HomeMy WebLinkAboutMay 5, 2009 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
May 5, 2009
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, May 5, 2009 at 4:30 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
1. Requests for clarification of agenda items listed on the agenda for May 5, 2009.
2. Receive a report, hold a discussion, and give staff direction regarding development and
submission of funding applications by the City of Denton under the American Recovery
and Reinvestment Act.
3. Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a
discussion regarding the proposed 2009 Action Plan for Housing and Community
Development and give staff direction.
4. Receive an update, hold a discussion and give staff direction regarding Denton Television
Network (DTV) and proposed upgrades to the Council Chamber and the City Council
Work Session Room.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorney - Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the grant of an easement for the construction,
maintenance and operation of a rail line within the Denton Rail Corridor to
the Denton County Transportation Authority (DCTA), the limits of said
corridor being all that certain lot, tract or parcel of land described in that
certain Quitclaim Deed from Missouri Pacific Railroad Company to the
City of Denton, Texas dated August 9, 1993, and filed on August 24,
1993, as Clerk No 93-R0058485 in the Real Property Records of Denton
County, Texas; and also being that same property described in that certain
Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the
Real Property Records of Denton County, Texas as Volume 4857, Page
020211 where such deliberation in an open meeting would have a
detrimental effect on the position of the City Council in negotiations with
DCTA. Consultation with the City's attorneys regarding legal issues
associated with the granting of said easement above described where a
City of Denton City Council Agenda
May 5, 2009
Page 2
public discussion of these legal matters would clearly conflict with the
duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
B. Consultation with Attorneys - Under Texas Government Code, Sec. 551.071.
1. Consult with City's attorneys on legal issues, relating to litigation styled
Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of
Denton, et al., Cause No. 4:07cv564, currently pending in the US District
Court, Eastern District, Sherman Division.
2. Receive a briefing and further status report from the City's attorneys
regarding the litigation entitled The City of Denton, Texas v. The
University of North Texas, Cause No. 2008-20043-158, now pending
before the 158th Judicial District Court in and for Denton County, Texas;
discuss, deliberate and provide the attorneys with direction. A public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council on Tuesday, May 5, 2009 at 6:30 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following
items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
City of Denton City Council Agenda
May 5, 2009
Page 3
1. Presentation of the Reliable Public Power Provider Recognition Award to
Denton Municipal Electric
2. Presentation of "National Day of Prayer" proclamation
3. Presentation of "Motorcycle Safety and Awareness Month" proclamation
4. Presentation of "Children's Mental Health Awareness Month and Day"
proclamation
5. Presentation of "National Nurses Week" proclamation
6. Presentation of "Denton Memorial Day" proclamation
7. Presentation of "Drinking Water Week" proclamation
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - M). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - M below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A Consider a request for an exception to the noise ordinance for amplified sound on
a Sunday for the purpose of the Apollo Time and the Music Time events. Apollo
Time and Music Time events are scheduled for the following Sundays: July 5,
July 12, July 19, 2009, from 5:00 p.m. until 10:00 p.m. and Sunday, July 26,
2009, from 5:00 p.m. until 10:30 p.m. The events will be held in Fred Moore
Park. Mr. Harold Jackson, the event organizer, is specifically asking for an
exception to the noise ordinance to allow for amplified sound on Sundays.
B. Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, for the 3rd Annual Summer Showdown, sponsored by the North
Texas State Fair Association located at 2217 N. Carroll Blvd. The event is to be
held on Saturday, June 13, 2009, beginning at 12:00 noon and concluding at 12:30
a.m. The exception is specifically requested for extension of the hours of
operation for amplified sound.
C. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas, and the One Hundred Club of
Denton; providing for the expenditure of funds; and provide for an effective date.
($650)
City of Denton City Council Agenda
May 5, 2009
Page 4
D. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of various sizes of front load refuse containers
for the City of Denton Solid Waste Department; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4283-Annual Contract for
Front Load Refuse Containers awarded to the lowest overall bidder Wastequip in
the annual estimated amount of $150,000). The Public Utilities Board
recommends approval (5-0).
E. Consider adoption of an ordinance awarding a 36-month contract for the lease of
production printing equipment for the Reprographics Division as approved by the
State of Texas Building and Procurement Commission through a Texas
Association of School Boards (TASB) catalogue; providing for the expenditure of
funds therefor; and providing an effective date (File 4307-Lease of Production
Printing Equipment to IKON Office Solutions, Inc. in the annual amount of
$90,264 for a 36-month total amount of $270,792).
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a professional services agreement for design and
engineering services relating to the Eagle Drive Drainage System for the City of
Denton Engineering Department: providing for the expenditure of funds therefor;
and providing an effective date (File 4309-awarded to Teague Nall and Perkins in
an amount not-to-exceed $304,800). The Public Utilities Board recommends
approval (5-0).
G. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with IMS Infrastructure Management
Services, LLC for an automated roadway inspection and evaluation as set forth in
the contract; providing for the expenditure of funds therefor; and providing for an
effective date (RFSP 4091 awarded to IMS Infrastructure Management Services,
LLC in an amount not to exceed $347,250).
H. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a cost reimbursement agreement between the City of Denton and
TxDOT, for TxDOT's reimbursement, upon the City's submittal of appropriate
bill(s) of sale, of the City's costs in purchasing various traffic signal control
equipment at various intersections within the limits of TxDOT's Loop 288 project
as provided for in the agreement's attachments; providing for the temporary
expenditure of funds thereof, and providing for an effective date in an amount to
be reimbursed by TxDOT not to exceed $213,391.00.
1. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Loop 288
traffic radar equipment from Twincrest Technologies which is available from only
one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements
of competitive bidding; and providing an effective date (File 4294-Purchase of
Traffic Radar Equipment for Loop 288 in the amount of $189,346).
City of Denton City Council Agenda
May 5, 2009
Page 5
J. Consider adoption of an ordinance of the City of Denton, Texas partially
abandoning and vacating a public utility easement from Epic Development, Inc.
To the City of Denton, recorded by County Clerk File Number 94-R0032573 of
the Real Property Records of Denton County, Texas, in the J. White Survey,
Abstract No. 1433, Denton County, Texas; and declaring an effective date.
K. Consider adoption of an ordinance authorizing the City Manager to execute a
water main cost participation agreement between the City of Denton, Texas and
Allegiance Hillview, L.P. for the City's participation in the oversizing of water
mains and in accordance with the terms and conditions of this ordinance;
authorizing the expenditure of funds therefor; and providing an effective date. (In
the not-to-exceed amount of $113,403.50) The Public Utilities Board
recommends approval (4-0).
L. Consider adoption of an ordinance of the City of Denton, Texas, approving an
Amendment to an Economic Development Program Grant Agreement dated
March 23, 2004 between the City of Denton and Windjammer, Ltd., assigning the
Agreement to NorthStar Bank of Texas; and providing an effective date.
M. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
Electric Fund with Utility System Revenue Bonds with an aggregate maximum
principal amount equal to $10,250,000 so that Denton Municipal Electric can
continue funding ongoing capital expenditures for expansion of the distribution
and transmission electric facilities; and providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing inviting citizens to comment on the City of Denton's 2009
Action Plan for Housing and Community Development.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapters 5 and 23 of the Denton Development Code
to specify those zoning district classifications allowing Wrecker Services and
Impound Lots, and to define Wrecker Services and Impound Lots in Subchapter
23; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. (DCA08-0010) The Planning and
Zoning Commission recommends approval (6-0).
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential 3
(NR-3) zoning district classification and use designation to a Neighborhood
Residential 6 (NR-6) zoning district classification and use designation for 0.367
acres of land located at the northwest corner of Ruth Street and Cross Timber
Street, and is legally described as Block 11, Lot 6 of the Alex Robertson
Addition, in the City of Denton, Denton County, Texas; providing for a penalty in
the maximum amount of $2,000 for violations thereof, severability and an
effective date. (Z08-0005) The Planning and Zoning Commission recommends
denial (7-0). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR
APPROVAL.
City of Denton City Council Agenda
May 5, 2009
Page 6
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 23 of the Denton Development Code;
revising the definition of Church and providing a definition for City Engineer;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. (DCA09-0001 The Planning and
Zoning Commission recommends approval (6-0).
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending the Denton Development Code and the Development
Standards for the Rayzor Ranch Overlay District by adding a new subsection
35.7.13.9.C., relating to administrative approval of minor site design
amendments; providing for severability; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, and providing an effective date.
(DCA09-0002) The Planning and Zoning Commission recommends approval
(6-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas
approving an interlocal cooperation agreement and granting an easement to the
DCTA on the Denton Branch Rail Trail for the purpose of building a public
commuter rail line; and declaring an effective date. The Mobility Committee
recommends approval (3-0). (Tabled from March 3, 2009)
B. Consider a request for an exception to the Noise Ordinance for amplified sound
for a party and musical concert to be held at 1815 W. Oak Street on Saturday,
May 16, 2009. The exception is specifically requested to extend the hours from
10:00 p.m. to 12:00 a.m. for amplified sound and for an increase to 70 decibels.
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and
directing the City Manager to execute an amendment to expand the scope of
activities and extend the term of a right of entry and possession, dated March 3,
2009, in favor of the Denton County Transportation Authority (DCTA) and
authorizing DCTA to enter upon and take possession of certain real property of
the City of Denton for the purpose of performing pre-construction activity as
described in Attachment "A" hereto; and providing an effective date.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a) Jordan Hudspeth regarding concerns of Southeast Denton.
b) Lanisha Hudspeth regarding concerns of Southeast Denton.
c) Hagar Hudspeth regarding concerns of Southeast Denton.
d) Willie Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Agenda
May 5, 2009
Page 7
E. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2009 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Community Development
ACM: Fred Greene
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding development and
submission of funding applications by the City of Denton under the American Recovery and
Reinvestment Act (ARRA).
BACKGROUND
Over the past three months, City staff has continued to monitor American Recovery and
Reinvestment Act (ARRA) program information provided by various Federal and State agencies.
Staff has submitted applications for the COPS grant and for Texas Water Development Board
Water/Wastewater projects. Application and eligibility information is not yet available for all of the
ARRA funding opportunities that are being monitored by City staff As this information becomes
available, staff will be working to develop applications and submit them to the appropriate Federal or
State agency.
The ARRA Chart will continue to be updated to provide information on the status of each potential
funding application. On a weekly basis, staff is requested to provide any additional information they
have received and their progress on the applications. When possible, copies of submitted
applications and other information will be available on the City's global drive at O: ARRA.
ESTIMATED PROJECT SCHEDULE
Information currently indicates that most applications for ARRA funding will be due in May or June.
Announcement of the awards and release of funds appears to be different for each funding source.
Some allocations may be available as early as August or September. Funding is required to be spent
within two to three years of the award.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
On March 10, 2009 Council approved an ordinance giving the City Manager authority to submit
funding applications for funding under ARRA programs.
Agenda Information Sheet
May 5, 2009
Page 2
FISCAL INFORMATION
Finance Department staff is participating on the ARRA Committee and receives information from
committee members regarding any matching fund requirements, "maintenance of effort" or other
local contributions that may be required as a result of a funding award.
EXHIBITS
ARRA Chart showing funding application status information.
Respectfully submitted:
Mark Cunningham
Director of Planning and Development
Prepared by:
Barbara Ross
Community Development Administrator
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning and Development/Community Development
ACM: Fred Greene
SUBJECT
Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion
regarding the proposed 2009 Action Plan for Housing and Community Development and give
staff direction.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the US
Department of Housing and Urban Development (HUD). The Action Plan serves as the City's
application for Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) programs.
In 2005, using a process with extensive input from citizens and local non-profit organizations,
staff developed Denton's Consolidated Plan for Housing and Community Development. The
Consolidated Plan is a five-year strategy detailing proposed housing, social services and public
works projects benefiting low and moderate-income households and neighborhoods. Annual
action plans are developed based on the strategies outlined in the Consolidated Plan. The 2009
Action Plan represents the fifth and final year in the City's five-year strategy.
Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held
in November 2008. Notes from the public hearing are included in the Action Plan. No citizens
attended the Spanish public hearing that was held on November 20, 2008. Application
availability was advertised from November through December. Staff held application workshops
in January. CDAC and HSAC reviewed applications and held funding hearings in February and
March. Each committee developed a set of funding recommendations to present to City Council.
Staff has developed the 2009 Action Plan using these recommendations. Administration
activities are also included in the Action Plan.
Minutes from the CDAC and HSAC meetings are attached to the Action Plan.
ESTIMATED PROJECT SCHEDULE
Public comment period April 20 through May 19
CDAC & HSAC presentation to City Council May 5, 2009
Public Hearing May 5, 2009
Action Plan approval June 2, 2009
Submission of Action Plan to HUD June 15, 2009
HUD release of funds & program initiation August 1, 2009
Agenda Information Sheet
May 5, 2009
Page 2
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee (CDAC) reviewed requests for housing and
infrastructure improvements. CDAC recommended $1,479,066 in CDBG, HOME and CDBG-R
funding be allocated to various projects and programs.
The Human Services Advisory Committee (HSAC) reviewed requests for social services
program funding. HSAC developed recommendations for use of both CDBG funds and City
General Fund dollars. Though the list of general fund recommendations is included in the
Action Plan, the approval of the Plan does not include approval of those recommendations.
General fund recommendations will be considered during the normal budgeting cycle. HSAC
recommended awards of $131,389 in CDBG funding to various programs. HSAC also worked
with CD staff to quickly develop recommendations for use of $22,000 in CDBG-R funding.
FISCAL INFORMATION
All projects and programs approved under the 2009 Action Plan are funded through CDBG,
HOME, CDBG-R and program income from the use of these funds. No General Fund dollars are
included in the proposed Action Plan activities. Some General funds are budgeted for program
administration.
EXHIBITS
1. CDAC Funding Recommendations Chart
2. HSAC Funding Recommendation Chart
3. CDBG-R Funding Recommendations Chart
4. 2008 Action Plan for Housing and Community Development
Respectfully submitted:
Mark Cunningham
Director of Planning and Development
Prepared by:
Barbara Ross
Community Development Administrator
EXHIBIT 1
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS
2009/10 PROGRAM YEAR
2009 CDBG HOME BALANCE
APPLICATION FUNDING FUNDS FUNDS NOT
REQUEST $773,910 $514,404 FUNDED
21 Non-I'rolit ]),,\I 1(' IZcntal Unit Improxancrnts $112_U2~ $112.025 $0
22 Non-Profit Denton City County Day School Facility $56,730 $49,530 $7,200
Improvements
23 Community Minor Repair Program $98,000 $98,000 $0
Development
24 Parks and Cooper Creek Trail Bridge $150,000 $150,000
Recreation
25 Engineering Chambers St Sewer Line Replacement $160,355 $160,355 $0
25 Engineering Simmons and Park St Sewer Line $174,236 $174,236 $0
Replacement
25 Engineering Boardwalk St Sewer Line Replacement $137,860 $137,860 $0
25 Engineering Anderson St. Sidewalks $50,968 $50,968 $0
25 Engineering Egan St Sidewalks $104,169 $104,169
25 Engineering Crescent St Sidewalks $139,650 $139,650
25 Engineering Scripture St Sidewalks $179,111 $179,111
26 Non-Profit AIDS Services Capital Bldg Campaign $100,000 $100,000
Conununit\ <
$1 U__ )o 1 $3 )-l. 31) I 3 l j
27 I lomc Impru~ cmait I ro~~ram $471_401
I)c~clopulcnt
Comnumit\ 28 1aiant-13tisul IZaItal l~ssistancc Program $8.000 $8.000 $U
1)cx clopmcnt
TOTAL FUNDING RECOMMENDED $1,942,505 $773,910 $514,404 $654,191
TOTAL FUNDING AVAILABLE $1,288,314 $773,910 $514,404 $0
TOTAL FUNDING DIFFERENCE ($654,191) $0 $0 ($654,191)
Shaded requests are HOME eligible activities
EXHIBIT 2
2009-10 Human Services Advisory Committee
Recommendations for Funding
2009-10 Recommendations
ORGANIZATION 2008-09 2009-10 Recommendation General Fund CDBG
Award Request
1 AIDS Services of North Texas 12,000 30,000 12,000 546 11,454
2 Camp Summit 4,000 14,810 4,000 4,000 0
3 Court Appointed Special Advocates (CASA) 10,000 12,000 10,000 10,000 0
4 Children's Advocacy Center 9,000 73,862.15 7,500 7,500 0
5 City of Denton - PARKS - Denia Program 7,000 29,923.21 6,000 0 6,000
6 City of Denton - PARKS - MLK Program 7,000 23,330.21 6,000 0 6,000
7 Communities in Schools 20,000 5,000 5,000
8 Day Stay for Adults 6,500 12,000 7,500 7,500 0
9 Denton Christian Preschool 22,500 28,589 22,000 22,000 0
10 Denton City County Day School 26,500 36,000 26,000 0 26,000
11 Denton Co. Friends of the Family 24,000 30,000 24,000 0 24,000
12 Fairhaven (Plano Comm. Home Sponsor) 8,500 17,118 0 0 0
13 Family Health Care, Inc. 23,500 23,500 20,035 0 20,035
14 Fred Moore Nursery School, Inc. 22,000 30,000 23,720 23,720 0
15 HOPE, Inc. - HMIS 18,000 18,000 18,000 18,000 0
16 HOPE, Inc. -Transitional Housing 21,000 22,000 20,400 0 20,400
17 People's Clinic of Denton Co. 30,000 14,000 14,000
18 Retired Senior Volunteer Program (RSVP) 8,000 10,000 7,530 7,530 0
19 Special Programs for Aging Needs (SPAN) 17,500 25,000 17,500 0 17,500
Denton Community Food Room 4,000
ANNUAL TOTALS 251,000 486,132.57 251,185 119,796 131,389
Did Not Request Funds for the Year specified FUND 2008-09 2009-10
General Fund $119,602 $119,796
C.D.B.G. $131,398 $131,389
Total $251,000 $251,185 3/23/2009
EXHIBIT 3
Project/Program Amount
Administration $20,165
Fred Moore Pavilion $33,420
Fred Moore Electrical $3,332
Ruth Sewer $0
Redwood Sewer $154,000 CDBG-R Recommendations
Home Improvement Program $0
Family Health Care $3,500
SPAN $2,500
AIDS Services of North TX $4,500
Adult Day Stay $4,450
HOPE, Inc. $4,550
RSVP $2,500
TOTAL $232,917
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Public Improvements Human Services
Prepared for the U.S. Dept. of Housing and Urban Development
Denton City Council Presentation on May 5, 2009
www. cityofdenton. com
ADA/EOE/AREA
TABLE OF CONTENTS
A. Executive Summary of Action Plan
1. Introduction ..................................................................................................................1
2. Funding Summary ........................................................................................................1
3. Local Match ..................................................................................................................2
4. Citizen Participation .....................................................................................................2
5. Amendments .................................................................................................................3
6. Evaluation of Past Performance ...................................................................................4
B. SF-424 Application
1. CDBG Application .......................................................................................................6
2. HOME Application ......................................................................................................7
C. Projects/Activities
1. Summary ......................................................................................................................8
2. CPD Listing of CDBG and HOME Proposed Projects ................................................9
3. Other Resources Available .........................................................................................19
D. CP Strategies and Proposed Projects
1. Housing Strategies ......................................................................................................20
2. Continuum of Care Strategies ....................................................................................21
3. Lead-Based Paint Strategies .......................................................................................24
4. Human Services Strategies .........................................................................................24
5. Infrastructure & Public Facilities Strategies ..............................................................26
6. Demolition Strategies .................................................................................................27
7. Anti-Poverty & Economic Development Strategies ..................................................27
8. Barriers to Affordable Housing ..................................................................................27
E. Proposed Project Map ......................................................................................................28
F. Other Program Requirements
1. HOME - Forms of Investment ...................................................................................29
2. Monitoring Standards and Procedures ......................................................................29
3. Public Housing Improvements ...................................................................................30
4. Public Housing Resident Initiatives ...........................................................................30
5. Institutional Structure .................................................................................................30
6. Chronic Homelessness ...............................................................................................31
7. HOME - Minority Outreach Program ........................................................................32
G. Certifications ....................................................................................................................33
H. Community Development Minutes
1. Minutes from Public Hearings ...................................................................................38
2. 30-day Comment Period .............................................................................................42
3. Community Development Advisory Committee Minutes ..........................................43
4. Human Services Advisory Committee Minutes .........................................................59
1. Appendix
1. A - Annual Housing Completion Goals .....................................................................75
EXECUTIVE SUMMARY
INTRODUCTION
This document serves as the City of Denton's 2009 Action Plan for the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance
with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is required to submit a One-Year Action Plan to the U.S.
Department of Housing and Urban Development. The plan outlines the specific projects and
services that will be funded during the 2008 Program Year to address Denton's strategies stated
in the 2005-2009 Consolidated Plan for Housing and Community Development. The following
five-year strategies were identified in 2005 year and are reaffirmed this year:
■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production
of Affordable Units;
■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment,
Emergency Shelter, Transitional Housing and Transition to Permanent Housing and
Independent Living;
■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to
Owners and Homebuyers;
■ Human Services Strategies: Improve availability and accessibility of basic food,
emergency shelter, transitional housing, services promoting strong, supportive relationships
for families, and basic health care and mental health services.
■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and
Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public
Facilities, Park Improvements and Demolition of Substandard Structures;
■ Anti-Poverty & Economic Development Strategy: Support Training and Employment
Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of
Start-up and expansion industry.
FUNDING SUMMARY
The City of Denton is currently an entitlement city for the Community Development Block Grant
(CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME)
Programs. SF-424 applications for CDBG and HOME are on page 6 and 7, respectively. The
table below shows the federal funding available from the U. S. Department of HUD for the
2008/09 program year. The table below also indicates the amount of CDBG and HOME funds
that will benefit low and moderate income persons.
U. S. Department of Housing Urban
Development CDBG CDBG-R HOME TOTAL
Entitlement Grant (Includes Reallocated
Funds)* $875,933 $232,917 $524,560 $1,633,400
Reprogrammed Prior Years' Funds $186,953 $0 $0 $186,953
Estimated Program Income $22,000 $0 $47,000 $69,000
Total Funding Sources from HUD $1,084,886 $232,917 $571,560 $1,889,363
Benefit to Low & Moderate Income Persons $905,299 212,752 $514,404 $1,632,455
Page 1
*Actual Entitlement Amounts for CDBG and HOME have not been released by HUD. These
amounts represent an estimate amount based on last year's entitlement grants.
The City of Denton and subrecipients also receives many other federal, state, local and private
funds during the 2009-10 Program Year to address priority needs and specific objectives
identified in the City of Denton Consolidated Plan.
LOCAL MATCH
The HOME program requires a participating jurisdiction to provide a 25% match of the federal
HOME funds. The City of Denton's local match for the HOME program is $118,026. The 25%
match of federal HOME funds excludes administrative allowances of 10%. The City of Denton
will provide the match from a variety of sources including the following:
1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable
Housing Corporation (DAHC) for home ownership assistance and home improvement.
2. Denton County Housing Finance Corporation and other non-federal funding awarded to
Denton Affordable Housing Corporation and City of Denton.
3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME
eligible projects.
CITIZEN PARTICIPATION
To ensure citizen participation in the 2009 Action Plan process, the city followed its Citizen
Participation Plan. Public hearings were held November 17 and 20. The November 20th public
hearing was held in Spanish. The public hearings updated citizens on the status of current
programs and activities and asked the citizens how they felt the 2009 funds should be spent. Both
of the public hearings were held within a low and moderate-income neighborhood. See page 43
for minutes of both public hearings. Information on the public hearings was included in the
Community Development Newsletter that was mailed out to neighborhood associations; service
agencies and beneficiaries; city council, Human Services Committee (HSC) and Community
Development Advisory Committee (CDAC) members; churches; contractors; participating
lenders; citizens who attended previous public hearings; and interested citizens. A notice was
also placed in the Denton Record-Chronicle.
After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle
summarizing the plan and announcing to the public where the Action Plan was available for
review, and the process for submitting comments to the City of Denton. The advertisements also
included information on the upcoming public hearing. An ad was also placed in the quarterly
Community Development Newsletter that is mailed to all agencies, applicants, Realtors,
participating lenders, committees, and city employees. All comments received from the public
were addressed before submitting the plan to the U.S. Department of Housing and Urban
Development. Comments received during the 30-day comment period will be included in the
Action Plan.
To ensure citizen participation at all stages of the 2009 Action Plan process, a public hearing will
be scheduled on May 5, 2009 during a City Council Meeting to give citizens the opportunity to
comment on the 2009 proposed projects and activities. Seepage 38 for minutes of the public
hearing.
Page 2
AMENDMENT OF CDBG FUNDS
The City of Denton is also amending the 2003, 2004, 2005, 2006, 2007 and 2008 Action Plans
for Housing and Community Development to reallocate $186,953 in CDBG funds from
cancelled projects, contingency funds or unprogrammed funds. A total of $102,942 in
contingency funds from program years 2003 through 2007 are available from from completed
projects. In 2007, $60,000 in CDBG was allocated to the Denton Children's Advocacy Center.
This project has been cancelled. In 2008, $24,011 in CDBG funds was available as
unprogrammed funds. Funds from these sources will be reallocated to current 2009 projects.
AMENDMENT OF CDBG-R FUNDS - STIMULUS FUNDS
The City of Denton is also amending its 2008 Action Plan to incorporate CDBG-R funding. The
City of Denton received $232,917 of American Recovery and Reinvestment Act (ARRA) funds,
commonly referred to as the stimulus bill. The ARRA funds received are 2008 CDBG funds in
addition to the City's annual CDBG entitlement funds. The City of Denton is incorporating the
ARRA proposed activities in the draft 2009/10 Action Plan for Housing and Community
Development as an amendment to the 2008 Action Plan.
The following is a list of proposed projects for the $232,917 in Ameri can Recovery and
Reinvestment funds:
1. Administration Funds - $20,165
Funds will be used for program management, coordination, monitoring and evaluation
associated with carrying eligible activities. Program carried out the the City's
Community Development Department.
2. Fred Moore Pavilion - $33,420
Project consists of replacing the Pavilion on the North side of the Multi-Purpose court at
the Fred Moore Park located at 701 Wilson Street. The current pavilion is a wood
structure with composite shingles that is high maintenance and prone to water leaks. The
structure will be replaced with steel that requires less maintenance over time. The
pavilion is located is CT 212 BG 2 and will benefit 2,192 people. The project will be
carried out by the City's Parks and Recreation Center.
3. Fred Moore Park Electrical - $3,332
Project consists of renovating the electrical service at Fred Moore Park located at 701
Wilson Street. The replacement is due to broken or missing pars and general disrepair of
current system. The electrical service is currently a high maintenance and is a safety
issue for both employees and public. The pavilion is located is CT 212 BG 2 and will
benefit 2,192 people. The project will be carried out by the City's Parks and Recreation
Center.
4. Redwood Street Sewer Replacement Project - $154,000
The project consists of replacing about 1,665 linear feet of 8" sewer line on Redwood
Street from Mingo Drive to University Drive. The new 8" sewer line constructed would
be placed in the street. The existing sewer line is substandard size, has met the life
Page 3
expectancy with significant age deterioration, is in a state of disrepair and has a number
of service issues with sewer line chokes. The project is located is CT 20601 BG 1 and
will benefit 1,632 people. The project will be carried out by the City's Engineering
Department.
5. Family Health Care - $3,500
Provision of prenatal clinic aiding women who are without private insurance or
Medicaid. Funds will be used to assist an additional 16 low-income clients with prenatal
care during the 2008/09 contract year. Program will be carried out by the Family Health
Care, Inc.
6. SPAN, Inc.(Services Programs for Aging Needs) - $2,500
Provision of congregate and home-delivered meals to the elderly. Funds will be used to
provide meals to 12 additional clients during the 2008/09 contract year. Program will be
carried out by SPAN, Inc.
7. AIDS Services of North Texas - $4,500
Provision of food and medical care to individuals and families impacted by AIDS/HIV.
Funds will be used to buy food, hygiene products and medical care for an additional 7
clients during the 2008/09 contract year. Program will be carried out by AIDS Services
of North Texas.
8. Day Stay for Adults - $1,950
Provision of day stay activities and meals to functionally impaired adults for additional? clients.
Funds will be used to subsidize daycare costs not covered by Medicaid reimbursement. Program
will be carried out by Day Stay for Adults. Program will be carried out by Day Stay for
Adults.
9. HOPE, Inc. - $4,550
Provision of financial assistance to families who are homeless or at risk to be homeless
including rent or utilities and child care. Funds will assist an additional family through
the 12 to 24 transitional housing program. Program will be carried out by HOPE, Inc.
10. RSVP - $5,000
Funds will add an additional 200 new mothers to the Seniors for Childhood
Immunization reminder system during the 2008/09 contract year. Program will be
carried out by RSVP Serving Denton County.
EVALUATION OF PAST PERFORMANCE
It is evident from the information on performance outcomes in the 2006-'07 CAPER that the
City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals.
Even though the expected level of funding has not been received, Denton continues to make
progress toward meeting goals outlined in the 2005-2009 Consolidated Plan for Housing and
Community Development. However, it is important for City staff, residents, and HUD officials
to understand that lower than expected funding levels have caused a reduction in the level of
service and number of units previously expected to be assisted. This has required more efficient
use of available funding and more time spent on seeking additional funding sources. As a result,
Page 4
the number of individuals and households assisted during the five-year period will likely fall
short of projected outcomes.
During the past year, existing programs such as Homebuyer Assistance, Home Improvement and
Minor Repair have supported homebuyers and homeowners. These programs have succeeded in
providing current residents of the City with opportunities to improve their housing situation. The
Home Improvement Loan and Minor Repair programs have succeeded in promoting the
revitalization of older, decaying neighborhoods. Recently, Community Development staff
sought out additional funding to supplement funding available in the Homeownership Assistance
Program. This funding was awarded and is used by the City to help make repairs on units that
might otherwise not been available to new homebuyers. Though these programs continue to be
successful, again with recent funding cuts and the significant cost increases occurring during the
past year, program target numbers for the five-year period will probably not be met.
Continuum of Care activities continue to be successful and bring Emergency Shelter Grant funds
from the State of Texas and Supportive Housing Program funding from HUD into the Denton
County area. These funds are used by local agencies to meet the needs of homeless and
potentially homeless individuals and families. Five agencies participate in a collaboration that,
for the past four years, has been funded by the State ESG program. Activities include homeless
prevention, provision of essential services and payment of operating and maintenance costs for
shelters. SUP funding continues to support the Homeless Management Information System for
the Denton County Homeless Coalition.
Other public services activities funded by the City of Denton through both CDBG and general
funds have been successful in meeting identified needs in the Denton community. Health care
has been one area where the community has made significant strides. The People's Clinic has
opened and is providing services to low-income individuals in Denton County. The City
supports the Clinic by providing funding for patient services and medications that are not
covered through the Medicaid system. The City of Denton continues to support childcare for
low-income families, services for the elderly and households affected by AIDS.
During the past year, there was a major push to complete public improvement projects. Staff
was successful in completing five major projects. Two other projects were cancelled and one is
substantially complete. This should ensure that the City of Denton has no timeliness issues.
Drawdown of grant funding is completed on a monthly basis. Community Development
expenditure records are reconciled with those of the Accounting Department prior to any
drawdown of funds. As a result of this reconciliation process and the time lapse between actual
expenditure of funding and drawdown of Federal funding to cover expenditures, the City of
Denton is always compliant with U. S. Treasury and U. S. Department of Housing and Urban
Development drawdown requirements.
Programs and activities developed to meet community needs are reaching stated goals. Housing,
social services, neighborhood revitalization and public facility improvements are focus areas for
Denton Community Development. Strong collaborative efforts among the local service and
housing organizations along with support from the major cities of Denton, Lewisville and Flower
Mound, continue to expand opportunities for low-income individuals and households in an effort
to help them reach self-sufficiency.
The implementation of Denton's Consolidated Plan has not been hindered by action or willful
inaction of staff, citizens or elected officials.
Page 5
SF 424
Complete the tillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee
Information Worksheet.
Date Submitted Applicant Identifier
June 15, 2009 756000514 Type of Submission
Date Received by state State Identifier
Application Pre-application
Date Received by HUD Federal Identifier
❑ Construction ❑ Construction
❑ Non Construction ❑ Non Construction
Applicant Information
Jurisdiction CITY OF DENTON UOG Code
Street Address Line 1 601 E. HICKORY, SUITE B Organizational DUNS 07-138-0190
Street Address Line 2 Organizational Unit
City DENTON State TEXAS Department PLANNING & DEVELOPMENT
ZIP 76201 Country U.S.A. Division COMMUNITY DEVELOPMENT
Employer Identification Number (EIN): County DENTON
5-6000514 Program Year Start Date (MM/DD) 08/01/09
Applicant Type: Specify Other Type if necessary:
Local Government: Township Specify Other Type
U.S. Department o
Program Funding Housing and Urban Development
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by
Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles: Description of Areas Affected by CDBG Project(s)
Housing rehabilitation, minor repair, public facility Denton, Texas
improvements, provision of public services, homeownership
assistance, and program administration.
CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe
875,933
Additional Federal Funds Leveraged Additional State Funds Leveraged
Locally Leveraged Funds Grantee Funds Leveraged
Anticipated Program Income Other (Describe)
22,000
otal Funds Leveraged for CDBG-based Project(s)
Page 6
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s)
CHDO for acquisition, rehab and homeownership Denton, Texas
assistance, tenant based rental assistance and program
administration
$HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe
$524,560
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$47,000
Total Funds Leveraged for HOME-based Project(s)
Housing Opportunities for People with AIDS 14.241 HOPWA
HOPWA Project Titles Description of Areas Affected by HOPWA Project(s)
$HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project Titles Descri tion of Areas Affected b ESG Pro ect(s)
$ESG Grant Amount Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for ESG-based Project(s)
Congressional Districts of Is application subject to review by state Executive Order
Applicant Districts 26 Project Districts 26 12372 Process?
Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the
"Yes" please include an additional document state EO 12372 process for review on DATE
explaining the situation. ❑ No Program is not covered by EO 12372
❑ Yes ❑ No ® N/A Program has not been selected by the state
for review
Person to be contacted regarding this application
First Name Barbara Middle Initial L. Last Name Ross
Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753
eMail brosspcityofdenton.com Grantee Website - www.cityofdenton.com Other Contact
Signature of Authorized Representative - George C. Campbell, City Manager Date Signed
Page 7
2009 PROJECTS/ACTIVITIES
SUMMARY
The City of Denton's total federal and program income funding for 2009 is $1,889,363 (includes
$186,953 of Reprogrammed Funds). Program funds have been allocated to an array of projects and
activities to benefit low and moderate-income households. Each project is described in detail from
pages 9 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME
proposed projects and activities for their assigned page number:
HOME
Page # Project Name CDBG Funds Funds
8 Anderson St. Sidewalks $50,968
g AIDS Services of North Texas $11,454
9 Boardwalk St Sewer Line Replacement $137,860
9 CDBG Administration $179,587
10 Chambers St Sewer Line Replacement $160,355
10 PARD: Denia Summer Program $6,000
11 PARD: MLK Summer Program $6,000
11 DAHC Rental Unit Improvements $112,025
12 Denton City County Day School Project $49,530
12 Denton City County Day School Services $26,000
13 Denton Co. Friends of the Family $24,000
13 Family Health Care, Inc. $20,035
14 HOME Administration $0 $57,156
14 Home Improvement Program $102,961 $394,379
15 HOPE, Inc. - Transitional Housing $20,400
15 Minor Repair Program $98,000
16 Simmons and Park St Sewer Line Replacement $174,236
16 Special Programs for Aging Needs (SPAN) $17,500
17 Tenant-Based Rental Assistance Program $8,000
Total Funding Allocated to Projects $1,084,886 $571,560
Funding Available $1,084,886 $571,560
Balance of Funds $0 $0
Page 8
PROJECT DESCRIPTIONS
The following are descriptions of projects and activities that will be funded during the 2009
Program Year with CDBG and HOME funds:
AIDS SERVICES OF NORTH TEXAS
Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to
buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Program
will be carried out by AIDS Services of North Texas.
HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Non-Homeless Special Needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons. Outcomes:
Specific Outcomes: Number of persons assisted with improved access to ® Availability/Accessibility
a service - 55 persons ❑ Affordability
Project Goals: 55 People ❑ Sustainability
Primary Purpose: ❑ Homeless ® HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $11,454
Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0
Start Date 10/1/2009 Other Sources $0
Completion Date 9/30/2010 Total $11,454
ANDERSON STREET SIDEWALK
Installation of sidewalks and disability access ramps on the north and south side of Anderson Street from
Amarillo to Mounts Streets. Project will require the installation of about 1,100 feet of new sidewalk and
disability access ramps. Program will be carried out by the City of Denton's Engineering Department.
HUD Matrix Code: 03 Sidewalks Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living
Environment
Priority Need: Infrastructure ❑ Decent Housing
Improve quality/increase quantity of public ❑ Creating Economic
Specific Objective: improvements for low income persons. Opportunities
Outcomes:
Specific Outcomes Number of persons assisted where activity was used ® Availability/Accessibility
Indicators: to meet a measurable improved quality ❑ Affordability
Project Goals: 1,100 feet of new sidewalk ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $50,968
Location: City Wide, Denton, TX 76201 HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $50,968
Page 9
BOARDWALK STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Boardwalk Street with a new 8" from Hill to Lincoln and
South on Lincoln to Chambers. The existing sewer line is in a state of disrepair. The replacement
line will require an 8" line and manholes for approximately 890 feet. The new line would be
constructed and placed in the street. Project will be carried out by the City's Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $137,860
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $137,860
CDBG ADMINSTRATION
CDBG funds will be used for program management, coordination, monitoring and evaluation associated with
carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The
program will be carried out by the City's Community Development Department. Funding includes $6,000 in
proposed CDBG program income.
HUD Matrix Code: 21A General Program Administration 570.206 Objectives:
Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment
❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic
Specific Objective: N/A Opportunities
Outcomes:
Specific Outcomes: N/A ❑ Availability/Accessibility
Project Goals: N/A ❑ Affordability
❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $179,587
Location: Community Wide HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $179,587
Page 10
CHAMBERS STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Chambers Street with a new 8" from west Lincoln to Hill
and South on Hill to Smith. The existing sewer line is in a state of disrepair. The replacement line
will require an 8" line and manholes for approximately 960 feet. The new line would be constructed
and placed in the street. Project will be carried out by the City's Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $160,355
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $160,355
DAHC - AFFORDABLE HOUSING CORP
Provision of a rehabilitation of affordable rental units in Denton for special needs. Funds will be utilized for
the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses of
the agency. Program carried out by the Denton Affordable Housing Corporation.
HUD Matrix Code: 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives:
❑ Suitable Living Environment
Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing
Priority Need: Rental Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of affordable rental housing.
Outcomes:
Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility
Indicators: facility - 83 housing units ❑ Affordability
Project Goals: 83 housing units ® Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: CHDO 92.2 CDBG $0
Location: Community Wide HOME $112,025
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $112,025
Page 11
DENTON CITY COUNTY DAY SCHOOL PROJECT
Project consists of making needed improvements to the school. Funds will be used to replace existing roof,
painting gymnasium and exterior of school and installing signage and storage shelves. The school provides
affordable day care on a sliding scale. Project will be carried out by the City's Community Development
Department and Denton City Count Da School.
HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living
Environment
Priority Need: Public Facilities ❑ Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: persons. Opportunities
.
Outcomes:
Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility
Indicators: facility - 185children ® Affordability
Project Goals: 185 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $49,530
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 08/01/09 Other Sources $
Completion Date 07/31/10 Total $49,530
DENTON CITY COUNTY DAY SCHOOL
Provision of childcare services for low income children between the ages of 2 years and 5 years.
Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding
scale. Project will be carried out by the City's Community Development Department and Denton City County
Day School.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ❑ Availability/Accessibility
Indicators: a service - 185 persons ® Affordability
Project Goals: 185 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $26,000
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $26,000
Page 12
DENTON COUNTY FRIENDS OF THE FAMILY
Provision of counseling services, crisis assistance and emergency shelter for family members impacted by
domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic
violence. Program will be carried out by the Denton County Friends of the Family.
HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Homeless ❑ Creating Economic
Specific Objective: Provide emergency services for homeless persons. Opportunities
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 2,079 persons ❑ Affordability
Project Goals: 2,079 People ❑ Sustainability
Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $24,000
Location: Confidential HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $24,000
FAMILY HEALTH CARE
Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be
used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out
by Family Health Care, Inc.
HUD Matrix Code: 05M Health Services 570.201 (e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living
Environment
Priority Need: Public Services ❑ Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: persons. Opportunities
.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 63 persons ❑ Affordability
Project Goals: 63 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $20,035
Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0
Start Date 10/01/09 Other Sources $20,035
Completion Date 09/30/10 Total $20,035
Page 13
HOME ADMINSTRATION
HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community
Development Department. Funding includes $4,500 in HOME Program Income.
HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to Objectives:
10 /o) 92.207 (a) ❑ Suitable Living Environment
Eligibility: N/A ❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic
Opportunities
Specific Objective: N/A
Outcomes:
Specific Outcomes N/A ❑ Availability/Accessibility
Indicators: ❑ Affordability
Project Goals: N/A ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community Wide HOME $57,156
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $57,156
HOME IMPROVEMENT PROGRAM
Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest
loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed.
Funding also includes estimated program income for HOME ($40,500) and CDBG ($24,000). Program will be
carried out b the City's Community Development Department.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment
® Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility
Indicators: standard condition - 8 housing units ® Affordability
Project Goals: 8 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $102,961
Location: Community Wide HOME $394,379
Start Date 08/01/09 Other Sources
Completion Date 07/31/10 Total $497,340
Page 14
HOPE, INC.
Provision of financial assistance and case management to families who are homeless or at risk to be homeless
and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially
homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager.
Program will be carried out b HOPE, Inc.
HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 40 persons ❑ Affordability
Project Goals: 40 People ❑ Sustainability
Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $20,400
Location: 117 West Sycamore, Denton, TX 76201 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $20,400
MINOR REPAIR PROGRAM
Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be
covered by homeowner's insurance. Program carried out by the City's Community Development Department.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment
® Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ® Availability/Accessibility
Indicators: standard condition - 35 housing units ❑ Affordability
Project Goals: 35 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $98,000
Location: Community Wide HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $98,000
Page 15
PARD - MLK SUMMER PROGRAM
Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide
scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation
Department.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service 10 persons ❑ Affordability
Project Goals: 10 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $6,000
Location: 1300 Wilson St., Denton Texas HOME $0
Start Date 06/01/10 Other Sources $0
Completion Date 08/31/10 Total $0
PARD - DENIA SUMMER PROGRAM
Provision of a summer day program targeted to youth in the Owsley Neighborhood. Funds will be used to
provide scholarships for low-income participants. Program will be carried out by the City's Parks and
Recreation Department.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 10 persons ❑ Affordability
Project Goals: 10 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $6,000
Location: 1300 Pavin, Denton Texas HOME $0
Start Date 06/01/10 Other Sources 0
Completion Date 08/31/10 Total $6,000
Page 16
SIMMONS AND PARK STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Simmons and Park Streets with a new 8" from Dallas Drive
around the cul-de-sac to the middle of Park Street. The existing sewer line is in a state of disrepair.
The replacement line will require a new 8" line and manholes for approximately 1140 feet.
The new line would be constructed and placed in the street. Project will be carried out by the City's
Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $174,236
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $174,236
SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS)
Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program
will be carried out by SPAN.
HUD Matrix Code: 05A Senior Services 570.201(e) Objectives:
® Suitable Living Environment
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele
❑ Decent Housing
Priority Need: Non-housing special needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 350 persons ❑ Affordability
Project Goals: 350 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $17,500
Location: 1800 Malone Street, Denton, Texas 76201 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $17,500
Page 17
TENANT BASED RENTAL ASSISTANCE
Provision of rental assistance to special needs households including elderly and disabled. Funds will be
utilized to make direct rental payments to owners/manager s of units where a special needs TBRA resident
resides. Project will be carried out by the City's Community Development Department.
HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Objectives:
Eligibility: N/A ❑ Suitable Living
Environment
Priority Need: Rental Housing ® Decent Housing
❑ Creating Economic
Specific Objective: Improve access to affordable rental housing. Opportunities
Outcomes:
Specific Outcomes Number of assisted units occupied by elderly or ❑ Availability/Accessibility
Indicators: disabled households - 2 households ® Affordability
Project Goals: 2 households ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community wide HOME $8,000
Start Date 08/01/09 Other Sources $
Completion Date 07/31/10 Total $8,000
Page 18
OTHER RESOURCES AVAILABLE
GENERAL FUNDS
Also, during the 2009 Program Year, the City of Denton plans to undertake additional
activities/programs to address local objectives and strategies using City of Denton General Fund
dollars.
The Human Services Advisory Committee has recommended funding the following human
services programs. It is recommended that these activities be funded through Denton's general
fund budget. City Council will consider approval of the following recommendations in
September 2009.
Category / Agency General
Funds
Aging Services
Day Stay for Adults - 12 people $7,500
RSVP - 520 people $7,530
Emergency Services
AIDS Services of North Texas - reported in CDBG $546
Denton County HMIS - N/A $18,000
Day Care /After School Care
Denton Christian Preschool - 114 people $22,000
Fred Moore Day Nursery - 200 people $23,720
Child/Family Services
CASA - 224 people $10,000
Children's Advocacy Center - 275 people $7,500
Communities in School - 1200 people $5 000
Other Services
Camp Summit - 8 people $4,000
People's Clinic of Denton County - 1200 people $14,000
Total $119,790
Page 19
STRATEGIES & PROPOSED PROJECTS
The City of Denton's 2009 funding has been allocated to programs and activities that meet
objectives stated in Denton's five-year strategic plan. Following is the list of the five-year
strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects
and activities that will be undertaken to meet those strategies.
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
RENTAL HOUSING STRATEGIES
H-3.1 Encourage and An addition of 100 Provide support for low-income housing
Sustainability support the affordable units in mixed ax credit and bond proposals for
of Decent development of small income developments development.
Housing mixed-income rental would assist in meeting
developments in his outcome measure.
accessible areas.
H-2.1 Encourage self- Rental assistance and other Work with and provide funding when
Affordability of sufficiency among forms of public assistance appropriate to support transitional
Decent Housing households that to approximately 25 housing and self-sufficiency programs
currently receive households administered by Denton Housing
rental subsidies and Authority and HOPE, Inc.
other forms of public
support.
H-1.1 Encourage and Rehabilitation Continue to support effort in the City's
Availability/ support the Approximately 25 units. Rental Rehabilitation Program with
Accessibility of rehabilitation of residual funds.
Decent Housing substandard units.
H-2.2 Encourage and assist Approximately 250 renters Continue supporting the City's Homebuyer
Affordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable
Decent Housing become homeowners. Housing Opportunity Program, DAHC's
refill New Construction Program and Nevada
Court Project, Denton Housing Authority's
Family Self Sufficiency Program and Habitat
or Humanity.
H-1.2 Target programs and our newsletters per year will Funding of the Tenant-Based Rental
Availability/ information to be sent out. Additional Assistance for elderly and disabled.
Accessibility of minorities and the information will appear on Disseminate program information in Spanish
Decent Housing elderly. able channel. and English to organizations serving these
groups.
OWNER-OCCUPIED HOUSING STRATEGIES
H-2.3 Educate homeowners reformation will be provided 8 households will be provided successful
Affordability of regarding home to 20-25 households homeowner education.
Decent Housing maintenance and
budgeting for major and
minor repairs and safe
leaning practices.
H-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for 35
Affordability of moderate-income approximately 120 very low households.
Decent Housing households with minor to moderate-income
housing repairs and homeowners.
eatherization.
Page 20
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
H-3.2 Encourage and assist Assistance to 25 to 35 Funding of the Home Improvement Program
Sustainability ow and moderate- households. It is anticipated or 8 households.
of Decent income homeowners to that 25%-35% of the annual
Housing maintain their units up allocation will be dedicated to
to current City of his targeted area.
Denton code standards
~n targeted areas.
HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS
H-2.5 Educate homebuyers Information will be provided Support of Fannie Mae and HUD approved
Affordability of regarding home buying to 150 prospective homeowner-ship workshops by local
Decent Housing process and household omebuyers. agencies and lenders
budgeting.
H-2.6 Encourage and assist Approximately 150 renters Support the City of Denton's Homebuyer
Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable
Decent Housing income renters to Housing Opportunity Program with residual
ecome homeowners. It funds.
is anticipated that 35%
to 50% will be minority
households.
H-2.7 Support production of Construction of an estimated Support of DAHC and City's Infill New
Affordability of affordable units. 5 new units. Construction Program and DAHC and
Decent Housing Habitat for Humanity's New Construction
Program.
CONTINUUM OF CARE - PREVENTING HOMELESSNESS
H-2.8 Provide assistance for 1) Support at least three Ia) Support and refer persons to local
Affordability of ow-income households educational classes business and agency's' First Time
Decent Housing to secure and sustain concerning securing Homebuyer classes and Credit
safe, decent affordable and maintaining a Counseling Classes
housing home. lb) Provide funding to HOPE, Inc in
support of programs including
Support 250 individual/ Housing Counseling
family units of services a) Provide administrative support and
to secure and maintain funds including any Emergency
housing including Shelter Grant Program or Emergency
prevention of Food and Shelter Program Awards to
foreclosure and eviction HOPE, Inc and The Salvation Army
a year for homelessness prevention
assistance.
b) Continue to support the Tenant
Based Rental Assistance from
HOME funds to the Elderly and
Disabled to maintain independent
living and to prevent homelessness.
CONTINUUM OF CARE - OUTREACH AND ASSESSMENT
Page 21
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
SL-1.1 Improve community 1) Support at least five 1) Provide funds to the Denton County
Availability/ assessment of needs and homeless service Homeless Management Information
Accessibility of services available agencies participating System to enroll and support
Suitable Living in the HMIS in three homeless service agencies.
Environment years. a) Complete final phase of Denton
Complete County HMIS project
implementation of the Implementation including contracts
Denton County HMIS with software provider and for HMIS
project in three years. technical services support.
3) Support a county-wide b) Assist Denton County HMIS Project
coordinated Discharge management to complete HMIS
Policy and Plan to End policies and procedures.
Chronic Homelessness 3) Assist the Denton County Homeless
in two years Coalition to organize a taskforce to
create and implement a plan to in
Chronic Homelessness including a
coordinated discharge policy.
CONTINUUM OF CARE - EMERGENCY SHELTER
H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County
Availability/ shelter and basic health, emergency shelter Friends of the Family Safe Shelter.
Accessibility of food, clothing, and nights of stay a year. 2a) Assist The Salvation Army, and
Decent Housing personal hygiene needs ) Assist local agencies to Denton County Friends of the
of the homeless and apply for at least three Family to apply for Emergency
victims of domestic grants to provide Shelter Grant Program Funds
violence.
supportive services to 2b) Assist Denton County MHMR to
all homeless, victims of apply for Supportive Housing
domestic violence, Program and/or Shelter Plus Care
homeless families or Funds.
homeless youth. 2c) Assist AIDS Services of North
Texas apply for Supportive Housing
Program Funds.
Page 22
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
CONTINUUM OF CARE - TRANSITIONAL HOUSING
H-1.4 Meet the transitional 1) Support at least 100 la) Provide funds to HOPE's transitional
Availability/ housing and supportive individuals/ families shelter program to assist 40 people.
Accessibility of service needs of the provided with 2a) Provide local agencies with
Decent Housing homeless and victims of transitional housing a information on grant opportunities
domestic violence in year. for funds to support transitional
reparation for a move ) Assist local agencies to housing and supportive services.
to permanent or
er permanent
supportive apply for at least two 2b) Provide documentation for and assist
housing. grants to provide with the completion of applications
additional transitional to request Emergency Shelter Grant
housing and supportive Funds and Supportive Housing
services Program funds for transitional
3) Support the increase housing and supportive services
use of transitional 3) Attend Ten Year Plan to End
housing and/or Homelessness meetings and provide
supportive services to information on the importance and
prepare individuals for need for transitional housing and/or
permanent housing in supportive services.
the Ten Year Plan to
End Homelessness.
CONTINUUM OF CARE -
TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING
H-3.3 Provide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas
Sustainability victims of domestic for at least two grants to and Denton County MHMR apply
of Decent violence with permanent provide permanent for Supportive Housing Program
Housing or permanent supportive supportive housing with funds for permanent supportive
housing. an emphasis on chronic housing program projects.
homeless and persons lb) Provide local agencies with
with a severe mental information on grant opportunities
illness and/ or HIV for funds to support transitional
positive status. housing and supportive services.
Assist at least two 2a) Participate in the Affordable Housing
community Coalition and the Denton County
partnerships/ Homeless Coalition.
collaborative efforts to 2b) Provide funding to support programs
provide additional of HOPE, Inc, Denton County
permanent housing Friends of the Family, and Denton
opportunities to the Affordable Housing Corporation
homeless and victims of who have a collaborative effort to
domestic violence move victims of domestic violence
from emergency shelter to
Transitional housing in preparation
for stable, sustainable permanent
housing.
Page 23
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
LEAD-BASED PAINT STRATEGIES
H-1.5 Educate homeowners, 30 households and 50-75 8 homeowners and 12 contractors or
Availability/ rent property contractors and property property managers will receive field
Accessibility owners/managers and managers received field guides for Lead Paint Safety painting,
of Decent contractors regarding guides for painting, home home maintenance and renovation work
Housing disclosure, the history maintenance and .nstructions. Four owners, managers or
of lead-based paint, its renovation work contractors receive individual safe work
hazards to children instructions. 20 owners, practice video training and lead-related
and how to use safe managers or contractors regulation training.
work practices when receive individual safe
disturbing paint in work practice video
older housing. raining for the five-year
period
H-1.6 Reduce Lead-Based Average of 40 units will properties built before 1978, two
Availability/ Paint Hazards in receive lead-based paint minor repairs, three owner occupied
ccessibility owner and renter- inspection, hazard control rehabilitations and three homebuyer
of Decent occupied residential eduction work or assistance projects will be completed and
Housing nits as needed. abatement, pass receive lead-based paint reduction work,
inspections and, when ass inspections and meet final clearance
required, meet final in compliance with 24 CFR 35 regarding
clearance over the five- lead-based paint during 2009. For the
year period. omebuyer Assistance Program, only a
visual inspection will be conducted and
ro ertmust ass inspection.
HUMAN SERVICES STRATEGIES
SL-1.2 Meet the basic food 1) Support at least 5,000 la) Support the Community Food
Availability/ needs of the homeless emergency meals and food Center.
Accessibility of and low-income bags a year a) Provide funds to support the
Suitable Living Nutrition Center of AIDS Services
Environment ) Support at least 350 of North Texas to provide an
meals and nutritional food estimated 55 persons with weekly
bags/shops a year nutritional shops.
b) Provide funds to support SPAN who
will provide meals to 350 elderly.
Page 24
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
SL-1.3 Meet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County
Availability/ needs of homeless and emergency shelter Friends of the Family Safe Shelter to
Accessibility of ow-income persons nights of stay a year assist 2,079 people.
Suitable Living ) Support at least 100 2) Provide funds to HOPE, Inc to
Environment individuals/ families support a transitional housing
provided with program for an estimated 40 persons.
transitional housing a 3a) Provide 10 staff hours to support the
year Denton County Homeless Count
3) Provide at least 100 conducted by the Denton County
hours of staff time in Homeless Coalition (DCHC).
support of at least 3 3b) Provide 60 staff hours to support the
projects for the Denton DCHC application for Continuum of
County Homeless Care funds.
Coalition a year 3c) Provide 30 staff hours to support the
Support 250 individual/ DCHC application for Emergency
family units of case Shelter Grant Program Funds.
management and other 4) Provide support to HOPE, Inc 30-90
services to maintain day program.
housing including
prevention of
foreclosure and eviction
a year
SL-1.4 Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County
Availability/ nvironment where coalitions and/or Homeless Coalition in the effort to
Accessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness.
Suitable Living and communities enjoy community initiatives lb) Participate in the Success by Six
Environment strong, supportive to foster and maintain Children's Coalition in an effort to
relationships an environment to improve the lives of children and
promote strong, their families.
supportive relationships lc) Participate in the Denton Information
Support at least 250 Network in the effort to network and
individuals/ family increase collaboration between
units of childcare, after- health and human service agencies in
school and summer the City of Denton.
care, parenting skills, a) Provide funds to three daycares to
and adult education support the provision of childcare to
assistance a year an estimated 499 families.
3) Support at least 200 b) Provide funds to after school/summer
units of domestic care programs and the provision of
violence and sexual childcare for 20 children.
assault direct services 3a) Provide support to Denton County
over a year Friends of the Family for the
provision of domestic violence and
sexual assault victim services
including counseling.
Page 25
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
(Continuation from ) Support at least 100 3b) Provide support to Children's
previous strategy) units of domestic Advocacy Center for Denton County
violence and sexual to provide sexual abuse/assault
osier and maintain an assault prevention services to children and non-
families, where education and training offending families members.
a com nemunitiighbes neighborhoods, s, a year ) Provide support to Denton County
and d communities
strong, supportive Friends of the Family for the
relationships provision of community education
and offender classes to prevent
domestic violence and sexual assault.
SL-1.5 City residents have 1) Support at least 75 1) Provide support the Family Health
Availability/ access to health care to units of health care Care and People's Clinic for primary
Accessibility of be as physically and services a year health care and pre-natal services to
Suitable Living mentally fit as possible a) Participate in at least 2 at least 1263 persons.
Environment coalitions/ a) Participate in the 100% Geriatric
collaborative efforts to Services in Denton County
improve availability of Workgroup in the effort to enrich and
health care especially improve the lives of the elderly.
for low- income b) Participate in the Denton County
persons, elderly, and Federation of the Families effort to
people with disabilities support and promote advocacy skills
b) Support at least 25 in families with children with severe
units of mental health emotional, behavioral, and mental
care services health needs.
INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES
SL-3.1 Street paving and Paving and repaving projects of applicable this year.
Sustainability of repaving, installation of will support 700 people.
Suitable Living curb and gutter.
Environment
SL-3.2 Installation of new Sidewalk projects will Provide funding for new sidewalks on
Sustainability of sidewalks and support 235 people. Anderson Street.
Suitable Living replacement sidewalks.
Environment
SL-3.3 Installation of water and Water and sewer projects will Provide funding for replacement of sewer
Sustainability of ewer lines. support 120 people. lines on Boardwalk, Chambers, Simmons and
Suitable Living Connection of ark Streets.
Environment residential units to
services.
SL-3.4 Installation of drainage 10-15 properties will be of applicable this year.
Sustainability of improvements including affected by drainage
Suitable Living improvements that will 'improvements.
Environment emove residential
properties from
oodplain.
SL-3.5 Rehabilitation and Improvement to at least 2 Provide funding for project at the Denton
Sustainability of expansion of public public service facilities. City County Day School.
Suitable Living services facilities.
Environment
SL-3.6 Improve and/or expand Improvements to least 2 park of applicable this year.
Sustainability of ark facilities including facilities.
Suitable Living pen space, playground
Environment nd other recreational
acilities.
Page 26
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
DEMOLITION STRATEGIES
SL-3.7 Continue to demolish To demolish 25 structures Continued support for the Demolition
Sustainability substandard buildings to during the five-year period. Program with residual funds.
of Suitable improvement the
wing appearance and safety of
Environment neighborhoods
ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES
0-3.1 Support training and Provide economic Provide non-federal incentives to
Sustainability expand training and opportunity by supporting organizations to create jobs. Work with job
of Economic employment activities activities that create jobs. raining organizations to promote training in
Opportunity targeted to poverty and specific areas of need.
very low-income
households.
0-1.1 Expand educational Provide counseling and Provide funding to transitional housing
Availability/ opportunities for those education services to 25-35 providers. Request that information on
Accessibility of seeking transitional transitional housing clients. educational opportunities be provided to
Economic housing or other housing clients.
Opportunity support services.
0-1.2 Encourage support of Over the five-year period 25+ Monitor federally funded projects and work
Availability/ Section 3 goals by local individuals hired for projects with contractors to ensure that Section 3
Accessibility of contractors. by private contractors. requirements are fulfilled.
Economic
Opportunity
0-2.1 Encourage start-up and Provide loan assistance to 25 of applicable this year. Additional funding
Affordability of expansion of micro businesses over the or the Small Business Loan Program is not
Economic micro/cottage industries rive-year period. available.
Opportunity supporting very low-
~ncome households.
BARRIERS TO AFFORDABLE HOUSING STRATEGIES
H-1.6 Continue the following Improve accessibility and Quarterly newsletter will be sent out to
Availability/Ac activities: availability of information on clients, agencies, churches, neighborhood
essibility of homeownership fair, affordable units by providing associations, libraries, recreation centers and
Decent Housing newsletters, public two homeownership fairs, any others. Two public hearing will be
hearings, fair housing quarterly newsletters, at least held during the preparation of the annual
education, and joint public hearings annually. action plan and one during the preparation of
activities with other he performance report.
housing providers.
H-2.9 On an annual basis, Create affordability in Continue to request impact fee grants from
Affordability of request approval and housing through provision of he General Fund for housing non-profits for
Decent Housing funding for impact fee an average of three to five he construction of affordable housing.
grants for producers of grants per year over the five-
affordable housing. year period.
H-2.10 Allocate funding to the Create affordability in Support for Denton Affordable Housing
Affordability of on-profit and for-profit housing through construction Corporation's Nevada Court and Oriole court
Decent Housing organizations that are of a minimum of 75 Project, Habitat for Humanity New
developing affordable affordable single-family and Construction Program and the City's Infill
housing. 100 affordable rental units New Construction Program.
lover the five-year period.
