HomeMy WebLinkAboutNo Year
s,r Denton Housing Authority
OPPORTUNITY "iUNITNITY 404 West Oak
Denton, Texas 78201
817/383-1504
November 10, 1978
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Mr. Vernon Roper
Department of Housing and Urban Development
2001 Bryan Tower - fourth Floor
Dallas, Texas 75201
Re: The Purchase and Rehabilitation of Dreamland Apartments
Dear Mr. Roper:
{ The Housing Authority of the City of Denton, Texas, serving as developer,
1I herewith submits six (6) copies of a proposal to purchase and rehabilitate
Dreamland Apartments, located in the City of Denton, to standard housing for
low and moderate income individuals and families in our community.
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In reviewing this proposal please note that sig,iificant planning has
resulted in more than the provision of housing--a wide range of other services
i are planned to impact the residents providing them with avenues for growth.
Also, it should be noted that there Exists broad support for this proposal
within our community and in the immediate neighborhood.
The rents requested as part of this proposal are as follows:
One bedroom - $220.00 including a utility allowance
Two bedroom - $261.00 including a utility allowance
Three bedroom - $306.00 including a utility allowance
Four bedroom - $346.00 including a utility allowance
l These rents are within the limits prescribed by the regulations for "Section
8 Existing Housing Assistance Program for the Disposition of HUD-Owned Projects"
as printed in the Federal mi stem September 11, 1978.
Your consideration of this proposal will be appreciated by the City of
Denton, the Denton Housing Authority, and the many individuals and families
j who desire standard housing.
l Cordially yours,
~ CA
J Carter
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PROPOSAL
TO PURCHASE AND REHABILITATE DREAMLAND APARTMENTS
SUPPORTING DOCUMENTATION AND STATEMENTS
WI WI
HOUSING AUTHORITY OF THE CITY OF
DENTON, TEXAS
The Housing Authority of the City of Denton, Texas proposes to
purchase the Oreamland Apartments from the Department of Horsing and
Urban Development, and to rehabilitate the project to provide much
needed housing for low and moderate income persons and families in
our community.
1. Present Condition of Dreamland A art?% - The present condition
of the 197-apartment project causes i-t to be a public nuisance.
Less than one-third of the apartments are habitable, and the re-
maining vacant apartments in their present state of disrepair
constitute a safety and health hazard for the residents in the
neighborhood.
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The rehabilitation of the apartments is the most urgent community
development need in the City of Denton as identified in neighbor-
hood meetings in southeast Denton. A petition signed by more than
140 residents in the immediate neighborhood was presented to the
City Council asking that Dreamland be rehabilitated.
j 2. Need for Low and Moderate-Income Housing- There presently exists
e n the City of Denton an urgent neeofr _ tow and moderate income
housing. The Housing Assistance Plan indicates a vacancy rate of
2% for all rent properties in Denton. There are indications that
the vacancy rate for properties affordable by low and moderate in-
come persons is less than 2% vacancy. The Housing Authority has
taken in excess of 1400 applications for the Section S-Rent Supple-
ment Program with only 509 certificates available. Applicants who
are certified are finding it increasinyly difficult to find
standard housing.
I 3. Extent of the Rehabilitation - One of the conditions for Involve-
meat by the Housing ut or ty pertains to the complete rehabilit-
ation of the apartments to a standard condition--anything less would
only prolong the present problem. In this regard the following
ele gents of rehabilitation, although not an all inclusive list,
are considered essential.
A. Demolishing selected buildings to produce a quality playground
and open space.
B. Dividing some present units into units of more practical and
needed sizes.
C. Providing some units to be in conformity with the needs of the
handicapped.
D. Converting the present administrative offices into a day care
center.
E. Providing a coin-operated laundry facility.
F. Moving the administrative offices to a central lccation and
increasing the quality and quantity of community space for
residents.
G. Backfilling around the buildings as needed and landscaping.
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N. Repairing stair, balcony and landing handrails.
1. Sheetrocking, taping, bedding and texturizing each apartment.
J. Installing additional insulation in the walls and insulating
the attics.
K. Re-roofing all the units.
L. Replacing all interior doors and floor coverings.
M. Replacing all sliding glass doors and exterior front doors with
steel insulated doors.
N. Installing new windows.
0. Installing new cabinets for the kitchen of each apartment.
P. Re-painting the interior of each apartment and re-painting
the complete exterior of the units.
9. Installing ranges and refrigerators for each apartment and
providing furniture for the community space and administrative
offices.
R. Re-plumbing as needed and replacing bathroom and kitchen
fixtures and installing water heaters in each unit.
f S. Installing meters for gas and electricity for each apartment.
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T. Replacing all heating units and installing air conditioning
units for each apartment.
U. Replacing the aluminum wiring with copper wiring in each apart-
ment,
Y. Providing smoke detectors in all applicable spaces.
N. Providing exterior lighting.
4. Breakdown of Apartments by Size and Provision for Other Functions
ream an ro ect cons sts
Rehabilitation ter - At present the Dreamland-
apartments and an inadequate community space. The present
breakdown of apartments by size Is as follows:
Apartment Size Number of Baths Number of Apartments.
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One bedroom 1 44
Two bedroom (flat) 1 44
Two bedroom (studio) 1 46
Three bedroom 1 44
Four bedroom 1 14
In the rehabilitation of the project ways are planned to decrease the
density; enhance the liveability; provide for social services to
residents; and insure better control. The plans include the following
changes.
A. Demolish the four-bedroom apartments since they only have one
bath and use the slab for games, i.e. basketball, volleyball,
shuffleboard, etc.
B. Convert 22 of the two-bedroom apartments to 9 four-bedroom
apartments and provide additional storage.
C. Convert one building near the center of the project containing
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6 one-bedroom and 6 two-bedroom apartments to administrative
offices, community space, recreational space and a washateria.
D. Convert the present administrative offices to a day care center.
These changes will effect the following distribution of apartments
by size.
Apartment Size Number of Baths Number of Apartments
One bedroom 1 38
Two bedroom 1 64
Three bedroom 1 44
Four bedroom 2 9
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S. Description of _Amenities - This proposal reflects the over all amen-
ities of a thoroughly planned; well coordinated; broadly based;
professionally supported housing program--not merely a housing
project. This proposed hhoousln program is designed to meet many
types of needs, including housing, of the residents. The obvious and
outstanding amenities are as follows:
A. Communit S ace - A community space is planned to accommodate
var ous act v ties pertinent to a well-rounded support system
j for the tenants. The quantity and sizing of the space will al-
low activities such as temamt organization meetings, tutoring
for students, health education, environmental education, clinician
services, information and referral services, counseling, etc.
i The community space will also house a washateria for use by the
residents.
8. Recrea~t_iioonallSpace - Recreational activities for residents is a
must, and pace will be provided in the communtty building and
kh on the grounds for a full range of activities.
C. Social Services - See Exhibit "A".
D. Utilities and Utility Allowance - Water, sewer and garbage will
6e prov a or the tenants as a part of their rent. The apart-
ments will be separately metered for gas and electricity and a
utility allowance will be provided. This utility allowance is
is identified in the budget in Exhibit III.
E. Maintenance - A maintenance schedule has been devised and is part
o the Management Plan of Exhibit "C".
F. Handicapped Units - A number of the apartments will be designed
so as to meet the needs of the physically handicapped.
G. Da Care Center - The present administrative office space will
be redesigned to provide a day care center for the residents.
6. City Map - See Exhibit "D".
7. Compliance with Housing Assistance Plan - See Exhibit V.
8. Statement Regarding Relocation - Individuals and families who
presently reside in apartments within Dreamland will be assisted
j in moving to other apartments as the apartments are rehabilitated.
All the present tenants are eligible for rent assistance under
section 8 regulations.
9. Compliance with Civil Rights Requirements - All requirements under
Title o the-Civil Rights Act of 1964; Title VIII of the Civil
Rights Act of 1968; Executive Order 11063; Executive Order 11246
and; Section 3 of the Housing and Urban Development Act of 1968
shall be complied with in the development and operation of the
' proposed project. It is further certified that the Denton Housing
ILW - RA W1
Authority as owner shall take affirmative action to provide the
opportunity of application for units within the proposed project
to persons expected to reside in the community as a result of cur-
Acsist-
rent or faremployment
asl this n realistically indicated apIn the plies to c housing for
ance elderly, low income families, and handicapped.
iD. Development and Operations budgets - See Exhibit "B".
