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HomeMy WebLinkAboutR2004-016A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors or Executive Committee (the "Authority Board") of the Denton County Transportation Authority (the Authority"); and WHEREAS, pursuant to Resolution No.R2002-002 the City Council of the City of Denton appointed Joe Roy as a member of the Interim Executive Committee of the Authority for a two year term; and WHEREAS, by operation of law Joe Roy became a member of the Authority Board upon confirmation of the Authority as provided for in Chapter 460 of the Transportation Code; and WHEREAS, the two year term has expired and the City Council deems it be in the public interest to appoint a member and two alternates to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. ,~7~ is hereby appointed as a member and 2~//._~_~F~is hereby appointed as first alternate and' ff]//~-~. A/~ ,/5 t~ t~ is hereby appointed as second alternate to the Authority Board as representatives for the City of Denton, Texas. Each such person is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. A RESOLUTION ADOPTING NEW PROGRAM GUIDELINES TO INCREASE THE AMOUNT FOR A SINGLE FAMILY EQUIVALENT IMPACT FEE UNDER INCENTIVE GRANTS TO PAY WATER AND WASTEWATER IMPACT FEES FOR SINGLE FAMILY AFFORDABLE HOUSING RESIDENTIAL UNITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 98-052 on September 15, 1998 to provide for single family equivalent grants to pay water and wastewater capital recovery fees for thirty-nine affordable housing residential units constructed within the corporate limits of the city by non-profit corporations, provided the units comply with criteria for affordability, habitability, and other requirements established by the City; and WHEREAS, the City Council passed Resolution 2000-046 on September 5, 2000 and as required by Resolution No. 98~052 reviewed the Impact Fee Incentive Grant Program for Af- fordable Housing and has decided to extend the Program through the 1999-2000, 2000-2001 and for future fiscal years for which funding is allocated by the City Council; and WHEREAS, the impact fees for water and wastewater were reviewed and impact fees were increased after revision by the City of Denton in 2003; and WHEREAS, the program guidelines allowed for $2,527 or one single family equivalent grant based upon the old impact fees and that the single family equivalent under the revised im- pact fee schedule is $4,592.00; and WHEREAS, the Council deems it in the public interest to continue the Impact Fee Incen- tive Grant Program to promote affordable housing units within the City of Denton wishes to change the guidelines to reflect the increase in the impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the attached City of Denton Impact Fee Incentive Grant Program Guide- lines and Application Information are hereby approved and shall replace the previous Guidelines. SECTION 2. That save and except as amended hereby, all the sections, sentences, clauses and phrases of Resolutions No. 98-052 and Resolution No. 200-046 shall remain in full force and effect. SECTION 3. That this resolution shall become effective immediately upon its passage and ap- proval. PASSED ANDAPPROVEDthistNe~~ dayof ~//~r)~_~ ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information 1. Purpose. There is hereby established an Impact Fee Incentive grants standard policy to provide non-profit corporations incentives to construct affordable housing within the City of Denton, sometimes hereinafter referred to as "policf', for the following purposes: a) To reduce the housing cost burden for low and moderate income households; b) To provide home ownership oppommities for low income households; c) To provide affordable housing for low income elderly and disabled households; and d) To expand affordable housing units within the corporate limits of the City of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the City's property tax base. e) To provide an incentive to construct additional affordable housing units in Denton. 2. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing means owner-occupied single family homes that do not exceed City of Denton Housing Assistance Program cost guidelines, or housing for low income renter households that costs less than 30% of household income based on HOME program income requirements. Low-income household means a household that has an annual income less than 80% of the median household income for the Dallas metropolitan area, adjusted for household size, as per the applicable federal definition or as per the findings of the United States Secretary of Housing and Urban Development, in accordance with 42 USC §12745. Non-profit corporation means the equivalent of a "not-for-profit" corporation. It means a corporation no part of the income of which is distributable to its members, directors, or officers and which meets all the requirements of Article 1396 §1.01, et seq., the Non-Profit Corporation Act, Vemons Annotated Civil Statutes. Single family equivalent (SFE) shall mean an equivalent factor, based on the demand associated with the smallest water meter used in the City utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City utility system. Incentive Grant Standards A. Qualified Construction 1. New owner-occupied single family housing units, and/or 2. New renter-occupied, elderly or disabled multifamily housing Page 1 Qualified Occupants 1. Low-income households (see Attachment A), and/or 2. Low-income elderly or disabled households Qualified Developers Non-for-profit corporations that develop affordable housing Qualified Areas 1. Properties within the corporate limits of the City of Denton, and 2. Properties subject to water/wastewater impact fees Maximum Housing Cost 1. Price cap of owner-occupied unit(s) tied to the annual requirements of the City ofDenton's Homebuyer Assistance Program. 2. Price cap of renter-occupied units may not exceed the fair market rents established by the Denton Housing Authority (DHA), or may not exceed fair market rents established by HUD for the Dallas/Fort Worth area if DHA fair market rents are not available Dwelling Unit Longevity 1. Qualified owner-occupants must maintain ownership and reside in the unit receiving the grant for a minimum period of five (5) years. 2. Eligible multi-family housing units must not exceed total housing cost requirements for a period of not less than ten (10) years. Other Requirements 1. The affordable housing unit must be served by existing City infi:astructure and services. 2. The design and the construction of the affordable housing unit must meet the criteria established by the City of Denton Community Development Division for habitability, affordability, accessibility, water conservation, and energy efficiency. 5. Availability of Incentive Grants Grants available for the encouragement of the construction of affordable housing shall be limited to an amount set by City Council on an annual basis. Each SFE grant allowed may not exceed the amount of $4,592. Grants will be available on a first come, first served basis, based upon the date of submittal of an application for an impact fee exemption. 