Page 27
2009 PROPOSED PROJECT MAP
With Minority Concentrated areas by Census Tracts
I r ~ 4 r,. ~ ~ ~ ~ ~,1 ~ -r - , ~ L ~
I I~ r~ _l ~ l I f~ t-~~' ~ f I ~j l 111 } UJ-- ~ ~ . . ~ ~ -
~ " ~ If1 _ ~ - ~ is ~ , ~ ~ ~ ~ a t t~ . i ~ ~ ' ~ ~ ~ z ~
1 ~ i, ' ~ I I1II i a ` ~ ~ I Ili I.I ~ y. ~I,I III
k L'~ -d,' T ' f
I ~ C _ ~ - j i _ p ~ 1. Ll_{_ A # _ ~ ~ I a. ~ I ~ ~
i ~ ~ ~ m r ~ ~ ` - ~ ~ _ ~ t~ ~ ~ ~a_ M i n o my 1 ~ ~ ~ ~a _ _ ~ ~ C on ~ ~ ~ I
~y ~ ~ w N 1.
Irtl ~;T~~ f ~ ' ~s~t, ~ r~ b Census Tracts r _ ~1__~ r. r ~ i t ~ I i
i i, i ~ i ~ I f i I -d- t , _ ~ . ,~l t a 1
~ I J~ ~ ~ ~ ~ ' ° ~ ~ ' 31 /0 40 /o
1~ v % r C ~ > I r
~~I ~ ~ ~ _ 1 k 1 , A ~ 1.
- ~ ~v y. 10 ~
I ~ ; - ~ - $rc - ~ n. , ~Y ~ ~ ~ ~ Source: U.S. 2000 ~ ~ E F; ~ z ~ ,r
~ ~ y ~ - i u 1 u t I ~ - Census f ~ r ,i r
k ~ ~ ~ I
r} ' f' y
V I {4} l , I s ~ , l i yid ~ r ~ _
11 - ` ~ i r 1...,,,_ . I''' 6 r t - , - T i ~ ~ ~-r ~ ~~4,,,,
r w - r w ~ F:
2009 Projects and Activities
1. AIDS Services of North Texan 4. Anderson Street Sidewalks
2. Denton City County Day Schools 5. Family Health Care
3. Chambers, Boardwalk, Simmons and Park 6. Denia Summer Program
Sewer Replacement 7. MLK Summer Program
Community-Wide Activities
CDBG and HOME Administration Tenant Based Rental Assistance
Denton Affordable Housing Corp. -Rental HOPE, Inc.
Home Improvement Program Services Program for Aging Needs, Inc
Minor Repair Program
Geographic distribution of proj ects is based on citizen, service provider and City staff input
regarding significant needs in the low-income community, specifically in regard to public facility
improvements. Home Improvement Program activities are limited to low-income areas that are
zoned residential. This is to ensure that substantial amounts of funding are not expended on
housing in areas zoned commercial or industrial, where the zoning transition in the near future,
would no longer allow residential development. Public service activity locations are provided on
the above map, however, services provided by each of the organizations is available to low and
moderate-income households throughout the Denton community.
Page 28
OTHER PROGRAM SPECIFIC REQUIREMENTS
HOME PROGRAM - FORMS OF INVESTMENT
The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable
Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide
subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME
subsidy will be $14,900. This amount includes all investment that enables the family to purchase the
unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5,
7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will
also be $14,900 and is set up as a 5-year recapture period.
According to the promissory note, the borrower agrees to occupy the property as his/her primary
residence for the term of the loan from the execution date of the promissory note and deed of trust. The
borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in
a timely manner. In the event the borrower complies with the terms of the promissory note, deed of
trust and the program, the City of Denton and DAHC agree to release the maker of the note from
payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term
of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and
DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property
is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net
proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If
the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC
can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from
the either program will be used to assist other first-time homebuyers.
Funding agreements and/or contracts with community housing development corporations and/or
subrecipients will include a requirement that the organization comply with HOME regulations in regard
to continued affordability of assisted units.
There are no other forms of investment that are not described in §92.205(b) by the City of Denton.
MONITORING STANDARDS AND PROCEDURES
The City of Denton will complete an annual comparison of the objectives stated in the 5-year
Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will
consider making changes or updates to the 5-year Consolidated Plan.
The City of Denton provides CDBG and General funds to several non-profits agencies and
departments providing supportive services. The City's Human Services Coordinator monitors
agencies on a daily basis. Each year agency staff is provided with training on financial procedures
and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars
to ensure that they have access to pertinent information. Agencies are required to provide quarterly
beneficiary and financial reports. A year-end report is required to detail annual expenditures,
beneficiary information, funding sources and major accomplishments. Each year, the Human
Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit
are completed on all "high risk" organizations. The on-site monitoring includes a review of client
files, financial and accounting records, and procurement procedures. Independent audits are also
submitted and reviewed by the City staff.
Page 29
For the HOME program, a similar process is also followed to monitor the Denton Affordable
Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the
help of the Community Development staff monitors the CHDO on a regular basis to ensure that the
non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual
basis to ensure that all HOME requirements are met. Also, the only rental project not funded through
the local CHDO, is a project that provides transitional housing and services for single-parent
families. This organization is also monitored annually including a review of the client files for
income information.
Programs and projects carried out by the City are monitored daily. Staff maintains checklists on
individual projects to ensure that all required procedures have been completed. The Housing
Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development
Coordinator maintains records for the Homebuyer Assistance Program and the Administrator
maintains records on public infrastructure projects. The Administrator reviews and certifies all
applications prior to provision of assistance. A year-end report that details expenditures, revenue,
beneficiary information and major accomplishments is also required from all City programs and
proj ects.
PUBLIC HOUSING IMPROVEMENTS
The City of Denton has no public housing units.
PUBLIC HOUSING RESIDENT INITIATIVES
The City of Denton has no public housing units. However, City staff will continue to work with
the Denton Housing Authority to promote the Homebuyers Assistance Program to those
currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has
been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies
were included in the Consolidated Plan.
INSTITUTIONAL STRUCTURE
The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure
that hinder effective housing and social services delivery. These gaps include the following with
the City's efforts to ameliorate these conditions during the coming year:
1. Need for more effective communication between housing organizations in the North Texas
area, including those serving the City of Denton. Housing organizations often compete for
resources when coordination and partnership efforts would be more effective.
Work with the Denton Housing Coalition to bring other housing providers and professionals
into the organizations. If funding is available, staff will participate in the North Texas
Housing Coalition that includes larger metroplex communities such as Dallas and Fort
Worth. Form coalitions and collaborative relationships with NTHC members and other area
communities where appropriate.
2. Need for more effective coordination between emergency assistance agencies.
Assist with the development of the Homeless Management Information System including
administration of the second year of a three-year Supportive Housing Program grant received
from US Department of Housing and Urban Development (HUD).
Page 30
3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement
and lack of funding to complete projects. Contractor training along with additional funding
targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation
program.
Community Development housing staff will provide one-on-one training for local contractors
to assist them in becoming familiar with safe lead procedures. Staff will also inform
interested contractors if training on lead hazard control and safe work practices is available in
the area. Expend additional Lead Hazard Control Grant funds recently awarded in a
partnership with the City of Ft. Worth. Use area contractors for work funded through this
grant if possible.
4. Lack of shelter facilities for families and youth.
Work with Denton County Homeless Coalition to develop and support additional shelter
facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness.
Some additional emergency shelter facilities or alternative housing programs should be
available in Denton County within the ten-year plan period.
5. Need for service coordination and referral services that go beyond activities of HMIS,
including application intake, referral and coordinated case management.
Participate in an interdisciplinary initiative by the University of North Texas to create a
countywide information and referral network for community housing, health, and human
services. The City would participate if UNT leads this effort.
6. Lack of coordination of homebuyer/homeowner educational services needed to provide a
higher level of information.
Work with local agencies, lenders, realtors and universities to create a unified vision for
homeownership/homeowner workshops that will provide beneficial information so that
homeowners and homebuyer will be successful homeowners in the near future.
ADDRESSING THE CHRONIC HOMELESS
The Denton County Homeless developed the following steps during the 2005-2009 Consolidated
Plan process to address chronic homeless. These steps are reaffirmed during the 2009/10
program year.
The Denton County Homeless Coalition believes a structured and seamless collaborative system
of services and programs can move individuals experiencing chronic homelessness to sustainable
permanent supportive housing. This transition to sustainable permanent housing is the key to
ending chronic homelessness.
The DCHC point-in-time homeless count taken in March 2004 (Denton County Homeless
Count) identified nineteen sheltered and no unsheltered chronic homeless. It is likely that there
were approximately forty-three chronic homeless that were not counted. These estimates were
created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults
among the homeless population as chronic homeless, to Denton's estimated number of homeless.
At this time DCHC is moving from a coalition philosophy to a community strategy to end
chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for
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communities with similar demographics, the steering committee decided to take a three-step
planning approach to building a community strategy to end chronic homelessness.
The first step was a small committee conducting research on strategies, stakeholders, goals, and
activities to promote appropriate services for the community and chronic homelessness. In the
fall of 2004, the small group completed their research and provided possible community
directions for review by the steering committee. The Steering Committee used the information
to move to the Step Two of the three step planning approach.
The second step is the identified community stakeholders and possible actions necessary to end
chronic homelessness. Upon review of other successful planning processes to end chronic
homelessness, the steering committee decided to approach local elected officials to sponsor and
convene the community planning process. The DCHC is in the process of completing this step
of the three step planning approach.
The third step is to convene a large community meeting for all identified stakeholders to review,
modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC
expects the community plan to end-chronic homelessness will build from current programs and
services available.
The Denton County Homeless Coalition has identified several obstacles to ending chronic
homelessness including lack of major substance abuse services, healthcare services, and
transportation. These items present significant barriers in moving the chronic homeless from
experiencing homelessness to maintaining a stable environment.
HOME PROGRAM - MINORITY OUTREACH PROGRAM
To ensure employment and business opportunities for minority businesses the City of Denton
will continue to carry out and support the following activities during the program year.
1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce
refer building contractors to the Community Development office to apply to be added to the
active contractors bid list.
2. Will request that general contractors on CDBG and HOME-funded capital projects give
preference to hiring minority or women subcontractors and employees as well as include this
wording in construction contracts.
3. City of Denton's legal advertisement for bids will include the equal employment statement
and encourage minority participation
4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in
Denton informing them about the programs, the assistance and contracting opportunities that
are available.
5. City of Denton will continue to attend the Small Business Development Breakfast on a
monthly basis.
6. City of Denton will continue to comply with all State bidding requirements for Historically
Underutilized Businesses (HUB)
7. City staff will also perform debarment reviews to ensure that no previously debarred
contractors are allowed to participate in projects.
8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local
cable channel in search for contractors and will encourage participation by minority
contractors.
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LOCAL GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
Page 33
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPWA funds are consistent with the strategic plan.
Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 34
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds It has complied with the following criteria:
Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums
or blight. The Action Plan may also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community, and
other financial resources are not available);
Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2009, (a period specified by the grantee consisting of one, two, or three specific
consecutive program years), shall principally benefit persons of low and moderate income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied by moderate-income (not low-income) families, an assessment or
charge may be made against the property for public improvements financed by a source other
than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 35
Excessive Force It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance to or exit
from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction;
Compliance With Anti-discrimination laws The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC
3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws It will comply with applicable laws.
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 36
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental
assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate Financial Assistance before committing any funds to a project, it will evaluate the
project in accordance with the guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable
housing;
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 37
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph three).
8. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part 21.
Place Name Street City Count State Zip
Community Development 601 E. Hickory, Denton Denton TX 76205
Department Suite B
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules: "Controlled substance" means a
controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)
Page 38
and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a
finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of any controlled
substance; "Employee" means the employee of a grantee directly engaged in the performance of
work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of
work under the grant and who are on the grantee's payroll. This definition does not
include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on the grantee's
payroll; or employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti-displacement and Relocation Plan
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton, Texas 76201
City/State/Zip
(349) 349-8307
Telephone Number
Page 39
Spanish Public Hearing Notes
November 20, 2008
Martin Luther King Jr. Recreation Center
No attendees were present at the public hearing on November 20, 2008.
Public Hearing Notes
November 17, 20007
MLK Recreation Center
Ms. Ross reviewed the information in the 2007 Consolidated Annual Performance and
Evaluation Report (CAPER) regarding the activities that had been completed during the most
recent program year. She indicated that some programs such as the Denton Affordable Housing
Corporation's Affordable Housing Opportunity Program and to some extent, the City's
Homebuyer Assistance Program (HAP) has not been as active due to economic conditions. Ms.
Ross added that activity in the City's HAP has recently been picking up.
Ms. Ross asked for comments and/or questions regarding the past year's activities. Attendees
had no questions or comments.
Ms. Ross reviewed the activities that are eligible under both the CDBG and HOME programs.
She asked those in attendance to provide comments regarding the activities that they would like
to see funded with CDBG & HOME funds. She also passed out a brief survey asking how the
funds should be spent and asked those present to complete the survey and return it to her.
Below is a list of the comments made at the hearing:
• Patrice Lyke provided a written comment and stated that the completion of the sidewalk
projects in the current year budget would solve most of the pedestrian safety problems in the
Panhandle area with the exception of one street. She noted that there is no sidewalk on the
South side of Egan Street and that students attending Denton High School and Calhoun
Middle School must walk on the street at various points in their walk to school. She asked
that sidewalk improvements be extended to cover this area of Egan Street.
• Carolyn Phillips requested that the City consider installing traffic lights at the following
intersections: Bell and Robertson; Woodrow and Morse. Ms. Ross commented that because
these are major thoroughfares and not within a specific neighborhood, it would be difficult to
conclude that the installation of traffic lights would serve 51% low and moderate-income
persons.
• One individual stated that she would like to see a house in the area that the homeless could
stay in and receive food assistance.
• Health care for seniors was noted as another needed service.
Page 40
• Day care for low-income families, particularly young mothers who need to work to support
their children.
• One individual asked about funding to purchase foreclosed properties and if Denton was
setting up a program similar to Fort Worth's. Ms. Ross indicated that this was probably the
Neighborhood Stabilization Program that was part of Congress's recently passed stimulus
package. She added that Denton was working with the State and was trying to get some of
the funding for that program.
• The individual also asked how to obtain information regarding the City's Homebuyer
Assistance Program and others. Ms. Ross provided information with the Community
Development Department's phone numbers.
• Ms. Phillips commented that funding might be used to help minority and women-owned
businesses. She specifically mentioned participation in the development of mass transit and
businesses that would support the transit system.
• It was noted by that an organization known as "Stepping Stones" could use funding to
provide assistance and care to those with Alzheimer's. She asked if the clients had to be low-
income to receive assistance through these funding sources. Ms. Ross indicated that elderly
persons and those with disabilities fall under the "presumed benefit" category and are
considered to meet the low/mod requirement even if they are not in the actual low to
moderate-income range. The possible use of Adult Day Stay for this purpose was also
discussed.
• Gerard Hudspeth commented about code enforcement issues such as tree trimming and
demolition of substandard housing stated that funding should be used to speed up the
process. Ms. Ross explained the recent slowdown in demolition of substandard housing units
and stated that the Code Enforcement Department is working to get the program going again.
She also stated that tree trimming could be set up as a public service under CDBG but, that
funding for other services would have to be cut due to the 15% cap on public services.
• Ms. Phillips asked for an explanation of the Minor Repair Program and whether additional
repairs can be done on a unit if a single repair is less than the $5,000 cap. Ms. Ross
explained that if there is another repair that relates to a health and safety issue or something
that would cause continued deterioration of the structure, such as a roof leak, a second repair
can be completed. However, cosmetic repairs cannot be done. Ms. Phillips asked if the
owner can be paying on a mortgage. Ms. Ross indicated that the owner could have a
mortgage.
The public hearing was closed.
Survey Comments:
"Respite/day care program for clients with dementia. This would enable the caregivers to keep
the clients at home and would provide a break for the caregivers."
Page 41
ACTION PLAN PUBLIC HEARING MINUTES
May 5, 2009
City Council Meeting
The following public comments were received at the May 6th public hearing:
MINUTES FROM 30-DAY COMMENT PERIOD
April 20, 2009 through May 19, 2009
The following comments were received during the 30-day comment period on the 2009 Action
Plan for Housing and Community Development:
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OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 9, 2009
City Hall East Conference Room
Chairperson Ron Aldridge called the meeting to order. He asked if committee members had any
changes to the minutes of December 2, 2008. The members had no revisions. LaNelle Winn
moved that the minutes be approved as submitted. Ray Jordan seconded the motion. The
minutes were approved unanimously.
Denton Affordable Housing Corporation: Jane Provo, DAHC executive director provided a brief
history of the organization. She stated that DAHC had been in existence for 14 years. It is a
certified Community Housing Development Organization, better known as a CHDO under the
Federal HOME program. Ms. Provo added that DAHC partners with the City of Denton to use
HOME funds to serve low and moderate-income households. DAHC has usually asked for funds
for their homeownership program. They made needed repairs to the units and then assisted with
downpayment and closing costs. Ms. Provo stated that the program had worked well until the
last two years. She continued to discuss the problems in the housing market and how it has
adversely affected DAHC's homebuyer program. Ms. Provo stated that DAHC is asking for a
shift this year to use the 15% CHDO setaside funds to make necessary improvements to rental
units. Currently DAHC owns 85 rental units. They are leased to persons with disabilities or
homeless individuals with children. DAHC has set aside some funds for maintenance but, Ms.
Provo stated that as the units age, the maintenance funding is not enough. She noted that these
are hard to serve populations and added that they also tend to be hard on the rental units. Ms.
Provo stated that she believes that this would be a good use of the funds. She feels that these
rental units are an asset to the community and will look better and serve the very low-income
populations. A list of the proposed repairs was included in the application. DAHC is requesting
$92,000 but could cut back on some appliances if necessary. DAHC also request $20,000 in
operating funds. Ms. Provo stated that they have had a tough year and need the funding to keep
the organization going.
Ms. Winn asked if they have had any properties where the owners walked off and left the
property. Ms. Provo indicated that they had not. Ms. Winn asked if they've had properties
available for sale in neighborhoods where there are several others for sale. Ms. Provo indicated
that they have been in this situation. She added that the appraised value of homes has dropped.
She stated that DAHC sold 11 houses last year and made less than $2,000
Gerard Hudspeth asked if there was a worse case number on the $92,000. In other words how
much did they have to have to do the repairs that are most needed? Ms. Ross noted that the
CHDO setaside 15% figure was approx $78,000. So, they would have to be allocated at least
that amount to comply with Federal guidelines.
Ray Jordan asked about occupancy rates in the units. Ms. Provo said that they are usually at
100% with a two-year waiting list. She added that DAHC works with HOPE Inc. to house their
transitional housing clients. Mr. Jordan asked whether lawn care and other services were
included in the rent. Ms. Provo stated that they were. She was not sure how much DAHC would
save if they took off some of those items. She explained that a sprinkler system might seem like
a luxury but they need to make sure that foundations are watered, etc.
Page 43
Cathy Tedrick asked about bidding out the lawn service and noted that perhaps some funds could
be saved. Mr. Hudspeth asked about the amounts stated for the specified work and where they
came from. Ms. Provo said the numbers were developed by their rehab specialist.
CDAC members had some additional questions. Ms. Tedrick asked when the units were built.
Ms. Provo indicated they were built in the late 60's and early 70's. Ms.Winn asked about the
utility allowance in the budget and Ms. Provo explained that DAHC pays water and solid waste.
An inquiry was made as to whether energy efficient appliances would be purchased to replace
those in the units. Ms. Provo indicated that they would be.
Ron Aldridge asked Ms. Provo to discuss the proposed reallocation of existing funds? Ms.
Provo stated that DAHC would like to reallocate $25,000 from 2006 and all of 2007 to make
rental unit repairs. She noted that DAHC would keep the 2008 award available for the
homebuyer program. She added that she realized using these funds on rental units would place
additional demands on City staff to monitor units. It was also noted that the units already have
public money, therefore, all tenants must already be income qualified.
Other questions were asked by members. Ms. Tedrick asked if any of the remaining owner units
could be converted to rental. Ms. Provo indicated that they could not due to the type of funding
used on the projects. Lisa Melby asked how DAHC finds potential tenants and homebuyers.
Ms. Provo stated that they list units in the multiple listing service, use lawn signs, speak to
groups, notices to lenders, etc.
Mr. Hudspeth asked what the schedule was for expenditure of the funds. Ms. Provo stated that
the transfer funds could be spent as soon as the City releases them. New funding would be
available in August or September. Mr. Jordan asked if the units would be renovated while
they're occupied. Ms. Provo indicated that this was correct.
Denton City County Day School: Eddie Garcia, executive director, introduced himself. Mr.
Garcia announced that DCCDS is having an open house sometime in April. He invited the
members to take a tour of the school. Mr. Garcia noted that DCCDS has been around for 52 or
53 years. He commented that just because the day school serves low-income, their belief is that
they don't have to "look low-income." Mr. Garcia described the curriculum offered at the
school. He stated that their fees range from $55 to $85 per week. DCCDS is under same
requirements as for-profit day care agencies. He added that the weekly fee paid by the families
doesn't provide enough funding for repairs and liability insurance. He commented that most
parents fall into the $55 range.
LaNelle Winn asked about the second item - painting exterior with "elastomeric." Mr. Garcia
explains the process and how using the substance to paint the exterior would help preserve the
building. He added that there was a 15-year warranty on the product. Ms. Winn asked about the
exterior storage unit. Mr. Garcia stated that they have a tremendous amount of paperwork and
are running out of storage space for paperwork. Barbara Ross asked if the storage unit would be
"built in" adding that since equipment had to be tracked for its useful life, staff does not
recommend using funds to purchase portable equipment. Mr. Garcia stated it would be attached
to the wall and on a concrete foundation.
Mr. Hudspeth asked about the number of children served and what are their hours. Mr.
Hudspeth also asked about scanning documents rather than keeping hard copies. Mr. Garcia
stated that the State's food program requires original documents with original signatures. Mr.
Page 44
Hudspeth asked if the State gives notice before they monitor. Mr. Garcia noted that it was
usually about two days notice but that they would still need documents with original signatures.
Members discussed electronic vs. hard document copies. Mr. Garcia stated that their service
numbers change almost every day. However, they never go below 77. The maximum is 81.
They consistently have a waiting list. Their hours are 6:30 am to 5:30 pm. Herbert Holl, asked
if the amount requested included equipping the storage area. Mr. Garcia indicated that it would.
Ms. Tedrick asked if they were seeing more middle-income families come in as a result of the
worsening economic situation. Mr. Garcia stated that they were seeing incomes go down. Ms.
Tedrick asked if they had considered adding another classroom. Mr. Garcia said that they had
but that the costs were prohibitive. The committee members and Mr. Garcia continued to discuss
the food program, staff needs, etc. Mr. Garcia stated that it actually takes $123 per child per
week to run facility.
Mr. Jordan asked about the size of storage cabinet. Mr. Garcia responded that it would be 12 X
12, not climate controlled. There was a discussion of bidding procedures. Mr. Garcia stated that
he had to comply with the CDBG requirements for bidding. Mr. Jordan asked about funding
from Denton Benefit League. Mr. Garcia stated that they received $16,000 for new bookshelves.
Ms. Winn complements them on their four star service rating from the State. Ms. Watts asked
about the playground and when it's going to start. Mr. Garcia stated that he had turned in the
documents to Ms. Ross. She stated she would prepare the bid packet and send it back to him.
Minor Repair Program: Gordon Meredith, residential construction specialist, introduced himself.
He stated that the City has had the Minor Repair Program in place since 1996. More than 300
households have been assisted under the program. The program is designed to respond to urgent
repairs that come up in homes owned by low-income families. Mr. Meredith mentioned water
heaters, HVACs systems, plumbing leaks, deferred maintenance and mobile home floors as some
of the more frequent repairs requested. He stated that the program is designed to respond
quickly. They can sometimes assist in a week to ten days, or at the most, within a month. Funds
available are limited to $5,000 per unit incident per calendar year. Mr. Meredith noted that staff
tried to ensure that homeowners did not see the program as their home maintenance program but
also attempted to explain that the homeowner would need to maintain their home. He added that
funds are held in reserve for A/C work during the summer. CD staff is requesting $98,000.
Though this is a decrease from last year, Mr. Meredith stated that this year, none of his salary
would have to come from program. The only other administrative line item is for lead testing.
Mr. Meredith stated that the program is available to those who've lived in home for at least one
year.
Dorothy Watts asked how staff advertised the program. Mr. Meredith stated that they used the
CD Newsletter, it is sent out to some electronically and to others by mail. It's at the libraries and
on the city's website. Staff has also gone door to door in low-income neighborhoods with flyers.
Ms. Ross noted that the newsletter goes out to area churches, social service organizations and
residents who have participated in the programs. Staff asks churches and agencies to
disseminate the information. Mr. Meredith gave the census tracts locations where most repairs
are made. These are traditionally low/mod neighborhoods. Mr. Hudspeth asked what the
census tract number correlate to in terms of areas. Mr. Meredith stated that members could go to
www.census.gov and look up where tracts are. It was noted that any home in the city limits was
eligible.
Page 45
Ron Aldridge asked about the 65% income limit. Mr. Meredith pointed out where the schedule
was in the application packet.
Mr. Holl asked if the assistance was limited to three events per homeowner or per home. Mr.
Meredith stated that there has not been a situation where three repairs were completed on a unit
and then it was sold and the new owner asked for a repair. No guideline has been set for that
possibility.
McKamy-Evers Cooper Creek Bridge: Bob Tickner, Denton Parks and Recreation introduced
himself and Josh Mullen from the Code Enforcement Department. Mr. Tickner described the
Evers Park Elementary School area and the lack of access from the McKamy neighborhood. He
reviewed the park dedication ordinance and stated that the funding had been taken from the
pedestrian way monies. Mr. Tickner stated that there are 60+ homes in the area. He noted that
the neighborhood residents are asking when City is going to build a bridge to provide a safe
route to the school. This is the neighborhood's #1 request. Mr. Tickner further describes the
project. He notes that the bridge would allow children to walk to school and to the park. It is a
safety issue. Mr. Tickner also stated that it would help home sales in the neighborhood.
Ms. Tedrick asked if it would be similar to bridge to Strickland Middle School. Mr. Tickner
responded by showing a picture of the Avondale bridge.
Mr. Holl asked if an area on the aerial photo included vacant undeveloped lots. Mr. Tickner
stated that they were undeveloped lots and that the City had access to easements on those lots.
He also mentioned park dedication fees. Ms. Ross asked if the park dedication fees could be
used for the project. Mr. Tickner indicated that they probably could and/or could also be used
for enhancements to the park.
Mr. Hudspeth asked if there had ever been accidents on other bridges. Mr. Tickner stated that at
the bridge at Fred Moore Park that some fencing was put up to make sure that didn't happen.
There have been no problems at other bridges. He noted that placement of bridge would meet all
of floodplain requirements.
Ms. Winn asked about the construction material. Mr. Tickner stated that it would be constructed
from a steel that rusts but there is a coating that stops it from rusting - maintenance free. Ms.
Tedrick mentioned that boards were coming off the bridge to Strickland. Mr. Tickner indicated
that the Strickland bridge was built by the developer. The type of wood used by PARD will not
deteriorate.
Members discussed the income of the households in the neighborhood. Mr. Tickner and Ms.
Ross stated that the census tract, block group was 57.7 % low to moderate-income. But, there
were no figures for the specific neighborhood. Mr. Jordan asked how many households with
children were in the area. Mr. Tickner stated that more than 3/4's of the households have
children. Ms. Tedrick stated that the units were a little larger than starter home. Mr. Jordan
asked if there might be another route that would be shorter and less expensive to develop.
Members asked for a cost comparison for sidewalks on Locust vs. the bridge. Mr. Hudspeth
added that those from other neighborhoods would have to walk through the McKamy
neighborhood to get to the bridge. Ms. Tedrick pointed out that other homes will be built in the
area and they will eventually feed into the same pedestrian route.
Page 46
There was a discussion of neighborhoods and the additional units that potentially could be built
to the north. Mr. Aldridge commented that this was not normally the population that the
programs focus on. Mr. Hudspeth agreed.
Ms. Ross asked the committee what additional information they needed for the next meeting.
Mr. Holl wanted to know if the bridge is all or nothing.
Members briefly discussed the DCCDS storage unit. Mr. Jordan provided some information
regarding how Denton Christian Preschool stores their paperwork. Members talked about the
safety of outside storage. Ms. Ross pointed out that Mr. Garcia gave prices for each individual
item. Mr. Jordan pointed out that income must be updated monthly for the food program.
Cathy Tedrick made a motion to adjourn. Mr. Hudspeth seconded the motion. The meeting was
adj ourned.
Page 47
OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 16, 2009
City Hall East Conference Room
Ron Aldridge, chairperson, called the meeting to order. Mr. Aldridge asked if there were any
changes to the minutes. Lisa Melby moved that the minutes be approved as written. Cathy
Tedrick seconded the motion. Dorothy Watts asked about the comment regarding the rusting
material on the bridge. Ms. Ross explained that Mr. Tickner said it would be coated with a
substance that would not allow it to rust. Members unanimously approved the minutes.
Mr. Aldridge explained the process for presentation of the AIDS Services grant request. He
stated that he would recuse himself from that presentation. The AIDS Services staff will present.
Ms. Ross explained the advisory nature of the CDAC and noted that this is the reason that the
City's Legal staff stated that this was not a conflict of interest.
Ray Jordan asked staff to inquire as to whether Denton City County Day School had requested
funding for any of the items in their application from any other source. If this was the case, he
asked if any of the requests been funded.
Ms. Ross introduced Rebecca Guthrie of the Engineering Department. Ms. Guthrie used a slide
presentation that described each of the proposed projects. Ms. Guthrie noted that the projects
were provided in priority order. The following are the proposed projects with the number of
households benefitting and the requested amount.
- Chambers St Sewer Line is the most important - 32 hh would benefit, $160,355
- Simmons and Park St Sewer Line - 19 hh would benefit, church & office complex in area
$174,236
- Boardwalk Sewer Line - 23 hh would benefit, $137,860
- Anderson St Sidewalks - 15 hh would benefit, $50,968
- Egan St Sidewalks - 16 hh would benefit, $24,228 on north side of street, citizen request
- Egan St Sidewalk B - 16 hh would benefit, $79,941
- Crescent St Sidewalks - 26 hh would benefit, $71,957
- Crescent St Sidewalks B - 19 hh would benefit, $67,693
- Scripture St Sidewalks - 26 hh would benefit, $179,1112 churches, 2 businesses, no
sidewalks on the south side
Ms. Guthrie explained that if power poles have to be moved, the project costs would increase.
She explained how quickly the sidewalk projects funded last year would be completed.
Gerard Hudspeth asked if there would be an adverse effect if the City upgraded the sewer line on
one street but not the others. Ms. Guthrie indicated that it would not cause an adverse effect.
She added that it would be more cost effective to complete all of them at one time. However, the
difference between a six inch pipe and an eight inch pipe is not that significant. Ray Jordan
commented that he sometimes drives the bus for Denton Christian Preschool. He asked how
they handle emergency services and access for children with disabilities, etc, in these instances.
Ms. Guthrie stated that the contractor must provide access. She added that the contractor can
"plate" the ground if necessary so that vehicles can get through. Dorothy Watts asked how they
Page 48
notify residents. Ms. Guthrie stated that they require the contractor to provide notice to the
residents. The contractor usually carries this out using door hangers. On sewer line work the
owners will be notified by contractor.
Herbert Holl asked if all seven projects were in priority order or were the sewer projects separate
from the sidewalks projects. Ms. Guthrie stated that all projects were listed in priority order.
She said the Engineering Department felt that the sewer projects were more of a priority than the
sidewalks. LaNelle Winn asked if the sewer projects would have a cost to the homeowner. Ms.
Guthrie stated that they would not. Any cleanouts that need to be installed would be at no cost to
the owner. Ms. Winn asked if the entire area is going to be blocked off with limited access. Ms.
Guthrie responded that they would include a schedule in the bid and that the contractor would
work on one street and then move to the next street. Ms. Winn noted that the planning phase
runs from October through November and asked if this was sufficient time for staff to complete
the plans. Ms. Guthrie indicated that it was sufficient time to complete the plans. Mr. Aldridge
re-stated that it would be more cost effective to do them all at once. Mr. Jordan asked if
Engineering worked with the Traffic Department and would there be any temporary traffic
control on these projects. Ms. Guthrie stated that they will have a traffic control plan on the
sewer projects. Mr. Jordan asked why the sidewalks would be installed on the north side rather
than south side of Scripture. Ms. Guthrie stated that it is due to the type of structures that are in
the way and the grade. She noted that the proposed sidewalks would take people directly to the
park. Ms. Tedrick asked what had been the citizen complaints concerning the sewer. Ms.
Guthrie stated that it was mostly "chokes" that cause the lines to have to be flushed. She said
cracks, roots, etc. block the lines. Ms. Winn asked if the sidewalks would be on the edge of
street or set back. Ms. Guthrie stated they are typically not set directly on curb but are set back.
Doreen Rue and Brian Schmedingoff gave the presentation for AIDS Services of North Texas.
Ms. Rue reviewed the services provided by AIDS Services. It was noted that in the early years
they were mainly helping people die with dignity. Also, they garnered support for the agency
and the work they did. Ms. Rue noted that in 1996 new medications were available to help
people and treatment became the focus of the agency. AIDS Services opened a clinic in 1998
and continued to provide support services. The organization then began working on its internal
structure, developing a strong staff. In 2002, they expanded services to homeless persons. Ms.
Rue stated that they are no longer able to house all the services they provide. Currently, 20% of
the people that come into the clinic are found to be HIV positive. It was noted that AIDS
Services is also looking at other indigent populations that need services. The Guardianship
Program was described to the committee.
Mr. Schmedinghoff stated that the agency has two options. They could lease a larger space or
build and save $76,000 per year. Ms. Melby asked what other funding sources were available to
construct the facility. Mr. Schmedinghoff responded that they have an in-kind donation from
Virgil Strange for work on the project and $92,000 in pledges thus far. Other funding will be
foundation grants. He added that AIDS Services will expect a certain percentage of funding to
be committed before they would begin the project. Mr. Holl asked if they had included the "in-
kind" amount in the budget and if not, would budget amount will be reduced. Mr.
Schmedinghoff stated that the "in-kind" was already included in the budget amount. Ms. Melby
asked about the project time frame. Mr. Schmedingoff indicated that the City of Denton funding
would be spent within 16 months of the award.
Ms. Tedrick asked if they had a location. Mr. Schmedinghoff stated that they had no exact
location but that it would be built in the City of Denton. Ms. Rue stated that if possible, it would
Page 49
be on a bus line for easy access. Mr. Hudspeth asked if the organization had looked at
renovation of an existing building rather than new construction. Ms. Rue stated that they have
not found an existing building that could be used for this purpose. Barbara Ross asked if Mr.
Strange understood that the construction would fall under Federal labor standards regulations.
She noted that this often significantly increases construction costs. Mr. Schmedingoff indicated
that he did. The CDAC members and presenters discussed how soon the funding would be
expended on the project. Ms. Ross commented that CDBG funds could not be spent until all
funding for the project had been committed and was available to complete the project. Ms.
Tedrick asked if they had sites in other areas. Mr. Schmedingoff stated that they also have an
office in Plano but that Denton was their main office.
Mr. Jordan asked what would be the downside if they didn't receive this money. Mr.
Schmedingoff indicated that it would probably slow the project down to some extent. Approval
of the funding would help push the project forward. He added that $100,000 from the City
would bring the total pledged up to $450,000 including Mr. Strange's in-kind pledge. Mr.
Schmedinghoff stated that foundations like to see support such as this before they commit
funding to a project.
Mr. Holl asked if AIDS Services had done a feasibility study regarding potential donors. Mr.
Schmedinghoff indicated that they didn't do a full study but had help from a consultant. Ms.
Tedrick asked how many board members have pledged to participate in the funding. Mr.
Schmedinghoff stated that there would be 100% participation and that 7-8% of project costs
would come from the board. Mr. Holl asked how the facility would it reduce operation costs.
Mr. Schmedinghoff stated that it would eliminate lease payments. Mr. Jordan asked about the
size of the new facility. Mr. Schmedinghoff stated that they currently have 5500 square feet and
that the new building would have approximately 8000 square feet. Members continued
discussing the foundations from which AIDS Services may request funds and the marketing of
the project.
Alma Espino introduced herself and explained that she is now the City's human services
coordinator but, had already planned to do the presentation for the Home Improvement Program.
She stated that the request is for $471,401 and that this would provide funding for eight projects.
Some projects would be rehabilitations and some would be reconstructions. Ms. Espino
reviewed the application requirements. She noted that debt to income ratios must be workable
for the homeowner. The program does not want to set people up for failure. Ms. Espino
explained that the amount households pay back is based on a sliding scale. Under the revised
guidelines, elderly households now receive a 5% reduction on their payback requirement. Ms.
Espino added that the program will make units accessible if needed by the family. The program
also ensures that the reconstructs and some rehabilitations will be energy star certified. Staff
provides classes on home maintenance and budgeting to the participating households. Ms.
Espino stated that staff is looking at expanding the current service area but it will still encompass
mainly the older areas of the City.
Ms. Watts asked if the program builds new units. Ms. Espino stated that reconstructs are new
units but that there must have been an occupied unit on the property. Ms. Melby asked about
displaced families and how they are housed during the construction. Ms. Espino stated that most
move in with family but some rent during the construction. She added that it usually takes up to
five months to complete a reconstruction.
Mr. Jordan pointed out that the target area map excluded the UNT area but not the TWU area.
Ms. Espino stated that they would take a look at that. Ms. Ross noted that it is probably because
of the size of the UNT campus that some of the campus area was not included.
Page 50
Mr. Holl asked if staff could you do more units if more money was available. Ms. Espino stated
that the projects take a long time and there is not really sufficient staff to complete additional
projects. Ms. Espino added that there is a waiting list and she recently sent out letters to
everyone on the list. Not everyone will respond.
Mr. Jordan asked about how program income was handled. Ms. Espino and Ms. Ross explained
that all program income from all CDBG sources is estimated and allocated on an annual basis.
The program income for the Home Improvement Program does not go directly back to the HIP
program but can be allocated to any CDBG project. Mr. Jordan asked if the City was loaning the
funds. Ms. Espino stated that the City was providing the loan. Staff looks at the unit and does a
cost analysis to determine the cost per square foot. If the cost per square foot is over the limit set
by staff then a reconstruct is carried out.
Ms. Tedrick asked about the fact that only three projects were completed last year. Ms. Espino
explained the lengthy application process, land/ownership and historic issues that cause delays.
The timing of the program year was also mentioned. Only three projects may have been
completed within the specific program year timeframe but, three more may have been in
progress at the end of the year. Ms. Espino stated that staff has changed the guidelines to make it
easier to apply. Staff is also doing some additional marketing of the program. There is
currently a "hold" list of households with title issues. Several individuals own the property and
the project can start until the ownership is settled. Ms. Tedrick asked if most of $400,000 will be
spent this year. Ms. Espino stated that staff was expecting to have approximately $152,000 left
but it would be spent during the next budget period.
Mr. Hudspeth asked if the program could start a "sweat equity" similar to what Habitat for
Humanity does. Mr. Ross indicated that they must use contractors and that allowing
homeowners to work on a project would probably create additional liability for the City. Ms.
Tedrick pointed out that owners would have a financial investment in these projects rather than
sweat equity. Ms. Ross commented that the City has never foreclosed on a homeowner
rehab/reconstruct. Ms. Watts asked about the normal loan term on a project. Ms. Espino stated
that it was 10 - 20 years depending on the project cost and that the average payment was $100
per month on a reconstruct for a low-income household. Approximately $240 per month is
forgiven. Ms. Watts asked where the information on income guidelines and assistance levels
could be found. Ms. Espino provided the pages in the program guidelines that have this
information. Ms. Winn asked about the interest rate. Ms. Espino stated that it was currently 2%
on the payable portion. Ms. Ross asked members to look at the guidelines to see if they have any
questions or concerns.
Ms. Ross reviewed the history of the City's Tenant-Based Rental Assistance (TBRA) Program.
She stated that at the height of the program, 13 elderly and/or disabled persons were being
assisted. Ms. Ross added that since the Denton Housing Authority has a Section 8 rental
assistance program and the staff needed to manage a rental assistance program was not able to be
funded through the HOME grant that staff made a decision to recommend that the program be
discontinued. No one lost their assistance. As individuals moved off the program, the assistance
was ended and no additional tenants were approved for the program. Currently, there are only
two individuals receiving rental assistance the $8,000 requested will be enough to pay both rents
for the 2009-10 program year. Ms. Ross noted that both tenants are on the Section 8 waiting list
and should receive assistance before 2011.
Page 51
Mr. Hudspeth asked about the difference between CDBG and HOME funds. Ms. Ross stated
that HOME funds can only be used for housing activities. CDBG can be used for housing, social
services, economic development, infrastructure projects etc.
The members continued to discuss issues from the various presentations. Mr. Aldridge asked if
DAHC's unspent funding could be reallocated to other agencies. Ms. Ross stated that the City is
currently under contract with DAHC for use of all the funding allocated to them. However, she
indicated that the provisions of the contract probably allow the City to abrogate the contract if
necessary.
Ms. Ross asked members to complete their ranking sheet and send it back as soon as possible.
The meeting was adjourned.
Page 52
OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 23, 2009
Members Present: Ron Aldridge, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby,
Dorothy Watts, La Nelle Winn
Staff Present: Angel Delgado, Barbara Ross
Ron Aldridge called the meeting to order. He asked members to review the minutes from
February 16, 2009. A motion was made to approve the minutes as presented. La Nelle Winn
asked for clarification on page four of the minutes in regards to the Home Improvement
Program. Barbara Ross responded stating that loans being paid back by the citizens to the Home
Improvement Program will not be given directly back to the program but is available to any
Community Development program. Program income is estimated and is allocated through the
CDAC process. After clarification, Lisa Melby seconded the motion. The motion passed
unanimously.
Ms. Ross pointed out the rankings of the applications on the board. Ray Jordan asked a question
concerning Denton City County Day School (DCCDS). He wanted clarification on whether
DCCDS had requested funding for the activities elsewhere. Ms. Ross stated that she had spoken
with Eddie Garcia and he stated DCCDS had not requested any other funding for these
improvements. Ms. Ross stated that the applications listed on the board were in order by the
scoring of the committee. She stated the total funding requested was $1,942,505 and the total
funding available was $1,288,314, leaving a difference of $654,191.
Mr. Aldridge asked the committee about partially funding Denton City County Day School
(DCCDS). Ray Jordan stated that DCCDS was funded two years ago for paint and they are
asking again to be funded again for painting. Mr. Jordan also stated that DCCDS received
assistance for shelving and is now asking for similar assistance this year. He wanted to state his
concern and see if anyone had similar comments or concerns. Committee members responded
stating that they believed the shelving was for a different area and that instead of a painting issue
this time, it was more for brick repair.
Herbert Holl reminded everyone that there were a few applications that had to be either
completely funded or not funded at all. Mr. Aldridge gave instructions on how the committee
has previously allocated funding. He stated that normally, the committee starts from the top of
the list, with the highest ranking and works through each, deciding whether to fully or partially
fund each one. Once the money is gone, the committee stops.
Mr. Aldridge started with the application for the Tenant-Based Rental Assistance Program
(TBRA). Mr. Aldridge asked the committee if everyone was in agreement to give the TBRA
$8,000. Everyone agreed.
The application for the Chambers Street Sewer Line Replacement was next. Mr. Jordan noticed
that the Chambers Sewer project was the last of the sewage project where funds were requested.
He asked the committee if there was a certain order that the Engineering projects should be
Page 53
considered. Mr. Jordan stated that he felt repairing the sewers was more important than repairing
the sidewalks. Ms. Winn stated that she believed it was critically necessary to repair the sewers
as well. Mr. Hudspeth asked the committee if they could come back to the sewage projects and
move on to see how funding would play out with the other projects.
Mr. Aldridge went on to state that the Denton Affordable Housing Corporation (DAHC) funds
are mandatory and their minimum required CHDO setaside is $78,684. Mr. Aldridge asked if
the committee wanted to allocate more than what DAHC was asking for. Mr. Aldridge
suggested giving the minimum and allocating $20,000 of it to operations. Mr. Hudspeth agreed
along with the committee. Lisa Melby and Mr. Holl asked why the committee was not giving
the whole amount to DAHC. Ms. Ross then explained how the HOME funds were allocated.
Mr. Aldridge asked that if the Home Improvement Program (HIP) was fully-funded, if there
would be any funds from HOME left. Ms. Ross informed the committee there would be $76,000
in HOME left. Due to excess funds, a decision to fully fund DAHC was agreed upon.
The Simmons Park sewer and the Boardwalk sewer were then discussed. Ms. Winn stated that
all three projects should be funded due to health issues caused by these sewers. Mr. Holl agreed.
Mr. Holl suggested taking out the cost of the outside storage shed that Denton City County Day
School (DCCDS) was asking for in their funding application. He stated that he did not think this
piece of the project should be funded due to more urgent projects needing attention.
Mr. Hudspeth wanted to discuss possibly not funding one of the sewers and instead funding a
sidewalk. Mr. Holl questioned how important the sewers actually were. He wanted to know if
fixing these sewers would solve a major problem or if it would just be alleviating a small
problem at this point in time. Ms. Ross stated that the houses within the area were all built at the
same time and would be beneficial to all the homeowners in the area. Mr. Jordan asked if
commercial development used the same sewer lines as the neighborhood. Ms. Ross stated there
was a mobile home park that might benefit from the improvements but she was unsure of the
benefit to commercial development in the area. Ms. Ross also stated that she did not think the
sewers would support new development, but the existing homeowners. The committee
continued to discuss the sidewalk projects.
Ms. Watts asked if the Crescent Street sewer project was funded last year. The committee said
that it was. Mr. Aldridge agreed the sewer projects were more critically in need than the
sidewalk projects. Ms. Watts wondered which sidewalk project would benefit students more.
She asked the committee to consider that most of the high school students drive to school but
that the middle school students like those at Calhoun would not. Ms. Ross pointed out that many
of the Denton High School students do not drive their own vehicles. Mr. Aldridge pointed out
that sufficient funding is still available to support the entire Anderson Street Sidewalks project.
Mr. Aldridge also pointed out that the Engineering Department put the projects in order of
priority and Anderson Street was first on the list. Mr. Holl commented that there was sufficient
funding remaining to provide full funding for this project. Mr. Jordan stated that Anderson
Street was not a through street like Egan Street or Crescent Street. He was concerned about not
reaching beyond that neighborhood. Ms. Winn asked if Anderson Street was next to an
elementary school. Ms. Watts stated that it was next to a middle school. Mr. Holl asked if there
were any sidewalks on Anderson Street at all. Mr. Hudspeth said yes but that they were in
disrepair. Mr. Holl asked if Anderson Street was a part of a system of sidewalks and if so, is it
strengthening the system.
Page 54
Mr. Aldridge asked the committee how the money could be maneuvered in order to support more
projects. Ms. Winn voiced concern of not taking money from the Minor Repair Program. Mr.
Holl asked if any money was expected to come back through from the stimulus package. Ms.
Ross stated yes but at this time, they did not know how much or when it would be available. Mr.
Holl suggested funding the Anderson Street sidewalks, or holding the money back for a certain
amount of time. Mr. Aldridge gave three ideas: pay for Anderson Street, hold the full $69,000
back until the results of the stimulus package were revealed, or take $70,000 from the Home
Improvement Program to put it towards Crescent Street. Ms. Ross stated that it might be
possible to fund something like Crescent Street with the stimulus funding. Mr. Holl suggested
taking $70,000 out of the Home Improvement Program. Ms. Winn voiced her concern about this
idea. Mr. Aldridge suggested funding Anderson Street. Mr. Holl agreed that getting the money
into service quickly was best. Mr. Aldridge stated that there was not enough money to fully fund
one of the new sidewalk projects. Mr. Hudspeth reminded everyone of the order the Engineering
Department had put these projects in and that Anderson Street was first on the list. Ms. Ross
also reminded them that the committee did allocate money for four sidewalk projects last year.
Ms. Winn stated that it was better to complete a project than to start one and not be able to finish
it.
Mr. Aldridge asked if everyone was in agreement of fully funding Anderson Street. Ms. Winn
asked if the extra funds should be placed in the Home Improvement Program. Mr. Aldridge
stated his concerns with it going towards the storage shed at Denton City County Day School.
Ms. Watts asked if the committee should be giving more than HIP was requesting to their
program or if it should be spread around. Mr. Aldridge clarified that the only item at City
County that was not being funded with the CDBG money was the storage shed. All were in
agreement that the Home Improvement Program should be given additional funding over their
requested amount. Ms. Ross read out the recommendations for CDBG and HOME funds. They
were as follows:
Minor Repair Program: $98,000 CDBG
Chambers St. Sewer Line Replacement: $160,355 CDBG
Simmons and Parks St. Sewer Line Replacement: $174,236 CDBG
DAHC Rental Unit Improvements: $112,025 HOME
Denton City County Day School Facility Improvements: $49,530 CDBG
Boardwalk St. Sewer Line Replacement: $137,860 CDBG
Anderson St. Sidewalks: $50,968 CDBG
Home Improvement Program: $102,961 CDBG; $394,379 HOME
Tenant-Based Rental Assistance Program: $8,000 CDBG
Mr. Aldridge asked if there would be a motion to accept these recommendations. Mr. Holl
motioned. Mr. Jordan seconded the motion. Ms. Ross stated that staff would put together the
Action Plan and that it would be available for public comment during the month of April.
The meeting was adjourned.
Page 55
UNOFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
March 30, 2009
Members Present: Ron Aldridge, Sandra Benavides, Gerard Hudspeth, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, La Nelle Winn
Staff Present: Barbara Ross
Lisa Melby, vice-chair called the meeting to order. She asked if there were any revisions to the
minutes or a motion to approve the minutes as presented. Ray Jordan moved that the minutes be
approved as presented. LaNelle Winn seconded the motion. The minutes were approved.
Ms. Ross explained that the City has been awarded an additional $232,917 in CDBG stimulus
funding. She noted that staff is still waiting on specific guidelines regarding any additional
requirements or waivers of existing requirements. Ms. Ross added that the fund must be used to
benefit low and moderate-income neighborhoods and households just as regular CDBG funds do.
She added that there would also probably be some funding for human services. Human services
and administration funding caps may not be as high as the 15% and 20% that they are under the
regular CDBG program. Staff has set up a proposed budget that includes $22,000 for both
human services and administration. This amount is just below 10% of the allocation. The
proposed budget will provide $188,917 for capital improvement and/or housing projects.
Ms. Ross commented that staff is actually a bit ahead of all the CDBG stimulus grant
information but they are trying to include the additional funding in the Action Plan that will go to
Council for consideration in May. This would save time and money and allow the funding to be
used more quickly. She noted that if the budget does not meet the stimulus program
requirements, staff will restructure the budget, come back to the committees, and do a separate
amendment to the Action Plan. It was noted that staff requested submission of projects that
encompassed rehabilitation of existing facilities or housing. Ms. Ross explained that this is due
to the fact that the stimulus funds must be obligated within 120 days and that new construction
projects require a full environmental review. An environmental assessment takes approximately
six weeks to complete. Rebuilding existing sidewalks, streets, sewers or housing would not
require such an extensive review. She added that since the stimulus requires that the funds be
"obligated" quickly and that the sewer and parks improvement project will be carried out by City
crews, that the projects would need to be completed within that time period. If additional
guidance from HUD defines obligation differently from current regulations then, the City may
have a longer time period in which to complete the projects. Ms. Ross stated that the Ruth Street
sewer would be considered "new construction" under HUD guidelines because the line size is
being increased more than 20%. However, it was noted that Ms. Guthrie had indicated that the
design on Ruth Street could be done prior to the completion of the environmental review and that
those costs would be covered from non-Federal funds.
Ms. Ross introduced Becky Guthrie from Engineering to answer any questions about the sewer
projects submitted by the Engineering Department. Gerard Hudspeth asked about the plan to
accelerate the normal process. Ms. Guthrie stated that design costs would be paid by the
Wastewater Department. The plans would be ready to go as soon as funds are released. She
added that either one of the sewer projects could be completed in a six week time frame. Ms.
Ross noted that the 120-day "clock" would begin when the City executes an agreement with
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HUD for the funding. Ms. Guthrie stated that the Ruth Street sewer line is going from a six inch
to an eight inch because a six inch is now considered substandard. Ms. Melby asked if one
project was more critical than the other. Ms. Guthrie responded that they have had several
service calls on Ruth Street and it is the more critical of the two. She noted that both projects are
needed. Both projects will be carried out by in-house crews and anew method called "pipe
bursting" will be used to replace the lines.
Mr. Jordan asked what the downside would be if the funds were not spent in 120 days. Ms. Ross
explained that currently "obligated" means that a contract must be signed but, that she was
unsure what the requirement may be for stimulus funds. Since there would be no contract, it
might be required that the funds be expended and drawn down from the Treasury.
It was noted that Ruth Street was not included in the projects recently submitted under the
normal CDBG allocation process. Ms. Guthrie explained that since the initial applications were
submitted months earlier, priorities have changed. Ms. Guthrie also stated that these projects
would be completed before those that might be funded through the regular funding cycle. She
also stated that Ruth Street could be split into two separate projects if needed and that she could
run the numbers on that for the committee if requested. Ms. Winn asked how many households
would be affected if the project were split. Ms. Guthrie stated that it appears more households
would be affected on the eastern portion of the project. She stated that she would have to do
house count to be sure.
Ms. Ross stated that Nancy Baker was available to answer any questions about the request for
funding for the Home Improvement Program. She stated that these funds are being requested
because that is an activity that has already been cleared through an environmental review and
expenditure of funds could begin immediately. Mr. Hudspeth asked if there were any limitations
on what could be allocated to the home improvement program. Ms. Ross stated that they could
take any amount and use it in the program. Mr. Hudspeth asked about the level of work that is
completed on housing units. Ms. Baker stated that substantial rehabilitations and reconstructions
of units are carried out.
Jim Mays from the Parks and Recreation Department (PARD) was introduced. He stated that the
proposed pavilion in Fred Moore Park would be 13% larger than the current structure. Mr.
Hudspeth asked if the concrete would also be expanded. Mr. Mays stated that the slab would be
rebuilt and would also be 13% larger. He added that removal and disposal costs would be
covered by PARD. Ms. Winn asked for a clarification on whether the cost of the new slab was
included in the project. Mr. Mays stated that it is included in the requested amount. Mr.
Hudspeth asked if PARD would also be doing the electrical work. Mr. Mays indicated that they
would also do that work. Ms. Winn asked about high winds and their effect on the pavilion. Mr.
Mays stated that the pavilion equipment has been engineered for this area. Members discussed
the electrical upgrades and the benefits of upgrading the service. Mr. Mays stated that the
upgrades would allow for better service to the public. Cathy Tedrick asked how long the current
system had been in place. Mr. Mays stated that it had been several years ago and that some of
the equipment is no longer code compliant. He noted that, in order to host larger productions,
the C.H. Collins stage would need higher amperage. Members discussed upgrading the system
further than was requested to ensure that all bands, etc. could use the facility without renting
additional equipment. It was noted that $200 additional dollars would allow a 300 amperage
system to be installed. Ms. Ross suggested that the administration funding set aside be reduced
to increase funding for the electric upgrade. Members discussed the possibility of adding
electrical outlets in various places throughout the park. Mr. Jordan noted that you might not
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want to have too many posts with outlets in the park. He added that the primary use of the park
is recreation and this might change the nature of the park. Members agreed not to add outlets to
the proposed project.
Members discussed which projects should be recommended for CDBG stimulus funding. Ms.
Melby stated that the Redwood project plus the pavilion would total $187,420. Ms. Ross
suggested that the additional funding needed for the Fred Moore electrical be taken from the
administration set aside. Ms. Watts asked about possibly splitting up the Ruth Street project.
Mr. Jordan suggested that the stimulus funds should serve a broader population base rather than
just a single neighborhood. Ms. Winn stated her agreement with that concept. Ms. Tedrick
asked whether the stimulus funding would require grantees to bid out projects to provide external
business opportunities. Ms. Ross responded that normally they are bid out but they don't have to
be bid out. Members agreed to recommend funding for the improvements to Fred Moore Park
and the Redwood Sewer project. Ms. Winn made a motion to recommend the Fred Moore Park
pavilion and electric improvements and the Redwood Sewer projects. Ms. Tedrick seconded the
motion. The motion was approved unanimously.
The funding recommendations are listed below:
Fred Moore Pavilion $33,420
Fred Moore Electrical $3,332
Ruth Sewer $0
Redwood Sewer $154,000
Home Improvement Program $0
Members asked when the recommendations would be presented to City Council. Ms. Ross
stated it would probably be in early May and she would get the information out to the committee.
The meeting was adjourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
December 15, 2008
Members Present: Lorn Bortnem, Dalton Gregory, Jan Hillman, Mari Metzgar, Mary Ann
McDuff, Steve Pogue, Dr. Richard Stream, and Jodi Vicars-Nance
Staff Present: Rachel Ingram, Barbara Ross, Angel Delgado, Alma Espino
Staff Rachel Ingram recognized new HSAC member Mary Ann McDuff and asked the members
to introduce themselves and state how long they had participated on the committee.
Chair Jan Hillman called the meeting to order. She asked for volunteers or nominees for chair
and vice chair. Ms. Hillman nominated Jodi Vicars-Nance for chair. Dalton Gregory seconded
the motion. Ms. Vicars-Nance was elected by acclamation.
Ms. Vicars-Nance then asked for nominations for vice chair. Dr. Richard Stream nominated Mr.
Gregory. Mr. Bortnem seconded the motion. Mr. Gregory was elected by acclamation.
Ms. Ingram distributed handouts for discussion of the funding history from 1997 to 2008. Ms.
Ingram made note that there was an increase in general funds from 2007 to 2008 as
recommended by the committee due to continued population increase. Mr. Gregory asked what
had happened with the Fair Share recommendation for the Children's Advocacy Center. Ms.
Ingram stated that the City Council accepted the HSAC fair share support letter and agreed to
fund $26,000 in its fair share amount and approved the $9,000 in general funds recommended by
the HSAC. The total amount awarded to the Children's Advocacy Center is $35,000 for the
2008-2009 fiscal year.
Members discussed the Human Services Advisory Committee (HSAC) procedures. Ms. Ingram
told the committee there were no changes in the internal procedures. Steve Pogue recommended
that the applications be paperless. Mr. Gregory suggested that the committee bring their laptops
to view the applications during the agency presentations. Mr. Bortnem agreed that it would be a
good idea to request that the organizations submit their applications electronically. Ms. Vicars-
Nance requested hardcopies be made available to committee members if preferred. The majority
of the present members agreed that the use of laptops was a viable option to review and view the
applications with hard copies made available if preferred. Mari Metzgar requested that the
organizational website be included on the application. There were no other changes to the
application. Staff will provide flash drives/memory sticks to committee members wanting to use
their laptops and request applicant organizations submit fewer hard copies.
Ms. Ingram reviewed last year's agency hearing format. Mr. Bortnem and Ms. Vicars-Nance
thought the format worked well last year and did not require any changes. The committee was in
agreement with the format as follows: 1) Presentations will be 5-minutes long for organizations
to present relevant agency and funding facts not included in the application, 2) Committee
members will ask questions for up to five minutes, 3) No more than two representatives are
asked to appear and should bring a copy of their application for reference, 4) Additional
handouts are not required at the presentations. If handouts are desired by the organizations for
the presentations, applicants are requested to forward them via e-mail to staff or leave them for
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the HSAC to review after the presentations. The HSAC requests that handouts not be distributed
during the presentations. Mr. Pogue recommended requesting the organizations arrive 30
minutes ahead of schedule.
The following meeting dates were selected:
Application Workshop Sessions, Start Time 9 AM
Monday, January 5, 2009
Thursday, January 8, 2009
*One workshop session is mandatory for organizations wishing to submit an application.
HSAC Application Presentations, Start Time: 6 PM
Monday, February 16, 2009
Monday, March 2, 2009
HSAC Funding Recommendation Meeting, Start Time: 6 PM
Monday, March 23, 2009
The meeting was adjourned at 6:48 PM.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 16, 2009
Members Present: Kami Fletcher, Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann
McDuff, Steve Pogue, Dr. Richard Stream, Jodi Vicars-Nance, and Angie Jester
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order. Staff Barbara Ross introduced Alma
Espino as the new human services coordinator for the City.
Ms. Vicars-Nance asked if there were any changes on the minutes. Hearing none, she asked for
a motion. Lorn Bortnem made the motion to approve the minutes from December 15, 2008. Dr.
Richard Stream seconded the motion. The minutes were approved as written.
2009-2010 Human Services Applicant Presentations:
Court Appointed Special Advocates (CASA) of Denton County
Lauren Travis, Development Associate and Dixie Berry, President of the Board of Directors
were the first presenters. From 1998 to 2006 there was a 12% increase. From 2003 to 2006 it
was a 20% increase. Recent initiatives by Child Protective Services decreased services provided.
Not as many children are being taken from their homes. They are also looking to get new space.
They are fully staffed but do not have sufficient room for all staff and a training center. In 1998,
CASA only had four staff members, now they have ten staff members and many more
volunteers. With the support of the City of Denton, they have been able to serve 3,491 children
that were not safe in their homes. Their goal since 1998 has been to serve 100% of children.