11. Marra ement and Maintenance of Apartments - See Exhibit
12. Cit of Denton Involvement and Support - The support of the City
of Denton is essentia to the successful operation of a housing
and l through h the following City o Denton. tangible
project of upport are the nature of
available from Dreamland.
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A. Park and Pla round Area - The City of Denton through its
PTann ng an onmunn ty Development Department is planning a
6-acre green area adjacent to the proposed office and
community building of Dreamland Apartments. This green area
will include park facilities, i.e. multi-purpose courts,
covered shelter and playground equipment.
B. _Drain~a9a Im~r~ovem~ent - Community Development Block Grant Funds
wiTl be used to increase the drainage capacity of the lower
l section of Pecan Creek between Sycamore and Ruddell Streets
to contain a 25-year flood.
C. Extension of Ruddell Street - The City of Denton will insure
f proper engree an egress or the apartments by the extension
of Ruddell Street to Wilson Street. This extension provide,
Ii the added benefit of more police and fire protection capability.
D. Stabilization of the Neighborhood - The rehabilitation of
ream an partments Ts congruent with other programs to
1 stabilize the immediate neighborhood. The city will soon begin
its third year of code enforcement, housing rehabilitation and
lemolition activities. A marked difference in attitude and
appearance is already apparent.
E. Continuous Code Enforcement - The city will continue its code
en orcement with n the apartment complex to prevent any or all
hapartments
with i the a enhealth vironmental r edsafeth ucationazard.
consistant becoming
This will
offered to the tenants.
13. Neighborhood and Communijy_Su port - When the Dreamland Apartments
were first proposed for their present neighborhood there were voices
of objection raised by residents in the vicinity. Dreamland was
thus built without full community or neighborhood support. The
present response from neighbors and from the community is one of
support for the rehabilitation to standard housing. The increasing
pride within the immediate neighborhood coupled with the awareness
of the need for housing and the disappointment with the combined
forces of Dreamland's history that resulted in its present con-
dition have brought about a sentiment of support for its
rehabilitation. Some evidences of this support _can be seen in
Exhibit "F"
14. Ethnic Mix - Dreamland Apartments is located in a neighborhood ties. The totem s bl9 hpan eenta thnic mixmthatibetter reflectsitheAethnictbreak-s
down of the total community. ipa 15. wdeonsiaa opa- t Pripatencn tle proposedidevelopmentware: this time
I Nner and Developer - The Housing Authority of the City of Denton,
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Texas. This Housing Authority is currently administering 509
units of Section 8-Existing. It is also building 140 units of
housing for the elderly and physically handicapped under the
Section 8-New Construction progran. The Section 8-Existing pro-
gram has been highly successful with many owners cooperating in
' bringing their rent properties up to standard condition. This has
had a decided impact on the housing stock within the City of
Denton that 1s in standard condition.
Architect - The Architectural Collective, a partnership of Gerald
Stone- and Russell Bates, has a wide and varied experience in
design. They will be responsible for redesigning Dreamland
Apartments to accomplish the purposes set forth in this proposal.
To do so, they will be responsible for providing all architectural
and engineering plans, specifications and certifications; arranging
for a contractor experienced in the construction of similar develop-
ments with the necessary finan,:ial capabilities to fulfill all
requirements; and performing any and all other functions in co-
operation with the developer to make the rehabilitation of Dreamland
a reality.
Inspecting Architect - Not selected At this time.
Cont.'actor - Not selected at this time.
16. Owner's Statement Relatin to percenta a of Assisted Units - This
project after re a tat on w not e limited to o
dwelling units being assisted. All proposed units shall be assisted.
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17. Intent of Future Use - It is intended that the Dreamland Apartments
under the owners op of the Housing Authority of the City of Den-
ton, Texas shall continue to be available as housing for low and
moderate income families and individuals.
18. Method of Financing= - It is proposed to provide financing through
!he sale of first lien tax exempt bonds issued by the non-profit 1
instrumentality of the Housing Authority of the City of Denton,
Texas. An expression of interest on the part of a bond under-
writer 1s seen in Exhibit "H" The issuance of bonds is predicated
on the Housing Authority of the City of Denton, Texas entering into
contract with the Department of Housing and Urban Development for
a Section 8-Set Aside assistance to eligible tenants based on the
proposed tents for a 15-year period.
19. Lease Agreement - See Exhibit "G" '
~ 20. Evidence of Interest by Board Underwriters - See Exhibit "H".
HOUSING AUTHORITY OF THE CITY
OF DENT04i TEXAS
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Tim actor, xecutive Director
November 8, 1918
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SOCIAL SERVICES
The rehabilitation of the Dreamland Apartments should not be
attempted without the provision of a carefully designed package of
social services which will be available to all apartment residents. this
social service package has been developed with particular attention 1
paid to the needs and problems of low income and minority persons living
in high density situations.
1. COUNSELING - All tenants will be counseled as to the rules and regulations
governin fthe occupancy of the units. They will also he educated as to
the use of thermostat control, stove and refrigerator. To compliment this roces toudealowith traitiplneedhumancounselproblors
low income families.
2. DAY e CAre CENTER- e A s y care center will be provided for the area utilizing
3. RECREATION - Recreation space is essential to a complex with the density
with l s will struucted indtheAparktwhichpwillcberadjacent toethelnewoconmunitybspace-
facility. Additional recreational area will be available at the extreme
north end of the complex.
4. HEALTH SERVICES - Space will be made available to allow visiting Denton
oun y eaYtT personnel to provide service to residents in the form of
medical attention and sanitation counseling.
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1205 UNIV[aaITY DFIVr WrrT
Zanlon, geeae 76201
November 6, 1978
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Mr, Jim Carter
Executive Director
Denton Housing Authority
404 West Oak
Denton, T% 76201
Dear Mr. Carters
I am pleased to support your office's efforts for the rehabilitation
of the Dreamland Apartment complex. I believe the idea of allowing
space to acrommodate community services would be a valuable part of
this rehabilitation. Such space could be used for health, recreation,
li educational and general community service needs.
While the schools are not presently ready to provide any specific
Il program related to such a facility, the potential for doing so in
some cooperative arranEement would certainly remain.
All good wishes.
Sincerely,
Robert T. Mcree
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DENTON CITY-COUNTY HEALTH DEPARTMENT
COURTHOUSE ON THE SQUAHk
DENTON. TEXAS 76201
wlu-
November •17lf E7 EEle
0-
..1, 1978
Jim Carter
Denton Housing Authority
404 W, Oak
Denton, Texas 76201
Dear Jim:
If the Dreamland apartments were opened and occupied again, I could
forsee the following health needs for the community:
1. Educational Services
a. Environmental
b. Venereal Disease
c. Nutritional
2. Clinic Services
a. Childrens clinic
b. Adult health clinic
The Denton City-County Health Dept. could provide the educational ser-
vices immediately= however, we would probably have to wait for next year's
"battle of the budget" to establish enough staff for clinics at Dreamland.
i The City of Denton's current position on the Health Dept, budget will
j prohibit the establishment of outreach clinics in the city.
In the interium, all of our services are available at our clinic site
at the courthouse on the square.
Good luck on your Housing projects and please advise us if we may be
of any further help.
j Sincerely,
t .~.~....5
E.D. "Bud" Jennings
Administrator
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DISCOVERING
REACHING GROWING
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November 7, 1978
Mr. Jim Carter
Denton Housing Authority
404 W. Oak, Suite 109
E Denton, Texas 76201
` Dear Mr. Carters
r
I understand that your agency is interested in providing a housing
project for low-income families. Specifically, I believe that
your proposal is to rennovate what is now called Dreamland.
I wholeheartedly support your effort. I receive calls almost daily
from low-income persons trying desperately to find housing which
they can afford. The housing that is available is often substandard.
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My agency stands behind your proposal and will cooperate in any
way to see it implemerted.