4. Grant Approval Process A. The Impact Fee Incentive Grant Program will be administered by the City's Community Development Division. B. Determination of eligibility of SFE units for grants for the 1998-99 fiscal year will be based on review of a written application established by and submitted to the City of Denton Community Development Division. C. The Community Development Division is authorized to collect any information necessary to determine compliance with the grant requirements. Page 2 Fo Fo Applicants must complete the application and execute the application certification prior to consideration for an exemption(s). Participant Developers must execute the following documents (Attachments B, C, and D): i. Impact Fee Incentive Grant Agreement ii. Note iii. Deed of Trust Upon approval of the application and execution of the documents listed above by the participant developers, the City Manager will execute the Impact Fee Incentive Grant Agreement. The agreement will be forwarded to the Community Development Division. Upon receipt of the Impact Fee Incentive Grant Agreement, the City of Denton Community Development Division Administrator will provide an Impact Fee Incentive Grant Certification to the City of Denton Building Official identifying the service addresses ofthe affordable housing units selected to receive grants. The written notice from the Community Development Division manager must be made before the issuance of a building permit authorizing the start of construction of the housing unit. SFE grant funds will not normally be provided directly to the Qualified Developer. The amount of applicable SFE grant funding will be transferred by the Community Development Division to the Water/Wastewater Department upon issuance of an Impact Fee Incentive Grant Certification. If impact fee payments have been made by the Qualified Developer on the unit(s) that have been awarded a grant(s), the Commumty Development Division will process a reimbursement. If the applicant fails to finish construction of the affordable housing unit within fifteen months after certification, the Community Development Division Manager may revoke the certification and require payment of the impact fees. IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be reviewed by the Community Development Division on a first-come, first-served basis. Upon approval of the application, Community Development will notify the Water/Wastewater Department and the Building Inspections Division of the service addresses of the units selected to receive impact fee incentive grants. Applicants for the Impact Fee Incentive Grant Program must submit the following information and an executed copy of the "Application Certification"to: Community Development Division 100 W. Oak Street, Suite 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance. Applicant Information 1. Name, address and telephone number of the nonprofit organization Page 3 II. III. Name and telephone of executive director or contact person List of Board of Directors members and officers Attach documentation ofincorporation and 501(c)(3) nonprofit status including Articles ofIncorporation, and letter from Secretary ofState's Office showing corporation currently in good standing and any documentationfrom internal revenue service showing tax exempt, non-profit status. Development Information 1. Name of development 2. Location (Please provide a general location and a legal description of the property.) Attach a map showing the site. 3. Describe the current status ofthe project - zoning issues, property acquisition, site preparation, building plans, required permits/approvals, projected start of construction and completion dates. Attach documentation ofsite control. Provide a project budget including a list of all financing sources. Attach copies of award letters or other documentation ofsecured financing. Other: a. b. C. Number of affordable single family units Number of affordable multifamily units (elderly & disabled) Statement from Building Inspections Department regarding the number of exemption needed for the project. Dollar amount of incentive grants requested (c multiplied by $4,592) Affordability Information 1. Describe how the organization will establish and enforce the required period of affordability for the unit(s). 2. What is the household income level of the project beneficiaries? 3. Describe the organization's household income verification procedures. 4. Attach a rent schedule for each affordable rental unit. 5. Attach a price schedule for each affordable owner unit. Page 4 City of Denton Impact Fee Incentive Grant Program Application Certification I, the undersigned duly authorized representative of , a Texas not-for-profit corporation which meets the requirements of the Texas non-profit corporation act, the "Applicant") owner of the proposed residential development described in the attached documents located at (property address), do hereby make application to the City ofDenton for (number) SFE impact fee incentive grants. I do hereby and declare, certify and represent as follows: 1. The applicant intends to construct single family units to be sold to qualified homebuyers or construct and operate a unit multi-family rental residential development (the Development) to be located within the City of Denton, Texas and desires that the City Provide grants of public funds to assist the Development from payment of water/wastewater impact fees in accordance with the Impact Fee Incentive Grant Program Guidelines. 2. The Applicant has received a copy of the Impact Fee Incentive Grant Program Guidelines with accompanying attachments, has reviewed the documents and hereby agrees to comply with all terms and provisions of the guidelines. 3. The Applicant has submitted a completed copy of the Impact Fee Incentive Grant Program Application and to the best of my knowledge, the information contained therein is true and correct. 4. The Applicant, if awarded an incentive grant, hereby agrees to execute a grant agreement (Attachment B) with the City of Denton for receipt of the grant. The Contract contains such provisions as are necessary to carry out the requirements of the Impact Fee Incentive Grant Program. 5. Before issuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton in the amount of the number of incentive grants granted times $4,592 and a Deed of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that the unit(s) receiving the incentive grant will be occupied by an eligible family with income below 80% of the median family income for the Dallas area and requiring an affordability period of five years for owner-occupied housing and ten years for multifamily housing. If the unit is not occupied within 15 months of the issuance of the Certificate of Impact Fee Incentive Grant Program approval, the Applicant will pay the $4,592 per unit required impact fee and such fee will be forwarded to the Utilities Department. Page 5 Based on the foregoing, the Applicant requests that the City of Denton grant the requested exemption in accordance with the Impact Fee Incentive Grant Program Guidelines. WITNESS MY HAND THIS DAY OF APPLICANT BY: Title: Page 6