HomeMy WebLinkAbout08-31-1999
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August 31, 1999
Agenda Packet
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CITY OF DI:NTON ( ITY COUNCIL
August 31, 1949 DIZ 7- tom""' r
After determining that a quorum is present and convening in an open meeting, the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, August 31,
1999 at 5:15 p.m. In the Council Work Session Room at City Hall, 215 E. McKinney, Denton,
'Icxas to consider specific items when these items are listed balo.v under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed hiceting
section of the agenda, the City Council will not conduct a closed meeting at 3:15 p.m, and will
convene at the time listed below for its regular or special called meeting. Council reserves the
right to adjoum into a closed meeting on any item on its open meeting agenda consistent with i
Chapter 551 of the local Go%ornment Code as set forth below.
ANY FINAL ACTION. DECISION, OR VOTE ON A NIA1TER DE11BERAM) IN A CLOSED
MLIiNNO WILL ONLY LIL TAKEN IN AN OPEN MEETING T'IIA'f is FIELD IN COMPLIANCE
W11 H 1 EX. GOVT. CODE CIL $31, 1111i MY COUNCIL RESERVES THE RIGHT 10 ADJOURN
IN1O A CLOSED MEETING OR EXE.CUIIVF SESSION AS AUTHORIZED BY TEX. GOVT,
CODE SEC. 551.001, LT SEQ. (TEXAS OPEN MFF1INGS ACE) ON ANY 11T M ON ITS OPEN
Nil11:1ING AGENDA OR TO RECONVLNE IN A C'ONI'INLIATION Of THE CLOSED MEETING
ON 111E CLOSED MEEIINO HEMS NOTFD ABOVE.. IN ACCORDANCE WITH I11L TEXAS
OPEN ME11'INGS ACE, INCLUDING, WlfliOUT LIS1IfATION SECTIONS 551.0;1.551.085 or
111L OPEN h1LFTINGS ACT.
Special Called Mating of the City of Denton City Council on Tuesday, August 31, 1999 at 6:00
p.m, in 6c Council Chambers in City [fall. 215 F. McKinney Street, Denton, Texas at %%hich the
follow'ng items will be considered: r
I. Receive a report from the CIP Blue Ribbon Committcc Chairperson.
2, Comidcr adoption of an ordinance authorizing the City Manager to execute a
memorandum of understanding between the Donlon Affordable Housing Corporation and
the Singing Oaks N'eighhorhood Association specifying the terms of the agreement
concerning the development of Toledo Court; and providing an effective date.
3. Consider approval of a resoletion by the City of Denton. Texas, authorizing the City
Manager to sign and submit an amendment to the 1999 Aclion Plan j+r 11ouxing and
Community VeMopnient submitted in June 1999 to the VS. Department of Ilousing and
(!than lk.%dopmem with appropriate certifications, as authorized and required by the
Housing and Community Development Act of 1900, as amended; and providing an
effective date.
4. Consider adoption of an ordinance of the City Council of the City of Mnlon, Texas
approving the 'Third Amendment to th Agreement Msveen the City of Denton and the
Denton AlTordab!e Ilousing Corporailon; authorizing the City Manager to execute the z
'Ehird Amendment and to expend fends with respect to the Third Amendment; and '
pro%idingforaneffective date. 5. Hold a public hearing and receive citizen input on the 1999.2000 proposed budge.
City of Denton City Council Agenda
August 31, 1999
Page 2
6. Hold a public hearing on a proposal to adopt a tax rate of S.SOB15 peg $100 valuation
which will Increase total lax revenues from properties on the tax roll by seven point
seventy-seven (7,77) percent over last year's tax revenues.
7. Consider approval of a resolution of the City Council of the City of Denton, Texas
announcing that it will vote on a tax rate at its regularly scheduled meeting of September
7,1999; providing for publication of mice of such vote on the tar rate; arvi providing an
effective dale.
8. Receive a report, hold a discussion, and give slafr direction regarding the 1999.2000
operad, g budget and the 2000.2004 Capital Impmvement Pre tram.
9. New Business
This item provides a section for Council Members to suggest items for future agendas.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of _ ,1999 at o'clock (a.m.)
(P.m,)
CITY SECRETARY
NOTE, THE CITY OF DENTON CITY COUNCIL CIIAMBERS IS ACCESSIBLE IN
ACCORDANCE %%'1TH THE: AMERICANS W1 Ill DISABILITIES ACT. ME CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTS'.;) AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (Tull) BY CALLING 1-900-
RE LAY•1X SO 77TAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE MY SECRETARY'S OFFICE.
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CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER -2114 E. MolanMy atr«PDmto Teeth 11201
MEMORANDUM
DATE: August 27, 1069
TO: Mayor and Members of the City Council
FROM. Rick Svehla, Deputy City Manager
SUBJECT APPEARANCE OF EULINE BROCK AS CHAIRPERSON, CIP BLUE RIBBON
COMMITTEE
Ms. Brock will be appearing at the Council meeting Tuesday evening to discuss our schedule
with you. The Committee's recommendation to you is for the CIP Committea to finish its work
on October 41" and October 111. She Is suggesting a joint public hearing of Manning &Zoning
and the Council on October 13"' with a recommendationtu be acted upon by P&Z to Council;
and, then a public hearing on October 10 at the regular City Council Meeting. The
Committee Is recommending that on November 2nd the Council consider the recommendation
and call the election. That would still leave the October 28'^ work session for further Council
discussion or modification, Ms. Brock and Mr. Charles believe that this will give us time to
submit the January election to the Justice Department as well as allowing enough tim- ! for the
campaign activitiesto proceed In an orderlyfashion. Ms. Brock will be available at the I;ouncil
meeting to answer any other questions you might have or call her at 382.2438. If staff can
f nd ou ny Information for you, please callus at your convenience.
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Rick Svehla
Deputy City Manager
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AGENDA INFORMATION SHEET
AGENDA DATE: August31,1999
DEPARTMENT: Pianning and Development
CMlDC11IIACM: David Hill, 349.8314
SUBJECT
Consider approval of an ordinance authorizing the City Manager to execute a
memorandum of understanding between the Denton Affordable Ilousing Corporation and
the Singing Oaks Neighborhood Association specifying the terms of the agreement
concerning the development of Toledo Court; and providing an effective date.
BACKGROIND
Through discussions with Singing Oaks neighborhood representatives and officials from
the Denton Affordable !lousing Corporation, the City Manager has developed a Memo of
Understanding rcga! ding the Toledo Court Subdivision. The memo Includes the
following agreements:
• DABC will reduce the number of homes in the subdivision from six to four,
• DA11C will replace and/or construct fences on sonic properties,
• hAf 1C will convey a portion of the vacant center lots to each of the four hornebuyers,
6 DAl IC will construct an utochcd garage on each of the four units,
• The City will negotiate and execute an agreement that provides DAHC $98,000 In
19991IOME funding. Up to $13,000 may be used for the Toledo Court project and
$20,000 will be allocated to operating costs.
