a high rate of return. Initially, the Cooperative will offer the "Liquid Asset" Portfolio. Ratine, In order to comply with the Public Funds Investment Act, all portfolios will maintain a AAA or equivalent rating from at least one nationally recognized rating agency, The Liquid Asset Portfolio is currently rated "AAA\V•1+" by Fitch Investors Service, Inc. No Sales Commissions or Investment Minimum. There is no investment minimum and no sales charge. e its, Witbdrawals, pad Dividends. Deposits may be made by check, ACH or wire transfer. Withdrawal requests will he by telephone request or by computer modem and will be made by ACH or wire transfer, Investment Manseement. The Portfolios will be managed by Patterson & Associates, Austin, Texas, Administrator, Day to day administration of the Cooperative will be performed by SW Capital Corporation, Dallas, Texas, a member of Southwest Securities Group, Inc, Further Information Further Information Is available from LOGIC, 7002 Preston Road, Suite 300, Dallas, Texas 76206, telephone 1.800-TX-LOGIC (896.6442), telecopy/fax (214) 622.7667, Certain terms used in this Information Statement are found in • the Glossary attacEod to the Information Statement, This Information Statement provides detailed Information about the Cooperative and its policies. Please read it carefully and retain it for future reference. • ~ si • A .1- 39t"9.02 0 c> Aoenda No. Aoenda fttm fOate QRGANIZATION F The Cooperative has been established pursuantto an Interlocal Agreement (the "Interlocal Agreement") between participating Governmental Entities, Participation in the Cooperative Is limited to those eligible Governmental Entities which have become parties to the Interlocal Agreement ("Participants"). ; Participants' assets in the Cooperative are represented by units of beneficial interest ("Units"), which are Issued in discrete series (each a "Portfolio"), as authorized from time to time by the Board of Directors of the Cooperative. Assets invested in any Portfolio will be managed separately, and segregated from, the assets F of every other Portfolio, s Assets in each Portfolio will be invested in accordance with such investment objectives, limitations and other policies established for that Portfolio by the Board of Directors. The complete Investment Policies adopted by the Board of Directors, from :i time to time, are summarized in this Information Statement. Any Participant may obtain a copy of such Investment Policies from the Administrator. The Board of Directors has authorized one Portfolio of the Cooperative at the present time: the "Liquid Asset Portfolio". The investment policies and strategy with respect to that Portfolio are summarized below. Following the summary is an analysis of the Portfolio which each Government Entity should review to determine if the Portfolio meets its needs, LIQUID ASSET PORTFOLIO Investment_04fectives and Step effigy. The investment objectives of the Portfolio are to seek preservation of principal, liquidity, and current income through investment exclusively in a diversified portfolio of short-term marketable securities which are obligations of the U.S., its agencies and instrumentalities, and repurchase agreements secured by such obligations. The effective weighted average maturity of the Portfolio cann.,t exceed 60 days, The Liquid Asset Portfolio seeks to maintain a net asset value of $1.00 and is designed to be used for investment of funds which may be needed at any time. In accordance with the objectives of the Portfolio, th° strategy employed will include active management but only with the highest cred mality and liquid securities. The securities authorized for the Portfolio are of the ;heat quality and liquidity and therefore represent excellent marketability should R ..ration be required for portfolio management or withdrawal purposes. 0 2 391689,02 0 0 • • Agenda No. - Agendt ltem M Investment Policies, The Liquid Asset Portfolio will have the following investment policies; 1. The Liquid Asset Portfolio will invest in the following securities: a. Obligations of the United States or Its agencies and instrumentalities with a maximum maturity of 13 months; x b. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States with a maximum maturity of 13 months; and c. Fully collateralized repurchase agreements with a defined termination date not to exceed 13 months, secured by obligations of the United States or its agencies and instrumentalities, or other obligations on which the principal and interest are unconditionally guaranteed or insured by the United States. The Portfolio may also invest hinds it receives too late to invest otherwise in SEC registered money market funds authorized by the Public Funds Investment Act, 2. The Liquid Asset Portfolio will not Invest In U.S. Government securities representing ownership in mortgage pools or collateralized mortgage obligations. The Liquid Asset Portfolio will not invest in banker's acceptances or commercial paper. Ii 3. The Liquid Asset Portfolio will seek to maintain a stable net asset value of $1.00 per Unit to preserve the principal of all Participants. 4. The weighted average maturity of the Liquid Asset Portfolio will not exceed 60 days and no investment will have a stated remaining maturity of greater than 13 months. b. Withdrawals from the Portfolio may be made on any business day with deadlines and provisions as more fully described in the Operating Policies, ti. To provide additional liquidity, incremental income, or 9nhanced • yield, the Portfolio may engage in reverse repurchase agreementa with reinvestment of proceeds limited to the term of the reverse repurchase agreement, which shell in no event exceed 90 days. 9. The Portfolio may not borrow money or incur indebtedness, except that It may incur and pay operating expenses, .3. 391689.02 • O • c, 0 Agenda ND. Agenda Item oats 8, The Portfolio may not lend its money, except to the extent that the Portfolio may make authorized investments and it may lend its securities pursuant to a reverse repurchase agreement, 9. Repurchase agreements are required to be collateralized by obligations of the United States or its agencies or instrumentalities, or other obligations on which the principal and interest are unconditionally guaranteed f or insured by the United States. Such collateral is required to be held by an 3,1 independent third party selected and approved by the Cooperative. The market , value of such collateral is required to be at least 100 percent of the principal for an agreement with e< term of one business day or less and at least 102% of the principal and accrued interest for an agreement with a term of more than one business day, The market value of such collateral will be determined (marked to market) at. least daily. Repurchase agreements must be placed through a primary government securities dealer or a financial institution doing business in the State of Texas whose creditworthiness has been reviewed and found satisfactory. All repurchase agreements will be documented through use of the Master Repurchase Agreement promulgated by the Public Securities Association, 10. The Portfolio will engage in portfolio trading in an attempt to maximize the total return ou assets. 11, In order to provide and emphasize diversification within the Portfolio, the following limitations will be followed, a. No more than 76% of the Portfolio may be in U.S. Treasury bills, notes or bonds; b. No more than 50% of the Portfolio may be in U,S, agency or instrumentality obligations, c. No more than 20/0 of the Portfolio may be in any one U,S. agency or instrumentality obligation; and z d, 1005 of the Portfolio may be in repurchase agreements for liquidity purposes. 12. Diversification of repurchase agreement counterparties will be emphasized, A maximum of 36% of total assets may be invested in repurchase agreements with second tier credit counterparties (as defined by the rating r. J agency or agencies rating the Portfolio), How Yields and I1et Asset Value Are Determined in thQ Liguid Asst, Portfolio, The net interest income of the Portfolio is determined each business day, and • consists of (i) the sum of (a) interest accrued, (b) discount earned (Including both ! original issue and market discount), and (c) realized capital gains (amortized over a. 30-day period) less (li) the sum of (a) amortization of premium, (b) the estimated .q. 3916841.02 r p • • Aoinda OD, Ap Na Ilrm f Dan expenses of the Portfolio applicable to that distribution period, and (c) realized capital losses (amortized over a 30-day period). All net income of the Portfolio so determined is declared as earnings to Participants each day. Earnings accrue throughout the E month and are distributed on the first business day of the following month, at which time they are reinvested as additional Units at the current not asset value (expected to be $1.00), unless the Participant has elected to have them paid out. If the entire balance in an account Is withdrawn during the month, the accrued distributions will be 1 paid on or before the first business day of the following month, The net asset value per Unit of the Portfolio is calculated each business day by adding the amortized book value of all Portfolio securities and other assets, deducting accrued expenses and arrearages, and dividing by the number of Units outstanding. The result of this computation will be rounded to the nearest whole cent. As previously noted, it is the Intention of the Portfolio to maintain a net asset value of $1.00. The Portfolio assets are book valued on the basis of the amortized cost valuation technique, This involves valuing an instrument at its cost and thereafter assuming a constant amortization to maturity of premium or accretion of discount, regardless of the impact of fluctuating interest rates on the market value of the instrument. While this method provides certainty of valuation, it may result in periods during which value, as determined by amortized cost, is higher or lower than the price the Portfolio would receive if it sold the instrument. The Portfolio has established policies to stabilize, to the extent reasonably possible, the net asset value at $1.00, The Administrator is required to monitor and maintain the net asset value between 99.65 cents and 100.35 cents. Same day action, Including sale of instruments prior to maturity, is required by the Administrator to maintain the net asset value within the permitted ban. Although the Portfolio values its instruments on the basis of their amortized cost, certain occasions may arise on which the Portfolio sells some Portfolio holdings prior to maturity. The proceeds realized by such a sale may be higher or lower than the original cost, thus resulting in a capital gain or loss, Sing and Performance History. The Portfolio size and performance history are available as a supplement to this Information Statement. 1 ANALL ]S OF THE PORTFOLIO Each Participant must determine the amount of credit risk and interest • rate risk that it wishes to take. Then it can determine whether the Portfolio offered by the Cooperative is appropriate for specific funds. The Liquid Asset Portfolio by itself does not represent a fully-balanced investment plan, To analyze any investment, an investor must investigate two types of risk; credit risk and interest rate risk. ' Credit Risk, Credit risk is the possibility that the issuer of a bond or other security will fail to make timely payments of interest or principal. Generally, the 5 391589.02 • e O M ra Agenda No. Agenda N¢m ooa ?z greater credit risk, the higher the yield, all other factors being equal, Direc Treasury obligations are generally considered to have the lowest principal risk among securities. The Liquid Asset Portfolio will invest in obligations of the U.S,, its agencies and instrumentalities, and other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the U.S. 'rite credit risk associated with investments in direct obligations of the U.S. Is extremely low. Obligations issued or guaranteed by Federal agencies or government-sponsored enterprises are not direct obligations of the United States and offer more varied credit risk. These obligations include securities that are supported by the right of the issuer to borrow from the Treasury, such as obligations of Federal Home Loan Banks, and securities that are supported only by the credit of the instrumentality, such as Federal National Mortgage Association ("FNMA") bonds, Because the U.S. Government is not obligated to provide support to its instrumentalities, the Portfolio will invest in obligations issued by these instrumentalities only where the Portfolio is satisfied that the credit risk with respect to the issuers is minimal, i By comparison to the Liquid Asset Portfolio, an SEC registered money market fund is allowed to invest in higher risk securiti ~s, such as commercial paper, banker's acceptances, and securities not authorized under the Public Funds Investment Act, such as securities issued by corporations, The Liquid Asset Portfolio may also invest in repurchase agreements which are documented through use of a Mapter Repurchase Agreement promulgated by the Public Securities Association and collateralized by obligations of the United states, its agencies1 and instrumentalities, or other obligations on which the principal and j interest are unconditionally guaranteed or insured by the United States, Under such an agreement, a financial institution or primary dealer agrees, upon entering into the contract, to repurchase a security at a mutually agreed upon time and price, thereby determining the yield during the term of the agreement, This results in a fixed rate of return insulated from market fluctuations during such period. In the event of default by the seller under a repurchase agreement, the Portfolio may suffer time delays and incur costs or possible losses in connection with the disposal of the collateral. The Liquid Asset Portfolio is not secured by an insurance policy, federal deposit insurance, or other secondary guarantee. The Participants will own undivided beneficial interests in the securities of the Portfolio and nothing more. A Interest Rate Risk. Interest rate risk is the potential for a decline In market value due to rising interest rates. For example, a bond or other security issued I or backed by the U.S. Government is guaranteed only as to the timely payment of interest and principal; its market price is not guaranteed, Just like bonds issued by Government Entities and corporations, U.S. Government securities will fluctuate in • value as interest rates change. In general, the market