They have served all but 416 children since 1998 in Denton County. It was noted that if CASA
is not funded by the City there would be a lot more than 416 children that wouldn't receive
services. As mentioned in the application, approximately 46% children served last year were
from the city of Denton. It was noted that the downturn in referrals would probably not
continue.
Ms. McDuff asked why they asked for only a portion rather than a full salary. Ms. Travis stated
that she was unsure why it was only a portion. Ms. Vicars-Nance suggested that it was probably
the history of what they've received in the past. Ms. Travis stated that she would get an answer
and have it forward to them.
Ms. Jester asked if they worked with the Nelson center. Ms. Travis said there is no formal
relationship, but that they have worked with them.
Ms. Vicars-Nance noted that they are doing a little bit better with their diversity. Ms. Travis
stated that they have a committee that is set up to look at diversity issues. Ms. Berry stated that
they were having difficulty getting a Hispanic on the board, but that the committee was looking
into this.
AIDS Services of North Texas
Susan Stambaugh, Director of Clinic Services and Andre English, Nutrition Center Coordinator,
introduced themselves. Ms. Stambaugh thanked the committee for funding AIDS Services last
year and has been funded by the City for many years. She noted that the Federal funds for food
services are going away. Federal funds are all going to medical care and medications. Yet, the
basic needs of food, housing and transportation are still present and still very necessary. Ms.
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Stambaugh noted that they will lose approximately $40,000 in funding next year. In January
2008, AIDS was serving about 75 city of Denton clients. This January, 122 of their clients were
from the city of Denton. It is anticipated, due to the economy that the number requesting
"shops" (one week of groceries) will continue to go up for clients from the city of Denton. It
was noted that 25% newly diagnosed go from HIV to AIDS diagnosis in the first month. This is
due to people waiting to come and get tested. Ms. Stambaugh added that there has been an
increase in 18 to 30 year olds and the number of students.
Steve Pogue asked if fund raising was getting more difficult. Ms. Stambaugh stated that it was.
She noted that their Hearts and Heroes event may not have been as successful as in the past. The
Food Pantry has done four or five large food drives this year.
Dalton Gregory asked if their food was different from those of other food services. Ms.
Stambaugh stated that it is more supplemental and it is high protein foods.
Dr. Stream asked if they believe the current administration will increase funding. Ms.
Stambaugh responded that she did not think that would be the case.
Ms. Jester asked if the number of 37 staff members was correct. Ms. Stambaugh stated that they
have three sites and the staff number includes the Guardian Program.
Mr. Stream asked how much it costs to feed one individual per month. Ms. Stambaugh stated 30
to 35 dollars per week, so, approximately $132 per month. Lorn Bortnem asked what food bank
they use. Ms. Stambaugh stated that it was the Tarrant County Food Bank.
Denton County Children's Advocacy Center
Dan Leal, Executive Director and Jim Martino, President of the Board of Directors, introduced
themselves. Mr. Leal discussed the agency's mission. He noted that they work closely with the
City of Denton Police Department and reviewed other agencies that they work with. He stated
that they do group as well as individual counseling. They assist families where children are the
victims of abuse and help agencies that are investigating Mr. Martino asked that the committee
continue to request that the City support the "fair share" request to the Council. Mr. Martino
noted that they are beginning to get support from almost all of the cities in the County. Mr. Leal
stated that it would not come out of the Police budget, but would be a separate line item.
Mr. Pogue asked if the smaller towns were kind of looking at the larger cities. Mr. Leal and Mr.
Martino stated that Denton's support did help get support from others. He stated that Alma
Espino had an updated chart.
Ms. Jester stated that the grant was very well written. Mr. Leal noted that many crimes continue
if children don't receive treatment and no Advocacy Center is available to assist. He discussed
the agency's excellent relationship with the Police Department. It was noted that they had
requested "fair share" funding a couple of years before receiving assistance. The Denton Police
Department did a comparison of what the costs would be if they had to provide the services. Ms.
McDuff asked if the new chief was supportive. Mr. Leal stated that he believed he was.
Mr. Pogue asked about the amount of the fair share for last year. Staff would look into the
amount and the chart would be emailed to committee members.
PARD Playground Programs
Kathy Schaeffer introduced herself. She explained how the Owsley and the MLK Summer
Playground programs work. This year she's asking for space at Immaculate Conception Church
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for the Owsley program. They provide a day camp, with field trips and swimming. The MLK
program takes place at MLK and they have a similar program.
Jodi Vicars-Nance asked what would happen if they didn't receive funding. Ms. Schaeffer stated
that they would have to lower their number of children served. The waiting list gets longer. The
programs are based on income.
Kami Fletcher asked about the funding. Ms. Schaeffer stated that they try to raise funding and
there is some City funding for this year. She stated she was trying to fund 84 programs.
Ms. Vicars-Nance asked about whether these are drop-in programs. Ms. Schaeffer talked about
how they handle attendance.
Ms. Fletcher asked what the difference in costs is for King's Kids and Denia. Ms. Schaeffer
stated that it is the same amount for both camps. She is unsure as to why the transportation was
taken out of one of the requests.
Mr. Stream asked why this wasn't a line item for the City of Denton. Ms. Schaeffer stated that
they had put together supplemental packages.
Ms. McDuff discussed that this would be a good opportunity for community service
organizations.
Mr. Pogue asked if they can try to find funding for these programs. Ms. Schaeffer stated that the
Parks Foundation could.
Communities In Schools
Hillary Talatzko, board member introduced herself and Courtney Molchan, Director of Research,
Development and Grants and Gary Henderson, Chief Executive Officer. Ms. Molchan discussed
the programs and key metrics for 2007-08. They have expanded from 4 programs in 2007-08 to
12 programs in the area. They case manage students and Denton ISD is one of their largest
service areas. Due to application rules on when to reapply, their Department of Education grant
went away and they lost some programs there. Some of their largest donors have also quit
providing funds, so some programs had to be closed, but others have been opened. No programs
have been closed in Denton. They now have an operating budget of $2.25 million. Ms. Molchan
referred to the statistics in the handout provided. She walked the committee through the
organization's growth plan. If the plan is reached there will be 19 programs serving 1900
students. They are also requesting funding because in spite what they are doing they are still
only serving 24% of the service population.
Mr. Gregory asked how they determine which schools to serve. Communities in Schools looks
at several variables like the economically disadvantaged or special needs in each school.
Redistricting can change demographics.
Ms. Fletcher asked where the $12,000 would be going. Ms. Molchan stated that it will serve the
city of Denton thru personnel salaries for staff that provide direct services.
Dr. Stream asked about performance measures. Ms. Molchan stated that they use 1) stay in
school, 2) promotion rate, 3) academic performance, 4) behavior and attendance, 5) promotion
and 6) graduation rate. Dr. Stream asked about referrals. Ms. Molchan explained the process
and what organizations they get referrals from and the reasons for referral. It was noted that WS
Ryan was one of the schools that they are targeting for a new program.
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Ms. Fletcher asked about the feeder programs for tracking children after receiving assistance
from the programs. Ms. Molchan explained how the feeder programs work. She noted that they
are trying to get a program at Ryan High School to finish their feeder program for many children.
Day Stay For Adults
Andre Villarreal, Executive Director, introduced himself He stated that Davita Goodall,
Activities Director, would probably be coming in. Mr. Villarreal explained the services provided
by Day Stay for Adults. He stated that they will be trying to expand their services to include
Home and Community Services (HCS) to assist those with disabilities and/or a medical need.
He gave the example of an Alzheimer's patient that was physically in good shape. Mr. Villarreal
also stated that transportation is a great need. Now there are pockets all over the County that are
not receiving transportation services. He stated that they have been talking to the transportation
agencies to get service for these households. Mr. Villarreal also noted that they would soon be
moving. The State inspection is scheduled for the 24th and they will be able to move in on the
25th of this month. The new location is in Corinth. Mr. Villarreal invited the committee
members to attend their Open House. He noted that they will also take over the building in
Lewisville that the Advocacy Center is currently using.
Ms. Vicars-Nance asked about the HCS services, and if the plan was to serve current recipients,
since the waiting list is about 12-15 years long. Mr. Villarreal stated that he believes that he will
serve people who are currently on the program, but are not receiving the types of services they
offer. This group will include people who are younger, with mental and physical disabilities, but
are in need of care during the day. Ms. Vicars-Nance asked if the HCS clients would be served
separately. Mr. Villarreal replied that the new facility will allow for different programs on each
side. He did note that different groups of people can be served by the programs together.
Dr. Stream asked about the budget and the funding for meals. Mr. Villarreal stated that there are
38 clients enrolled but they don't always show up everyday. The Medicaid clients usually come
in every day, but the private pay clients do not. Dr. Stream stated that they are averaging 25
clients per day about 5 days per week. Mr. Villarreal explained why they do not cook their own
meals on site.
Mari Metzgar asked about the daily cost. Mr. Villarreal stated that services average about $44
per day and reviewed the services that are provided for that amount.
Denton Christian Preschool
Judy Royal, Director, and Alicia Blanca, Assistant Director, introduced themselves. Ms. Royal
gave some statistics regarding free and reduced lunch children currently in kindergarten in
Denton ISD. She stated that this shows how many low-income four-year-olds in the City that
need programs similar to those provided at Denton Christian Preschool. This amount continues
to increase. Ms. Blanca discussed the waiting list and how long families wait to get their
children in. They have children as long as 6 months on the waiting list. They have over 200
names on the waiting list.
Mr. Pogue asked about whether some statistics were from Denton ISD. Ms. Royal stated that the
statistics were obtained from the DISD nutritional coordinator.
Mr. Stream asked if they provided transportation. Ms. Royal stated that they do. They have
their own buses. Ms. Metzgar asked how the transportation worked. Ms. Royal said that they
limit transportation to local areas. Transportation is not provided to Sanger.
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Dr. Stream asked how they work with such a large waiting list. Ms. Royal stated that they have a
committee of volunteers that include teachers, volunteers and staff, who look over the
applications. They look at various at-risk guidelines of DISD, like single parent households,
very low-income, etc. Teams of two actually visit the homes and then decisions are made as to
who can attend.
Ms. Fletcher asked if they had a class where they're teaching Spanish. Ms. Royal stated that
their program is intended to get the children ready for school, so they try to teach the Spanish-
speaking children to speak English. She noted that in many instances the English-speaking kids
do learn Spanish.
Denton City County Day School
Eddie Garcia, Executive Director, introduced himself He provided a history of the day care.
Mr. Garcia stated that they try to provide more than just a safe place for the kids. They try to
help them transition to kindergarten. Mr. Garcia stated that they take good care of the facility
and most families are pleasantly surprised by the cleanliness of the building. It was noted that
DCCDS must comply with the same requirements as for-profit day cares. Mr. Garcia
commented that fees range from $55 to $85. This is much lower than for-profit day cares.
DCCDS also provides their employees with benefits and a good work environment and this
supports longevity. Some of the teachers have been at the school for 11 years. He added that
costs continue to go up.
Ms. Fletcher asked if they serve infants. Mr. Garcia stated that they did at one time, but they are
no longer able to do that due to State requirements.
Mr. Gregory asked what their capacity is. Mr. Garcia stated that they are licensed for 120 but
only serve about 85. He added that the building was too small for 120.
Ms. Metzgar asked what the actual cost to serve each child was. Mr. Garcia stated that it is
$123. Mr. Gregory asked about other funding. Mr. Garcia responded that they get funding from
the State's food program.
Dr. Stream asked how DCCDS's program differs from Denton Christian Preschool. Mr. Garcia
stated that they are a full-time day care and he did not believe that DCP was full-time but, he was
unsure. They also take children from 2 to 5 and in the summer from 5 to 10.
Dr. Stream asked about the criteria for acceptance. Mr. Garcia stated that they must meet the
income requirements. Acceptance is left up to the director and assistant director. They follow
guidelines and make the decisions. They do have a waiting list but the number of children
varies.
Mr. Gregory asked what the most recent improvement was. Mr. Garcia stated that the gym was
built in 2003. Other smaller improvements have been funded with CDBG funds.
Mr. Garcia invited the members to the Open House in April.
Members discussed visiting the sites. It was determined that members could call and set up a
visit. Ms. Espino will email the agencies and let them know that the members may be calling.
Ms. McDuff stated that the only agency that provides infant care is Fred Moore Child Care.
Lorn Bortnem moved that the meeting be adjourned. Ms. Jester seconded, the meeting was
adj ourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
March 2, 2009
Members Present: Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann McDuff, Steve
Pogue, Dr. Richard Stream, Jodi Vicars-Nance, Jan Hillman and Angie Jester
Members Not Present: Kami Fletcher
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order at 6:07 pm. Dalton Gregory pointed out that
it is Texas Independence Day. Alma Espino made some announcements and asked members if
they received the emails and attached documents she sent out. She asked about the possibility of
changing the next meeting to an earlier date. Committee members agreed to keep the March 23rd
meeting date. The committee members agreed to email Ms. Espino the evaluation forms as soon
as possible. They are due by March 12th. Angie Jester was introduced as a new committee
member.
Ms. Ross stated that the City will receive $232,917 in CDBG and some of that may be eligible
for 2008-2009 human services. She will advise the committee as soon as this information is
made available.
Ms. Vicars-Nance asked if members had reviewed the minutes from February 16, 2009. She
asked for corrections. She noted that her name was spelled incorrectly in the first paragraph.
Mr. Bortnem moved the minutes be approved. Ms. Jester seconded the motion. The minutes
were approved as corrected.
2009-2010 Human Services Applicant Presentations:
Plano Community Home Sponsor for Fairhaven
Molly Mann, Campus Administrator, represented Fairhaven. She is requesting funding for a
service coordinator. Ms. Mann described the tasks that the service coordinator carries out. Ms.
Mann discussed some additional goals for the facility such as expanding transportation for the
residents. She noted that they had hired a development director who is working to find
additional resources for the organization. Ms. Mann explained that the residents are somewhat
frail and this is why the service coordinator is needed.
Dr. Stream asked about the low occupancy levels at Fairhaven. Ms. Mann explained that they
are having difficulty getting additional tenants. The center is unique because it offers up to 3
meals a day and is a step between independent and assisted living. She noted that Fairhaven is
an older facility, with 50 apartments. The rooms are small and many of those who can live
independently want a larger space. She stated that if Fairhaven were to close, the service
coordinator could be transferred to Fairoaks.
Mr. Gregory asked if Plano Community Homes is a non-profit. Ms. Mann said that it was.
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Ms. Vicars-Nance asked when Plano Community Homes took over. Ms. Mann responded that
they took over in 2006.
Dr. Stream asked if the program was viable for another facility. Ms. Mann stated that if the
center closed the service coordinator could be transferred to Fairoaks. It has the same mission
and goals.
Dalton Gregory asked if the position was full or part time. Ms. Mann stated that it was full time.
Ms. Vicars-Nance asked why only one board member was from Denton. Ms. Traylor stated that
various members had been from Denton, but that a change to the board had occurred after Plano
Community Home took over.
Ms. Ross explained that the funding is provided as a reimbursement for services and doesn't get
paid up front.
Family Health Care
Patrice Capan introduced herself as Executive Director of Family Health Care. She noted that
they have admitted 307 women into the clinic, over 43% are from Denton and 22% qualified for
City of Denton funds. City funds have been used to help women who are not yet on Medicaid.
The process to get on Medicaid can take 3 to 4 months. It is important to be seen during this
time to receive proper prenatal care. Also, most physicians will not accept a client who has not
seen a physician in the first 20 weeks of their pregnancy. This money helps the clinic serve
individuals as they are waiting on other funding sources. She added that they accept all kinds of
co-pays and Immaculate Conception helps pay for labs if the individual has no funding.
Dr. Stream asked if they were undocumented aliens. Ms. Capan stated that some of them are.
This program gets them into early prenatal care.
Mr. Pogue asked why she didn't ask for more funds. Ms. Capan stated that the CHIP Prenatal
program has been helping and so they didn't need as much.
Mr. Gregory stated asked why they only served 74 of the 84 projected for 2007/08 year. Ms.
Capan stated that it had gone down due to other funding sources being available. The first visit,
prior to receiving assistance from Medicaid or other programs, is very important.
Mr. Bortnem asked why Denton numbers were down. Ms. Capan stated that it was due to access
to other funds.
Fred Moore Child Care
Laura Williams, Executive Director and Jason Adamson, Board President, introduced
themselves. Ms. Williams stated that they are the only agency that provides day care for infants
and toddlers. There is no sliding scale for infant care, which is $90 per month. Other day cares
charge an average of $190 compared to Fred Moore's $90. The center can have up 90 children,
but the average is 65. Mr. Adamson stated that the debt to the IRS has been repaid and there is
only a small amount ($4,000) owed by the agency. He reviewed the board committees and
groups that have been set up. He also noted what the board has been working to build a strong
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foundation for Fred Moore Child Care. He added that he believes Fred Moore will do well. They
are currently working on fundraising.
Mr. Pogue commented that most of the changes were board initiated rather than staff initiated.
Ms. McDuff stated some of the positive things about the agency and that they are also supported
by United Way.
Dr. Stream stated that he was concerned about the protocols including parent involvement. He
asked how much training is given in parenting. Ms. Williams explained how the parents
participate and the training that is available to them.
Mr. Pogue asked about the increase in tuition and how that will affect the families. Ms. Williams
explained that in the last seven years tuition had been raised only $12. Raising tuition is a
burden, but based on what is available they are still providing a low cost program. Currently
they care for 12 infants.
Ms. Ross asked how the $90 for infant care cost was determined. Ms. Williams stated that infant
care cost is usually higher, above $120.
Ms. Metzgar asked how often the board meets. Mr. Adamson stated that they meet monthly but
will soon meet quarterly. Committees meet between those dates.
Mr. Pogue asked about monthly statements. Mr. Anderson stated that several board members
were reviewing monthly statements.
Members discussed visiting the facility.
HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS)
Barbara Atkins, Executive Director of HOPE introduced herself and Carl Seiler, Project
Coordinator, who manages the HMIS. Ms. Atkins described the services provided by HOPE.
There are over 600,000 homeless and 1.35 million children, the hidden homeless. Ms. Atkins
also described the goals of the agency and how they plan to strengthen the agency. She noted
that the HMIS is working on several things including "point in time" homeless count. She stated
that the information will be helpful for many organizations. They are currently doing an Annual
Homeless Assessment Report. They want to move toward data sharing and allow agencies to
avoid duplication. Ms. Atkins noted that four local agencies, including the HMIS were funded
under the Supportive Housing Program grant. She read a portion of the letter from the US
Department of Housing & Urban Development.
Ms. Jester asked about other agencies that would want to share data. Ms. Atkins mentioned Our
Daily Bread and some church groups. Ms. Atkins reviewed the current agencies that participate
in the HMIS. She noted that agencies must participate in the HMIS before they can request
Federal homeless funding.
Ms. McDuff asked about Interfaith Ministries. Ms. Atkins stated that Interfaith currently has
their own database and they are discussing how to share data without compromising confidential
issues.
Page 68
Mr. Pogue asked for clarification on the HOPE website. Mr. Seiler explained that there is not a
website for HOPE, Inc. Ms. Atkins stated that they are working on a website for the Denton
County Homeless Coalition.
Mr. Gregory asked about families that become homeless and they don't realize that they now
have a special status. He asked if any of the agencies that serve homeless provide this
information to their families. Ms. Atkins stated that they have relied on the school districts but
that agencies could put out more information.
Ms. McDuff asked about HELPNET and commented on the need for this centralized data
system. Mr. Seiler explained that the current system could handle quite a bit of social service
data. So, there is the possibility of expanding the system. Ms. Atkins added that there were
issues with all the current different databases, regulations per accessing data and how to access
the different data.
Mr. Pogue asked about putting the "point in time" homeless count on the web, so that others
could use the information. Ms. Atkins explained that the data was in the process of being
compiled.
People's Clinic
Mary Freemon, Executive Director of the People's Clinic explained the services provided by the
agency. She stated that the funds would help people get x-rays or prescriptions that they cannot
afford.
Dr. Stream asked about the Kiwanis group and the funds that they provide. Ms. Freemon stated
that these funds go to pay for services the families cannot afford.
Mr. Pogue asked about their United Way funding from the previous year. They had requested
$15,000, but only received $631. Ms. Freemon stated that is what she had been awarded. They
are currently working on a funding request and United Way would be visiting next week. Ms.
Freemon also stated that they are getting membership to allow them to get Medicaid dollars. She
noted that they have not seen the increase in volume that they anticipated.
Mr. Gregory asked about why the People's Clinic had not been funded in 2008-09. Ms. Freemon
stated that the previous staff had missed the deadline for the application.
Ms. McDuff asked about their work with Interfaith Ministries. Ms. Freemon stated that
Interfaith is available to assist with client expenses or sometimes Interfaith clients are seen at no
charge. They also don't charge to see people from the local shelters. It was noted that they refer
patients to Interfaith to get prescriptions.
RSVP
Diana Corona, Executive Director, and Judy Smith, Special Projects Coordinator, of RSVP
introduced themselves. Ms. Corona described the mission of the agency and how their
volunteers are going to be needed to meet community needs. She noted that Denton has
excellent services for seniors. RSVP is a key player in keeping older adults engaged in their
community. Ms. Smith reviewed some new initiatives from RSVP - consulting services for non-
profits and the Renaissance Apartments after school program for at risk children.
Page 69
Dr. Stream asked about the fact that there may be fewer seniors who are able to help. Ms.
Corona stated that she didn't think that this would be the case. She added that some have had to
go back to work, but people are still volunteering. Ms. Smith stated that they have a lot of
requests for volunteer opportunities on Saturdays or at night.
Dr. Stream asked about Robson Ranch volunteers. Ms. Smith reviewed several of the activities
that these individuals participate in.
SPAN
Linda Leukel, Executive Director, and Richard Taliaferro, Board Chair, introduced themselves.
Ms. Leukel noted that hunger is a reality for seniors. She stated that it exists in our community.
Ms. Leukel stated that they feed hot meals to the elderly every day. She described some of the
additional things that the agency does and how they partner with other groups in the community
such as the Police Department, to ensure the health and safety of seniors. Ms. Leukel stated that
the CPI has continued to increase and is asking for an increase in funding if it is available.
Mr. Gregory asked about the CPI. It was noted that it is the consumer price index.
Ms. McDuff asked about their "pet" program. Ms. Leukel stated that they have several different
donors that provide food for the pets of seniors.
Mr. Pogue asked about the 2007-2008 budget figures. Ms. Leukel stated that the figures had not
been available at the time the application was completed. She indicated that she would get the
budget data to the committee.
Mr. Bortnem asked where they got their meals. Ms. Leukel stated that it comes from Valley.
She described earlier days when they cooked their own food.
Mr. Gregory asked if they still provide congregate meals to get people out of their homes and
interacting with others. Ms. Leukel stated that they still provide this and are expanding the
program. It was noted that some volunteers had to stop because of the price of gas. She stated
that each volunteer delivers about eight meals a day.
Camp Summit
Lisa Brazel, Camp Director and Carla Weiland, CEO, introduced themselves. Ms. Weiland
explained how their programs assist families and benefits the individual being assisted. She
described a specific camper's experience. Ms. Brazel stated that their program is unique because
they serve adults. She added that there have been a significant number of adults in the program.
Money does stop many people from attending camp. The City of Denton funds are very
important to their program.
Dr. Stream asked about their service numbers. Ms. Brazel stated that they serve about 1200
people on an annual basis. During the summer camps they serve about 754 in 10 sessions that
are a week long.
Mr. Gregory asked about their potential move. Ms. Weiland stated that they are still waiting and
raising money. They will move toward Sunset, which is in a more rural area about 70-85 miles
from their current location.
Page 70
Mr. Bortnem asked exactly what the funding requested would be used for. Is the money strictly
for city of Denton individuals? Ms. Weiland said it would assist Denton residents.
Dr. Stream asked if these were persons with physical and developmental disabilities. Ms.
Weiland stated that they have one or both physical and developmental disabilities.
Mr. Gregory asked about emergency services in their new area. They discussed services that are
currently available and what would be available in the new location.
Denton County Friends of the Family
Wendy Trayler, Program Development Coordinator introduced herself. She described their
services and stated that they are the only agency in Denton County that provides shelter services
for victims of domestic violence. She noted that an average shelter stay is 27 days. Clients are
offered transitional housing and counseling services.
Mr. Gregory asked if they receive funding from the City of Lewisville and other cities. Ms.
Trayler stated that they do receive funding from the City of Lewisville.
Mr. Pogue asked why their grant funding was going down. Ms. Trayler stated that they lost
funds last year and will probably not get that back. Fund raising is down. She noted that they
have a fundraising event coming up at the Hilton Garden Inn in Lewisville.
Mr. Pogue asked why their rent was going up. Ms. Trayler stated that it is going up because they
have a larger facility.
Ms. Jester asked if they served only Denton and was it a 24 hour facility. Ms. Trayler stated that
their facility and crisis line were available 24 hours a day. She added that there also had to be
space available in the shelter. If no space is available the client is referred.
Mr. Pogue asked how often they refer. Ms. Trayler stated that they refer 4-5 times a year.
Ms. Jester asked if they are referred to another city if no space is available. Ms. Trayler stated
that transitional housing for the night can be made available until a space opens up in the facility.
Dr. Stream asked if the agency provided services to battered men. Ms. Trayler stated that they do
provide services, but not in the shelter. The shelter is for only women and children.
Ms. Jester asked about the money made at the thrift center, she noted that it was quite a bit. Ms.
Trayler stated that the community had been very generous.
Ms. Espino reminded HSAC members to email their evaluation forms to her as soon as possible.
They are due by March 12th. Committee asked how much was available in funding. Ms. Espino
stated that there was $131,389 in CDBG funds available. In 2008-09, the City of Denton
provided funding of $119,602 in general funds.
The meeting was adjourned.
Page 71
UNOFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
March 23, 2009
Members Present: Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann McDuff, Steve
Pogue, Dr. Richard Stream, Jodi Vicars-Nance, Jan Hillman and Angie Jester
Members Not Present: Kami Fletcher
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order. She asked for any announcements. There
were none.
Ms. Vicars-Nance asked if members had reviewed the minutes from March 2, 2009. She asked
for corrections. A correction was noted. Mr. Bortnem moved the minutes be approved. Ms.
Jester seconded the motion. The minutes were approved as corrected.
Ms. Espino provided the committee with a summary of their assessments that included an
average allocation amount. Ms. Vicars-Nance asked the committee how they wanted to discuss
the recommendations. Mr. Gregory stated that he calculated that they are about 2.4 percent over
the budgeted amount. He added that he went down the list and took out the 2.4 % except for the
HMIS, which needs to be fully funded. However, he noted that the committee would still want
to talk about specific requests where fewer members were interested in funding. Ms. Vicars-
Nance stated that she did not think it was a good year to request additional funding. She
requested that staff to take out the highest and lowest numbers on the chart to see how this would
affect the total average allocation amount. Per staff the total amount did not change
significantly.
Members agreed that they would review the list of requesting agencies, discuss the amount of
funding and make a recommendation. However, they would be able to go back and make
revisions as needed, based on the total budget numbers.
Plano Community Home Sponsor for Fairhaven
Steve Pogue stated that if Fairhaven were dropped that this would mean only a 1% difference in
what was available versus the committee's recommendations. Ms. Vicars-Nance suggested that
they discuss Fairhaven first since the agency appeared to have limited support. She asked if
anyone was against not funding Fairhaven. A decision was made not to fund Fairhaven.
AIDS Services of North Texas
AIDS Services request was discussed. Ms. Jester indicated that she was unsure as to why this
specific need was funded when others were not. Ms. Ross indicated that any agency that is
eligible can apply and that that the Sickle Cell Disease Association had been funded in previous
years. Members agreed to recommend $12,000 as a starting point.
Court Appointed Special Advocates (CASA) of Denton County
Members agreed to recommend the average of $10,400.
Denton County Children's Advocacy Center
Members discussed the request from the Children's Advocacy Center of Denton County
(CACDC) and the "fair share" amount that they were requesting from City Council. Ms. Vicars-
Nance discussed the "fair share" amount. Dr. Richard Stream stated that he felt that this was not
appropriate because all agencies could have a "fair share." Mr. Gregory discussed the support
the agency provides for children that are victims of abuse. Members discussed whether they
should fund the agency and submit a letter supporting the "fair share" amount. Mr. Gregory and
Page 72
Ms. Metzgar suggested that perhaps the amount from the committee could be reduced and
perhaps the agency would receive more in "fair share" funding. Mr. Gregory discussed the
City's decreasing tax revenues and how this will affect future funding. Members continued to
discuss the funding and made a decision to leave the funding at the average amount of $8,490.
PARD Playground Programs
Members discussed both PARD summer playground programs. Ms. Ross explained that the
programs were developed as a result of the City receiving CDBG funds. She added that if
funding was reduced the programs would have to serve fewer children. Mr. Pogue stated that the
situation is similar to the Advocacy Center, but he would also like to see it funded by the City.
Ms. Vicars-Nance said the Owsley Neighborhood was set up to serve the children in the
neighborhood, but now they're being bused to other areas. Mr. Pogue stated that the poorest of
Denton live in the Owsley area. Members agreed to fund both park programs at $7,000.
Communities In Schools
It was mentioned that Communities in Schools was not funded last year. It was noted that
Communities in Schools had not requested funds last year. Ms. Hillman stated she was unclear
of what the agency did. Dr. Stream thought the presenter was fairly vague about their benefit to
the community. Mr. Gregory stated that agency targets schools with the highest amount of low-
income students. The agency provides additional resources for these schools. He added that the
agency helps fill a similar purpose as federal Title I that is no longer available. Ms. Vicars-Nance
commented that she felt they have a good program. Members agreed to leave the average
amount of $5,250.
Day Stay For Adults
It was commented that Day Stay for Adults is doing a good job and is the only provider of this
service. Ms. Espino stated that the agency has not made any requests for payments from their
2008-2009 fiscal year, which started in October 2008. The committee felt that the agency would
utilize the funds before the end of the fiscal year. Members agreed to leave the average amount
of $8,615.
Denton Christian Preschool / Denton City County Day School
Ms. Vicars-Nance stated that she would like to give Denton Christian Preschool and Denton City
County Day School what they were provided last year. Members agreed to the amount of
$22,500 for Denton Christian Preschool and $26,500 for Denton City County Day School.
Family Health Care
Family Health Care was discussed as possibly not needing all their funding. Members agreed to
recommend the average of $20,035.
Fred Moore Child Care
Fred Moore Nursery School was discussed. Mr. Gregory suggested that might want to look at
each child care agencies based on the number of children they serve, but then noted that all child
care agencies don't provide the same type of service. Ms. Vicars-Nance suggested giving them
$23,720. Members agreed to recommend the average of $23,720.
HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS)
Members agreed to recommend the average of $20,400 for HOPE Inc. - Transitional Housing.
Ms. Vicars-Nance stated that the HMIS requires the full $18,000 for match and to continue the
Homeless Management Information system. Ms. Ross added that the match allowed homeless
assistance agencies to receive over $100,000 in funding to assist the homeless. Members agreed
to recommend the $18,000.
People's Clinic
Members agreed to recommend the average amount of $14,000.
Retired Senior Volunteer Program (RSVP)
Page 73
Ms. Jester stated that she preferred to give more funding to the Clinic and less to RSVP. Ms.
Vicars-Nance described the services provided by the agency and how important it is to both the
elderly and the agencies they serve. Members agreed to recommend the average of $7,530.
Special Programs for Aging Needs (SPAN)
Members agreed to recommend same amount as last year's funding of $17,500.
Camp Summit
Camp Summit was discussed. Ms. Metzgar stated that it was quite a bit of funding to serve a
small number of people. She noted that there are other sources of funds that clients receive. Ms.
Vicars-Nance stated that it assists more than just the individual with a disability, but also
provides respite for the family. Ms. Metzgar stated that some of the clients could be served by
Adult Day Stay. Mr. Bortnem suggested that they drop it to $4,000. Members agreed to
recommend $4,000.
Denton County Friends of the Family
Denton County Friends of the Family was discussed and members agreed to recommend same
amount as last year's funding of $24,000.
The current total was $256,940. Members discussed how to cut the funding. Mr. Gregory
pointed out that the People's Clinic was able to handle everything last year without any funding.
He stated that it was a great program and that he supports it but this was a possible place to
reduce funding. It was suggested that the People's Clinic go to $10,000. Mr. Pogue stated that
he felt that the People's Clinic provided a great service for the amount of funds they receive.
Members agreed to leave the funding at $14,000. Members decided to deduct funding from
CASA to $10,000, the Children's Advocacy Center to $7,500, Denton Christian Preschool to
$22,000 and Denton City County Day School to $26,000. Dr. Stream suggested dropping the
PARD programs further to $6,000. Members agreed to recommend to the $6,000 for each
PARD programs. Members agreed, due to lowering the total budget, to decrease Communities
in Schools to $5,000 and Day Stay for Adults to $7,500. Ms. Metzgar stated that she didn't want
to keep giving the same amount of funding to the same organizations, but wanted to consider
new organizations that are serving those in need. Ms. Ross commented that the City and the
United Way have discussed doing a needs assessment, but in the most recent needs assessment
health care and day care were the primary needs. Mr. Pogue asked if in the letter to City Council
it could be explained that the committee supports the Advocacy Center, but felt that the agency
should receive their funding from "fair share."
Members discussed whether they should have the same amount from last year of $251,000. A
question was raised about whether the general funds were increased last year. It was noted that
funding was increased by about $13,000 last year. Mr. Gregory made a motion to approve the
funding levels for a total of $251,185. Mr. Pogue requested that that the motion be amended to
include the letter suggesting that additional "fair share" funding be included in the budget. Mr.
Gregory amended his motion and Mr. Bortnem seconded the motion. The members approved
the funding recommendations.
Ms. Espino explained that the Community Food Center ended their funding agreement and gave
the $4,000 back. Members looked at the agencies funded in the 2008-09 to determine who could
use the funding. Ms. McDuff suggested Fred Moore Child Care. Mr. Gregory suggested that
they provide funding to health care and day care. Ms McDuff suggested that SPAN and Fred
Moore receive funding. Members agreed to provide $1,000 to four agencies. Members agreed
to provide an additional $1,000 to SPAN, Fred Moore, CASA and AIDS Services for the 2008-
09 funding year.
The meeting was adjourned.
Page 74
APPENDIX A
Annual Housing Completion Goals
(Table 3B)
Grantee Name: Expected Annual Actual Annual Resources used duriu- the period
Number of Units Number of Units
Program Year: To Be Completed Completed CDBG HOME ESG HOPWA
13FNFFIC'L4 RY GOALS
(,Sec. 215 On4j)
Homeless households ❑ ❑ ❑ ❑
Non-homeless households 69 ® ® ❑ ❑
Special needs households ❑ ❑ ❑ ❑
Total Sec. 215 Beneficiaries* 69 ® ® ❑ ❑
RFN'1;AL GOALS
(,Sec. 215 On4j)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units 2 ® ❑ ❑ ❑
Rental Assistance 2 ❑ ® ❑
Total Sec. 215 Affordable Rental 4 ® ® ❑ ❑
H03IE 011'A'FR GOALS
(Sec. 215 On4j)
Acquisition of existing units ❑ ❑
Production of new units 3 ❑
Rehabilitation of existing units 39
Homebuyer Assistance 23 ® ® ❑
Total Sec. 215 Affordable Owner 65 ® ® ❑ ❑
C11;19RLVED RF;VI;ALA AD 011 AER
GOALS (Sec. 215 On4j)
Acquisition of existing units ❑ ❑ ❑
Production of new units 3 ❑ ® ❑
Rehabilitation of existing units 41 ® ® ❑ ❑
Rental Assistance 2 ❑ ® ❑
Homebuyer Assistance 23 ® ® ❑
Combined Total Sec. 215 Goals* 69 ® ® ❑ ❑
OVERALL HOUSING GOALS
(Sec. 215+ Other Affordable Housiu-)
Annual Rental Housing Goal 4 ® ® ❑ ❑
Annual Owner Housing Goal 65 ® ® ❑ ❑
Total Overall Housing Goal 69 ® ® ❑ ❑
Page 75
AGENDA INFORMATION SHEET
AGENDA DATE: April 27, 2009
DEPARTMENT: Public Communications Office/Cable TV
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Receive an update, hold a discussion, and give staff direction regarding Denton Television
Network (DTV) and proposed upgrades to the Council Chamber and the City Council Work
Session Room.
BACKGROUND:
The City of Denton's Television Channel - DTV signed on in the fall of 1993 on Charter
Communications and televised its first City Council meeting. Four years later the first Planning
and Zoning meeting was televised. In 2000, the first full-time city employee dedicated to DTV
was hired. In August of 2006, Verizon added DTV to their channel lineup; and Grande
Communications added DTV in December of 2008. DTV is considered a PEG channel or
"Public, Education and Government" channel. There are four other PEG channels in the city of
Denton - UNT, TWU, DISD and Public Access.
RECOMMENDATIONS: N/A
PRIOR ACTION/REVIEW (Council. Boards. Commission): N/A
FISCAL INFORMATION:
Pursuant to Section 66.009 of the Texas Utility Code, as a PUC issued franchise holder, the City
of Denton requests all cable companies to collect and pay a monthly Public, Education and
Government (PEG) fee from every subscriber within the city limits. Our PEG Fee is $0.50 per
subscriber, per month. This PEG fee is used for lawful capital expenditures for PEG production
equipment and facilities.
Respectfully subrhi ed.
Betty W liams
Director of Administrative Services
Prepared by:
rllly atthews
Cable Television Supervisor
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Parks & Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the noise ordinance for amplified sound on a Sunday for
the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time
events are scheduled for the following Sundays: July 5, July 12, July 19, 2009, from 5:00 p.m.
until 10:00 p.m. and Sunday, July 26, 2009, from 5:00 p.m. until 10:30 p.m. The events will be
held in Fred Moore Park. Mr. Harold Jackson, the event organizer, is specifically asking for an
exception to the noise ordinance to allow for amplified sound on Sundays.
BACKGROUND
Apollo Time is a talent show in the Fred Moore Park and will be held on Sunday, July 12th from
5:00 p.m. - 10:00 p.m. and on July 26th from 5:00 p.m. - 10:30 p.m. The Apollo Time activities
are to help encourage area youth to increase their performance abilities and provide a safe
environment for entertainment. The Apollo Time events have been taking place since 2001.
The Music Time events would provide music for participants to listen to from an amplified
music system on Sunday, July 5th and 19th between the hours of 5:00 p.m. - 10:00 p.m.
Performances will not be held on these nights. The main source of noise from the activities will
be the use of speakers for the amplified music.
PRIOR ACTION/REVIEW
On June 3, 2008, City Council approved the Apollo Nights and Music Time request for an
exception to the noise ordinance to have amplified sound on Sundays, as they have since 2001.
EXHIBITS
1. Letter of Request
Respectfully Submitted:
1k.
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
To: Janie McCloud
This is Harold. I am turning in my dates for the park:
July 4 5-10pm Apollo
July 5 5-10pm Music
July 12 5-10pm Apollo
July 19 5-10pm Music
July 26 5-10:30pm Apollo
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
for the 3rd Annual Summer Showdown, sponsored by the North Texas State Fair Association,
located at 2217 N. Carroll Blvd. The event is to be held on Saturday, June 13, 2009, beginning
at 12:00 noon and concluding at 12:30 a.m. The exception is specifically requested for extension
of the hours of operation for amplified sound.
BACKGROUND
Glenn Carlton, Executive Director of the North Texas State Fair Association, has submitted a
request for an extension in the hours of operation for amplified sound. This event will include
live amplified music, a bull riding contest, and a sanctioned chili cook-off. The event will be
held as a fundraiser for the Association's various youth programs and scholarships, and facility
improvements.
The event organizers plan to conclude the concerts at 12:00 a.m. and are requesting the extension
of hours until 12:30 a.m. in case of a delay in the performances due to bad weather.
An exception for the level of decibels is not needed since 70 decibels for an outdoor concert is
acceptable by the noise ordinance.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
On May 6, 2008, City Council approved a request for the exception to the noise ordinance to
have amplified sound until 1:00 a.m. for last year's event.
EXHIBITS
1. Letter of Request
Respectfully submitted by:
Emerson Vorel, Director
Parks and Recreation
Prepared By:
~O", WV
Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and The One Hundred Club of Denton; providing for the expenditure of
funds therefore; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $650 (Mayor Mark Burroughs, $150; Mayor Pro
Tem Pete Kamp, $100; Council Member Charlye Heggins, $200; Council Member Jack Thomson, $100;
and Council Member Moreno, $100) from Council Contingency Funds. Key provisions of the
agreement include:
■ Funds shall be used by the Committee to help with the cost of the 7th Annual Denton
Police Department Appreciation Banquet.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from respective Council contingency fund accounts.
Respectfully submitted:
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
scour documentslordmances1091100 club serv agr.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS, AND THE ONE HUNDRED CLUB OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
Agreement between the City and One Hundred Club, attached hereto and made a part hereof by
reference (the "Agreement'), serve a municipal and public purpose including the promotion of
tourism and economic development and the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to exercise all rights and duties of the City under the Agreement, including the
expenditure of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
eAdocuments and settingsMaholleyllocal settings4emporary interna iilcslcontent.outlookloyayysmalone hundred club serv agr.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE
ONE HUNDRED CLUB
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule
Municipal Corporation, hereinafter referred to as "City", and the One Hundred Club, a Texas Non-
Profit Corporation, hereinafter referred to as "Committee":
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget to assist the One
Hundred Club with the 7ffi Annual Denton Police Department Appreciation Banquet; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
Committee shall in a satisfactory and proper manner perform the following tasks, for which
the monies provided by City may be used:
The funds being provided shall be used by the Committee to help with the cost of the 7th
Annual Denton Police Department Appreciation Banquet.
11. OBLIGATIONS OF COMMITTEE
In consideration of the receipt of funds from City, Committee agrees to the following terms
and conditions:
A. Six Hundred Fifty Dollars and no/100 ($650.00) shall be paid to Committee by City
to be utilized for the purposes set forth in Article I.
B. Committee will maintain adequate records to establish that the City fiends are used for
the purposes authorized by this Agreement.
C. Committee will permit authorized officials of City to review its books at any time.
D. Upon request, Committee will provide to City its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E. Committee will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
F. Committee will appoint a representative who will be available to meet with City
officials when requested.
dMocurnents and settingsllaholleyllocal settingsltemporary internet #Ileslcontent.outlookloyayysmalone hundred club serv agr.doc
G. Committee will submit to City copies of year-end audited financial statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Committee within the
following time frame:
The term of this Agreement shall commence on the effective date and terminate on
September 30, 2009, unless the contract is sooner terminated under Section VII "Suspension or
Termination".
IV. PAYMENTS
A. PAYMENTS TO COMMITTEE. City shall pay to Committee the sum specified in Article
II after the effective date of this Agreement.
B. ExCESS PAYMENT. Committee shall refund to City within ten (10) working days of
City's request, any sum of money which has been paid by City and which City at any time thereafter
determines:
1) has resulted in overpayment to Committee; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure.
V. EVALUATION
Committee agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. Committee agrees to make available its financial records
for review by City at City's discretion. In addition, Committee agrees to provide City the following
data and reports, or copies thereof:
A. All external or internal audits. Committee shall submit a copy of the annual
independent audit to City within ten (10) days of receipt.
B. All external or internal evaluation reports.
C. An explanation of any major changes in program services.
D. To comply with this section, Committee agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the services
performed under this Agreement. Committee's record system shall contain sufficient documentation
to provide in detail full support and justification for each expenditure. Committee agrees to retain all
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books, records, documents, reports, and written accounting procedures pertaining to the services
provided and expenditure of fiords under this Agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Committee of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
VI. DIRECTORS' MEETINGS
During the term of this Agreement, Committee shall deliver to City copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a
part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to
give adequate notice, and shall include an agenda and a brief description of the matters to be
discussed. Committee understands and agrees that City's representatives shall be afforded access to
all meetings of its Board of Directors.
Minutes of all meetings of Committee's governing body shall be available to City within ten
(10) working days of approval.
i
VII. TERMINATION
The City may terminate this Agreement for cause if Committee violates any covenants,
agreements, or guarantees of this Agreement, the Committee's insolvency or filing of bankruptcy,
dissolution, or receivership, or the Committee's violation of any law or regulation to which it is
bound under the terms of this Agreement. The City may terminate this Agreement for other reasons
not specifically enumerated in this paragraph.
VIII. EOUAL_OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Committee shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Committee will furnish all information and reports requested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain compliance with
local, State and Federal rules and regulations.
C. In the event of Committee's non-compliance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Committee may be barred from further contracts with City.
IX. WARRANTIES
Committee represents and warrants that:
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A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or report,
and, since that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Committee on the date
shown on said report, and the results of the operation for the period covered by the report, and that
since said data, there has been no material change, adverse or otherwise, in the financial condition of
Committee.
C. No litigation or legal proceedings are presently pending or threatened against
Committee.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Committee is doing business or with the provisions of any existing indenture or agreement of
Committee.
E. Committee has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Committee are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Committee to City.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
X. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. Committee shall notify City of any changes in personnel or governing board
composition.
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XI. INDEMNIFICATION
To the extent authorized by law, the Committee agrees to indemnify, hold harmless, and defend
the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries,
damage, loss, or liability of whatever kind or character, arising out of or in connection with the
performance by the Committee or those services contemplated by this Agreement, including all such
claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in
part, upon allegations of negligent or intentional acts of Committee, its officers, employees, agents,
subcontractors, licensees and invitees.
XIL CONFLICT OF INTEREST
A. Committee covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Committee further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Committee further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himself/herself, or others;
particularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval ofthe undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has direct
or indirect interest.
Xlll. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Committee or City, as the case may be, at the
following addresses:
CITY COMMITTEE
City of Denton, Texas Lee Shanklin, President
Attn: City Manager One Hundred Club
215 E. McKinney 4000 Thistle Hill
Denton, TX 76201 Denton, TX 76210
Fax No. 940.349.8591 Telephone No. 940.367.7827
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Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
XIV. MISCELLANEOUS
A. Committee shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Committee hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agreement consti-
tute or be construed in any way to be a waiver by City of any breach of covenant or default which
may then or subsequently be committed by Committee. Neither shall such payment, act, or omission
in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce
its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved.
No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of _ , 2009.
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ONE HUNDRED CLUB
r \-Q -rZ,- D
BY:
LEES KLIN, PRESIDENT
ATTEST:
BY:
SECRETARY
Page 7 of 7
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler 349-8044
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of various sizes of front load refuse containers for the City of Denton Solid
Waste Department; providing for the expenditure of funds therefore; and providing an effective
date (Bid 4283-Annual Contract for Front Load Refuse Containers awarded to the lowest overall
bidder Wastequip in the annual estimated amount of $150,000). The Public Utilities Board
recommends approval (5-0).
BID INFORMATION
The Solid Waste Department purchases commercial containers as needed in order to service the
existing and future commercial and industrial business operations planned within the service
area. Current commercial container inventories are low, and additional containers are needed in
order for the Solid Waste Department to provide service to future commercial customers.
The additional commercial containers are needed for smaller type developments, as well as for
several larger commercial projects which are planned for completion within the next few months.
A few of the major commercial developments which are planned for completion within the next
few months include:
Wind River Area Development (Ongoing Retail Development)
Medical Business Development (Office & Medical)
Hickory Creek Plaza - Hickory Creek Road and Teasley Lane (Retail)
As commercial business growth within the community occurs, the Solid Waste Department
provides refuse services to the new businesses.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 27, 2009 meeting.
Agenda Information Sheet
May 5, 2009
Page 2
RECOMMENDATION
Award to Wastequip in the annual estimated amount of $150,000. The recommended award to
Wastequip is based upon the total estimated quantities. A single provider for all items allows us
to take advantage of truckload shipments savings.
PRINCIPAL PLACE OF BUSINESS
Wastequip
Beeville, TX
ESTIMATED SCHEDULE OF PROJECT
This bid is for a one-year time period, with the option to extend for additional one-year periods
with all terms and conditions remaining the same.
FISCAL INFORMATION
The front load containers will be funded from account 660200.6510. Containers will be ordered
on an as needed basis.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
I-AIS-Bid 4283
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF VARIOUS SIZES OF FRONT LOAD REFUSE
CONTAINERS FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 4283-ANNUAL CONTRACT FOR FRONT LOAD REFUSE CONTAINERS AWARDED
TO THE LOWEST OVERALL BIDDER WASTEQUIP IN THE ANNUAL ESTIMATED
AMOUNT OF $150,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
4283 1-2 Wastequip Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD-4283
EXHIBIT A
BID #4283
DATE: April 2, 2009
Annual Contract for Front Load Refuse Containers
S,
WASTEQUIP
Principle Place of Business: BEEVILLE, TX
Minimum Single Order for F.O.B. Denton Shipment *EXCEPTIONS TO
SPECS.
1. FRONT LOAD CONTAINERS
A 20 EA 3 CUBIC YARD $408.00
B 50 EA 4 CUBIC YARD $455.00
C 6 CUBIC YARD SLANT TOP:
1 20 EA SAFETY BLUE RECYCLE $571.00
CONTAINER
2 40 EA GREEN CONTAINER $571.00
D 30 EA 6 CUBIC YARD LOW PROFILE NO BID
E 30 EA 6 CUBIC YARD HIGH PROFILE $624.00
F 8 CUBIC YARD SLANT TOP:
1 20 EA SAFETY BLUE RECYCLE $691.00
CONTAINER
2 12 EA GREEN CONTAINER $691.00
G 50 EA 8 CUBIC YARD LOW PROFILE $709.00
H 13 EA 8 CUBIC YARD HIGH PROFILE $709.00
2. OPTIONAL EQUIPMENT
A ADD FOR EXTRA LIDS (To be
ordered as needed for replacement)
1 N/A EA FRONT LOAD 3 CU/YD $24.79
2 N/A EA FRONT LOAD 4 CU/YD $24.79
3 N/A EA FRONT LOAD 6 CU/YD $29.23
4 N/A EA FRONT LOAD 8 CU/YD $29.23
Shipment can be made within days
7-28
from receipt of order.
Prices shall be bid F.O.B. Denton
Bidder can guarantee minimal delivery
quantities to meet individual customer
needs within 5 business days of NO
notification by City of Denton. YES or
NO or N/A
FT Authorized distributor by the YES
manufacturer? YES or NO or N/A
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 27, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into a Open Meeting on
7 Monday, April 27, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Bill Cheek, Randy Robinson, Bill Grubbs and John
11 Baines (arrived at 9:02 a.m.)
12
13 Absent: Phil Gallivan, excused
14
15 OPEN MEETING:
16
17 CONSENT AGENDA:
18 The Public Utilities Board has received background information, staff's recommendations, and
19 has had an opportunity to raise questions regarding these items prior to consideration.
20
21 3) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
22 an annual contract for the purchase of various sizes of front load refuse containers for the
23 City of Denton Solid Waste Department; providing for the expenditure of funds therefore;
24 and providing an effective date (Bid 4283-Annual Contract for Front Load Refuse Containers
25 awarded to the lowest overall bidder Wastequip in the annual estimated amount of
26 $150,000).
27
28 Board Member Randy Robinson moved to approve Item 1 with a second from Board
29 Member Bill Grubbs. The motion was approved by a 5-0 vote.
30
31 The meeting was adjourned by consensus at 9:35 a.m.
32
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tonya Demerson 349-8129
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance awarding a 36-month contract for the lease of production
printing equipment for the Reprographics Division as approved by the State of Texas Building
and Procurement Commission through a Texas Association of School Boards (TASB) catalogue;
providing for the expenditure of funds therefor; and providing an effective date (File 4307-Lease
of Production Printing Equipment to IKON Office Solutions, Inc. in the annual amount of
$90,264 for a 36-month total amount of $270,792).
FILE INFORMATION
The current contract for production equipment in the Reprographics division expires June 2009.
In accordance with the managed services model implemented in FY08/09, the Reprographics
manager has evaluated equipment and proposals from four different vendors for the replacement
of existing production equipment; which includes:
• 2 CPP 500 (50 ppm production color printers)
• 1 PCP1050 (105 ppm b&w production printer)
• PowerPress Software
Replacing the existing equipment with the proposal from IKON Office Solutions offers the
following benefits:
• CF900 provides increased speed for production color printing
• CF900 provides more paper options to satisfy customer needs
• CF900 allows for cardstock and gloss paper stock to print directly from the tray, which
increases productivity
• CF900 provides consistent color through job run
• Inline stitching and folding options
• Current vendor relationship
• Rapport with service technicians
• Familiar with current technology
With this equipment, the Reprographics division will be able to complete the types of projects
requested by City departments and in accordance with the managed services model. (Average
monthly volume estimates, excluding utility statements: B/W 146, 000; color 25, 445)
Agenda Information Sheet
May 5, 2009
Page 2
RECOMMENDATION
Award a contract for the lease of production printing equipment to IKON Office Solutions, Inc.
in the annual amount of $90,264 for a 36-month total of $270,792.
PRINCIPAL PLACE OF BUSINESS
IKON Office Solutions, Inc.
Sherman, TX
ESTIMATED SCHEDULE OF PROJECT
This is a 36-month lease which is scheduled to begin May 18, 2009.
FISCAL INFORMATION
This project will be funded from account 830100.6306. Requisition 93088 has been entered in
the Purchasing software system for the cost associated with the remainder of the 2008-09 fiscal
year.
EXHIBITS
Exhibit 1: Proposal from IKON Office Solutions, Inc.
Exhibit 2: Master Agreement
Respectfully submitted:
.z7-
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4307
Exhibit 1
TASB CONTRACT#299-08
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Proposal Submitted. Aprsl 6,2009 ~ ~1~
A REt'C!F! CCSA~1'rt~lY
y r
~acun~ent ~~c~e~~ U 11i V111 CIS'
Impact and Implementation
The proposed solution was designed to maximize the efficiency and effectiveness of your
document workflow, providing you with strategic advantages over the competition. The
system was specifically selected to meetthe unique demands of yourworking environment
and should integrate seamlessly. Its implementation has been scheduled to occur following
an agreement to the terms of this proposal. Please refer to the Implementation section for
specific information.
Power of Partnership
IKON is dedicated to helping companies become more efficient, productive, and
competitive. Capitalizing on the best in office technologies from the world's top
manufacturers, we provide innovative solutions, responsive to our customers' imaging,
document, and information systems needs and objectives.
Furthermore, IKON is prepared to help you adapt to any changes in your industry, as well
as the subsequent growth of your organization, by continuously providing you with the
equipment and services needed to be as productive as possible. Our extensive offerings will
allow you to upgrade your solution according to the demands of your workflow.
Company Commitment- IKON Office Solutions
IKON Office Solutions' commitment to your company's success is just beginning. Following
implementation, we will service and support your solution to ensure it continues to function
at optimal capacity and meetthe demands of yourdaily documentworkflow.
Individual Investment -Mark Hahn, Cody Onstead, Todd Velekei (IKON)
Believing customer service begins with equipment installation, I will continue to support your
business by:
•Making myself readily available to discuss your solution as well as any other business
objectives you may have.
•Maintaining regular contact with users to ensure their satisfaction with the system.
•Monitoring system usage to guarantee its effectiveness in meeting your needs.
•Introducing new products and technologies in order to ensure your company continues to
function at maximum efficiency
gi Document Efficiency
At Works"
City of Denton -Current Situation
IKON CPP500 15,000 Color
IKON CPP500 15,000 Color
IKON PCP1050 50,000 B/W
PowerPress
$6,963.28 / mth
Last 12 Months (Nov07-Nov08) $7,750 / mth
~►ver~g~ Pv56~~Fiiy vviurrne~ ~i~,4'i2 ~4h~j:
CPP500 2,702 B/W
11,781 Color
CPP500 41,662 B/W
12,664 Color
IKON1050 102,098
Document Efficiency
.SM
This unique solution was designed to meet the needs and objectives discovered
during our meetings. The total quote is outlined below, followed by sections that
detail system cost, service, and options.
Ricoh Pro C900S
• Comes Standard with ADF and 1 LCIT PaperDeck (picture below shoves
2 LCIT PaperDecks)
• 90 Pages Per Minute Color & B/W
• SR5000 Staple Finisher
• Tab Sheet Holder
Hole Punch lJnit
• EFI Compose
• Spectrophotometer
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• Full Automated Inline booklet IVlaker. v
• ~ Lions p
TR5010 Face Trim Unit
BF5010 Book Fold Unit
CF5010 Cover Interposer
Rail Unit (Docking 1 Undocking~
• Professi pall Finished A lic Lions. ® Y pp
POD short-run saddle-stitched booklets.
Brochures & catalogs.
Marketing and promotional booklets.
Product manuals, instruction manuals and educational materials.
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~oc~r~ent ~~f~c~~~
This unique solution was designed to meet the needs and objectives discovered
during our meetings. The total quote is outlined below, followed by sections that
detail system cost, service, and options.
Ricoh MPC3300
• 33 Pages Per Minute Color & Blw
• Finisher SR1901,000 Sheet Stapler Sorter
• Hole Punch Kit
• EFI Fiery E-3100 Controller
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This unique solution was designed to meet the needs and objectives discovered
during our meetings. The total quote is outlined below, followed by sections that
detail system cost, service, and options.