ESTINTATED SCHEDULE OF' PROJE
The Toledo Court Subdivision proicct is scheduled to be completed on or before
December 31, 1999,
' 10KACTION/REVIEW(Council,Boards.Commissions)
Previous Council discussions concerning the 1999 Action Plan and the Toledo Court
project inctcdc the following:
May 11. Public I leaning - Council directed staff to prepare a work session item to
discuss the funding allocated to DAIIC based on comments from residents of the
Singing Oaks neighborhood.
• May 25. Work Session - Council members voted 4 to 3 to leave DAHC finding ~
allocated in the 1999 Action Plan as recommended by the Community Development '
Advisory Ctmmittee,
• June 1. Regular Session - Council approved a revised Action Plan to omit funding to
DAI IC and set up a CHDO set aside for a housing purchase, renovation and sale
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program. Stuff was also directed to include an item on the next agenda regarding a
possible "stop work" order at the Toledo Court project site.
• June g, Work Session - Council member Roni Beasley requested that Council delay
.:aion on the stop work order allowing DAHC and Singing Oaks nelghbo,hood
residents to meet and discuss a possible compromise. Council members agreed to this
request.
• June 13, Regular Session - Council members discussed the results of the meeting
between DAHC and neighborhood residents. Council directed the City Manager to
continue discussions with DAIIC and develop a memo of understanding.
• July 27, Work Session Council members agreed that the amendment to the Action
Plan should be approved. They also requested revisions to the Third Amendment to
the agreement between the City and DAIIC, Council directed staff to prepare
ordinances for the approval of these documents and the Memorandum of
Understanding regarding the Toledo Court project.
FISCAL INFORMATION
$73,000 in 1999 HOME program funding has been set aside for the Toledo Court
Subdivision project.
BID INFORMATION
N/A
A3:1& =EM
Ordinance authorizing the City Manager to execute the Memorandum of Understanding,
pages 3-5.
Respectfully submitted:
k` ~+~-Asst. Director of Planning and Development
Prepared by:
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Barbara Ross
Community Development Administrator
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORAN-
DUM OF UNDERSTANDING BETWEEN THE DENTON AFFORDABLE HOUSING} COR•
PORATION AND THE SINGING OAKS NEIGHBORHOOD ASSOCIATION SP£CUYING
THE TERMS OF THE AGgEEMENT CONCERNING THE DEVELOPMENT OF TO:,EDO
COURT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton Affordable Housing r^rporatlon ("DAHC'), the Singing Oaks
Neighborhood Association, and the City, represented by its City Manager, have negotiated an
agreement for the development of Toledo Court; and
WHEREAS, the unde.rstanding of the parties has been reduced to a Memorandum of Un-
derstanding which the City Council deems it in the public interest to approve; NOW, THERE-
FORE,
THE CITY COUNCIL OF THE CITY OE DENTON HEREBY ORDAINS:
UXuON 1. That the Demorandum of Understanding between the City, the DAHC, and
the Singing Oaks Neighborhood Association specifying the conditions of the development of the
Toledo Court protect, substantially In the form of the attached Memorandum of Understanding
which Is made a part of this ordinance for all purposes, is hereby approved: Ths City Manager Is
hereby authorized to execute the ritached Memorandum of Understanding.
SECTION 2. That the City Manager is hereby authorized to make the expenditures and
take the actions set forth In the attached Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
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PASSED AND APPROVED this the day of ,1999•
JACK MILLER, MA1 U%
ATTEST: .
ENNIFER•WALTERS,GITY SECRETARY
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APPROVED AS TO LEGAL FO I js~ o
HERBERT L. PROUT CITY ORNEY r,
BY: _
• Page 3 „
I J NAMED D[1 rLCL*e D*~, ",.do W.0,&4w s.
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MEMO OF UNDERSTANDING
Toledo Court Subdivision
A Memorandum of Understanding between Denton Affordable Housing Corporation
(DAIIC), Singing Oaks Neighborhood and the city of Denton specifying the teens of
agreement between parties concerning the development of Toledo Court.
DAI IC agrees to:
• Reduce the number of homes in the subdivision from six to four.
ahomes s will be located on the four
The four
designed in the plat, will face tovwd the two center lots of
the plat.
interest An undivided quarter emaining homebuyers bywhatever legal mechan sm is deemed appropriate the four
• Dch homeowner will be responsible for maintaining their share of the property,
removing the house located the lot 4 off the site altogether on lot 3 to tot S and
• The completed foundation work on Iii,. 3 and 4 will have to be removed. '
• Wotk with Singing Oaks subdivislot, property owners to replace the existing 8'
fcnces on the contiguous lots located on the south and east sides of the
ne ghboring properly 10' fences, who will be responsible rormaintenance. to the
• All front doors must face toward the center green-space or toward Mockingbird.
s All of the homes must have attached garages.
• The development must comply with the City's landscape otdiaance.
e Ali other features of the development, as planned, were deemed to be acceptable ~AY'\ r
by the ncighbothood representatives.
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Memorandum of Understanding
Toledo Court S-ibdivision
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The City agrees to;
• Negotiate and execute an agreement to fund DAHC the $96,000 in 1999 HOME
funds currently held in reserve for "CHDO set aside activities". Thse and were
originally earmarked for DAHC's Affordable Homeownership Opportunity
Program (AHOPI, as well as some operating costs,
a Allow DAHC to use a portlen of these 1999 HOME funds, estimated to be
approximately $73,000, to reimburse the organization for costs associated with
implememing the agreed upon revisions to the Toledo Court project.
a Tlat the balance of the $98,000 HOME award be used by DAHC as originally
pvnposed, namely $20,000 for operating and administrative expenses, and any
remaining balance for AHOP program activities,
a DAHC ano Singing Oaks Neighborhood understands that because of the change
in tho proposed use of a portion of the HOME funds, it will be necessary for the
Community Development Office to submit a revision to dA Citj s Action Plan to
HUD. Further, that the Action Plan revision will necessitate environmental
clearance procedures be undertaken which may result in a 30-day delay for some
of the construction activities on the site.
Approved this the day of 1999.
DENTON AFFORDABLE HOUSING Aga C ASSOCIATION NEIGHBORHOOD '
CORPO'tATIO
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CITY OF DENTON
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AGENDA INFORMATION SHEET
AGENDA DAM August 31,1999
DEPARTMENTt Planning and Development
CNI/DCM/ACNI: David 11111, 349.831
SUBJECT
Consider approval of a resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit an amendment to the 1999 Action Plan for 11otcring and
Community Development submitted In June 1999 to the U.S. Department of Housing and
Urban Development with appropriate certifications, as authorized and required by the
Housing and Community Development Act of 1990, as amended; and providing on
effective date,
IIACKGWOUND
The original Action Plan set aside $98,000 in funding to carry out the "purchase,
rehabilitation and resale of affordable homes in Denton by a certified CHDO"
(Community Housing Development Corporation).