value of a bond varies inversely • • with interest rates. If interest rates rise, prices generally fall; if interest rates fall, prices generally rise. In addition, for a given change in interest rates, longer-maturity ,J -6- 391489.02 • O • • Aga, t+e. Agenda Item Defe 'fi bonds typically fluctuate more in price (gaining or losing more in value) than short- maturity bonds. To compensate investors for this risk, longer-maturity bonds generally offer higher yields than shorter-maturity bonds, all other factors, including credit J quality, being equal. The Liquid Asset Portfolio presonts little interest rate risk, The weighted average maturity of the Portfolio is 60 days or less, and no instrument may have a term of more than 13 months. By comparison, an SEC registered money market fund must have an effective weighted average maturity of 90 days or less,' The Liquid Asset Portfolio will attempt to maintain a stable net asset value of $1.00. The Administrator of the Cooperative is required to take same-day action if the not asset value of the Portfolio falls below 99.66 cents or rises above 100.36 cents, in order to maintain the net asset value within the prescribed ban. RATINGS t In order to comply with the Public Funds Investment Act, all portfolios will maintain a AAA or equivalent rating from at least one nationally recognized rating agency. The Liquid Asset Portfolio has been assigned a rating of "AAA\V-1+" by Fitch Investors Service, Inc. An explanation of the significance of such rating may be obtained from Fitch at One State Street Plaza, New York, New York 10004, telephone: 1.800.75-FITCH. ELIGIBILITY TO INVEST Only "Governmental Entities" of the State of Texas, Including both "local governments" and "agencies" of the State of Texas, may become parties to the Interlocal Agreement, creating the Portfolios. The term "local government" refers to any school district, county, municipality, special district, junior college district, any other legally constituted political subdivision of the State, a combinetion of political subdivisions (e.g„ a combination by means of an interlocal agreement), or any other entity that may be included in the definition of "local government" contained in the Interlocal Cooperation Act, as the same may be amended or restated from time to tuna. 1 he term "agency" includes: (a) a department, board, bureau, commission, court, office, authority, council or institution, (b) a university, college, or any service or part of a state institution of higher education, and (c) any statewide job or employment training program for disadvantaged youth that is substantially financed by federal funds and • that has been created by order not later than December 30, 1986. Each state agency must have authority under state law to invest Its funds in the Cooperative and to :avest in the investments outlined in the Public Funds Investment Act. ADMINISTRATION OF T _E COOPERATIVE • The Cooperative Structure, By entering into the Interlocal Agreement, • • Participants establish a public funds investment pool entitled Local Government Investment Cooperative and designate the Board of Directors of the Cooperative as an ,7, 391689.02 j • O Agenda po. item ; agency and instrumentality of the Participant and agree that it body of the Cooperative. The Cooperative holds legal title to all money, investments I and other assets of the Cooperative and, through the Board, has the authority to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the objectives of the Cooperative, The Board and the Bylaws, Pursuant to the Inter local Agreement, the business and affairs of the Cooperative are required to be managed by the Board, and t the Board is authorized to adopt and maintain bylaws (the "Bylaws"). The Bylaws set k forth procedures governing the selection of, and action taken by, the members of the Board. The Bylaws provide for a five member Board consisting of three individuals who are government officials or employees and two limited-voting members who have public finance expertise and are representatives of the general manager of the Cooperative. Any Board member who was an employee or elected official of a Participant when he or she became a Board member and now ceases to be an employee or elected official or who repress; is an entity that ceases to be a Participant is required to vacate his or her position. Any v; cancy resulting thereby or otherwise is required to be filled for the unexpired term by the Board, The initial Board members who are government officials or employees are appointed for staggered terms expiring in 1996,• 1997, and 1998. Thereafter, these Board positions will have three-year terms. The Board will appoint a qualified person as director at the expiration of each term. Board members serve without compensation but are entitled to reimbursement of reasonable out-of-pocket expenses incurred in the performance of Board duties. The Board consists of the following individuals; Board Name Position r Ex p, Affiliation and Position Kathy K, Hynson President 06/01/96 County Treasurer, Fort Bend County Philip G. Roberson Vice President/ 06/01/98 Arlington Independent Asst, Secretary School District Fred L. Werner Treasurer/Anat. 06/01/97 Director of Finance, City Secretary of Wichita Falls t Raymond H. Wooldridge Secretary N/A Southwest Securities Group, Inc. Don A. Buchholz Assistant N/A Southwest Securities Secretary Group, Inc. Messrs. Wooldridge and Buchholz are directors and officers of Southwest Securities Group, Inc., which has contracted with the Cooperative to provide general 3 asiase.az • 47 Agenda No. Agenda item Dale managerial services, including contracting for investment advice, administration, marketing, and custodial services. They will have limited voting powers. Primary duties of the Board include, but are not limited to, adoption of the Investment Polities, Operating Policies, and the Bylaws, appointing officers, and employing a general manager and other service providers. The meetings of the Board j are open to the public. General anaizer. The Board has entered into a Contract with Southwest Securities Group, Inc. to provide managerial services and to contract for administrative, investment advisory, marketing and custodial services. With the approval of the Board Southwest Securities plans to subcontract out such tasks under various subcontracts. 3 SW Capital Corporation, a wholly owned subsidiary of Southwest Securities, will act as t Administrator; Westwood Management Company, a wholly owned subsidiary of Southwest Securities, will act as Investment Adviser and will subcontract such work to Patterson & Associates, as Portfolio Investment Adviser; and Broker Transaction Services, a wholly owned subsidiary of Southwest Securities and a registered broker/dealer, is the marketing representative for the Cooperative. Northern Trust Company is currently serving as custodian, but the Board bar lthorized a contract with Texas Commerce Bank to perform such duties, which is expected to commence in October, 1996. Administration Services. SW Capital Corporation will be the day-to-day administrator of the Cooperative. Its duties will include receiving Cooperative applications, developing a record-keeping system for the Cooperative, processing deposits, withdrawals and other requests, preparing monthly reports to the Board and Participants on the performance of the Portfolio and the net asset value per unit, monitoring the value of all collateral pledged for repurchase agreements or deposited funds, and supervising all of the Cooperative's operations not specifically assigned by the Board to another party, The persons who will provide administrative services to the Cooperative include the foilowing: • Richard H. Litton is senior executive vice president of Southwest Securities, Inc, Prior to joining Southwest Securities, he headed the Municipal Securities Group in Dallas for BA Securities, Inc., a subsidiary of Bank of America. He has also held managerial responsibilities at First Southwest Company and was Vice President and Regional Manager of Merrill Lynch Capital Markets Municipal Group. A • Corrine Steeger is vice president - marketing of SW Capital Corporation. She has her M.B.A. from Columbia University and has served as Treasurer of the City of Austin and Cash and Debt Manager for the City of Dallas. a Patrick Shinkle is vice president • administration of SW Capital Corporation, Through 1993, he was involved in the management and operations of , Tex Pool, the local government investment pool managed by the Texas State Treasurer. e 1 9 39I M9.02 • ca • Agenda No. ' Agenda Iltm Oats Cu tos dian. The Custodian will receive and disburse a ~ deposits and withdrawals, perform all wire transfers and ACH transfers, settle all portfolio trades, safekeep securities, and collect all income or any other payment due in connection with purchased securities, Investment Advice, Patterson & Associates will provide investment advice to the Cooperative with respect to the Liquid Asset Portfolio, Patterson & Associates is a registered investment adviser under the Investment Advisers Act of 1940, • Linda Patterson is a principal of Patterson & Associates. She is a former Assistant Deputy State Treasurer and Director of Investments for the Texas State Treasury. She has also served as City Treasurer of Fort Worth. LIABILITY LIMITATIONS None of the Board, the Investment Officers selected by the Board, and the officers and employees of the Board will be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless caused by such person's willful misconduct. The Cooperative has agreed to indemnify and hold harmless (either directly ur through Insurance) any person referred to in this paragraph, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Cooperative unless the litigation, claim or other proceeding resulted from the willful misconduct of such person. None of the General Manager, the Marketing Representative, the Administrator, the Adviser, the Portfolio Investment Adviser, the Custodian, and their affiliates, officers, employees or board members will be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless such person failed to meet the standard of care required under its agreement to render services to Cooperative or acted with willful m±,econduct. The Cooperative has agreed to indemnify and hold harmless (either directly or through insurance) any person referred to in this paragraph, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the litigation, claim, or other proceeding is adjudicated to have resulted from such person's failure to meet the standard of care required under its • agreement with the Cooperative or its willful misconduct. PORTFOLIO TRANSACTION The Portfolio Investment Adviser has no obligation to deal with any dealer or group of dealers in the execution of transactions in portfolio securities of the Cooperative. The securities in which the Portfolios will be invested are normally • • purchased directly from the issuer or from a dealer in such securities. Where possible, the Portfolio Investment Adviser deals directly with the dealers who make a market in to 30;b89,02 e ay • tpDrcesAnn the securities involved except in those circumstances where bettare available elsewhere. It is the policy of the Cooperative to obtain the best net results in conducting portfolio transactions, taking into account such factors as price, the size, F type and difficulty of the transactions involved, the firm's general execution and operations facilities, and the provision of supplemental investment research by the firm, The Portfolio securities of the Cooperative are traded on a net basis and do not involve either brokerage commissions or transfer taxes. The Portfolio Investment Adviser may dispose of securities without regard to the time they have been held when such actions, for defensive or other portfolio management reasons, appear advisable, High portfolio turnover involves correspondingly greater transaction costs, which are borne directly by the Cooperative. Portfolio investments will not be purchased from or sold to the Portfolio Investment Adviser, the Administrator or any affiliate of either. Investments may be sold by one Portfolio to another Portfolio at the prevailing market prices. f' OPERATING EXPENSES i F, An annual fee based on a fixed percentage of the aggregate average month- end assets of the Cooperative will be paid to the General Manager. This fee is accrued daily and paid monthly out of the assets of the Cooperative and will not exceed 0.16 percent per year based on the aggregate average month-end assets of the Cooperative. Other operating expenses payable oa of the assets of the Cooperative include, but are not limited to, expenses of the Board, including directors and officers liability insurance, legal, audit and accounting expenses, the costs of safekeeping, settlement, cash movement and banking services provided by the Custodian, rating agency fees, non- recurring expenses, deferred organizational expenses, and expenses of preparing, printing and maili..g Information Statements, reports, notices and proxy materials to Participants, the aggregate of which are not expected to exceed 0.05 percent per year based on the aggregate average month-end assets of the Cooperative. ANNUAL AUDIT The financial statements of the Cooperative will be examined and a certification issued by KPMG Peat Marwick, an independent certified public accounting f irm, following the close of each fiscal year. The examination will include reconciliation of securities held by the Custodian and a review and evaluation of the adequacy of the • Cooperative's controls. An Annual Report including the auditor's opinion will be issued to each Participant of record as of the close of the Cooperative's fiscal year, which ends August 31. The address of KPMG Peat Marwick is 200 Crescent Court, Suite 300, Dallas, Texas 76201.1886. PARTICIPATING IN 1-HE COOPERATIVE e • • NW co . To become a Participant in the Cooperative, a Government Entity's governing body (e.g,, board of trustees, city council, etc.) must adopt a 11 391689.02 • 0 • CO. • Agenda t,,0_ Agerdi Ilan Diie t resolution authorizing the Government Entity to become a Participant an appro a an Interlocal Agreement to which all Participants are parties. The resolution also; 1 • Establishes the Board as an administrative agency pursuant to the Interlocal Agreement; a Designates the Board as the governing body of the Cooperative; 1 i Approves the investment policies of the Cooperative (as amended from time to time by the Board); and F_ • Designates Authorized Representatives and Investment Officers. 