Sincerely,
Dr. Betty Hassler, Director
Denton County Cooperative Ministries
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OERALO M. WILLIAMSON,OIR.0FMISSION$
DENTON BAPTIST ASSOCIATION • 3311 INTERSTATE 35
DENTON, TEXAS 76201 - 817/383.3544, METRO 434.2837 y
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DEVELOPMENT BUDGET
DEVELOPMENT COSTS:
Land $ 10
Construction 1,700,010
Design: AIA 70,000
Inspect: AIA 15,000
Title Insurance & Recording 19,000
Owner's Risk 2,500
Builder's Risk 5,000
P d P Bond 17,000
1st Year's Project Insurance 81000
Non-Dwellirg Equipment 12,000
i Appliances b0,OD0
Landscaping 20,000
Start-up 8 Miscellaneous 10,000
Interim Interest Expense 56,000
Total Development Costs: $1,994,510
FRPENSES OF BOND ISSUANCE:
Fiscal Fee
Bond Counsel $ 74,500
20,000
Underwriter's Counsel 61000
Local Councel and Organizational 51000
Rating and Bond Printing 12,000
Trustee's Fee 4,000
Feasibility Study 10,000
Total Expenses of Bond Issuance: $ 131,500
FUNDED ACCOUNTS:
Debt Service Reserve $ 3009000
Capitalized Interest 105,613
Total Funded Accounts: $ 405,613
Total Monies Needed: $2,531,623
INCOME:
j V Rental Income based on 100% Occupancy
j Less 5% Vacancy Allowance $ 499,104
Effective gross income _ 24 986
Less Total Project Expenses IN-'ft
Net Available for Debt Service 0
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COMPUTATION OF 80NO ISSJE:
$299,438 (Net available for debt service) ► ,12043
(Debt Service Factor = Bond Issue of $2,485,000)
j ! Plus Interest Earned during
construction $ 108,700
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I Total Money Available ;2,593.700
Total Money Required $2,531,623
Surplus $ 62,011
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OPERATING BUDGET
OPERATING EXPENSES
PILOT $10,800.00
INSURANCE $ 82000.00
EXTRAORDINARY MAINTENANCE $183000.00
UTILITY EXPENSE ALLOWANCE:
1 BR $33 x 38 x 12 ■ 515,048.00
2 BR $37 x 64 x 12 ■ 528,416.00
3 BR $42 x 44 x 12 522,176.00
4 BR $48 x 9 x 12 ■ $ 5,184.00
Of. EX. $250 x 12 $ 3,000.00
WATER, SEWER & GARBAGE ■ $10,656.00
$84,480.00
ADMINISTRATION $21,600.00
/ ORDINARY MAINTENANCE $32,400.00
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TOTAL OPERATING EXPENSES $175,280.00
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MANAGEMENT PLAN
a ow.
1. RESPONSIBILITIES OF HOUSING FUTHORITI' OF THE CITY OF DENTON: ,
The ultimate Owner of this Project shall be The Housing Authority of
the City of Denton, Texas, (hereinafter referred to as "DHA"), a nonprofit
public corporate and politic, created by the Legislature of the State of
Texas under the Housing Authority Law of 1937, and authorized to function
by resolution of the City Council in the City of Denton, Texas, July 14,
1970. Its governing body consists of five Commissioners who serve without
compensation and are appointed by the Mayor of the City of Denton, Texas,
for two-year terms with no limit on the number of terms served. It is
contemplated that the initial Owner of the Project shall be a nonprofit
corporal on which is an agency or instrumentality of DHA since this non-
profit entity will issue the tax-exempt boiids to be utilized for the
financing of the rehabilitation of the rroject. DHA shall, from the inception
of the Project assume the responsibility for the renting and management
of the Project pursuant to the terms and provisions of a Housing Management
Agreement to be entered into between it aid the nonprofit corporation.
The DNA is now administering 509 units under the Section 8-Existing
Housing Program. The units are spread throughout the community serving
both elderly and families. The program has been highly successful for the
DNA and tenants alike. The DHA through a nonprofit instrumentality (Denton
E Housing Development Corporation) presently is constructing 140 apartments
for elderly.
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The Board of Directors of the nonprofit corporate Owner of the Project
intends to keep itself continually informed and current as to the status and
condition of the project and will take an active part in the management and
operation relying to a great degree upon DNA, as management agent, to
property perform these essential services. The nonprofit Owner will also
maintain an active interest in the supportive social programs and be
available to meet with and work with any tenant organization. The non-
profit Owner shall establish broad policy guidelines and thereafter assign
to DHA the responsibility for carrying out those policies. Further, not-
withstanding the scope of the assignment of responsibility to the management
agent, the nonprofit Owner shall be responsible to the Secretary of Housing
and Urban Development and the mortgagee (bond trustee) for all aspects of
management.
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A manager for the Project shall be selected, who is responsible for
the proper day-to-day management and maintenance operations. The manager
shall report to the Executive Director, who has first supervisory responsibility
for overall project performance. Budget, maintenance and management per-
formance are reviewed monthly by the Executive Uirector. The Executive
Director is accountable to the Board of Commissioners of DHA. Project
operations shah take place within well-defined policies on procedure, i'
purchasing, personnel, and administrative practices adopted by the Board
of Commissioners of DHA. Action on virtually any and all matters could
therefore be taken by management, unless a change of policy were required
or the terms of the policy itself required consideration by the Board of
Commissioners or the terms, covenants and provisions contained in the Housing e
Management Agreement to be entered into by and between the nonprofit Owner
and DHA prescribe such consultation before taking action. DHA has fully
elaborated policies and trained staff in the fields of management, fiscal
affairs, social services and general management; all of these resources are
available to the manager at the project level.
The areas in which DHA may make decisions without consulting the
nonprofit Owner irclude:
j (i) Such action as may be necessary to comply promptly with any and
all governmental orders or other requirements affecting the
Project whether imposed by federal, state, county, or municipal
authority, subject, however, to the right of the nonprofit Owner
to contest any such governmental order or requirement.
(ii) Such action as may be necessary to properly discharge the respon-
sibilities and duties delegated to and assumed by DHA in that
certain Housing Management Agreement to be entered into by and n„w
between the nonprofit Owner and DHA as management agent.
(iii) Compliance with all pertinent requirements of the Housing Assis-
tance Payments Contract, and the directives of the Secretary of
Housing and Urban Development.
(iv) Compliance with the terms, and provisiols contained
in tha approved edwelling lease form.
The provision of housing and the complete range of community social
services needed by low income residents must be recognized as a respon-
sibility of the community as a whole and not of this housing development
alone. Their needs are often so great and varied that Project resources
alone cannot hope to meet them. DHA in cooperation with numerous community
agencies and resources, has cooperatively established an expanding list
of operative social services in its other projects; provided in the pro-
posed Project. Since this is an essential element in the successful
management of a project, a separate category on Social Services will be
a part of this proposal.
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The respective responsibilities of the nonprofit Owner and of the
1 management agent are listed primarily in this Management Plan, in the
j Housing Management Agreement which will be entered into, and also in the
HUD documents relating to this Section B Program to be executed at a later
point in time. Every effort has been made to define these responsibilities,
but it would be impossible to totally avoid an overlapping of the spheres
or areas delegated to each of them. The DHA shall endeavor to provide for
all of the basic responsibilities, but, here again, feel that a successful
management plan must undergo constant review and reappraisal in the light
of clanging Project circumstances which could thereby require modification
or alteration of the scope and discharge of such responsibilities. The
shall clearly entered define into which n items between of exthe pense nonprofit
Housing a theeundersigned Agreement to be
Owner
to be paid for by the management agent out of its fee and those expenses
to be defrayed out of rental income from the operation of the Project.
2. PERSONNEL POLICY AND STAFFING ARRANGEMENTS:
ORA operates under a personnel plan adopted by the Board of
Commissioners. This plan is under continuing revision, but it essentially
provides that DHA sha l be non-discriminatory in all matters regarding
employment, promotion and conditions of work; and that promotions and
employment shall be based on job related qualifications.
Although staffing for the project will depend on final rehabilitation
configuration and estimates of actual maintenance workload, the following
staffing pattern generally reflects that which OHA has found successful
in other projects of approximately similar size: i
I 1 Project Manager @ $1,000.00
i Clerk/Cashier @ $ 650.00
1 Maintenance Supervisor @ $ 900.00
1 laborer @ 500100
TOTAL $3,050.00
t Zmployees Estimated Monthly Salaries
The lines of authority, responsibility, and accountability within
the management entity, DHA, are depicted on the attached diagram which
commences immediately below the Board of Commissioners, at the Executive
Director level. ,
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Board of
Commissioners
Executive
Director
Project
Manager
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Maintenance Administration
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3. PLANS FOR OCCUPANCY:
Initial Rent-UP Period:
(a) Record initial readings of utility meters as of dates established
for commencement of Project responsibility for utilitles in each j
building or group of buildings. [
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(b) Instruct residents again in use of equipment at move-in.
(c) Schedule resident follow-up visits approximately thirty (30) days
after move-in to ascertain whether tenant fully understands the use
and care of equipment.
(d) Make a physical Inventory of all items of equipment and unused
material and supplies at end of initial rent-up period and set
up procedures to maintain inventory control.