Council approval of this amendment will revise the Action Plan to provide $98,000 in
funding to the Denton Affordable Housing Corporation. Funding in the amount of
$20,000 will be budgeted for agency operating costs. The remaining $78,000 will be
budgeted for the Toledo Court project and DAIIC's Affordable Housing Opportunity
program.
ESTJ1MATED SCI[ DUE E I'R0.1F;CT
The Toledo Court project is scheduled to be completed by 12/31/99. All remaining
funding, will be expended by September 30, 2000.
PRIOR ACTIONIREVIEW ICouneil, Boards. Commisslant)
Previous Council discussions conceming the 1499 Action Plan and the Toledo Court
project include the follo%%ing:
• May 11, Public hearing - Council directed staff to prepare a work session item to
discuss the furding allocated to DAIIC based on comments from residents of the
Singing Oaks ncIghbothood,
• May 25. Work Session - Council members voted 4 to 3 to leave DAHC funding
allocated in the 1999 Action Plan as recommended by the Community Development
Advisory Committee. As
• June 1, Regular Session - Council approved a revised Action Plan to omit funding to 1 I"
DAIIC and set up a Cl IDO set aside for a housing purchase, renovation and sale
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program. Staff was also directed to Include an item on the next agenda regarding a
possible "slop work" order at the Toledo Court project site.
• June 8, Work Session - Council member Ronl Beasley requested that Council delay
action on :'ie stop work order allowing DAHC and Singing Oaks neighborhood
residents to meet and discuss apossible compromise, Council members agreed to this
request.
• June 15, Regular Session - Council members discussed the results of the meeting
between DAHC and neighborhood residents. Council directed the City Manager to
continue discussions with DAIIC and develop a memo of understanding.
July 27, Work Session - Council members agreed that the amendment to the Action
Plan should be approved. They also requested revisions to the Third Amendment to
the agreement between the City and DAHC. Council directed staff to prepare
ordinances for the approval of these documents and tho Memorandum of
Understanding regarding the Toledo Court project.
FISCAL INFORMATION
Tb $98,000 In funding Included In the amendment Is 1999 HOME program funding.
These funds became available to the City on August I, 1999 pending completion of any
required environmental review and approval of the City's request for a release of funds.
BID INFORMATION
N/A
ATTACHMENTS
Attachment 1; Resolution, page 3.4
Attachment 11; Amendment, page S
Respecllldly submitted;
An, i 1!0 '
` Mark Donaldson
Assistant Director of planning & Dev
Prepared by;
Barbara Ross 'r
Community Development Administrator' 4~
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RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXA^+, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION PLAN
FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1999 TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton Is conremed with the development viable urban
communities, Including decent housing, a suitable living environment and expanded economic
opportunities; and
WHEREAS, the City of Denton as an entitlement city under the Community
Development Block Grant program and a participating jurisdiction under the HOME Investment
Partnerships program, has prepared through a citizen participation process, a plan for using its
1999 CDBG, HOME and program Income fundinS in the approximate amount of $1,771,977;.
an i `
WHEREAS, the City of Denton wishes to reallocate $98,000 in 1999 HOME funding
from a Community Housing Development Organization set aside activity to funding for the
Denton Affordable Housing Corporation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DEENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City
Mmager to submit to the U.S. Department of Housing and Urban Development (HUD) an
amenO. sent for the reallocation of funds in the 1999 Action Plan for Housing and Community
Do.,lipment that was previously submitted for a grant application with sppropdate assurances
for CDBG and HOME funds under the Housing and Community Development Act of 1974 and
the Afforaable Housing Act of 1990, as amended. The amendment will provide $93,000 to the
Denton Affordable Housing corporation for affordable housing activities and operating costs.
SECTION 2. That the City Council authorizes the City Manager or his designee to
handle all fiscal and adminlstrative matters related to the amended Action Plan.
SECTION 3. That save and except as arrended hereby the provisions of the 1999 Action r'
Plan for Housing and Community Development in June of 1999 to HUD shall remain In full
force and effect.
SECTION 4. That this resolution shall become effective i tunediately upon.its passage
and approval.
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PASSED AND APPROVED this the day of .1999•
JACK MILLER, MAYOR
ATTEST:
JFW;IFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
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Amendment to the
1999 Action Plan for Housing and Community Development
This is a proposed amendment to the 1999 Action Plan for Housing and Community I
Development submitted to the U. S. Department of Housing and Urban Development on
June 15. 1999. The City of Denton wishes to reallocated $98,000 in HOME funding
previously allocated to a Community Housing Development Organization (CHDO) set
aside for the purpose of purchasing, renovating and selling affordable housing units. The
amendment proposes to reallocate HOME funding to the Denton Affordable Housing
Corporation for use as follows:
$78,000 - Affordable Housing Opportunity Program purchase and renovation of single
family homes in existing neighborhoods. Renovated homes will be sold to
eligible first-time homebuyers. Up to $73,000 maybe used for rehabilitation
of four units in t%e Toledo Court project. Toledo Court project costs may
include rehabilitation and site improveme„s expenses.
$20,000 CHDO operating expenses. Provision of funds for salaries, supplies, rent,
telephone and other administrative costs. This reallocation of operating funds
to the Denton Affordable Housing Corporation will reduce the City of
Denton's required HOME match by $5,000. The amount of match required
after amendment approval will be $112,000. Match will be provided from a
variety of sources such as the Federal Home Loan Bank of Dallas and the
Denton Affordable Housing Corporation.
The reallocation of funds will not affect other programs or projects.
Objective: Increase the availability of affordable housing through: construction and/or
renovation of r.pproximately 100 new toots for low and moderate-income households.
Location: Denton Affordable Housing Corporation, 30311 Carroll Blvd., Suite 108,
Denton TX 76201.
Any comrients regarding the proposed amendment should be directed to the
C)mmunlty Development Division, Clty of Denton, 100 W Oak, Suite 208, Denton
TX 76201, 940.349.7726
Comments must be received on or before July 31,1999,
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S,Ww Daurnenu`Contruu199~1999 Aeiion 1Sui Amtndmtm,da
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AGENDA INFORMATION SHEET
AGENDA DATEt August 31,1999
DEPARTMENT: Planning and Development
CM/DCM/ACM: David Hill, 349-8314 -PIK
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Consider approval of an ordinance of the City Council of the City of Denton, Texas
approving the Third Amendment to that Agreement Between the City of Denton and the
Denton Affordable Housing Corporation; authorizing the City Manager to execute the
Third Amendment and to expend funds with respect to the Third Amendment; and
providing for an effective date.
BACKGROUND
City Council has approved an amendment to the 1999Acrion Plan providing an additional
$98,000 in HOME program funding to the Denton Affordable Housing Corporation. If
approved, the Third Amendment will revise the current agreement to include expenditure
of the additional funds. The Third Amendment, attached as pages S through 11, also adds
a broader indemnity clause (Section 11, Subsection K) to the base agreement.