1- F Following adoption of the resolution, the Government Entity must complete and forward to the Administrator the Cooperative application form, together with a certified copy of the resolution and an executed counterpart of the Interlocal Agreement. It should be noted that a Government Entity may become a Participant and open an account with the Cooperative without being obligated to deposit any money or otherwise actively participate in the Cooperative. The Cooperative's Marketing Representative will require a Governmental Entity to provide its investment policy for review under the Public Funds Investment Act before the Governmental Entity may open an account with the Cooperative. The Governmental Entity will receive confirmation from the Marketing Representative that it has reviewed the policy and has implemented reasonable procedures and controls In an effort to preclude imprudent investment activities arising out of investment transactions between the representative (as marketer of the Cooperative) and the Governmental Entity. e ositA. Deposits (including new accounts) are required to be made by either Automated Clearing House electronic funds transfer ("ACH") or wire transfer through the Federal Reserve Bank System ("Wire Transfer"), Deposits will be accepted by the Cooperative on any business day (each such day, a 'Deposit Day"). In order for a Participant's deposit to the Cooperative to be credited to its account on a particular Deposit Day, the Participant is required to contact the Administrator by telephone at 1.800.896.6442 by the time specified below and provide the Administrator with its name, identifying access code of the person calling, Cooperative account number, portfolio, verification of the name of the bank and the bank account number from • which funds are being transferred and the amount to be deposited; • In the case of an ACH deposit, the Participant must notify the Administrator by 100 p.m. one business day prior to the Deposit Day. 0 In the case of a Wire Transfer deposit, the Participant must notify • the Administrator by 10;00 a.m. on the Deposit Day. In addition to calling the • • Administrator and furnishing the information described above, the Participant must instruct its local bank to wire funds to the Custodian by 1;30 p.m. I •12• 391689.02 • 0 • 0 AOen:a No, Aoendi llem 1 ; Transfers. A Participant may transfer funds from one account to another account. The procedures for transfers are described in the Operating Policies. Business Days. The Cooperative will determine on an annual basis the ' business days on which it will conduct operations, WITHDRAWALS Withdrawals will be processed from the Liquid Asset Portfolio on any business day (each such day a "Withdrawal Day"), in order for a withdrawal from a 4 Participant's account in the Liquid Asset Portfolio to occur on a particular Withdrawal Day, the Participant must contact the Administrator at 1.800-896.6442 by 10:00 a,m, y3 if by wire (same day settlement) or by 3:00 p.m. one business day prior to the Withdrawal Day if by ACH (next day settlement) (each such day a "Withdrawal Day'), r• In all cases, the Participant must provide the following: name, identifying access code, Cooperative account number, portfolio, verification of the bank name and account number, and the amount to be withdrawn. The amount requested to be withdrawn cannot exceed the net asset value of the Participant's account on the date such notice is given. PARTICIPANT FEES AND XP N _q A Participant's account will be directly charged for the cost of any special services rendered at the request of the Participant. A Participant's account will also be charged with all actual costs and expenses associated with extraordinary events affecting such account including, but not limited to, losses of investment income to the Cooperative associated with ACH returns or by failure to timely transmit a Wire Transfer for deposit, unless such failure was beyond the control of the Participant, REPORTS TO THE 'ARTICIP Participants receive a transaction confirmation detailing each deposit, s withdrawal, transfer, and exchange. Each Participant also receives a monthly statement of its account showing the current balance in its account and all activity since the prior monthly report. The Cooperative will Issue an annual report containing financial statements audited by the Cooperative's independent auditors. AMENDMENT OF COOPERATIVE DOCUMENTS • The Interlocal Agreement, the Investment Policies, the Operating Procedures, and the Bylaws may be amunded by the Board, provided that notice of any such amendment which the Board determines materially affects the Participants is sent to all affected Participants at least 30 days prior to the effective date thereof. • Copies of the Interlocal Agreement, Investment Policies, Operating • • Procedures, and the Bylaws can be obtained from the Administrator. •13. 39L689M • 0 V. • Lom4 o" StABY Some of the terms used in this Information Statement are described below: "U.S. Government Obligations" are debt securities (including bills, cortificates of indebtedness, notes, and bonds) issued by the U.S. Treasury or by an established under the agency l or instrumentality of the U.S. Government which is authority of an act of Congress, Although all obligations of agencies and instrumentalities are not direct obligations of the U,S. Treasury, payment of the interest and principal on these obligations generally is backed directly or indirectly by the U.S, Government, This support can range from backing of the full faith and credit of the United States (U.S. Treasury securities), to U.S. Government guarantees, or to the backing solely of the issuing instrumentality itself. "Repurchase Agreements" are transactions by which the Cooperative purchases a security and simultaneously commits to resell that security to the seller at an agreed upon price on an agreed upon date within a number of days from the date of purchase, The resale price reflects the purchase price plus an agreed upon market rate of interest which is unrelated to the coupon rate or maturity of the purchased security. A repurchase agreement involves the obligation of the seller to pay the agreed upon price, which obligation is in effect secured by the value (at least equal to the amount of the agreed upon resale price when marked to market daily) of the underlying security. "Reverse Repurchase Agreements" are transactions by which the Cooperative sells a security to another party, such as a bank or broker-dealer, in return for cash and agrees to repurchase the instrument at a particular price and time, The Cooperative must invest the cash it receives. If the Cooperative reinvests the cash at a rate higher than the cost of the agreement, it may earn additional income. Under the Public Funds Investment Act, a reverse repurchase agreement may not have a term greater than 90 days. i 4 •14• 391589.02 _ 3. t fA ~ ~ ' • AW* Us AOndt NIIN.,r...~..r Dato ATTACHMZRT Z C Investment Policies • ,k L { • • ..w...~.a.~~... . ~ ~ r ~ ~S pj ~~°In )krFi ,~4 V+r`~lli tail p. • O will', b - 1 k i v - i. ~St A Gi 10/11/95 1427 0214 522 7667 TRUST CO' TEXAS 000.1/021 Agenda No, Apenda tum REVISED AND AMENDED - n INVESTMENT POLICIES THE BOARD OF DIRECTORS OF LOCAL GOVERNMENT INVESTMENT COOPERATIVE ARTICLE I r DEFINITIONS x Section 1.01, Definitions. Wherever used herein, unless otherwise required by the context or ' specifically provided: "Administrator" refers to the person to perform administrative services for the Cooperative, currently SW Capital Corporation; 'Advisor" refers to the person to perform investment advisory services for the Cooperative, initially Patterson & Associates; i` "Board of Directors" refers to the administrative agency created to manage E. a public funds investment pool established by the Interlocal Agreement and entitled "Local Government Investment Cooperative"I "Bylaws" refers to the Bylaws of the Board, if any, as amended or t. supplemented from time to time; "Cooperative" refers to the public funds investment pool created by the Interlocal Agreement and managed by the Board; "Custodian" refers to the person to perform custodial services for the t Cooperative; a "Directors" refer to individual directors in their capacity as directors hereunder of the Board, and their successor or successors for the time being in office as such directors; 4 4 "Governmental Entity" refers to a local government of the Sta±G of Texas, as defined in the Interlocal Act or a state agency, as defined in 3eetion 771,002 of the Government Code, including but not limited to an in,.orroratad city or town, a county, a public school district, a district or authe ,icy created under art, III, Section 62(b)(1) or (2) of the Texas Constitution, nr art. XVI, Section.59 • of the Texas Constitution, an institution of higher education as defined by Section 61,003 of the Education Code, a hospital district, or a fresh water supply district; -1• 275028,08 r O ~ . I • • r 10/11/95 14:28 V214 522 7687 TRUST CO' TEXAS Aoe O No. Ap da Item "Interlocal Agreement" refers to the agreement executed by the initial Participants and establishing the Cooperative and the Board to manage it, and shall encompass any amendments and supplemonta to the Agreemsnt, and shall also encompass the written instruments by which Governmental Entities become parties to, or terminate their participation under, the Agreement; "Interlocal Cooperation Act" refers to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended or supplemented from time to time; ,r "Inuestment Officer" refers to an officer or employee of the Board who shall be designated In accordance with the provisions of Article VII; ta, "Net Asset Value" refers to the net asset value of any Portfolio of the Cooperative determined in the manner provided for each Portfolio; "Open Records Act" refers to the Texas Open Records Act, Texas Revised k, Civil Statutes article 6262.17a, both as amended or supplemented from time to time; "PFIA" refers to the Public Funds Investment Act, Texas Government Code chapter 2256, as amended from time to time; "Participant" refers to a Government Entity which has entered into the Interlocal Contract through due and proper authorization, and which has not terminated or been terminated from such status; "Participation" refers to the status of an entity as a Participant; "Portfolio" refers to any subdivision of the assets of the Cooperative established in accordance with the provisions of Section 3.02 hereof; "Portfolio Supplement" refers to the written document establishing the terms of a certain Portfolio; "Unitholder" refers to a record owner of Units of the Cooperative or of a Portfolio of the Cooperative; and • "Units" refers to the equal proportionate units of undivided beneficial interest ir, the assets of the Cooperative or of any Portfolio of the Cooperative from time to time, including fractions of Units as well as whole Units, References in the singular number in this document shall be considered to include the plural, if and when appropriate, and vice-versa, .2- 275M.08 • • 10,11/95 1128 V214 $22 7887 TRUST CO' TEXAS WJVOSio~t s!s' Aprnda qn ARTICLE fi PURPOSE, OBJECTIVES AND STANDARD OF CARE Section 2,01. Purpose and Objectives, A. The purpose of the Cooperative is to provide Government Entities with a diversification of investment vehicles to provide safety and liquidity and to best suit their investment needs, with each Portfolio tailored to meet a specific investment need. In all cases, however, the Cooperative will have the following investment x objectives in order of priority: safety of principal; liquidity in accordance with the operating requirements of the Participants; and the highest rate of return. F B. In order to accomplish the Cooperative's objective, each Participant w agrees that the money transferred to a Portfolio within the Cooperative will be commingled with other money transferred to the Portfolio by other Participants for the h purpose of making authorized investments, subject to the terms of the Interlocal Fy Agreement and the requirements of these Investment Policies and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. C. In order to comply with the PFIA and to provide maximum liquidity and safety to its Unitholders, all portfolios will maintain a AAA or equivalent rating from at least one nationally recognized rating agency. Section 2.02, Standard of Care. Assets held by the Cooperative pursuant to these Investment Policies shall ! be invested in the same manner that persons of prudence, discretion, and intelligence f would exercise in managing their own investments, not for speculation, but for investment, considering both the probable safety of their capital and the probable income to be derived; all in accordance with the PFI& Section 2.03. Diversification. r The Cooperative will continuously attempt to diversify the Portfolios by market sector and maturity to reduce risk, The Cooperative will invest in; (1) a • variety of U.S. Government instruments (notes, bills, etc.), (2) a variety of U.S. Government agencies and instrumentalities, (3) instruments with different maturities, and (4) repurchase agreements with a variety of providers. Further, diversification will be achieved by use of various broker-dealers for all purchases and sales, Section 2.04, Quality and Capability of Investment Management. 