(e) iClose f sufficient religible residentstaredavrent it ailableat sfilla the Project.
welfare p organizatonsity, educational, recrea-
(f) Clonal, health, and relationships
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(g) Establish final accounting records and procedure for operation.
(h) Establish budget control to avoid overruns. l
(1) Review Fidelity Bond and Coverage, consult with HUD personnel, if i
necessary.
(j) Inspect Project carefully. Any apparent discrepancies in plan or
faulty construction should be immediately reported to HUD Project
Inspector. Y
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Orientation services to be provided tenants to acquaint them with
the Project and the care of their apartments include:
(a) At the time of lease signing the provisions of the lease shall
be carefully explained to the tenant and his or her spouse, if any.
(b) A management representative shall meet with the tenants in the
unit and by discussion and demonstrations illustrate the proper
manner to clean and maintain walls, floors, appliances and other
apartment and building facilities.
(c) At the same time, the project manager will discuss with the tenant
such matters as Project residency standards, the manner and place
for submitting service requests, house rules, coin-operated laundry
facilities and the proper operation of the equipment, maintenance
and household hints relating to refrigerators, ranges, electrical
systems, care of interior painted walls and redecorating, floor tile,
picture hanging, and counter top care, garbage and trash disposal,
windows, draperies, etc.
4. PROCEDURES FOR DETERMINING TENANT ELIGIBILITY AND FOR CERTIFYING AND
RECERTIFYING INCOMES:
OHA at present performs eligibility processing and/or recertifica-
tion processing for some 509 existing Section 8 tenants. A full set of
appropriate forms and operating instructions are in use. DHA anticipates
no difficulty in meeting the 30% Very Low Income Family criteria.
{ The DHA is fully aware of the HUD requirements relating to the
taking of applications, selection of tenants including verification of
income and other pertinent requirements, the determination of eligibility
and amount of the tenant's gross family contribution in accordance with
HUD-established schedules and criteria, and the reexamination of the tenant's
family-income, composition and extent of exceptional medical or other un-
usual expenses and redetermi nations, as appropriate, of the amount of gross
family contribution and housing assistance payment in accordance with HUD-
established schedules and criteria and other limitations in connection with
i residing at this Section B Project. The prospective tenant must provide
certain specific information as proof of eligibility for occupancy in the
Project, and it is our responsibility to verify all of the elements of
eligibility as aforesaid. The objective of certification and verification
is to determine if the tenant's current annual income exceeds the pre-
scribed income limits and to establish the amount of housing assistance
Payments on behalf of each selected tenant in accordance with schedules
and criteria established by HUD for this purpose. There shall be no
discrimination against any applicant on the basis of race, creed, color,
or national origin. The DHA will assist applicants in preparing the
requisite application and any other documents or forms prescribed by HUD
and will compute the tenant's gross family contribution toward contract
rent, i.e., the difference between the amount of the housing assistance
payment payable on behalf of the tenant and the gross rent. The amount
of the housing assistance payment on behalf of a tenant will be determined
by DHA, in accordance with schedules and criteria established by HUD and
shall equal the difference between (a) no less than 15% nor more than 25%
of the tenant's income and (b) the gross rent, taking into consideration
the income of the tenant and the extent of medical or other unusual ex-
penses incurred by the tenant. Determination of eligibility of an
I applicant will be DHA's responsibility, and copies of all completed
applications together with any related correspondence will be retained
for three years, for each applicant selected for admission, the DHA shall
submit one copy of the completed and signed application to HUD. In addition,
preference will be given during the initial renting of contract units
to the Very Low Income persons in order to obtain the desired 30% leasing
level and thereafter we shall exercise our best efforts to maintain at
least 30% occupancy of contract units by the Very Low Income persons, for
eligibility and redetermination, as appropriate, of the amount of gross
family contribution and housing assistance payment in accordance with HUD-
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established schedules and criteria. This shall be done at least once
every year.
5. PLANS FOR CARRYING OUT AN EFFECTIVE MAINTENANCE AND REPAIR PROGRAM w.<
The most effective means of reducing maintenance costs are preventive
in nature. When tenants are made to feel that they are an integral part
of the Project, there is a realization that they have a vested interest
in keeping maintenance and vandalism to a minimum. A good maintenance
program with emphasis on the immediate repair of inoperative equipment
I` and damaged property sets a standard which can contribute to pride in the
community and to a reduction in vandalism. Repairs shall be made as soon
as possible, even if there is an inquiry into responsibility and payment
for damages. An effective maintenance and repair program contributes
substantially to the financial stability of a project and to the appearance
of the Project. Good maintenance and quick response to repair requests also
keep tenants contented and reduce turnover. DHA shall be responsible for
the efficiency of maintenance and the supervision and training of maintenance
personnel. Generally speaking, the maintenance program shall include three
phases; namely, scheduled preventive maintenance, periodic inspection of
all units, buildings, and common areas, and requests from tenants.
When an applicant is first accepted for occupancy and a specific
apartment unit agreed upon, the applicant and our project manager shall
inspect the unit to be occupied and the DHA and the applicant shall both
certify, on forms prescribed by HUD, that they have inspected the unit
and determined it to be decent, safe and sanitary in accordance with the
criteria provided in the prescribed forms. Copies of these reports shall
be kept on file by the nonprofit Owner for at least three years. Each
apartment shall be inspected periodically while it is occupied as a part
of the preventive maintenance program. Adequate advance notice shall be
given to the individual tenant, and the project manager and/or maintenance
man will inspect each unit on a regular basis. Appropriate provision shall
be made in the lease to implement the inspection program. When damages
beyond normal wear and tear are detected during this inspection, the occu-
pant shall be required to contribute to the cost of repair. Items of
normal maintenance shall be repaired as part of the maintenance program.
A routine inspection shall be made by the project manager and/or maintenance
man at the time a tenant moves out of the dwelling unit for the purpose
of determining the need for any repairs which are properly chargeable to
the tenant and subsequently to be taken from the security deposit, or if
insufficient, reimbursement shall be sought from HUD not to exceed an
amount equal to the difference between one month's gross family contribu-
tion and the monthly contract rent.
The maintenance policy also designates the types of repairs to be
performed by project personnel and those which must be done by contract. A
schedule of inspection and maintenance of major items shall be established for
project employees in accordance with the manufacturer's manual for installed
equipment. A representative of the DHA shall accompany the supervising
architect, the general contractor, and the HUD inspector during the final
inspection of the apartment units prior to their release for initial occu-
pancy in order to check out the proper installation and operating condition
of appliances and mechanical equipment. An inventory of all appliances and
mechanical equipment shall be prepared by the project manager, working with
the general contractor, setting forth the serial number, location, brand,
! and model number of each. Service calls and billings in connection with
i the repair or replacement of appliances and mechanical equipment shall be
made in accordance with existing warranties in order to minimize operating
expenses and replacement costs. Ranges, refrigerators, and similar equip-
ment must receive periodic repair to avoid an unreasonable replacement rate.
This phase of maintenance is primarily preventive in nature. Lawns,
landscaping, sidewalks, and driveways shall also be included. Repairs
will be based to a large extent on requests from the occupants or from II
the periodic inspection of reisdents' dwelling units or of the Project f
facilities. DNA has established a formal system of receiving work requests
and preparation of work orders, together with a continuous record of
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maintenance and repairs in each unit. The system provides a follow-up
procedure to insure completed action of each work order request. Almost
all maintenance expense in a typical apartment project is incurred for pay-
roll, service calls, tenant requests, and other items which the project
manager can control or influence. Project maintenance personnel are given
written work orders which they are qualified and capable to handle, organ-
i_ed in such a manner that time wasted moving from one task to another is
minimized. The project manager or maintenance foreman inspects the com-
pleted work each day and checks off acceptably performed jobs from the
list before the assigned employee leaves in the evening.