DAHC executed the Third Amendment alter crossing out Subsection K and initialing that
revision. DAHC has stated that their interpretation of City Council's direction to staff on
July 27 was to revise the agreement to slate that the 1999.2000 funding will be added to
previous amounts awarded by the City. DAHC members felt that all other requirements
that had been incorporated into the agreement, such as expanded citizen participation
requirements and the new indemnity clause, were to be deleted.
The Legal Department has developed alternate language for Subsection K In an attempt to
obtain approval of the Third Amendment by the Denton Affordable Housing Corporation.
The alternate language is stated below
" In consideration orthe additional funding by CITY to CONTRACTOR,
" CONTRACTOR fully releases, discharges and acquits CITY, its officers and
employees, from all claims and causes of action whatsoever - Including claims for
properly damages, personal injuries or death growing out of or connected with
the actions of the CITY, its officers and employ."es, related to the Toledo Court
Project described in Section 11. K, above - Including, without limitation, actions
related to consideration ore stop work order on the Project and the funding of r
CONTRACTOR.
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DAHC was provided with the alternate language and their approval was requested. As of
Friday, August 27, no response regarding the acceptability of the revised indemnity clause
had been received.
The $98,000 in funding provided to DAHC based on the Third Amendment includes
expenditure of up to $73,000 on the Toledo Court project. A progress update for the
project has been attached.
Council may wish to consider approval of one of the following options.
Option
Approve the Third Amendment with the original change to Section 11, Subsection K as
written in the attachment, pages 5 - 11.
Option 2
Approve the Third Amendment with the deletion of the original language and insertion of
the alternate language stated above.
Option 3
Approve a revised amendment that deletes Subsection K and all references to that
subsection.
Option 4
Deny approval of the Third Amendment.
ESTIMATED SCHEDULE OF PROJECT
The Toledo Court project Is scheduled to be completed on or before 12/31/99 (see progress
upd=ate). All remaining funding will be expended by Septcmbcr 30, 2000.
PRIOR ACTIONIREVI.E i' (Council, goards• Ctlmmissions]
Previous Council discussions concerning the 1999 Action Plan and the Toledo Court
project include the following:
a Slay 11, Public Ilearing - Council directed staff to prepare a work session item to
discuss the funding allocated to DAIiC based on comments from residents of the
Singing Oaks neighborhood.
a Slay 25, Work Session - Council members voted 4 to 3 to leave DAHC funding
allocated in the 1999 Action Plan as recommended by the Community Development
Advisory Committee.
• June 1, Regular Session - Council approved a revised Action Plan to omit funding to
DAHC and set up a C1 [DO set aside for a housing purchase, renovation and sale
program. Staff was also directed to include an item on the next agenda regarding a
possible "stop work" order at the Toledo Court project site.
• June 8, Work Session - Council member Roni Beasley requested that Council delay 1 r;.; P
action on the stop work order allowing DA11C and Singing Oaks neighborhood
residents to meet and discuss a possible compromise. Council members agreed to this
request.
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• June 15, Regular Session - Council members discussed the results of the mating
between DAHC and neighborhood residents. Council directed the City Manager to
continue discussions with DAHC and develop a memo of understanding,
• July 27, Work Session - Council members agreed that the amendment to the Action
Plan should be approved. They also requested revisions to the Third Amendment to the
agreement between the City and DAHC. Council directed staff to prepare ordinances
for the approval of these documents and the Memorandum of Understanding regarding
the Toledo Court project.
FISCAL INFORMATIOI I
The $98,000 In funding inch ded In the Third Amendment is 1999 HOME program
funding. These funds became available to the City on August 1, 1999 pending completion
of any required environmental review and approval of the City's request for a release of
funds.
BID INFORMATION
N/A
ATTACHMENTS
Ordinance, pages 3 - 4
a Third Amendment, pages 5.12
• Toledo Court Project Progress Update
Respectfully submitted:
yid Hill
Assistant City Manager
Prepared by:
Bar ara Ross
Community Development Administrator
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ORDINANCE N0.
,lN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS
APPROVING THE THIRD AMENDMENT TO THAT AGREEMENT BETWEEN
THE COPY OF DENTON AND THE DENTON AFFORDABLE HOUSING
CORPORATION; AUPHORIZIiNG THE CITY MANAGER TO EXECUTE THE
THIRD AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE T1tIRD
AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the City Council entered into an Agreement
with the Denton Affordable Housing Corporation to provide certain s,,vices for the
provision of affordable housing under the National Affordable Housing Act of 1990, as
amended by the Housing and Community Development Act of 1992, which Agreement
was authorized by Ordinance No. 96-295; and
WHEREAS, the City Council, by approving the 1999 Action Plan for Housing
and Community Development, as ame.tded, has authorized additional funding for
ongoing activities of the Denton Affordable Housing Corporation and the scope of work
for the Denton Affordable Housing Corporation has increased; and
WHEREAS, on February 17, 1998 the City Council approved the First
Amendment and on November 3, 1998 the City Council approved the Second
Amendment to the 1996 Agreement, deeming it In the public interest to amend the
Agreement with the Denton Affordable Housing Corporation and to provide for such
additional funding from funds made available by the U.S. Department of Housing and
Urban Development tinder the National Affordable Housing Act and to pro%ide other
changes as set forth in the First and Second Amendments to the Agreement; and
WHEREAS, the City Council now desires to amend the Agreement a third time to
extend its term, provide additional funding, and amend the budget; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S . TIO 1. That the City Council hereby approves the Third Amendment to
the Agreement between the City of Denton and the Denton Affordable Housing
Corporation, executed December 17, 1996, substantially in the form of the attached
Exhibit "A" which is incorporated herein for all purposes, and further authorizes the City
Manager to execute said Third Amendment
US,JL N 2. That the City Council authorizes the expenditure of funds for
operating costs and project funding for the Denton Affordable Housing Corporation,
included in the Third Amendment as Attachment "B", which includes additional
funding in an amount not to a-.reed $99,000, subject to the terms and conditions of
Exhibit "A".
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SECTION 3. That this ordnance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the eay of - , IM.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
IMi+eWyALOIOr o«ummaoaned,«oA1+e.ow.e uaerr b,
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STATE OF TEXAS §
COUNTY OF DENTON §
THIRD AMENDMENT (FY 99) TO AGREEMENT BETWEEN
THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION
This Third Amendment ("Third Amendment" or "FY99 Amendment") between
the City of Denton, Texas ("CITY") and the Denton Affordable Housing Corporation
("CONTRACTOR') modifies the Agreement between CITY and CONTRACTOR, as
approved by City of Denton Ordinance 96.295 (the "Base Agreement'), as said Base
Agreement was thereafter modified by the parties in the First Amendment to said Base
Agreement, approved by Denton City Ordinance 98-034 (the "FY97 Amendment" or the
"First Amendment") and the Second Amendment to the said Base Agreement, approved
by Denton City Ordinance 98.362 (the "FY98 Amendment" or the "Second
Amendment").