1 x, • The Cooperative shall engage an investment adviser which is experienced • • in investing public funds and is registered under the Investment Advisers Act of 1940. .a. 276028.08 • 0 F ra • 10/11/85 14:28 0214 522 7887 TRUST CO' TEXAS 006/021 Agtnda No. Aoenda Hem ARTICLE II[ BENEFICIAL INTERESTS Section 3.01. Units of Beneficial Interest, The undivided beneficial interests of Participants in the assets of the Cooperative or of any Portfolio thereof shall be represented by such Units of one or more separate and distinct Portfolios as the Directors shall from time to time create and establish, The number of Units is unlimited and each Unit shall be without par value and shall be fully paid and nonessessable. The Directors shall have full power and authority, in their sole discretion and without obtaining any prior authorization or vote of the Unitholders of the Cooperative or of any Portfolio of the Cooperative, to create and establish Units or any Portfolio thereof with such preferences, voting powers, rights and privileges as the Directors may from time to time determine; to divide or combine the Units thereof into a greater or lesser number; to value such Units, in a manner consistent with the goals of the Portfolio; to classify or reclassify any existing Units into one or more Portfolios or classes of Units; and to take such other action with respect to the Units as the Directors may deem desirable; provided s that the Directors may take no action pursuant to this Section which would impair the beneficial interests of Unitholders in the then-existing assets of the Cooperative. t; Section 3.02, Establishment of Portfolios. r A. The first and second Portfolios are hereby established pursuant to Articles IV and V of these Investment Policies, B. Establishment of any future Portfolios shall be effective upon the I amendment of these Investment Policies to add such a Portfolio, The Directors shall designate for each such future Portfolio investment objectives and policies (which shall, so long as required by applicable law, comply with 2258.006 of the PFIA), authorized investments (and if repurchase agreements are authorized, the Custodian for pledged securities), categories of Governments] Entities eligible to own Units, authorized Investment Officers, and the relative rights and preferences of the Unitholders; all of which shall be described in a Portfolio Supplement, C. Wherever there are no Units outstandingof any particular Portfolio • previously established and designated, the Directors by majority vote may abolish that Portfolio and the establishment and designation thereof. j Section 3.03. Ownership of Units. j Ownership of Unita shall be limited to Participants and shall be recorded • in the books of the Cooperative. The Directors may make such rules as they consider appropriate, to the extent permitted by law, for the transfer of Unite and similar • • matters. The record books of the Cooperative shall be conclusive as to who are the holders of Unite and the number of Units held from time to time by each Unitholder, .4. 27M28.08 A 0 • Cl) • 10/11/95 14: 29 IT214 522 7887 TRUST CO' TEXAS Ageoda NO. fT nnT,n2~r ApAda Item Dale Section 3.04. Placement of Assets with the Cooperative. i' The Directors shall accept funds transferred by a Participant to a Portfolio on such terms as the Directors may from time to time authorize. After the date funds are initially transferred to a Portfolio, the number of Units of that Portfolio . . representing the amount of funds transferred shall be considered outstanding, and the amount received on account of such transfer shall be an asset of such Portfolio. j' Subsequent transfers of funds to the Portfolio shall be credited to each Unitholder's account in the form of full Units at the Net Asset Value per Unit last determined after the funds are received,, provided, however, that the Directors may, in their sole discretion, authorize the issuance of fractional Units. Section 8.05. No Preemptive Rights, Unitholders shall have no preemptive or other preferential right to acquire any additional Units of the Cooperative. Section 3.06. Limitation of Personal Liability, ' The Directors may not bind any Unitholder or call upon any Unitholder to pay any amount or assessment whatsoever except as the Unitholder may have at any time agreed to pay, whether for a subscription for Units or otherwise, Every contract or other undertaking by or on behalf of the Cooperative shall recite that the obligation of the Cooperative thereunder is solely an obligation of the Cooperative and its assets (as may be limited therein) and not of any Participant therein because of its Participation (but omisoion of such recitation shall not bind any Participant), ARTICLE IV FIRST PORTFOLIO Section 4.01. Establishment of First Portfolio, The first Portfolio shall be established in conformity with the terms of these Investment Policies and the policies, objectives, restrictions, and other terms of this Article, References in this Article to "the Portfolio" are to the Portfolio created by this Article. The first Portfolio shall be referred to as the Liquid Asset Portfolio, Section 4.02, Eligible Governmental Entities. J Any Governmental Entity maybe a Participant in the first Portfolio. The j Portfolio is designed for Investment of funds which may be needed at any time, 6 216028.08 , 0 „ 40 lT ro • 10/11/95 14:29 0213 522 7867 TRUST CO' TEXAS - ° @lODBiDZ1 FN. Agenda ih Arlenda Ilam _ /late Sf Section 4.03. Eligible Investments. The Portfolio may invest in the following instruments: a. Obligations of the United States or its agencies and Instrumentalities with a maximum maturity of 13 months; b. Other obligations, the principal of and interest on which are F' unconditionally guaranteed or insured by the United States with a maximum maturity of 13 months; and c. Fully collateralized repurchase sgreemante with a defined termination date not to exceed 13 months, secured by obligations of the United States or its agencies and instrumentalities, or other obligations on which the principal and interest are unconditionally guaranteed or Insured by the United States. The Portfolio may also invest funds it receives too late to invest otherwise in SEC registered money market funds authorized by the Public Funds Investment Act. "U.S. Government Obligations" are debt securities (including bills, certificates of indebtedness, notes, and bonds) issued by the U,S. Treasury or by an agency or instrumentality of the U.S. Government which is established under the authority of an act of Congress. Although all obligations of agencies and instrumentalities are not direct obligations of the U.S. Treasury, payment of the interest and principal on these obligations generally is backed directly or indirectly by the U.S, Government. This support can range from backing of the full faith and credit of the United States (U.S. Treasury securities), to U.S. Government guarantees, or to the backing solely of the issuing instrumentality itself. "Repurchase Agreements" are transactions by which ehe Cooperative purchases a see?srity and simultaneously commits to resell that security to the seller at an agreed upon price on an agreed upon date within a number of days from the date of purchase. The resale price reflects the purchase price plus an agreed upon market rate of interest which Is unrelated to the coupon rate or maturity of the purchased security, A repurchase agreement involves the obligation of the seller to pay the agreed upon price, which obligation is in effect secured by the value (at least equal to the amount of the agreed upon resale price when marked to market daily) of the underlying security, "Reverse Repurchase Agreements" are transactions by which the Cooperative sells a security to another party, such as a bank or broker-dealer, in return for cash and agrees to repurchase the instrument at a particular price and time. ! • Section 4,04. Portfolio Objectives and Strafty. • The investment objectives of the Portfolio are to seek presorvation of principal, liquidity, and current income through investment exclusively in a diversified s 275028.08 • w • 10/11/95 14 29 x214 522 7667 TRUST CO' TEXAS Agenda No Q009i021 Agenda Item Date portfolio of short-term marketable securities which are obligations of the U,S,, its'p agencies and instrumentalities, and repurchase agreements secured by such obligations, The effective weighted average maturity of the Portfolio cannot exceed 60 days. The Liquid Asset Portfolio seeks to maintain a net asset value of $1.00 and is designed to be used for Investment of funds which may be needed at any time. In accordance with the goals and objectives of this Portfolio, the strategy employed will include active management but only with the highest credit quality and liquid securities. This strategy is appropriate for the Unitholders' funds in a liquid asset portfolio, The securities authorized for the Portfolio are of the highest quality and liquidity and therefore represent excellent marketability should liquidation be required for portfolio management or withdrawal purposes, f Section 4.05. Investment Limitations. i. 1. The Liquid Asset Portfolio will not invest in U.S. Government F securities representing ownership in mortgage pools or collateralized mortgage obligations. The Liquid Asset Portfolio will not invest in banker's acceptances or commercial paper. 2. The Portfolio will seek to maintain a stable net asset value of $1.00 t b per Unit to preserve the principal of all Participants. 3. The weighted average maturity of the 'Portfolio will not exceed 60 days and no investment will hive a stated remaining maturity of greater then 13 months, 4. Withdrawals from the Portfolio may be made on any business day, with deadlines and provisions as more fully described in the Operating Procedures. b. To provide additional liquidity, incremental income, or enhanced yield, the Portfolio may engage in reverse repurchase agreements with reinvestment of proceeds limited to the term of the reverse repurchase agreement, which shall in no event exceed 90 days, 6. The Portfolio may not borrow money or incur indebtedness, except • that it may incur and pay operating expenses. 7. The Portfolio may not lend its money, except to the extent that the Portfolio may make authorized investments and it may lend its securities pursuant to a reverse repurchase agreement. 0 8, Repurchase tIgreements are required to be collateralized by obligations of the United States or its agencies or instrumentalities, and such • • collateral is required to be held by an independent third party selected and approved by the Cooperative. The market value of such collateral is required to be at least 10M of the principal for an agreement with a term of one business .7. 275026.9E • 0 • G> • 10/11/95 11,70 V214 522 7667 TRUST CO' TEXAS Z OLOi021 Aqcnda No...~._._ +`c day or less and at least 102% of the principal for an agreement with a term of more than one business day. Thereafter, the market value of such collateral will ,y be determined (marked to market) at least daily, Repurchase agreements must be placed through a primary government securities dealor or a financial institution doing business in the State of Texas whose creditworthiness has been rf r` reviewed and found satisfactory. All repurchase agreements will be documented y through use of a Master Itt}purchaae Agreement in the form promulgated by the Public Securities Association, executed by the parties, 9. The Portfolio will engage in portfolio trading in an attempt to maximize the total return on assets, 10. The Portfolio shall not invest in the aggregate more than 5 percent 4 of its monthly average balance in money market mutual funds, or invest its funds in any one money market mutual fund in an amount that. exceeds 10 per cent of the total assets of such money market fund, 11. In order to provide and emphasize diversification within the Portfolio, the following limitations will be followed: 4F a. No more than 76% of the Portfolio may be in U.S. Treasury Bill notes or bonds; b. No more than 50% of the Portfolio may be in U.S. agency or ast7umentality obligations; C. No more than 20% of the Portfolio may be in any one U,S, agency or instrumentality obligation; and f d. 100% of the Portfolio may be in repurchase agreements for liquidity purposes. 12. Diversification of repurchase agreement counterparties will be emphasized. A maximum of 35% of total assets may be invested in repurchase agreements with second tier credit counterparties (as defined by the rating agency or agencies rating the Portfolio), • Section 4.06. Investment OA9cer, The Investment Officer for the first Portfolio shall be Fred L, Werner or any successor Investment Officer designated by the Directors. An Investment Officer who has a personal business relationship with an entity seeking to sell an investment to the Portfolio shall file a statement disclosing that personal business interest. An ® Investment Officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the Portfolio shall file a statement • • disclosing that relationship. A statement required under this subsection must be filed 1 with the Texas Ethics Commission and the Board. .g. 278028.08 • c"• O 10/11/95 14: 30 2&214 522 7097 TRYST CO' TEXAS 201)/021 hpen0a ilcm~ Odle ARTICLE V SECOND PORTFOLIO Section 5.01. Establishment of Second Portfolio. The Second Portfolio shall be established in conformity with the terms of these Investment Policies and the policies, objectives, restrictions, and other terms of this Article. References in this Article to "the Portfolio" are to the Portfolio created by this Article, The second Portfolio shall be referred to as the Enhanced Yield Portfolio. Section 5,02, Eligible Governmental Entities. k.' Any Governmental Entity may be a Participant in the second Portfolio. Section 5.03. Eligible Investments. 1 The Portfolio may invest in the following instruments; a. Obligations of the United States or its agencies and r instrumentalities with a maximum maturity of 5 years; 'r. b. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States with a maximum maturity of 5 years; C. Fully collateralized repurchase agreements with a defined termination date not to exceed 13 months, secured by obligations of the United States or its agencies and instrumentalities, or other obligations on which the principal and interest are unconditionally guaranteed or insured by the United States. d. Commercial paper rated A1/P1 or equivalent by two nationally recognized rating agencies; and l e. Banker's acceptances as defined by PFIA. O The Portfolio may also invest funds ?t receives too late to Invest otherwise in SEC registered money market funds authorized by the Public Funds Investment Act and no- load mutual funds as defined by the PFIA. "U.S. Government Obligations" are debt securities (including bills, certificates of indebtedness, notes, and bonds) issued by the U.S. Treasury or by an O agency or instrumentality of the U.S. Government which is established under the authority of an act of Congress. Although all obligations of agencies and O instrumentalities are not direct obligations of the U.S. Treasury, payment of the interest and principal on these obligations generally is backed directly or indirectly by the U.S. Government. This support can range frong backing of the full faith and credit 8 275028.08 I. ~ 0 10/11/95 14: 31 V214 522 7887 TRUST CO' TEAS 012 ~ 1~~f nie lip Agenda Ilem pale - - of the United States (U.S. Treasury securities), to U.S, Government guarantees, or to the backing solely of the issuing instrumentality itself. "Repurchase Agreements" are transactions by which the Cooperative E' purchases a security and simultaneously commits to resell that security to the seller at an agreed upon price on an agreed upon date within a numbt,r of days from the date } of purchase. The resale price reflects the purchase price plus an agreed upon market rate of interest which is unrelated to the coupon rate or maturity of the purchased security. A repurchase agreement involves the obligation of the seller to pay the agreed upon price, which obligation is in effect secured by the value (at least equal to the I, amount of the agreed upon resale price when marked to market daily) of the underlying security. I' "Reverse Repurchase Agreements" are transactions by which the Cooperative sells a security to another party, such as a bank or broker-dealer, in return for Lash and agrees to repurchase the instrument at a particular price and time. Section 5,04 Portfolio Objectives and Strategy. i The Enhanced Yield Portfolio seeks to provide as high a yield potential, consistent with preservation of capital, as is available by investing in short and intermediate term marketable obligations of the U,S., its agencies and instrumentalities, and repurchase agreements secured by such obligations. It is intended to be used for investment of funds which will not be needed for liquidity purposes and to provide a higher yield than the Liquid Asset Fund. Because the affective weighted average maturity of the Portfolio may be up to 18 months, the net asset value per Unit may vary. In accordance with the goals and objectives of this Portfolio, the strategy employed will include active management but only with the highest credit quality intermediate or short-term securities. This strategy is appropriate for the Unitholders' funds in a portfolio designed for investment of funds which will not be needed for some time period. The securities authorized for the Portfolio are of the highest quality and therefore represent excellent marketability should liquidation be required for portfolio management or withdrawal purposes. Section 5.06. Investment Limitations, ♦ 1. The Enhanced Yield Portfolio will not 'avast in U.S. Government securities representing ownership in mortgage pools or collateralized mortgage obligations. 2. The net asset value of the Portfolio will be determined once each business day, following the close of the securities markets, by adding the total market value of all Portfolio securities and other assets (including income ♦ • receivable) and subtracting accrued but unpaid expenses. The net asset value of a Unit in the Portfolio may vary. 270028.08 • c• 10 11195 14:31 V214 522 7007 TRUST CO' TEXAS 011io2t Agenda No. x Agenda lien' pItt - 3. The weighted average maturity of the Por o&.w months and no investment will have a stated remaining term greater than five years. C4' 4. Withdrawals from the Portfolio may be made on the 1st and 15th of the month (or if either of such days is not a business day, on the next preceding business day), as more fully described in the Operating Procedures, 6. To provide additional liquidity, incremental income, or enhan•:ed yield, the Portfolio may engage in reverse repurchase agreements with reinvestment of proceeds limited to the term of the reverse repurchase S agreement, which shall in no event exceed 90 days. 6, The Portfolio may not borrow money or incur indebtedness, except that it may incur and pay operating expenses, 7. The Portfolio may not lend its money, oxcept to the extent that the Portfolio may make authorized investments and it may lend its securities , pursuant to a reverse repurchase agreement, 8. Repurchase agreements are required to be collateralized by obligations of the United States or its agencies or instrumentalities, and such collateral is required to be held by an independent third party selected and approved by the Cooperative. The market value of such collateral is required to be at least 100% of the principal for an agreement with a term of one business day or less and at least 102% of the principal for an agreement with a term of more than one business day, Thereafter, the market value of such collateral will be determined (marked to market) at least daily. Repurchase agreements must be placed through a primary government securities dealer or a financial institution doing business in the State of Texas whose creditworthiness has been reviewed and found satisfactory. All repurchase agreements will be documented through use of a Master Repurchase Agreement in the form promulgated by the Public Securities Association, executed by the parties. 9. The Portfolio may engage in portfolio trading in an attempt to maximize the total return on assets. • 10, The Portfolio shall not invest in the aggregate more than 5 percent of its monthly average balance in money market mutual funds or no load mutual funds, or invest its funds in any one fund in an amount that exceeds 10 percent of the total assets of such fund, 11. The following diversification requirements will apply: • a. 100% of the Portfolio may be invested in U.S. Treasuries; , • b. No snore than 50% of the Portfolio may be invested in U.S. agencies or instrumentalities; •11• 276028.08 • Ca , • 10/11/e5 14:31 12213 522 7897 TRUST CO' TEXAS IM 614!021 r " # Dale C. No more than 20% of the Portfolio m e In any one agency or instrumentality; and d. 100% of the Portfolio may be invested in repurchase agreements. L I e 12, Diversification of repurchase agreement counterparties will be emphasized. A maximum of 35% of total assets may he invested in repurchase agreements with second tier credit counterpa.rties (as defined by the rating agency or agencies rating the Portfolio). Section 6.06. Investment Officer The Investment Officer for the second Portfolio shall be Fred L. Werner or any successor Investment Officer designated by the Directors, An Investment Officer r who has a personal business relationship with an entity seeking to sell an investment ' to the Portfolio shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the Portfolio shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the Board, ARTICLE VI r, REDEMPTIONS Section 6.01. Redemptions. i' If any Unitholder of a particular Portfolio desires to redeem some or all of its Units and withdraw such of its assets as are represented by those Units, it may deposit at the office of the Administrator a written request or such other form of request as the Directors may from time to time authorize, requesting that the Portfolio redeem the Units in accordance with this Section; and the Unitholder so requesting shall be entitled to require the Portfolio to redeem such Units, and the Portfolio shall redeem such Units, at the Net Asset Value thereof. The Portfolio shall make payment for any such Units to be redeemed, as aforesaid, in cash from the assets of that Portfolio. The Directors shall specify procedures pursuant to which a Unitholder may • redeem its Units and receive payment thereon by wire and in the form of immediately available funds within the same business day, but in any event, payment for such Units shall be made by the Portfolio to the Unitholder of record no later than the next business day after the date upon which the request is effective. •12• 276028.08 • O s • 10i1POS 14:32 0214 322 M7 TRUST CO' TEXAS Agenda NO. Apeeda Hein Gal 0 ARTICLE VII INVESTMENT OFFICER Section 7.01. Appointment. ;f The Directors shall designate for each Portfolio one or more Investment ` Officers who shall be responsible for the investment of assets transferred to that Portfolio. By authorizing participation in any Portfolio, each Governmental Entity shall thereby designate the Investment Officers for that Portfolio as such Governmental Entity's Investment Officer responsible for the assets transferred to such Portfolio, No person who is an officer or employee of a regional planning commission, council of x governments or similar regional planning agency created pursuant to chapter 391, Local Government Code shall also serve as Investment Officer of the Cooperative or of any Portfolio thereof. Section 7.02. Scope of Authority. f i The Investment Officer of each Portfolio shah be authorized to run the day-to-day operations of that Portfolio in conformance with these policies and such purposes, objectives and requirements as the Directors may set forth. Within the limits a of these policies, the Investment Officer of each Portfolio shall be authorized, to the fullest extent allowable by law, to deposit, withdraw, invest, reinvest, transfer and otherwise manage the assets of that Portfolio and may delegate such authority to the Advisor and Administrator for the Portfolio, to the fullest extent permitted by law. Section 7.03. Management Reports. , At least quarterly, each Investment Officer shall prepare and sign e written report concerning the investment transactions of the applicable Portfolio for which such Investment Officer is responsible for the preceding quarter, and describing in detail the investment position of such Portfolio as of the date of the report, If the Directors have appointed two or more Investment Officers for a Portfolio, those officers shall prepare the report jointly. The report shall be signed by each Investment Officer and shall be delivered to the Board of Directors. ARTICLE VIII • RETENTION OF CONSULTANTS Section 8.01. Agreements. When authorized by a majority of the Directors, the Board may, subject • to the laws of the State of Texas, from time to time enter into one or more agreements whereby a Person shall be designated as general manager of the Cooperative and shall • • agree to serve as such. The general manager may perform the administrative, investment advisory, custodial, and marketing duties for the Cooperative or shall enter into subcontracts for performance of such dutita, with the consent of the Board. 13 276028.08 • • 50 11%95 13:32 V214 522 7897 TRUST CO' TEXAS A!IfOd? NO ~ s~ 1 ,d,,Cndd 112111 i l+ J'- l ARTICLE IX CUSTODIANS AND TRUSTEES Section 9.01, Appointment and Duties, The Board shall at all times A. employ one or more Custodians with authority: (1) to hold the securities owned by the Cooperative and to deliver the same upon written order; (2) to receive and give receipt for any money due to the Cooperative and deposit the same in its own banking department or t elsewhere as the Directors may direct; and (3) to disburse such funds upon orders or vouchers; and/or s B, enter into one or more trust agreements: (1) to hold the securities owned by the Cooperative and to deliver the same upon written order; (2) to receive and give receipt for any money due to the Cooperative and deposit the same in its own banking department or elsewhere as the Directors may direct; and (3) to disburse such funds upon orders or vouchers; but in each case subject to such restrictions, limitations and other requirements, if any, as may be contained under the laws of the State of Texas, these policies, or the Bylaws of the Board all upon such basis of compensation as may be authorized by the Directors. The Custodian or trustee shall deliver and pay over all property of the Cooperative held by it as directed by the Directors, The Directors may also authorize the Custodian or trustee to employ one ♦ or more sub-custodians, co-trustees, or agents from time to time to perform acts and services on behalf of the Custodian. Section 9.02. Custodian. Only the Custodian, any of its agents, the Federal Reserve or any other • third party which is approved by the Hoard of Directors or the Investment Officer, and which (a) is subject to supervision by state or federal regulators; and (b) maintains (or • whose parent maintains) at least $25,000,000 in capital and surplus shall hold collateral securing repurchase agreements entered into by the Cooperative, The Cooper-tive 11 275028.08 • O • • 10i11i95 13:32 'x'213 522 7887 TRUST CO' TEXAS RJ817 02 AynD NO 4nO Hem depository shall be required to collateralize any cash of the ooperative held by it in 0 excess of FDIC insurance. ARTICLE X PORTFOLIO TRANSACTIONS ; The Advisor shall have no obligation to deal with any dealer or group of flx dealers in the execution of transactions In portfolio securities of the Cooperative. Where possible, the Advisor shall deal directly with the dealers who make a market in s the securities involved except in t! circumstances where better prices and execution are available elsewhere. It is the puiwy of the Cooperative to obtain the best net results in conducting portfolio transactions, taking into account such factors as price, the size, type and difficulty of the transactions involved, the firm's general execution and operations facilities and the provision of supplemental investment research by the firm. The Advisor may dispose of securities without regard to the time they have been held when such actions, for defensive or other portfolio management reasons, appear advisable. Portfolio investments will not be purchased from or sold to the Advisor or the Administrator or any affiliate of the Advisor or the Administrator. Investments may be sold by one Portfolio to the other Portfolio at market value. i ARTICLE XI MISCELLANEOUS Section 11.01. Assets and Liabilities of Portfolios. A. All consideration received by the Cooperative for Units of a particular Portfolio together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including proceeds derived from the sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be referred to as "assets belonging to" that Portfolio. The assets belonging to a particular Portfolio shell be so recorded upon the books of the • Cooperative, and shall be held by the Cooperative for the benefit of the Unitholders of that Portfolio. B. The asseta belonging to each particular Portfolio shall be charged with all expenses, costs, charges, and reserves attributable to that Portfolio. Any expenses, costs, charges, or reserves of the Cooperative which are not readily • identifiable as belonging to any particular Portfolio shall be allocated and charged by the Directors between or among any one or more of the Portfolios in such manner as • • the Directors in their sole discretion deem fair and equitable, and such expenses, costs, charges, and reserves shall be payable only from the assets belonging to the applicable Portfolio. Each such allocation shall be conclusive and binding upon all Participants • 16• 276028.08 • 10/11/95 13:33 '6'213 522 7897 TRUST CO' TEXAS 1 Z018/021 ,m8a Uam for all purposes. Any creditor of any Portfolio may look only to the assets of that Portfolio to satisfy such creditor's debt. 0. To the extent that the expenses, costs, charges, and reserves of the Cooperative or one or more Portfolios thereof is allocated pursuant to this Section to the Units of a Participant, that Participant authorizes the funding of such out of earnings from the investment of that Participant's Interest in the Cooperative assets, which