The project manager and project maintenance personnel shall be made
aware of the location of the water meter cutoff, all apartment or fixture
cutoffs, the gas meter cutoff, and the sewer cleanouts, and shall have
available to them a water meter key and complete basic maintenance equip-
ment. The development of janitorial schedules and the supervision of
janitorial personnel in order to have proper :leanliness and maintenance
of common areas, sidewalks, parking lots, and grounds shall be the responsi-
bility of the project manager. He or she shall further be required to make
frequent inspection of grounds, parking lots, common spaces, and apartments
to insure proper cleanliness and maintenance. It shall be the duty and
responsi'',±iiity of the project manager, utilizing project personnel, to
clean entryways, and other common areas daily; maintain the grounds and
planted areas, including watering in the evening to minimize water wastage
and grass burning, spreading adequate fertilizer and keeping shrubs pruned
and trimmed regularly to avoid an unkept look; keep laundry facilities
.lean and equipment promptly serviced; and generally police the Project
grounds in order to minimize unsightly refuse. Although decorating will
not be a problem in the early stages of Project operation, a decorating
schedule will be established, contemplating ante for painting of apartments
once each five years, assuming normal wear and tear. Exterior painting
shall be done as frequently as climatic conditions dictate (approximately
once each three years), since it is necessary to present an attractive
appearance in order for the Project to remain competitive in the market.
j I
6. RENT COLLECTION POLICIES AND PROCEDURES:
Our rent collection policy is based on the awareness that low income
tenants experience unusual difficulty in catching up with rent payments
once they fall behind. It is necessary to be firm in requiring payment
on the due date, and any rent (gross family contribution) delinquency will
be followed up promptly in accordance with the procedure provided. While
rent (gross family contribution) is normally due on the first of each
month, it is possible to make collections more frequently if the tenants
j so desire. The time and place of such collections shall be well-publicized
~J to the tenants, The lease shall require all rents (gross family contribu-
tions) to be paid on the first (1st) day of each month and further provides
that late payment of the monthly rental (gross family contribution) occurs
after the sixth (6th) day of each month. Thereafter, absent any of the
special circumstances discussed in the next paragraph, eviction proceedings
would be initiated on or after the fifteenth (15th) day of the month if
the rent (gross family contribution) has not been paid in full.
The DHA is aware that rent payment difficulties will occur and must
be anticipated. In these situations, special problems of the low income
tenants will be considered on an individual basis and wherever possible
suitable arrangements made to handle them in a manner consistent with the
k prompt payment policy. As previously stated, payments are accepted on
days other than the due date from tenants receiving monthly or semimonthly
l assistance checks from various agencies after the rent payment due date.
The rent due is not treated as late, provided the full rent is paid the
l day agreed upon by the manager and the tenant. Where rent delinquency
appears likely to become chronic, OHA will work directly with the tenant
to torrent the situation. DHA shall assist a tow income tenant in securing
a reduction of rent (gross family contribution) if a continued reduction
in income is proven by such tenant. In the event a nonpayment situation
persists, despite all efforts on DNA's part and by the appropriate social
I
or welfare agencies, legal action will be taken as warranted for collection
or repossession of the apartment. If payment is not made even after
successful court action, DHA will make every effort to have the tenant
vacate voluntarily. DNA shall, in like manner, endeavor to avoid actual
eviction except in the most extreme and difficult situations. Rent payments
are received at the Project office or by mail. Receipts are entered into
a bookkeeping system by a fee accountant. Collections are deposited into
an account established for Project operations for this Project which will
be separate from other accounts and fends, in a bank insured by the Federal
Deposit Insurance Corporation, denominated in accordance with the overall
BHA account system.
7. PROGRAM FOR MAINTAINING ADEQUATE ACCOUNTING RECORDS AND HANDLING NECESSARY
FORMS AND VOUCHERS:
DHA retains a fee accountant who maintains a comprehensive system
of records, books, and accounts in a manner conforming to the directive
of the Secretary of Housing and Urban Development, and otherwise satisfac-
tory to the nonprofit Owner and to the mortgagee (bond trustee). All
records, books, and accounts will be subject to examination at reasonable
hours by any authorized representative of the nonprofit Owner or either
the Secretary or the mortgagee (bond trustee). All acounts and financial
records of the Project shall be maintained in accordance with the applicable
HUD provisions. The financial records and accounts shall be kept current
at all times and frequent postings (at least monthly) shall be made to the
j ledger accounts. With respect to each fiscal year ending during the term
l of our Housing Management Agreement, we shall, if so required by HUD,
cause an annual financial report to be prepared by a certified public
accountant or other person acceptable to the nonprofit Owner and to the
Secretary, based upon the preparer's examination of our books and records
and those of the nonprofit Owner. The report, if required, will be
prepared in accordance with the directives of the Secretary, will be cer-
tified by the preparer and by DHA, and will be submitted to the nonprofit
Owner within sixty (60) days after the end of the fiscal year for the non-
profit Owner's further certification and submission to the Secretary and
to the mortgagee (bond trustee).
i
DHA's fee accountant shall prepare a monthly report comparing actual
and budgeted figures for receipts and disbursements, and will submit
each such report to the nonprofit Owner within fifteen (15) days after
the end of the month covered. DHA will furnish such information (including
occupancy reports) as may be requested by the nonprofit Owner or the
Secretary from time to time with respect to the financial, llhysical, or
operational condition of the Project.
By the fifteenth (15th) day of each month, DHA will furnish the
nonprofit Owner with an itemized list of all delinquent accounts, including
rental (gross family contribution) accounts, as of the tenth (10th) day
of the same month. All rents (gross family contribution) and other collet-
bons shall be deposited into an account separate from all other accounts
and funds, with a bank whose deposits are insured by the Federal Deposit
Insurance Corporation. This account will be carried in OHA's name and
styled, "Rental Account". All disbursements, except those made from the
petty cash fund, shall be paid from the Rental Account by voucher check;
prenumbered and preprinted with the Project name. By the tenth (10th)
day of each month, commencing with the initial rent-up period, DHA will
furnish the nonprofit Owner with a statement of receipts ant disbursements
during the previous month, and with a schedule of accounts receivable and
payable, and reconciled bank statements for the Rental Account and Security
Deposit Account as of the end of the previous nonth. After the Project
reaches sustaining (95%) occupancy, if the rental (gross family contribution)
collections plus HUD Section 8 housing assistance payments fall below
operating expenses for a sustained period of sixty (60) days, CHA will
Immediately send written notification of the same to the Dallas HUD Area
Office. The foregoing disbursement procedure may require modification in
order to comply with the applicable provisions of the Trust Indenture and
the required pledge of all revenues of the project. However, the Trust
Indenture once prepared !tall be submitted to HUD for review and approval.
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8. PLANS FOR TENANT-MANAGEMENT RELATIONS:
Experience in the existing Section 8 housing program has shown
the positive value of encouraging residents to participate in those areas
of Project operation which directly affect them. DNA will use its existing
expertise to encourage the formation of a resident organization capably of:
(a) Informing management and increasing DNA's understanding of
the low income residents' individual and collective problems,
needs, and desires.
(b) Increasing the residents' understanding of and cooperation with
management's problems and responsibilities.
(c) Insuring that residents are a meaningful and useful part of the
management procrss.
(d) Acting to implement and promote meaningful services and programs
of benefit to all residents.
If residents do not show any inclination to create a resident orga.ii-
zation, DIIA would then take steps which might lead the residents to begin
organizing. DHA believes that the establishment of a formal residents'
organization is not an end in itself, but a spirit of cooperation may emerge
as management and residents work with each other and make visible progress
in improving the social and physical conditions of the Project and residents.
{ liutual problem solving is the level of resident participation which will
1 be sought in all situations. Management will, where circumstances warrant,
not only consult residents to obtain their views but also seek their
j active participation in finding and implementing solutions to problems.
A relationship of this type can best be achieved when residents have an
organization which can effectively represent them and work with management.
An effective and operating tenant organization can contribute materially
j in the settlement of complaints and grievances. If it cannot be so resolved,
the matter will be presented to the management agent or to the nonprofit
Owner for disposition.
Repairs will be based to a large extent in requests from the occupants
or from th3 periodic inspection of resident's dw.,111ng units or of the
Project facilities. A system of receiving work requests and preparation
of work orders, together with a continuous record of maintenance and repairs
i in each unit shall be established. DNA's system provides follow-up pro-
cedure to insure completed action of each work order request.
~J
9. MANAGEMENT AGREEMENT:
The Management Agreement proposed to be utilized for this Project
shall be the suggested model form set forth in Appendix 11 of HUD Hand-
book 4351.1 REV., dated October 15, 1974, and entitled "Management of HUD-
Insured Multifamily Projects Under Section 221(d)(3) and Section 236 of
the National (lousing Act" as modified to fit the circumstances of this
j Section 8 Project, The Agreement has not yet been formally prepared.
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Cit,',f Of, I e?tton ~1lrr►rir mil ll"rildinfl, VoIN11,71,ois 76201
November 8, 1978
iir. JJm Carter
Director
Denton Housing Authority
Denton, Texas 76201
i Dear Jim:
At your request, I have met with the City Council to discuss the
proposed rehabilitation of Dreamland by the Denton Hous ng Authority.
This rehabilitation is consistent with the Housing Assistance Plan !
{ of the City of Denton as adopted by the City Council.