WHEREAS, by Ordinance No. 96-295, CITY authorized its City Manager to
execute an Agreement with the CONTRACTOR to provide administration, acquisition,
rehabilitation, new construction, tenant-based rental development and public service
programs to promote affordable housing within the City of Denton in retum for CITY
providing an amount not to exceed 520,000 to assist the CONTRACTOR in the operation
of the Denton Affordable Housing Corporation, and an additional $68,650 (project funds)
for specific housing projects described in the Work Statement, Attachment A, attached to
the Base Agreement; and
WHEREAS, by Ordinance No. 98.034, CITY authorize d the City Manager to
execute the First Amendment with the CONTRACTOR to extend the term, revise the
responsibilities, increase the funding level due to the passage of the 1997 Action Plan,
and provide definitions and uses for program income and proceeds; and
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WHEREAS, by Ordinance No. 98.362, CITY authorized the City Manager to
execute the Second Amendment with the CONTRACTOR to extend the term, revise the
responsibilities and increase the funding level due to the passage of the 1998 Action Plan;
and
WHEREAS, the CONTRACTOR has agreed to construct four affordable housing
units to be placed on the project known as 400 Mockingbird Development (4MC) and
also known as Toledo Court Project, and to release CITY from any liability growing out
of that project; and
WHEREAS, the CONTRACTOR, along with CITY and the Singing Oaks } \ r
Neighborhood have entered into a Memorandum of Understanding Toledo Court
Subdivision and the parties wish to amicably resolve any disputes bet%cm them; and
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WHEREAS, the City Council has approved additional funding for the
CONTRACTOR and amended previous activities in accordance with their approval of
the 1999 Action Plan for Housing and Community Development, as amended, and
adequate funding has been obtained from the U.S. Department of Housing and Urban
Development, and desires to further revise the Base Agreement as amended herein;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are
bound to the mutual obligations and to the performance and accomplishme-it of the
conditions hereinafter described.
1.
That Section It. Responsibilities of the Base Agreement, as amended, is hereby
amended by attaching the amended Attachments "A", "B" end "C" and by amending
subsection A and adding subsections K, and L to read as follows:
A. CONTRACTOR hereby accepts the responsibility for the performance
of all services and activities described in the amended Work Statement attached
hereto as Attachment "A" and in accordance with the amended Program Budget
attached hereto as Attachment "B" and the :mended Schedule of Contract
Activities attached hereto as Attachment "C" and all of these Exhibits are
incorporated herein as if set forth at length, in a satisfactory and efficient manner
as determined by CITY, in accordance with the terms herein.
K, In consideration of the grant of additional funding by CITY,
CONTRACTOR agrees to complete the construction of four affordable housing
units relocated on the project known at 400 Mockingbird Development (4MC)
and also known as the Toledo Court Project and being near the 300 b'.ock of '
Mockingbird Lane in Denton to complete construction and renovation of the
houses in complete compliance with all applicable provisions of Denton's Coda
of Ordinances and all other applicable laws and to fully comply with the
Memorandum of Understanding Toledo Court Subdivision, executed by City,
Contractor and the Singing Oaks Neighborhood Association. Any failure by
CONTRACTOR to comply with this subsection shall to considered it material
breach of this Agreement and shall result in the forfeiture of the $99,000 in
additional funding approved by Denton's City Council on Iuiy 27,1999.
L. In consideration of the additional funding by CITY and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by CO\ rRACTOR, CONTRACTOR fully releases, discharges,
and acquits CITY, it- officers and employees from, and agrees that the
consideration expressed above shall be In full and final satisfaction of: all acticn3,
causes of action, claims (including subrogation claims and claims for contribution f
and indemnity) on account of or in any way growing out of any and all
negligence, intentional misconduct, violation of constitutional or statutory rights,
conspiracies, breach of any duty of good faith and fair dealing, death, personal
Page 6
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injuries, damage to reputation, pain and suffering, grief, bereavement, mental
injury, loss of earning capacity, loss of money, damage to property, taking of
property, attomey's fees, pre- and post-judgment interest, and all other claims or
causes of action whether known or unknown and whether herefore asserted or not,
owned or possessed by CONTRACTOR, its officers or employees against CITY,
its officers or employees growing out of or any way connected with the Denton
City Council and its officers and employees consideration, approval, and action in
regard to the funding of Denton Affordable Housing Corporation's request as a
part of the approval of Denton's 1999 Action Plan for Housing and Community
Development, including without limitation, the Council's actions with respect to
the stop work order, negotiations of any settlement with respect to the stop work
order, or any other actions whatsoever of the City Council with regard to the
project known as 400 Mockingbird Development (4MC) and also known as the
Toledo Court project being the moving of stveral houses to be rehabilitated on or
near the 300 block of Mockingbird Lane in the City of Denton, Texas and any
action in regard to this amendment or the funding of the Denton Affordable
Housing Corporation through HOME Investment Partnerships Program funds
whatsoever for this and any previous year. CONTRACTOR does hereby agree to
indemnify and save harmless CITY, its officers and employees, of and from all
claims, demands, costs, or expenses arising out of any Injuries and damages
sustained by CONTRACTOR, its officers or employees, as a result of the above-
mentioned facts and circumstances, including any of them connected thereto
which occurred prior to the date of the execution of this amendment.
2.
That subsection A. of Section III. CITY's and CONTRACTOR's Obligations of
the Base Agreement, as amended, is hereby amended to read m follows:
A. CITY in accordance with 24 CFR 92.208, Eligible CHDO Operating
Expenses, shall provide funds in the amount of $86,500 or less to assist the
CONTRACTOR In the operation of the Denton Affordable Housing Corporation. CITY
shall also provide an amount not to exceed $499,682 ("Project Funds'l for specific j
housing projects and programs as described in the Work Statement, Attachment %V.
Provided, however, that the CONTRACTOR shall make sure that its project delivery
` expenses shall not exceed 10% of the total project cost as determined by the CITY.
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3.
That save and except as amended hereby, the remaining sections,
subsections, sentences and clause of the Base Agreement dated December 17, vr,
1996, ss amended by the First Amendment dated February 17, 1998 and the
Second Amendment dated November 3. 1998, shall remain in full force and r 1'"
effect.
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IN WITNESS of which this Third Ami ndment has been executed on this the
day of , 1999 by the duty culhorized officials of the CITY
and the CONTRACTOR.
CIT. Y OF DEMON, TEXAS
MICHAEL W. IEZ, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
DENTON AFFORDABLE HOUSING
CORPORATION
BOARD PRESIDENT
ATTEST:
BY:
SECRETARY
' F.
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ATTACHMENT "A"
WORK STATEMENT
Denton Affordable Housing Corporation
The Denton Affordable Housing corporation (DAHC) was developed to Increase the
supply of affordable housing in the l: enton area. The organization is designed to carry
out the following activities but Is not limited to these: administration, rehabilitation,
acquisition, new construction, tenant-based rental assistance and public service programs.
Expenditure of City funds, including HOME proceeds, for housing projects is limited to
projects within the city limits of Denton. DAHC's projects and programs will benefit
low and moderate income households, Low and moderate income is defined as
households below 80146 of the area income.