are current revenues of that Participant for the year within its immediate control when such items were incurred. Distributions. Section 11.02. f) Earnings on the assets of the first Portfolio shall be accrued daily and shall be distributed on the first day of the month following the month in which such earnings are accrued. Such earnings may be distributed in the form of cash sent to a f Participant, or credited to the Participant's account in the form of full or fractional Units. Notwithstanding the foregoing, the Directors may at any time declare and distribute pro rata among the Unitholders of a particular Portfolio (as of the record date of that Portfolio fixed by the Board) a distribution in the form of Units. Sedion 11.03. Determination of Net Income and Net Asset Value and Valuation of Liquid Asset Portfolio Assets. The not interest income of the Portfolio is determined each business day) and consists of (i) the sum of (a) interest accrued, (b) discount earned (including both original issue and market discount), and (c) realized capital gains (amortized over a E 30-day period) less (ii) the sum of (a) amortization of premium, (b) the estimated expenses of the Portfolio applicable to that distribution period, and (c) realized capital losses (amortized over a 30-day period). All net income of the Portfolio so determined is declared as earnings to Participants each day. Earnings accrue throughout the month and are distributed on the first business day of the following month, at which time they are reinvested as additional Units at the current net asset value (expected to be $1.00), unless the Participant has elected to have them paid out. If the entire balance in an account is withdrawn during the month, the accrued distributions will be paid on the first business day of the following month. The net asset value per Unit of the Portfolio is calculated each business • day by adding the amortized book value of all Portfolio securities and other assets, deducting accrued expenses and arrearages, and dividing by the number of Units outstanding. The result of this computation will be rounded to the nearest whole cent. As previously noted, it is the intention of the Portfolio to maintain a net asset value of $1.00. The Portfolio assets are book valued on the basis of the amortized cost • valuation technique. This involves valuing an instrument at its coat and thereafter assuming a constant amortization to maturity of discount or premium, regardless of the • impact of fluctuating interest rates on the market value of the instrument. While this method provides certainty of valuation, it may result in periods during which value, as 1& 270028.08 • O • • 10/11/95 14:33 'x'214 522 7667 TRUST CO' TEXAS fm 019/021 Agenda Ho Agenda Rem Date determined by amortized cost, is higher or lower than the price th receive if it sold the instrument. The Portfolio has established policies to stabilize, to the extent reasonably possible, the net asset value at $1.00. The Administrator is required to monitor and maintain the net asset value between 99,650 and 100.35¢, Same day action is required by the Administrator should either of these conditions exist and the action will require that the net asset value be brought back within this value band. These policies include regular review of the market value of the Portfolio's portfolio holdings by the Board of Directors, and the right of the Board of Directors to take corrective action, including sale of instruments prior to maturity to realize capital gains or losses, withholding of distributions, and redemption restrictions. See "Redemption Restrictions". Although the Portfolio values its instruments on the basis of their amortized cost, certain occasions may arise on which the Portfolio sells some Portfolio holdings prior to maturity, The proceeds realized by such a sale may be higher or lower than the original cost, thus resulting in a capital gain or loss. Section 11.04. Determination of Net Income and Net Asset Value and Valuation of Enhanced Yield Portfolio Assets. Earnings accrue throughout the month and are distributed on the first business day of the following month, at which time they are reinvested as additional Units at the current net asset value, unless the Participant has elected to have them i~ paid out. L The net asset value of the Portfolio will be determined once each business F day, following the close of the securities markets, by adding the market value of all Portfolio securities and other assets (including Income receivable) and subtracting accrued but unpaid expenses, The value of a Unit in the Portfolio on the day funds are first accepted into the Portfolio is $10. Thereafter, the value of a Unit will be the net asset value per Unit most recently determined. For example, if the Portfolio begins Its operations on Wednesday (Week 1), with Participant A depositing $10 and Participant B depositing $20, A has one Unit and B has twi Units. If the net asset value of the Portfolio following the close rf the securities markets on Tuesday (Week 2) is $33, the net asset value of a Unit is $11. If Participant C deposits funds to the Portfolio on Wednesday (Week 2), it will receive one Unit for each $11 it deposits. Y ti I Section 11.05, Limited Liability. All persons providing services or property to, contracting with, or having any claim against the Cooperative, the Board or the Directors shall look only to the assets of the appropriate Portfolio for payment thereof or thereunder; and neither the Board, the Unitholders nor the Directors, whether past, present, or future, shall be • personally liable therefor. Nothing in these policies shall protect a Director against ally • • liability to which the Director would otherwise be subject by reason of fraud, willful misfeasance, or bad faith in the conduct of the office of Director hereunder. 17 275028,06 • 10/11/85 14:31 12214 522 1887 TRUST CO' TEXAS Apende W, tJo Apcnds Item Date Section 11.06. Ownership of Assets. No Unitholder shall be deemed to have a severable ownership in any l individual asset of the Cooperative or any right of partition or possession thereof, but each Unitholder shall have a proportionsta undivided benefioial interest in the assets of the Cooperative or of a Portfolio of the Cooperative. Section 11.07. Open Records Act; Referentes; Hearings; Principal Office. A. The original or a copy of these policies shall be kept at the office of the Board, where it may be inspected by any Unitholder. All records of the Cooperative and Board will be maintained in accordance with the Open Records Act, B. Anyone dealing with the Cooperative may rely on a certificate by an officer or Director of the Board as to whether or not any supplements to these policies have been made and as to any matters in connection with the Cooperative hereunder, and with the same effect as if it were the original, may rely on a copy certified by an officer or Director of the Board to be a copy of this instrument or of any supplement. In this instrument or in any such supplement, references to this instrument, and all expressions like "herein", "hereof' and "hereunder" shall be deemed to refer to this instrument as amended or affected by any such supplement. Headings are placed herefr, for convenience of reference only, and in case of any conflict, the text of +his instrument, rather than the headings, shall control tr, The principal office of the Board shall be located at 7001 Preston c0 :00, Dallas, Texas 75205, or such other office as the Directors may from to h determine. Sectio: "08, Annual Review, The Board will review these investment policies at least annually, • 18- 276028,08 1 • as 10/11/95 14:34 'D'214 522 7001 TRUST CO' TEXAS Agenda M0,~ 14021/021 Agenda Item Date CERTIFICATE OF SECRETARY The undersigned does hereby certify that (1) (s)he is the dally elected and qualified Secretary of the Board of Directors of Local Government Investment Cooperative, and (2) the foregoing is a true and correct copy of the Investment Policies of The Board of Directors of Local Government Investment Cooperative adopted by the Board of Directors on I'S 1996, to be effective -4!;a-t I 1996, ~ I Name. Secretary Date!_ t f y 27lSM.06 1 Mi'1 t t~~ 1 0 IN, • 0 E r ~l { DENTON E.~ ~s { oao~ooooo000Op 00~~ OF D F O oD~ ~ x Q t 0 °v a CITY 000 OHO 000 r ~ ~OOq OOdO ~ N , ~ p~p0 Qaoa~oooo COUNCIL ~i o -93"~ D3 Apoda No A9erda Date -~1 MEMORANDUM TO: Jennifer Walters, City Secretary FROMI James R. Thomason, Fire Chief DATE1 October 12, 1995 UU 6UHJEM Interlocal Ambulance Agreement Please place the Interlocal Ambulance Agreement for Denton County on the council agenda as soon as possible. You will note that there is a difference of $29,728 from the 1994- 95 contract to the new 1995-96 contract. The County EMS Contract amount is derived from three variables. An amount for total population, numbers of transports from unincorporated areas and total area served. In 1994-95 the per capita calculation was misfigured and based on $0.816. This was adjusted in this contract to the actual amount of $0.782 which when multiplied by the population we serve, 102,247, is $79,957 a loss of $444 from the 1994-95 contract, The second variable is based on the number of patients transported from unincorporated areas. Our records indicate that our transports from those areas was 61 in 1994-95, down by 96 from 157 in 93-94, therefore our revenue in that area is $24,881 a decrease of $29,287. It might also be noted that the County increased the payment for transport from $345 to $407 in this contract. We have made major adjustments in the way we enter and report patient addresses and feel we are better able to track runs to unincorporated areas. The third variable is the total area served. We serve 325,72 square miles. The County Contract allows $363.83 par square mile 0 for 647,16 "rural" square miles. Our total contract amount for area served is $125,021. The Fire Department recommends that the contract be approved as written, if you have any questions, please contact our office. JRT/lh r 1 „ ACende item RESOLUTION NO, A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and in- corporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY ~l GLS D/ BY: • • Agenda tlnP-RiGINAL.. Agenda (tern THE STATE OF TEXAS ) Daie, 1, COUNTY OF DENTON ) INIERLOCAL COOPERATION_ AGREEMENT' „ AMBULANCE SERVICE THIS AGREEMENT is made and entered into this _day of , 1995, by , and between DE.NTON COUNTY, a political subdivision of the State of Texas, hereinafter r referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, ` Texas, hereinafter referred to as "City." r WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and ielated services for the benefit of the citizens of Denton County; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of rkmon County, Texas; and WHEREAS, the provision of cmergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and • WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Health and Safety Cale, Section 774.003 and other applicable statutes and contracts pursuant thereto; • NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: 1 INIEREO(tAl.(WVF.RArIONAOREtNRNI FORAMRULANCR t SERYICPA . DENTON 1995,6 , ,l O } 0 • I c► Agenda No, Apeada Item I. Otte The effective date of this agreement shall be the Is( day of October, 1995. H. i ' The term of this agreement shall be for the period of October I, 1995 to and through l September 30, 1996. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice. i IIf. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which ; I the element of time in transporting the sick, wounded or injured for medical treatment Is essential to the health or life of a person or persons. Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; and 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility; B. "Rural area" means any area within the boundaries of Denton County, Texas, and • without the corporate limits of all incorporated cities, towns and villages within said County, C. "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village. • D. "Emergency ambulance call" means it response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove defined) IN 11'1.RI(k'AL CIXWLRAI]ON AORE.ESO:Nr YON AMHULANCE n KMr.S OLNrON 1995'M G Jv 1 1 ) ca • :Annnda No. tlem~ through the instrumentality of an ambulance vehicle. Wtrhin the _ , might involve the transportation of more than one person at a tinte, F IV, { i A. Services to be rendered hereunder by City are ambulance services normally rendered by P r; City under circumstances of emergency as hereinabove defined to citizens of County, B. THE DENTON Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the 1 sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. V. The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and provide supervision of County's employees, agents, contractors, subcontractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. • V t. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full • compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, subcontractors and/or laborers, if any, in I NiLR1.OCAL(WIPPRAT ION AORLENIL, N1 FOR AAIHULAN(1". SERVICES - MWON 199596 • t e, i w r , Agenda No Agenda Item Oats - } the furtherance of the purposes, terms and conditions of this a j City and County, 4 VII, For the services hereinabove stated, County agrees to pay Provider a fee of $229,859.00 ' based on a funding formula as follows: First, the readiness sum is ,782 per capita based on I, populatlon, for a maximum of $79,95700. Second, a sum of $407,88 per ambulance run will be paid, for a maximum of $24,881.00. This sum Is based upon the number of runs made by i Provider in fiscal year 1995. Third, a fixed sum will be paid based on size of covered rural area, t for a maximum of $125,021,00, Payments will be paid quarterly, commencing or October 1, l 1995. The remaining payments shall be made respectively on or before lanuary 1, 1996, April 1, 1996, and July 1, 1996. The population and mileage figures used were obtained from North t: Central Texas Council of Governments. An ambulance call is defined as the actual treatment and 4 transport of a patient to a medical facility. If the patient is not transported, there would be no ambulance call according to this agreement. The Provider transporting the patient shall receive payment regardless of the service delivery area in which the hall originated. The Provider shall submit all requests for payment using a standardized ambulance transportation reporting form approved and provided by the County. The form shall be submitted within five (5) days of performance by the Provider. Reporting forms shall be completed in full and contain accurate patient information. Forms may be submitted by personal delivery, U.S. mail, facsimile, or computer link, Completed forms shalt be submitted to the office of the Denton County Fire Marshall. • VIII. i County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents. • IX. • J City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all 3 City's officers, employees and agents. INPERLOCAL COOPERATION AGREEMENT MR AMBULANCE 4 - SERVICES OENTON 1"5.96 n, ! 