Current IKON PCP1050+
105 ppm B&W
Folding Unit
®Saddle Stitcher
• Staple Finisher
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r
• Document Efficiency
4i Wark."`
Financial Considerations
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~~411312~~9 15:16 '~~4Q3~58236 PAGE ~4~12
Exhibit 2 4
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~ri ytllf~ Our ~CUS~~ttii Stt indlc~ted 8't~lr~en ~c ~ tale W~ i rds '`wtn,'ws", or *oair" ;tti rhiis #I+Ias~r A~rtemerr~ ~ rlt►cat~ 1~~~ ~f5t~ Salacians, Ins qtr eotpara~ ogre
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~ ~ ~ us d1+C Sr1~~11mt~ . eificd m f Z 1~e14W~ nor ~l,~e t~e o tlt~s Masrtr Agrcc~tt~ refererr~, ~tl~ 5~edule shal# ~+t I~par~tcly e~h~hlc ~e~fxati~ ~7 ,
~ corm Iece and mde ,ndtnt 1 Grn~lhr~ mt#~ dent ref all r. I'~tr $ch~d+nl~ t# this Prrduct with egtt;pnt~ent of ~jnn~lar a~ ~tc1 ~Ftbilit~ frol►a ~ p ~+1'Amt A~crn+~nr~
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~ dytr with ~i1 Art~i~trrcn~, repla~crn~~~ gam' aubetitnt~t ~iS, addrt~ona, ~~~~r, parnea ~ eh~ ll~laster Agr~~tntnt w<tl dcf+cnd and, hrld ts~h other lrarnr#~,~ ~n~~trita ificot~r~arand
itt or a~iaod ~ the. try and ~ I;~ littrtst or subs ` ~ claims ari~g ~t t~f the d~th or badi,Cy injury QF ~t~~ ~ r, tmpioptx or tynsirit~
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"1~ndcrL"'Cb the rl the Prt►dnct ine#u~d+~ ~t~ngf1a1c grapc~k i as~aeiatcd xrci+o# t;4nil 9Ck5 4r nrtt;~tr~ns 4f the in~~rrinifyinR Forty= (b} I#~~+G►.~~ ham ao#~ sR~h ~t
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that ;t~~ I ~ rates this all[~~ter or ~y acci art nr otltieY casualty c~#Atiri$ ~ the 1~duet ~ a~ r~sFonsilalc for
drnxn t s~h~ b~ tn~tf tl~~ k ~+d c~and#tions of tl i ~~r r~~~, d~~~ or m~ury 1~a kl,~~l ~rcor~s ba thG nx thc`dama~c Q~r injury as +~+~d by omr ~ wt11 as ~c
bcnr~ arr~# canal s set f4rt~ ;n ~ttreh in~dividu~l ~#,sdult. ~tC111u' nep~sg+er~k Or ornrsarans, Xa~+ p~ret oa m~ntam ~n~h„~ri~ ro covet the PSr ~r
nati~ri rhi3 ~Iastcr ~,g~er,~tnt a~iA not affect at1~► ~tl~aduks ~d ftir~r tc~ th,c all ties a~ ificlnding, W►thr~~t lrmit~ theft, in an ~mrny'n# nit 1e~n dean t~ ftR#1
dare of such terfl~;nAt;twtt. iUVI►en r~~~~ ~ht Predur ;r, you ~grep to ~rsp~cct t~F#a~xtncnt value grid au wil# ~RmG SlC an ~adltrana# m~sared lam on
rlet~rm;r~t it is i ~nt`ltiri ardcr~ ~chcdul~d c i ~ as s aid iri the ~r~t i~n~nn~ pal;~r Leh insu~xnec X11 ~~tride that we will be gig t~rtirty►
a ~liGablt ~tltedule a►ill b~'n Qn kh$P~tact ~d~#i~ry I ~caacx aid t~ ("~~ttn~e days' ~dvar~cc r~~ti~ of ary cancdla~an, X~au nga•~~ r~ ~rdro~idr vs with ~ ~snth ba~te~}r YoU
arc ba sign and nr~m ~ ut a dcli~ry ~~1 a~Fr i ~rcc certifr+~tc (wh;t>ti, ~snr~nee m a form r~~riahly s~tisfacmry m •~ar f f ~t ire stlf=insurGtl ~rh ~
~t ~nr rec~t~e3t~ map be eltet~ti~tl~r~ within thnet h~in~ :lays aftefi any R'~cc to r1t~ ~rbdnc~'s1~, y~ shy## rrt~indirr during the term QFe~h S~ched~le I~ this Mir as ;nulled.
l~tnt a sc1fL~nt~e fro~rrt reasan~bl~ aAt~at~~ to ns and shall pn~1e m
T1tr trst sch~cduled P'ay~+~t (as specified m ~ ~ ; a1+Fl;cfrl~le SrhednEG} us ev;dettict of such g~g~a,~.1'r~ tlye event of IQ~ Qr d~t~A m tltut ProtlQCt, p°~ ' L~
' ' P' nts wil# ~ daG ba ~ma~fi r~~~tis~t~lc for tl~~ ~,nt ohliga~4na a~d~t M~.rARraemc~t~nt*fii ; ~F wall t~ due oe the Eta see. Tl~e rcmarnrnE #}~e ent al~li
ass frll s~~fi~.
on d~c same ~1~ of ~~h sbl~~goG~t rrK,~t1~ ,tnless onc~rwis~ ift~d on nc~ ~ppla- F'~' ~ ~ table $chcduier f'f arty Fayn~ent or Qt#rsr ~n~Mrnt b1c Under a i ~y ~ltedult
is not paid '4. .Aire art the ~ppgGr of and will ~1c1 title to the Pmd~ ( t far
tai ;n ~ d of ~a~ die d~ a will ka n*~ atl~ition t i ~ drat pmt, a mac- arr~r' S~aftauxre). , ~a x+;11 ~ rltc Pradn~~z ~e of X11 lict~s and enenmbrart~~t ~ ~
~ Yo F'a1' x;~ne lath chsrgti of of rht ~verdUt p~ym~errt (bit ~ no ~t ~sber ~,e maxi- as rt4ltcted pan any ~~h~du t, a,~ree that tla;s Nl~r A~reemtnt ~ A tray ri~mlL
mum ~rranr~t al3owed b a Ii►~►h1t law}, Yaa ~Iaa a~~rr~ ~~4 ~ i • e as czgr~#p {~~d x ~.~r, il'~► 5cl~sdu#c i~ d~~tned t~ lie fu~t~ndcd for s~ura#}►, ~►~n~t kt~b~ grmt ba u~
in gxban 14 b~l~,►, ~ T~ Al+l' I3riT~~~~?ti~IdAL~, 2 i'~2~+-~A~1~F,LA~~E n purch~ mercy ~~~~ty inter~,t;~, tlt~ ~~dv~ ~d t3~re aFpl;cob~l+a S~he~)G
]Id1~1'C~1~.1I1►i TEI~ I+~'.ATE I~ E~, (in~~din replaeerrierri5, ;~k~atudorys, additiana, att4►c~ntz Intl r~oexcdg~ ~ A~GP:~]Ei1~N'~ ~ ULE rt~',~ 1~A,~'~R
AGR~'r~ll►IF'.'~T'#`, x,11 ~aymeritS to v i arc ~`nGt~ ~nr# art rot ae+~r~ e p ent Qf the arrimt~n~ under each ~chodul~, Y~,r an arise ~
subject to set off qr r~dnctit~tt. ~iie. ~ t ~f his I~asn;r ~►gr~~tnt an,~lor ~rry snc~du#c ~a a 6n~n~;r~$ statement pmdt,~I.~tttion: Use an~d.~a$irt* Y~ wi11 kttp ~md
nsa the ~r ; ~d,~tc orrl at the and a ea rampt#p e~~~ and dt]iver to ua ~~emg r,~~n'~ents ea+ver
i arm shown m ate a b1~ ~chedtile~ tau will Trot r tkt ~roduct frarn ing the k~~e thie w~c ma~ reasor~~biy ~rcquitt{ ~ravl'drd, h+n~►e~er, th~x yt~ h~~ vet . pPlr~
~ ~ authorr~e ~ d1e an~r sucfi financrr~g ~~mtrit rov,t~,ont your anth~ent:~td~+ th the tie fac~ta~btt specified in the app#~c,~b#e ~chedt~le car male Grp r I~rabu~ aclditio~ns
gar
rep#a~ri,ttia ro the Pm~luct withonr,~rt ~ir;c~r ~ovrltrcn iCatfs~l~t, ~ ~~i~h ~t Wig trot extent pe~i~d a~ficalalc lawl be U*~~sM~~hahl~ vu;rhl:aldL At yatar 4~m roar grid
~r4et yon wil# 1.-tip. rht Pt~odute Ia, g~ft~~ of Yntan~lrlca. ~o the e~ttrrt rat r?rt product ir~h~d~# ~tf~re or oth+~r
t#igiblG ~r m~nufatntrcr'~ cerdficati4n ~ ~ rifp;itEttl~llt'~e ; i~~d ~ ~plisn~c W;r11 ~ntangihles~ ~e~+ rnr+3d Rrid tha[ ~ hwe no ri~lrt; tai iri~'t ~ rlx zppI1~►hlr.
lave aria iri ~4d ~conditiorr, X ~,rdmary v i:ar an~3 tu~rr', Xoti m~ ~anr ~r~cl r~crn a►i1# o~ ~~~g1~~'nt ehe perm of thrs .Maater,~,gXtt with
eicct m scga~t~ly trig as to provide rrraa~b~~anee and svf ~ i~ort services ~1r~ant amy #ic+Gras~ andJor trthtr a ement ►~rrt Littn4e'~ crtotrcd into Wpb to a separate ~agr~k~~'
~uclt Pu~~ ~'MaintGrr~rr+~ A,grtt i,~ent'~, All a#bCrRt~n~, 1ic~r of khe~Srrft~rt ("fore ~ul~p~lrr"}. YY~tii art r~paRSi>y1e for entering ~
~tl~l;~a~rs or ttp#anam~nt& ~#R bit p~wt o4'rht ~rodnet ~rr+d i~,r rto~trty ~at no cost ire I~te~cnsc ~tb ~t art ~upplrer nQ #at~f kh~~t cht Eiue'~atc. ar m u.~. ~c tray irraQe~t
khs ~t~lntr ~t anp rEae~anablr i 11, ~y~, nth ~ the fallau►ing is a "~efattlt" under this ]11Caster event aid all
. ~ a~ldi4~n co the p~~y mm~cn6 nnd~~r ~A ~ to 5cl~cdnlcs; (a~} ~ fs;l ro p~ any Psynoent Qr a atHef F~yment an'thin 3B d~ Qf i~
~tttnt n arc not e}~ trtid~' ~~li~abla lacy yQU age t~ : I~p' al>pplie~blc ts~ca, due astir, ~~"p Rpnmtie►~n ~nr warrantpmadc (~~a~ ~ the Ma.~ter~rn~t ~s a ~ fiIin cats rel~ta#
to dtt use of ~ Product, e«n ii b;lkd afi~t' are end of False or incorrect atrdlQr ytMu tl~ rat Ftrfarrn anp of pour a~cr ~,ll~ ass under ~a~
he~it~rm of the M~cr Agtu~~nt ~~,~n~:~thedults. ff ~ arc i ~~d ~ filt~and pay ,Mr A~~r~emeat or 5~1~~dble and/at in a otficr agreerxrc~t ~ Qr vr,th m1 F,mFert~r ~ pau agree
ko r~m}nirte n~.1f y~ are required t ~ 61~ at~d tt5t Inxes of cur a~iIiates and this ihare ~ntinue~ ~r 14' days ~aPocr wt #~s~ ~vtifatd you of it,
ci;rrctiy to t'ha ~x C41#cct4r, ave ~v;ll n~t;~~rou. ~ y~ hetorne insol~nr~ ~X d~,~.nlv+e er titrt dissolved, Qr yatt aseag~ y~a~ts ~t tt~nsfer ro , withQUt re~corarts,
~t the cettr ~ of each ~~chGdu#~, 9ny f~yr the l~efiefit of }~R +credita+~, 4r yut hl~ ter 1t~n►e filbd againaty~ou f~ ray
a~;~n warraafitt trade ~y the ~rnd~ar ar ~of~re ~~ti~~iicr (as i lefintd irr ~G~don 1 t~ ~►f ar reo~ari~r.~acion l~ro~cd~r►g, r~r~~ ~ y~,,r, L ~ ~~~L; '~1 . ~
x.,1..1 1 17 la . ' {'F„ ~"1.~~~1t ~~w~ ~~►a m~a r~n nn~ nr rrynEr r1~~ SHE ~Il~~i~rp~; ~9~ P~ ~rk~'V ~ A err~en E~ KV7Llr rL'~CI:C ~1G A a<i~~~f~l' 1~11f~`+CL~ ~~IL~IL
~ ~ULid aTL~'~iifll~ Fr. ~L~~i~i~ ll{ '1~ t+~~ .a, nti u~-J v v~•v v• - rv r 1-f ~
~~~t WLFD►~GE'1?iA~` ~E Lt+~ ~1'~T MAh'A+;~''~1`~ t~~ T~~~~vT ~nc~l or tc~rRnin~atr, dtfs ]Vt~utcr Agr'~e~'r~t ~n~t1Qt ~,t a115ehedn~e~r, 4r tat THE FRfl~~1~, X~U ATt~~~ETl~I~►?
~ ~t;~ ~+T~'I'' R~'PIE7+~' all other a s~e~n+~ that ~ h~vc tnetred into with ~►od; I~} ~e wire pan to
THE MAIV`~F`~1~TE~, THAT 1~311'~E ~EI~# ~ '1'~ P1~~Il- +~t~+~~a~ ~y to aa, ~ ~m~en~~t~c>, ~4t loss of or3r R1~Tg~;n a>a{1 nrwt ~ a penalt~, ~A5F.rI) ~N Y~VIt AWN
Alm! Xt I U ,A►F,FIR- a au+n ~a ~ all Bast du~c syrrrer~~ and all other ama~mts den dog ~~rd Fable
M11,'l'~]'~LY diS~.AIM ~tEZ.1/~'~~~ ~I~T A~~tY HR,A~t RF~EFr~~?'~'3'AT[~N under th;a Mater A~tmetat of any ~h~lril~; and (ii} all unpaid ~'nts fart' tht U~~RNIl~1'~G THE P1~+~~U~'~
1►►~~ XQLT. How i~~r, iEp+oQ +nto a remainder Qf the t~-+`m of each ~chadule Flue +aar Rndred vsatue df the P'radruck ~t
Mainter}~n~ ~►gretrntt,t ardy ns with re~9(~~_C1et any Fr,~,d~~t,, ~~~d grogi8iort, elmrae or t~►c era ~f rho m;hal ~r~ of any ~eheduk (nr anp r~ne~l ~f ~t~h ~ch~lu#~, ~r~h par~grAph
of tha Mater AgrficrrienE aIr~IS ~lt~~F ~'G4lTICt~ dlii'Lff i ~1r +~r wai►~c ~ righ~, ur~p~id ~'~y~r~nla and snticl;~ecd i►a~u~ t4 ~ ~~~4nnted to runt ~#n~a ~t a
rerr3tdits ar b~cnc~r~ that y~ ms~► base a~a;riot ns nrtder such , ~~~~~re emt~ritL equal to d~6 gtr yeax o~ t#~e d+G~~ fif default. l~rz agtrt t~ a ~ d~c rat p~neeect~ (a~
WE E ~A~, F~RES~ I,IC~, ~ 14 T+D ANY MATTER ~d below in this ~~~,;an} of al~'~ rl;sFasitian of the Frooet for ~ mounts r~trat
''l`~+~L'~.~, ~'+T~T,aI,]1~iAT~, BUT NAT' t~~'~'E~ ' T(~, T'HE IMP'~r pQn e.*} we rr~p ,r~tiit~ ~,~y m dt1~r th a Product to as ~ ~cx frrrt}r itr ~lrAitRlil"J'~'
J'~E~~,A]y'CABILITY Ff7'~ , i'~R A PARTl+~Ui,~R tip t~ (d} ~ ar oar ~ ~sen~t~ m~ r~ll~r repossess ale P[Odn~ ivitl~rok
3yURp4~'E.1~ T~ U~,'~~1.T ~~~T~1T'THE P1;kQpUG"~~ ~ ~h.S-TS", Y~LF AGREE ootrrt t►ttler and you X11 not n~k+~ anp ~1 ;ntc tgairtgt us far ~dzmag~s or t''►~ 'SAT, ~~T~U`~1'piS~TAh`~II~''~
A~i('~~C ~•iE f ;~~~I'1'K, W~ ar eny ~thcr ttaa+~r; we ~ exsrQsc arp or,d all athbr ~~li~ o* r~nedie# ~;ir
~T~'~' RF.~P~DI'~L'E i+f~l~, A~'~ Xt~U ~irILL NAT Ir~►i~E AN~f ~LA3'N[ aGle to a #~rlat, ~aervrfid party or #sssar ~rler rht Ll'fi;t~tm ~'L~amrrreroiai k J~~A,IN'ST U~ FOB,
J1N"Y` ~+~1V~E+~L~#►1'#'~►I5 5PEG7AL, ~ ; ~R Il~~' ~~r ("r~, ~pciudin~ w{tnoue lirrtiti Jl~r-tic#+~ ~A Qf T,T~~:, and ,at l~r or in ~o►ty;
(f} im~~;arelg ter~i,~arc yanr ri~#~t to uac the $4ftw~~;nE1i~d;n~ the tlisah#ing (+an,
RRl~X~Ir~•~rlF~ you 8t'~ respon~;bl~ #~ar ~ the destr®cEie i t of, 4~' darnag~ ta, tl,e sib syr l~v tt!'tbdte rL~ora~nac~ti~} o~ a~ rlernnnd the i~nme~i~tit t~~irn i Anr~
QI~tA;n ~sion of the ~oft~are ~tir1 rnlicerist rr Safrarnre at a public oc priaace Prarlue< (c~allact~~1~ T.~,~,~"') fmm ant t~n~e zt X11, +~>ytrater ~ i • rat ~n~ar~d? frr~m tht
~ . ~ , „ ~ _ .
~~~'13f ~Q~9 15:16 '~~~~498~66 PACE ~5~1~
ath~r ~ unsis}t the ~4ftwar~ ~,;c~st~e~ md!`ar at rnR~ ~ptiott~ ~a sell, re~1Ga~, l1ZVY ALL EYE AF+lI~ '~F,1u[El~~'~ +~1~~FE,11~ 'l.i'R't"~~T A athtnvisc di~a~~
~f ~t pradu~ct nndor s~ttlt rcr►,~ artd conditi4n~`~ ttrta~y,bsF occcptabl~ 'EIRE ~R L~~E ,~R'TIl1C,E ~E Z,1'~+~ 1Z•~A~ YOU SAX
ro t1~ in our drs~rotia~. You ~ to FFay ~1a of atrr , a#' cnfa~'n~ I ~,tr ri~het agamst HAS ~1~1[' TJS (~~I' A~AI~'~''f ~'~IE A9A1V~~A~E'~ y~u~ irtciuding ~a~anAl}it
~ttrorneys' fed, cud a1i c~tS rel,ateil tv ~t r~l~ ~r di:clttan ~~QR ~E '
of ri►e F%d~ct inclndih~, w#rhsaut lid ;n~~lent~tl damages n~ i:tl in the ,~posscs- 19. ~~i~~ Facsimils~, ~rh Stltedule may bs; cxs~trd it, ~wYt~p~rrs. Titc L,~ ft cErr
lease ar atha r ~1;, ;~or~ of r2ta caant~>~rr tnlytc'h has our oriel :Ci~tvrc artd~~r ~ ~ ~ttr Mott ~tltall ~nsti- r~ep►air, g,~ir,+a►~ Ait~ ad~ert~cr~~t ~r ~
l~t~dttcL if we tak~c pu~~,~;sm of ths~ E~rradaat (Qr setlr,S~a~rc, if al i pl~'~hte~, wt arcs; ~ cute shatt~a p~,p~r as that ar[n i~ rlt6ntd in sha ~nihrrm ~~>~~Al a
m sal or adtct~ns+c dt~ ~f ie widt ar without mc►z,~t, ac a blit ~ur gr~t>~ t141- sad slt~all ~gntt;e~tGe chc ttri~in~l ~~`eet~,~nt far all pntpo~~, m~lttidm~' ~v,c}t~i fiimi-
~on, and #a app's the net }~t+hcceds tam ~ ha4e dr~dtt~cd all coe1~ ~ m~ln~in~ r~sar~- mean, fib h~a~r+~ vial ax gtlitt~ av~rh r~p~act to su~clt S~ ~nIS ~t,d (i~ able acr~rncys'
~fr~~ #a the arttoun~ [hat you awe ut. you agree ~a I if notice of ~tlt is tiny ds~~mAti~ ~ tea ~ahi~eh +p~it~tr s~f #uc~h Ss~fit'dnlss ctmatit~t~ tht s~~lsy erne
rr~uircd bylaw ra he ~n ~ days' 1MS~ti~ ~ha1l rnrt~t;tyltc rcaa4na ;~1~ no#~ Y~ will ori~+nal items of tlta~! paper under the Uui~errn ~umrtts~ial ~;ade, if y~tt ~i~rt t•ernain
r~;bl~ ~ ~efts3Ertcy tha~a~ due Afttt+we ltsrrt applit i'1 Aay ~~h ntX pro- ,an tansnwrt ~ ~cltedult co us by fao~i4 the fa,csimilc apam ~~vn by
~xcds, shall bs; bindafig ng~ rlte p~ti~ Ysra a , that tits fncsirrtils; QF a ~;hcdnl~ mrrii~- ' RI~H7' ~ i~5~7 ~ F,t~Ti►rl'$ ally si~rtcd ~ ~lyeri
artxhcd to #h~ ~rettzlt t~a~ slgrtcd by you, sla~ll con~~mm Y'~~' ~3~VE 'Y' DELI,, ~ ~ ~ on ma! f r ~r ail p~urp~s, tn~:lttdm~ t~xh~t ttmit~tian} t5asc sau't1c+~a+d
SALT L~~'I' [~R l1.SSi+~~1 P11~~~3~[' ~E ~l`~lt~ IWiI~~ ~ ~ ~REF~t~' t~l~ 9hna~ ~ this ctiQO. ~ e ~ d~liucr to ~ ttp~ o~t~ regn~t the aauitterpsrt of A]'~(~~ULL ~171~l4'
~L~, FRi~R VfTRI~'f ` Is~~r !,F.,1~TT pith can- ~,ah ~}iedule containing yet Qrigin~l trtanurtl sigrtaturs:,
sent sha11 dot ~ >•ynres~rial5ly u►ir~held~, halt agree rhos a►c may soli (Er i~1 ~np of nut in~rest$ wath+~nt nab yott. In that wili has i~ soGh xigh~ a~ ~ 1~. ~r;rr~
tl,e arm saf this 1Vfas~r Aa,tttt stn~i amlr ~ch+~dales, the
a~~i~n to than bait nano, of attrt s~ltii~dotts lac wi11 Ait~' :mch ~ i hligatians~ and th+~ ~?~,tct(s} ~aiil bG used ~le~ 1~ the purp~ast oaf pc~rrnitt~ sifts or tstor'e
gt~vy r,ghts ~ the assi cc will nax b~ ~bletr ro ~ clatrrt~„ s~ittn osr s~ , r-~l~'s rh~at y~au may s~~l r~r pru~prictsuy ~nct5nt~t cart~isrctat with rho p~rm~;blt t~t~~e of y~tr
lr~ a inst tts, y~ lasrv~ 4'nt~re~l iittD ~ ntambcrtau~, SCR ort~ttl ~i a~rCCm~cntwizh ~oth+o~xy: Yntt re~restnt and ~rr~t~t tlmt rlta ass of the ~~cla~~~ i~ ~ria~l ra ,
ttii, sttclt agcccmcnt wit] r~~~~ ;r~ ill fOrr~c and eFi~at,~th u~ Artd mill not he al~tcd PG'm~ ~t,rlt ~avcr~tmcn~l ~r prnp'rtear~ fonctit►ns.
h}+ atYy au~lt ~i ment. You tst atkrtoavl~+dgc .~teh ~.s~i~ ~ intent to wsi#~g ~f 1g. T - ' t~f,~,'tu,-Stthatitttti~an. my 1'f x,11 of the Fono~ s1t,rIl trc~.wtr,
(iy yarar sa reslucsb~d ~n~t~ peep a tsytupiaer artd aka re~rd o#' ail st~,li assigtunGrt~ ~ A ~ov+erniag ' ht;tt to apprap~riate ~n#f,~e~tt r~t„t;t~ ;tt any 1 ycstr far rontala
manner that ~vi~liex aritlt Section 14~(~t~ of the intrt,yal Rcaertne ~ ;~de! and tbG rsgnl~• 4r other p~y~~~ due ttrtder stay ~chsrdnlG b~ the Mater Agrtceeertr For asr9 oqu~
darts pra~malg~ted th~r~►mder~ rrtent wh~h ahil porn sarvis:es and fang afhitlt in wltQic ar in are cssen4
l4. eel: ~etttrn syf l~radu~ct, ,Aftrr tht ntinitmtm barn taf airy ~ch~ ~•ktk ro cltis Mercer e~hy due o ~ttd farts=bans pccfarm~d b~ tb~ ~~~e(3~ by smF
A~c>r,~tri ~vch ~chcduie will nn ~ rrts~,th-roa-rn~anth bt>sis an1~,~ e9thtt'pn~ ~;ntlt ~chcs9ulc, (iF~ r~th~r fnidt are hoe available fir ash psiym~n>~ a>td (iiay the ttsm-
n~tiftt~ th,~ ocher in writing at lit ~ ~ d~ ~prlor ro the carpit^ati4►r h1' ~G ~~i~~ appt~pt~atistn of Fitnd~ dad rln~ ~nlt from tuYp act tar failure b~ act vn~
of ~tiah ~htdttlt. Ac rh~e Ea$ of ar upau ker~i~~+~+'~f eat S~cltcd it1c, yaa will imp- a rr~t,Altprop+riatisan~` sha11 b~ d~metl to lmve oct~rresl. (b) If s~ 4~-A~pp+`ap~t~;t-
diarely roam the :suly~e,:e m Bach cxpir~d ~ela~dul~ ro >ra (;~r aar ds*sigrtce~, to eon aactarzx, th~tr; (i) y~tu must ~ivc as immcdi~~ r~~d~ ~f tu~clt 1'~on-Appropriatia+n
the lacatiart dc~i ated iu ~s goor9 csandtcion As w'h+~r~ y+au ~ ;mod ie, for ~mnd provide vin note ~ stilt failure by ya~ar gav~~~ at lea. ~ d ordinary Wear
~sn~d scar, ~ ~It heAr t>~a sllwgpmggcharg~ a4 long ~ la~tt~,t ~utp- for ra tke e~td Qf ~t~ tttt~e ~S~ year gar if ~IornA rag~~~~►n h~ u~t
trt~nt is selected ~m SUN, Q~thtt~a►;.te, you u►i11 bear all carpcn~ ~ i F~eit'~~mll;ttgy smtN osxurre$ each date, cd:~trly ups~n Stan-A,ppro~priatiart,~~~ no lair rho
tht in and shi xn the p'rod+t~, Ytrct ~)i ;ttsnre ~e 1''ra~3act ~ fu~ I l~c~mErtr vahtc ls~te da'y a~E dtc ~1 yc~r four tvhrtY, ~r~dans art m:dc far d~~ roots! ~ I~ ~ '•`p
trtttlt,r Sclts+dute ba this i~a~r A tnc'nt the "itetnm date shell ndtarn
sitrttiri~ slti tag. You must pa;► ad~d~~a~,AI rnonei~ P~, at tk i~ itAm~ ~ that ~ yye~aa , ;n ct~etc under a ~chGd,~l~, until the l~rvdtttt is rctnrrtccl byyaa
anc ;~c;t~t1 ~ ~ ut all, httt aor lt~s #h~ 9~, of ttat ~,~ad~at~~ c~vr~ed ~y sus:it ~chedulc tQ tb~s
r r desi et or as~ ~AStCr A rricrtt, at svl~ d~ey ny asx~rtlance with tlt~e D~rltt! hcreol; ~~d ~~itnott and ~►arktng~ a~~ by ~ $n l _ Mott a
e that tltc'tzrrr~ and can~l;ti tt~n6t;ritd it ~ rit'ts ~asber A of ~dutt m~ this lNEastcr gt~mer,t s>~~Il etrs~tirtdee rnt th~a 1~,otam l~ntc ~ w~zha~iG stal or tense
to u ~t,d Sh~I1 tt~c 1~ ~ahl4 red m 3 chC rcnmis
rn+~t end ;n ~AC]t Sstsluic make ap the ~ntwrG agnT~rr,~t,t be~;~ its regardvtg the ~ ~1 • P ~ rcn~,I of tht 1'tnd~ and #ugcrudc all prior ~ritt,~ ar n'col ~in~ ~~untcaetaas,
undcti beysa~d ~',~h f~tl qtr, pmY1~l~ that z ~h911 gay ar~r Ansl till t~rrteals and acft~r p~Gn#~ titre ~ r~coit~h chc end of the its day` of the ft~l Ar fir which a~a-
~tandutg~ QF a~reemenrs l~tvreen nc~ panc~s relating t4 thr= amble , t mater ~ntafrtcd ri~eana ire made ~htl (B~ pau sha11 gay rncmth-ta-manr~rent at: the tote set ltcrctn,
~~c1lUdnr+g at,thcmt ltmitittion~ p+archasc sard~ers, p~tt~,} i~,~e ~rdtr ear other ,
' arch in a~~h S~h~thtlt for s:as:lt month or rt th~af th~r ifA~l ~ re~~ ardarin~g da~~~n~, w,ll nor tttotIify or ~'cct this 1V1'askor Ag~G~n~ i~x ur At'i~ Schedti}e~ ~
pa ~ 1, ~ rite p'rstduct~s~ ~ a~~aint~d het~irt. (c~ Upon arty such iVan~Apgr4 `otiort, agora oar eor have any ath~er 1oga1 ~ff~~t end s all setae rattly the p~urpasc
of ad i~nh'~n +~1a~ ~t17p~ ,
re ttc ~vil1 ado, i<t fur to u art ioiact of in c endent nscl rnenc ordered, You audaon~ „s to ~pl*l~' ~riy missing aanfi~tr i to a a~n~~r ~ Y'~II
F P~"~ ~ ~ p ("I:.'T'i~"~y atltcr tslaipmentident~ficatian~ l~rs (incltrdin , svttltc i~t limit, sans! r*uaaa- ( tits ] be rs:~attaltty accegrablc ~ ~ afi
r~~ah~ acceptable ~ us, can-
4~rrnm the ~'ow►-Appragriatian aa~d g~dmg r~ar~nahl~+ su#dcrnt fttc}of of ~vcfi htrs~, a~recancrtrls~chcdule idGntificatiort ~aa~ab~ end/or amt in ;ltis lUfastcr 4
r;ati~rt. matt or arty ~cltc~dulc. tau acl~aasawl~dgrr rh9b hat+t ttoc heett is .~luccd to cn~zr ~nta '
t1,;:~ ]UiQsr~r Agrecmrnt 1}y any re r~cscrtt~i~ara ar wA~"htl~tp' rtir exert ; ~iy set i~rch is rltis ~ti. Ysn~ r~Fr~ent std a~rrartt ba us chat ~ prescntlp intziad
brt oan- ,~+1'A:~te,` A~rtes>YerttL ~"eicher ehis~as~bcr ~grccmertt nor at,y $thed irle;s binding or► us tittue this ~1+laster ~►grccrtaent ~d s<~ 5chr~tuit"s ly,~ret~a far tlte• entire
tx~tt oaf su~cit
nnr;l we it Arty cltartgc in any of the berths aaad ~dat+a~ afth; ~ Maxaer +eett7tei5i St}t~dul+es attd t4 pap ill rrlattn~ m ~ttclt Scltednl~s anr~ to do 311 rhino
taW- ~r ar'~ Schtdale muse ltc in writing arad aa~Gd by n~~ TF the dela~+,o ~i1 on enf ~~.mmyy FnA~► r~rhin pour paver r4 ab~iu and tn~iuc~itt ~~t Ott ~rl'iitlt the rcrtcals artd
aI1
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,F~~ ter ~a~~ ~e~a~~ i*}tis ~;,~tcr ~.gret:mcnt as s3f tit; ~stt~ ~~t firth ~►~l~w,
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Date; ~ ~ '~ate~ ,
~ac~imilt 1~ui~b~>~ ~'F'~ ~ F~~itnilsi lr3U~tlnr~~-
ORDINANCE NO.
AN ORDINANCE AWARDING A 36-MONTH CONTRACT FOR THE LEASE OF
PRODUCTION PRINTING EQUIPMENT FOR THE REPROGRAPHICS DIVISION AS
APPROVED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION
THROUGH A TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) CATALOGUE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 4307-LEASE OF PRODUCTION PRINTING EQUIPMENT TO IKON
OFFICE SOLUTIONS, INC. IN THE ANNUAL AMOUNT OF $90,264 FOR A 36-MONTH
TOTAL AMOUNT OF $270,792).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf of
the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the Building and Procurement programs at less cost than the City would expend if bidding these
items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4307 IKON Office Solutions, Inc. $90,264/year
SECTION 2. By the acceptance and approval of the above numbered items set forth in File
4307, the City accepts the offer of the persons submitting the bids to the Building and Procurement
Commission for such items and agrees to purchase the materials, equipment, supplies or services in
accordance with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the Building and Procurement
Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained in
the Proposal submitted to the Building and Procurement Commission, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,4,0 V1-
BY:
4-ORD-File 4307
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a professional services agreement for design and engineering services relating to the
Eagle Drive Drainage System for the City of Denton Engineering Department: providing for the
expenditure of funds therefor; and providing an effective date (File 4309-awarded to Teague Nall
and Perkins in an amount not-to-exceed $304,800). The Public Utilities Board recommends
approval (5-0).
FILE INFORMATION
The Eagle Drive Drainage System project consists of the design and eventual construction of
drainage improvements in a tributary of Tributary PEC-4 between Wainwright Street and Eagle
Drive (Exhibit 1) in order to more effectively convey storm water from Eagle Drive at Myrtle
Street north and east to the recently improved channel at Wainwright Street south of Highland
Avenue. The overall goal of the project is to contain the flows from a 100-year storm event
within the modified channel (culvert system). The existing open channels do not have sufficient
capacity and are in varying stages of deterioration. A more detailed description of the design
process is included in the attached Public Utilities Board agenda information sheet (Exhibit 2).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 27, 2009 meeting.
RECOMMENDATION
Award a Professional Services Agreement to Teague Nall and Perkins in the not to exceed
amount of $304,800.
PRINCIPAL PLACE OF BUSINESS
Teague Nall and Perkins
Denton, TX
Agenda Information Sheet
May 5, 2009
Page 2
ESTIMATED SCHEDULE OF PROJECT
Design and construction of the Eagle Drive Drainage Project is estimated to be completed in 12
months.
FISCAL INFORMATION
This design project will be funded from account 350016432.1360.21100. Requisition 93142 has
been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Location Map
Exhibit 2: Public Utilities Board Agenda Information Sheet
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4309
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Exhibit 2
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: April 27, 2009
DEPARTMENT: Utility Administration
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a professional services agreement for design and engineering services
relating to the Eagle Drive Drainage System for the City of Denton Engineering Department:
providing for the expenditure of funds therefor; and providing an effective date (File 4309-
awarded to Teague Nall and Perkins in an amount not-to-exceed $304,800).
BACKGROUND
The Eagle Drive Drainage System project consists of the design and eventual construction of
drainage improvements in a tributary of Tributary PEC-4 between Wainwright Street and Eagle
Drive (refer to Exhibit 1) in order to more effectively convey storm water from Eagle Drive at
Myrtle Street north and east to the recently improved channel at Wainwright Street south of
Highland Avenue. The overall goal of the project is to contain the flows from a 100-year storm
event within the modified channel (culvert system). The existing open channels do not have
sufficient capacity and are in varying stages of deterioration.
A preliminary design for the project was completed in March 2008 with the recommended
alignment of the new culvert system as represented on Exhibit 1. The alignment shown consists
of the replacement of the existing open channel system with cast-in-lace box culverts ranging in
size from 22-feet by 8-feet on the downstream end at Wainwright Street up to 21-feet by 4-feet
on the upstream end at Eagle Drive. The existing channels are to be filled and abandoned in
place except where they are utilized for the placement of a small storm drain system to handle
"local flows" that are routed to the channel, in which case piping to accommodate the flows
would be placed in the existing channels and backfilled.
The proposed engineering fee of $304,800.00 for the professional services on this project
includes amounts for a more detailed preliminary investigation (records research and meetings
with staff), subsurface utility engineering (SUE), survey, easement preparation, geotechnical
investigation, detailed design phase, bid phase assistance and limited construction services
support. Fee components calculated in support of this fee included $224,900.00 for basic
services, $77,400.00 for special services (survey, geotechnical, SUE, easements and permits) and
$2,500.00 for expenses.
The consultant projects a preliminary opinion of probable construction cost for the project at
approximately $3.0 million dollars. Basic services represent approximately 7.50% of the
projected construction cost. The total contract amount represents approximately 10.28% of the
projected construction cost. Staff referenced two sources for comparison of fees based on a
percentage of construction: The American Society of Civil Engineers (ASCE) Manual No. 45
AIS - PUB Agenda Item #2
April 27, 2009
Page 2 of 2
and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From
ASCE Manual No. 45, the design fee is projected at approximately 7.5% of the preliminary
opinion of probable construction cost. From CEC-T curve of median compensation "B", the
design fee is projected at approximately 5.5% of the preliminary opinion of probable
construction cost (although this curve is referenced and utilized for comparison purposes, it dates
back to 1982 and is generally considered to be out of date). Staff also looked at the hourly
breakdown for each task to evaluate the effort and costs per line item and at possible number of
plan sheets for the project (about 49) at a possible cost per sheet of $3,500.00 to $4,000.00
(based on experience with the effort involved for a consultant to produce design drawings),
resulting in a cost of $171,500.00 to $196,000.00 for basic design services.
OPTIONS
1. Approve the Professional Services Agreement.
2. Reject the Professional Services Agreement.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Teague Nall and Perkins in the amount of $304,800.00 for Engineering Services for the
Eagle Drive Drainage System project. The various analyses conducted to evaluate the fee
demonstrated that the amount of the contract is consistent with the level of effort required for a
project of this nature.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None.
FISCAL INFORMATION
A total of $594,934.00 remains in Project No. 350016432 to cover the design of this project.
BID INFORMATION
Not applicable.
DATE SCHEDULED FOR COUNCIL APPROVAL
May 4, 2009.
EXHIBITS
1. Location Map
2. Professional Services Agreement
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND
ENGINEERING SERVICES RELATING TO THE EAGLE DRIVE DRAINAGE SYSTEM FOR
THE CITY OF DENTON ENGINEERING DEPARTMENT: PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4309-AWARDED TO TEAGUE NALL AND PERKINS IN AN AMOUNT NOT-TO-EXCEED
$304,800).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to enter into a professional service
contract with Teague Nall and Perkins, to provide professional engineering and related services for
the design of the Eagle Drive Drainage System project, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD-File 4309
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
, 2009, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton , Texas 76201 hereinafter called
"Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the Genera[
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering Services for Surveying and Engineering for Improvements
to Eagle Drive Drainage (trio of Trih PEC-4
(includes Attachments A, B, C and D)
Page 1
CAProposalslEagle DrainageTagle Constr PSAIEagleDrain Design 'INP Agreement doc
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 224,900
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shall be $77,400
2.2.2 Progress payments for Special Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the
fee/rate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REI3VIBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $2,500 without the prior written approval of the Owner.
2.5 TOTAL CONTRACT AMOUNT $304,800
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
Page 2
CAProposalsTagle DrainageTagle Constr PSAIEagleDrain Design TNP Agreementdoc
1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachments A through D
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANIT B _ GEES, CI Y' RNEY
BY:
Teague Nall and Perkins, errkInc.
BY: G1 '
Gary/. Vickery, P.E
Pri cipal
WITNESS:
BY:
Page 3
CAProposals\Eagle DrainageTagle Constr PSATagleDrain Design TNP AgreemenLdoc
CITY Or DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement")
and proposal (the "Proposal") to which these General Conditions are attached) performed by die Architect or Engineer
(hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 orthese General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professionul will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and shill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care").
The Services shall be performed as expeditiously as is consistent with die Degree of Care necessary for the orderly progress of
the Project Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the
performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time
required for the Owncr's review and for approval ofsubmissions by authorities having jurisdiction over the Project Time limits
established by this schedule and approved by the Owner shall not except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to bath parties.
ARTICLE 2 SCOPE Or BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2
through 2.6 of these General Conditions and include without limitation normnl structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. 71re Basic Services may be modified by the Agreement
2.2 SCHEMATIC DESIGN PHASE (NIA}
2 .2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and
construction budget requirements, each in terms of the other, subject to fire limitations set forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall
prepare, for approval by the Owner Schematic Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based oil current
area, volume or other unit costs and which indicates the cast of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period ortime from the commencement to the completion of construction.
23 DESIGN DEVELOPMENT PHASE (NIA)
2.3.1 Bused on the approved Schematic Design Documents and any ndjustments authorized by the Owner in the program, sche-
dule or construction budget; the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of fire documents, Design
Professional warrants that die Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 22.5.
2.4 CONSTRUCTION DOCUMENTS PHASE (See attachments for detailed scope infarmatiou)
2,4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement forms, dre Conditions of the contract; and the form of Agreement between the Owner and contractor.
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2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cast
indicated by changes in requirements or general market conditions,
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required
for the approval of governmental authorities Laving jurisdiction over the Pmjcct
2.5 CONSTRUCTION CONTRACT PROCUREMENT (See attachments for detailed scope information)
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Constnuction Cost, shall assist the Owner in procuring a construction contract for the Project through any
procurement methad that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole
discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Pmject submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that flue total construction cost of the Project will not exceed the total
construction cost set faith in the approved Detailed Statement ofProbable Construction Costs.
2,6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (See attachments for
detuiled scope information)
2.6.1 The Design Professional's responsibility to provide Basic Services for fire Construction Phase under this Agreement
commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate
for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AlA document A201, General Conditions of the Con-
tract for Construction, current as of die date of the Agreemcnt, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement.
2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with die Owner (1) during construction,
and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con-
struction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modified by written instrument
2.65 The Design Professional shall inspect the construction site at ]east two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating flint the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide Owner a written report subsequent to each on-site visit On the basis of an-site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Cara
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in lire work of Contractor or any
subcontractors. 71re Design Professional represents that he will follow Degree of Care in performing all Services under the
Agreement The Design Professional shall promptly correct any defective designs or specifications famished by the Design
Professional at no cost to fire Owner. The Owners approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of die Project itself shall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safely precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractor's schedules or failure to cony out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to die work wherever it is in preparation or progress.
2.6,8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for
Payment, the Design Professional shall review and certify the amounts due die Contractor,
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2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design
Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for
Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascertained how or far what purpose the Contractor has used money
previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in
accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, instnlled or completed.
However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing portions of the work
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions
for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility ofthe
Contractor to the extent required by the Contract Documents, The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design ProFessional, of construction means, methods,
techniques, sequences or procedures. The Design Professional's approval or a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification orperformance characteristics of materials, systems
or equipment is required by the Contract Documents, the Design Professional shalt be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 333, for the
Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of
the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial
Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Cumpletion.
The Design Professional will receive and review written guarantees and related documents required by the Contract for
Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations an matters concerning performance of the Owner
and Contractor under the requirements of the Contract Documents an written request of either the Owner or Contractor. The
Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed
upon.
2.6.16 Interpretations and decisions of the Design Professional shall he consistent with the intent or and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial
decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be
liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement
and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract
Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will
reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shall not be released Ilium any rights the Owner may have under the
Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on
information provided to the Design Professional by others.
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ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 32 and 3.4 shall only be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not
required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
32.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
311 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are;
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents, or
3. due to changes required as a result ofthe Owner's failure to render decision in a timely manner.
33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
complexity, or the Owner's schedule, except for services required under Subsection 2.52.
3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work.
335 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the work.
33.7 Providing services in connection with a public hearing arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services, The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
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3A.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites.
3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3AA Providing services relative to future facilities, systems and equipment
3,4,5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3A.6 Providing services to verify the accuracy ofdrawings or other information famished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination
ofservices required in connection with construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3A.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation
of fumiture, furnishings and related equipment
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment
and expiration of the Warranty period of the Contract far Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por-
tions ofthe Project provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to
the Design Pmfessiorud.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all
services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the
Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's
objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility,
expendability, special equipment, systems and site requirements, as more specifically described in Subsection 22.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to
fulfill the Owner's obligations under this Agreement
4.4 The Owner shaft designate a representative authorized to act on the Owner's behalf with respect to the Project The Owner
or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and
necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility
services and lines, both public and private, above and below grade, including inverts and depths. All the information on the
survey shall be referenced to a project benchmnrlc
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4.6 When: applicable, the Owner shall famish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the
Project and arc requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services
or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution
tests, tests of haZaMDUS materials, and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
4.9 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to verify the Conitactor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
49 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the
Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence
ofany negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to
execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the
Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time ofbidding and for changes in the work during construction.
5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the
costs ofthe land, rights-of-way, financing or other costs which are the responsibility ofthe Owner as provided in Article 4.
52 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations cf the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construrr
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials Or equipment, over the Contractoes methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
5.22 No fixed limit of Constriction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types o€construction are to be included in
the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
513 If the Procurement Phase has not commenced within 90 days alter the Design Professional submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the date ofsubmission of the Construction Documents to the Owner
and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
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6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement.
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that
project
62 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with
the Pmjcct is not to be construed as publication in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail
substantially to perform in accordance with the terms of the Agreement through no fault ofthe Design Professional. Owner may
terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design
Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it
satisfactorily performed prior to the receipt ofsuch notice. No amount shall be due for lost or anticipated profits, All plans, field
surveys, and other data related to the Project shall become property ofthe Owner upon termination ofthe Agreement and shall be
promptly delivered to the Owner in a reasonably organized farm Should Owner subsequently contract with a new Design
Professional for continuation ofservices on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for mare than 30 consecutive days, the Design Professional shall be compensated
for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's
compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design
Professional's services.
73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in
the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Design Professional or the Owner may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonperformance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of n statement for services
properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend
performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for
services properly and satisfactorily performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries ofthe Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 ]reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest ofthe Project, as identified in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval ofauthoritics having jurisdiction over the Project.
8.2.12 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6,19), postage
and handling of Drawings, Specifications and other documents,
8.2.13 Ifauthorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
811.4 Expense of renderings, models and mock-ups requested by the Owner.
81.15 Expense ofcomputer--aided design and drafting equipment time when used in connection with the Project
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
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83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, an the basis set forth in Section 2 of the Agreement and the schedule of wark.
831 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
833 When compensation is bused on a percentage of Construction Cost and any portions of the Project are deleted or otherwise
not constructed, compensation far those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based an (I) the lowest bane fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenses incurred.
8.5 PAYMENTS WTTMMELD No deductions shall be made from the Design Professional's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work other than those for which the Resign Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business
hours for three years after the date of the fmal Certificate of Payment, or until any litigation relnted to the Project is final,
whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents: or employees in the execution, operation, or performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing
herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by
anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 10 INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the state of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,1100 for each accident including occupational disease.
10.4 Professional Liability insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article 10 at the time of the execution of the Agreement- The General Liability and Automobile
Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain
a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be
canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the
Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute
certificates of insurance meeting the requirements of this Article 10.
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ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas, Venue of any suit or cause of action under the
Agreement shall lie exclusively in Denton County, Texas,
11,2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement The Design Professional shall not assign its interests in the Agreement without
the written consent of the Owner.
113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the following order.
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
IIA Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor ofa third party
against either the Owner or Design Professional.
11.5 Upon receipt of prior written approval or Owner, the Design Professional shall have the right to include representations of
the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and
professional materials. The Design Professional's materials shall not include the Ownces confidential or proprietary information
if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and
in the promotional materials for the Project
11.5 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design
Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of
their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for
any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and
consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or
mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on
the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed
effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hercinatler be amended
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis of race, color, religion, sex, na ional origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive
terms or conditions of the Agreement.
Page 12
CAProposalMagle DrainagelEagle Constr PSAIEagleDrain Design TNP Agreement.doc
ATTACHMENT'A'
ITEMIZED SCOPE OF SERVICES
EAGLE DRIVE DRAINAGE SYSTEM CONSTRUCTION DOCUMENTS
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
Based on the Preliminary Design prepared under separate contract, this project will
consist of surveying and engineering services necessary to prepare construction plans
and hid documents for the south tributary of Pecan Creek Tributary PEC-4 (commonly
called the Eagle Drive drainage system) of the improvements identified in the Preliminary
Design. The project limits are from the existing 20'x40' culvert at Wainwright upstream to
the existing double 1 O'x4' box along the south side of Eagle, just east of Carroll Blvd.
GENERAL
Basis for the, Scope of Services
The following assumptions were used by the ENGINEER for the preparation of this
scope of Basic Services:
1. This analysis will be based on the Preliminary Design previously
completed.
2. The Preliminary Design described three alternate routes for construction,
and recommended Option 3. The scope of this agreement is based on
preparation of construction plans for Option 3 generally as depicted in the
Preliminary Design Report.
3. No permit from the US Army Corps of Engineers under Section 404 of the
Clean Water Act will be required, based on previous meetings with the
Corps.
4. Right-of--Way acquisition is not included as a part of Special Services.
5. Construction plans will include drainage improvements as well as
necessary water and wastewater relocations. However, local drainage
systems will only be in the immediate proximity of the main box trunk line,
and may not be extended significantly upstream of the box trunk line.
6. TxDOT coordination and permits will be required for crossing Locust and
Elm streets. The Engineer will meet with the City and TxDOT, submit plans
through the City for TxDOT review, and coordinate as necessary to acquire
the permits.
7. No LOMR is anticipated.
Page 1 of 12
B. No traffic control plans will be prepared as part of the scope of this
agreement, other than to provide performance requirements that the
contractor must comply with in his preparation of a traffic control plan.
9. A specific tree survey is not a part of the scope of this agreement.
Significant trees that will impact construction will be shown, but mesquite
trees, for example, will not be surveyed or shown on the plans.
10. Construction staking is not included in the scope of work.
11. Materials testing during construction is not included in the scope of work.
Scope of Basic Services
The scope of this work is described as follows:
A. Design Meetings
1. The ENGINEER will conduct a project kickoff meeting with City staff to
clarify responsibilities, to specify phasing and other issues not yet
finalized, and to review the project schedule, which the ENGINEER will
provide at the meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton
staff during the development of the final design phase of the project.
B. Project Management, Administration and Coordination
1. The ENGINEER will establish a work program and schedule for each
subconsultant, as necessary, at the beginning of each phase of the
project. The ENGINEER will be responsible for the coordination,
supervision, review and incorporation of work performed by
subconsultants.
C. Data Collection
1- The ENGINEER will collect, compile, and evaluate existing data collected
from the City of Denton or other entities that provide existing information
related to the design of the project.
2. A location map/schematic plan will be provided to the affected utility
companies by the ENGINEER. These schematics will be used by the
utility companies to show approximate locations of their facilities that are
or may be affected by the project.
3. The ENGINEER will make every effort to obtain as-built, record, and/or
future plans for the following facilities in the project area including:
a. Culverts
b. Roadway
C. Water Lines
Page 2 of 12
d. Sanitary Sewer Lines
e. Storm Drain Lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas Lines
i. Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above
for later use in the field to help surveyors tie existing utility locations. The
locations of utilities tied from field surveys will be shown on the paving
and drainage plans, as appropriate.
5. The ENGINEER will provide copies of the Preliminary Plans already
prepared under separate contract to known utility companies early in the
project to make them aware of the proposed construction and to request
plan information.
6. The ENGINEER will use the Subsurface Utility Engineering report (see
Special Services) to attempt to identify and locate existing utilities within
the limits of the project. Based on the available information, the
ENGINEER will identify potential utility conflicts and will provide "plans
adequate" to utility companies for their use in identifying conflicts and
designing necessary relocations. The ENGINEER will provide the utility
companies with information identifying possible conflicts, and will design
the project to minimize those conflicts where that is feasible. The
ENGINEER will not design utility relocations other than City of Denton
water and wastewater facilities.
CONSTRUCTION PLANS AND SPECIFICATIONS
A. Storm Drainage Design
1. The ENGINEER will develop plans for the proposed drainage
improvements. These plan sheets will be at a V=20' scale and contain
topographic information, existing and proposed right-of=way lines, existing
underground utilities at locations of conflict, locations of driveways,
pavement edges, contours where necessary, limits of structures, limits of
retaining walls, if any, drainage structures including pipes, limits of
barriers and any other information necessary for construction. Profiles
will contain existing ground lines at the center of the proposed storm
drain, a hydraulic grade line, locations of utility crossings, limits of
structures and profile elevations at 50 foot intervals.
2. Drainage area maps will be included in the plans, based on the
Preliminary Design report previously prepared.
3. The ENGINEER will prepare cross-sections along the storm drain system
at selected locations to depict construction.
4. A project title sheet will be prepared as required and included in the
plans.
Page 3 of 12
5. Project Layout sheets will be prepared at a uniform scale which clearly
indicate the limits of the entire project and the main construction elements
of the project.
6. Typical sections will be prepared showing the necessary backfill and
embedment for the various storm drain systems.
7. Details will be developed as necessary, including paving, drainage,
culvert, water and wastewater, and miscellaneous details to describe the
various types of construction for which the CITY has no pertinent
standard details available.
8. An Erosion Control Plan will be prepared for the project, but a Stormwater
Pollution Prevention Plan (SWPPP) will not. Standard City of Denton and
NCTCOG details for erosion control will be used as appropriate.
9. A ROW Map will be included in the plans, based on the boundary survey.
The ROW Map will show property lines and both permanent and
temporary easements acquired for construction.
B. Water and Wastewater Relocation Plans
1. The ENGINEER will coordinate with City staff regarding water and
wastewater relocations necessary to clear the proposed drainage system.
Relocation plans will be limited to relocations necessary to clear the
proposed drainage improvements, and will not extend significantly
beyond the drainage system construction zone. The relocations shown
on the preliminary plans generally depict the limits of the relocations.
Design for significant rerouting of existing lines will be considered
Additional Services.
2. Plan and profile sheets will be prepared for the necessary water and
wastewater system relocations, along with necessary details.
C. Preliminary Quantities and Opinion of Probable Cost
1. Project quantities and an Opinion of Probable Construction Cost will be a
part of each submittal, as outlined below.
2. The ENGINEER's opinion of probable construction costs will be prepared
for the entire project using current unit cost data. These opinions of cost
will be provided on the basis of ENGINEER's experience and professional
judgment, but will not imply any warranty that final bids might not vary
from the cost opinions provided, since neither the ENGINEER nor the
CITY have any control over market conditions or bidding procedures.
D. Submittals
1. Preliminary Plans
Page 4 of 12
Preliminary plans will include essentially complete storm drain plan and
profile sheets, along with drainage area maps, preliminary utility
relocation plans, and preliminary bid documents. Up to four (4) sets of
preliminary plans will be submitted for CITY review, along with an
updated Opinion of Probable Construction Cost. Upon CITY approval of
preliminary plans, copies will be delivered to utility companies as plans
adequate for utility relocation design-
2. Final Plans
Final plans will include the complete plan set, along with bid documents
and specifications and a final updated Opinion of Probable Construction
Cost, for the proposed storm drain and utility construction. Up to four (4)
sets of final plans will be submitted for CITY review. Exhibits and
materials necessary for submittal to TxDOT for permits at Locust Street
and at Elm Street will be submitted with the final plans.
3. Final Bid Documents
Final documents will be based on CITY review comments of the initial
final plan submittal. Deliverables will include a full-size signed and sealed
plan set ready for bid distribution, along with a final Opinion of Probable
Construction Cost, and complete bid documents and specifications.
BIDDING & CONTRACT AWARD PHASE
1. ENGINEER will assist the CITY in the advertisement of the project for bid.
The CITY shall bear the cost of advertisement. The ENGINEER shall
provide up to 30 sets of construction plans, specifications and contract
documents for use in obtaining bids, awarding contracts, and constructing
the project. Additional sets of plans required will be considered Additional
Services and will be paid for by the CITY at commercial printing rates.
The CITY shall be responsible for dispersing all plans and specifications
from its purchasing department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding
& Contract Award phase by responding to bidder and CITY questions,
reviewing the bids, preparing a bid tabulation, and making a
recommendation of award to the CITY. ENGINEER will prepare
necessary addenda during the bidding phase for distribution by the City of
Denton Purchasing Department.
3. The ENGINEER will be present at a Pre-Bid meeting, will attend the Bid
Opening, and will prepare a bid tabulation of the bids received, and will
prepare a recommendation of award to the CITY.
CONSTRUCTION PHASE
A. Construction Support
Page 5 of 12
The ENGINEER will provide limited construction support for the project within the
scope of Basic Services as outlined below. Detailed daily construction inspection
and project oversight will be performed by the CITY. Any construction phase
services requested by the CITY beyond those described below will be provided
as Additional Services.
I. Attend pre-construction conference.
2. Consult and advise the CITY; and prepare routine change orders as
required. Provide consultation on field changes to the construction plans.
3. Prepare and submit record drawings (electronic and mylar) based on
information provided by the Contractor and the City inspector.
Page 6 of 12
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services that will or may be provided by the ENGINEER for this Project include:
Design Surveys, Boundary Survey, Easement Documents, Easement Acquisition, Utility
Coordination, Subsurface Utility Engineering, TxDOT Permits, Geotechnical
Investigations, and Public Meetings (as needed). The scope of work for these Special
Services is more specifically described as follows:
DESIGN SURVEY
1. The design survey will include cross-sections at 50' intervals and 50' left and
right of edge of the existing channel structure, locating all aboveground
visible improvements and trees 6" or larger. The design will begin at
Wainwright Street and follow the existing open channel upstream across
Locust Street, then across Elm Street and due west to Maple Street, then
south on Maple Street and across Eagle Drive to include the entire
Eagle/Maple intersection. The survey will also depart from the existing
channel to go south on Locust approximately 250', then turn west across
commercial property to rejoin the existing channel. In addition, the survey will
include the southwest corner of the Eagle Drive/Carroll Blvd. intersection.
Detailed survey will extend approximately 100' along all crossing streets
2. The project area will be surveyed for location of existing above ground utilities
(valves, manholes, hydrants, etc) and storm drainage system components
(inlets, junction boxes, pipe outlets, etc). The ENGINEER will rely on the
cooperation of the various utility companies and any information they or the
CITY make available, along with the markings generated by the Subsurface
Utility Engineering (SUE) effort. Ties of locates and potholes of franchise
utilities are not a part of this Special Service, but are included in the scope of
the SUE.
3. Survey will locate the geotechnical borings.
4. Horizontal control monumentation and vertical benchmarks will be
established as necessary.
5. The CONSULTANT will exercise care in completing this surveying
assignment by using traffic control devices, flags and safety equipment when
necessary.
BOUNDARY SURVEY
1. A strip map will be prepared at the preliminary plan submittal phase to show
the proposed right-of-way/easements needed.
2. The ENGINEER will research property owners and order recorded deeds and
plats. No title search is included in the scope of this agreement. Title work
will be obtained by the City.
3. A right-of entry letter notification and follow up will be conducted prior to
entering private property along the route.
Page 7 of 12
4. A deed sketch will be developed from the deeds and plats as a basis for
locating the necessary corners on the ground.
5. The survey crew will search for property corners based on the deed sketch,
and will tie the corners horizontally.
6. A boundary analysis will be conducted by a Registered Professional Land
Surveyor to identify and establish property lines along the route. All
easement documents will be prepared based on the completed boundary
analysis.
EASEMENT DOCUMENTS
1. The consultant will prepare right-of-wayleasement documents for each
existing property that will require right-of-wayleasement acquisition. Right-of-
wayleasement documents will include a parcel map detailing the acquisition
(Exhibit "A"), included with the parcel map will be a Legal description of said
acquisition (Exhibit "B"), signed by a Texas Registered Professional Land
Surveyor.
SUBSURFACE UTILITY ENGINEERING
(Note: Subsurface Utility Engineering will be performed primarily by a sub-
consultant (Gorrondona & Associates, Inc.) under contract with the
ENGINEER. The ENGINEER shall coordinate with the SUE consultant, review
reports, and incorporate the results into the plans. In the following description
of the scope of the Subsurface Utility Engineering Report, the term ENGINEER
refers to both the ENGINEER and the SUE consultant.)
The ENGINEER will perform the Subsurface Utility Engineering (SUE) work required
for this project in general accordance with the recommended practices and
procedures described in ASCE Publication CIIASCE 38-02 (Standard Guideline for
the Collection and Depiction of Existing Subsurface Utility Data). As described in the
mentioned ASCE publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality
levels are as follows:
• Quality Level D (QL"D") - information derived from existing records;
• Quality level C (QL"C") QL"D" information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
• Quality Level B (QUW) - Two-dimensional (x, y) information obtained
through the application and interpretation of non-destructive surface
geophysical methods. Also know as "designating" this quality level provides
the approximate horizontal position of subsurface utilities within
approximately one foot.
• Quality Level A (QUK) - Also known as "locating", this quality level provides
precise three dimensional (x, y, z) information at critical locations by exposing
specific utilities. Non-destructive vacuum excavation equipment is used to
expose the utilities at specific points which are then tied down by survey.
Page 8 of 12
The due-diligence provided for this project will consist of reviewing "As-Built"
documents previously compiled (provided by the City of Denton and franchise utilities
where available). Utilities that are not identified through these efforts will be here
forth referred to as "unknown" utilities. The ENGINEER will scan the defined work
area using electronic prospecting equipment to search for "unknown" utilities.
However, the ENGINEER does not warrant that all existing utilities will be located in
the field. The ENGINEER further does not warrant that all utilities located can be
identified.
The SUE will consist of a Level B survey including base maps showing existing
utilities. Based on the findings of the Level B investigation, a partial Level A survey
will be conducted, consisting of locating vertical information at selected locations.
The SUE will proceed as follows:
1. The ENGINEER will review the project scope of work and available utility
records.
2. Once these initial reviews are complete, the ENGINEER will begin
designating the approximate horizontal position of known subsurface utilities
within the specified project limits. DIGTESS will be contacted as a part of this
effort. A suite of geophysical equipment (electromagnetic induction,
magnetic) will be used to designate metallic/conductive utilities (e.g. steel
pipe, electrical cable, telephone cable). Non-metallic/non-conductive utilities
will be designated using other proven methods, such as rodding, and probing.
Where access is available, a sonde will be inserted into the utility line (e.g.
PVC gravity sewer line) to provide a medium for signal transmission, which
can then be designated using geophysical equipment. In instances where
access is not available (e.g. pressurized PVC water line), the ENGINEER will
attempt to designate the utility by probing. The ENGINEER will utilize a
vacuum excavation truck equipped with a high-pressure water lance to
conduct probing. Probing will typically be conducted at 100-foot intervals,
however, the probing interval may vary depending on the specific alignment
of the utility. When using probing methods to designate, the ENGINEER will
vacuum excavate test holes periodically to provide positive visual verification
that the correct utility is being probed. Due to obvious inefficiencies, probing
will not be attempted in paved areas.
3. The ENGINEER will designate all known utilities along and crossing the
streets and will record electronic depths at specified locations in an effort to
minimize the number of test holes required. Please note that electronic
depths are not accurate and should not be used for design purposes.
4. Field surveying to tie the utility information so designated will be done by the
ENGINEER.
5. Once complete and accurate survey information is received, the ENGINEER
will prepare SUE plans in the specified format.
6. The ENGINEER will establish routinelordinary traffic control (cones and free
standing signage, etc.) whenever required. If non-routine traffic control
measures are required (barricades, flag person, changeable message board,
Page 9 of 12
etc.), these services will be considered Additional Services. These Additional
Services are not anticipated at this time.
7. The ENGINEER will review the SUE exhibits and the preliminary plans with
the City staff and identify locations where underground utilities need to be
exposed and depths determined.
8. The ENGINEER will utilize its utility designation marks to layout the test-hole
locations. When test holes are required under pavement, the ENGINEER will
use a 10" core drill to prevent spalling. The test hole will be backfilled with
clears, dry backfill and finished with like material, concrete or asphalt.
9. The ENGINEER will utilize non-destructive vacuum excavation equipment
test holes at the required locations. Once each utility is located, the
ENGINEER will retard the utility type, size, material, depth to top, and
general direction. Each test hole will be assigned a unique ID number and
will be marked with rebarlcap, nail/disk, or chiseled X, as appropriate. The
test-hole excavations will be backfilled with appropriate material and the
original surface will be restored. The backfill will be compacted in lifts by
mechanical means to prevent future settlement.
10. Test hole data will then be incorporated into the construction plans.
TXDOT PERMITS
1. The project will require TxDOT permits to cross both Elm Street and Locust
Street. The ENGINEER will prepare plans and exhibits depicting the
necessary work within TxDOT right-of-way for submittal to TxDOT by the
City.
2. The ENGINEER will meet with City and TxDOT staff as necessary to
describe the proposed project and to secure the necessary permits.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnical Investigations will be performed by a sub-consultant (CMJ
Engineering, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the geotechnical consultant and review test reports and
recommendations.
1. Six (6) borings will be taken at specified locations along the length of the
project, generally to a depth of 20'.
2. Laboratory analysis will include moisture analysis, soil identification,
Atterberg limits determinations, unit weight determinations, and
unconfined compression tests.
3. Boring logs will be provided on all borings, and a report summarizing the
findings of the analysis will be prepared.
4. Recommendations will be made relative to ground water, if encountered,
along with guidelines for trench backfll.
Page 10 of 12
PUBLIC MEETING
If requested by the City, the ENGINEER will support City staff in preparing exhibits and
attending a public meeting. This service will be provided at hourly rates as directed by
the City. An allowance is included in the proposed fee for the public meeting effort.
Page 11 of 12
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
3. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Design Survey & Boundary Survey
Complete within six (6) weeks of written Notice to Proceed from the City.