Funding of $329,682 is being provided for DAHC's Affordable Homeownership
Opporb ally Program (AHOP1. This will be used to assist in the acquisition and
rehabilitation of single family homes in existing Denton neighborhoods. After
rehabilitation, the hones %ill be sold to first-time, :;-w or moderate-income households.
Funds maybe used for down payment and closing costs assistance for eligible
homebu)-crs. Up to $73,000 in AHOP funding may be used to pay rehabilitation and site
improvement costs for the Toledo Court Affordable Housing eveiopment. These
units will also be sold to first-time, low or moderate-income households.
The Mockloeblyd Lane Project will culminate in the development of a minimum of 15
single family housing units on property donated to and acquired by the Denton
Affordable Housing Corporation. The project includes acquisition of property adjacent to
the donated site off Mockingbird Lane, project planning, site development, construction
and sale of the single-family units. An unspecified amount of HOME program proceeds
retained by DAHC from previous projects may be used for the project.
The A@,rdabie Housing Construction Pro&= previously administered by the City of
1 Denton will be transferred to DAHC. DAHC will use funding to acquire properties
through purchase, donation or other methods properties suitable for construction of single
family housing. DAHC will construct single family units in such a way as to make the
units affordable for persons of low and moderate-income. Units will be sold to income.
eligible households. Not more than 7% of the funds maybe used to assist buyers with
down payment and closing costs. Up to 530,000 of the funding provided under this
program may be used to support DAHC's transitional housing program. This program is
f a cooperative effort with HOPE, inc.
P.ZttARl:btDrPPiOLWur Davrnenu!Contrwu 9PDAHC Wert sutdrd ortend,6oc
Page 9
ATTACHMENT "B"
PROGRAM BUDGET
Denton Affordable Housing Corporation
Operating Expenses S86,i00-110AIE
Including salaries, rent, utilities, telephone, supplies, postage and other eligible operating
expenses.
Affordable Homeownersblp Opport,talty Program S319,682-HOME
4equisition, rehabilitation, down payment and closing costs assistance.
Mockingbird Lane Project HOME Program Proceeds
An unsp.+citied amount otprogram proceeds retained by DAHC from previous projects as per
the Based Agreement will be used for project delivery expenses (personnel, supplies,
telephone, etc), housing and intrastructutd construction costs.
Affordable Housing Construction Program 5170,000-HOME Program Income*
*Projected amount - actual amount will include remaining budget authority in the City's
program as per amendment to 1994 Action Plan approved on May 12,1998.
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ATTACHMENT "C" 3
1998 Contract Amendment
SCHEDULE OF CONTRACT ACTIVITIES
Activity 8/15199• 1/01/2000- 4/01/2000• 7/0112000- 99Contract Revised
12131/99 3/3112000 6130/2000 9130/2000 Amendment Budget Total
0 crations/Admin $5 000 $S 000 $5000 $5 000 $20 000 $86500
t ~ .
A110P Program,
-Acquisition S5,0001 Proceeds reinvested to produce additional units S5,000
Rehabilitation Proceeds reinvested to roduce additional units $329,682
Toledo Court' $73000 S73,000
New Construction inGll $73437 $30000 Proceedsretm,ested 0 $140000
Transitional Housing Develo ment All funds have lien ex ended 0 $30 000 'e
TOTAL 5156 437 $55 ,000 SS 000 $5 ,000 S96 000 5488182
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MEMORANDUM
DATE-. August25,1999
TO: Dave Bill, Assistant City Manager of Development Services
FROM: Greg Mitchell, Building Official
StIRJFCf: Toledo Court Subdivision - Progress Update
Numerous Improvements have been made with regard to the rehabilitation of the houses
located in the Toledo Court Subdivision since June. The houses located on lots 1, 2 and 6
(see attached site plan) have been placed on permanent foundations. The houses on lots I
and 2 are nearing the completion of exterior renovations as well as the garage additions.
The house on Lot 6 is at the Initial stages of the exterior renovation. In addition to the
work on the exterior of the structures, interior work has also commenced.
In July 1999, DAHC and the Building Inspections Division developed a construction
schedule, which is attached, This schedule was developed for a 6-house project (5
rehabilitated homes, 1 new, home), and was prepared prior to the proposed Memorandum
of Understanding between the neighborhood and DAHC. A revised schedule, also
attached, Indicates a delay In exterior renovatton of IV, months for lots I and 2 early
August to mid-September), a delay of 2 months for the home on lot 6 (early September to
late Ocict+er), and the home to be moved from lot 4 to lot S by mid-September will be
completed by mtd-November. The revised schedule also Indicates that the fifth house
(currently located on lot 3) will be removed from the Mockingbird site in mid-September.
Progress on exterior renovations Is evident in reviewing the attached photographs, which ,
compare early June 1999 to late August conditions.
Also, several individuals in the adjoining neighborhood ha%a expressed concerns over the
abatement of the asbestos siding on these structures. The asbestos siding has not been
removed, but rather, has been encapsulated by the installation of new siding. This
encapsulation process is preferred over removal since disturbance and exposure to the
asbcsteris minimized.