4 ~ ; • 0 w • I 6. ' ~~1i2n47 IIp . X. Ott _ In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) I! days after notice to the other party in writing of such default and intention to declare this agreement r. terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement, ; XI. I This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, City shall be t compensated pro rata for all services performed to termination date, together with reimbursable ; expenses then due and as authorized by this agreement. In the event of such termination, should City be overcompensated on a pro rata basis for all services performed to termination date and/or iS be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. G, XIL The fact that County and City ac(:ept certain responsibilities relating to the rendering of ambulance ger;ices under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the. extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions, Xlli. • This agreement represents the entire and integrated agreement between City and County and + • supersedes all prior negotiations, representations and/or agreements, either written or oral, This ngrrement may be amended only by written instrument signed by both parties. i J INURLOCAL (OOP ERAI ION AOR 1 I:M C Nr FORAM H ULANCH C i SERVICES - DHNl& I'M3 96 5 a • o Ie r • Agenda No.., Apenda Item XIV. 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, XV, In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effoo to the extent possible. XVL The undersigned officer and/or agents of the parties 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 any necessary resolutions extended said authority have been duly passed and are now in full force and effect. 1 • I I IRLOCAL COOK RAT ION AO RUMU NT FOR AMBULANCE - i SF.RVICF.S bRNiON 199596 6 i ~ t( 4 -~...--:~..,„_..,e....yrr.............y.,, . is•wwrrwia.a~an+:.-, r~...., - • S i , 2 11 ) i~M1 ( 411w 1. JI. to `l Agenda NP. Agenda Item EXECUTED in duplicate originals, this the _ day of ' COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 BAST MCKINNEY DENTON, TEXAS 76201 DENTON, TEXAS 76201 By Jeff Moseley T do Denton County Judge Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commissioners Court of DENfOM TEXAS Denton County, Texas, ATTEST: ATTEST: BY: _ BY: Tim Hodges City Secretary Denton County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attomey City Attorney _ APPROVED AS TO CONTENT: APPROVED AST ONTENf: FE, V Denton County Fire Marshal! ire ief A i i • r IN rFRLfNlAt, CYWPERATION AUREPAENI' FAA AMAULAINT SERW S DEMON 199396 I i t 1 , ~t4.w1 h ej , r'1 At y"fir 455 fG • • s PHOTOCOPY Denton CounIyl Ambulance Districts \l ~ y v t- 4 -~-iL u , 111 P ' I r 1 ~i i i 'I • ~y'~ I ~ - t yl 1: r: 1,4. . J" ' Inli l~ MLJf Ca rir • ~ 1 ~ Icy' 1 a~'i.'IJr :~•3;~ ,fJ L i + ay. -r-.F,•w 4 1 I 1 I It I • 1i'~t'cr~.{'1111 r.., ~t 1 li 1. KN • F•1 ~ k1111 G11111 11111 (.11111 $1 Como '1111 !j { IIl'1 I; 11,111 II_ I _~1ar O A I DENTON t pz oo °°°°0o0 0000 4-~ a o o q d , ppp T 0000000 ~p~~ ~ N , ~ ~QpO ~~a~aaa~o CITY COUNCIL I • w • DATE:. O,'ptoipW 17, 1995 CITY COUNCIL REPORT nJ ~7 TO: Mayor and Members of the City Council l 7- 9.-'V FROM; Lloyd V. Harrell, City Manager SUBJECT: NOMINATIONS TO THE DENTON CENTRAL APPRAISAL DISTRICT APPRAISAL REVIEW BOARD RECOMMENPM10W Staff has no recommendation, SUMMARY: The Board of Directors of the Denton Central Appraisal District has requested that the City nominate a candidate for possible appointment to the Appraisal Review Board. Please do not confuse the nominee for the Appraisal Review Board with the election for the Appraisal District Board of Directors. Members of the Appraisal Review Board serve two year terms. As you are awaro, the Appraisal Review Board hears all appeals that are presented to the Appraisal District during the months of May through July and throughout the rest of the year as appeals are requested. Since this is a very time consuming process during May through July, the individual who serves on the board should be available full-time during these months, Though the Appraisal Review Board members are nominated by taxing jurisdictions they are appointed by the Appraisal District Board of Directors. Nominations are due to the Appraisal District by November 1, 1995. The Board of Directors is scheduled to make their selection during their November meeting. I have attached information from the Appraisal District concerning the qualifications, appointment, and compensation of members of the Appraisal Review Board. Also attached is a list of current Appraisal Review Board members and their terms. pROQUM& _ t 9FARTMENTS OR GROUPS AFFEQTED: Their are no specific departments or programs affected by this nomination. FISCAL IMPACT: There is no direct fiscal impact. Respe ully : o d , l City Mana ger • Prepared by: _ Jon F r Or h e Finance offlcar APpro yl by. Keth D~Bos Feecutive Direclo of Finance AFFOOFCS • - w • DENTON CENTRAL APPRAISAL DISTRICT Agent No 0611 MORSE STREET V 1/ 1 . aox ate OENTONW,,o TExA9 78202-26th i t7 817.56&0904 _ Gtl1 f ` 3 ti ~ i MEMO I E TO: All Jurisdictions FROM: DCAD Board of Directors DATE: October 2, 1995 SUBJECT, Nominees For Appraisal Review Board The Board of Directors of the Denton Central Appraisal District requests that your jurisdiction nominate a candidate for possible appointment to the Appraisal Review Board. We have enclosed the qualifications for appointment to the Appraisal Review Board, and a questionnaire form. Please have your nominees review the qualifications and fill out the enclosed questionnaire if possible. The questionnaire needs to be returned to the Appraisal District by November 1, 1995. The Board of Directors will make their decision at their November Board of Directors meeting, Please do not confuse the nominee for the Appraisal Review Board with the election for the Appraisal District Board of Directors. If you have any questions please call. • ;i I 1 I 1 13 • • , AgOndd llem APPRAISAL REVIEW BOARD Qualification, Appointment and Co tion 4 ' Who Can Serve? To serve on the ARB, you must have lived in the appraisal district for at ]cast two years t before taking office, You don't need any special qualifications, but you may not serve on the board if you are;` 1. An appraisal district director,, 2. An appraisal district employee or chief appraiser. ' 3. A taxing unit officer or employee, 4. An officer or employee of the Comptroller of Public Accounts. l' i' t You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for i' property tax purposes in the appraisal district. Relatives barred are those within the second degree of consanguinity or affinity. If you knowingly violate this provision, you commit a class B misdemeanor. This provision took effect September 1, 1989, and applies only to ARB members serving terms that began after that date. The law also bars from ARB service members who contract with the appraisal district or with a taxing unit in the appraisal district. The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. Likewise, the same taxing units and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest. Substantial interest is defined as either: 1, Combined ownership by the member or the member's spouse of at least 10 • perce,it of the voting stock or shares of the business. 2. Service by the member or the member's spouse as a partner, limited partner or officer in the business entity. • You may also not serve if you hold sorne other paid public office. The Texas • Constitution does not allow a person to hold more than one, paid public office. • O 1 . 1 • APenda No Ap+ndr I!t M ARD Terms and Size oat(: _ Members serve two-year staggered terms; approximately half the member's terms expire each year. Terms begin January 1. The appraisal district directors appoint ARB members by a majority vote and record their decision in a resolution, Terms are limited based on the size of the population in the county served by the appraisal district. A person in an appraisal district serving a county with a population of more than 50,000 may not serve more than all or part of three terms on the ARB. After completing the third term, the person may never serve on the ARB again, ARR `o sa Ian The ARB receives a $50.00 minimum for a half day and $12,50 an hour for any hours worked after the $50,00 minimum. The maximum pay is capped at $100,00 per day. ARB regular meetings are the third Wednesday of each month at 9:00 A.M. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will be from 9:00 A.M. to 5:00 P.M. • i t~,. ~ ~ • )l"mot a,~.}~ZU nee Ail' t t 11: ( , , : 1 ! ( ~ A 1 h~, 11 ~ • • I_19nNdi,PJO ~1OSn9~ 4an 0310 The Board of Directors of the Denton Central Apprais pistrict.is----- considering you as a possible member of the Appraisal Review Board. The Board of Directors will choose five members for two year terms, The selection will, be made at the November Board meeting. Would you please answer the following questions and return to the District by November 1, 1995, f P Name _ 9dPresg Address ...v ~ i Phone ( Jeri adictio 1. Would you be willing to serve? if so you would need to be available from mid May unt 1 the end of July. The Board meets from 9:00 a,m, to 5:00 p.m. until the roll is certified. There will also be meetings periodically throughout the year. 2. How long have you resided in Denton County? 3. Occupation 9, Do you have any prior experiences serving on an appraisal review board or any board that has to do with property value? I 5, Could you make a decision based on evidence rather than feelings for the taxpayer? _ 5. The property tax code requires that all property be valued at 100& of market value. Could you keep this in mind throughout the proceedings? 71 Would you be willing to work nights and weekends if • necessary? The Board of Directors will notify you of their decision. Board of Directors r Denton Central Appraisal District .y/ r ' r 0 0 r OCT-10-1995 09113 FROM DENTON FPPRRISW.. DISTRICT TO 6 P.02 Agenda No, 1025 APPBAISBL REVIEW WARD kenda Item Dalc Original Term - Jan 1990 Term Lxpiree 12/31/95 OSOXIN GEORGE P.O. Box 21 Aubrey, Tx 76227 817-355-2187 original Term - Jan 1992 Term Mires 1'2/32/95 JIMMY FRSYTAG P.O. Box 293773 Lewisville, Tx 75024 214-221-7120 Original Term - June 1992 Term Sxpires 12/31/96 CHARLES MORRIS Route 2, Box 184 Carrollton, Tx 75010 214-306-9440 Original Term - Jan. 1995 Term Expires 12/31196 ROLAND Ll1NBY 2508 Robinwood Lane - Denton, Tx 76202 817-382-'g035 Original Term - Jan. 1990 Term Sxpires 12131/95 BILL ALB)LWER P,O. Box 517 Pilot Point, Tx 76258 817-686-2355 original Term - Mar. 1994 Term Expires 12/31/95 O.W. BILL MCKSR 1605 Melinda Court Flower Mound, Tx 75028 214-539-8181 original Term - July 1993 Term Expires 12/31/95 GLENN JOHNSON 14462 Blair Road Justin, Tx 76247 817-479-2397 Original Term - Jan. 1993 Term Sxpires 12131/96 WALLACE BATEY ! Rt. 2,Box 525 Denton, Ty. 76201 817-382-9437 Original Term - Jan. 1993 Term Bxpi°rea 12/3i/96 0 CLIFFORD BOND ; P,o. Box 626 Justin, Tx 76247-0626 817-648-2698 1 1 • c0 l 1 DENTON t a- tO~ 0 D F 0o/ 000 ~ ~ ~ 00 00 o Op 0 0 0 o a 0 fl0 0 OO 000 r ~ ~-qqq OOgoN ~ O~Oq ~aaaaaaoo ITS' ~ . COUNCIL _ as • ~otna+ wo6 ~3 ApMd~ Ibm~,~ DW CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 17, 1995 SUBJECT: Denton Development Plan Update Program RECOMMENDATION: The Planning and "Zoning Commission recommends approval and that Council appoint an update committee and begin the process as soon as possible. SUMMARY: See attachment 1. BACKGROUND: a Council voted 3-3 on October 3, 1995 to table consideration of adopting the program to first meeting of February, 1996, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; Master Planning; Planning and Development, Engineering, Economic Development, Utilities, Parks and Recreation, all of Denton FISCAL IMPACT; $82,610, see attachment s, • RESP ' FULLY SUB I ED: Al~ arrell, City Manager Prepared by; • • • Frank H. Robbins Director of Planning and Development - w Ap Ws No. A"We Item tote City Council Report Page 2 ATTACHMENTS: 1. Update Program 2. Update Policy 3. P&Z Minutes. 4. DDP Reso krces, I AXXOM5 • i , 11. / ~ 111 1 S I 1 1 r Izl r.Jrr ail j.~~l fill ~i~f Ala l,a~ c, • Awds No. Ap rids from Date t ATTACHMENT i cR DENTON L EVELOPMENT PLAN UPDATE PROGRAM 1. Conduct a major update. 1 j: 2. Council appoints a development policy committee that would recommend to P&Z, who would recommend to Council amendments to the Denton Development Plan (DDP). Yy 3. Makeup of the development policy committee, 7-15 members representing • P&Z' • Council; • Neighborhoods • Busines3 and/or development interests 0 Appraisers • Architects 0 Professional engineers • Professional plamters • Each geographic area of the community Js 0 DISD representative i Chairperson appointed by Council. 4. 'Phe committee may form subcommittees and allow participation by pers'ns not appointed to the committee on the subcommittees. Subcommittee chairs appointed by committee, 5. Proposed scheduler 0 Council considers DDP Update Program: October, 1995 0 Council appoints committee: October, 1945 • Committee orientation and staff data gathering: November, 1995 I • Committee begins exploring major issues and considers forming subcommittees: December, 1995 • 0 Remaining time: 1 year or longer r 0 0 • c,+ • r nq¢nda NO npenda ltem 6, Proposed committee and subcommittee meeting limes as e~I subcommittees; • Twice a month, on Mondays or Thursdays, and depending on subcommittee work and schedules. • Some weekend retreat or focus group long meetings, 7. Allow piecemeal or iterative amendment of any part of the Denton Development Plan at any time rather than adoption of the whole plan at once, 8. Allow the Committee to recommend ordinance amendments at any time. 9. Amend the concept map through sector planning. 