Preliminary Design
Complete within sixteen (16) weeks of written Notice to Proceed from the City.
Final Plans
Final plans and specifications, at 95% complete, will be submitted within ten (16) weeks
of CITY approval of Preliminary design. If there are major design changes required, this
schedule may need to be modified.
Bid Documents
Complete plans and bid documents will be submitted within four (4) weeks of receipt of
final plan review comments from the City staff.
Construction Phase
Will proceed with construction.
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A - Page 12 of 12
ATTACHMENT `B'
SCHEDULE OF FEES
A. BASIC SERVICES;
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services the ENGINEER will be reimbursed as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
DESIGN PHASE $ 214,000
BIDDING & CONTRACT AWARD PHASE $ 4,400
CONSTRUCTION PHASE $ 6,500
Subtotal (Labor) $ 224,900
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense with a not-to-exceed amount of,
$ 2,500
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES) $ 227,400
Attachment 13- Page 1
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scone of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be Provided b Engineer. The
ENGINEER will be reimbursed for Special Services as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Special Services identified in
ATTACHMENT A:
Design Survey $ 11,500
Boundary Survey $ 21,400
Easement Documents
Drainage Easement and TCE (7 at $1,400) $ 9,800
TCE only (2 at $900) $ 1,800
Subsurface Utility Engineering
Level B (Designating & Mapping) $ 8,800
Level A (Potholes, as needed, assume 20) Est.$ 12,000
TxDOT Permits $ 2,800
Geotechnical Investigations $ 5,600
Public Meeting (Allowance, if needed) 3,700
Total Special Services $ 77,400
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage of the total work effort
completed during that month less any payments for previously invoiced services.
Payment for Public Meeting support will be paid hourly. The fee shown above for Public
Meeting is an allowance, not a maximum.
Attachment B- Page 2
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. Additional Services
contemplated may include but are not limited to eminent domain support. The
ENGINEER will be reimbursed for Additional Services, should they be requested, as
described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT D, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense.
D. SUMMARY OF FEES
Basic Services $ 227,400
Special Services $ 77,400
Total Fee $ 304,800
Attachment B- Page 3
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ATTACHMENT D
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2009 to December 31, 2009*
Engineering 1 Technical From To T
Principal $160 - $210 Per Hour
Project Manager $115 _ $190 Per Hour
Senior Engineer $110 - $210 Per Hour
Engineer $80 - $140 Per Hour
Landscape Architect/ Planner $70 - $160 Per Hour
Designer $85 - $120 Per Hour
Senior Designer $100 - $145 Per Hour
CAD Technician $60 - $90 Per Hour
Senior CAD Technician $75 - $110 Per Hour
IT Consultant $120 - $150 Per Hour
IT Technician $70 - $120 Per Hour
Clerical $50 - $80 Per Hour
Resident Project Representative $70 - $110 Per Hour
Surveying-
Survey Office Manager $125 - $170
Registered Professional Land Surveyor $110 - $150
S.I.T. $70 - $100
Senior Survey Technician $70 - $100
Junior Survey Technician $60 - $85
2-Person Field Crew w/Equipment $115
3-Person Field Crew wlEquipment $125
4-Person Field Crew wlEquipment $150
1-Person G.P.S. Crew wlEquipment $80 - $125
2-Person G.P.S. Crew w/Equipment $90 - $145
3-Person G.P.S. Crew w/Equipment $165
1-Person Robotic Crew wlEquipment $80 - $110
2-Person Robotic Crew wlEquipment $90 - $130
Direct Cost Reimbursables
Photocopies, Scans & PDF Files: $0.10/page letter and legal size bond paper, B&W
$0.20/page 11" x 17" size bond paper, B&W
$1.00/page letter, legal and 11" x 17" size bond paper, color
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
$4.00/page 22" x 34" and larger bond paper or vellum, color
Plots: $1.00/page 11" x 17" size bond paper, B&W
$2.00/page 11" x 17" size bond paper, color
$4.00/page 22"x34" and larger bond paper or vellum, B&W
$6.00/page 22"x34" and larger bond paper or vellum, color
$6.00/page 22"x34" and larger mylar or acetate, B&W
Mileage $0.55/mile
Ali Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
Rates shown are for calendar year 2009 and are subject to change in subsequent years.
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 27, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into a Open Meeting on
7 Monday, April 27, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Bill Cheek, Randy Robinson, Bill Grubbs and John
11 Baines (arrived at 9:02 a.m.)
12
13 Absent: Phil Gallivan, excused
14
15 OPEN MEETING:
16
17 CONSENT AGENDA:
18 The Public Utilities Board has received background information, staff's recommendations, and
19 has had an opportunity to raise questions regarding these items prior to consideration.
20
21 2) Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing
22 the City Manager to execute a professional services agreement for design and engineering
23 services relating to the Eagle Drive Drainage System for the City of Denton Engineering
24 Department: providing for the expenditure of funds therefor; and providing an effective date
25 (File 4309-awarded to Teague Nall and Perkins in an amount not-to-exceed $304,800).
26
27 Board Member Randy Robinson moved to approve Item 2 with a second from Board
28 Member Bill Grubbs. The motion was approved by a 5-0 vote.
29
30 The meeting was adjourned by consensus at 9:35 a.m.
31
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tim Fisher 349-7130
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute a Professional
Services Agreement (PSA) with IMS Infrastructure Management Services, LLC for an
automated roadway inspection and evaluation as set forth in the contract; providing for the
expenditure of funds therefor; and providing for an effective date (RFSP 4091 awarded to IMS
Infrastructure Management Services, LLC in an amount not to exceed $347,250).
RFSP INFORMATION
In the spring of 2003, the City entered into an agreement with ERES Consultants to do the City's
first comprehensive automated roadway inspection and evaluation. Typically such items are
done every 5 to 6 years in order to add those streets that have been constructed since the last
review and also evaluate those streets that were surveyed but have since been reconstructed.
This Agreement provides for contracting with a qualified firm to conduct an automated roadway
inspection and technical evaluation of Denton's roadways. The goal of this project is to update
and add to the City's existing data base in order to reestablish information so that it is current in
order to have an accurate and completed database on which to make cost effective decisions
relating to the maintenance and reconstruction of streets within the city.
The City of Denton currently maintains over 1,400 lane miles of roadway and uses a computer-
based Pavement Management System (PMS) to keep the information and run pavement
evaluation scenarios from the information previously obtained. These evaluation scenarios
allows the City staff to help select the most appropriate treatment for each roadway in the
network and to prioritize the required maintenance, repair and reconstruction activities.
A committee of five City staff persons from the following departments: Engineering, Streets, and
Technology Services, reviewed proposals from five firms. Proposals were evaluated based upon
the criteria listed below.
o Identification and understanding of the City's requirements for this project.
FACTOR: 10%
o Innovative alternative approach to save time and cost in the development of the
required data.
FACTOR: 10%
Agenda Information Sheet
May 5, 2009
Page 2
RFSP INFORMATION (CONTINUED)
o Firm's past performance and experience on projects of this magnitude/complexity,
and experience with specific issues (evaluation and analysis of automated
roadway information) related to this scope of work. FACTOR: 25%
o Firm's capability and availability of equipment to perform the data acquisition
phase of the project in the time frame identified.
FACTOR: 25%
o Experience and qualifications of key personnel available for this project.
FACTOR: 20%
o Schedule presented by the offeror for this service as defined in the scope of work.
FACTOR: 10%
After extensive evaluation and interviews, staff chose IMS Infrastructure Management Services,
LLC.
RECOMMENDATION
Award a Professional Services Agreement to IMS Infrastructure Management Services, LLC in
an amount not to exceed $347,250.
PRINCIPAL PLACE OF BUSINESS
IMS Infrastructure Management Services, LLC
Chandler, AZ
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin as soon as the contract is executed. The estimated completion
is within 28weeks from the start of the project.
FISCAL INFORMATION
This project will be funded from account 350263444.1360.40100. Requisition #93168 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Vendor Evaluation Ranking
Agenda Information Sheet
May 5, 2009
Page 3
Respectfully submitted:
.z7-
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-RFSP 4091
Exhibit 1
RFSP 4091 Ranking Sheet
Respondents Applied Research FURGO IMS RABA/KISTMER SANTEC
Dept Rep
Engineering 5 2 3 1 4
Streets 4 2 5 1 3
Streets 4 2 3 1 5
Water/WW 3 2 5 1 4
Tech Svc 4 2 5 1 3
Weighted Average of
Scoring 4 2 4.2 1 3.8
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES,
LLC FOR AN AUTOMATED ROADWAY INSPECTION AND EVALUATION AS SET FORTH
IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE (RFSP 4091 AWARDED TO IMS
INFRASTRUCTURE MANAGEMENT SERVICES, LLC IN AN AMOUNT NOT TO EXCEED
$347,250).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager, or his designee, is hereby authorized to enter into a
professional service contract with IMS Infrastructure Management Services, to provide professional
engineering and related services for an Automated Roadway Inspection Evaluation, a copy of which
is attached hereto and incorporated by reference herein.
SECTION II. The City Manager, or his designee, is authorized to expend funds as required
by the attached contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD-RFSP 4091
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between the City of Denton, Texas, a Texas
municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and IMS Infrastructure
Management Services, LLC, with its corporate office at 116 N. Roosevelt Ave, Ste 131,
Chandler, AZ 85226 hereinafter called "Design Professional," acting herein, by and
through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation, all services
described in Appendix A of this agreement at the negotiated price. The purpose of this
project is to complete a citywide pavement condition update. The Design Professional
shall utilize a Laser RST, Falling Weight Deflectometer, and Ground Penetrating radar to
accomplish such a task.
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
21 BASIC SERVICES
2.1.1 For Basic Services, the total compensation shall be $347,250 for those items 1
through 25 and item 26 inclusive as enumerated on page "a", which is a part of the listing of
items as further defined and provided for within Attachment A "Scope of Work
Memorandum". Item 26 shall be started by the Design Professional only upon written
authorization by the Owner and shall be satisfactorily completed within the terms of this
agreement.
2.1.2 Owner shall pay compensation to Design Professional for the Services performed
under this agreement according to the fee schedule, or unit rate table, presented in
Appendix A.
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Design Professional may invoice Owner monthly and payment is due upon receipt of
invoice. The Invoice shall follow the fee schedule and be based on percentage complete
of each item as listed in attachment A "Scope of Work Memorandum" for items 1
through 25 and any additional item(s) authorized in writing by the Owner. Owner shall
notify Design Professional in writing, at the address above, within 20 business days of the
date of the invoice if Owner objects to any portion of the charges on the invoice and shall
pay the undisputed portion.
Owner agrees to comply with existing State of Texas laws pertaining to delinquent and
late payments.
2.2 ADDITIONAL SERVICES
2.2.1 Items 27 through 31, as provided within Attachment A, are considered
additional services and will only be performed upon written authorization of each by
the Owner; shall be satisfactorily completed within the terms of this agreement and for
each cost(s) for each item as indicated. Compensation for Additional Services in
addition to those indicated in Attachment A is addressed in Appendix B of this
agreement as an hourly rate schedule.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
I) "City of Denton General Conditions to Agreement for Architectural or Engineering
Services."
11) Addendums to the "City of Denton General Conditions to Agreement for
Architectural or Engineering Services." - NONE provided by the Design Engineer, none
attached.
III) Attachments:
1) A - Scope of Work Memorandum, pages 1-6 & a-b
2) B - document titled "Hourly Rates"
3) C - document titled "2009 Project Schedule",
as well as the following items:
IV) City of Denton RFSP #4091
V) The Design Professional's Proposal titled "Proposal, City of Denton "RFSP #4091-
Engineering Analysis of Automated Roadway Evaluation" Thursday, September 0,
2008 @ 2:OOPM"
being on file with and in the office of the Owner's Purchasing Agent.
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This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN KNIGHT, CITY ATTORNEY
BY:
IMS Infrastructure Management S ices, LLC
BY:
Std Shen S President
WITNESS:
BY:
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement') and proposal (the "Proposal"} to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services'l.
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set
of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PRASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
22.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms ofthe other, subject to the limitations set forth in Subsection 5.2.1.
22.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
12,5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
24.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 'Me Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement fauns, the
Conditions of the contract, and the forth of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjushncnts to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 1f the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the foal Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with ALA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also he in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement ofthe Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owners approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Ownef s rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
16.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall Rather constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions ofthe work
16.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of dewrmining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension o€the Contract Time which are not inconsistent with the intent
ofthe Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents,
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor, The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the irrtent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care, (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional`s control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3 2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL. SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 252,
3.3.3 Pmpa-ing Drawings, Specifications and other docunentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase,
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part o€ the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3A.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance casts.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3A.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, fiunishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4-16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILI'T'IES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2. I.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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M: Alisc\Blank PormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall fiimish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-0f--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When riot a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air aril water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractors Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part ofthe Design Professional,
4.10 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware of arry fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other casts which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractors methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Ownet's Project budget or from any estimate o£Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents altematc bids to adjust the
Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from arty and all liability relating to their use in that project
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H:IMisclBlank 1:ormslGENERAL CONDITIONS-ARCHI'T'ECT-ENGINEER.doe Revised 5-30-02
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation ofthe Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfacmrily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits, All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner; suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior
to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
&1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications,
and fees paid for securing approval of authorities having jurisdiction over the Project
&2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
&214 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, wbere applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be trade monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
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H:Wisc0ank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER doc Revised 5-30-02
8.5 PAYMENTS VM1HIELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date
is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suitor cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other patty with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent ofthe Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 ofthe Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project
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H:IMisc%Blank Fonns\GENT;RAL CONDITIONS-ARCHITECT-EN(sINEER doe Revised 5-30-02
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed cffective upon receipt by the parry to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.4 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in anyway affect the substantive terns or conditions of the Agreement,
i
I
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H:IMisc\Blank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02
ATTACHMENT A
Scope of Work
Memorandum IMS Infrastructure , Management Services
116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 8394348
www. ims-rst.com
To: Bernard Vokoun, P.E., Senior Civil Date: February 18, 2009
Engineer
From: Zac Thomason, IMS Project: City of Denton
Subject: Scope Document Project No.: 14208
Task Description Activities Deliverables
Base Project Activities
1. Project Initiation Meeting & Conduct kick off meting confirming scope, extent Technical memo detailing
Planning and content of surveys, set milestones and scope of work, budget and
deliverables. deliverables.
• Confirm key contacts, roles and responsibilities and
project documentation.
• Identify location of key data elements such as traffic
data, GIS, existing roadway inventories, historical
data, and pavement management data.
• Identify deficient data and the means to obtain it.
• Provide data QA plan to City.
• Confirm phases of the work and invoicing
methodology.
2. GIS Review & Network • Complete a comprehensive review of the City's Survey maps and inventory
Referencing current GIS environment. for use on the project.
• Provide a detailed summary of the G!S deficiencies Memo detailing the GIS
deficiencies to be corrected
and level of effort required to fix them.
by the City or by scope
• Using the City's GIS centerline topology, develop a change order.
network wide roadway inventory suitable for use in
the PM system.
• Include street number and block order in
referencing.
• Link each segment to its parent GIS section.
• Obtain roadway attributes from GIS for functional
class, traffic, width, length, pavement type, curb
type, etc. If not available, devise plan to obtain
them.
• Create survey maps for use by the RST and client
review.
IMS Infrastructure Management Services Denton Scope Docrevl page I
Scope of Work
IMS Infrastructure Management Services
Memorandum 116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 839-4348
www.ims-rst.com
3. Distress Protocols & Develop distress protocols to be used in the Technical memo of data
Master Asset List (MAL) collection of condition data being loaded into collection protocols & MAL.
CarteGraph. This will result in either the IMS
development of new protocols or an expansion to
the existing protocols set forth during the last survey.
For example, crossfall will be collected in addition to
other roadway distresses.
• Confirm which assets are to be collected.
• Identify attributes to be collected for each right of
way asset. The resulting document is referred to as
the MAL.
• Determine how the assets are to be managed. For
example, a sign could be managed by the sign itself
or the support.
4. RST Mobilization & • Mobilize surface distress, roughness and rutting Equipment calibration
Calibration testing equipment to project results
• Demonstrate the equipment to the City
• Calibrate equipment.
5. Surface Distress Condition On all arterials and collectors, complete 2 pass 2-pass on arterial surface
Surveys testing collecting up to 9 distresses and attributes at distress extent and severity
100-foot intervals on a block by block basis. Local data. Single pass testing
roadways will receive a single pass. on locals.
• Collect/confirm attributes such as FunCL, pavetype,
ADA and curb type.
6. Pavement Roughness and On all arterials and collectors, complete 2 passes - 2-pass nutting and
Cross Fall Survey dual wheel path testing collecting International roughness extent and
Roughness Index (IRI) data. Locals will receive a severity condition data on
single pass. arterials and collectors. 1-
0 Cross slope, radius of curvature and grade are pass on locals.
measured with a patented road geometric pack that
is integrated with the RST system.
• Develop exceptions report for lengths that do not
match GIS.
7. GPR Mobilization & Survey On all new arterials and collectors, complete 2 pass Layer thickness information
(new streets only) Ground Penetrating Radar surveys. Local roadways
wilt receive a single pass.
• Develop layer thickness information on a sectional
basis.
8. Pavement WidthlLane • Capture the pavement width through use of the 2-pass width and lane data
Width Survey/Update digital images. on arterials and collectors.
• Collect the number of lanes for each roadway 1-pass on locals.
IMS lnfrustructure Mamrgentent Services Denton Scope Docrevl page 2
Scope of Work
Memorandum I* R Infrastructure Management Services
116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 839-4348
www.ims-rst.com
9. Digital Image and GPS On all arterials and collectors, complete 2 pass GPS 2-pass GPS coordinate
Coordinate Data Collection and multiview digital images data collection. Locals data and digital images on
will receive 1 pass. arterials and collectors.
10. Pavement Condition Data For each data stream (surface distress, roughness, Excel spreadsheet of the
Processing, Formatting, & deflection, GPS), aggregate and process the data at sectional data and index
Load to Software 100-foot intervals. values.
• Develop individual index scores for surface distress, Shape files of the condition
roughness and structure as appropriate. data at the 100 foot and
• Develop an overall condition score for each section block levels.
• Process the same data to the block level.
• Shape files of the processed data.
• Complete OA of data.
• Assemble and load data in the Citys CarteGraph
database. The data will also be delivered in excel or
access.
11. Legacy File Data Convert legacy files and loadilink them to an Conversion and linkage of
Conversion and Linking appropriate location in the CarteGraph module. legacy GPR and Road
• The files to convert consist of Access, RDW, RDP, Doctor files to CarteGraph.
#ND, #NT, @NP, OND, ONT, DZT, ERA, RNT,
PRC, PRO, TXT, and AutoCAD lines.
12. Draft Pavement Following the field surveys and data processing, complete Draft analysis and report.
Management Analysis the following analysis: Up to 5 models/budget
• Level of service questionnaire for City input. analysis options will be
completed.
• Development of operating parameters of software.
• Present status and PCI report in Excel format cIw
PCI charts and backlog.
• Fix all needs analysis and budget.
• Budget driven analysis ($1yr estimate).
• Integrate City capital plans and "must do's" to hit
set PC] and backlog target).
13. Final Pavement Finalize draft analysis and budgets. Final report and shape files
Management Report, - both hard copy and
Analysis, & Presentation Final report and make 2-copies of report plus electronic.
electronic files.
• Create shape files of results Report meeting and
PowerPoint presentation.
• Present report to City in a working meeting format.
• Create a PowerPoint presentation to showcase the
results of the condition survey.
IMS Infrastructure Management Services Denton Scope D""Y.1 page 3
Scope of Work
,e
Memorandum i' R Infrastructure Management Services
116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85228
Phone: (480) a39-4347 Fax: (480) 838-4348
www.ims-rst.com
14. Right of Way Asset Data Utilizing the right of way digital images and GPS Digital images with GPS on
Integration data, develop a digital image library at 25-foot hard drive
intervals for the arterial roadway network.
• Mount 3 cameras in RST to capture images on
assets such as sidewalks, curb & gutter, & barriers.
Additional assets can be added as an optional item.
• Asset location will be within +1- 30 feet at a 95;6
confidence interval.
15 - 17 Curb & Gutter, Sidewalk, & • Develop an asset inventory of all assets to be Spreadsheet containing the
Barrier Database collected following the MAL. inventory of each asset
development. collected.
• Geolocate all assets using Trident - 3D.
• Barriers are defined as guardrails, fencing, &
retaining walls.
18. GIS Linkage & Inventory Create the linkage of all roadway segments and Inventory spreadsheet
Review QAIQC elements to the City's existing GIS. containing all assigned GIS
QA1QC the inventory and all condition data ID's.
19. Load ROW Asset Data to Load all right of way asset inventories to the Data load to CarteGraph.
CarteGraph appropriate CarteGraph module.
• Ensure linkage is correct.
20. Load/Link images (3 views) Create the image linkage between CarteGraph and Image load to CarteGraph
to CarteGraph GIS for viewing purposes. viewer and GIS.
21. KML Fife/shape File Develop KML files (Google Earth Overlays) and Delivery of KML or shape
Development & Delivery shape fifes for City distribution. files.
• Up to 5 pavement and asset KMUs or shape files
will be developed for the City.
22. CarteGraph Software 3 - days of onsite CarteGraph software training will On-site training by a
Training be provided by CarteGraph staff. CarteGraph representative.
• Additional days can be added depending upon the
City's skill set and familiarity with the software.
23. Principles of Pavement 1 additional day of onsite training conducted by IMS On-site training by an 1MS
Management Training staff. principal.
• Will consist of how to get the most from the City's
pavement management system.
24. FWD Subgrade Condition On all arterials, collect multi-sensor deflection data Structural index for each
Surveys at an average of 10testslmile using an FWD. roadway section
• Develop structural index for each roadway segment. Traffic control to be
Complete 3 drops at a minimum of 1 test per block. supplied by the City.
25. Project Management and Provide client with periodic e-mail updates and Status reports and invoices
Meetings @ 7.5% reports.
IMS Infrastructure Management Services Denton Scope Docrevl page 4
Scope of Work
ago - W~'~ P
Memorandum IMS Infrastructure Management Services
116 N. Roosevelt Ave, Ste 137 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 839-4348
www.ims-rst.corn
• Meetings to be completed on-site and by conference
calls.
• Complete project administration and invoicing.
Additional Network and Project Level Services
26. Sign Database Utilizing the right of way digital images and GPS Network roadway sign
Development data, develop a detailed sign inventory for the inventory
arterial, collector, & local roadway network.
• Collect X,Y,Z for each sign-
Note sign condition using GIFIP notations.
• Collect a total of 18 attributes for each sign.
27. ADA Ramp and Driveway Classify ramps into 4 category types. Type I - Spreadsheet containing
Compliance Survey compliant. Type 11 - present but not compliant on ADA ramp compliance
either geometry or visual impairment facilities. Type results.
III - present but not compliant of geometry and visual
impairment facilities. Type IV - missing ADA ramps.
28. Sidewalk Obstruction Identify sidewalk obstructions that result in a free Spreadsheet containing
Survey far ADA clearance width of less than 36 inches. sidewalk obstruction
Compliance • Any poles, posts, trees, street furniture, etc, that results.
block the sidewalk will be located and catalogued-
0 The deliverable will be a spreadsheet of obstructions
sorted by street name.
29. Additional Report Present report to City in a working meeting format. Report meeting and
Presentation and Review PowerPoint presentation.
• Create a PovverPoint presentation to showcase the
results of the condition survey.
30. Project Level Testing and Using surface condition and roughness data develop 2008 project list
Overlay Thickness Analysis an initial list of 2008 project candidates and compare
them against existing candidate list. Overlay structural
requirements
• Provide recommendation for 2008 projects complete
with initial cost estimate.
• Mobilize Falling Weight Deflectometer (FWD) to
2009 candidate sites and calibrate.
• Complete project level testing on candidate streets
following requirements for mechanistic design
approach.
• Complete roadway structural needs analysis.
IMS Infrastructure Management Services Demos Scope Doerevl page 5
Scope of Work
Memorandum I. Roosevelt Management Services
116 N. Roosevelt Ave, Ste te 131 31 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 839-4348
www.lms-rst.com
31. Overlay Design and Complete overlay design requirements based on Overlay design for 2008
Document Preparation mechanistic design approach using deflection, traffic projects
and thickness information.
Technical components for
• Optimize design thickness along the length of a 2008 projects
project on a block-by-block basis.
• Develop technical design specification for the 2008
overlay candidates including limits of construction,
thickness, materials, and construction specifications.
• Prepare design drawings and technical components
of bid package.
IMS Infrastructure Managementservfces Denton Scope Docrevl page 6
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ATTACHMENT B
I I
IMS Infrastructure Management Services
116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480) 839-4348
www.irns-rst.com
February 18, 2009
City of Denton
901-A Texas Street
Denton; TX 76209
Attention: Bernard Vokoun, P.E. Sr Civil Engineer/Traffic
Reference: Hourly Rates
Bernard,
As per our discussion, attached below is a table illustrating the IMS hourly rates. Additional work to the
project can be added at these rates.
classification Hourly Rate
Principal (member/managers) $140.00
Senior Engineer (Engineer III) $125.00
Intermediate Engineer (Engineer II) $100.00
Project Engineer (Engineer 1) $75.00
Senior Project Manager (Staff Professional III) $115.00
Project Manager (Staff Professional II) $100.00
Staff Professional III $115.00
Staff Professional II $100.00
Staff Professional1 $75.00
Project Technologist III $95.00
Project Technologist II $75.00
Project Technologist 1 $50.00
Field Technologist Ell $75.00
Field Technologist 11 $65.00
Field Technologist 1 $50.00
GIS Technologist 111 $85.00
GIS Technologist 11 $65.00
GIS Technologist 1 $50.00
Administration Support $50.00
Direct Expenses Cost plus 15%
If any questions arise regarding this document don't hesitate to give us a call. Thanks Bernard and we
look forward to working with the City of Denton.
Sincerely,
IMS Infrastructure Management Services
Zac Thomason, MBA
Manager of Client Services
IMSInfrm&acture Management Services Exhibit B to Contract
ATTACHMENT C
Lr
i
iIMS Infrastructure Management Services
116 N. Roosevelt Ave, Ste 131 Chandler, AZ 85226
Phone: (480) 839-4347 Fax: (480)839-4348
www.ims-rst.com
April 2, 2009
City of Denton
901 A Texas Street
Denton, TX 76209
Attention: Bernard Vokoun, P.E. Sr Civil Engineer/Traffic
Reference: 2009 Project Schedule
Bernard,
Below you will find an anticipated project schedule inclusive of all scope of services to be performed
during this project. Currently IMS has a total capacity to complete 1,750 miles/month based on urban
surveys, so completing the City of Denton surveys in a timely fashion is not an issue. We operate 2 full
time Laser RST's as our mainline data collection equipment and keep a third unit on standby for overflow.
Field surveys are expected to progress at a conservative rate of 25 to 35 miles per day in urban areas
increasing to 75 miles per day in rural environments. Surveys usually proceed at 5.5 to 6 days per week
depending on weather, congestion and statutory holidays. Elapsed time for the City of Denton RST field
surveys is estimated at 3 to 4 weeks.
On all projects three rate determining functions rise to the top as being critical in maintaining the
proposed project schedule. In general it is not the surveys that take the longest time, but rather handling
the data that makes project schedules slide. The three steps we wish to highlight, so they can be
addressed by the City are:
• Finalizing the inventory and maps to be used for the field surveys. The delay in this step usually
occurs in obtaining the maps or GIS topology, confirming the streets list and then validating the
limits of the surveys. The best defense against schedule slippage is to have a single point of
contact that is familiar with the project, GIS and survey limits and can make critical decisions in a
timely fashion.
• Review of the field data and exceptions reports delivered to the clients. As part of the QAIQC
process, only quality data can pass through to the analysis. Thus it is critical that once the data
passes through the IMS QA/QC process, it be accepted and signed off by the client agencies.
For this stage of the work, we propose having our QAIQC Manager work closely with the City of
Denton to keep the flow of data moving through the City.
• Obtaining feedback and acceptance of the final format and load. No matter how much planning
work goes into a schedule, the bottom line is Councils operate on their own timetable and the
project must be able to conform to their schedules.
IMSlnfros&uctureManagenrentServkes Denton Schedule 2009 1
The key factor in this work is setting aside sufficient time and resources for the timely exchange of
information and data review. We have developed a real world plan that recognizes where delays in
schedules occur, and have a realistic approach to meet scheduling challenges. The above schedule
represents an estimated time to completion based upon the requirements set forth in the RFP. The
schedule may change when scope is either added or modified.
Weeks
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We want to thank you for considering IMS as a viable solution to your pavement management and we will
strive to become an asset to the Denton staff and team. If any questions arise please do not hesitate to
call. Our entire staff is here to provide support and we look forward to hearing from you.
Sincerely,
IMS Infrastructure Management Services
Zac Thomason, MBA
Client Services Manager
IMS Infrastructure Management Services Denton Schedule 2009 2
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Utilities
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a cost
reimbursement agreement between the City of Denton and TxDOT, for TxDOT's reimbursement,
upon the City's submittal of appropriate bill(s) of sale, of the City's costs in purchasing various
traffic signal control equipment at various intersections within the limits of TxDOT's Loop 288
project as provided for in the agreement's attachments; providing for the temporary expenditure of
funds thereof, and providing for an effective date in an amount to be reimbursed by TxDOT not to
exceed $213,391.00.
BACKGROUND
TxDOT's construction projects, within the City of Denton, requires them to accept the low bid and
thus, allows for the contactor to supply any product, as long as it meets TxDOT's requirements.
Larger projects, such as the Loop 288's improvements, can include traffic signals. The City of
Denton uses specific items for some of its traffic signal components to assure compatibility between
the various signalized intersections. As such, it is possible that the items used by the City of Denton
for its signals would not be the same product when purchased by the contractor. Therefore, TxDOT
allows for proprietary traffic signal equipment to be purchased by the City of Denton and then be
reimbursed by TxDOT upon submittal of billing(s) from the distributor(s)/manufacturer(s) of the
various traffic signal items.
The attached agreement provides for TxDOT's reimbursement, not to exceed, of the cost(s) for
specific City purchased traffic signal equipment at the specified intersections as provided for in the
agreement's attachments.
FISCAL INFORMATION
The $213,391.00 expenditure by the City will be temporary. By adoption of the ordinance
authorizing the City Manager or his designee to execute the agreement between TxDOT and the
City of Denton, TxDOT will reimburse the costs for specific traffic control equipment at the
specified intersections within the limits of TxDOT's Loop 288 project (as provided for in the
agreement's attachments), but not to exceed $213,391.00, upon the City's purchase of the various
traffic signal equipment so noted, providing this equipment to TxDOT's Loop 288 contractor and
then submittal of applicable bills of sale to TxDOT.
The temporary funding will be from accounts #972009001-972009009.1355.10100. Requisition
#92897 has been entered in the purchasing software.
Agenda Information Sheet
May 5, 2009
Page 2
PRIOR ACTION/REVIEW
None
OPTIONS
1. Approve the adoption of an Ordinance authorizing the City Manager or his designee to execute
a cost reimbursement agreement between the City of Denton and TxDOT, for TxDOT's
reimbursement, upon the City's submittal of appropriate bill(s) of sale, of the City's costs in
purchasing various traffic signal control equipment at various intersections within the limits of
TxDOT's Loop 288 project as provided for in the agreement's attachments; providing for the
temporary expenditure of funds thereof, and providing for an effective date in an amount to be
reimbursed by TxDOT not to exceed $213,391.00.
2. Approve the ordinance with conditions.
3. Define and redirect staff to pursue an alternate.
4. Deny approval of the ordinance.
RECOMMENDATION
Approve the adoption of an Ordinance authorizing the City Manager or his designee to execute a
cost reimbursement agreement between the City of Denton and TxDOT, for TxDOT's
reimbursement, upon the City's submittal of appropriate bill(s) of sale, of the City's costs in
purchasing various traffic signal control equipment at various intersections within the limits of
TxDOT's Loop 288 project as provided for in the agreement's attachments; providing for the
temporary expenditure of funds thereof, and providing for an effective date in an amount to be
reimbursed by TxDOT not to exceed $213,391.00.
EXHIBIT(S)
1. Ordinance
2. Agreement with TxDOT
Respectfully submitted:
ZW
Jim Coulter
Director of Water Utilities
EXHIBIT 1
sAour dccumentslordinances1041txdot traffic signal agreement.doe
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A COST REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
TXDOT, FOR TXDOT'S REIMBURSEMENT, UPON THE CITY'S SUBMITTAL OF
APPROPRIATE BILL(S) OF SALE, OF THE CITY'S COST IN PURCHASING VARIOUS
TRAFFIC SIGNAL CONTROL EQUIPMENT AT VARIOUS INTERSECTIONS WITHIN THE
LIMITS OF TXDOT'S LOOP 288 PROJECT AS PROVIDED FOR IN THE AGREEMENT;
PROVIDING FOR THE TEMPORARY EXPENDITURE OF FUNDS THEREOF AND AN
EFFECTIVE DATE.
WHEREAS, Texas Department of Transportation (the "State") is empowered under existing
laws to operate and maintain a system of highways and roadways for public use and benefit; and
WHEREAS, the City of Denton has requested the State to reimburse the Federal allowable
percentage for the cost of furnishing and installing traffic signal equipment at certain intersections in
the City of Denton; and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The Agreement is hereby approved and the City Manager, or his designee, is
hereby authorized to enter into the Agreement, in substantially the same form as is attached hereto
and made a part hereof by reference, on behalf of the City and to carry out the rights and duties ofthe
City under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2009
MARK A. BURROUGHS, MAYOR
I
sAour documentslordinamoes109\txdot traffic signal ag eement.doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITE'-Ar
Y:
EXHIBIT 2 CSJ # 2250-01-021 etc.
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TRAVIS §
NATIONAL HIGHWAY SYSTEM PROJECT
AGREEMENT FOR TRAFFIC SIGNALS (STATE CONTRACTED AND WITH A MUNICIPALITY
PROVIDING LIMITED MATERIALS AND/OR LABOR AND/OR EQUIPMENT)
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, hereinafter called the "State," and the City of Denton , in Denton
County, Texas, hereinafter called the "Local Government," acting by and through its duly authorized
officers.
WITNESSETH
WHEREAS, Title 23, U.S.C. Section 104 establishes a national highway system program ("NHS");
and
WHEREAS, Title 23 U.S.C. Section 120 establishes the Federal share of funding for this program
involving the procurement and installation of traffic signals as defined elsewhere in this agreement;
and
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, the State is empowered under existing laws to operate and maintain a system of
highways and roadways for public use and benefit; and
WHEREAS, the Local Government has requested the State to reimburse the Federal allowable
percentage for the cost of furnishing and installing traffic signal equipment at the intersections
established herein, hereinafter identified as the "Project;" and
WHEREAS, the State and Local Government wish to cooperate in the construction of this Project;
and
WHEREAS, the Local Government desires that equipment be provided that is compatible with
standard signal operation and/or existing Local Government equipment; and
WHEREAS, it is in the best interest of the Local Government and the State for the Local Government
to assist the State by furnishing and installing traffic signal equipment on the Project; and
WHEREAS, the Project has been designated as a Federal-aid project and thus this agreement shall
be made in accordance with Federal Highway Administration (FHWA) procedures and regulations;
and
WHEREAS, the Local Government has offered to participate in the development and construction of
the Project as defined elsewhere in this contract; and
WHEREAS, on the day of , 20 , the
City Council passed Resolution/ Ordinance No.
attached hereto and identified as Attachment "A," authorizing the Local
Government's participation in the development of the Project; and
TRF-TRF_TEA14 Page 1 of 8 Rev. 05/02/2008
NHS:FED STATE LETTING
CSC # 2250-01-021 etc.
CONTRACT NO.
WHEREAS, the State will secure the Federal cost share, and reimburse the Local Government for
their appropriate cost associated with the Project as defined elsewhere in this agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order No. 108410, authorizing
the Project through the State Transportation Improvement Program; and
WHEREAS, the State and the Local Government are authorized under Transportation Code,
§221.002 to enter into this agreement for the purposes defined herein;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is
agreed as follows:
AGREEMENT
Article 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and shall remain in effect as long
as said traffic signal equipment is in operation at the described location(s) and the Project is
incomplete, or unless otherwise terminated or modified as hereinafter provided.
Article 2. WARRANTING DATA
The Local Government shall be responsible for collecting and preparing the required warranting and
justification data for each signalized intersection. The data will be furnished to the State in a format
approved by the State. Only those intersections that are warranted and approved by the State will be
eligible for signalization plans under this agreement.
Article 3. INTERSECTION LOCATIONS
A. All State-approved intersections which are included as part of the "On State Highway System" are
acknowledged in Attachment "C," attached hereto and made a part of this agreement.
B. All State-approved intersections which are "Off State Highway System" are acknowledged in
Attachment "D," attached hereto and made a part of this agreement.
Article 4. CONSTRUCTION RESPONSIBILITIES
A. The plans associated with the construction of the traffic signal(s) will be developed by the Local
Government, unless noted otherwise in paragraph "D" below. The construction plans, which will
require final approval by the State, shall be prepared in accordance with the latest edition of the
Texas Manual on Uniform Traffic Control Devices (TMUTCD) and using Texas Department of
Transportation Standard Specifications, Special Specifications, Special Provisions, and Standard
Sheets.
B. The State will advertise for construction bids, let the construction contract, or otherwise provide for
the construction and will supervise the construction as required by said plans. The State will secure
the Local Government's concurrence of the construction plans prior to the award of the construction
contract.
C. The furnishing and/or installing of a portion of the traffic signal equipment may be part of the
construction to be undertaken by the Local Government, and the State will reimburse the Local
Government for its contribution to the Project, as prescribed under Article 6, "Compensation."
Variations: The LG has requested additional traffic signal heads be installed on this project. The LG
will be responsible for the cost of the additional heads in the amount of $51.659. This cost will be
deducted from the reimbursement made for traffic signal equipment provided by the LG as shown on
Attachment B.
TRF-TRF TEA14 Page 2 of 8 Rev. 05/02/2008
NHS:FED STATE LETTING
CSJ # 2250-01-021 etc.
CONTRACT NO.
Article 5. PERSONNEL, EQUIPMENT, AND MATERIAL
A. For any work related to the Project which is to be performed by the Local Government, the Local
Government shall use labor and supervisory personnel employed directly by the Local Government,
and use Local Government-owned machinery, equipment, and vehicles necessary for the work. In
the event that the Local Government does not have the necessary machinery, equipment, and
vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or
leased as necessary at the low bid price submitted by at least two approved bidders.
B. Reimbursement for the use of materials purchased by other than competitive bid procedures will
be made only if such procedures are shown to be in the public interest and provided the State shall
have given prior approval for the use of said materials. All materials used for the work shall be new
and undepreciated.
Article 6. COMPENSATION
A. The State will reimburse the Local Government up to 100% of the cost of furnishing and/or
installing Local Government traffic signal equipment for locations described in Attachment "C." The
State will pay up to 100% of the construction costs for locations described in Attachment "C." The
State will reimburse the Local Government up to N/A% for the cost of furnishing equipment, installing,
maintaining, operating, adjusting and removing the temporary traffic signals at the locations shown in
Attachment "D".
B. A Source of Funds estimate is provided in Attachment "B". Attachment "B" shows the percentage
and absolute dollar amount to be contributed to the project by federal, state, and local sources.
C. The State will reimburse the Local Government for properly supported costs incurred under the
terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work
Order" by the State will not be reimbursed, except for the materials already on hand. Reimbursement
will be made by the State to the Local Government for labor, equipment use, materials, supplies,
travel expenses, and warehouse or material handling charges provided the Local Government has
paid from Local Government funds their obligations covering items of costs previously billed.
D. The Local Government shall comply with the cost principles established in OMB Circular A-87,
"Cost Principles for State and Local Governments."
E. The maximum amount that the Local Government will be reimbursed under this agreement
without modification is $213,391 . A cost estimate of the work authorized for each intersection listed
in Attachments "C" and "D" shall be provided in Attachment "E," attached hereto and made a part of
this agreement.
F. Whenever funds are paid by the City to the State under this Agreement, the City shall remit a
check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check
or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds
in the escrow account may only be applied by the State to the Project.
G. The Local Government shall remit a check or warrant, made payable to the Texas Department of
Transportation, thirty (30) days prior to the date set for the State to receive construction bids in the
amount equal to:
(1) N/A% of the estimated contract bid items for locations described in Attachment "D"
(2) NIA% of the estimated engineering and contingencies (State inspection costs) for the
contract bid items for locations described in Attachment "D"
(3) N/A% of the estimated State inspection costs for Local Government furnished and/or
installed traffic signal equipment for locations in Attachment "D"
(4) NIA% of any Federal non-participating costs
TRF--TRF TEA14 Page 3 of 8 Rev. 05102/2008
NHS:FED STATE LETTING
CSJ # 225001-021 etc.
CONTRACT NO.
It is estimated that the State inspection cost will be N/A% of construction cost. The Local
Government check or warrant is $ NIA.
H. In the event it is determined by the State that the initial amount submitted by the Local
Government for construction of the project is insufficient to cover the State's costs, the Local
Government will within thirty (30) days from the State's written notification, make additional funding
available to the State. Following completion and the State's acceptance of the project, the State will
make a final audit of all costs associated with the project. Upon completion of the final audit, any
remaining funds due the Local Government will be promptly returned.
Article 7. PAYMENTS
A. The Local Government shall submit the State's From 132, Billing Statement, or other type of
invoice acceptable to the State upon completion and final inspection of the Project (or on a quarterly
basis wherever the work and materials provided for and contemplated under this contract have been
found by the State, based upon an inspection made by the State to be satisfactorily completed and
installed on any individual signalized intersection and/or section of roadway as approved by the State
for partial acceptance by letter) for the work and/or equipment which has been accepted by the State.
B. An original and one (1) copy of the Billing Statement should be submitted to the following
address:
Texas Department of Transportation
Attn. Director of Transportation Operations
PO Box 133067
Dallas, TX 75313-3067
C. All billing statements shall be properly documented, summarizing the costs by description of work
performed, quantity of materials and devices, unit price, labor costs, and extensions.
D. The State shall make payment to the Local Government within thirty (30) days from receipt of the
Local Government's request for payment, provided that the request is properly prepared, executed,
and documented.
E. Unsupported changes or changes after final acceptance by the State will not be considered
eligible for reimbursement. If applicable or necessary, the State will prepare a final audit upon
completion of the work authorized or at any time an audit is deemed to be in the best interest of the
State-
Article 8. INSPECTION OF WORK
A. The State will make suitable, frequent, and complete inspection of all materials and equipment,
and the work of installation to determine and permit certification that the Project and its components
meet all applicable requirements of the plans and specifications in suitable condition for operation
and maintenance by the Local Government after its completion.
B. The Local Government shall provide opportunities, facilities, and representative samples, as may
be required, to enable the State to carry on suitable, frequent, and complete inspection of all
materials, and application methods, sufficient to afford determination and certification by the State
that all parts of the installation and the component materials comply with the requirements of the
approved plans and specifications. The State will promptly notify the Local Government of any failure
of materials, equipment, or installation methods, and the Local Government shall take such
measures as necessary to obtain acceptable systems components and installation procedures
without delay.
Article 9. TERMINATION
A. This agreement may be terminated by one of the following conditions:
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(1) By mutual agreement and consent of both parties.
(2) By the State giving written notice to the Local Government as a consequence of failure by
the Local Government to perform the services and obligations set forth in a satisfactory
manner and within the limits provided, with proper allowances being made for circumstances
beyond the control of the Local Government.
(3) By either party, upon thirty (30) days written notice to the other.
B. If, at any time, the Local Government fails to assume the construction responsibilities as
prescribed herein or the maintenance and operation responsibilities for the Local Government's
portion of the traffic signal equipment in a satisfactory manner as determined by the State, the State
reserves the right to assume the construction responsibilities at the expense of the Local
Government.
Article 10. INDEMNIFICATION
The Local Government acknowledges that it is not an agent, servant, or employee of the State, and
that it is responsible for its own acts and deeds and for those of its agents or employees during the
performance of contract work.
Article 11. REMEDIES
Violation or breach of contract terms by the Local Government shall be grounds for termination of the
agreement, and any increased cost arising from the Local Government's default, breach of contract,
or violation of terms shall be paid by the Local Government. This agreement shall not be considered
as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may
be availed of by either party and shall be cumulative.
Article 12. DISPUTES
Should disputes arise as to responsibilities and obligations as set forth in this agreement, the State's
decision will be final and binding.
Article 13. SUBLETTING
The Local Government shall not sublet or transfer any portion of its responsibilities and obligations
under this agreement unless specifically authorized in writing by the State. In the event subcontracts
are entered into by the Local Government, the subcontractors must adhere to the provisions of this
agreement.
Article 14. AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations authorized herein shall be
enacted by written amendment. Any amendment to this agreement must be executed by both
parties.
Article 15. INSURANCE (Mark out the following paragraph this is not applicable)
A. Outside Insurance
Prior to the Local Government performing any work on this Project, the Local Government shall
furnish to the State a completed Certificate of Insurance (Form 20.102, latest version) and shall
maintain the insurance in full force and effect as long as the Project lasts.
B. Self Insured
Prior to the Local Government performing any work on this Project, the Local Government shall
furnish to the State a completed Certificate of Insurance (Form 20.102, latest version) and shall
maintain its self-insurance program in full force and effect as long as the Project lasts and the Local
Government is responsible for the furnishing, installing, maintenance, and operation of the traffic
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CONTRACT NO.
signal equipment. The State understands that the Local Government is a self insured entity for
public liability purposes.
Article 16. SUCCESSORS AND ASSIGNS
The Local Government shall not assign or otherwise transfer its rights or obligations under this
agreement except with the prior written consent of the State.
Article 17. INSPECTION OF LOCAL GOVERNMENT'S BOOKS AND RECORDS
A. The State will, for purpose of termination of the agreement prior to completion, examine the books
and records of the Local Government for the purpose of checking the amount of work performed
and/or materials furnished by the Local Government at the time of contract termination. The Local
Government shall maintain all books, documents, papers, accounting records, and other
documentation relating to costs incurred under this contract and shall make such materials available
to the State, Federal Highway Administration (FHWA), or its duly authorized representatives for
review and inspection at its office during the contract period and for four (4) years from the date of
final payment under this contract or until impending litigation is resolved. Additionally, the State,
FHWA, and its duly authorized representatives shall have access to all records of the Local
Government which are directly applicable to this contract for the purpose of making audits,
examinations, excerpts, and transcriptions. At the request of the State, the Local Government shall
submit any information required by the State in the format directed by the State.
B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the state auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Article 18. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
Article 19. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the State of Texas. Any
legal actions regarding the parties' obligations under this agreement must be fled in Travis County,
Texas.
Article 20. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the within subject
matter.
Article 21. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS
The Local Government shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128
through August 31, 2000 and stipulated in OMB Circular A-1 33 after August 31, 2000.
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CONTRACT NO.
Article 22. PROCUREMENT STANDARDS
The Local Government shall adhere to the procurement standards set forth in Title 49 CFR part
18.32.
Article 23. PROPERTY MANAGEMENT STANDARDS
The Local Government shall adhere to the property management standards set forth in Title 49 CFR
Part 18.36.
Article 24. COMPLIANCE WITH LAWS
The Local Government shall comply with all federal, state and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any
matter affecting the performance of the agreement, including without limitation worker's
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing
laws, permits, and regulations. When required, the Local Government shall furnish the State with
satisfactory proof of compliance.
Article 25. CIVIL RIGHTS COMPLIANCE
The Local Government shall comply with the regulations of the Department of Transportation as they
relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled
"Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in
the Department of Labor Regulations (41 CFR 60).
Article 26. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The Local Government shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
Article 27. DEBARMENT CERTIFICATIONS (Applicable to agreements which exceed $100,000)
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the
[Contractor, Local Government, Engineer, or whatever] certifies that it is not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549. The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when
requested by the State, to furnish a copy of the certification.
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CONTRACT NO.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
LOCAL GOVERNMENT CITY OF DENTON
By:
(Signature) (Title)
(Printed Name) (Date)
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By Date
Dallas District Engineer
TRF-TRF-TEA14 Page 8 of 8 Rev. 05/02/2008
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ATTACHMENT A
Resolution/Ordinance of Local Government
Approving This Agreement
AFA-LPAFA TS Page I of I Attachment A
ATTACHMENT B
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Description Total Federal State Local
Estimate Participation Participation Participation
Cost p
100% 80% 20% OHIO
Permanent Traffic Signal Equipment $265,050 $2127040 $53,010
Cost of Additional Equipment requested -($51,659) ..(41,327) _(10,332)
by the Local Government
TOTAL $213,391 $170,713 $427678
State relmbursernents to Local'
Government for the project $213,391
AFA-LPAFA_TS Page 1 of 1 Attachment 8
ATTACHMENT C
"On State Highway System Intersections"
1. Loop 288 at Retail Driveway
2. Loop 288 at Colorado Blvd.
I Loop 288 at Brinker Road
4. Loop 288 at Spencer Road
5. Loop 288 at Morse Drive
6. Loop 288 at FM 426
7. Loop 288 at Denton Town Crossing
AFA-LPAFA T5 Page 9 of 1 Attachment C
ATTACHMENT D
"Off State Highway System Intersections"
NONE
AFA-LPAFA_TS Page 1 of 1 Attachment D
ATTACHMENT E
Cost Estimate
1. Loop 288 at Retail Driveway (Golden Triangle Mail)
a. Traffic Signal Controller/Cabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200
C. Wavetronics Radar Detectors $23,600
Sub Total = $38,150
2. Loop 288 at Colorado Blvd
a. Traffic Signal ControllerlCabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200
C. Wavetronics Radar.Detectors $23,600
Sub Total = $38,150
3. Loop 288 at Brinker Road
a. Traffic Signal Controller/Cabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200
C. Wavetronics Radar Detectors $23,600
Sub Total = $38,150
4. Loop 288 at Spencer Road
a. Traffic Signal Control lerlCabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200
C. Wavetronics Radar Detectors $23,600
Sub Total = $38,150
5. Loop 288 at Morse Drive
a. Traffic Signal Control lerlCabinet Assembly & appurtenances $92,350
b. Ethernet Radio $2,200.
C. Wavetronics Radar Detectors $21,600
Sub Total = $36,150
6. Loop 288 at FM 426
a. Traffic Signal Control lerlCabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200:
C. Wavetronics Radar Detectors $23,600
Sub Total. = $38,150
7. Loop 288 at Retail Driveway (Denton Town Crossing)
a. Traffic Signal Control lerlCabinet Assembly & appurtenances $12,350
b. Ethernet Radio $2,200
G. Wavetronics Radar Detectors $23,600
Sub Total = $38,150.
TOTAL = $265,050
Page 1 of 1
EE0 W4
Texas Department of Transportation
AV
P.O. BOX 133067 • DALLAS, TEXAS 75313-3067 • (214) 320-6100
April 14, 2009
Control: 2250-01-021, etc.
Loop 283: From: US 380 To: IH 35E
Traffic Signal Agreement
City of Denton
Denton County
Mr. Bud Vokoum, P.E.
Traffic Engineer
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Vokoum:
Attached are two copies of the updated agreement for the above project to be signed by the
City of Denton and returned by May 1, 2009.
The following items have been updated on the Exhibits of the Agreement:
• TxDOT no longer reimburses cities for internally illuminated street name signs; these
costs have been removed as a reimbursable expense on Attachments B and E.
• According to the plans, new signal equipment will not be needed at the intersections of
Lp 288 with IH 35E or US 330. These intersections have been removed from
Attachments C and E.
• TXDOT will reimburse the city for supplying communication equipment up to the amount
of the contractor's bid in the project, $2200 per location. The remaining amount for the
Ethernet Radios will be covered by the City of Denton.
The last sentence in Article 17A has been added to this agreement. Article 27, Debarment
Certifications has been updated.
Feel free to contact Ms. Melanie Young, P.E., at myoung(a)dot.state.tx.us or (214) 320-6229,
if needed.
Sincerely,
Ronald L. hnston, P.E.
Director of Operations
Attachments
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Curt Arndt 349-7342
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of Loop 288 traffic radar equipment from
Twincrest Technologies which is available from only one source in accordance with the pertinent
provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from
the requirements of competitive bidding; and providing an effective date (File 4294-Purchase of
Traffic Radar Equipment for Loop 288 in the amount of $189,346).
FILE INFORMATION
This item is for the purchase of nine (9) Smartsensor Advance Detector Digital Wave Traffic
Radar systems to be installed along Loop 288. The radar systems will be used to monitor
approaching traffic in order to anticipate the need to change the signal light color to regulate
traffic flow. This equipment will aid in the efficiency of traffic flow which should also reduce
vehicle emissions.
The Smartsensor Radar systems will be installed at the following nine locations:
• Loop 288 at 135 E North Bound Frontage Road
• Loop 288 at Retail Driveway
• Loop 288 at Colorado Blvd.
• Loop 288 at Brinker Road
• Loop 288 at Spencer Road
• Loop 288 at Morse Drive
• Loop 288 at FM 426
• Loop 288 at Denton Town Crossing
• Loop 288 at US 380
Twincrest Technologies is the exclusive distributor of the Smartsensor Digital Wave Traffic
Radar in the State of Texas; therefore, this is a sole source acquisition. Section 252.022 of the
Local Government Code provides that procurement of items that are only available from one
source, do not have to be competitively bid.
Agenda Information Sheet
May 5, 2009
Page 2
RECOMMENDATION
Award the purchase of nine (9) Smartsensor Advance Detector Digital Wave Traffic Radar
systems to Twincrest Technologies in the amount of $189,346.
PRINCIPAL PLACE OF BUSINESS
Twincrest Technologies
Mansfield, Texas
ESTIMATED SCHEDULE OF PROJECT
This item can be delivered and installed within 30-45 days of receipt of an order.
FISCAL INFORMATION
This item will be funded from nine project account numbers-972009001-972009009.1355.10100.
Requisition# 92897 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Price Quote from Twincrest Technologies
Exhibit 2: Sole Source Letter
Respectfully submitted:
.z7-
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
I -AIS-File 4294
Exhibit 1
5 Quotation
~<:i- I
P.O. Box 757
Mansfield, TX 76063 DATE: 03/26/09
Phone (817) 539-2200 Fax (817) 539-2201 Re: Loop 288
Delivery: 30-45 days ARO
To: City of Denton - Scott Wilson Terms: Net 30
801 Texas St. Shipping: FOB Destination
Denton, TX 76201 Quote Q1451-IL
Phone: (940) 349-8491
Fax: (940) 349-7307
Item Qt Description Unit TOTAL
1 1 3-Unit Smartsensor Advance System c/o: 15,356 15,356
- 3ea Smartsensor Advance Detector w/Mounting Bracket
- 3ea 60' Sensor Pigtail
- 6ea Click 200 Surae Module
- 2ea Click 202 2A Power Supply
- lea Click 230 AC Surge Module
- 1ea Click 210 10A Circuit Breaker
- 3ea Click 174 4-Channel Contact Closure Card
- lea Smartsensor Advance Software
- lea Installation Assistance
2 8 4-Unit Smartsensor Advance System c/o: 19,780 158,240
- 4ea Smartsensor Advance Detector w/Mounting Bracket
- 4ea 60' Sensor Pigtail
- 8ea Click 200 Surge Module
- 2ea Click 202 2A Power Supply
- lea Click 230 AC Surge Module
- lea Click 210 10A Circuit Breaker
- 4ea Click 174 4-Channel Contact Closure Card
- lea Smartsensor Advance Software
- lea Installation Assistance
3 9000 Smartsensor Cable ($/ft) 1.75 15,750
TOTAL $ 189,346
This quotation is good for 60 days. If you have any questions, please contact Ian Lee.
THANK YOU FOR YOUR BUSINESS!
Exhibit 2
Wavetronix Exclusive
Dealer Certification
March 10, 2009
Twincrest Technologies
P.O. Box 757
2411 FM 917
Mansfield, TX 76063
To Whom It May Concern,
Wavetronix would like to confirm that Twincrest Technologies is contracted with Wavetronix as the sole
and exclusive dealer of the SmartSensor Digital Wave Traffic Radar and the SmartSensor High Definition
(HD) traffic radar, and all Wavetronix products for the state of Texas.
Twincrest Technologies has completed factory authorized training and qualified technical support at the
Wavetronix offices in Lindon, Utah, U.S.A, and regular bi-annual continuing education and training by
Wavetronix personnel.
Any questions regarding the contractual relationship between Twincrest Technologies and Wavetronix
can be forwarded directly to me at address listed below. Thank you for your attention with this matter.
Sincerely,
i
Wavetronix LLC
Michael A. Rose
Vice President of Sales and Marketing
Contact Information:
Wavetronix LLC
380 Technology Ct.
Lindon, UT
U.S.A.
(801) 764-0277
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF LOOP 288 TRAFFIC RADAR EQUIPMENT FROM TWINCREST
TECHNOLOGIES WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 4294-PURCHASE OF TRAFFIC RADAR EQUIPMENT
FOR LOOP 288 IN THE AMOUNT OF $189,346).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4294 Twincrest Technologies $189,346
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD-File 4294
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance partially abandoning and vacating a public utility easement from
Epic Development, Inc. to City of Denton recorded by County Clerk file number 94-R0032573 of the
Real Property Records of Denton County, Texas, in the J. White Survey, Abstract No. 1433; and
declaring an effective date.
BACKGROUND
Epic Development, Inc. has requested the abandonment of 0.5562 acres of an existing 1.405 acre
public utility easement. The existing public utility easement was dedicated to the City of Denton on
April 24, 1994 and filed for public records by County Clerk file number 94-R0032573, Real Property
Records, Denton County, Texas. The easement crosses a tract of land known as Lot 5, Block 2, of the
Denton Regional Medical Center Phase 3 Addition. The easement was a developmental requirement
for the planned public utilities for the overall project. During the design of the site plan the developer
added a new street Med Park Road, and several new lots to its overall site plan. The revised site layout
caused the location of the site plan public utilities to alter from the developer's original design in order
to serve the additional lots. The developer is requesting the abandonment of the un-utilized portion of
the original easement.
The partial easement abandonment request has been reviewed and approved by the Development
Review Committee. There are no future plans for utilizing the abandonment area for public utilities.
There are no existing utilities within the abandonment area. The construction plans and Final Plat for
Denton Regional Medical Center Phase 3 Addition have been approved by the Development Review
Committee. The partial abandonment of the existing easement would clear the easement encumbrance
on Lot 5, Block 2, of the Denton Regional Medical Center Phase 3 Addition.
Staff performs an analysis on request for easement abandonments as follows:
■ Is the easement tract requested for abandonment considered "excess easement"?
■ Does the easement tract requested for abandonment have a continued public use?
■ Is it in the best interest of the general public to abandon the government's rights in the subject
abandonment tract?
■ Would the granting of this request establish a precedent for easement abandonment for future
requests?
Staff findings on this analysis are as follows:
1. The requested partial easement abandonment tract fits the criteria of "excess easement."
Excess easement is defined as: Property acquired or used by the City for easement subsequently
declared excess (not needed for the Project, the continuation of operation and maintenance of
public facilities, and/or no foreseeable utility application in the future).
2. The partial easement abandonment tract area is not slated for utilization of any future public
utilities. As part of the developmental requirements for the project, the developer dedicated an
I
alternative public utility easement that is located along the perimeter of the site for any
potential public utility projects.
3. The partial easement abandonment is in the public interest because the areas for the subject
abandonment is no longer be needed by the public and has not been utilized for the public.
4. This abandonment would not set precedent because the above three standards have been met.
OPTIONS
1. Recommend approval of the Partial Easement Abandonment
2. Do not recommend approval
RECOMMENDATION
Staff endorses approval of the Partial Easement Abandonment.
ESTIMATED PROJECT SCHEDULE
June 2009
PRIOR ACTION/REVIEW
Development Review Committee
FISCAL INFORMATION
Not applicable
BID INFORMATION
Not applicable
Exhibits
1. Ordinance
2. Location Map
3. Utility Easement Abandonment Field Notes
4. Final Plat of Denton Regional Medical Center Phase 3
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by:
Mark A. Laird
Right-of-way Agent
Real Estate and Capital Support
2
EXHIBIT 1
scour documentslordinances1091epic development abandonment ord.doe
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PARTIALLY ABANDONING AND
VACATING A PUBLIC UTILITY EASEMENT FROM EPIC DEVELOPMENT, INC. TO
THE CITY OF DENTON, RECORDED BY COUNTY CLERK FILE NUMBER 94-R0032573
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, IN THE J. WHITE
SURVEY, ABSTRACT NO. 1433, DENTON COUNTY, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, Epic Development Inc., for the partial abandonment of that certain Public Utility
Easement, dated on or about March 15, 1994, from Epic Development, Inc. to the City of
Denton, Texas, County Clerk File No. 94-R0032573, Real Property Records, Denton County,
Texas (the "Original Easement"), INSOFAR AND ONLY INSOFAR as the Original Easement
covers and encumbers that certain 4,622 square feet of land being particularly described and
depicted in Exhibit "A" attached hereto and made a part hereof by reference (the "Abandonment
Area' and,
WHEREAS, staff has reviewed the requested abandonment of the Original Easement,
INSOFAR AND ONLY INSOFAR as the Original Easement covers and encumbers the
Abandonment Area and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Original Easement, INSOFAR AND ONLY INSOFAR as the
Original Easement covers and encumbers the Abandonment Area, and the City's interest therein
to the underlying fee owner; and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains and
reserves (i) any and all easements granted by the Original Easement, except as the Original
Easement covers and encumbers the Abandonment Area; and (ii) any and all easement and street
right-of-way rights in all other easement and street right-of-way tracts, whether conveyed by
other instruments or by plat, in which the easement tracts described for abandonment herein
cross and or overlap; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Original Easement, INSOFAR AND ONLY INSOFAR as it covers
and encumbers the Abandonment Area is hereby permanently abandoned with all of the City's
right, title and interests being quit claimed to the Owner. A certified copy of this ordinance may
be recorded in the Real Property Records of Denton County, Texas to evidence this
abandonment and quit claim.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 92009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
A EXHIBIT 2
NORTH
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ABANDONMENT
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LOCATION MAP
EXHIBIT 3
UTILITY EASEMENT ABANDONMENT
FIELD NOTES
EXHIBIT "A"
BEING 4,622 square feet of land located in the J. WHITE SURVEY, Abstract No.