We appreciate the work that you and the D.H.A. are doing.
Sincerely,
Joe iiitchell
Mayor
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I'E. T i f It=!~
Wu, the undersigned residents of Denton, do petition the
City Council and the Denton I!uu';inq Authority to take the necessary
steps to re-establish the Dreamland Apartments as standard housing 's
fear to;f- I„conie famIIIes. Our petition also requests that services
iur ti,e residents ipelude: day care center, transportation,
williai iont rueflicai services, recreation (playground and cww,mnity
sl,di:e), security, and strong rdnagcr'w nt„ It is our belief that
!i.., apdrtmvnts and the services vouId provide a much needed iotal
,,j rdcl for our residents.
Address
doa~ ,
AM`10 (e t-(l,r~~c..
Ktalah4_.. .
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►ir171ON
We, the undersigned residents of Denton, do petition the
City Council and the Denton Housing Authority to tale the necessary
steps to re-establish the Dreawlani Apartments as standard housing
fur loan-income families. Our t•etitiuh a1.,u requests that services
for the residents include: day care center, transportation,
oulpdtient medical services, recrea}ion (iildyground and community
Snare), security, and strong r.anaiii-cnt. It is ,ar belief that
the apaifm:nts and the services %:,10d provide a iiwch needed total
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nrugrdw for our residents.
Address
Y Pei .!y
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PFIIT ION
We, the undersigned residents of Denton, do petition the
City Co1rncil and the Denton; ilousing Authority to take the necessary
steps to re-establish the Dreamland Apartments as standard housing
run low- income families. fur petition also requests that services
for the residents include: day care center, transportation,
nut patient riedical service;, recre,ition (Illaygraund and eoinmunity
Iaee), security, and strong e1,+nagenent It is our belief that
the apartments and the services would pruvido a much needed total
Jruyrali fur our residents.
ila nc ( Address ,
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t)[" IT] ON
We, the undersigned residents of Denton, do petition the
City Council and the De,oton Ilnusing Authority to take the neceFsary
I steps to re-establish the Drc!w,mland Apartments as standard housing
for low-income families. Our petition also requests that services
too the residents Include: day care center, transportation,
moll",tionl. medical servico5, recreation (playground and cowwunity
,,l„iu), security, and strong wanarlel-u'nl It Is our belief that
?L< < Iw rtments and the services would provide a much needed total
urlr all for our residents.
flame Address
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PET IT I'A r
k'e, the undersigned residents of Denton, do petition the
City Council and the Denton (lousing Authority to take the necessary
.,tees to re-establish the Dreamland Apartments as standard housing -y
lot- lour-income families. Our potitiun also requests that services i
for the residents inclule: , ddy care centor,` transportation, i
out;dtiont medical services, recreation (play(Iround and community
s.{1dce); security, and strong iadndgement. It Is our belief that
the dpartments and the services would provide a much needed total
;,iwjidi~ for our residents.
tldlu; Address
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Denton County Community Council
October 30, 1978
Mr. Jim Carter, Director
Denton Housing Authority
1
404 West Oak St.
suite 109
Denton, Texas 76201
Dear Jim:
The Denton County Community Council is interested in rehabilitation
of Dreamland. We are particularly interested in assisting in it's
becoming a model housing project in which the occupants receive the
full resources, support, protection and encouragement from the
community, i
We also want Dreamland to be a good, safe, clean place to live. }
The fact is that "you can't have one without the other". We fully
believe that, given the opportunity, we have the capability to make
Housing Dreamland Authority in accomplishing forward this objective. ng with the Denton
Sincere
Homer Reese
President
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HR:cb
cc: Fannie Belle Gaupp
An Orgtnlzatlon for the Coordination of Social Sorvka In Oanton County
es~.
R
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DISCOVERING
REACHING GROWING
November 8, 1978
Mr. Jim Carter
Denton Housing Authority
404 W. Oak, Suite 109
Denton,.Texas 16201
Dear Mr. Carters
For some time I have been aware of the need for more low-coat housing
in the Denton community. Partially through my work with the Human
Resources Advisory Committee of the City and also through my supervisory
role with Denton County Cooperative Ministries, I have felt that some
group or agency should undertake such a project.
Your plan to renovate Dreamland for housing for low-income families is
in keeping with my thoughts along this line. I am pleased that you are
willing to undertake this endeavor and wish your agency well in seeing
it through to completion.
Be assured of my wholehearted support.
Sincerely,
~~J ticcC.Q W.,,4ALd,,0P7 t-1/1
Dr. Gerald Williamson, Director
Denton Baptist Association
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GE BALD M. WILLIAMSON,OIR. OFMISSION$
DENTON BAPTIST ASSOCIATION • 3311 INTERSTATE 35
DENTON, TEXAS 76201 - 817/383.3544, METRO 434.2831
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North Taxes
state
University
November 14, 1978 -
+ Den78203 xas
Department
01
Sociology
Mr, Jim Carter Anthropology
Denton Housing Authority
404 W. Oak
Denton, Tx. 76201
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Dear Jim,
Since the NTSU Human Services Center opened in September
of this year we have worked with numerous clients who have
severe housing needs. We have found that people who are exper-
iencing housing problems are often also experiencing diffi-
culties in other areas of their lives. It has become clear
to me that there is a desperate need for additional low rent
%ousing in Denton But just as importnat, there is a need for
adequately maintained, low rent housing with some type of accom-
panying coordinating program to meet peoples housing needs
~J in a broad and all inclusive way. So very often we have found
that peoples material needs (i+a,housing, food, etc,) are almost
unseparately bound up with their emotional needs.
It would appear that there is an almost desperate need
for a broad housing program here in Denton - a place where
low income people could live and an accompanying program to
help them learn how to live productively. As I have worked
within the community these past three months I have heard
nothing but praise for the way the dousing Authority is run
here in Denton. It is a program that works because of the
people who administer it. It ;could seem to me that you peo-
ple are in the best position to develop and maintain the kind
of broad based low rent housing project that is so desper-
ately needed here in Denton.
Sinc ely,
Lee B. Hipple, AC3W
Coordinator, NTSU Human Services Center
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STATE OF TEXAS LEASE
COUNTY OF DENTON
Project No. _
THIS AGREEMENT made and entered into this day of *19 between the Owner,
acting by and throug is u y au or ze management agenasA~if
as LANDLORD, and
WITNESSETH:
WHEREAS, OWNER has entered into a Housing Assistance Payments Contract
with the Secretary of Housing and Urban Development, actin~~by a ch provides
the Federal Housing Commissioner (hereinafter called "HU0,11, wg assistance
portion of the rent as housi
that the Cammissioner will pay r
Housing s A on behalf of (qualified tenants pursuant to Section 8 of the U. S.
WHEREAS, OWNER has determined the eligibility of TENANT to reside at
the project and computed the amount o` the rent hereunder to be paid by
TENANT (hereinafter the Gross Family Contribution") and of the housing
assistance paynents on behalf of TENANT in accordance with schedules and
criteria established by HUD, and
WHEREAS, reexamination of TENANT family income, coopossiiti shall bee
extent of medical or other unusual expenses incurred by rime
E made by OWNER. at intervals no longer than two years and appropriate
redetermination shall be made by OWNER of the amount of theoallFiniac-
f Contribution and the amount of the housing assistance payment,
with schedules and criteria established by HUD;
NOW, THEREFORE, IT IS AGREED:
The OWNER hereby leases, and lets to TENANT and the TENANT hereby
takes and hires fron OWNER dwelling term come ng on the day
ending of the day of
J known as 1 of an
1
1g un1 ess sooner terminated as provided here n.
~2• (a) The rent shall be S per month plus $ for
utilltiy allowance (estimated averagchui i ty cost) which com"5ned equal
the total rent for the apartment
(b) $ for rent and $ for utilities shall be
payable by or at the rection of HUD as ous ng assistance payments on
behalf of the utility charges will be ofaid by thinTENANT. family incomes
shall be subject to change by medical expenses InsaccordanceewithtHUD established schedulesrandhcriteria;lor
i exp HUD of any applicable Allowance for Utilities
by reason Services adjustment Any by
and hin anotlficatio tocTENANT9e shalt be effective as of the date
stated .
total 3. The, t
all u cove-
tilities, which shall inyno event sinclude t telephones, OWNERn
Hants and agrees to furnish to TENANT at reasonable times and in reasonable
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amounts all such utilities. OWNER shall provide the following services and
equipment: electric range, electric refrigerator, air conditioning at
reasonable times and reasonable amounts, laundry facilities (coin operated),
drapes or blinds, recreation facilities at reasonable tilnes and in reason-
able amounts and trash removal.