If you should require any additional Information please let me know,
Attachments:
1. Site Plan z
2. Original Construction Schedule (black & white) r ' A
3. Revise d Construction Schedule (color) Off- f,
4, Photo Comparisons; June 9, 1999 vs, August 23, 109
C'
o VLL lSill4 479 0 N $ it G OAlZ
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M, YOA CHA M OUR VE Y A -.r 4 44
OWNER/DEVELOPER
DENTON AFFORDABLE
HOUSING CORPORATION
303 N, CARROLL BLVD. STE. 106
DENTON, TX 76201 "
Toledo Court: June 9, 1999 (1 Of 6)
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Toledo Court: August 23, 1999 (1 ol'6)
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Toledo Court: August ?3, 1999 (2 ot'6)
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Toledo Court: June 9, 1999 (3 of'6)
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TOIC(10 ( OUN: f LIMISt -13, 1999 (3 of6)
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Toledo Court: June 9, 1999 (4 of 6)
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Court: nti~;ust 23, 1999 (4 ot'6)
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Tolcdo Court: August 23, 1999 (S of 6)
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Toledo Court: June 9, 1999 (6 of 6)
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Toledo Court: August 23, 1999 (6 of 6)
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Attachment 2 4
Toledo Court ProJect Coustruction Schedule
June 7, 1999 - Footings to begin on all structures t
Unit I - June 28, 1999 Stem wall forms set
- June 14, 1999 exterior renovation initiated
July It, 1999 exterior renovation 35% complete
August 1, 1999 exterior renovation 90% complete
Unit 2 • July 1, 1999 Stem wall fortes set
• June 20, 1999 exterior renovation initiated
July 12, 1999 exterior renovation 35% complete
August 9, 1999 exterior renovation 90% complete
Unit 3 • July 19, 1999 Stem wall forms set
. July 1, 1999 exterior renovation initiated
• July 25, 1999 exterior renovation 354'o complete
• August 1, 1999 v: '.rior renovation 90% complete
Unit 4 • July 19, 1999 Stem wall forms set
- July 19, 1999 exterior renovation initiated
- August 16, 1999 exterior renovation 3$% complete
August 30. 1999 exterior renovation 90°/a complete
Unit 6 • July 19, 1999 Ste.n wall forms set
• July 26, 1999 exterior renovation initiated
• A4,ust 22, 1999 exterior renovation 35% complete
September 1, 1999 exterior 90%
5 ~
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Toledo Court Project Prd, . -fed Construcdon Schedule
1Meek 1 2 3 4 6 { 7 1 9 1101111121131141151141117 1181191201211321 "1241251211 2712012913013`1132133 34 39
TASK Me June July A ! ber October Nonmbw Docombse
Ytreekot: 3 11011171241311 7 1141211281 6 [121191261 2 9 1161231301 6 1131201271 1 '111111111251 1 i 1{ 1121221 6 113120127
Unit •
oundatbn Worh19 1 com •
2 Con1 e
3 M war% *wuabw at weernsm wM CAY of Ow tan. ads b alai. ui.tr.M OMO,i9
4 M work susparkied &W>:ubn of ear" 0 *0 Oft of t)ardort - dale b1110N lira b tot 9di tyl{r•0 j
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xterW Renautlon'b 1
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I FoundAlon work Irwludss:
1i Erglr eWng, plan, s@e prepardixl
Repairlnpumes shwhiroi beams as necessary
?renchirg sled Sed / place, code Duped, foo/rgs poured
sum A sled bed. 'xrra b PL faundahm r ured farms rwvM
a, SWCture Iwsed, Awd, foundstion Mrk taveo t
Ste prepared, steel had. stabs Poured ~IV Wape Moon and pad
a ,es
Remove sxWirrp wlnaows. Irian new lham,oparw Mvouphout
m' Construct new OWhed Ingle-cw gangs
Repa rimplace damaged or rafted wood Vim sa neoedsary
`m InsW NaoplerYr siding mw edstng siding
Awv a "u g rodng. raw as newsar7. IrntaA new rod'
Psnl edelor rw Vim
's Landscape n
m' InlaA Fence
' Remo,,* existing appmmees, baR room Murat, Mox coxa". flgha Mxturw, and in sane cxes, door, abkrby and shistrock
Aepah or replace sM electdcal Y*kV plumbing, and medranlcal cyst rns G Mwaosny, hats/ centrd heal and sk oon is igRepdrlreptace shedrock doors woodwork w4or ab rnvtry. prepxt and
paint
IWO new Moor cowW gs
IrsIA new appharxes and tathroom Mxfures.
rho projeclsd timeline is subje . I to wssther and other elements beyond the control of the contm:tor.
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W-19.32 j
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AGENDA INFORMATION SHEET
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AGENDA DATE: August 3l, IM
DEPARTMENT: Management and Budget
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ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services 1
SU13JECF
Haid a public hearing and receive citizen input on the 1999-2000 proposed budget.
BACKGROUND !
The City Council has previously received the 1999-2000 proposed budget.
PRIOR AC'I IOVREVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
EXHIBITS (If applicable)
R ectfully mbmitl
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eaorof agement and Budget
Au uo 31 i redo in ro dot •
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ApNId~ illxn _
AGENDA INFORMATION SHEET
AGENDA DATE: August 3l, 1999
DEPARTMENT: Fiscal Operations, Tax Department
ACM: Kathy DuBose, Assistant City Manager
Fiscal and Municipal Services
SUBS
HOLD A PUBLIC HEARING ON A PROPOSAL TO ADOPT A TAX RATE OF
5.50815 PER SI00 VALUATION WHICH WILL INCREASE TOTAL TAX
REVENUES FROM PROPERTIES ON THE TAX ROLL BY SEVEN POINT
SEVENTY-SEVEN (7.17) PERCENT OVER LAST YEAR'S TAX REVENUES.
BACKGROUND
The Property Tax Code specifies that "if a taring unit (other than a school district or
small taxing unit) pruposes a 1999 tax rate that will raise more property tax revenue
(1999 proposed taxis) than the preceding year (1998 property taxes), the taxing unit's
governing body must cote to place the proposal to adopt the rate on the agenda of a future
meeting as an action item. If the motion passes, the governing body must schedule a +
public hearing on the proposal."
NOTE: Beginning with tax year 2000, the public hearing and notices will be required if a
taxing unit (other than a school district or small taxing unity proposes a tax rate that
exceeds the lower of the rollback rate or 103 percent of the effective tat rate.
Estimated Schedule:
:3/22!99 Required Notice Published
8/31/99 Hold a Public Hearing
9,5%99 Publish Second Required Notice
9;7,99 Vote on Proposed Tax Rate
PRIOR ACTIONIRFVIEW (Council, Boards, Commissions)
The Proposed budget that was reviewed by council on August 12, 1999, is based on the
current and proposed property tax rate of s.50815 per 5100 valuation.
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FISCAL INFORMATION
The current and proposed property tax rate will generate $13,466,587 of which
$8,466,587 is budgeted to support general fund services and $5,000,000 is budgeted for
debt service.
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Res `tfully sub tt '
Diana G. Ortiz l~•
Director of Fiscal Operations
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Iptalda Itertt '
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AGENDA INFORNIATIONSHEFT
AGENDA DATE; August 31,1999
DEPARTMENT: FiscslOperations, TaxD:pariment
ACNI; Kathy DuBose, Assistant City Manager
Fiscal and Municipal Services
UWELT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 7,1999; PROVIDING FOR
PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Property Tax Code specifies that "if a taxing unit (other than a school district or
small taxing unit) proposes a 1999 tax rate that will raise more property tax revenue
(1999 proposed taxes) than the preceding year (098 property taxes), the taxing unit's
goveming body must vote to place the proposal to adopt tha rate on the agenda or a future
meeting as an action item. lithe motion passes, the governing body must schedule a
public hearing on the proposal."
NOTE: Beginning with tax year 2000, the public hearing and notices will be required if a
taxing unit (other than a school district or small taxing unit) proposes a tax rate that
exceeds the lower of the rollback rate or 103 percent of the effective tax tale. ,
Estimalcd Schedule;
8/22199 Required Notice Published
8131 /99 Hold a Public Hearing
915/99 Publish Second Required Notice
9/7;99 Vote on Proposed Tax Rate
ERJOR ACTION/REVIE%~ (Council, Boards, Commisslons)
I he proposed tax rate was discussed during the budget workshop held on August 12,
999.