1433, Denton County, Texas, being a portion of Tract 1 as described in a Deed
to Epic Development, Inc. (tract 1), recorded in Volume 3245, Page 699 of the
Real Property Records of Denton County, Texas, being a portion of a 20 foot
Utility Easement recorded in Document No. 94-R0032573 of the Real Property
Records of Denton County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a point lying S 01 034'07"W, 42.87 feet from the North corner of a
tract of land described in deed to Epic Development, Inc. (tract 2), recorded in,
Volume 5158, Page 1186 of the Real Property Records of Denton County,
Texas;
THENCE S 01 034'07"W along the East line of said Epic Development tract 1 and
the West line of said Epic Development tract 2, 232.07 feet to a point
lying in the North Right-of-Way line of Medpark Drive (a 70 foot right-
of-way), being the beginning of a Non-Tangent Curve to the Right;
THENCE NORTHWESTERLY along the North Right-of-Way line of said Medpark
Drive, 23.16 feet along said Non-Tangent Curve to the Right, having a
radius of 765.00 feet, a central angle of 01 °44'05" and a chord bearing
N 58°09'04"W, 23.16 feet to a point at the end of said Non-Tangent
Curve to the Right;
THENCE N 01 °34'07"E, 230.06 feet to a point at the beginning of a Non-Tangent "
Curve to the Left;
THENCE SOUTHEASTERLY, 22.22 feet along said Non-Tangent Curve to the
Left, having a radius of 1,980.17 feet, a central angle of 00°3834" and
a chord bearing S 62°37'07"E, 22.22 feet to the PLACE of BEGINNING
containing 4,622 square feet of land.
GREG 'A E. S!
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Page 1
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a water main cost
participation agreement between the City of Denton, Texas and Allegiance Hillview, L.P. for the
City's participation in the oversizing of water mains and in accordance with the terms and
conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an
effective date. (In the not-to-exceed amount of $113,403.50) The Public Utilities Board
recommends approval (4-0).
BACKGROUND
Allegiance Hillview, L.P. ("Allegiance") is in the process of building approximately 3,200 feet
of water line within the City Limits of Denton. This line is part of the public improvements they
are installing as part of their overall Rayzor Ranch Development project. The Allegiance project
requires a 16" water line to be installed along Hwy. 380 from Bonnie Brae St. to I-35E. The City
sought to oversize the pipeline from a 16" to a 20" in accordance with the City's oversize
participation policies and procedures outlined in the Denton Development Code. The purpose of
the oversize is to increase the water transmission line capacity through the Rayzor Ranch
Development, from the 42" Bonnie Brae line to be constructed by the City to the I-35E corridor.
The 20" water line size is consistent with the recently completed Water Distribution System
Master Plan prepared by Freese & Nichols Inc.
On January 15, 2009 Allegiance presented the City with their tabulated calculation of the
Oversize Participation Amount. Staff has reviewed this tabulation and determined that the
quantities are correct. The unit prices that Allegiance used for this calculation were those
included in the Contractor's (Rodman LLC) 3-Way Contract for the project, with one exception.
Allegiance listed a unit price of $480.00 per foot for 24" bored casing pipe. There was no line
item for 24" bored casing pipe in Rodman's 3-Way Contract. Thus a unit price had to be
estimated for the purpose of this oversize calculation.
Staff has reviewed the entire tabulation and determined that 1) the quantities are correct, and 2)
the unit prices (including the estimated one) are not unreasonable, based on similar work on
other recent projects. Thus, Staff takes no exceptions to the oversize participation cost as
prepared by Allegiance. Staff has prepared a corresponding Water Main Cost Participation
Agreement.
1
RECOMMENDATIONS
Staff recommends approval of the Water Main Cost Participation Agreement as prepared and
submitted.
ESTIMATED SCHEDULE OF PROJECT
Construction of this water line is nearing completion.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board discussed this item at their March 23, 2009 regular meeting. The
Board recommends approval (4-0).
FISCAL INFORMATION
The City's financial obligation regarding this item is $113,403.50. There is $225,000.00
budgeted for oversize participation in the FY 2009.
EXHIBITS
1. Ordinance
2. Water Main Cost Participation Agreement
3. Location Map
4. "Summary of Developer Oversize Changes" table, received from Allegiance Hillview, L.P.
January 15, 2009.
5. FY 2009 CIP Detail Sheet.
6. PUB Meeting Minutes
Respectfully submitted:
Jim Coulter
Director of Water Utilities
Prepared by:
James B. Jenks, P.E.
Senior Engineer, Water Utilities
2
EXHIBIT 1
ORDINANCE NO. 2009-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND ALLEGIANCE HILLVIEW, L.P. FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (IN THE NOT-TO-
EXCEED AMOUNT OF $113,403.50)
WHEREAS, the City desires to participate in the cost of oversizing water mains to be
designed, installed, and constructed by Allegiance Hillview, L.P. in an amount not to exceed
One Hundred Thirteen Thousand Four Hundred Three Dollars and 50/100 Cents
($113,403.50), in accordance with the applicable provisions of the City of Denton
Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a Water Main Cost
Participation Agreement Between the City of Denton, Texas and Allegiance Hillview, L.P.
(the "Agreement") for the oversizing of approximately 3,213 linear feet of sixteen (16") inch
water line to a twenty ("20") inch water main; substantially in the form of the attached
Agreement, which is incorporated herewith and made a part of this ordinance for all purposes;
subject to Allegiance Development, L.P. entering into a Development Contract with the City
of Denton, in accordance with the Denton Development Code, §35.16.20.2.
SECTION 2. The City Manager is hereby authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
2
EXHIBIT 2
r
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND ALLEGIANCE HILLVIEW, L.P.
WHEREAS, Allegiance Hillview. L.P., hereinafter referred to as "Developer", whose
business address is 5221 N. O'Connor Blvd. Suite 700, Irvin Texas 75039, wishes to
develop and improve certain real property named the "Rayzor Ranch" (as shown in Exhibit 1,
attached hereto and incorporated herein by reference), located in the City of Denton, Texas or
its extraterritorial jurisdiction; and is required to provide such real property with adequate
distribution capacity by designing, constructing and installing a water line of an inside
diameter of sixteen inches (16"), hereinafter referred to as the "Required Facilities"; and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City, in
accordance with its ordinances, wishes to participate in the cost of the construction and
installation of said water main to provide for an "oversized" water main to expand its utility
system and insure adequate utility service to other customers;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City do hereby AGREE as follows:
1 Developer shall design, install, and construct, approximately 3,213 linear feet of
twen inch (20") water distribution line, and all necessary appurtenances thereto, hereafter
referred to as the "Oversized Facilities" as shown on Exhibits 1 and 2, attached hereto and
incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities. This Agreement is subject to and governed by said Development
Contract and any other applicable ordinances of the City of Denton, Texas.
3. Prior to beginning of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements.
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved as to form and substance by City prior to the beginning of construction. If
Developer is unable to acquire needed easements, Developer shall provide City with any
requested documentation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property owners. Any easements for
the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in
City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title
to such easements and will defend City against any adverse claim made against such title.
4. City's share in the cost of the Oversized Facilities is based upon the difference in the
cost of installing Required Facilities, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be in an amount not to exceed one hundred thirteen
thousand four hundred three dollars and fifty cents (1113,403.50), the maximum
participation cost allowed herein.
The City shall not, in any case, be liable for any additional cost because of delays in
beginning, continuing, or completing construction; changes in the price or cost of materials,
supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface,
or other site conditions; differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Facilities; Developers decision as to the contractors or
subcontractors used to perform the work; or any other reason or cause, specified or
unspecified, relating to the construction of the Oversized Facilities.
5. The City may make monthly payments for its share of the Oversized Facilities
if requested by the Developer. If monthly payments are requested, the Developer shall
submit monthly pay requests on forms provided by the City. The Developer's engineer shall
verify that each pay request is correct. Each pay request, along with the engineer's
verification, shall be submitted to the Development Review Engineering Administrator of the
City. The City will retain ten percent (10%) of the total dollar amount until the project is
accepted. In lieu of monthly payments, the Developer may invoice the City for the entire
oversize participation amount after the project has been completed and accepted by the City.
Payment by the City to the Developer will be made within thirty (30) days of receipt of the
pay estimate and the engineer's verification or final invoice.
6. To determine the actual cost of the Oversized Facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities.
7. All notices, payments or communications to be given or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utilities for City at the address given above.
8. Developer shall indemnify and hold City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to the performance of this
Agreement; and Developer shall, at its own cost and expense, defend and protect City against
any and all such claims and demands.
9. If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the date of execution of this Agreement, this Agreement shall
terminate.
10. This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein. This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement.
11. This Agreement shall not be assigned by Developer without the express written
consent of the City.
2
12. Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
EXECUTED in duplicate original counterparts by the duly-authorized officials and officers
of the City and the Developer, on this the day of , 2009.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:r
"DEVELOPER"
ALLEGIANCE HILLVIEW, L.P.
By:
ATTEST:
By:
APPROVED AS TO LEGAL FORM:
By:
3
t
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND ALLEGIANCE HILLVIEW, L.P.
Allegiance Hillview, L.P., a New York limited
partnership
By: TH GP LLC (d/b/a TH Denton GP LLC in
the State of Texas), a Delaware limited
liability company, its general partner
By:_
Name: Andrew Osborne
Title: Authorized Signatory
Attest:
By: Not Necessary
APPROVED AS TO LEGAL FORM:
By: Not Required
EXHIBIT 3
Project Location Map
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HWY 380
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EXHIBIT 4
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EXHIBIT 6
DRAFT MINUTES
PUBLIC UTILITIES BOARD
March 23, 2009
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, Bill Cheek, Secretary, and as Acting Chair of the Public Utilities Board thereafter
convened into a Closed Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center
Training Room, City of Denton Service Center, 901-A Texas Street, Denton.
Present: Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson
Ex Officio Members:
George Campbell, excused
Howard Martin, ACM, Utilities
Absent: Charldean Newell and Dick Smith, both excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
5) Consider recommending approval of a Water Main Cost Participation Agreement between
the City of Denton and Allegiance Hillview, L.P., for the 20" water line along Hwy. 380
from Bonnie Brae St. to I-35E, for an amount not to exceed $113,403.50.
Board Member Randy Robinson moved to approve Item 5 with a second from Board
Member Phil Gallivan. The motion was approved by a 4-0 vote.
The meeting ended at 10:27 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Economic Development
CM: George C. Campbell
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas, approving an Amendment to an
Economic Development Program Grant Agreement dated March 23, 2004 between the City of
Denton and Windjammer, Ltd., which was duly assigned to NorthStar Bank of Texas, a Texas
banking association; and providing an effective date.
BACKGROUND
The City of Denton originally entered into a Chapter 380 Economic Development Program Grant
Agreement with Windjammer, Ltd. (Shelton Enterprises), developer of the Unicorn Lake mixed-
use development in 2004. In return for the construction of public infrastructure, the developers
of this 134 acre project received a grant that equals one-half penny of the sales tax generated by
the development for a period of 15 years or a total amount of $6,664,901 plus interest, whichever
comes first.
The agreement provides that upon completion of the required public infrastructure and a
minimum of 35,000 square feet of retail space, the grantee may assign the rights to the grant with
consent of the City. The substantial completion of public infrastructure and commercial
development as required under the agreement have been completed by the developer. However,
grant payments have not been initiated at this time. The developer and NorthStar Bank of Texas
have requested the proceeds for this grant agreement be assigned for the purpose of loan
collateral.
This assignment is slightly different from the previous Denton Crossing assignments that
Council has approved. In this assignment, NorthStar Bank of Texas will notify the City when
grant payments are to begin, and will request that payments be made to Windjammer, Ltd.,
unless there has been a default on the loan between Windjammer and NorthStar Bank. At
anytime during the term of the agreement, NorthStar Bank may request that grant payments be
made directly to the bank.
FISCAL INFORMATION
There will be no fiscal impact as a result of this amendment. The amendment documents the
agreement between Windjammer and NorthStar Bank and recognizes the designation and rights
of "Grantee" to NorthStar Bank.
-1-
EXHIBITS
Ordinance
Chapter 380 Economic Development Grant Agreement Amendment
NorthStar Bank Assignment Document
Respectfully submitted,
Linda Ratliff, Director
Economic Development Department
-2-
S:%Our Documents\Ordinances1091Windjammer Amendment Ord.dac
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT
TO AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT DATED
MARCH 23, 2004 BETWEEN THE CITY OF DENTON AND WINDJAMMER, LTD.
ASSIGNING THE AGREEMENT TO NORTHSTAR BANK OF TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on March 23, 2004, the City Council adopted Ordinance No. 2004-093
which approved a Developers Agreement between the City of Denton and Windjammer to
stimulate business activity in the City and promote the public interest; and
WHEREAS, it is in the public interest to authorize the City Manager to approve an
amendment ("Amendment') to the Agreement, which Amendment is attached hereto and made a
part of; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute an Amendment to the
Agreement with Windjammer, Ltd., which Amendment is attached hereto and incorporated
herein by reference.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this Ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Ordinance No. 2004-093 shall remain
in full force and effect.
SECTION S. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009.
MARK A. BURROUGHS, MAYOR
S:IOur Documents\Ordinances%091Windjammer Amendment Ord.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
THE STATE OF TEXAS)
}
COUNTY OF DENTON}
AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT
This Amendment to Economic Development Grant Agreement ("Amendment") is made as of the
day of , 2009 between the City of Denton, a Texas municipal corporation ("City")
and Windjammer, Ltd., a Texas Limited Liability Company (Assignor) and NorthStar Bank of
Texas, a state banking association, (Assignee).
WITNESSETH
WHEREAS, The City and Windjammer, Ltd. entered into that certain Economic Development
Program Grant Agreement, dated as March 23, 2004,( "Agreement"), which Agreement relates to
the Property legally described on Exhibit A attached hereto; and
WHEREAS, Windjammer, Ltd. ("Assignor") wishes to assign all of its rights, title and interest
in, to and under the Agreement as the Grantee therein to NorthStar Bank of Texas ("Assignee")
as security for loan proceeds; and
WHEREAS, as required by the Agreement, NorthStar Bank of Texas provided written notice of
the Assignment to the City; and
WHEREAS, by virtue of the Assignment, NorthStar Bank of Texas has succeeded to all of the
rights of Windjammer, Ltd under the Agreement as the "Grantee" therein; and
WHEREAS, NorthStar Bank of Texas is not responsible for the construction or maintenance of
certain infrastructure improvements as defined within the Agreement. The City accepted the
final submission by Windjammer, Ltd. for the Connector Road (Unicorn Lake Boulevard)
contemplated in the Agreement on February 7, 2005, and the Commercial Improvements
consisting of a minimum of 35,000 square feet on January 25, 2005; and
WHEREAS, the Assignor, Assignee and City agree to do all things necessary and appropriate to
carry out the terms of the Agreement and to assist each other in carrying out those terms; and
WHEREAS, Assignor, Assignee and City desire to formally document the agreements outlined in
the above recitals and make certain amendments under the Agreement.
NOW THEREFOR, in consideration of the covenants and agreements herein contained,
Assignor, Assignee and City hereby agree as follows:
I. Pro am Grant. The Program Effective Date has not commenced as of the Date Hereof
and no Program Grant Installment Payments have been made. Assignee will provide
written notice the City to commence the Program Grant Installment Payments as
described in the Agreement, and may direct the City to make Program Grant Installment
Payments to Windjammer, Ltd. ("Assignor"). At any time under the term of the
Program, the Assignee may notify the City in writing to make subsequent Program Grant
Installment Payments directly to NorthStar Bank of Texas.
2. Recitals/Defined Terms. That (a) the recitals set forth above are true and correct and are
incorporated herein by this reference, and (b) that any capitalized terms utilized in this
Amendment and not herein defined shall have the meanings ascribed to such terms in the
Agreement.
3. Full Force and effect, Authori to Execute. Grantee and City acknowledge and agree
that the Agreement, as amended hereby, is and remains in full force and effect between
them. Grantee and City, respectively, further represent and warrant to each other that this
Amendment has been approved by all necessary corporate or municipal authorities, as the
case may be, and that the person(s) executing the agreement their behalf have full power
and authority to bind them to the terms and provisions hereof.
4. Counte arts /R =rdin . This Amendment may be executed in multiple counterpart by
the parties, each of which shall be deemed an original and which, when taken together
shall constitute a single instrument. This Amendment may be filed for record with the
Clerk of Denton County Texas by either party hereto.
{Balance of this page intentionally blank;
Signature Page follows)
2
IN WITNESS WHEREOF, the parties have executed this Amendment to Economic Development Grant
Agreement effective as of the day of , 2009.
CITY: CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
By. c;
ASSIGNEE: NorthStar Bank of Texas,
a state b g association
By:
Title: G~~t ~i~LnY
ASSIGNOR: WINDJAMMER, LTD.,
a Texas limited partnership
By: BOB SHELTON ENTERPRISES, LTD.,
a Texas limited partnership,
its General Partner
By: BOB SHELTON ENTERPRISES
MANAGEMENT COMPANY, LLC
a Texas limited liability co parry,
its General Partn
By:
Bob Shelton, Presi ent
3
Acknowledgements
CITY:
State of Texas )
County of Denton )
This instrument was acknowledged before me on the _ day of 2009 by
the of the City of Denton, Texas, and attested to by
the of such City, on behalf of such City.
Notary Public in and for the State of Texas
My Commission expires:
Assignee:
State of Texas )
County of Denton }
This instrument was ac wledged before me on the 3p' day of f l 1 , 2009 by
i
the VIE.' WSJ Kt- of NorthStar Bank of Texas, a state banking association, on
behalf o such compan .
r
jjL(A wow
MY COWSSI N ES
5' 2 S o Public in
and for the State of Texas
My Commission expires: L9 r
Assignee:
State of Texas )
County of Denton )
A
This instrument was acknowledged before me on thed`,day of 200,9'by Bob Shelton, as
General Partner of Bob Shelton Enterprises Management company, LC., a Texas limited liability
company, on behalf of such company.
t ~
JUCATURS#AW to 4P.. and for the State of Texas
MY COMMSSIOM EXP1RM
JumS,2D12 -
My Commission expires: J
4
EXHIBIT "A"
THE "PROPERTY"
133.50 acres of land, more or less, being all of Tract One described below less and exec-pt all of Tract
Two described below:
Tract One:
BEING A TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. CO. SURVEY, A-950 IN
DENTON COUNTY, TEXAS, AND BEING ALL OF THAT TRACT OF LAND AS DESCRIBED IN
DEED TO J.B. MORROW AS RECORDED IN VOLUME 763, PAGE 850 OF THE DEED RECORDS
OR DENTON COUNTY, TEXAS (DRDCT) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING at a found %-inch iron pipe with cap at the north corner of a tract of land to Jostene, Inc.,
and in the southerly line of Interstate Highway 35E (variable with right-of-way), and from said point a
found %2-inch iron rod bears S 36° 14' 43" W, a distance of 1.25 feet;
THENCE S 38° 14' 43" W, leaving the southerly line of said Interstate Highway 35E and along the
northwesterly line of said Jostene tract, a distance of 346.69 feet to a found 1/2-inch iron rod;
THENCE S 02° 27' 27" W, leaving the northwesterly line of said Jostene tract, a distance of 2,391.72 feet
to a found %2-inch iron rod at an inner corner of a tract of land described in deed to Denton State School as
recorded in Volume 435, Page 12, DRDCT;
THENCE S 89° 32' 29" W, along the most southerly north line of said Denton State School tract and
generally with a fence, a distance of 1,881.30 feet to a found %2-inch iron rod;
THENCE N 000 11' 16" E, leaving the most southerly north line of said Denton State School tract and
generally with a fence, a distance of 1,915.59 feet to a found %-inch iron rod at the southeast corner of a
tract of land previously described in deed to Dimension Development Company as recorded in Volume
1284, Page 718, DRDCT;
THENCE N 000 20' 14" E, along the most easterly line of said Dimension Development tract and
generally with a fence, a distance of 1, 113.33 feet to a found 3/4-inch iron pipe at the southwest comer of
a save and except tract of land previously described in deed to J.B. Morrow as recorded in Volume 763,
Page 850, DRDCT, from which a found 1/2-inch iron rod bears S 89° 50' 43" W, a distance of 0.29 feet;
THENCE N 890 50' 43" E, leaving the most easterly line of said Dimension Development tract and along
the south line of said save and except tract, a distance of 1,274.85 feet to a found 1/2-inch iron rod;
THENCE N 39° 48' 17" E, along the southeasterly line of said save and except tract, a distance of 309.86
feet to a fence post in the southerly line of said Interstate Highway 35E, from which a found 1/2-inch iron
rod bears S 01° 58' 05" E, a distance of 0.55 feet;
THENCE S 500 1 P 43" E, leaving the southeasterly line of said save and except tract and along the
southerly line of said Interstate Highway 35E, a distance of 927.27 feet to the POINT OF BEGINNING
and containing 136.50 acres of land.
5
LESS AND EXCEPT
Tract Two:
BEING a 3.000 acre tract of land situated in the M.E.P. & P.R.R. Co. Survey, A-950, Denton County,
Texas, and being a portion of that certain 136.50 acre tract of land described in deed to WINDJAMMER,
LTD, and recorded in Volume 4131, Page 604 of the Deed Records of Denton County, Texas (DRDCT);
said 3.000 acre tract of land being more particularly described as follows:
BEGINNING at a %-inch diameter iron pipe with cap found in the southwesterly right-of-way line of
Interstate Highway 35, a variable width right-of-way, at the most easterly northeast corner of the 136.50
acre tract, the same being the most northerly corner of a tract of land described in deed to JOSTEN'S,
INC., recorded in Volume 571, Page 39, DRDCT;
THENCE, along the common line between the 136.50 acre tract and the Josten's tract, S 37° 56' 22" W, a
distance of 1.25 feet passing a %z inch diameter iron rod found, in all a distance of 346.69 feet to a 1/2 inch
diameter iron rod found at the southerly corner of the Josten's tract and the northwest corner of the
Jestens Addition, an addition to the City of Denton, Texas as shown on plat recorded in Book H, Page
362 of the Map Records of Denton County, Texas;
THENCE, along the easterly line of the 136.50 acre tract and the westerly line of the Jostens Addition, S
02° 11' 00" W, a distance of 260.45 feet to a 5/8 inch diameter iron rod with Carter & Burgess cap set for
the most southerly corner of the tract of land herein described;
THENCE N 50° 30' 07" W, a distance of 367.31 feet to a 518 inch diameter iron rod with Carter &
Burgess cap set for corner;
THENCE N 390 29' 53" E, a distance of 553.70 feet to a 518 inch diameter iron rod with Carter &
Burgess cap set in the northeasterly line of the 136.50 acre tract, the same being the southwesterly line of
Interstate Highway 35;
THENCE, along said common line, S 05° 30' 07" E, a distance of 200.00 feet to the POINT OF
BEGINNING;
CONTAINING an area of 3.000 acres or 130,665 square feet of land, more or less.
LEAVING A BALANCE OF 133.50 ACRES, MORE OR LESS, COVERED BY THIS LEASE
6
Northstar Loan No. 93150
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
Assignment of Rights under Economic Development Program
Grant Agreement for The Unicorn Lake Development
Definitions
Date: February 10, 2009
Assignor: WINDJAMMER, LTD., a Texas limited partnership
2701 Wind River Lane
Denton, Texas 76210
Assignee: Northstar Bank of Texas
Attention: Jeremy Fykes
400 N. Carroll Blvd.
Denton, Texas 76201
Guarantors: Robert Shelton, Bradley Shelton and Shelton Development, L.P., a Texas limited
partnership
City: City of Denton, Texas
Contract: That certain Economic Development Program Grant Agreement between
Windjammer, Ltd. (for The Unicorn Lake Development) and the City of Denton
dated March 23, 2004, and pertaining to all or a part of the Property, and any
amendments or replacements thereto.
Program: The term "Program" as used herein shall have the meaning given it as defined in
the Contract.
Program Grant: The term "Program Grant" as used herein shall have the meaning given it as
defined in the Contract.
Property: The real property situated in the City of Denton, Denton County, Texas, and
being more particularly described on Exhibit "A" attached hereto and made a part
hereof
Proceeds: All rights of Assignor to receive payments, receipts, revenues, monies, Program
Grant monies, distributions, buyout monies, interest and income of any kind as
provided under the Contract or in any way connect thereto.
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 1
Northstar Loan No. 93150
Loan 1: Loan in an undisclosed principal amount from Assignee to Assignor as evidenced
by the Note 1 and the other loan documents executed in connection therewith,
and any renewal, modification or extension thereof.
Loan Agreement 1: Loan Agreement executed as of October 17, 2006, by and between Assignor,
Guarantors, and Assignee pertaining to the Loan 1, and any renewal,
modification or extension thereof.
Note 1: That certain Promissory Note dated October 17, 2006, in an undisclosed principal
amount, signed by Assignor and payable to the order of Assignee, and any
renewal, modification or extension thereof.
Deed of Trust 1: Deed of Trust, Security Agreement and Assignment of Rents, Leases, Incomes
and Agreements, dated as of October 17, 2006, executed by Assignor, to Tony R.
Clark, Trustee for the benefit of Assignee, recorded under Document Number
2006-132444 of the Denton County Real Property Records, encumbering
Property.
Loan Modification
Agreement: Loan Modification Agreement (Third Modification) executed as of the Date
Hereof, by and between Assignor, Guarantors, and Assignee pertaining to the
modification of certain terms contained in the documents executed in connection
with Loan 1.
Loan 2: Loan in an undisclosed principal amount from Assignee to Assignor as evidenced
by the Note 2 and the other Loan Documents, and any renewal, modification or
extension thereof.
Loan Agreement 2: Loan Agreement executed as of June 17, 2008, by and between Assignor,
Guarantors, and Assignee pertaining to the Loan 2, and any renewal,
modification or extension thereof.
Note 2: That certain Promissory Note dated June 17, 2008, in an undisclosed principal
amount, signed by Assignor and payable to the order of Assignee, and any
renewal, modification or extension thereof.
Deed of Trust 2: Deed of Trust, Security Agreement and Assignment of Rents, Leases, Incomes
and Agreements (Second Lien), dated as of June 17, 2008, executed by Assignor,
to Tony R. Clark, Trustee for the benefit of Assignee, recorded under Document
Number 2008-71903 of the Denton County Real Property Records, encumbering
Property.
Loans: Loan 1 and Loan 2.
Loan Agreements: Loan Agreement 1 and Loan Agreement 2.
Notes: Note 1 and Note 1.
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 2
Northstar Loan No. 93150
Deeds of Trust: Deed of Trust 1 and Deed of Trust 2
Loan Documents: The Loan Agreements, Notes, Deeds of Trust, Loan Modification Agreement,
and all other documents, guaranty agreements, assignments, loan modification
agreements, and instruments evidencing, securing or pertaining to or executed in
connection with the Loans.
Assignment
In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged by Assignor, and pursuant to the terms of the Loan
Modification Agreement, Assignor hereby covenants and agrees with Assignee as follows:
1. Assignment. Assignor hereby sells, assigns, transfers and sets over unto Assignee, its
successors and assigns, all of Assignor's right, benefits and privileges under the Contract, including but
not limited to (a) any and all rights of Assignor to receive the Proceeds, and (b) any and all rights and
remedies which Assignor may have to enforce the payment or delivery of the Proceeds or otherwise, but
not any of the obligations, liabilities or responsibilities of Assignor under the Contract. It is the intent of
Assignor and Assignee that Assignor shall retain and not assign to Assignor any of the obligations,
liabilities or responsibilities of Assignor under the Contract. Assignor shall be responsible for performing
all of the obligations, liabilities or responsibilities under the Contract.
2. Purpose. These presents are given to secure (a) payment and performance of the
"Obligations" as that term is defined in the both Loan Agreements and the payment of all interest and
principal from time to time outstanding thereon as evidenced by the Notes, and (b) performance of all
obligations under any other instrument evidencing or securing the Notes.
3. Covenants, Warranties and Representations. Assignor hereby represents, warrants,
covenants and agrees that:
A. Assignor has the right, power and capacity to make this Assignment and
that no person, firm or corporation other than Assignor or Assignee has or will have (i)
any right, title or interest in, to or under the Contract, or (ii) any right to receive the
Proceeds or any part thereof.
B. Assignor will, at Assignor's sole cost and expense, perform and discharge
all of Assignor's obligations and undertakings under the Contract on a timely basis.
Assignor will use all reasonable efforts to enforce or secure the performance of each and
every obligation and undertaking of the City under the Contract and will appear in and
prosecute or defend any action or proceeding arising under, or in any manner connected
with, the Contract or the obligations and undertakings of the City thereunder.
C. Assignor will not without the prior written consent of Assignee (i)
pledge, transfer, mortgage or otherwise encumber or assign any portion of the Proceeds
or any of Assignor's rights under the Contract (ii) waive, excuse, condone or in any
manner release or discharge the City from its obligations under the Contract, (iii)
disaffirm, cancel, terminate or consent to any surrender of the Contract, or (iv) modify,
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 3
extend or in any way alter the terms of the Contract so as to reduce or diminish or
postpone Assignor's receipt of all or any portion of the Proceeds.
D. Any default by Assignor in the performance of any obligation or
undertaking hereunder shall constitute and be deemed to be an event of default under the
Loan Agreements, Notes, Deeds of Trust and any other Loan Document so as to entitle
Assignee to exercise any and all of the rights and remedies thereunder, including the right
to declare all sums payable under the Notes immediately due and payable without notice
or demand.
E. Assignor has performed all of its obligations under the Contract in a
timely manner and will continue to perform all of Assignor's obligations, covenants and
agreements under the Contract in a timely manner, so as not to cause a default or breach
to occur thereunder.
F. "Substantial Completion of the Improvements" as that term is defined in
the Contract occurred prior to December 31, 2005, and the Program Grant has been
earned by Assignor.
G. There are no existing defaults or breaches under the Contract by either
parry thereto.
H. The Program with respect to the Program Grant has not commenced as of
the Date Hereof, but Assignor will notify the City to commence the Program as and when
requested by Assignee. Furthermore, Assignor will notify Assignee when the Program
has commenced. Assignor shall deliver to Assignor copies of checks or other forms of
payment Assignor receives from the City within ten (10) days of receipt of such payment.
L Attached hereto is a true and correct copy of the executed Contract, and
there are no other amendments thereto.
4. No Obligations; Further Assurances. These presents shall not be deemed or construed to
obligate Assignee to take any action hereunder, to incur expenses or to perform or discharge any
obligation, duty or liability hereunder or under the Contract. Until the Loans and all indebtedness
evidenced by the Notes shall have been paid in full, Assignor will from time to time execute and deliver
unto Assignee upon demand any and all writings that Assignee may reasonably deem necessary or
desirable to carry out the purpose and intent hereof, or to enable Assignee to enforce any right or rights
hereunder.
5. Events of Default. The term "Event of Default" as used herein shall mean the occurrence
of any one of the following:
A. Assignor's failure to comply with any of the covenants, duties or
obligations of Assignor herein;
B. An "Event of Default" as that term is defined in either of the Loan
Agreements or in either of the Deeds of Trust or any default in the payment of either of
the Notes; or
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 4
C. At any time any representation or warranty made by Assignor herein
shall be materially incorrect.
6. Disposition of Proceeds. Until such time that Assignor has been notified in writing to
the contrary, Assignor may receive the Proceeds directly from the City. If Assignee gives notices to
Assignor to direct all Proceeds to Assignee, thereafter all Proceeds assigned hereunder shall be paid
directly to Assignee; and Assignee may notify the City to pay all of the Proceeds directly to Assignee for
which this Assignment shall be sufficient warrant. All Proceeds so paid to Assignee shall be applied by
Assignee, in its discretion, to the payment of accrued interest and principal on the Loans and/or the
prepayment of principal under the Loans, all in such order and in such respective amounts as Assignee
shall from time to time determine.
7. Litigation. Assignor hereby assigns to Assignee any award made hereafter to Assignor in
any court proceeding involving the Contract, in any bankruptcy, insolvency or reorganization proceeding
in any state or federal court, and any and all payments made by the City in lieu of payment of Proceeds.
Assignor hereby grants to Assignee the conjunctive right with Assignor to appear in any action and/or to
collect any such award or payment.
8. Further Rights of Assignee. Assignor, upon the occurrence of an Event of Default,
hereby authorizes Assignee, at its option, to collect as herein provided all or any Proceeds payable under
the Contract, and to consummate the transactions contemplated by the Contract.
9. Collection. The receipt by Assignee of any Proceeds pursuant to this Assignment after
the institution of any collection proceedings under the Loan Documents shall not cure any such Event of
Default or affect such proceedings pursuant thereto.
10. Performance. Assignee shall not be obligated to perform or discharge any obligation or
duty to be performed or discharged by Assignor under the Contract; and Assignor hereby agrees to
indemnify Assignee for, and to save Assignee harmless from, any and all liability arising from the
Contract or from this Assignment.
11. No Waiver. The failure of Assignee to enforce any of the terms, covenants or conditions
hereof shall not be construed or deemed to be a waiver of any rights or remedies hereunder. Assignee
shall have the full right, power and authority to enforce this Assignment, or any of the terms, covenants or
conditions hereof, at any time or times that Assignee shall deem fit.
12. Notices. All notices required or permitted to be given hereunder shall be deemed to have
been duly given if deposited in the United States Mail, postage prepaid, registered or certified mail, return
receipt requested, and addressed as above, or to such other address or addresses as the parties hereto may
by ten (10) day's prior written notice thereof from time to time designate for the purpose of receiving
notices hereunder.
13. Binding Effect. This Assignment applies to and binds the parties hereto and their
respective heirs, administrators, executors, successors and assigns. Any provisions in any other
agreement creating rights in Assignee other than those created herein shall be deemed incorporated herein
by reference and made a part hereof for all purposes.
In witness whereof, Assignor has caused this instrument to be executed as of the date first above
written.
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 5
Assignor:
WINDJAMMER, LTD., a Texas limited partnership
By: Bob Shelton Enterprises, Ltd., a Texas limited partnership,
its General Partner
By: Bob Shelton Enterprises Management Company,
LLC, a Texas limited liability company, its General
Partner
By:
Robert Shelton, President
Assignee:
Northstar Bank of Texas
By:
(Signature)
(Printed Name and Title)
THE STATE OF TEXAS §
COUNTY OF §
Before me (Notary printed name) on this day personally appeared
Robert Shelton, President of Bob Shelton Enterprises Management Company, LLC, a Texas limited
liability company, the General Partner of Bob Shelton Enterprise, Ltd., a Texas limited partnership, the
General Partner of WINDJAMMER, LTD., a Texas limited partnership, known to me or proved to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and in the capacities stated.
Given under my hand and seal of office this day of 12009.
Notary Public, State of Texas
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 6
THE STATE OF TEXAS §
COUNTY OF §
Before me (Notary printed name) on this day personally
appeared of Northstar Bank of
Texas, known to me or proved to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed and in the capacity stated.
Given under my hand and seal of office this day of 2009.
Notary Public, State of Texas
Acknowledgment and Consent of the City
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 7
The undersigned acknowledges and consents to Assignor's assignment of Assignor's rights,
benefits and privileges under the Agreement, including but not limited to (a) any and all rights of
Assignor to receive the Program Grant Installment Payments, and (b) any and all rights and remedies
which Assignor may have to enforce the payment or delivery of the Program Grant Installment Payments
or otherwise. The undersigned acknowledges that Assignor has instructed and authorized the undersigned
to send the Proceeds, under the Contract, including without limitation, the Program Grant, directly to
Assignee. The undersigned agree to send the Proceeds and Program Grant directly to Assignee upon
receipt of notice to do so from Assignee.
The undersigned represents, agrees, and makes assurances to Assignee as follows:
1. A true and correct copy of the Contract is attached hereto.
2. The Contract is in full force and effect and has not been amended in any manner.
3. The Contract shall not be modified without first notifying Assignee.
4. "Substantial Completion of the Improvements" as that term is defined in the Contract
occurred prior to December 31, 2005, and the Program Grant has been earned by
Assignor.
5. The Program with respect to the Program Grant has not commenced as of the Date
Hereof, but the City will commence the Program as and when requested by Assignee or
Assignor.
6. Assignor has performed all of its obligations under the Contract to date and no default or
breach has occurred thereunder by either parry to date.
7. Assignee is an "Interested Party" as that term is defined in Section 13 of the Contract.
8. The undersigned will notify Assignee in writing upon the occurrence of any default or
breach under the Contract and afford to Assignee the applicable cure periods as provided
for therein and opportunity to cure such default.
9. The undersigned acknowledges Assignee's reliance on the representations and statements
contained herein in extending credit and other accommodations to Assignor.
Dated as of the Date Hereof.
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 8
City of Denton, Texas
By:
(Signature)
George C. Campbell, City Manager
Attested by:
By:
(Signature)
(Printed Name and Title)
nstar5\300asscontrights
Assignment of Rights under Economic Development Program Grant Agreement for The
Unicorn Lake Development - Page 9
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the unreserved fund balance of the Electric Fund with Utility System Revenue
Bonds with an aggregate maximum principal amount equal to $10,250,000 so that Denton
Municipal Electric can continue funding ongoing capital expenditures for expansion of the
distribution and transmission electric facilities; and providing an effective date.
BACKGROUND
Denton Municipal Electric will be utilizing $10,250,000 in utility bonds for ongoing capital
expansion of the distribution and transmission facilities. The utility bonds will only be issued to
cover the cost of planned electric capital facilities. Initially, expenditures will be charged to the
unreserved fund balance of the Electric Fund and will be reimbursed with Utility Bonds sold in
Fiscal Year (FY) 2009-10. The FY 2008-09 Budget assumed funds from the issuance of bonds
would pay for these expenses. However, due to the delay of the bond sale, the Utility System
Revenue Bonds are now expected to be sold in FY 2009-10. These funds will be used for the
Denton Municipal Electric capitalized facilities that were approved as part of the 2008-09
Capital Improvement Budget.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow $10,250,000 from the Electric Fund unreserved fund balance to be
expended and subsequently reimbursed with Utility System Revenue Bonds.
Respectfully submitted:
4 3!~'
Bryan Langley
Director of Finance
ATTACHMENT A
DME CAPITAL PROJECTS
Sub-Stations Transmission Lines
Denton West-RD
RD Wells $ 3,197,179 Wells $ 353,238
Fort Worth 392,947 RD Wells-Hickory 826,649
Jim Christal 973,911 Hickory-US 380 1,058,014
Hickory 207,024 Denton West-Denton 3391578
Funding Needed $ 4,771,061 Hickory-Stella Street 56,154
Funding Needed $ 2,633,633
2009 Distribution Projects Other DME Projects
Longhorn Cove $ 60,000 FundinL Needed T447,123
Rails to Trails 50,000
#2 US-377 Circuit
Rebuild 460,000 TOTAL FUNDING NEEDED
Cypress Campus 196,972 TOTAL $ 10,250,000
JC 222 Masch
Branch Rd UG 501,270
FM1515 Double
Circuit 345,000
FM1515 1ND
Precision Conv. 195,000
Teasley Sub 214
Exit Feeder 130,000
Access 1st Cap.
Bank 100,000
Rayzor Ranch UG N
Side 95,394
Villas (Windsor &
Hinkle) 95,000
2009 UG Conductor
Replacement 79,547
RD Wells Sub Exit
Feeder 90,000
Funding Needed $ 2,398,183
Note: The amounts indicated do not represent the toal project cost. Rather, these amounts reflect
the additional utility system bond financing that is required.
sAour d0cuments\ordinances\09\3-ord reimbursement ordinance.dom
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE INTENT TO
REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE
ELECTRIC FUND WITH UTILITY SYSTEM REVENUE BONDS WITH AN AGGREGATE
MAXIMUM PRINCIPAL AMOUNT EQUAL TO $10,250,000 TO ALLOW DENTON
MUNICIPAL ELECTRIC TO CONTINUE FUNDING ONGOING CAPITAL
EXPENDITURES FOR EXPANSION OF THE DISTRIBUTION AND TRANSMISSION
ELECTRIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures related to the ongoing capital
expenditures for expansion of the distribution and transmission facilities of Denton Municipal
Electric, which was approved in the 2008-09 Adopted Budget and the 2008-09 Capital
Improvement Budget and are described in Attachment "A"; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $10,250,000 for the purpose
of paying the costs of the Project, as set forth in the attached Attachment "A", which is made a
part of this Ordinance for all purposes as if incorporated word for word herein.
SECTION 2. All costs to be reimbursed pursuant hereto will be for the ongoing capital
expansion of the distribution and transmission facilities of Denton Municipal Electric as
authorized by Section 271.045(a)(1) of the Texas Local Government Code. No tax-exempt
obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later
than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which
the property, with respect to which such expenditures are made, is placed in service. That all
amounts expended from the Unreserved Fund Balance of the Electric Fund for the Project set
forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Utility System
Revenue bond proceeds within the 2009-10 fiscal year.
SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this Ordinance more than three years after the date any expenditure which is to be
reimbursed is paid.
sAour documents\ordinance09\3-ord reimbursement ordinance.docx.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By
Page 2 of 2
ATTACH M ENT A
DME CAPITAL PROJECTS
Sub-Stations Transmission Lines
Denton West-RD
RD Wells $ 3,197,179 Wells $ 353,238
Fort Worth 392,947 RD Wells-Hickory 826,649
Jim Christal 973,911 Hickory-US 380 1,058,014
Hickory 207,024 Denton West-Denton 339,578
Funding Needed $ 4,771,061 Hickory-Stella Street 56,154
Funding Needed $ 2,633,633
2009 Distribution Projects Other DME Projects
Longhorn Cove $ 60,000 Fundin& Needed $ 447,123
Rails to Trails 50,000
#2 US-377 Circuit
Rebuild 460,000 TOTAL FUNDING NEEDED
Cypress Campus 196,972 TOTAL $ 10,250,000
JC 222 Masch
Branch Rd UG 501,270
FM1515 Double
Circuit 345,000
FM1515 1ND
Precision Conv. 195,000
Teasley Sub 214
Exit Feeder 130,000
Access 1st Cap.
Bank 100,000
Rayzor Ranch UG N
Side 95,394
Villas (Windsor &
Hinkle) 95,000
2009 UG Conductor
Replacement 79,547
RD Wells Sub Exit
Feeder 90,000
Funding Needed $ 2,398,183
Note: The amounts indicated do not represent the toal project cost. Rather, these amounts reflect
the additional utility system bond financing that is required.
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning and Development/Community Development
ACM: Fred Greene
SUBJECT
Hold a public hearing inviting citizens to comment on the City of Denton's 2009 Action Plan for
Housing and Community Development.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the US
Department of Housing and Urban Development (HUD). The Action Plan serves as the City's
application for the Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) programs. HUD requires a 30-day comment period. The 2009 Action
Plan comment period was advertised as April 20th through May 19th. Copies of the Plan have
been available for citizen review in the Community Development Division office in City Hall
East, 601 E. Hickory Ste B, and on the City's website.
The 2009 Action Plan includes activities recommended for funding by the Community
Development Advisory Committee and the Human Services Advisory Committee. It also
includes CDBG and HOME administration funding. Recommendations made by the committees
for the allocation of CDBG-R, American Recovery and Reinvestment Act funds, are stated as an
amendment to the 2008 Action Plan. Minutes from all CDAC and HSAC meetings are attached
to the document.
ESTIMATED PROJECT SCHEDULE
Public comment period April 20 through May 19
CDAC & HSAC presentation to City Council May 5
Public Hearing May 5
Action Plan approval June 2
Submission of Action Plan to HUD June 15
HUD release of funds & program initiation August 1
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee (CDAC) reviewed requests for housing and
infrastructure improvements. The CDAC developed recommendations for $1,479,066 in funding
to be allocated to various projects.
The Human Services Advisory Committee (HSAC) reviewed requests for social services
program funding. HSAC developed recommendations for use of both CDBG funds and City
Agenda Information Sheet
May 5, 2009
Page 2
General Fund dollars. Though the list of General Fund recommendations is included in the 2009
Action Plan, the approval of the Plan does not include approval of those recommendations.
General Fund recommendations will be considered during the normal budgeting cycle. HSAC
recommended that $153,389 in CDBG and CDBG-R funding be awarded to various social
service programs.
Both committees presented their recommendations to City Council at the Work Session on May
5th.
FISCAL INFORMATION
All projects and programs approved under the 2009 Action Plan are funded with CDBG, HOME
and CDBG-R funds and program income from the use of these funds. No General Fund dollars
are included in the proposed Action Plan activities. Some General Funds are used for program
administration.
EXHIBITS
1. CDAC Funding Recommendations Chart
2. HSAC Funding Recommendation Chart
3. CDBG-R Recommendations Chart
4. 2009 Action Plan for Housing and Community Development
Respectfully submitted:
Mark Cunningham
Director of Planning and Development
Prepared by:
Barbara Ross
Community Development Administrator
EXHIBIT 1
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS
2009/10 PROGRAM YEAR
2009 CDBG HOME BALANCE
APPLICATION FUNDING FUNDS FUNDS NOT
REQUEST $773,910 $514,404 FUNDED
21 Non-I'rolit ]),,\I 1(' IZcntal Unit Improxancrnts $112_U2~ $112.025 $0
22 Non-Profit Denton City County Day School Facility $56,730 $49,530 $7,200
Improvements
23 Community Minor Repair Program $98,000 $98,000 $0
Development
24 Parks and Cooper Creek Trail Bridge $150,000 $150,000
Recreation
25 Engineering Chambers St Sewer Line Replacement $160,355 $160,355 $0
25 Engineering Simmons and Park St Sewer Line $174,236 $174,236 $0
Replacement
25 Engineering Boardwalk St Sewer Line Replacement $137,860 $137,860 $0
25 Engineering Anderson St. Sidewalks $50,968 $50,968 $0
25 Engineering Egan St Sidewalks $104,169 $104,169
25 Engineering Crescent St Sidewalks $139,650 $139,650
25 Engineering Scripture St Sidewalks $179,111 $179,111
26 Non-Profit AIDS Services Capital Bldg Campaign $100,000 $100,000
Conununit\ <
$1 U__ )o 1 $3 )-l. 31) I 3 l j
27 I lomc Impru~ cmait I ro~~ram $471_401
I)c~clopulcnt
Comnumit\ 28 1aiant-13tisul IZaItal l~ssistancc Program $8.000 $8.000 $U
1)cx clopmcnt
TOTAL FUNDING RECOMMENDED $1,942,505 $773,910 $514,404 $654,191
TOTAL FUNDING AVAILABLE $1,288,314 $773,910 $514,404 $0
TOTAL FUNDING DIFFERENCE ($654,191) $0 $0 ($654,191)
Shaded requests are HOME eligible activities
EXHIBIT 2
2009-10 Human Services Advisory Committee
Recommendations for Funding
2009-10 Recommendations
ORGANIZATION 2008-09 2009-10 Recommendation General Fund CDBG
Award Request
1 AIDS Services of North Texas 12,000 30,000 12,000 546 11,454
2 Camp Summit 4,000 14,810 4,000 4,000 0
3 Court Appointed Special Advocates (CASA) 10,000 12,000 10,000 10,000 0
4 Children's Advocacy Center 9,000 73,862.15 7,500 7,500 0
5 City of Denton - PARKS - Denia Program 7,000 29,923.21 6,000 0 6,000
6 City of Denton - PARKS - MLK Program 7,000 23,330.21 6,000 0 6,000
7 Communities in Schools 20,000 5,000 5,000
8 Day Stay for Adults 6,500 12,000 7,500 7,500 0
9 Denton Christian Preschool 22,500 28,589 22,000 22,000 0
10 Denton City County Day School 26,500 36,000 26,000 0 26,000
11 Denton Co. Friends of the Family 24,000 30,000 24,000 0 24,000
12 Fairhaven (Plano Comm. Home Sponsor) 8,500 17,118 0 0 0
13 Family Health Care, Inc. 23,500 23,500 20,035 0 20,035
14 Fred Moore Nursery School, Inc. 22,000 30,000 23,720 23,720 0
15 HOPE, Inc. - HMIS 18,000 18,000 18,000 18,000 0
16 HOPE, Inc. -Transitional Housing 21,000 22,000 20,400 0 20,400
17 People's Clinic of Denton Co. 30,000 14,000 14,000
18 Retired Senior Volunteer Program (RSVP) 8,000 10,000 7,530 7,530 0
19 Special Programs for Aging Needs (SPAN) 17,500 25,000 17,500 0 17,500
Denton Community Food Room 4,000
ANNUAL TOTALS 251,000 486,132.57 251,185 119,796 131,389
Did Not Request Funds for the Year specified FUND 2008-09 2009-10
General Fund $119,602 $119,796
C.D.B.G. $131,398 $131,389
Total $251,000 $251,185 3/23/2009
EXHIBIT 3
Project/Program Amount
Administration $20,165
Fred Moore Pavilion $33,420
Fred Moore Electrical $3,332
Ruth Sewer $0
Redwood Sewer $154,000 CDBG-R Recommendations
Home Improvement Program $0
Family Health Care $3,500
SPAN $2,500
AIDS Services of North TX $4,500
Adult Day Stay $4,450
HOPE, Inc. $4,550
RSVP $2,500
TOTAL $232,917
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Public Improvements Human Services
Prepared for the U.S. Dept. of Housing and Urban Development
Denton City Council Presentation on May 5, 2009
www. cityofdenton. com
ADA/EOE/AREA
TABLE OF CONTENTS
A. Executive Summary of Action Plan
1. Introduction ..................................................................................................................1
2. Funding Summary ........................................................................................................1
3. Local Match ..................................................................................................................2
4. Citizen Participation .....................................................................................................2
5. Amendments .................................................................................................................3
6. Evaluation of Past Performance ...................................................................................4
B. SF-424 Application
1. CDBG Application .......................................................................................................6
2. HOME Application ......................................................................................................7
C. Projects/Activities
1. Summary ......................................................................................................................8
2. CPD Listing of CDBG and HOME Proposed Projects ................................................9
3. Other Resources Available .........................................................................................19
D. CP Strategies and Proposed Projects
1. Housing Strategies ......................................................................................................20
2. Continuum of Care Strategies ....................................................................................21
3. Lead-Based Paint Strategies .......................................................................................24
4. Human Services Strategies .........................................................................................24
5. Infrastructure & Public Facilities Strategies ..............................................................26
6. Demolition Strategies .................................................................................................27
7. Anti-Poverty & Economic Development Strategies ..................................................27
8. Barriers to Affordable Housing ..................................................................................27
E. Proposed Project Map ......................................................................................................28
F. Other Program Requirements
1. HOME - Forms of Investment ...................................................................................29
2. Monitoring Standards and Procedures ......................................................................29
3. Public Housing Improvements ...................................................................................30
4. Public Housing Resident Initiatives ...........................................................................30
5. Institutional Structure .................................................................................................30
6. Chronic Homelessness ...............................................................................................31
7. HOME - Minority Outreach Program ........................................................................32
G. Certifications ....................................................................................................................33
H. Community Development Minutes
1. Minutes from Public Hearings ...................................................................................38
2. 30-day Comment Period .............................................................................................42
3. Community Development Advisory Committee Minutes ..........................................43
4. Human Services Advisory Committee Minutes .........................................................59
1. Appendix
1. A - Annual Housing Completion Goals .....................................................................75
EXECUTIVE SUMMARY
INTRODUCTION
This document serves as the City of Denton's 2009 Action Plan for the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance
with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is required to submit a One-Year Action Plan to the U.S.
Department of Housing and Urban Development. The plan outlines the specific projects and
services that will be funded during the 2008 Program Year to address Denton's strategies stated
in the 2005-2009 Consolidated Plan for Housing and Community Development. The following
five-year strategies were identified in 2005 year and are reaffirmed this year:
■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production
of Affordable Units;
■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment,
Emergency Shelter, Transitional Housing and Transition to Permanent Housing and
Independent Living;
■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to
Owners and Homebuyers;
■ Human Services Strategies: Improve availability and accessibility of basic food,
emergency shelter, transitional housing, services promoting strong, supportive relationships
for families, and basic health care and mental health services.
■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and
Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public
Facilities, Park Improvements and Demolition of Substandard Structures;
■ Anti-Poverty & Economic Development Strategy: Support Training and Employment
Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of
Start-up and expansion industry.
FUNDING SUMMARY
The City of Denton is currently an entitlement city for the Community Development Block Grant
(CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME)
Programs. SF-424 applications for CDBG and HOME are on page 6 and 7, respectively. The
table below shows the federal funding available from the U. S. Department of HUD for the
2008/09 program year. The table below also indicates the amount of CDBG and HOME funds
that will benefit low and moderate income persons.
U. S. Department of Housing Urban
Development CDBG CDBG-R HOME TOTAL
Entitlement Grant (Includes Reallocated
Funds)* $875,933 $232,917 $524,560 $1,633,400
Reprogrammed Prior Years' Funds $186,953 $0 $0 $186,953
Estimated Program Income $22,000 $0 $47,000 $69,000
Total Funding Sources from HUD $1,084,886 $232,917 $571,560 $1,889,363
Benefit to Low & Moderate Income Persons $905,299 212,752 $514,404 $1,632,455
Page 1
*Actual Entitlement Amounts for CDBG and HOME have not been released by HUD. These
amounts represent an estimate amount based on last year's entitlement grants.
The City of Denton and subrecipients also receives many other federal, state, local and private
funds during the 2009-10 Program Year to address priority needs and specific objectives
identified in the City of Denton Consolidated Plan.
LOCAL MATCH
The HOME program requires a participating jurisdiction to provide a 25% match of the federal
HOME funds. The City of Denton's local match for the HOME program is $118,026. The 25%
match of federal HOME funds excludes administrative allowances of 10%. The City of Denton
will provide the match from a variety of sources including the following:
1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable
Housing Corporation (DAHC) for home ownership assistance and home improvement.
2. Denton County Housing Finance Corporation and other non-federal funding awarded to
Denton Affordable Housing Corporation and City of Denton.
3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME
eligible projects.
CITIZEN PARTICIPATION
To ensure citizen participation in the 2009 Action Plan process, the city followed its Citizen
Participation Plan. Public hearings were held November 17 and 20. The November 20th public
hearing was held in Spanish. The public hearings updated citizens on the status of current
programs and activities and asked the citizens how they felt the 2009 funds should be spent. Both
of the public hearings were held within a low and moderate-income neighborhood. See page 43
for minutes of both public hearings. Information on the public hearings was included in the
Community Development Newsletter that was mailed out to neighborhood associations; service
agencies and beneficiaries; city council, Human Services Committee (HSC) and Community
Development Advisory Committee (CDAC) members; churches; contractors; participating
lenders; citizens who attended previous public hearings; and interested citizens. A notice was
also placed in the Denton Record-Chronicle.
After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle
summarizing the plan and announcing to the public where the Action Plan was available for
review, and the process for submitting comments to the City of Denton. The advertisements also
included information on the upcoming public hearing. An ad was also placed in the quarterly
Community Development Newsletter that is mailed to all agencies, applicants, Realtors,
participating lenders, committees, and city employees. All comments received from the public
were addressed before submitting the plan to the U.S. Department of Housing and Urban
Development. Comments received during the 30-day comment period will be included in the
Action Plan.
To ensure citizen participation at all stages of the 2009 Action Plan process, a public hearing will
be scheduled on May 5, 2009 during a City Council Meeting to give citizens the opportunity to
comment on the 2009 proposed projects and activities. Seepage 38 for minutes of the public
hearing.
Page 2
AMENDMENT OF CDBG FUNDS
The City of Denton is also amending the 2003, 2004, 2005, 2006, 2007 and 2008 Action Plans
for Housing and Community Development to reallocate $186,953 in CDBG funds from
cancelled projects, contingency funds or unprogrammed funds. A total of $102,942 in
contingency funds from program years 2003 through 2007 are available from from completed
projects. In 2007, $60,000 in CDBG was allocated to the Denton Children's Advocacy Center.
This project has been cancelled. In 2008, $24,011 in CDBG funds was available as
unprogrammed funds. Funds from these sources will be reallocated to current 2009 projects.
AMENDMENT OF CDBG-R FUNDS - STIMULUS FUNDS
The City of Denton is also amending its 2008 Action Plan to incorporate CDBG-R funding. The
City of Denton received $232,917 of American Recovery and Reinvestment Act (ARRA) funds,
commonly referred to as the stimulus bill. The ARRA funds received are 2008 CDBG funds in
addition to the City's annual CDBG entitlement funds. The City of Denton is incorporating the
ARRA proposed activities in the draft 2009/10 Action Plan for Housing and Community
Development as an amendment to the 2008 Action Plan.
The following is a list of proposed projects for the $232,917 in Ameri can Recovery and
Reinvestment funds:
1. Administration Funds - $20,165
Funds will be used for program management, coordination, monitoring and evaluation
associated with carrying eligible activities. Program carried out the the City's
Community Development Department.
2. Fred Moore Pavilion - $33,420
Project consists of replacing the Pavilion on the North side of the Multi-Purpose court at
the Fred Moore Park located at 701 Wilson Street. The current pavilion is a wood
structure with composite shingles that is high maintenance and prone to water leaks. The
structure will be replaced with steel that requires less maintenance over time. The
pavilion is located is CT 212 BG 2 and will benefit 2,192 people. The project will be
carried out by the City's Parks and Recreation Center.
3. Fred Moore Park Electrical - $3,332
Project consists of renovating the electrical service at Fred Moore Park located at 701
Wilson Street. The replacement is due to broken or missing pars and general disrepair of
current system. The electrical service is currently a high maintenance and is a safety
issue for both employees and public. The pavilion is located is CT 212 BG 2 and will
benefit 2,192 people. The project will be carried out by the City's Parks and Recreation
Center.
4. Redwood Street Sewer Replacement Project - $154,000
The project consists of replacing about 1,665 linear feet of 8" sewer line on Redwood
Street from Mingo Drive to University Drive. The new 8" sewer line constructed would
be placed in the street. The existing sewer line is substandard size, has met the life
Page 3
expectancy with significant age deterioration, is in a state of disrepair and has a number
of service issues with sewer line chokes. The project is located is CT 20601 BG 1 and
will benefit 1,632 people. The project will be carried out by the City's Engineering
Department.
5. Family Health Care - $3,500
Provision of prenatal clinic aiding women who are without private insurance or
Medicaid. Funds will be used to assist an additional 16 low-income clients with prenatal
care during the 2008/09 contract year. Program will be carried out by the Family Health
Care, Inc.
6. SPAN, Inc.(Services Programs for Aging Needs) - $2,500
Provision of congregate and home-delivered meals to the elderly. Funds will be used to
provide meals to 12 additional clients during the 2008/09 contract year. Program will be
carried out by SPAN, Inc.
7. AIDS Services of North Texas - $4,500
Provision of food and medical care to individuals and families impacted by AIDS/HIV.
Funds will be used to buy food, hygiene products and medical care for an additional 7
clients during the 2008/09 contract year. Program will be carried out by AIDS Services
of North Texas.
8. Day Stay for Adults - $1,950
Provision of day stay activities and meals to functionally impaired adults for additional? clients.
Funds will be used to subsidize daycare costs not covered by Medicaid reimbursement. Program
will be carried out by Day Stay for Adults. Program will be carried out by Day Stay for
Adults.
9. HOPE, Inc. - $4,550
Provision of financial assistance to families who are homeless or at risk to be homeless
including rent or utilities and child care. Funds will assist an additional family through
the 12 to 24 transitional housing program. Program will be carried out by HOPE, Inc.
10. RSVP - $5,000
Funds will add an additional 200 new mothers to the Seniors for Childhood
Immunization reminder system during the 2008/09 contract year. Program will be
carried out by RSVP Serving Denton County.
EVALUATION OF PAST PERFORMANCE
It is evident from the information on performance outcomes in the 2006-'07 CAPER that the
City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals.
Even though the expected level of funding has not been received, Denton continues to make
progress toward meeting goals outlined in the 2005-2009 Consolidated Plan for Housing and
Community Development. However, it is important for City staff, residents, and HUD officials
to understand that lower than expected funding levels have caused a reduction in the level of
service and number of units previously expected to be assisted. This has required more efficient
use of available funding and more time spent on seeking additional funding sources. As a result,
Page 4
the number of individuals and households assisted during the five-year period will likely fall
short of projected outcomes.
During the past year, existing programs such as Homebuyer Assistance, Home Improvement and
Minor Repair have supported homebuyers and homeowners. These programs have succeeded in
providing current residents of the City with opportunities to improve their housing situation. The
Home Improvement Loan and Minor Repair programs have succeeded in promoting the
revitalization of older, decaying neighborhoods. Recently, Community Development staff
sought out additional funding to supplement funding available in the Homeownership Assistance
Program. This funding was awarded and is used by the City to help make repairs on units that
might otherwise not been available to new homebuyers. Though these programs continue to be
successful, again with recent funding cuts and the significant cost increases occurring during the
past year, program target numbers for the five-year period will probably not be met.