4. TENANT agrees, in the event the amount of his monthly housing
assistance payments is adjusted as provided above, to pay, as his Gross
Family Contribution, in lieu of the amount specified in Paragraph 2 hereof,
the difference between the total monthly rental and the adjusted amount of
his housing assistance payments. OWNER agrees to give written notice to
TENANT, by an addendum to be made a part of this lease, immediately upon
such adjustment, stating the new amount TENANT will be required to pay as
TENANT'S share of the monthly rental (Gross Family Contribution).
5. TENANT'S share of the monthly rental (his Gross Family
Contribution) shall be payable to OWNER monthly in advance on or before
the first calendar day of each month at the office of the project manager or
to such other person or at such other place as OWNER from time to time by
written notice designates. If any monthly rental payment is not made by
TENANT within 5 days after the due date, TENANT agrees to pay a late charge
of 5% if the Gross Family Contribution is paid on the sixth (6th) day of
the month; 10% if paid after the tenth (10th) day of the month. Eviction
proceedings will be initiated on or after the fifteenth (15th) day of the
month if the said monthly Gross Family Contribution and the late charges
have not been paid in full. In the event any payment by TENANT to OWNER
is made by check, which check is not honored and is returned to OWNER
unpaid, by the bank upon which the same is drawn, TENANT agrees to pay a
penalty of $5.00 for each such dishonored and returned check in addition to
his obligation to immediately make good said check, and the payment of the
aforesaid late charge, if required.
6. This Lease may be terminated by the Resident and DHA at any
time after giving 30 day written notice to Owner. Owner may terminate this
lease by giving notice to Resident and DHA in the manner and time set out
hereinbefore for gor good causes, including 1)) serious or repeated inter-
ference with the rights of other Residents, ~2) serious of repeated damage
to the premises, (3) illegal use of premises, (4) default in payment of
rent, (5) failure to pay extra charges or service, (6) failure of the
Resident to keep his or her premises in a safe, clean and sanitary
E condition.
7. (a) TENANT certifies to the accuracy of the statements made
in the tenancy application and in all other documents furnished to OWNER
for purposes of determining TENANT'S eligibility to reside at
~J (b) TENANT agrees that the family income, family composition,
the extent of medical and other unusual expenses incurred by TENANT and
other eligibility requirements shall be deemed substantial and material
obligations of his tenancy with respect to the amount of housing assistance
payments for which TENANT 1s eligible and in determining TENANT'S share
of the monthly ren"ai (Gross Family Contribution).
(c) TENVIT agrees to comply promptly with all requests by
OWNER or HUD for infcrmation and certification concerning the total current
family income of the TENANT, the composition of the TENANT'S family, the
' extent of medical and other unusual expenses incurred by TENANT and other
requirements for occupancy and that his familure or refusal to comply
with o request for Information with respect thereto shall be deemed a
violation of a substantial obligation of his tenancy.
(d) TENANT agrees that a recertification of income shall be
made to OWNER at intervals no longer than two years from the date of the
previous certification.
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(e) TENANT understands that the housing assistance payments
and TENANT'S share of the monthly rental (Gross Family Contribution) are
subject to adjustment as herein provided and agrees to be bound by such
adjustment.
(f) TENANT shall not assign this lease; give accomodation to W1
any roomers, lodgers or other persons; or permit the use of the dwelling
unit for any purpose other than as a private dwelling solely for the
TENANT.
8. TENANT for himself and his heirs, executors and administrators
covenants and agrees as follows:
(a) to pay the monthly rental (Gross Family Contribution)
herein stated promptly when due, without any deductions whatsoever, and
without any obligation of the part of OWNER to make any demand for the same;
(b) to keep the dwelling unit in a clean and sanitary
condition, and to comply with all the laws, health and policy requirements
i with respect to said dwelling unit and appurtenances, and to save OWNER
harmless from all fines, penalties and costs for violations or non-
compliances by TENANT with any of said laws, requirements or regulations,
and from all liability arising out of any such violations or noncompliance;
(c) not to use the dwelling unit, or any part of the project,
for any purpose deemed hazardous by insurance companies carrying insurance
thereon,
(d) to take good care of the property of OWNER and promptly
report to OWNER any repairs that may be needed on said property; that if
any damage to the dwelling unit shall be caused by TENANT'S acts or
neglect, TENANT shall forthwith repair such damage at his own expense, and
should TENANT fail or refuse to make such repairs within a reasonable
time as determined by the OIJNER after the occurence of such damage, OWNER
may, at his option, make such repairs and charge the cost thereof to
TENANT., TENANT shall thereupon reimburse OWNER for the total cost of
damages so caused whether or not paid by OWNER, and such reimbursement
shall be due as additional rent of the first day of the calendar month
following demand therefor by OWNER of TENANT;
(e) to permit OWNER, or his agents, or persons authorized
by him, or any representative of any holder of a mortgage on the project,
to enter the dwelling unit at reasonable times for the purpose of making
inspections and repairs and replacements; to permit OWNER to show the
dwelling unit to prospective tenants during the last thirty days of the
term of this lease or any renewals and extensions thereof, (f) to have no animals or pets of any kind on the project,
other than those expressly permitted in writing by OWNER, and then only
upon such terms and under such conditions as OWNER may prescribe;
(g) not to make any alterations, additions or improvements
to OWNER'S prpperty or fixtures without the written permission of OWNER
and all such alterations, additions or improvements shall belong to
OWNER without reimbursement to TENANT for the cost thereof. TENANT
shall not drive nails into the walls of the dwelling unit or otherwise
attach to the building any decorations or devices except with the prior
written permission of OWNER.
(h) to permit OWNER or his agents to bring appropriate
legal action in the event of breach or threatened breach by TENANT o
any of the covenants or provisions of this lease.
9. TENANT, by the execution of this lease, covenants and agrees
that the dwelling unit described herein has been inspected by him and
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pt1ll.F1! A / RIa.2'a.fy
! meets with his approval in all respects. TENANT acknowledges hereby i■
that said dwelling unit has been satisfactorily completed, and OWNER
will not be required to repaint, replaster or otherwise perform any other
work, labor or service which it has already performed for TENANT.
TENANT covenants and agrees that the dwelling unit 1s in a tenantable
condition, and further covenants and agrees, at the expiration or prior
termination of the lease, to deliver up and surrender said dwelling unit
to OWNER in as good condition as when received, normal wear and tear
excepted.
10. No alteration, addition or improvements shall be made in or
to the dwelling unit without the prior consent of OWNER in writing.
11. TENANT agrees not to waste utilities furnished by OWNER; not
to use utilities or equipment for any improper o- unauthorized purpose;
and not to place fixtures, washers, dryers, air conditioning units, signs,
fences or television or radio antennas in or about the dwelling unit
without the prior permission of OWNER in writing. If such permission is
obtained, TENANT agrees, upon termination of the lease, to remove any
fixtures, signs, fences or television or radio antennas at the option
of OWNER, without damage to the dwelling unit. In the event of any
failure of utilities, appliances, fixtures or services to be performed or
furnished by OWNER for any cause not attributable to the fault of negli-
gence of OWNER, the same shall not result in any liability to OWNER, the
only responsibility of OWNER being reasonable diligence in his efforts to
restore such utilities, appliances, fixtures or services.
12. OWNER shall maintain the project in good repair and the
dwelling unit in tenantable condition, except in case of damage arising
fron the acts or neglect of the TENANT, or his family, guests, invitees,
servants, employees or agents.
13. TENANT hereby makes a security deposit of § (an amount
not to exceed one month's Gross Family Contribution) to secure the
faithful performance by TENANT of the tenns, covenants, conditions and
4 provisions of this lease and against any damage except normal wear
I and tear done to the dwelling unit and the equipment furnished by the
OWNER, by the TENANT, his family, guests, invitees, servants, employees
j , or agents; and agrees to pay when billed the full amount of such damage
{ in order that the security deposit will remain intact. Subject to such
deductions as are herein authorized, the security deposit, without
interest, will be refunded to TENANT within 30 days after TENANT surrenders
the dwelling unit to OWNER, provided TENANT has complied with all of his
obligations hereunder. No refund of the securit de sit will be made
unless TENANT Ives OWNE wr tten not ce o s ntent on to surren er the
dwe ng unit at east 30 days in advance o the last 2 a t e n t a
~J term or an success ve terms o t s ease. TENANT agrees to surrender the
e ng un to N upon the term mat on of this lease in the same
condition as when leased, normal wear and tear excepted. All costs and
expenses incurred by OWNER in restoring the dwelling unit to the same
condition as when leased, normal wear and tear excepted, will be paid by
TENANT and OWNER 1s hereby authorizes to deduct any and all unpaid charges,
damages, penalties or rentals fron the security deposit. To the extent
required by law, OWNER will furnish TENANT with a written description and
itemized list of all deductions fron the security deposit, provided
TENANT has furnished OWNER with a written copy of TENANT'S forwarding
address. Notwithstanding any other provision of this lease, OWNER will
not be obligated to return the security deposit or furnish a written
description of damages and sharges until TENANT has furnished his for-
warding address to OWNER.