EISCAL laO M1TIOY
The proposed property tax rate will generate $13,466,587 ofu hich $8,466,587 is
budgeted to support general fund services and 55,000,000 is budgeted for debt service. '
Iles ectfuIly submittt d:.
iana 0. Ortiz
Director of Fiscal Operations
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEAr'ON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 7.1999; PROVIDING FOR PUBLICATION OF
NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at its regularly scheduled meeting of August 17, 1999, the City Council
voted to place a proposal to adopt a proposed tax rate that would raise more revenue than the tax
rate for the 1998 tax year on the September 7,1999 City Council regular mating; and
WHEREAS, the City Secretary duly recorded the vote of the City Council on that matter;
and
WHEREAS, the City Council also called a public hearing for its regular meeting of
August 3I, 1999 on the tax increase; and
WHEREAS, publication of notice of that public hearing on the tax increase was made in
accortance with the law, said public hearing was held an August 31, 1999 and all proponents
and opponents of the tax increase were given an adequate opportunity to present their views at
the public hearing; and
WHEREAS, the City Council wishes to finally set the date, time, and place of the
meeting at which it will vote on the tax rate; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION. That the City Cc mcil will vote on the proposed tax rate at its regularly
scheduled meeting of September 7, 1999, which will commence at 6:00 p.m, and will be held in
the City Council Chambers at City Hall at 215 East McKinney, Denton, Texas 76201.
SECTION 2. That prior to the vote on the tax rate, the City Manager and the Assistant
City Manager for Fiscal & Municipal Services are directed to publish in the Dcntcn Record-
Chronicle, a newspaper having general circulation in the City, the attached Notice of Vote on the
Tax Rate, which is made a part of this resolution for all purposes, such publication to be in
compliance with the requirements of the Texas Tax Code.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval at a regular meang of the City Council of the City of Denton, Texas on this the
day of , 1999, at which meeting a quorum was present and the t
meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, er,eq. The
City Secretary is hereby advised to record this resolution and the vote on the proposal to place try
the item for a tax increase on the September 7, 1999 City Council agenda.
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PASSED AND APPROVED this the ~r day of .'1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Councilmember Voted For Voled Age
Jack Miller, Mayor
Roni Beasley, Mayor Pro Tern
Mark Burroughs
Mike Cochran
Neil Durrance
Sandy Kristoferson
Carl Young, Sr,
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AGENDA INFORMATION SHEET
AGENDA DATE: August 31, 1994
DEPARTMENT: Management and Budget
ACM; Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the 1999.2000 operating
budget and the 2000-2004 Capital Improvement Program.
BACKGROUN
Time has been allotted this evening for ftuther discussion of budget issues. Attached are
responses to previously asked Council questions.
Staff will also be seeking City Council's direction regarding the 1999.2000 operating budget
and the 2000-2004 Capital Improvement Program, which rve scheduled to be approved on
September 7, 1999.
PRIOR ACTIONIRE V] EW (Council, Boards, Commissions)
The proposed budget was presented to the City Council on July 30,1999 and was discussed
during the August 12,1999 budget workshop.
Respectfully submitted:
i Fort ne
Director of Management and Budget
August 3 is orvn,{a In ro,hiet f
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C/TyOFDENTON, TEXAS OFFICE CF THE CITY MAHA0ER416E.M00"ev«boa,+on,Tuw7!201
MEMORANDUM
DATE: August 25,1999
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: RENOVATIONS AT EMILY FOWLER LIBRARY
We received an email from Council Member Cochran asking about funding for renovations for
Emily Fowler of somewhere in the range of $1.428 million. We believe what Council Member
Cochran is talking about is an estimate that staff did that was part of information for the Blue
Ribbon Committee. Si.%ff thought If the library were to move, we should at least give the blue
Ribbon Committee an Idea of what it would take to renovate Emily Fowler for some other use.
The $1.428 million we believe Is actually $1.489 million. That number was arrived at by slmply
taking the square footage of the Library times a standard renovation costs of $49 per square foot.
If you do that multiplication you'll see that $1.489 million is the total that we need to renovate this
building and bring it up to codes. I've attached the original estimate from Facilities Management '
showing all of our cost.
If there are any other questions, I will be happy to try and answer them at your Convenience,
Rick Svehla
Deputy City Manager
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"Deda iod to Qualify &rura"
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AUG-20-99 FRI 08:35 All Dlnt09 Public Lffim FA%;940 349 8260 PAGE 2
FACIUT-Y et;nS -
V211M
litmovauon, Romadeling & Fumlture}
BU UILOINGI TO AL
S 1,G89, 0
D LIBRARY
SENIOR TER 1,2 ,000
TRA R $ 34,000,000
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pOLICE/FIRE/CI
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MAIN LIBRARY' TOWN
ORT nZp-ATC-ff -13RMr-
EXISTING JAIL I MANSION 600,000
p A SI 2,200.000
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From: Bruce Henington
To: Rick Svehia
Date: 9/257991:28PM
Subject: library
t did as you requested. t went back and read my notes on the Library estimate of $1,489,200.
Th1s estimate was to bring the building to code, fire,bulding,and state ADA requirements.
The opproxlmate costs are to accomplish the above and turn the area Into office and conference room
space. No specific use of the space was designated.., so t used office designation In order to estimr. I
cost.
BRING THE AREA INTO ADA COMPLIANICE.
All costs are approximate
new restrooms on the accessible route.. S100K
now auto entry S 45k exit doom Werior area
S 40K
atrh.m raised $ SOK
new Interior rompingAlft S 50K
NEW OFFICE CONSTRUCTION
25,000 squars feel of office specs
with Hvac ceftgAvallaftors
25,0OOx $49.00 $1225K
TOTAL approx. S 1,489,200
If you need more Information let me Know.
CC: Dean Hartley
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CITY OF DENTON TEXAS OFFICE OF TkE CRY MANA~iEII.74l E McKinney 9b3*430f IM) $41 74201
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MEMORANDUM
DATE: August 25,1999 j j
TO: Mayor and Members of the City Council j
FROM: Rick Svehla, Deputy City Manager f
SUBJECT: SCOTT:TREET
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Council Member Young mentioned Scott Street as a project to be considered in the budget. Staff
has reviewed the request and has only one recommendation for funding of this type, that would
be the CIP program, The project, as we understand it, would extend Scott Street from its present
terminus north to Morse Street in the vicinity of Newton. The estimated cost of a thirty-one foot
asphalt street Including right-of-wayand sidewalks Is estimated to be approxlmately$205.000.
If the Council would like to consider this project we would recommend using the CIP and giving
some specific direction to the Blue Ribbon Committee. If there are any questions, please call me
at your convenlence. l
l Rick Svehla
Deputy City Manager
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Cc: Dave Hill, ACM/Development Services
Jerry Clark, Director of Engineering & Transportation
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CITY OF DENTON, TEXAS
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Howard Martin, ACM Utilities
SUBJECT: Motor Pool Replacement - Electric Bucket Truck
DATE: August 27, 1999
The Motor Pool budget inadvertently omitted the appropriation of funds to replace an
Electric bucket truck with a Derick Digger, N existing vehicle is 13 years old wO
meets the city criteria for equipment replacernent. The replacome:' coat is estimated at
S 160,000 and motor pool funds have been accumulated to cover this cost. Unless
Council dirocts otherwise, this appropriation *+,l be included in the fiscal year 1994-2000
budgct
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