Continuum of Care activities continue to be successful and bring Emergency Shelter Grant funds
from the State of Texas and Supportive Housing Program funding from HUD into the Denton
County area. These funds are used by local agencies to meet the needs of homeless and
potentially homeless individuals and families. Five agencies participate in a collaboration that,
for the past four years, has been funded by the State ESG program. Activities include homeless
prevention, provision of essential services and payment of operating and maintenance costs for
shelters. SUP funding continues to support the Homeless Management Information System for
the Denton County Homeless Coalition.
Other public services activities funded by the City of Denton through both CDBG and general
funds have been successful in meeting identified needs in the Denton community. Health care
has been one area where the community has made significant strides. The People's Clinic has
opened and is providing services to low-income individuals in Denton County. The City
supports the Clinic by providing funding for patient services and medications that are not
covered through the Medicaid system. The City of Denton continues to support childcare for
low-income families, services for the elderly and households affected by AIDS.
During the past year, there was a major push to complete public improvement projects. Staff
was successful in completing five major projects. Two other projects were cancelled and one is
substantially complete. This should ensure that the City of Denton has no timeliness issues.
Drawdown of grant funding is completed on a monthly basis. Community Development
expenditure records are reconciled with those of the Accounting Department prior to any
drawdown of funds. As a result of this reconciliation process and the time lapse between actual
expenditure of funding and drawdown of Federal funding to cover expenditures, the City of
Denton is always compliant with U. S. Treasury and U. S. Department of Housing and Urban
Development drawdown requirements.
Programs and activities developed to meet community needs are reaching stated goals. Housing,
social services, neighborhood revitalization and public facility improvements are focus areas for
Denton Community Development. Strong collaborative efforts among the local service and
housing organizations along with support from the major cities of Denton, Lewisville and Flower
Mound, continue to expand opportunities for low-income individuals and households in an effort
to help them reach self-sufficiency.
The implementation of Denton's Consolidated Plan has not been hindered by action or willful
inaction of staff, citizens or elected officials.
Page 5
SF 424
Complete the tillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee
Information Worksheet.
Date Submitted Applicant Identifier
June 15, 2009 756000514 Type of Submission
Date Received by state State Identifier
Application Pre-application
Date Received by HUD Federal Identifier
❑ Construction ❑ Construction
❑ Non Construction ❑ Non Construction
Applicant Information
Jurisdiction CITY OF DENTON UOG Code
Street Address Line 1 601 E. HICKORY, SUITE B Organizational DUNS 07-138-0190
Street Address Line 2 Organizational Unit
City DENTON State TEXAS Department PLANNING & DEVELOPMENT
ZIP 76201 Country U.S.A. Division COMMUNITY DEVELOPMENT
Employer Identification Number (EIN): County DENTON
5-6000514 Program Year Start Date (MM/DD) 08/01/09
Applicant Type: Specify Other Type if necessary:
Local Government: Township Specify Other Type
U.S. Department o
Program Funding Housing and Urban Development
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by
Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles: Description of Areas Affected by CDBG Project(s)
Housing rehabilitation, minor repair, public facility Denton, Texas
improvements, provision of public services, homeownership
assistance, and program administration.
CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe
875,933
Additional Federal Funds Leveraged Additional State Funds Leveraged
Locally Leveraged Funds Grantee Funds Leveraged
Anticipated Program Income Other (Describe)
22,000
otal Funds Leveraged for CDBG-based Project(s)
Page 6
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s)
CHDO for acquisition, rehab and homeownership Denton, Texas
assistance, tenant based rental assistance and program
administration
$HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe
$524,560
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$47,000
Total Funds Leveraged for HOME-based Project(s)
Housing Opportunities for People with AIDS 14.241 HOPWA
HOPWA Project Titles Description of Areas Affected by HOPWA Project(s)
$HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project Titles Descri tion of Areas Affected b ESG Pro ect(s)
$ESG Grant Amount Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for ESG-based Project(s)
Congressional Districts of Is application subject to review by state Executive Order
Applicant Districts 26 Project Districts 26 12372 Process?
Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the
"Yes" please include an additional document state EO 12372 process for review on DATE
explaining the situation. ❑ No Program is not covered by EO 12372
❑ Yes ❑ No ® N/A Program has not been selected by the state
for review
Person to be contacted regarding this application
First Name Barbara Middle Initial L. Last Name Ross
Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753
eMail brosspcityofdenton.com Grantee Website - www.cityofdenton.com Other Contact
Signature of Authorized Representative - George C. Campbell, City Manager Date Signed
Page 7
2009 PROJECTS/ACTIVITIES
SUMMARY
The City of Denton's total federal and program income funding for 2009 is $1,889,363 (includes
$186,953 of Reprogrammed Funds). Program funds have been allocated to an array of projects and
activities to benefit low and moderate-income households. Each project is described in detail from
pages 9 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME
proposed projects and activities for their assigned page number:
HOME
Page # Project Name CDBG Funds Funds
8 Anderson St. Sidewalks $50,968
g AIDS Services of North Texas $11,454
9 Boardwalk St Sewer Line Replacement $137,860
9 CDBG Administration $179,587
10 Chambers St Sewer Line Replacement $160,355
10 PARD: Denia Summer Program $6,000
11 PARD: MLK Summer Program $6,000
11 DAHC Rental Unit Improvements $112,025
12 Denton City County Day School Project $49,530
12 Denton City County Day School Services $26,000
13 Denton Co. Friends of the Family $24,000
13 Family Health Care, Inc. $20,035
14 HOME Administration $0 $57,156
14 Home Improvement Program $102,961 $394,379
15 HOPE, Inc. - Transitional Housing $20,400
15 Minor Repair Program $98,000
16 Simmons and Park St Sewer Line Replacement $174,236
16 Special Programs for Aging Needs (SPAN) $17,500
17 Tenant-Based Rental Assistance Program $8,000
Total Funding Allocated to Projects $1,084,886 $571,560
Funding Available $1,084,886 $571,560
Balance of Funds $0 $0
Page 8
PROJECT DESCRIPTIONS
The following are descriptions of projects and activities that will be funded during the 2009
Program Year with CDBG and HOME funds:
AIDS SERVICES OF NORTH TEXAS
Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to
buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Program
will be carried out by AIDS Services of North Texas.
HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Non-Homeless Special Needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons. Outcomes:
Specific Outcomes: Number of persons assisted with improved access to ® Availability/Accessibility
a service - 55 persons ❑ Affordability
Project Goals: 55 People ❑ Sustainability
Primary Purpose: ❑ Homeless ® HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $11,454
Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0
Start Date 10/1/2009 Other Sources $0
Completion Date 9/30/2010 Total $11,454
ANDERSON STREET SIDEWALK
Installation of sidewalks and disability access ramps on the north and south side of Anderson Street from
Amarillo to Mounts Streets. Project will require the installation of about 1,100 feet of new sidewalk and
disability access ramps. Program will be carried out by the City of Denton's Engineering Department.
HUD Matrix Code: 03 Sidewalks Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living
Environment
Priority Need: Infrastructure ❑ Decent Housing
Improve quality/increase quantity of public ❑ Creating Economic
Specific Objective: improvements for low income persons. Opportunities
Outcomes:
Specific Outcomes Number of persons assisted where activity was used ® Availability/Accessibility
Indicators: to meet a measurable improved quality ❑ Affordability
Project Goals: 1,100 feet of new sidewalk ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $50,968
Location: City Wide, Denton, TX 76201 HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $50,968
Page 9
BOARDWALK STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Boardwalk Street with a new 8" from Hill to Lincoln and
South on Lincoln to Chambers. The existing sewer line is in a state of disrepair. The replacement
line will require an 8" line and manholes for approximately 890 feet. The new line would be
constructed and placed in the street. Project will be carried out by the City's Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $137,860
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $137,860
CDBG ADMINSTRATION
CDBG funds will be used for program management, coordination, monitoring and evaluation associated with
carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The
program will be carried out by the City's Community Development Department. Funding includes $6,000 in
proposed CDBG program income.
HUD Matrix Code: 21A General Program Administration 570.206 Objectives:
Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment
❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic
Specific Objective: N/A Opportunities
Outcomes:
Specific Outcomes: N/A ❑ Availability/Accessibility
Project Goals: N/A ❑ Affordability
❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $179,587
Location: Community Wide HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $179,587
Page 10
CHAMBERS STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Chambers Street with a new 8" from west Lincoln to Hill
and South on Hill to Smith. The existing sewer line is in a state of disrepair. The replacement line
will require an 8" line and manholes for approximately 960 feet. The new line would be constructed
and placed in the street. Project will be carried out by the City's Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $160,355
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $160,355
DAHC - AFFORDABLE HOUSING CORP
Provision of a rehabilitation of affordable rental units in Denton for special needs. Funds will be utilized for
the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses of
the agency. Program carried out by the Denton Affordable Housing Corporation.
HUD Matrix Code: 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives:
❑ Suitable Living Environment
Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing
Priority Need: Rental Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of affordable rental housing.
Outcomes:
Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility
Indicators: facility - 83 housing units ❑ Affordability
Project Goals: 83 housing units ® Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: CHDO 92.2 CDBG $0
Location: Community Wide HOME $112,025
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $112,025
Page 11
DENTON CITY COUNTY DAY SCHOOL PROJECT
Project consists of making needed improvements to the school. Funds will be used to replace existing roof,
painting gymnasium and exterior of school and installing signage and storage shelves. The school provides
affordable day care on a sliding scale. Project will be carried out by the City's Community Development
Department and Denton City Count Da School.
HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living
Environment
Priority Need: Public Facilities ❑ Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: persons. Opportunities
.
Outcomes:
Specific Outcomes Number of persons assisted with new access to a ❑ Availability/Accessibility
Indicators: facility - 185children ® Affordability
Project Goals: 185 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $49,530
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 08/01/09 Other Sources $
Completion Date 07/31/10 Total $49,530
DENTON CITY COUNTY DAY SCHOOL
Provision of childcare services for low income children between the ages of 2 years and 5 years.
Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding
scale. Project will be carried out by the City's Community Development Department and Denton City County
Day School.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ❑ Availability/Accessibility
Indicators: a service - 185 persons ® Affordability
Project Goals: 185 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $26,000
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $26,000
Page 12
DENTON COUNTY FRIENDS OF THE FAMILY
Provision of counseling services, crisis assistance and emergency shelter for family members impacted by
domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic
violence. Program will be carried out by the Denton County Friends of the Family.
HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Homeless ❑ Creating Economic
Specific Objective: Provide emergency services for homeless persons. Opportunities
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 2,079 persons ❑ Affordability
Project Goals: 2,079 People ❑ Sustainability
Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $24,000
Location: Confidential HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $24,000
FAMILY HEALTH CARE
Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be
used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out
by Family Health Care, Inc.
HUD Matrix Code: 05M Health Services 570.201 (e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living
Environment
Priority Need: Public Services ❑ Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: persons. Opportunities
.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 63 persons ❑ Affordability
Project Goals: 63 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $20,035
Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0
Start Date 10/01/09 Other Sources $20,035
Completion Date 09/30/10 Total $20,035
Page 13
HOME ADMINSTRATION
HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community
Development Department. Funding includes $4,500 in HOME Program Income.
HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to Objectives:
10 /o) 92.207 (a) ❑ Suitable Living Environment
Eligibility: N/A ❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic
Opportunities
Specific Objective: N/A
Outcomes:
Specific Outcomes N/A ❑ Availability/Accessibility
Indicators: ❑ Affordability
Project Goals: N/A ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community Wide HOME $57,156
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $57,156
HOME IMPROVEMENT PROGRAM
Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest
loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed.
Funding also includes estimated program income for HOME ($40,500) and CDBG ($24,000). Program will be
carried out b the City's Community Development Department.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment
® Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility
Indicators: standard condition - 8 housing units ® Affordability
Project Goals: 8 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $102,961
Location: Community Wide HOME $394,379
Start Date 08/01/09 Other Sources
Completion Date 07/31/10 Total $497,340
Page 14
HOPE, INC.
Provision of financial assistance and case management to families who are homeless or at risk to be homeless
and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially
homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager.
Program will be carried out b HOPE, Inc.
HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 40 persons ❑ Affordability
Project Goals: 40 People ❑ Sustainability
Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $20,400
Location: 117 West Sycamore, Denton, TX 76201 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $20,400
MINOR REPAIR PROGRAM
Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be
covered by homeowner's insurance. Program carried out by the City's Community Development Department.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment
® Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ® Availability/Accessibility
Indicators: standard condition - 35 housing units ❑ Affordability
Project Goals: 35 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $98,000
Location: Community Wide HOME $0
Start Date 08/01/09 Other Sources $0
Completion Date 07/31/10 Total $98,000
Page 15
PARD - MLK SUMMER PROGRAM
Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide
scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation
Department.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service 10 persons ❑ Affordability
Project Goals: 10 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $6,000
Location: 1300 Wilson St., Denton Texas HOME $0
Start Date 06/01/10 Other Sources $0
Completion Date 08/31/10 Total $0
PARD - DENIA SUMMER PROGRAM
Provision of a summer day program targeted to youth in the Owsley Neighborhood. Funds will be used to
provide scholarships for low-income participants. Program will be carried out by the City's Parks and
Recreation Department.
HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment
❑ Decent Housing
Priority Need: Public Services ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 10 persons ❑ Affordability
Project Goals: 10 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $6,000
Location: 1300 Pavin, Denton Texas HOME $0
Start Date 06/01/10 Other Sources 0
Completion Date 08/31/10 Total $6,000
Page 16
SIMMONS AND PARK STREET SEWER LINE REPLACEMENT
Replacement of existing 6" sewer line on Simmons and Park Streets with a new 8" from Dallas Drive
around the cul-de-sac to the middle of Park Street. The existing sewer line is in a state of disrepair.
The replacement line will require a new 8" line and manholes for approximately 1140 feet.
The new line would be constructed and placed in the street. Project will be carried out by the City's
Engineering Department.
HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives:
Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment
Priority Need: Infrastructure ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
improvements for low income persons.
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable improved quality - 2192 ® Availability/Accessibility
people ❑ Affordability
Project Goals: 2192 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $174,236
Location: CT 21200 BG 2 - 72.72% LM HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $174,236
SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS)
Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program
will be carried out by SPAN.
HUD Matrix Code: 05A Senior Services 570.201(e) Objectives:
® Suitable Living Environment
Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele
❑ Decent Housing
Priority Need: Non-housing special needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities
Specific Objective:
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility
Indicators: a service - 350 persons ❑ Affordability
Project Goals: 350 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $17,500
Location: 1800 Malone Street, Denton, Texas 76201 HOME $0
Start Date 10/01/09 Other Sources $0
Completion Date 09/30/10 Total $17,500
Page 17
TENANT BASED RENTAL ASSISTANCE
Provision of rental assistance to special needs households including elderly and disabled. Funds will be
utilized to make direct rental payments to owners/manager s of units where a special needs TBRA resident
resides. Project will be carried out by the City's Community Development Department.
HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Objectives:
Eligibility: N/A ❑ Suitable Living
Environment
Priority Need: Rental Housing ® Decent Housing
❑ Creating Economic
Specific Objective: Improve access to affordable rental housing. Opportunities
Outcomes:
Specific Outcomes Number of assisted units occupied by elderly or ❑ Availability/Accessibility
Indicators: disabled households - 2 households ® Affordability
Project Goals: 2 households ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community wide HOME $8,000
Start Date 08/01/09 Other Sources $
Completion Date 07/31/10 Total $8,000
Page 18
OTHER RESOURCES AVAILABLE
GENERAL FUNDS
Also, during the 2009 Program Year, the City of Denton plans to undertake additional
activities/programs to address local objectives and strategies using City of Denton General Fund
dollars.
The Human Services Advisory Committee has recommended funding the following human
services programs. It is recommended that these activities be funded through Denton's general
fund budget. City Council will consider approval of the following recommendations in
September 2009.
Category / Agency General
Funds
Aging Services
Day Stay for Adults - 12 people $7,500
RSVP - 520 people $7,530
Emergency Services
AIDS Services of North Texas - reported in CDBG $546
Denton County HMIS - N/A $18,000
Day Care /After School Care
Denton Christian Preschool - 114 people $22,000
Fred Moore Day Nursery - 200 people $23,720
Child/Family Services
CASA - 224 people $10,000
Children's Advocacy Center - 275 people $7,500
Communities in School - 1200 people $5 000
Other Services
Camp Summit - 8 people $4,000
People's Clinic of Denton County - 1200 people $14,000
Total $119,790
Page 19
STRATEGIES & PROPOSED PROJECTS
The City of Denton's 2009 funding has been allocated to programs and activities that meet
objectives stated in Denton's five-year strategic plan. Following is the list of the five-year
strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects
and activities that will be undertaken to meet those strategies.
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
RENTAL HOUSING STRATEGIES
H-3.1 Encourage and An addition of 100 Provide support for low-income housing
Sustainability support the affordable units in mixed ax credit and bond proposals for
of Decent development of small income developments development.
Housing mixed-income rental would assist in meeting
developments in his outcome measure.
accessible areas.
H-2.1 Encourage self- Rental assistance and other Work with and provide funding when
Affordability of sufficiency among forms of public assistance appropriate to support transitional
Decent Housing households that to approximately 25 housing and self-sufficiency programs
currently receive households administered by Denton Housing
rental subsidies and Authority and HOPE, Inc.
other forms of public
support.
H-1.1 Encourage and Rehabilitation Continue to support effort in the City's
Availability/ support the Approximately 25 units. Rental Rehabilitation Program with
Accessibility of rehabilitation of residual funds.
Decent Housing substandard units.
H-2.2 Encourage and assist Approximately 250 renters Continue supporting the City's Homebuyer
Affordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable
Decent Housing become homeowners. Housing Opportunity Program, DAHC's
refill New Construction Program and Nevada
Court Project, Denton Housing Authority's
Family Self Sufficiency Program and Habitat
or Humanity.
H-1.2 Target programs and our newsletters per year will Funding of the Tenant-Based Rental
Availability/ information to be sent out. Additional Assistance for elderly and disabled.
Accessibility of minorities and the information will appear on Disseminate program information in Spanish
Decent Housing elderly. able channel. and English to organizations serving these
groups.
OWNER-OCCUPIED HOUSING STRATEGIES
H-2.3 Educate homeowners reformation will be provided 8 households will be provided successful
Affordability of regarding home to 20-25 households homeowner education.
Decent Housing maintenance and
budgeting for major and
minor repairs and safe
leaning practices.
H-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for 35
Affordability of moderate-income approximately 120 very low households.
Decent Housing households with minor to moderate-income
housing repairs and homeowners.
eatherization.
Page 20
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
H-3.2 Encourage and assist Assistance to 25 to 35 Funding of the Home Improvement Program
Sustainability ow and moderate- households. It is anticipated or 8 households.
of Decent income homeowners to that 25%-35% of the annual
Housing maintain their units up allocation will be dedicated to
to current City of his targeted area.
Denton code standards
~n targeted areas.
HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS
H-2.5 Educate homebuyers Information will be provided Support of Fannie Mae and HUD approved
Affordability of regarding home buying to 150 prospective homeowner-ship workshops by local
Decent Housing process and household omebuyers. agencies and lenders
budgeting.
H-2.6 Encourage and assist Approximately 150 renters Support the City of Denton's Homebuyer
Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable
Decent Housing income renters to Housing Opportunity Program with residual
ecome homeowners. It funds.
is anticipated that 35%
to 50% will be minority
households.
H-2.7 Support production of Construction of an estimated Support of DAHC and City's Infill New
Affordability of affordable units. 5 new units. Construction Program and DAHC and
Decent Housing Habitat for Humanity's New Construction
Program.
CONTINUUM OF CARE - PREVENTING HOMELESSNESS
H-2.8 Provide assistance for 1) Support at least three Ia) Support and refer persons to local
Affordability of ow-income households educational classes business and agency's' First Time
Decent Housing to secure and sustain concerning securing Homebuyer classes and Credit
safe, decent affordable and maintaining a Counseling Classes
housing home. lb) Provide funding to HOPE, Inc in
support of programs including
Support 250 individual/ Housing Counseling
family units of services a) Provide administrative support and
to secure and maintain funds including any Emergency
housing including Shelter Grant Program or Emergency
prevention of Food and Shelter Program Awards to
foreclosure and eviction HOPE, Inc and The Salvation Army
a year for homelessness prevention
assistance.
b) Continue to support the Tenant
Based Rental Assistance from
HOME funds to the Elderly and
Disabled to maintain independent
living and to prevent homelessness.
CONTINUUM OF CARE - OUTREACH AND ASSESSMENT
Page 21
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
SL-1.1 Improve community 1) Support at least five 1) Provide funds to the Denton County
Availability/ assessment of needs and homeless service Homeless Management Information
Accessibility of services available agencies participating System to enroll and support
Suitable Living in the HMIS in three homeless service agencies.
Environment years. a) Complete final phase of Denton
Complete County HMIS project
implementation of the Implementation including contracts
Denton County HMIS with software provider and for HMIS
project in three years. technical services support.
3) Support a county-wide b) Assist Denton County HMIS Project
coordinated Discharge management to complete HMIS
Policy and Plan to End policies and procedures.
Chronic Homelessness 3) Assist the Denton County Homeless
in two years Coalition to organize a taskforce to
create and implement a plan to in
Chronic Homelessness including a
coordinated discharge policy.
CONTINUUM OF CARE - EMERGENCY SHELTER
H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County
Availability/ shelter and basic health, emergency shelter Friends of the Family Safe Shelter.
Accessibility of food, clothing, and nights of stay a year. 2a) Assist The Salvation Army, and
Decent Housing personal hygiene needs ) Assist local agencies to Denton County Friends of the
of the homeless and apply for at least three Family to apply for Emergency
victims of domestic grants to provide Shelter Grant Program Funds
violence.
supportive services to 2b) Assist Denton County MHMR to
all homeless, victims of apply for Supportive Housing
domestic violence, Program and/or Shelter Plus Care
homeless families or Funds.
homeless youth. 2c) Assist AIDS Services of North
Texas apply for Supportive Housing
Program Funds.
Page 22
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
CONTINUUM OF CARE - TRANSITIONAL HOUSING
H-1.4 Meet the transitional 1) Support at least 100 la) Provide funds to HOPE's transitional
Availability/ housing and supportive individuals/ families shelter program to assist 40 people.
Accessibility of service needs of the provided with 2a) Provide local agencies with
Decent Housing homeless and victims of transitional housing a information on grant opportunities
domestic violence in year. for funds to support transitional
reparation for a move ) Assist local agencies to housing and supportive services.
to permanent or
er permanent
supportive apply for at least two 2b) Provide documentation for and assist
housing. grants to provide with the completion of applications
additional transitional to request Emergency Shelter Grant
housing and supportive Funds and Supportive Housing
services Program funds for transitional
3) Support the increase housing and supportive services
use of transitional 3) Attend Ten Year Plan to End
housing and/or Homelessness meetings and provide
supportive services to information on the importance and
prepare individuals for need for transitional housing and/or
permanent housing in supportive services.
the Ten Year Plan to
End Homelessness.
CONTINUUM OF CARE -
TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING
H-3.3 Provide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas
Sustainability victims of domestic for at least two grants to and Denton County MHMR apply
of Decent violence with permanent provide permanent for Supportive Housing Program
Housing or permanent supportive supportive housing with funds for permanent supportive
housing. an emphasis on chronic housing program projects.
homeless and persons lb) Provide local agencies with
with a severe mental information on grant opportunities
illness and/ or HIV for funds to support transitional
positive status. housing and supportive services.
Assist at least two 2a) Participate in the Affordable Housing
community Coalition and the Denton County
partnerships/ Homeless Coalition.
collaborative efforts to 2b) Provide funding to support programs
provide additional of HOPE, Inc, Denton County
permanent housing Friends of the Family, and Denton
opportunities to the Affordable Housing Corporation
homeless and victims of who have a collaborative effort to
domestic violence move victims of domestic violence
from emergency shelter to
Transitional housing in preparation
for stable, sustainable permanent
housing.
Page 23
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
LEAD-BASED PAINT STRATEGIES
H-1.5 Educate homeowners, 30 households and 50-75 8 homeowners and 12 contractors or
Availability/ rent property contractors and property property managers will receive field
Accessibility owners/managers and managers received field guides for Lead Paint Safety painting,
of Decent contractors regarding guides for painting, home home maintenance and renovation work
Housing disclosure, the history maintenance and .nstructions. Four owners, managers or
of lead-based paint, its renovation work contractors receive individual safe work
hazards to children instructions. 20 owners, practice video training and lead-related
and how to use safe managers or contractors regulation training.
work practices when receive individual safe
disturbing paint in work practice video
older housing. raining for the five-year
period
H-1.6 Reduce Lead-Based Average of 40 units will properties built before 1978, two
Availability/ Paint Hazards in receive lead-based paint minor repairs, three owner occupied
ccessibility owner and renter- inspection, hazard control rehabilitations and three homebuyer
of Decent occupied residential eduction work or assistance projects will be completed and
Housing nits as needed. abatement, pass receive lead-based paint reduction work,
inspections and, when ass inspections and meet final clearance
required, meet final in compliance with 24 CFR 35 regarding
clearance over the five- lead-based paint during 2009. For the
year period. omebuyer Assistance Program, only a
visual inspection will be conducted and
ro ertmust ass inspection.
HUMAN SERVICES STRATEGIES
SL-1.2 Meet the basic food 1) Support at least 5,000 la) Support the Community Food
Availability/ needs of the homeless emergency meals and food Center.
Accessibility of and low-income bags a year a) Provide funds to support the
Suitable Living Nutrition Center of AIDS Services
Environment ) Support at least 350 of North Texas to provide an
meals and nutritional food estimated 55 persons with weekly
bags/shops a year nutritional shops.
b) Provide funds to support SPAN who
will provide meals to 350 elderly.
Page 24
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
SL-1.3 Meet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County
Availability/ needs of homeless and emergency shelter Friends of the Family Safe Shelter to
Accessibility of ow-income persons nights of stay a year assist 2,079 people.
Suitable Living ) Support at least 100 2) Provide funds to HOPE, Inc to
Environment individuals/ families support a transitional housing
provided with program for an estimated 40 persons.
transitional housing a 3a) Provide 10 staff hours to support the
year Denton County Homeless Count
3) Provide at least 100 conducted by the Denton County
hours of staff time in Homeless Coalition (DCHC).
support of at least 3 3b) Provide 60 staff hours to support the
projects for the Denton DCHC application for Continuum of
County Homeless Care funds.
Coalition a year 3c) Provide 30 staff hours to support the
Support 250 individual/ DCHC application for Emergency
family units of case Shelter Grant Program Funds.
management and other 4) Provide support to HOPE, Inc 30-90
services to maintain day program.
housing including
prevention of
foreclosure and eviction
a year
SL-1.4 Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County
Availability/ nvironment where coalitions and/or Homeless Coalition in the effort to
Accessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness.
Suitable Living and communities enjoy community initiatives lb) Participate in the Success by Six
Environment strong, supportive to foster and maintain Children's Coalition in an effort to
relationships an environment to improve the lives of children and
promote strong, their families.
supportive relationships lc) Participate in the Denton Information
Support at least 250 Network in the effort to network and
individuals/ family increase collaboration between
units of childcare, after- health and human service agencies in
school and summer the City of Denton.
care, parenting skills, a) Provide funds to three daycares to
and adult education support the provision of childcare to
assistance a year an estimated 499 families.
3) Support at least 200 b) Provide funds to after school/summer
units of domestic care programs and the provision of
violence and sexual childcare for 20 children.
assault direct services 3a) Provide support to Denton County
over a year Friends of the Family for the
provision of domestic violence and
sexual assault victim services
including counseling.
Page 25
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
(Continuation from ) Support at least 100 3b) Provide support to Children's
previous strategy) units of domestic Advocacy Center for Denton County
violence and sexual to provide sexual abuse/assault
osier and maintain an assault prevention services to children and non-
families, where education and training offending families members.
a com nemunitiighbes neighborhoods, s, a year ) Provide support to Denton County
and d communities
strong, supportive Friends of the Family for the
relationships provision of community education
and offender classes to prevent
domestic violence and sexual assault.
SL-1.5 City residents have 1) Support at least 75 1) Provide support the Family Health
Availability/ access to health care to units of health care Care and People's Clinic for primary
Accessibility of be as physically and services a year health care and pre-natal services to
Suitable Living mentally fit as possible a) Participate in at least 2 at least 1263 persons.
Environment coalitions/ a) Participate in the 100% Geriatric
collaborative efforts to Services in Denton County
improve availability of Workgroup in the effort to enrich and
health care especially improve the lives of the elderly.
for low- income b) Participate in the Denton County
persons, elderly, and Federation of the Families effort to
people with disabilities support and promote advocacy skills
b) Support at least 25 in families with children with severe
units of mental health emotional, behavioral, and mental
care services health needs.
INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES
SL-3.1 Street paving and Paving and repaving projects of applicable this year.
Sustainability of repaving, installation of will support 700 people.
Suitable Living curb and gutter.
Environment
SL-3.2 Installation of new Sidewalk projects will Provide funding for new sidewalks on
Sustainability of sidewalks and support 235 people. Anderson Street.
Suitable Living replacement sidewalks.
Environment
SL-3.3 Installation of water and Water and sewer projects will Provide funding for replacement of sewer
Sustainability of ewer lines. support 120 people. lines on Boardwalk, Chambers, Simmons and
Suitable Living Connection of ark Streets.
Environment residential units to
services.
SL-3.4 Installation of drainage 10-15 properties will be of applicable this year.
Sustainability of improvements including affected by drainage
Suitable Living improvements that will 'improvements.
Environment emove residential
properties from
oodplain.
SL-3.5 Rehabilitation and Improvement to at least 2 Provide funding for project at the Denton
Sustainability of expansion of public public service facilities. City County Day School.
Suitable Living services facilities.
Environment
SL-3.6 Improve and/or expand Improvements to least 2 park of applicable this year.
Sustainability of ark facilities including facilities.
Suitable Living pen space, playground
Environment nd other recreational
acilities.
Page 26
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strategy
DEMOLITION STRATEGIES
SL-3.7 Continue to demolish To demolish 25 structures Continued support for the Demolition
Sustainability substandard buildings to during the five-year period. Program with residual funds.
of Suitable improvement the
wing appearance and safety of
Environment neighborhoods
ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES
0-3.1 Support training and Provide economic Provide non-federal incentives to
Sustainability expand training and opportunity by supporting organizations to create jobs. Work with job
of Economic employment activities activities that create jobs. raining organizations to promote training in
Opportunity targeted to poverty and specific areas of need.
very low-income
households.
0-1.1 Expand educational Provide counseling and Provide funding to transitional housing
Availability/ opportunities for those education services to 25-35 providers. Request that information on
Accessibility of seeking transitional transitional housing clients. educational opportunities be provided to
Economic housing or other housing clients.
Opportunity support services.
0-1.2 Encourage support of Over the five-year period 25+ Monitor federally funded projects and work
Availability/ Section 3 goals by local individuals hired for projects with contractors to ensure that Section 3
Accessibility of contractors. by private contractors. requirements are fulfilled.
Economic
Opportunity
0-2.1 Encourage start-up and Provide loan assistance to 25 of applicable this year. Additional funding
Affordability of expansion of micro businesses over the or the Small Business Loan Program is not
Economic micro/cottage industries rive-year period. available.
Opportunity supporting very low-
~ncome households.
BARRIERS TO AFFORDABLE HOUSING STRATEGIES
H-1.6 Continue the following Improve accessibility and Quarterly newsletter will be sent out to
Availability/Ac activities: availability of information on clients, agencies, churches, neighborhood
essibility of homeownership fair, affordable units by providing associations, libraries, recreation centers and
Decent Housing newsletters, public two homeownership fairs, any others. Two public hearing will be
hearings, fair housing quarterly newsletters, at least held during the preparation of the annual
education, and joint public hearings annually. action plan and one during the preparation of
activities with other he performance report.
housing providers.
H-2.9 On an annual basis, Create affordability in Continue to request impact fee grants from
Affordability of request approval and housing through provision of he General Fund for housing non-profits for
Decent Housing funding for impact fee an average of three to five he construction of affordable housing.
grants for producers of grants per year over the five-
affordable housing. year period.
H-2.10 Allocate funding to the Create affordability in Support for Denton Affordable Housing
Affordability of on-profit and for-profit housing through construction Corporation's Nevada Court and Oriole court
Decent Housing organizations that are of a minimum of 75 Project, Habitat for Humanity New
developing affordable affordable single-family and Construction Program and the City's Infill
housing. 100 affordable rental units New Construction Program.
lover the five-year period.
Page 27
2009 PROPOSED PROJECT MAP
With Minority Concentrated areas by Census Tracts
I r ~ 4 r,. ~ ~ ~ ~ ~,1 ~ -r - , ~ L ~
I I~ r~ _l ~ l I f~ t-~~' ~ f I ~j l 111 } UJ-- ~ ~ . . ~ ~ -
~ " ~ If1 _ ~ - ~ is ~ , ~ ~ ~ ~ a t t~ . i ~ ~ ' ~ ~ ~ z ~
1 ~ i, ' ~ I I1II i a ` ~ ~ I Ili I.I ~ y. ~I,I III
k L'~ -d,' T ' f
I ~ C _ ~ - j i _ p ~ 1. Ll_{_ A # _ ~ ~ I a. ~ I ~ ~
i ~ ~ ~ m r ~ ~ ` - ~ ~ _ ~ t~ ~ ~ ~a_ M i n o my 1 ~ ~ ~ ~a _ _ ~ ~ C on ~ ~ ~ I
~y ~ ~ w N 1.
Irtl ~;T~~ f ~ ' ~s~t, ~ r~ b Census Tracts r _ ~1__~ r. r ~ i t ~ I i
i i, i ~ i ~ I f i I -d- t , _ ~ . ,~l t a 1
~ I J~ ~ ~ ~ ~ ' ° ~ ~ ' 31 /0 40 /o
1~ v % r C ~ > I r
~~I ~ ~ ~ _ 1 k 1 , A ~ 1.
- ~ ~v y. 10 ~
I ~ ; - ~ - $rc - ~ n. , ~Y ~ ~ ~ ~ Source: U.S. 2000 ~ ~ E F; ~ z ~ ,r
~ ~ y ~ - i u 1 u t I ~ - Census f ~ r ,i r
k ~ ~ ~ I
r} ' f' y
V I {4} l , I s ~ , l i yid ~ r ~ _
11 - ` ~ i r 1...,,,_ . I''' 6 r t - , - T i ~ ~ ~-r ~ ~~4,,,,
r w - r w ~ F:
2009 Projects and Activities
1. AIDS Services of North Texan 4. Anderson Street Sidewalks
2. Denton City County Day Schools 5. Family Health Care
3. Chambers, Boardwalk, Simmons and Park 6. Denia Summer Program
Sewer Replacement 7. MLK Summer Program
Community-Wide Activities
CDBG and HOME Administration Tenant Based Rental Assistance
Denton Affordable Housing Corp. -Rental HOPE, Inc.
Home Improvement Program Services Program for Aging Needs, Inc
Minor Repair Program
Geographic distribution of proj ects is based on citizen, service provider and City staff input
regarding significant needs in the low-income community, specifically in regard to public facility
improvements. Home Improvement Program activities are limited to low-income areas that are
zoned residential. This is to ensure that substantial amounts of funding are not expended on
housing in areas zoned commercial or industrial, where the zoning transition in the near future,
would no longer allow residential development. Public service activity locations are provided on
the above map, however, services provided by each of the organizations is available to low and
moderate-income households throughout the Denton community.
Page 28
OTHER PROGRAM SPECIFIC REQUIREMENTS
HOME PROGRAM - FORMS OF INVESTMENT
The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable
Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide
subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME
subsidy will be $14,900. This amount includes all investment that enables the family to purchase the
unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5,
7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will
also be $14,900 and is set up as a 5-year recapture period.
According to the promissory note, the borrower agrees to occupy the property as his/her primary
residence for the term of the loan from the execution date of the promissory note and deed of trust. The
borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in
a timely manner. In the event the borrower complies with the terms of the promissory note, deed of
trust and the program, the City of Denton and DAHC agree to release the maker of the note from
payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term
of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and
DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property
is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net
proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If
the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC
can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from
the either program will be used to assist other first-time homebuyers.
Funding agreements and/or contracts with community housing development corporations and/or
subrecipients will include a requirement that the organization comply with HOME regulations in regard
to continued affordability of assisted units.
There are no other forms of investment that are not described in §92.205(b) by the City of Denton.
MONITORING STANDARDS AND PROCEDURES
The City of Denton will complete an annual comparison of the objectives stated in the 5-year
Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will
consider making changes or updates to the 5-year Consolidated Plan.
The City of Denton provides CDBG and General funds to several non-profits agencies and
departments providing supportive services. The City's Human Services Coordinator monitors
agencies on a daily basis. Each year agency staff is provided with training on financial procedures
and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars
to ensure that they have access to pertinent information. Agencies are required to provide quarterly
beneficiary and financial reports. A year-end report is required to detail annual expenditures,
beneficiary information, funding sources and major accomplishments. Each year, the Human
Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit
are completed on all "high risk" organizations. The on-site monitoring includes a review of client
files, financial and accounting records, and procurement procedures. Independent audits are also
submitted and reviewed by the City staff.
Page 29
For the HOME program, a similar process is also followed to monitor the Denton Affordable
Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the
help of the Community Development staff monitors the CHDO on a regular basis to ensure that the
non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual
basis to ensure that all HOME requirements are met. Also, the only rental project not funded through
the local CHDO, is a project that provides transitional housing and services for single-parent
families. This organization is also monitored annually including a review of the client files for
income information.
Programs and projects carried out by the City are monitored daily. Staff maintains checklists on
individual projects to ensure that all required procedures have been completed. The Housing
Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development
Coordinator maintains records for the Homebuyer Assistance Program and the Administrator
maintains records on public infrastructure projects. The Administrator reviews and certifies all
applications prior to provision of assistance. A year-end report that details expenditures, revenue,
beneficiary information and major accomplishments is also required from all City programs and
proj ects.
PUBLIC HOUSING IMPROVEMENTS
The City of Denton has no public housing units.
PUBLIC HOUSING RESIDENT INITIATIVES
The City of Denton has no public housing units. However, City staff will continue to work with
the Denton Housing Authority to promote the Homebuyers Assistance Program to those
currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has
been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies
were included in the Consolidated Plan.
INSTITUTIONAL STRUCTURE
The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure
that hinder effective housing and social services delivery. These gaps include the following with
the City's efforts to ameliorate these conditions during the coming year:
1. Need for more effective communication between housing organizations in the North Texas
area, including those serving the City of Denton. Housing organizations often compete for
resources when coordination and partnership efforts would be more effective.
Work with the Denton Housing Coalition to bring other housing providers and professionals
into the organizations. If funding is available, staff will participate in the North Texas
Housing Coalition that includes larger metroplex communities such as Dallas and Fort
Worth. Form coalitions and collaborative relationships with NTHC members and other area
communities where appropriate.
2. Need for more effective coordination between emergency assistance agencies.
Assist with the development of the Homeless Management Information System including
administration of the second year of a three-year Supportive Housing Program grant received
from US Department of Housing and Urban Development (HUD).
Page 30
3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement
and lack of funding to complete projects. Contractor training along with additional funding
targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation
program.
Community Development housing staff will provide one-on-one training for local contractors
to assist them in becoming familiar with safe lead procedures. Staff will also inform
interested contractors if training on lead hazard control and safe work practices is available in
the area. Expend additional Lead Hazard Control Grant funds recently awarded in a
partnership with the City of Ft. Worth. Use area contractors for work funded through this
grant if possible.
4. Lack of shelter facilities for families and youth.
Work with Denton County Homeless Coalition to develop and support additional shelter
facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness.
Some additional emergency shelter facilities or alternative housing programs should be
available in Denton County within the ten-year plan period.
5. Need for service coordination and referral services that go beyond activities of HMIS,
including application intake, referral and coordinated case management.
Participate in an interdisciplinary initiative by the University of North Texas to create a
countywide information and referral network for community housing, health, and human
services. The City would participate if UNT leads this effort.
6. Lack of coordination of homebuyer/homeowner educational services needed to provide a
higher level of information.
Work with local agencies, lenders, realtors and universities to create a unified vision for
homeownership/homeowner workshops that will provide beneficial information so that
homeowners and homebuyer will be successful homeowners in the near future.
ADDRESSING THE CHRONIC HOMELESS
The Denton County Homeless developed the following steps during the 2005-2009 Consolidated
Plan process to address chronic homeless. These steps are reaffirmed during the 2009/10
program year.
The Denton County Homeless Coalition believes a structured and seamless collaborative system
of services and programs can move individuals experiencing chronic homelessness to sustainable
permanent supportive housing. This transition to sustainable permanent housing is the key to
ending chronic homelessness.
The DCHC point-in-time homeless count taken in March 2004 (Denton County Homeless
Count) identified nineteen sheltered and no unsheltered chronic homeless. It is likely that there
were approximately forty-three chronic homeless that were not counted. These estimates were
created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults
among the homeless population as chronic homeless, to Denton's estimated number of homeless.
At this time DCHC is moving from a coalition philosophy to a community strategy to end
chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for
Page 31
communities with similar demographics, the steering committee decided to take a three-step
planning approach to building a community strategy to end chronic homelessness.
The first step was a small committee conducting research on strategies, stakeholders, goals, and
activities to promote appropriate services for the community and chronic homelessness. In the
fall of 2004, the small group completed their research and provided possible community
directions for review by the steering committee. The Steering Committee used the information
to move to the Step Two of the three step planning approach.
The second step is the identified community stakeholders and possible actions necessary to end
chronic homelessness. Upon review of other successful planning processes to end chronic
homelessness, the steering committee decided to approach local elected officials to sponsor and
convene the community planning process. The DCHC is in the process of completing this step
of the three step planning approach.
The third step is to convene a large community meeting for all identified stakeholders to review,
modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC
expects the community plan to end-chronic homelessness will build from current programs and
services available.
The Denton County Homeless Coalition has identified several obstacles to ending chronic
homelessness including lack of major substance abuse services, healthcare services, and
transportation. These items present significant barriers in moving the chronic homeless from
experiencing homelessness to maintaining a stable environment.
HOME PROGRAM - MINORITY OUTREACH PROGRAM
To ensure employment and business opportunities for minority businesses the City of Denton
will continue to carry out and support the following activities during the program year.
1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce
refer building contractors to the Community Development office to apply to be added to the
active contractors bid list.
2. Will request that general contractors on CDBG and HOME-funded capital projects give
preference to hiring minority or women subcontractors and employees as well as include this
wording in construction contracts.
3. City of Denton's legal advertisement for bids will include the equal employment statement
and encourage minority participation
4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in
Denton informing them about the programs, the assistance and contracting opportunities that
are available.
5. City of Denton will continue to attend the Small Business Development Breakfast on a
monthly basis.
6. City of Denton will continue to comply with all State bidding requirements for Historically
Underutilized Businesses (HUB)
7. City staff will also perform debarment reviews to ensure that no previously debarred
contractors are allowed to participate in projects.
8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local
cable channel in search for contractors and will encourage participation by minority
contractors.
Page 32
LOCAL GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
Page 33
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPWA funds are consistent with the strategic plan.
Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 34
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds It has complied with the following criteria:
Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums
or blight. The Action Plan may also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community, and
other financial resources are not available);
Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2009, (a period specified by the grantee consisting of one, two, or three specific
consecutive program years), shall principally benefit persons of low and moderate income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied by moderate-income (not low-income) families, an assessment or
charge may be made against the property for public improvements financed by a source other
than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 35
Excessive Force It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance to or exit
from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction;
Compliance With Anti-discrimination laws The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC
3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws It will comply with applicable laws.
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 36
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental
assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate Financial Assistance before committing any funds to a project, it will evaluate the
project in accordance with the guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable
housing;
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 37
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph three).
8. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part 21.
Place Name Street City Count State Zip
Community Development 601 E. Hickory, Denton Denton TX 76205
Department Suite B
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules: "Controlled substance" means a
controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)
Page 38
and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a
finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of any controlled
substance; "Employee" means the employee of a grantee directly engaged in the performance of
work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of
work under the grant and who are on the grantee's payroll. This definition does not
include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on the grantee's
payroll; or employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti-displacement and Relocation Plan
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton, Texas 76201
City/State/Zip
(349) 349-8307
Telephone Number
Page 39
Spanish Public Hearing Notes
November 20, 2008
Martin Luther King Jr. Recreation Center
No attendees were present at the public hearing on November 20, 2008.
Public Hearing Notes
November 17, 20007
MLK Recreation Center
Ms. Ross reviewed the information in the 2007 Consolidated Annual Performance and
Evaluation Report (CAPER) regarding the activities that had been completed during the most
recent program year. She indicated that some programs such as the Denton Affordable Housing
Corporation's Affordable Housing Opportunity Program and to some extent, the City's
Homebuyer Assistance Program (HAP) has not been as active due to economic conditions. Ms.
Ross added that activity in the City's HAP has recently been picking up.
Ms. Ross asked for comments and/or questions regarding the past year's activities. Attendees
had no questions or comments.
Ms. Ross reviewed the activities that are eligible under both the CDBG and HOME programs.
She asked those in attendance to provide comments regarding the activities that they would like
to see funded with CDBG & HOME funds. She also passed out a brief survey asking how the
funds should be spent and asked those present to complete the survey and return it to her.
Below is a list of the comments made at the hearing:
• Patrice Lyke provided a written comment and stated that the completion of the sidewalk
projects in the current year budget would solve most of the pedestrian safety problems in the
Panhandle area with the exception of one street. She noted that there is no sidewalk on the
South side of Egan Street and that students attending Denton High School and Calhoun
Middle School must walk on the street at various points in their walk to school. She asked
that sidewalk improvements be extended to cover this area of Egan Street.
• Carolyn Phillips requested that the City consider installing traffic lights at the following
intersections: Bell and Robertson; Woodrow and Morse. Ms. Ross commented that because
these are major thoroughfares and not within a specific neighborhood, it would be difficult to
conclude that the installation of traffic lights would serve 51% low and moderate-income
persons.
• One individual stated that she would like to see a house in the area that the homeless could
stay in and receive food assistance.
• Health care for seniors was noted as another needed service.
Page 40
• Day care for low-income families, particularly young mothers who need to work to support
their children.
• One individual asked about funding to purchase foreclosed properties and if Denton was
setting up a program similar to Fort Worth's. Ms. Ross indicated that this was probably the
Neighborhood Stabilization Program that was part of Congress's recently passed stimulus
package. She added that Denton was working with the State and was trying to get some of
the funding for that program.
• The individual also asked how to obtain information regarding the City's Homebuyer
Assistance Program and others. Ms. Ross provided information with the Community
Development Department's phone numbers.
• Ms. Phillips commented that funding might be used to help minority and women-owned
businesses. She specifically mentioned participation in the development of mass transit and
businesses that would support the transit system.
• It was noted by that an organization known as "Stepping Stones" could use funding to
provide assistance and care to those with Alzheimer's. She asked if the clients had to be low-
income to receive assistance through these funding sources. Ms. Ross indicated that elderly
persons and those with disabilities fall under the "presumed benefit" category and are
considered to meet the low/mod requirement even if they are not in the actual low to
moderate-income range. The possible use of Adult Day Stay for this purpose was also
discussed.
• Gerard Hudspeth commented about code enforcement issues such as tree trimming and
demolition of substandard housing stated that funding should be used to speed up the
process. Ms. Ross explained the recent slowdown in demolition of substandard housing units
and stated that the Code Enforcement Department is working to get the program going again.
She also stated that tree trimming could be set up as a public service under CDBG but, that
funding for other services would have to be cut due to the 15% cap on public services.
• Ms. Phillips asked for an explanation of the Minor Repair Program and whether additional
repairs can be done on a unit if a single repair is less than the $5,000 cap. Ms. Ross
explained that if there is another repair that relates to a health and safety issue or something
that would cause continued deterioration of the structure, such as a roof leak, a second repair
can be completed. However, cosmetic repairs cannot be done. Ms. Phillips asked if the
owner can be paying on a mortgage. Ms. Ross indicated that the owner could have a
mortgage.
The public hearing was closed.
Survey Comments:
"Respite/day care program for clients with dementia. This would enable the caregivers to keep
the clients at home and would provide a break for the caregivers."
Page 41
ACTION PLAN PUBLIC HEARING MINUTES
May 5, 2009
City Council Meeting
The following public comments were received at the May 6th public hearing:
MINUTES FROM 30-DAY COMMENT PERIOD
April 20, 2009 through May 19, 2009
The following comments were received during the 30-day comment period on the 2009 Action
Plan for Housing and Community Development:
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OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 9, 2009
City Hall East Conference Room
Chairperson Ron Aldridge called the meeting to order. He asked if committee members had any
changes to the minutes of December 2, 2008. The members had no revisions. LaNelle Winn
moved that the minutes be approved as submitted. Ray Jordan seconded the motion. The
minutes were approved unanimously.
Denton Affordable Housing Corporation: Jane Provo, DAHC executive director provided a brief
history of the organization. She stated that DAHC had been in existence for 14 years. It is a
certified Community Housing Development Organization, better known as a CHDO under the
Federal HOME program. Ms. Provo added that DAHC partners with the City of Denton to use
HOME funds to serve low and moderate-income households. DAHC has usually asked for funds
for their homeownership program. They made needed repairs to the units and then assisted with
downpayment and closing costs. Ms. Provo stated that the program had worked well until the
last two years. She continued to discuss the problems in the housing market and how it has
adversely affected DAHC's homebuyer program. Ms. Provo stated that DAHC is asking for a
shift this year to use the 15% CHDO setaside funds to make necessary improvements to rental
units. Currently DAHC owns 85 rental units. They are leased to persons with disabilities or
homeless individuals with children. DAHC has set aside some funds for maintenance but, Ms.
Provo stated that as the units age, the maintenance funding is not enough. She noted that these
are hard to serve populations and added that they also tend to be hard on the rental units. Ms.
Provo stated that she believes that this would be a good use of the funds. She feels that these
rental units are an asset to the community and will look better and serve the very low-income
populations. A list of the proposed repairs was included in the application. DAHC is requesting
$92,000 but could cut back on some appliances if necessary. DAHC also request $20,000 in
operating funds. Ms. Provo stated that they have had a tough year and need the funding to keep
the organization going.
Ms. Winn asked if they have had any properties where the owners walked off and left the
property. Ms. Provo indicated that they had not. Ms. Winn asked if they've had properties
available for sale in neighborhoods where there are several others for sale. Ms. Provo indicated
that they have been in this situation. She added that the appraised value of homes has dropped.
She stated that DAHC sold 11 houses last year and made less than $2,000
Gerard Hudspeth asked if there was a worse case number on the $92,000. In other words how
much did they have to have to do the repairs that are most needed? Ms. Ross noted that the
CHDO setaside 15% figure was approx $78,000. So, they would have to be allocated at least
that amount to comply with Federal guidelines.
Ray Jordan asked about occupancy rates in the units. Ms. Provo said that they are usually at
100% with a two-year waiting list. She added that DAHC works with HOPE Inc. to house their
transitional housing clients. Mr. Jordan asked whether lawn care and other services were
included in the rent. Ms. Provo stated that they were. She was not sure how much DAHC would
save if they took off some of those items. She explained that a sprinkler system might seem like
a luxury but they need to make sure that foundations are watered, etc.
Page 43
Cathy Tedrick asked about bidding out the lawn service and noted that perhaps some funds could
be saved. Mr. Hudspeth asked about the amounts stated for the specified work and where they
came from. Ms. Provo said the numbers were developed by their rehab specialist.
CDAC members had some additional questions. Ms. Tedrick asked when the units were built.
Ms. Provo indicated they were built in the late 60's and early 70's. Ms.Winn asked about the
utility allowance in the budget and Ms. Provo explained that DAHC pays water and solid waste.
An inquiry was made as to whether energy efficient appliances would be purchased to replace
those in the units. Ms. Provo indicated that they would be.
Ron Aldridge asked Ms. Provo to discuss the proposed reallocation of existing funds? Ms.
Provo stated that DAHC would like to reallocate $25,000 from 2006 and all of 2007 to make
rental unit repairs. She noted that DAHC would keep the 2008 award available for the
homebuyer program. She added that she realized using these funds on rental units would place
additional demands on City staff to monitor units. It was also noted that the units already have
public money, therefore, all tenants must already be income qualified.
Other questions were asked by members. Ms. Tedrick asked if any of the remaining owner units
could be converted to rental. Ms. Provo indicated that they could not due to the type of funding
used on the projects. Lisa Melby asked how DAHC finds potential tenants and homebuyers.
Ms. Provo stated that they list units in the multiple listing service, use lawn signs, speak to
groups, notices to lenders, etc.
Mr. Hudspeth asked what the schedule was for expenditure of the funds. Ms. Provo stated that
the transfer funds could be spent as soon as the City releases them. New funding would be
available in August or September. Mr. Jordan asked if the units would be renovated while
they're occupied. Ms. Provo indicated that this was correct.
Denton City County Day School: Eddie Garcia, executive director, introduced himself. Mr.
Garcia announced that DCCDS is having an open house sometime in April. He invited the
members to take a tour of the school. Mr. Garcia noted that DCCDS has been around for 52 or
53 years. He commented that just because the day school serves low-income, their belief is that
they don't have to "look low-income." Mr. Garcia described the curriculum offered at the
school. He stated that their fees range from $55 to $85 per week. DCCDS is under same
requirements as for-profit day care agencies. He added that the weekly fee paid by the families
doesn't provide enough funding for repairs and liability insurance. He commented that most
parents fall into the $55 range.
LaNelle Winn asked about the second item - painting exterior with "elastomeric." Mr. Garcia
explains the process and how using the substance to paint the exterior would help preserve the
building. He added that there was a 15-year warranty on the product. Ms. Winn asked about the
exterior storage unit. Mr. Garcia stated that they have a tremendous amount of paperwork and
are running out of storage space for paperwork. Barbara Ross asked if the storage unit would be
"built in" adding that since equipment had to be tracked for its useful life, staff does not
recommend using funds to purchase portable equipment. Mr. Garcia stated it would be attached
to the wall and on a concrete foundation.
Mr. Hudspeth asked about the number of children served and what are their hours. Mr.
Hudspeth also asked about scanning documents rather than keeping hard copies. Mr. Garcia
stated that the State's food program requires original documents with original signatures. Mr.
Page 44
Hudspeth asked if the State gives notice before they monitor. Mr. Garcia noted that it was
usually about two days notice but that they would still need documents with original signatures.
Members discussed electronic vs. hard document copies. Mr. Garcia stated that their service
numbers change almost every day. However, they never go below 77. The maximum is 81.
They consistently have a waiting list. Their hours are 6:30 am to 5:30 pm. Herbert Holl, asked
if the amount requested included equipping the storage area. Mr. Garcia indicated that it would.
Ms. Tedrick asked if they were seeing more middle-income families come in as a result of the
worsening economic situation. Mr. Garcia stated that they were seeing incomes go down. Ms.
Tedrick asked if they had considered adding another classroom. Mr. Garcia said that they had
but that the costs were prohibitive. The committee members and Mr. Garcia continued to discuss
the food program, staff needs, etc. Mr. Garcia stated that it actually takes $123 per child per
week to run facility.
Mr. Jordan asked about the size of storage cabinet. Mr. Garcia responded that it would be 12 X
12, not climate controlled. There was a discussion of bidding procedures. Mr. Garcia stated that
he had to comply with the CDBG requirements for bidding. Mr. Jordan asked about funding
from Denton Benefit League. Mr. Garcia stated that they received $16,000 for new bookshelves.
Ms. Winn complements them on their four star service rating from the State. Ms. Watts asked
about the playground and when it's going to start. Mr. Garcia stated that he had turned in the
documents to Ms. Ross. She stated she would prepare the bid packet and send it back to him.
Minor Repair Program: Gordon Meredith, residential construction specialist, introduced himself.
He stated that the City has had the Minor Repair Program in place since 1996. More than 300
households have been assisted under the program. The program is designed to respond to urgent
repairs that come up in homes owned by low-income families. Mr. Meredith mentioned water
heaters, HVACs systems, plumbing leaks, deferred maintenance and mobile home floors as some
of the more frequent repairs requested. He stated that the program is designed to respond
quickly. They can sometimes assist in a week to ten days, or at the most, within a month. Funds
available are limited to $5,000 per unit incident per calendar year. Mr. Meredith noted that staff
tried to ensure that homeowners did not see the program as their home maintenance program but
also attempted to explain that the homeowner would need to maintain their home. He added that
funds are held in reserve for A/C work during the summer. CD staff is requesting $98,000.
Though this is a decrease from last year, Mr. Meredith stated that this year, none of his salary
would have to come from program. The only other administrative line item is for lead testing.
Mr. Meredith stated that the program is available to those who've lived in home for at least one
year.
Dorothy Watts asked how staff advertised the program. Mr. Meredith stated that they used the
CD Newsletter, it is sent out to some electronically and to others by mail. It's at the libraries and
on the city's website. Staff has also gone door to door in low-income neighborhoods with flyers.
Ms. Ross noted that the newsletter goes out to area churches, social service organizations and
residents who have participated in the programs. Staff asks churches and agencies to
disseminate the information. Mr. Meredith gave the census tracts locations where most repairs
are made. These are traditionally low/mod neighborhoods. Mr. Hudspeth asked what the
census tract number correlate to in terms of areas. Mr. Meredith stated that members could go to
www.census.gov and look up where tracts are. It was noted that any home in the city limits was
eligible.
Page 45
Ron Aldridge asked about the 65% income limit. Mr. Meredith pointed out where the schedule
was in the application packet.
Mr. Holl asked if the assistance was limited to three events per homeowner or per home. Mr.
Meredith stated that there has not been a situation where three repairs were completed on a unit
and then it was sold and the new owner asked for a repair. No guideline has been set for that
possibility.
McKamy-Evers Cooper Creek Bridge: Bob Tickner, Denton Parks and Recreation introduced
himself and Josh Mullen from the Code Enforcement Department. Mr. Tickner described the
Evers Park Elementary School area and the lack of access from the McKamy neighborhood. He
reviewed the park dedication ordinance and stated that the funding had been taken from the
pedestrian way monies. Mr. Tickner stated that there are 60+ homes in the area. He noted that
the neighborhood residents are asking when City is going to build a bridge to provide a safe
route to the school. This is the neighborhood's #1 request. Mr. Tickner further describes the
project. He notes that the bridge would allow children to walk to school and to the park. It is a
safety issue. Mr. Tickner also stated that it would help home sales in the neighborhood.
Ms. Tedrick asked if it would be similar to bridge to Strickland Middle School. Mr. Tickner
responded by showing a picture of the Avondale bridge.
Mr. Holl asked if an area on the aerial photo included vacant undeveloped lots. Mr. Tickner
stated that they were undeveloped lots and that the City had access to easements on those lots.
He also mentioned park dedication fees. Ms. Ross asked if the park dedication fees could be
used for the project. Mr. Tickner indicated that they probably could and/or could also be used
for enhancements to the park.
Mr. Hudspeth asked if there had ever been accidents on other bridges. Mr. Tickner stated that at
the bridge at Fred Moore Park that some fencing was put up to make sure that didn't happen.
There have been no problems at other bridges. He noted that placement of bridge would meet all
of floodplain requirements.
Ms. Winn asked about the construction material. Mr. Tickner stated that it would be constructed
from a steel that rusts but there is a coating that stops it from rusting - maintenance free. Ms.
Tedrick mentioned that boards were coming off the bridge to Strickland. Mr. Tickner indicated
that the Strickland bridge was built by the developer. The type of wood used by PARD will not
deteriorate.
Members discussed the income of the households in the neighborhood. Mr. Tickner and Ms.
Ross stated that the census tract, block group was 57.7 % low to moderate-income. But, there
were no figures for the specific neighborhood. Mr. Jordan asked how many households with
children were in the area. Mr. Tickner stated that more than 3/4's of the households have
children. Ms. Tedrick stated that the units were a little larger than starter home. Mr. Jordan
asked if there might be another route that would be shorter and less expensive to develop.
Members asked for a cost comparison for sidewalks on Locust vs. the bridge. Mr. Hudspeth
added that those from other neighborhoods would have to walk through the McKamy
neighborhood to get to the bridge. Ms. Tedrick pointed out that other homes will be built in the
area and they will eventually feed into the same pedestrian route.
Page 46
There was a discussion of neighborhoods and the additional units that potentially could be built
to the north. Mr. Aldridge commented that this was not normally the population that the
programs focus on. Mr. Hudspeth agreed.
Ms. Ross asked the committee what additional information they needed for the next meeting.
Mr. Holl wanted to know if the bridge is all or nothing.
Members briefly discussed the DCCDS storage unit. Mr. Jordan provided some information
regarding how Denton Christian Preschool stores their paperwork. Members talked about the
safety of outside storage. Ms. Ross pointed out that Mr. Garcia gave prices for each individual
item. Mr. Jordan pointed out that income must be updated monthly for the food program.
Cathy Tedrick made a motion to adjourn. Mr. Hudspeth seconded the motion. The meeting was
adj ourned.
Page 47
OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 16, 2009
City Hall East Conference Room
Ron Aldridge, chairperson, called the meeting to order. Mr. Aldridge asked if there were any
changes to the minutes. Lisa Melby moved that the minutes be approved as written. Cathy
Tedrick seconded the motion. Dorothy Watts asked about the comment regarding the rusting
material on the bridge. Ms. Ross explained that Mr. Tickner said it would be coated with a
substance that would not allow it to rust. Members unanimously approved the minutes.