14. OWNER shall not be liable to TENANT, his family, employees,
invitees, agents or guests, for any damage to persons or property caused
by the acts or omissions of TEr1ANT, or other tenants.
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15. Failure of the OWNER to insist upon the strict performance
of the terms, covenants, provisions and conditions herein contained, or
any of them, shall not constitute or be construed as a waiver or
relinquishment of the OWNER'S right thereafter to enforce any such terms,
covenants, provisions and conditions, but the same shall continue in
full force and effect.
lb. It is specifically understood and agreed between the parties
hereto that any obligation of the OWNER to pay money or other consid-
eration to TENANT shall be satisfied solely from the OWNER'S estate and
interest in the project of which the dwelling unit is a part, or the
proceeds thereof, and TENANT covenants and agrees that he will look solely
to such financial interest for the satisfaction of any remedy which he
may have for the collection of money or other consideration fron the
OWNER, by judicial process or otherwise.
17. Upon the termination of this lease for whatsoever cause,
TENANT covenants and agrees that he will promptly and peacefully vacate
and surrender possession of the dwelling unit to OWNER and that he will
promptly and peacefully surrender and deliver to OWNER all of the personal
peoperty belonging to OWNER.
18. OWNER may from time to time promulgate such rules and
regulations as OWNER deeds to be in the best interest of the orderly
management of the project. TENANT agrees to comply with such rules and
regulations and to cause his family, guests, invitees, agents, servants,
and employees to so comply, and any failure to comply therewith by TENANT
or any other such person shall be a breach of the conditions of this
lease. TENANT covenants that the conduct of himself, his family, guests,
invitees, agents, servants and employees shall never be disorderly or
boisterous; that is shall not disturb or interfere with the rights, comfort
or convenience of other persons on or around the premises; that is shall
not be unlawful or immoral. Parties in the dwelling unit shall be
limited to a reasonable number of guests; maintained strictly within the
dwelling unit with doors closed and terminated at a reasonable hour. No
parties shall be held on the premises outside of the dwelling unit
without the prior written permission of OWNER.
1 19. In case of damage by fire of act of God or in the event of
l malfunctions of appliances. fixtures or utilities, TENANT shall notify
1 OWNER immediately, and OWNER shall repair the damage or malfunction with
promptness and the monthly rental herein reserved shall not abate during
the period of such repairs or, if the premises are deemed by the OWNER
to be damaged to such an extent as to be unfit for occupancy, or, if
the OWNER decides not to repair or restore the building, this lease
shall terminate. TENANT agrees to 'accept a comparable dwelling unit
j in the project for the remaining term of this lease. If this lease is
so terminated rent will be prorated on a daily basis so that TENANT
shall pay rent only,up to the date of the damage, and the remainder
of the month will be refunded or credited.
20. TENANT further agrees that, should TENANT at any time or
in any manner (a) fail to pay, unctually at maturity as stipulated, the
rent (Gross Family Contribution ar other charges, damages and penalties
assumed under this lease, or violate any of the other terms, conditions
or provisions of this lease, or (b) discontinue the use of the dwelling
unit for the purpose for which they were rented, or vacate or abandon
same, because of ejection or otherwise, or (c) upon the adjudication
i of TENANT in bankruptcy, the appointment of a receiver for TENANT, of the
filing of a bankruptcy or receivership by TENANT, or (d) ;,:.on ~'NANV S
suspension, failure or insolvency, then the rent (Gross ;~.nily
Contribution) for which the whole unexpired term of this .ease shall at
once become due and payable and, in such event, OWNER shalt have th.
option either at once to demand the entire rent (Gross Family
Contribution) for the whole term or to immediately cancel this lease,
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without putting TENANT in default, TENANT to remain responsible for all
damages or losses suffered by OWNER; and thereupon, OWNER may, at
OWNER'S option, to the extent permitted by the laws of the State of
Texas, without consent of TENANT and without responsibility to TENANT for
any loss or damage resulting therefrom and without affecting the ob-
ligations of TENANT hereunder, enter said dwelling unit, by any means,
to decorate the same or make repairs, alterations or changes therein, if
OWNER sees fit, and lease or rent tie same for such price and on such
terms as may be immediately obtainable, either for the account of
OWNER or for the account of whom it may concern, at the option of
OWNER, but OWNER shall be under no obligation to do so. All remedies
agreed to in this lease are in addition to any other remedies provided
by law for enforcement of lease provisions by OWNER. TENANT agrees that
acceptance of partial payment by OWNER after notice of termination will
not constitute waiver of the notice unless OWNER agrees to a waiver in
writing, nor will such payment affect any legal proceedings taken or to
be taken by OWNER except to reduce TENANT'S obligation to OWNER by the
amount of such partial payment.
21. This lease shall be subordinate in respect to any deed of
trust that is not on or that hereafter may be placed against said pro-
juct, and the recording of any deed of trust shall have preference and
precedence and be superior and prior in lien to this lease, irrespective
of the date of recording and TENANT agrees to execute any such instrument
without cost, which may be deemed necessary or desirable to further
effect the subordination of this lease to any deed of trust, and a
refusal to execute such instrument shall entitle OWNER, or OWNER'S
successors and assigns, to the option of canceling this lease with-
out incurring any expense or damage and the term hereby granted is
expressly limited accordingly.
2Z. In return for TENANT'S continued fulfillment of the terms and
conditions of this lease, OWNER covenants that TENANT may at all times
while this lease remains in effect, have and enjoy for his sole use and
benefit the property herainabove described.
23. All notices required or contemplated by this lease from
OWNER to TENANT shall be deemed given when addressed to TENANT at the
j dwelling unit and delivered either personally, by leaving same in the
dwelling unit, or by United States Mail properly addressed and stamped.
All notices required or contemplated by this lease from TENANT to OWNER
shall be deemed given when addressed to OWNER in care of the resident
manager at the project and delivered by TENANT either personally or by
United States Mail properly addressed and stamped.
24. OWNER shall not discriminate against TENANT in the pro-
vision of services, or in any other manner, on the grounds of race, color,
creed, religion, sex or national origin.
25. This lease evidences the entire agreement between the parties
hereto and no modification or amendment thereof shall be made except in
writint and duly signed by OWNER and TENANT.
26. If any employee of OWNER renders any other services for or
at the request of TENANT, his family, invitees, agents, servants, employees
or guests, then, for the purpose of such service, such employee shall be
deemed the agent of TENANT, regardless of whether or not payment is
arranged for such service, and TENANT agrees to relieve OWNER and hold
OWNER harmless from any and all liability in connection with such
service.
27. Should an agent or attorney be employed to give special
attention to the enforcement or protection of any right or clain of
OWNER arising from this lease, if the TENANT is found at fault, TENANT
shall pay all costs, charges and expenses and, as fees and compensation
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to such agent or attorney, an additional sum of twenty percent (20%)
of the amount of such claim, or, it the claim be n)t for money, such
sum as will constitute a reasonable fee, the minimum fee, however, in
any event, whether the claim be for money or not, to be $25.00.
28. The covenants and provisions of this lease shall be binding
on the parties and their heirs, successors and assigns.
HOUSING AUTHORITY OF THE CITY OF DENTON
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BY: BY: „t
Management gent
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501 ]724784
I IANCOCK, JOSEPH & DANIELS, INC.
November 8, 1978
Mr. Jim Carter,
Executive Director
Denton Housing Authority
404 West Oak - Suite 109
Denton, Texas 76201
Re: Acquisition and Rehabilitation of Dreamland Project
Dear Mr. Carter:
Based upon our recent concurrence as to the financial
feasibility of the Dreamland Project and the Department
1 of Housing and Urban Development's indication that a 15
year Section 8 Housing Assistance program would be available
{ to fund the acquisition and rehabilitation of the project,
our ownerirand HUD to effect datfinancially feasible project.
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Very•t ulyra,
J. (D:' Ha cock,
President
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