10. Major issues for initial exploration by the Committee. a. Revise the Concept Map. Refine intensity area boundaries and Appendix A study i area boundaries. • Complete this project by ;neighborhood or sector planning for detailed planning. • Adopt a goal of the Concept Map, the zoning map, and actual land use being the same. Deal with existing zoning which is inconsistent with current intensity area designation, b. Revise the Thoroughfare Plan. Add the collector street system. C. Expand the planning area to the ETJ. d. Consider adding water, wastewater, parks, drainage, and school master plans. i I c. Conduct studies and consider increasing intensity along 1-35 and Loop 288, while improving the community's attractiveness and brand image along major entranceway corridors, f. Reline policy statements for instance: • 1) No more than 1/3 of moderate activity area can be commercial or retail. 2) No more than three corners of a moderate node may be commercial or O • retail. 3) Site plan policy that may require PD zoning in most zoning to nonresidential use. 1 , • l • Agenda No, Agenda Item.. Date 4) Refine 1/2 mile separation policy adding, "on the . 5) Multifamily policy, the current policy defines multifamily at 12 units per acre or greater. g. Shorten the Plan by deleting land use projection data and consolidate policy statements. h. Include analysis of Vision developed strategies. e Axa0091Pa i I , • C4 • i, ltadala lreeadura ATTACHMENT Agenda No, i Update Daily Along with Itelaliffill e • (Zoning# Subdivisionss etc.) Staff Summary Reports The staff report on all City Council/planning and Zoning Commission decision items shall ' clearly relate alternr.tiva decisions with impact on appropriate polictes in Pis plan, a. If a decision Indicates a corresponding policy change is required in the want them 1} The staff is required to draft a modified policy change and present it to the quarterly study session of the scheduled Planning and Zoning commission. 7) The City council will make final review I of A potential policy change and Incorporate said change in the plan. b. Any Planning and Zoning Commissioner or city council Meaber may present a proposed policy change whether or not a pending or recent Land Use decision has been made. The proposed change is forwarded to the Planning and zoning commission for its review and r recommendation to the city Council. 1 AAA0001 -Los 1. , ca Aou& Qum Date e. An July the entire pian e Planning and Zoning Ccxxission Agenda for recommended minor modification or re-adoption. After study, the Planning and zoning Commission is required to forward a recommendation to the City council at its second meeting in October. b. The City Council will accept the planning and toning Commission recommendation or modify the policies and adopt the plan as a policy document for the upcoming year, 7. general Policy for Major Update F This plan is to be updated approximately every five to ten yearn. a. Update dependent upont ' 1) Population Growth a) Extent of amendments during preceding years (more amendments--sore need for general update) b. The process for updating the plan will be determined during its annual evaluation. • AAA0001 - 107 l O ' ;V 4~1 M O , , ATTACTIMENT 3 u P&Z Minutes Date August 23, 1995 Page 43 ,i IX, Discuss the update of the Denton Development Plan and give staff direction, j 1 Mr. Robbins: Starting on page 232 of your backup you have a staff recommendation associated with the annual update of the Denton Development Plan. At a previous meeting we discussed starting this process In August. This is really to seek your direction, to bring this back to you on another agenda and vote on it. There are a number of details in the recommendation about the annual update. Staff Is going to recommend that we have a s major update which means that all of the policies, all of the neaps, and all of the area would be open for consideration. We would suggest that you put It on your next mating, The Council would begin the process of actually updating the Denton Development Plan in October. Staff recommends that Council appoint a land use planning committee. There i are a number of options of who would help the Council, and the Planning and Zoning Commission review this, The Planning and Zoning Commission could be the body that F` would review it. Generally most cities, when them is a major update there is a separate committee that is appointed because the of the detail and the length of the work, It could take up a lot of time on your agendas or you would have to have special meetings, We are recommending that the Council appoint a committee to do the update. They would i have to make their recommendations to the Planning and Zoning Commission and then you would make your recommendation to the City Council. We proposed a seven to fifteen { member committee, with a list of folks that would represent these various sort of groups, The Council will appoint the chairperson. If a chairperson is not appointed up front then leadership is hard to establish at the beginning. Major recommendation is to allow 3 subcommittees to be formed and people that are not appointed by the Council cau be part of the subcommittee. The subcommlttee chairs would be appointed by the committee, The committee would really begin to do their work at the beginning of next year. It is a long term process. The committee meetings could be w a couple of times each month, potentially on a Monday or Thursday when P&Z and the City Council don't mat, 1 Another substantial recommendation, rather than bringing in the whole plan at once for approval the committee could bring it piecemeal. That would allow us to get through the process sooner. Staff is proposing In Item ten some of the major Issues that could be • considered by the Commission or the Council that they may want to add to the charge, or you may not want to state specifically the Issues that need to be addressed. I think one of the best ways to do the amendment of the concept map Is to do it sector by sector. This j is how the City of Ft. Worth does their map, One of the most important issues is the intercity and the concept map, current zoning and current land use and the intensity areas that they are in. What do you want to do? Do you want to continue to do It the way we • have done it since 1982 in which you have zoning and land uses that are irconsiswnt with • O the plan, but there is no implementation mechanism laid out In the plan to make that area consistent with the plan. Are we going to do that , again it is going to depend on the area. There will be circumstances where we don't want to have that existing use or • 1.. ea • I_. i Apenda Vera - ' P&Z Minutes oa:e. August 23, 1995 Page 44 existing zoning that way and we really need to change the zoning map as well as the plan. That could become an element of the Denton Development Plan update. Not only would } I we be looking at the concept map, but we could have zoning cases come out for recommendation. The thoroughfare plan needs to be amended. I would hope that we , could expand the planning area out to the extraterritorial Jurisdiction. It Is not now, We I` require consistency with our master plan, but we don't have any master planning done in some parts of our EP1. We might add the water/wastewater, parks drainage, and school master plans to this. The I-33 and the Loop 288 corridor and the land uses and the master planning along that arc going to be big issues. I would recommend that the plan be shortened. An example that the committee may look at would be the Ft. Worth layout' which is a concept map on one side of about a 36 by 36 piece of paper with their thoroughfare plan on that map, and on the other side is all of the applicable polk.es. I think that sometime during this process the Vision Cabinet will mr' a their recommends- bons and I think that all of those strategies and plans that they have came up with should M included in the analysis of the Denton Development Plan update, is Ms. Ru5.sell: I think thm this would be good but I would really like to sec this time table moved up, I would hope that we could get started on this in November and have the committee started in December. r Mr. Robbins: The Cmwil is doing budget and they will be doing tkklt every Tuesday until the middle of September. The Denton Development Plan also says that the Council receives P&Z's recommendation in October. That Is why we are really thinking about October, I thought that the October/November time frame would give the Council time to fund people for the committee Ms. Schertz: I totally agree that we need to expedite it as quickly as possible. Ms, Russell: I would like to see us have this ready for them at the earliest possible time. Let's be ready to go to Council by the first week in October. • Mr. Robbins: Would you like me to have this on your next agenda for consideration and making a recommendation to Council? (General consensus) Mr. Jones: I think that you will have: a hard time bolding a committee together for two ® years. I would rather put a date there that says a year, and then if It goes beyond that • • because the work is not done then that is okay. • it • • A F tP&Z Minutes September 13, 1995 Page 33 f XU. Consider a recommendation to city council concerning the update of the Denton Development Plan, Mr. Robbim We held a work session at your last meeting and we have amended that schedule to coincide with your recommendations, The staff recommends to the Planning and Zoning Commission that they recommend to the City Council that the Denton Development Plan be a major update and that a program is recommended and attachment to be followed. Ms. Russell; I recall that we wanted to move some dates up. Is this reflected In thin? Mr, Robbins: Yes it moved up the process by a month. 1 am giving the Council two ; months to appoint a committee in October and November, if they appoint a committee in October then they could get an earner start, The update policy of the Plan says that it goes x to the Cottra:il in October, The nomination and appointment proem has not gone real ,a quickly. We compressed the schedule by a month, ' Ms, Russell: Could we present this to them before October since they are finished with the budget? Mr. Robbins. This is going in their backup for this week's "that was the week that wan," The Council is going to be informed of the process in the manager's normal commuW a- t. tion to the Council. Tbey are done with their regulu meetings for September, Ms, Russell, My thlnking is that we can let them know about it the first week in October ` and they could have the committee appointed by the end of October ready to go by the first of November. t Mr, Jones: Since we are only talking about a committee of seven to fifteen members, we am only talking about each Council member appointing one or two people. It is not like the Blue Ribbon Committee where they each appointed seven or eight people. • Ms, Russell: Do I sense agreement that we ask that they have a committee appointed by the end of October? Could we have the committee eaploeng major issues in December? (Consensus of Commissioners.) • Ms, Russell: Can we change that then? Orientation will be in November, strike • December, On December to February, strike February and go from there, Do we need to vote on that. t • O • • 40e da no n9a-a P&Z Minutes oar -t r' September 13, 1913 Page 34 Mr. Robbins: The motion go m -4.hing like this, move to recommend to the Council that the Denton Devciamn„,rt Plan undergo a major update and that the program as attached and as amended , V Cl- -1 airsion to followed. Mr. )ones: So move. Mr. Powell: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) XIII. Work Session. e • Hold a discussion concerning the major elements of the new zoning ordinance wW give staff direction, Mr. Robbins: I am not sure . , we could begin the presentation and deal with a coupte of the issues that are on outline but the whole presentation will take about thirty to forty- five minutes. The purpose of the work session is to update you on it and then we what other issues you might want us to explore in frtrtber detail before we bring the ordinance to you. Mr. Powell: I would recommend that we reschedule the work session to do it justice. I would like to schedule a work session when we don't have all of these other things to conskkr. Mr. Robbins: Would you like to choose an agenda date? Ms. Russell: Could we do It the first Wednesday in October? • Consensus for October 4th. XIV. Director's Report. Mr. Robbins: No report. f • XV. Future Agenda Items. • Flood plain management work session. Determine the date and time, and give staff directions. i • ATTACliMBNT 4 AoenOIJo Agenda Item CITY OF DENTON Date. - ` DENTON DEVELOPMENT PLAN UPDATE PROJECTED RESOURCES & BUDGET TASK/ACTIVITY PROF. SUPPORT EXEMPT NON- MATERIAL STAFF STAFF STAFF EXEMPT & OTHER HOURS HOURS COST STAFF COSTS` COST 1. Appointment of Development 20 4 $800 $62 Policy Committee. 2. Notificatlon to residents re: DDP 4 50 $84 $631 $8,000 f update, 34 Development Policy Committee 1491 865 $23,970 $10,132 $1,825 meetings, 12 months, 2 per month. Forecasting, research, mapping, and policy analysis ;`r } presentations. (24 Subcommittee maetings, 2 per month,) J . 4. Consultant, study, and evaluate 60 $1,701 $7,600 toptions for corridor development. Present policy recommendations. r 5, Meeting with neighborhoods. 620 520 $12,369 $8,497 $1,125 52 meetings. Conduct research, policy analysis, and mapping. E, r. 8. Compile drafts for presentation 200 360 $6,926 $5,583 $926 > to P&Z and City Council. 7. Prepare final plan for adoption. 176 170 $4,77b $2,648 $926 • {3) (2) (1) TOTAL L2,471 1,769 $49,618 $25,653 $20,300 1. Thlo amount has been Included in the 1995.96 Budget • 2. These costs are for staff work during normal business hours and are Included In the adopted Budget, • 3. These costs are for professlonal staff work during normal business hours (2,021) and overtime hours (450) for which I no overtime compensation is required, d axxcossti . Q I F- 4SY~; K~ DENTON "Y fi a'. oooao oar~aoo ooo° p A F °oo o ~ o 00 QGO ~ o . sti D ~ i4^ C l c::3 QJ Q r 00,00 Oho 4P °~aao~aoaoo F CITY COUNCIL • • x-032 Apenda::cm /a - 17. 9S Date CITY OF DENTON TMS MUM0PAL SOLDlNO • DENTON, TEXAS 76201 • TELEPHONE (817) 688.8307 , OfUce of the City Manager MEMORANDUM DATE: October 11, 1995 ur TO: Mayor and Members of the City Council FROM: Jennifer Walters, City secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies. Electrical Code Board - Trenton Williams was not eligible for reappointment. This is a nomination for Council Member Brock. Keep Denton Beautiful Board - Candice Salomone has recently resigned. This is a nomination for Mayor Pro Tem Biles, if you require any further information, please let me know. er Wa ters y C ACCOOOF4 0 • 0 S 'Dedkatrd to QwIIty &rrla" 4 q4 - ' ' 5,y Ztt x tai r•f~i's sSge. • • fF i . tr l 1-~ r- ti i i Csl f' .1 ~ (1 I !6~' i i r* t 4 I • 4