Mr. Aldridge explained the process for presentation of the AIDS Services grant request. He
stated that he would recuse himself from that presentation. The AIDS Services staff will present.
Ms. Ross explained the advisory nature of the CDAC and noted that this is the reason that the
City's Legal staff stated that this was not a conflict of interest.
Ray Jordan asked staff to inquire as to whether Denton City County Day School had requested
funding for any of the items in their application from any other source. If this was the case, he
asked if any of the requests been funded.
Ms. Ross introduced Rebecca Guthrie of the Engineering Department. Ms. Guthrie used a slide
presentation that described each of the proposed projects. Ms. Guthrie noted that the projects
were provided in priority order. The following are the proposed projects with the number of
households benefitting and the requested amount.
- Chambers St Sewer Line is the most important - 32 hh would benefit, $160,355
- Simmons and Park St Sewer Line - 19 hh would benefit, church & office complex in area
$174,236
- Boardwalk Sewer Line - 23 hh would benefit, $137,860
- Anderson St Sidewalks - 15 hh would benefit, $50,968
- Egan St Sidewalks - 16 hh would benefit, $24,228 on north side of street, citizen request
- Egan St Sidewalk B - 16 hh would benefit, $79,941
- Crescent St Sidewalks - 26 hh would benefit, $71,957
- Crescent St Sidewalks B - 19 hh would benefit, $67,693
- Scripture St Sidewalks - 26 hh would benefit, $179,1112 churches, 2 businesses, no
sidewalks on the south side
Ms. Guthrie explained that if power poles have to be moved, the project costs would increase.
She explained how quickly the sidewalk projects funded last year would be completed.
Gerard Hudspeth asked if there would be an adverse effect if the City upgraded the sewer line on
one street but not the others. Ms. Guthrie indicated that it would not cause an adverse effect.
She added that it would be more cost effective to complete all of them at one time. However, the
difference between a six inch pipe and an eight inch pipe is not that significant. Ray Jordan
commented that he sometimes drives the bus for Denton Christian Preschool. He asked how
they handle emergency services and access for children with disabilities, etc, in these instances.
Ms. Guthrie stated that the contractor must provide access. She added that the contractor can
"plate" the ground if necessary so that vehicles can get through. Dorothy Watts asked how they
Page 48
notify residents. Ms. Guthrie stated that they require the contractor to provide notice to the
residents. The contractor usually carries this out using door hangers. On sewer line work the
owners will be notified by contractor.
Herbert Holl asked if all seven projects were in priority order or were the sewer projects separate
from the sidewalks projects. Ms. Guthrie stated that all projects were listed in priority order.
She said the Engineering Department felt that the sewer projects were more of a priority than the
sidewalks. LaNelle Winn asked if the sewer projects would have a cost to the homeowner. Ms.
Guthrie stated that they would not. Any cleanouts that need to be installed would be at no cost to
the owner. Ms. Winn asked if the entire area is going to be blocked off with limited access. Ms.
Guthrie responded that they would include a schedule in the bid and that the contractor would
work on one street and then move to the next street. Ms. Winn noted that the planning phase
runs from October through November and asked if this was sufficient time for staff to complete
the plans. Ms. Guthrie indicated that it was sufficient time to complete the plans. Mr. Aldridge
re-stated that it would be more cost effective to do them all at once. Mr. Jordan asked if
Engineering worked with the Traffic Department and would there be any temporary traffic
control on these projects. Ms. Guthrie stated that they will have a traffic control plan on the
sewer projects. Mr. Jordan asked why the sidewalks would be installed on the north side rather
than south side of Scripture. Ms. Guthrie stated that it is due to the type of structures that are in
the way and the grade. She noted that the proposed sidewalks would take people directly to the
park. Ms. Tedrick asked what had been the citizen complaints concerning the sewer. Ms.
Guthrie stated that it was mostly "chokes" that cause the lines to have to be flushed. She said
cracks, roots, etc. block the lines. Ms. Winn asked if the sidewalks would be on the edge of
street or set back. Ms. Guthrie stated they are typically not set directly on curb but are set back.
Doreen Rue and Brian Schmedingoff gave the presentation for AIDS Services of North Texas.
Ms. Rue reviewed the services provided by AIDS Services. It was noted that in the early years
they were mainly helping people die with dignity. Also, they garnered support for the agency
and the work they did. Ms. Rue noted that in 1996 new medications were available to help
people and treatment became the focus of the agency. AIDS Services opened a clinic in 1998
and continued to provide support services. The organization then began working on its internal
structure, developing a strong staff. In 2002, they expanded services to homeless persons. Ms.
Rue stated that they are no longer able to house all the services they provide. Currently, 20% of
the people that come into the clinic are found to be HIV positive. It was noted that AIDS
Services is also looking at other indigent populations that need services. The Guardianship
Program was described to the committee.
Mr. Schmedinghoff stated that the agency has two options. They could lease a larger space or
build and save $76,000 per year. Ms. Melby asked what other funding sources were available to
construct the facility. Mr. Schmedinghoff responded that they have an in-kind donation from
Virgil Strange for work on the project and $92,000 in pledges thus far. Other funding will be
foundation grants. He added that AIDS Services will expect a certain percentage of funding to
be committed before they would begin the project. Mr. Holl asked if they had included the "in-
kind" amount in the budget and if not, would budget amount will be reduced. Mr.
Schmedinghoff stated that the "in-kind" was already included in the budget amount. Ms. Melby
asked about the project time frame. Mr. Schmedingoff indicated that the City of Denton funding
would be spent within 16 months of the award.
Ms. Tedrick asked if they had a location. Mr. Schmedinghoff stated that they had no exact
location but that it would be built in the City of Denton. Ms. Rue stated that if possible, it would
Page 49
be on a bus line for easy access. Mr. Hudspeth asked if the organization had looked at
renovation of an existing building rather than new construction. Ms. Rue stated that they have
not found an existing building that could be used for this purpose. Barbara Ross asked if Mr.
Strange understood that the construction would fall under Federal labor standards regulations.
She noted that this often significantly increases construction costs. Mr. Schmedingoff indicated
that he did. The CDAC members and presenters discussed how soon the funding would be
expended on the project. Ms. Ross commented that CDBG funds could not be spent until all
funding for the project had been committed and was available to complete the project. Ms.
Tedrick asked if they had sites in other areas. Mr. Schmedingoff stated that they also have an
office in Plano but that Denton was their main office.
Mr. Jordan asked what would be the downside if they didn't receive this money. Mr.
Schmedingoff indicated that it would probably slow the project down to some extent. Approval
of the funding would help push the project forward. He added that $100,000 from the City
would bring the total pledged up to $450,000 including Mr. Strange's in-kind pledge. Mr.
Schmedinghoff stated that foundations like to see support such as this before they commit
funding to a project.
Mr. Holl asked if AIDS Services had done a feasibility study regarding potential donors. Mr.
Schmedinghoff indicated that they didn't do a full study but had help from a consultant. Ms.
Tedrick asked how many board members have pledged to participate in the funding. Mr.
Schmedinghoff stated that there would be 100% participation and that 7-8% of project costs
would come from the board. Mr. Holl asked how the facility would it reduce operation costs.
Mr. Schmedinghoff stated that it would eliminate lease payments. Mr. Jordan asked about the
size of the new facility. Mr. Schmedinghoff stated that they currently have 5500 square feet and
that the new building would have approximately 8000 square feet. Members continued
discussing the foundations from which AIDS Services may request funds and the marketing of
the project.
Alma Espino introduced herself and explained that she is now the City's human services
coordinator but, had already planned to do the presentation for the Home Improvement Program.
She stated that the request is for $471,401 and that this would provide funding for eight projects.
Some projects would be rehabilitations and some would be reconstructions. Ms. Espino
reviewed the application requirements. She noted that debt to income ratios must be workable
for the homeowner. The program does not want to set people up for failure. Ms. Espino
explained that the amount households pay back is based on a sliding scale. Under the revised
guidelines, elderly households now receive a 5% reduction on their payback requirement. Ms.
Espino added that the program will make units accessible if needed by the family. The program
also ensures that the reconstructs and some rehabilitations will be energy star certified. Staff
provides classes on home maintenance and budgeting to the participating households. Ms.
Espino stated that staff is looking at expanding the current service area but it will still encompass
mainly the older areas of the City.
Ms. Watts asked if the program builds new units. Ms. Espino stated that reconstructs are new
units but that there must have been an occupied unit on the property. Ms. Melby asked about
displaced families and how they are housed during the construction. Ms. Espino stated that most
move in with family but some rent during the construction. She added that it usually takes up to
five months to complete a reconstruction.
Mr. Jordan pointed out that the target area map excluded the UNT area but not the TWU area.
Ms. Espino stated that they would take a look at that. Ms. Ross noted that it is probably because
of the size of the UNT campus that some of the campus area was not included.
Page 50
Mr. Holl asked if staff could you do more units if more money was available. Ms. Espino stated
that the projects take a long time and there is not really sufficient staff to complete additional
projects. Ms. Espino added that there is a waiting list and she recently sent out letters to
everyone on the list. Not everyone will respond.
Mr. Jordan asked about how program income was handled. Ms. Espino and Ms. Ross explained
that all program income from all CDBG sources is estimated and allocated on an annual basis.
The program income for the Home Improvement Program does not go directly back to the HIP
program but can be allocated to any CDBG project. Mr. Jordan asked if the City was loaning the
funds. Ms. Espino stated that the City was providing the loan. Staff looks at the unit and does a
cost analysis to determine the cost per square foot. If the cost per square foot is over the limit set
by staff then a reconstruct is carried out.
Ms. Tedrick asked about the fact that only three projects were completed last year. Ms. Espino
explained the lengthy application process, land/ownership and historic issues that cause delays.
The timing of the program year was also mentioned. Only three projects may have been
completed within the specific program year timeframe but, three more may have been in
progress at the end of the year. Ms. Espino stated that staff has changed the guidelines to make it
easier to apply. Staff is also doing some additional marketing of the program. There is
currently a "hold" list of households with title issues. Several individuals own the property and
the project can start until the ownership is settled. Ms. Tedrick asked if most of $400,000 will be
spent this year. Ms. Espino stated that staff was expecting to have approximately $152,000 left
but it would be spent during the next budget period.
Mr. Hudspeth asked if the program could start a "sweat equity" similar to what Habitat for
Humanity does. Mr. Ross indicated that they must use contractors and that allowing
homeowners to work on a project would probably create additional liability for the City. Ms.
Tedrick pointed out that owners would have a financial investment in these projects rather than
sweat equity. Ms. Ross commented that the City has never foreclosed on a homeowner
rehab/reconstruct. Ms. Watts asked about the normal loan term on a project. Ms. Espino stated
that it was 10 - 20 years depending on the project cost and that the average payment was $100
per month on a reconstruct for a low-income household. Approximately $240 per month is
forgiven. Ms. Watts asked where the information on income guidelines and assistance levels
could be found. Ms. Espino provided the pages in the program guidelines that have this
information. Ms. Winn asked about the interest rate. Ms. Espino stated that it was currently 2%
on the payable portion. Ms. Ross asked members to look at the guidelines to see if they have any
questions or concerns.
Ms. Ross reviewed the history of the City's Tenant-Based Rental Assistance (TBRA) Program.
She stated that at the height of the program, 13 elderly and/or disabled persons were being
assisted. Ms. Ross added that since the Denton Housing Authority has a Section 8 rental
assistance program and the staff needed to manage a rental assistance program was not able to be
funded through the HOME grant that staff made a decision to recommend that the program be
discontinued. No one lost their assistance. As individuals moved off the program, the assistance
was ended and no additional tenants were approved for the program. Currently, there are only
two individuals receiving rental assistance the $8,000 requested will be enough to pay both rents
for the 2009-10 program year. Ms. Ross noted that both tenants are on the Section 8 waiting list
and should receive assistance before 2011.
Page 51
Mr. Hudspeth asked about the difference between CDBG and HOME funds. Ms. Ross stated
that HOME funds can only be used for housing activities. CDBG can be used for housing, social
services, economic development, infrastructure projects etc.
The members continued to discuss issues from the various presentations. Mr. Aldridge asked if
DAHC's unspent funding could be reallocated to other agencies. Ms. Ross stated that the City is
currently under contract with DAHC for use of all the funding allocated to them. However, she
indicated that the provisions of the contract probably allow the City to abrogate the contract if
necessary.
Ms. Ross asked members to complete their ranking sheet and send it back as soon as possible.
The meeting was adjourned.
Page 52
OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 23, 2009
Members Present: Ron Aldridge, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby,
Dorothy Watts, La Nelle Winn
Staff Present: Angel Delgado, Barbara Ross
Ron Aldridge called the meeting to order. He asked members to review the minutes from
February 16, 2009. A motion was made to approve the minutes as presented. La Nelle Winn
asked for clarification on page four of the minutes in regards to the Home Improvement
Program. Barbara Ross responded stating that loans being paid back by the citizens to the Home
Improvement Program will not be given directly back to the program but is available to any
Community Development program. Program income is estimated and is allocated through the
CDAC process. After clarification, Lisa Melby seconded the motion. The motion passed
unanimously.
Ms. Ross pointed out the rankings of the applications on the board. Ray Jordan asked a question
concerning Denton City County Day School (DCCDS). He wanted clarification on whether
DCCDS had requested funding for the activities elsewhere. Ms. Ross stated that she had spoken
with Eddie Garcia and he stated DCCDS had not requested any other funding for these
improvements. Ms. Ross stated that the applications listed on the board were in order by the
scoring of the committee. She stated the total funding requested was $1,942,505 and the total
funding available was $1,288,314, leaving a difference of $654,191.
Mr. Aldridge asked the committee about partially funding Denton City County Day School
(DCCDS). Ray Jordan stated that DCCDS was funded two years ago for paint and they are
asking again to be funded again for painting. Mr. Jordan also stated that DCCDS received
assistance for shelving and is now asking for similar assistance this year. He wanted to state his
concern and see if anyone had similar comments or concerns. Committee members responded
stating that they believed the shelving was for a different area and that instead of a painting issue
this time, it was more for brick repair.
Herbert Holl reminded everyone that there were a few applications that had to be either
completely funded or not funded at all. Mr. Aldridge gave instructions on how the committee
has previously allocated funding. He stated that normally, the committee starts from the top of
the list, with the highest ranking and works through each, deciding whether to fully or partially
fund each one. Once the money is gone, the committee stops.
Mr. Aldridge started with the application for the Tenant-Based Rental Assistance Program
(TBRA). Mr. Aldridge asked the committee if everyone was in agreement to give the TBRA
$8,000. Everyone agreed.
The application for the Chambers Street Sewer Line Replacement was next. Mr. Jordan noticed
that the Chambers Sewer project was the last of the sewage project where funds were requested.
He asked the committee if there was a certain order that the Engineering projects should be
Page 53
considered. Mr. Jordan stated that he felt repairing the sewers was more important than repairing
the sidewalks. Ms. Winn stated that she believed it was critically necessary to repair the sewers
as well. Mr. Hudspeth asked the committee if they could come back to the sewage projects and
move on to see how funding would play out with the other projects.
Mr. Aldridge went on to state that the Denton Affordable Housing Corporation (DAHC) funds
are mandatory and their minimum required CHDO setaside is $78,684. Mr. Aldridge asked if
the committee wanted to allocate more than what DAHC was asking for. Mr. Aldridge
suggested giving the minimum and allocating $20,000 of it to operations. Mr. Hudspeth agreed
along with the committee. Lisa Melby and Mr. Holl asked why the committee was not giving
the whole amount to DAHC. Ms. Ross then explained how the HOME funds were allocated.
Mr. Aldridge asked that if the Home Improvement Program (HIP) was fully-funded, if there
would be any funds from HOME left. Ms. Ross informed the committee there would be $76,000
in HOME left. Due to excess funds, a decision to fully fund DAHC was agreed upon.
The Simmons Park sewer and the Boardwalk sewer were then discussed. Ms. Winn stated that
all three projects should be funded due to health issues caused by these sewers. Mr. Holl agreed.
Mr. Holl suggested taking out the cost of the outside storage shed that Denton City County Day
School (DCCDS) was asking for in their funding application. He stated that he did not think this
piece of the project should be funded due to more urgent projects needing attention.
Mr. Hudspeth wanted to discuss possibly not funding one of the sewers and instead funding a
sidewalk. Mr. Holl questioned how important the sewers actually were. He wanted to know if
fixing these sewers would solve a major problem or if it would just be alleviating a small
problem at this point in time. Ms. Ross stated that the houses within the area were all built at the
same time and would be beneficial to all the homeowners in the area. Mr. Jordan asked if
commercial development used the same sewer lines as the neighborhood. Ms. Ross stated there
was a mobile home park that might benefit from the improvements but she was unsure of the
benefit to commercial development in the area. Ms. Ross also stated that she did not think the
sewers would support new development, but the existing homeowners. The committee
continued to discuss the sidewalk projects.
Ms. Watts asked if the Crescent Street sewer project was funded last year. The committee said
that it was. Mr. Aldridge agreed the sewer projects were more critically in need than the
sidewalk projects. Ms. Watts wondered which sidewalk project would benefit students more.
She asked the committee to consider that most of the high school students drive to school but
that the middle school students like those at Calhoun would not. Ms. Ross pointed out that many
of the Denton High School students do not drive their own vehicles. Mr. Aldridge pointed out
that sufficient funding is still available to support the entire Anderson Street Sidewalks project.
Mr. Aldridge also pointed out that the Engineering Department put the projects in order of
priority and Anderson Street was first on the list. Mr. Holl commented that there was sufficient
funding remaining to provide full funding for this project. Mr. Jordan stated that Anderson
Street was not a through street like Egan Street or Crescent Street. He was concerned about not
reaching beyond that neighborhood. Ms. Winn asked if Anderson Street was next to an
elementary school. Ms. Watts stated that it was next to a middle school. Mr. Holl asked if there
were any sidewalks on Anderson Street at all. Mr. Hudspeth said yes but that they were in
disrepair. Mr. Holl asked if Anderson Street was a part of a system of sidewalks and if so, is it
strengthening the system.
Page 54
Mr. Aldridge asked the committee how the money could be maneuvered in order to support more
projects. Ms. Winn voiced concern of not taking money from the Minor Repair Program. Mr.
Holl asked if any money was expected to come back through from the stimulus package. Ms.
Ross stated yes but at this time, they did not know how much or when it would be available. Mr.
Holl suggested funding the Anderson Street sidewalks, or holding the money back for a certain
amount of time. Mr. Aldridge gave three ideas: pay for Anderson Street, hold the full $69,000
back until the results of the stimulus package were revealed, or take $70,000 from the Home
Improvement Program to put it towards Crescent Street. Ms. Ross stated that it might be
possible to fund something like Crescent Street with the stimulus funding. Mr. Holl suggested
taking $70,000 out of the Home Improvement Program. Ms. Winn voiced her concern about this
idea. Mr. Aldridge suggested funding Anderson Street. Mr. Holl agreed that getting the money
into service quickly was best. Mr. Aldridge stated that there was not enough money to fully fund
one of the new sidewalk projects. Mr. Hudspeth reminded everyone of the order the Engineering
Department had put these projects in and that Anderson Street was first on the list. Ms. Ross
also reminded them that the committee did allocate money for four sidewalk projects last year.
Ms. Winn stated that it was better to complete a project than to start one and not be able to finish
it.
Mr. Aldridge asked if everyone was in agreement of fully funding Anderson Street. Ms. Winn
asked if the extra funds should be placed in the Home Improvement Program. Mr. Aldridge
stated his concerns with it going towards the storage shed at Denton City County Day School.
Ms. Watts asked if the committee should be giving more than HIP was requesting to their
program or if it should be spread around. Mr. Aldridge clarified that the only item at City
County that was not being funded with the CDBG money was the storage shed. All were in
agreement that the Home Improvement Program should be given additional funding over their
requested amount. Ms. Ross read out the recommendations for CDBG and HOME funds. They
were as follows:
Minor Repair Program: $98,000 CDBG
Chambers St. Sewer Line Replacement: $160,355 CDBG
Simmons and Parks St. Sewer Line Replacement: $174,236 CDBG
DAHC Rental Unit Improvements: $112,025 HOME
Denton City County Day School Facility Improvements: $49,530 CDBG
Boardwalk St. Sewer Line Replacement: $137,860 CDBG
Anderson St. Sidewalks: $50,968 CDBG
Home Improvement Program: $102,961 CDBG; $394,379 HOME
Tenant-Based Rental Assistance Program: $8,000 CDBG
Mr. Aldridge asked if there would be a motion to accept these recommendations. Mr. Holl
motioned. Mr. Jordan seconded the motion. Ms. Ross stated that staff would put together the
Action Plan and that it would be available for public comment during the month of April.
The meeting was adjourned.
Page 55
UNOFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
March 30, 2009
Members Present: Ron Aldridge, Sandra Benavides, Gerard Hudspeth, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, La Nelle Winn
Staff Present: Barbara Ross
Lisa Melby, vice-chair called the meeting to order. She asked if there were any revisions to the
minutes or a motion to approve the minutes as presented. Ray Jordan moved that the minutes be
approved as presented. LaNelle Winn seconded the motion. The minutes were approved.
Ms. Ross explained that the City has been awarded an additional $232,917 in CDBG stimulus
funding. She noted that staff is still waiting on specific guidelines regarding any additional
requirements or waivers of existing requirements. Ms. Ross added that the fund must be used to
benefit low and moderate-income neighborhoods and households just as regular CDBG funds do.
She added that there would also probably be some funding for human services. Human services
and administration funding caps may not be as high as the 15% and 20% that they are under the
regular CDBG program. Staff has set up a proposed budget that includes $22,000 for both
human services and administration. This amount is just below 10% of the allocation. The
proposed budget will provide $188,917 for capital improvement and/or housing projects.
Ms. Ross commented that staff is actually a bit ahead of all the CDBG stimulus grant
information but they are trying to include the additional funding in the Action Plan that will go to
Council for consideration in May. This would save time and money and allow the funding to be
used more quickly. She noted that if the budget does not meet the stimulus program
requirements, staff will restructure the budget, come back to the committees, and do a separate
amendment to the Action Plan. It was noted that staff requested submission of projects that
encompassed rehabilitation of existing facilities or housing. Ms. Ross explained that this is due
to the fact that the stimulus funds must be obligated within 120 days and that new construction
projects require a full environmental review. An environmental assessment takes approximately
six weeks to complete. Rebuilding existing sidewalks, streets, sewers or housing would not
require such an extensive review. She added that since the stimulus requires that the funds be
"obligated" quickly and that the sewer and parks improvement project will be carried out by City
crews, that the projects would need to be completed within that time period. If additional
guidance from HUD defines obligation differently from current regulations then, the City may
have a longer time period in which to complete the projects. Ms. Ross stated that the Ruth Street
sewer would be considered "new construction" under HUD guidelines because the line size is
being increased more than 20%. However, it was noted that Ms. Guthrie had indicated that the
design on Ruth Street could be done prior to the completion of the environmental review and that
those costs would be covered from non-Federal funds.
Ms. Ross introduced Becky Guthrie from Engineering to answer any questions about the sewer
projects submitted by the Engineering Department. Gerard Hudspeth asked about the plan to
accelerate the normal process. Ms. Guthrie stated that design costs would be paid by the
Wastewater Department. The plans would be ready to go as soon as funds are released. She
added that either one of the sewer projects could be completed in a six week time frame. Ms.
Ross noted that the 120-day "clock" would begin when the City executes an agreement with
Page 56
HUD for the funding. Ms. Guthrie stated that the Ruth Street sewer line is going from a six inch
to an eight inch because a six inch is now considered substandard. Ms. Melby asked if one
project was more critical than the other. Ms. Guthrie responded that they have had several
service calls on Ruth Street and it is the more critical of the two. She noted that both projects are
needed. Both projects will be carried out by in-house crews and anew method called "pipe
bursting" will be used to replace the lines.
Mr. Jordan asked what the downside would be if the funds were not spent in 120 days. Ms. Ross
explained that currently "obligated" means that a contract must be signed but, that she was
unsure what the requirement may be for stimulus funds. Since there would be no contract, it
might be required that the funds be expended and drawn down from the Treasury.
It was noted that Ruth Street was not included in the projects recently submitted under the
normal CDBG allocation process. Ms. Guthrie explained that since the initial applications were
submitted months earlier, priorities have changed. Ms. Guthrie also stated that these projects
would be completed before those that might be funded through the regular funding cycle. She
also stated that Ruth Street could be split into two separate projects if needed and that she could
run the numbers on that for the committee if requested. Ms. Winn asked how many households
would be affected if the project were split. Ms. Guthrie stated that it appears more households
would be affected on the eastern portion of the project. She stated that she would have to do
house count to be sure.
Ms. Ross stated that Nancy Baker was available to answer any questions about the request for
funding for the Home Improvement Program. She stated that these funds are being requested
because that is an activity that has already been cleared through an environmental review and
expenditure of funds could begin immediately. Mr. Hudspeth asked if there were any limitations
on what could be allocated to the home improvement program. Ms. Ross stated that they could
take any amount and use it in the program. Mr. Hudspeth asked about the level of work that is
completed on housing units. Ms. Baker stated that substantial rehabilitations and reconstructions
of units are carried out.
Jim Mays from the Parks and Recreation Department (PARD) was introduced. He stated that the
proposed pavilion in Fred Moore Park would be 13% larger than the current structure. Mr.
Hudspeth asked if the concrete would also be expanded. Mr. Mays stated that the slab would be
rebuilt and would also be 13% larger. He added that removal and disposal costs would be
covered by PARD. Ms. Winn asked for a clarification on whether the cost of the new slab was
included in the project. Mr. Mays stated that it is included in the requested amount. Mr.
Hudspeth asked if PARD would also be doing the electrical work. Mr. Mays indicated that they
would also do that work. Ms. Winn asked about high winds and their effect on the pavilion. Mr.
Mays stated that the pavilion equipment has been engineered for this area. Members discussed
the electrical upgrades and the benefits of upgrading the service. Mr. Mays stated that the
upgrades would allow for better service to the public. Cathy Tedrick asked how long the current
system had been in place. Mr. Mays stated that it had been several years ago and that some of
the equipment is no longer code compliant. He noted that, in order to host larger productions,
the C.H. Collins stage would need higher amperage. Members discussed upgrading the system
further than was requested to ensure that all bands, etc. could use the facility without renting
additional equipment. It was noted that $200 additional dollars would allow a 300 amperage
system to be installed. Ms. Ross suggested that the administration funding set aside be reduced
to increase funding for the electric upgrade. Members discussed the possibility of adding
electrical outlets in various places throughout the park. Mr. Jordan noted that you might not
Page 57
want to have too many posts with outlets in the park. He added that the primary use of the park
is recreation and this might change the nature of the park. Members agreed not to add outlets to
the proposed project.
Members discussed which projects should be recommended for CDBG stimulus funding. Ms.
Melby stated that the Redwood project plus the pavilion would total $187,420. Ms. Ross
suggested that the additional funding needed for the Fred Moore electrical be taken from the
administration set aside. Ms. Watts asked about possibly splitting up the Ruth Street project.
Mr. Jordan suggested that the stimulus funds should serve a broader population base rather than
just a single neighborhood. Ms. Winn stated her agreement with that concept. Ms. Tedrick
asked whether the stimulus funding would require grantees to bid out projects to provide external
business opportunities. Ms. Ross responded that normally they are bid out but they don't have to
be bid out. Members agreed to recommend funding for the improvements to Fred Moore Park
and the Redwood Sewer project. Ms. Winn made a motion to recommend the Fred Moore Park
pavilion and electric improvements and the Redwood Sewer projects. Ms. Tedrick seconded the
motion. The motion was approved unanimously.
The funding recommendations are listed below:
Fred Moore Pavilion $33,420
Fred Moore Electrical $3,332
Ruth Sewer $0
Redwood Sewer $154,000
Home Improvement Program $0
Members asked when the recommendations would be presented to City Council. Ms. Ross
stated it would probably be in early May and she would get the information out to the committee.
The meeting was adjourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
December 15, 2008
Members Present: Lorn Bortnem, Dalton Gregory, Jan Hillman, Mari Metzgar, Mary Ann
McDuff, Steve Pogue, Dr. Richard Stream, and Jodi Vicars-Nance
Staff Present: Rachel Ingram, Barbara Ross, Angel Delgado, Alma Espino
Staff Rachel Ingram recognized new HSAC member Mary Ann McDuff and asked the members
to introduce themselves and state how long they had participated on the committee.
Chair Jan Hillman called the meeting to order. She asked for volunteers or nominees for chair
and vice chair. Ms. Hillman nominated Jodi Vicars-Nance for chair. Dalton Gregory seconded
the motion. Ms. Vicars-Nance was elected by acclamation.
Ms. Vicars-Nance then asked for nominations for vice chair. Dr. Richard Stream nominated Mr.
Gregory. Mr. Bortnem seconded the motion. Mr. Gregory was elected by acclamation.
Ms. Ingram distributed handouts for discussion of the funding history from 1997 to 2008. Ms.
Ingram made note that there was an increase in general funds from 2007 to 2008 as
recommended by the committee due to continued population increase. Mr. Gregory asked what
had happened with the Fair Share recommendation for the Children's Advocacy Center. Ms.
Ingram stated that the City Council accepted the HSAC fair share support letter and agreed to
fund $26,000 in its fair share amount and approved the $9,000 in general funds recommended by
the HSAC. The total amount awarded to the Children's Advocacy Center is $35,000 for the
2008-2009 fiscal year.
Members discussed the Human Services Advisory Committee (HSAC) procedures. Ms. Ingram
told the committee there were no changes in the internal procedures. Steve Pogue recommended
that the applications be paperless. Mr. Gregory suggested that the committee bring their laptops
to view the applications during the agency presentations. Mr. Bortnem agreed that it would be a
good idea to request that the organizations submit their applications electronically. Ms. Vicars-
Nance requested hardcopies be made available to committee members if preferred. The majority
of the present members agreed that the use of laptops was a viable option to review and view the
applications with hard copies made available if preferred. Mari Metzgar requested that the
organizational website be included on the application. There were no other changes to the
application. Staff will provide flash drives/memory sticks to committee members wanting to use
their laptops and request applicant organizations submit fewer hard copies.
Ms. Ingram reviewed last year's agency hearing format. Mr. Bortnem and Ms. Vicars-Nance
thought the format worked well last year and did not require any changes. The committee was in
agreement with the format as follows: 1) Presentations will be 5-minutes long for organizations
to present relevant agency and funding facts not included in the application, 2) Committee
members will ask questions for up to five minutes, 3) No more than two representatives are
asked to appear and should bring a copy of their application for reference, 4) Additional
handouts are not required at the presentations. If handouts are desired by the organizations for
the presentations, applicants are requested to forward them via e-mail to staff or leave them for
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the HSAC to review after the presentations. The HSAC requests that handouts not be distributed
during the presentations. Mr. Pogue recommended requesting the organizations arrive 30
minutes ahead of schedule.
The following meeting dates were selected:
Application Workshop Sessions, Start Time 9 AM
Monday, January 5, 2009
Thursday, January 8, 2009
*One workshop session is mandatory for organizations wishing to submit an application.
HSAC Application Presentations, Start Time: 6 PM
Monday, February 16, 2009
Monday, March 2, 2009
HSAC Funding Recommendation Meeting, Start Time: 6 PM
Monday, March 23, 2009
The meeting was adjourned at 6:48 PM.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 16, 2009
Members Present: Kami Fletcher, Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann
McDuff, Steve Pogue, Dr. Richard Stream, Jodi Vicars-Nance, and Angie Jester
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order. Staff Barbara Ross introduced Alma
Espino as the new human services coordinator for the City.
Ms. Vicars-Nance asked if there were any changes on the minutes. Hearing none, she asked for
a motion. Lorn Bortnem made the motion to approve the minutes from December 15, 2008. Dr.
Richard Stream seconded the motion. The minutes were approved as written.
2009-2010 Human Services Applicant Presentations:
Court Appointed Special Advocates (CASA) of Denton County
Lauren Travis, Development Associate and Dixie Berry, President of the Board of Directors
were the first presenters. From 1998 to 2006 there was a 12% increase. From 2003 to 2006 it
was a 20% increase. Recent initiatives by Child Protective Services decreased services provided.
Not as many children are being taken from their homes. They are also looking to get new space.
They are fully staffed but do not have sufficient room for all staff and a training center. In 1998,
CASA only had four staff members, now they have ten staff members and many more
volunteers. With the support of the City of Denton, they have been able to serve 3,491 children
that were not safe in their homes. Their goal since 1998 has been to serve 100% of children.
They have served all but 416 children since 1998 in Denton County. It was noted that if CASA
is not funded by the City there would be a lot more than 416 children that wouldn't receive
services. As mentioned in the application, approximately 46% children served last year were
from the city of Denton. It was noted that the downturn in referrals would probably not
continue.
Ms. McDuff asked why they asked for only a portion rather than a full salary. Ms. Travis stated
that she was unsure why it was only a portion. Ms. Vicars-Nance suggested that it was probably
the history of what they've received in the past. Ms. Travis stated that she would get an answer
and have it forward to them.
Ms. Jester asked if they worked with the Nelson center. Ms. Travis said there is no formal
relationship, but that they have worked with them.
Ms. Vicars-Nance noted that they are doing a little bit better with their diversity. Ms. Travis
stated that they have a committee that is set up to look at diversity issues. Ms. Berry stated that
they were having difficulty getting a Hispanic on the board, but that the committee was looking
into this.
AIDS Services of North Texas
Susan Stambaugh, Director of Clinic Services and Andre English, Nutrition Center Coordinator,
introduced themselves. Ms. Stambaugh thanked the committee for funding AIDS Services last
year and has been funded by the City for many years. She noted that the Federal funds for food
services are going away. Federal funds are all going to medical care and medications. Yet, the
basic needs of food, housing and transportation are still present and still very necessary. Ms.
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Stambaugh noted that they will lose approximately $40,000 in funding next year. In January
2008, AIDS was serving about 75 city of Denton clients. This January, 122 of their clients were
from the city of Denton. It is anticipated, due to the economy that the number requesting
"shops" (one week of groceries) will continue to go up for clients from the city of Denton. It
was noted that 25% newly diagnosed go from HIV to AIDS diagnosis in the first month. This is
due to people waiting to come and get tested. Ms. Stambaugh added that there has been an
increase in 18 to 30 year olds and the number of students.
Steve Pogue asked if fund raising was getting more difficult. Ms. Stambaugh stated that it was.
She noted that their Hearts and Heroes event may not have been as successful as in the past. The
Food Pantry has done four or five large food drives this year.
Dalton Gregory asked if their food was different from those of other food services. Ms.
Stambaugh stated that it is more supplemental and it is high protein foods.
Dr. Stream asked if they believe the current administration will increase funding. Ms.
Stambaugh responded that she did not think that would be the case.
Ms. Jester asked if the number of 37 staff members was correct. Ms. Stambaugh stated that they
have three sites and the staff number includes the Guardian Program.
Mr. Stream asked how much it costs to feed one individual per month. Ms. Stambaugh stated 30
to 35 dollars per week, so, approximately $132 per month. Lorn Bortnem asked what food bank
they use. Ms. Stambaugh stated that it was the Tarrant County Food Bank.
Denton County Children's Advocacy Center
Dan Leal, Executive Director and Jim Martino, President of the Board of Directors, introduced
themselves. Mr. Leal discussed the agency's mission. He noted that they work closely with the
City of Denton Police Department and reviewed other agencies that they work with. He stated
that they do group as well as individual counseling. They assist families where children are the
victims of abuse and help agencies that are investigating Mr. Martino asked that the committee
continue to request that the City support the "fair share" request to the Council. Mr. Martino
noted that they are beginning to get support from almost all of the cities in the County. Mr. Leal
stated that it would not come out of the Police budget, but would be a separate line item.
Mr. Pogue asked if the smaller towns were kind of looking at the larger cities. Mr. Leal and Mr.
Martino stated that Denton's support did help get support from others. He stated that Alma
Espino had an updated chart.
Ms. Jester stated that the grant was very well written. Mr. Leal noted that many crimes continue
if children don't receive treatment and no Advocacy Center is available to assist. He discussed
the agency's excellent relationship with the Police Department. It was noted that they had
requested "fair share" funding a couple of years before receiving assistance. The Denton Police
Department did a comparison of what the costs would be if they had to provide the services. Ms.
McDuff asked if the new chief was supportive. Mr. Leal stated that he believed he was.
Mr. Pogue asked about the amount of the fair share for last year. Staff would look into the
amount and the chart would be emailed to committee members.
PARD Playground Programs
Kathy Schaeffer introduced herself. She explained how the Owsley and the MLK Summer
Playground programs work. This year she's asking for space at Immaculate Conception Church
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for the Owsley program. They provide a day camp, with field trips and swimming. The MLK
program takes place at MLK and they have a similar program.
Jodi Vicars-Nance asked what would happen if they didn't receive funding. Ms. Schaeffer stated
that they would have to lower their number of children served. The waiting list gets longer. The
programs are based on income.
Kami Fletcher asked about the funding. Ms. Schaeffer stated that they try to raise funding and
there is some City funding for this year. She stated she was trying to fund 84 programs.
Ms. Vicars-Nance asked about whether these are drop-in programs. Ms. Schaeffer talked about
how they handle attendance.
Ms. Fletcher asked what the difference in costs is for King's Kids and Denia. Ms. Schaeffer
stated that it is the same amount for both camps. She is unsure as to why the transportation was
taken out of one of the requests.
Mr. Stream asked why this wasn't a line item for the City of Denton. Ms. Schaeffer stated that
they had put together supplemental packages.
Ms. McDuff discussed that this would be a good opportunity for community service
organizations.
Mr. Pogue asked if they can try to find funding for these programs. Ms. Schaeffer stated that the
Parks Foundation could.
Communities In Schools
Hillary Talatzko, board member introduced herself and Courtney Molchan, Director of Research,
Development and Grants and Gary Henderson, Chief Executive Officer. Ms. Molchan discussed
the programs and key metrics for 2007-08. They have expanded from 4 programs in 2007-08 to
12 programs in the area. They case manage students and Denton ISD is one of their largest
service areas. Due to application rules on when to reapply, their Department of Education grant
went away and they lost some programs there. Some of their largest donors have also quit
providing funds, so some programs had to be closed, but others have been opened. No programs
have been closed in Denton. They now have an operating budget of $2.25 million. Ms. Molchan
referred to the statistics in the handout provided. She walked the committee through the
organization's growth plan. If the plan is reached there will be 19 programs serving 1900
students. They are also requesting funding because in spite what they are doing they are still
only serving 24% of the service population.
Mr. Gregory asked how they determine which schools to serve. Communities in Schools looks
at several variables like the economically disadvantaged or special needs in each school.
Redistricting can change demographics.
Ms. Fletcher asked where the $12,000 would be going. Ms. Molchan stated that it will serve the
city of Denton thru personnel salaries for staff that provide direct services.
Dr. Stream asked about performance measures. Ms. Molchan stated that they use 1) stay in
school, 2) promotion rate, 3) academic performance, 4) behavior and attendance, 5) promotion
and 6) graduation rate. Dr. Stream asked about referrals. Ms. Molchan explained the process
and what organizations they get referrals from and the reasons for referral. It was noted that WS
Ryan was one of the schools that they are targeting for a new program.
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Ms. Fletcher asked about the feeder programs for tracking children after receiving assistance
from the programs. Ms. Molchan explained how the feeder programs work. She noted that they
are trying to get a program at Ryan High School to finish their feeder program for many children.
Day Stay For Adults
Andre Villarreal, Executive Director, introduced himself He stated that Davita Goodall,
Activities Director, would probably be coming in. Mr. Villarreal explained the services provided
by Day Stay for Adults. He stated that they will be trying to expand their services to include
Home and Community Services (HCS) to assist those with disabilities and/or a medical need.
He gave the example of an Alzheimer's patient that was physically in good shape. Mr. Villarreal
also stated that transportation is a great need. Now there are pockets all over the County that are
not receiving transportation services. He stated that they have been talking to the transportation
agencies to get service for these households. Mr. Villarreal also noted that they would soon be
moving. The State inspection is scheduled for the 24th and they will be able to move in on the
25th of this month. The new location is in Corinth. Mr. Villarreal invited the committee
members to attend their Open House. He noted that they will also take over the building in
Lewisville that the Advocacy Center is currently using.
Ms. Vicars-Nance asked about the HCS services, and if the plan was to serve current recipients,
since the waiting list is about 12-15 years long. Mr. Villarreal stated that he believes that he will
serve people who are currently on the program, but are not receiving the types of services they
offer. This group will include people who are younger, with mental and physical disabilities, but
are in need of care during the day. Ms. Vicars-Nance asked if the HCS clients would be served
separately. Mr. Villarreal replied that the new facility will allow for different programs on each
side. He did note that different groups of people can be served by the programs together.
Dr. Stream asked about the budget and the funding for meals. Mr. Villarreal stated that there are
38 clients enrolled but they don't always show up everyday. The Medicaid clients usually come
in every day, but the private pay clients do not. Dr. Stream stated that they are averaging 25
clients per day about 5 days per week. Mr. Villarreal explained why they do not cook their own
meals on site.
Mari Metzgar asked about the daily cost. Mr. Villarreal stated that services average about $44
per day and reviewed the services that are provided for that amount.
Denton Christian Preschool
Judy Royal, Director, and Alicia Blanca, Assistant Director, introduced themselves. Ms. Royal
gave some statistics regarding free and reduced lunch children currently in kindergarten in
Denton ISD. She stated that this shows how many low-income four-year-olds in the City that
need programs similar to those provided at Denton Christian Preschool. This amount continues
to increase. Ms. Blanca discussed the waiting list and how long families wait to get their
children in. They have children as long as 6 months on the waiting list. They have over 200
names on the waiting list.
Mr. Pogue asked about whether some statistics were from Denton ISD. Ms. Royal stated that the
statistics were obtained from the DISD nutritional coordinator.
Mr. Stream asked if they provided transportation. Ms. Royal stated that they do. They have
their own buses. Ms. Metzgar asked how the transportation worked. Ms. Royal said that they
limit transportation to local areas. Transportation is not provided to Sanger.
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Dr. Stream asked how they work with such a large waiting list. Ms. Royal stated that they have a
committee of volunteers that include teachers, volunteers and staff, who look over the
applications. They look at various at-risk guidelines of DISD, like single parent households,
very low-income, etc. Teams of two actually visit the homes and then decisions are made as to
who can attend.
Ms. Fletcher asked if they had a class where they're teaching Spanish. Ms. Royal stated that
their program is intended to get the children ready for school, so they try to teach the Spanish-
speaking children to speak English. She noted that in many instances the English-speaking kids
do learn Spanish.
Denton City County Day School
Eddie Garcia, Executive Director, introduced himself He provided a history of the day care.
Mr. Garcia stated that they try to provide more than just a safe place for the kids. They try to
help them transition to kindergarten. Mr. Garcia stated that they take good care of the facility
and most families are pleasantly surprised by the cleanliness of the building. It was noted that
DCCDS must comply with the same requirements as for-profit day cares. Mr. Garcia
commented that fees range from $55 to $85. This is much lower than for-profit day cares.
DCCDS also provides their employees with benefits and a good work environment and this
supports longevity. Some of the teachers have been at the school for 11 years. He added that
costs continue to go up.
Ms. Fletcher asked if they serve infants. Mr. Garcia stated that they did at one time, but they are
no longer able to do that due to State requirements.
Mr. Gregory asked what their capacity is. Mr. Garcia stated that they are licensed for 120 but
only serve about 85. He added that the building was too small for 120.
Ms. Metzgar asked what the actual cost to serve each child was. Mr. Garcia stated that it is
$123. Mr. Gregory asked about other funding. Mr. Garcia responded that they get funding from
the State's food program.
Dr. Stream asked how DCCDS's program differs from Denton Christian Preschool. Mr. Garcia
stated that they are a full-time day care and he did not believe that DCP was full-time but, he was
unsure. They also take children from 2 to 5 and in the summer from 5 to 10.
Dr. Stream asked about the criteria for acceptance. Mr. Garcia stated that they must meet the
income requirements. Acceptance is left up to the director and assistant director. They follow
guidelines and make the decisions. They do have a waiting list but the number of children
varies.
Mr. Gregory asked what the most recent improvement was. Mr. Garcia stated that the gym was
built in 2003. Other smaller improvements have been funded with CDBG funds.
Mr. Garcia invited the members to the Open House in April.
Members discussed visiting the sites. It was determined that members could call and set up a
visit. Ms. Espino will email the agencies and let them know that the members may be calling.
Ms. McDuff stated that the only agency that provides infant care is Fred Moore Child Care.
Lorn Bortnem moved that the meeting be adjourned. Ms. Jester seconded, the meeting was
adj ourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
March 2, 2009
Members Present: Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann McDuff, Steve
Pogue, Dr. Richard Stream, Jodi Vicars-Nance, Jan Hillman and Angie Jester
Members Not Present: Kami Fletcher
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order at 6:07 pm. Dalton Gregory pointed out that
it is Texas Independence Day. Alma Espino made some announcements and asked members if
they received the emails and attached documents she sent out. She asked about the possibility of
changing the next meeting to an earlier date. Committee members agreed to keep the March 23rd
meeting date. The committee members agreed to email Ms. Espino the evaluation forms as soon
as possible. They are due by March 12th. Angie Jester was introduced as a new committee
member.
Ms. Ross stated that the City will receive $232,917 in CDBG and some of that may be eligible
for 2008-2009 human services. She will advise the committee as soon as this information is
made available.
Ms. Vicars-Nance asked if members had reviewed the minutes from February 16, 2009. She
asked for corrections. She noted that her name was spelled incorrectly in the first paragraph.
Mr. Bortnem moved the minutes be approved. Ms. Jester seconded the motion. The minutes
were approved as corrected.
2009-2010 Human Services Applicant Presentations:
Plano Community Home Sponsor for Fairhaven
Molly Mann, Campus Administrator, represented Fairhaven. She is requesting funding for a
service coordinator. Ms. Mann described the tasks that the service coordinator carries out. Ms.
Mann discussed some additional goals for the facility such as expanding transportation for the
residents. She noted that they had hired a development director who is working to find
additional resources for the organization. Ms. Mann explained that the residents are somewhat
frail and this is why the service coordinator is needed.
Dr. Stream asked about the low occupancy levels at Fairhaven. Ms. Mann explained that they
are having difficulty getting additional tenants. The center is unique because it offers up to 3
meals a day and is a step between independent and assisted living. She noted that Fairhaven is
an older facility, with 50 apartments. The rooms are small and many of those who can live
independently want a larger space. She stated that if Fairhaven were to close, the service
coordinator could be transferred to Fairoaks.
Mr. Gregory asked if Plano Community Homes is a non-profit. Ms. Mann said that it was.
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Ms. Vicars-Nance asked when Plano Community Homes took over. Ms. Mann responded that
they took over in 2006.
Dr. Stream asked if the program was viable for another facility. Ms. Mann stated that if the
center closed the service coordinator could be transferred to Fairoaks. It has the same mission
and goals.
Dalton Gregory asked if the position was full or part time. Ms. Mann stated that it was full time.
Ms. Vicars-Nance asked why only one board member was from Denton. Ms. Traylor stated that
various members had been from Denton, but that a change to the board had occurred after Plano
Community Home took over.
Ms. Ross explained that the funding is provided as a reimbursement for services and doesn't get
paid up front.
Family Health Care
Patrice Capan introduced herself as Executive Director of Family Health Care. She noted that
they have admitted 307 women into the clinic, over 43% are from Denton and 22% qualified for
City of Denton funds. City funds have been used to help women who are not yet on Medicaid.
The process to get on Medicaid can take 3 to 4 months. It is important to be seen during this
time to receive proper prenatal care. Also, most physicians will not accept a client who has not
seen a physician in the first 20 weeks of their pregnancy. This money helps the clinic serve
individuals as they are waiting on other funding sources. She added that they accept all kinds of
co-pays and Immaculate Conception helps pay for labs if the individual has no funding.
Dr. Stream asked if they were undocumented aliens. Ms. Capan stated that some of them are.
This program gets them into early prenatal care.
Mr. Pogue asked why she didn't ask for more funds. Ms. Capan stated that the CHIP Prenatal
program has been helping and so they didn't need as much.
Mr. Gregory stated asked why they only served 74 of the 84 projected for 2007/08 year. Ms.
Capan stated that it had gone down due to other funding sources being available. The first visit,
prior to receiving assistance from Medicaid or other programs, is very important.
Mr. Bortnem asked why Denton numbers were down. Ms. Capan stated that it was due to access
to other funds.
Fred Moore Child Care
Laura Williams, Executive Director and Jason Adamson, Board President, introduced
themselves. Ms. Williams stated that they are the only agency that provides day care for infants
and toddlers. There is no sliding scale for infant care, which is $90 per month. Other day cares
charge an average of $190 compared to Fred Moore's $90. The center can have up 90 children,
but the average is 65. Mr. Adamson stated that the debt to the IRS has been repaid and there is
only a small amount ($4,000) owed by the agency. He reviewed the board committees and
groups that have been set up. He also noted what the board has been working to build a strong
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foundation for Fred Moore Child Care. He added that he believes Fred Moore will do well. They
are currently working on fundraising.
Mr. Pogue commented that most of the changes were board initiated rather than staff initiated.
Ms. McDuff stated some of the positive things about the agency and that they are also supported
by United Way.
Dr. Stream stated that he was concerned about the protocols including parent involvement. He
asked how much training is given in parenting. Ms. Williams explained how the parents
participate and the training that is available to them.
Mr. Pogue asked about the increase in tuition and how that will affect the families. Ms. Williams
explained that in the last seven years tuition had been raised only $12. Raising tuition is a
burden, but based on what is available they are still providing a low cost program. Currently
they care for 12 infants.
Ms. Ross asked how the $90 for infant care cost was determined. Ms. Williams stated that infant
care cost is usually higher, above $120.
Ms. Metzgar asked how often the board meets. Mr. Adamson stated that they meet monthly but
will soon meet quarterly. Committees meet between those dates.
Mr. Pogue asked about monthly statements. Mr. Anderson stated that several board members
were reviewing monthly statements.
Members discussed visiting the facility.
HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS)
Barbara Atkins, Executive Director of HOPE introduced herself and Carl Seiler, Project
Coordinator, who manages the HMIS. Ms. Atkins described the services provided by HOPE.
There are over 600,000 homeless and 1.35 million children, the hidden homeless. Ms. Atkins
also described the goals of the agency and how they plan to strengthen the agency. She noted
that the HMIS is working on several things including "point in time" homeless count. She stated
that the information will be helpful for many organizations. They are currently doing an Annual
Homeless Assessment Report. They want to move toward data sharing and allow agencies to
avoid duplication. Ms. Atkins noted that four local agencies, including the HMIS were funded
under the Supportive Housing Program grant. She read a portion of the letter from the US
Department of Housing & Urban Development.
Ms. Jester asked about other agencies that would want to share data. Ms. Atkins mentioned Our
Daily Bread and some church groups. Ms. Atkins reviewed the current agencies that participate
in the HMIS. She noted that agencies must participate in the HMIS before they can request
Federal homeless funding.
Ms. McDuff asked about Interfaith Ministries. Ms. Atkins stated that Interfaith currently has
their own database and they are discussing how to share data without compromising confidential
issues.
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Mr. Pogue asked for clarification on the HOPE website. Mr. Seiler explained that there is not a
website for HOPE, Inc. Ms. Atkins stated that they are working on a website for the Denton
County Homeless Coalition.
Mr. Gregory asked about families that become homeless and they don't realize that they now
have a special status. He asked if any of the agencies that serve homeless provide this
information to their families. Ms. Atkins stated that they have relied on the school districts but
that agencies could put out more information.
Ms. McDuff asked about HELPNET and commented on the need for this centralized data
system. Mr. Seiler explained that the current system could handle quite a bit of social service
data. So, there is the possibility of expanding the system. Ms. Atkins added that there were
issues with all the current different databases, regulations per accessing data and how to access
the different data.
Mr. Pogue asked about putting the "point in time" homeless count on the web, so that others
could use the information. Ms. Atkins explained that the data was in the process of being
compiled.
People's Clinic
Mary Freemon, Executive Director of the People's Clinic explained the services provided by the
agency. She stated that the funds would help people get x-rays or prescriptions that they cannot
afford.
Dr. Stream asked about the Kiwanis group and the funds that they provide. Ms. Freemon stated
that these funds go to pay for services the families cannot afford.
Mr. Pogue asked about their United Way funding from the previous year. They had requested
$15,000, but only received $631. Ms. Freemon stated that is what she had been awarded. They
are currently working on a funding request and United Way would be visiting next week. Ms.
Freemon also stated that they are getting membership to allow them to get Medicaid dollars. She
noted that they have not seen the increase in volume that they anticipated.
Mr. Gregory asked about why the People's Clinic had not been funded in 2008-09. Ms. Freemon
stated that the previous staff had missed the deadline for the application.
Ms. McDuff asked about their work with Interfaith Ministries. Ms. Freemon stated that
Interfaith is available to assist with client expenses or sometimes Interfaith clients are seen at no
charge. They also don't charge to see people from the local shelters. It was noted that they refer
patients to Interfaith to get prescriptions.
RSVP
Diana Corona, Executive Director, and Judy Smith, Special Projects Coordinator, of RSVP
introduced themselves. Ms. Corona described the mission of the agency and how their
volunteers are going to be needed to meet community needs. She noted that Denton has
excellent services for seniors. RSVP is a key player in keeping older adults engaged in their
community. Ms. Smith reviewed some new initiatives from RSVP - consulting services for non-
profits and the Renaissance Apartments after school program for at risk children.
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Dr. Stream asked about the fact that there may be fewer seniors who are able to help. Ms.
Corona stated that she didn't think that this would be the case. She added that some have had to
go back to work, but people are still volunteering. Ms. Smith stated that they have a lot of
requests for volunteer opportunities on Saturdays or at night.
Dr. Stream asked about Robson Ranch volunteers. Ms. Smith reviewed several of the activities
that these individuals participate in.
SPAN
Linda Leukel, Executive Director, and Richard Taliaferro, Board Chair, introduced themselves.
Ms. Leukel noted that hunger is a reality for seniors. She stated that it exists in our community.
Ms. Leukel stated that they feed hot meals to the elderly every day. She described some of the
additional things that the agency does and how they partner with other groups in the community
such as the Police Department, to ensure the health and safety of seniors. Ms. Leukel stated that
the CPI has continued to increase and is asking for an increase in funding if it is available.
Mr. Gregory asked about the CPI. It was noted that it is the consumer price index.
Ms. McDuff asked about their "pet" program. Ms. Leukel stated that they have several different
donors that provide food for the pets of seniors.
Mr. Pogue asked about the 2007-2008 budget figures. Ms. Leukel stated that the figures had not
been available at the time the application was completed. She indicated that she would get the
budget data to the committee.
Mr. Bortnem asked where they got their meals. Ms. Leukel stated that it comes from Valley.
She described earlier days when they cooked their own food.
Mr. Gregory asked if they still provide congregate meals to get people out of their homes and
interacting with others. Ms. Leukel stated that they still provide this and are expanding the
program. It was noted that some volunteers had to stop because of the price of gas. She stated
that each volunteer delivers about eight meals a day.
Camp Summit
Lisa Brazel, Camp Director and Carla Weiland, CEO, introduced themselves. Ms. Weiland
explained how their programs assist families and benefits the individual being assisted. She
described a specific camper's experience. Ms. Brazel stated that their program is unique because
they serve adults. She added that there have been a significant number of adults in the program.
Money does stop many people from attending camp. The City of Denton funds are very
important to their program.
Dr. Stream asked about their service numbers. Ms. Brazel stated that they serve about 1200
people on an annual basis. During the summer camps they serve about 754 in 10 sessions that
are a week long.
Mr. Gregory asked about their potential move. Ms. Weiland stated that they are still waiting and
raising money. They will move toward Sunset, which is in a more rural area about 70-85 miles
from their current location.
Page 70
Mr. Bortnem asked exactly what the funding requested would be used for. Is the money strictly
for city of Denton individuals? Ms. Weiland said it would assist Denton residents.
Dr. Stream asked if these were persons with physical and developmental disabilities. Ms.
Weiland stated that they have one or both physical and developmental disabilities.
Mr. Gregory asked about emergency services in their new area. They discussed services that are
currently available and what would be available in the new location.
Denton County Friends of the Family
Wendy Trayler, Program Development Coordinator introduced herself. She described their
services and stated that they are the only agency in Denton County that provides shelter services
for victims of domestic violence. She noted that an average shelter stay is 27 days. Clients are
offered transitional housing and counseling services.
Mr. Gregory asked if they receive funding from the City of Lewisville and other cities. Ms.
Trayler stated that they do receive funding from the City of Lewisville.
Mr. Pogue asked why their grant funding was going down. Ms. Trayler stated that they lost
funds last year and will probably not get that back. Fund raising is down. She noted that they
have a fundraising event coming up at the Hilton Garden Inn in Lewisville.
Mr. Pogue asked why their rent was going up. Ms. Trayler stated that it is going up because they
have a larger facility.
Ms. Jester asked if they served only Denton and was it a 24 hour facility. Ms. Trayler stated that
their facility and crisis line were available 24 hours a day. She added that there also had to be
space available in the shelter. If no space is available the client is referred.
Mr. Pogue asked how often they refer. Ms. Trayler stated that they refer 4-5 times a year.
Ms. Jester asked if they are referred to another city if no space is available. Ms. Trayler stated
that transitional housing for the night can be made available until a space opens up in the facility.
Dr. Stream asked if the agency provided services to battered men. Ms. Trayler stated that they do
provide services, but not in the shelter. The shelter is for only women and children.
Ms. Jester asked about the money made at the thrift center, she noted that it was quite a bit. Ms.
Trayler stated that the community had been very generous.
Ms. Espino reminded HSAC members to email their evaluation forms to her as soon as possible.
They are due by March 12th. Committee asked how much was available in funding. Ms. Espino
stated that there was $131,389 in CDBG funds available. In 2008-09, the City of Denton
provided funding of $119,602 in general funds.
The meeting was adjourned.
Page 71
UNOFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
March 23, 2009
Members Present: Lorn Bortnem, Dalton Gregory, Mari Metzgar, Mary Ann McDuff, Steve
Pogue, Dr. Richard Stream, Jodi Vicars-Nance, Jan Hillman and Angie Jester
Members Not Present: Kami Fletcher
Staff Present: Barbara Ross and Alma Espino
Chair Jodi Vicars-Nance called the meeting to order. She asked for any announcements. There
were none.
Ms. Vicars-Nance asked if members had reviewed the minutes from March 2, 2009. She asked
for corrections. A correction was noted. Mr. Bortnem moved the minutes be approved. Ms.
Jester seconded the motion. The minutes were approved as corrected.
Ms. Espino provided the committee with a summary of their assessments that included an
average allocation amount. Ms. Vicars-Nance asked the committee how they wanted to discuss
the recommendations. Mr. Gregory stated that he calculated that they are about 2.4 percent over
the budgeted amount. He added that he went down the list and took out the 2.4 % except for the
HMIS, which needs to be fully funded. However, he noted that the committee would still want
to talk about specific requests where fewer members were interested in funding. Ms. Vicars-
Nance stated that she did not think it was a good year to request additional funding. She
requested that staff to take out the highest and lowest numbers on the chart to see how this would
affect the total average allocation amount. Per staff the total amount did not change
significantly.
Members agreed that they would review the list of requesting agencies, discuss the amount of
funding and make a recommendation. However, they would be able to go back and make
revisions as needed, based on the total budget numbers.
Plano Community Home Sponsor for Fairhaven
Steve Pogue stated that if Fairhaven were dropped that this would mean only a 1% difference in
what was available versus the committee's recommendations. Ms. Vicars-Nance suggested that
they discuss Fairhaven first since the agency appeared to have limited support. She asked if
anyone was against not funding Fairhaven. A decision was made not to fund Fairhaven.
AIDS Services of North Texas
AIDS Services request was discussed. Ms. Jester indicated that she was unsure as to why this
specific need was funded when others were not. Ms. Ross indicated that any agency that is
eligible can apply and that that the Sickle Cell Disease Association had been funded in previous
years. Members agreed to recommend $12,000 as a starting point.
Court Appointed Special Advocates (CASA) of Denton County
Members agreed to recommend the average of $10,400.
Denton County Children's Advocacy Center
Members discussed the request from the Children's Advocacy Center of Denton County
(CACDC) and the "fair share" amount that they were requesting from City Council. Ms. Vicars-
Nance discussed the "fair share" amount. Dr. Richard Stream stated that he felt that this was not
appropriate because all agencies could have a "fair share." Mr. Gregory discussed the support
the agency provides for children that are victims of abuse. Members discussed whether they
should fund the agency and submit a letter supporting the "fair share" amount. Mr. Gregory and
Page 72
Ms. Metzgar suggested that perhaps the amount from the committee could be reduced and
perhaps the agency would receive more in "fair share" funding. Mr. Gregory discussed the
City's decreasing tax revenues and how this will affect future funding. Members continued to
discuss the funding and made a decision to leave the funding at the average amount of $8,490.
PARD Playground Programs
Members discussed both PARD summer playground programs. Ms. Ross explained that the
programs were developed as a result of the City receiving CDBG funds. She added that if
funding was reduced the programs would have to serve fewer children. Mr. Pogue stated that the
situation is similar to the Advocacy Center, but he would also like to see it funded by the City.
Ms. Vicars-Nance said the Owsley Neighborhood was set up to serve the children in the
neighborhood, but now they're being bused to other areas. Mr. Pogue stated that the poorest of
Denton live in the Owsley area. Members agreed to fund both park programs at $7,000.
Communities In Schools
It was mentioned that Communities in Schools was not funded last year. It was noted that
Communities in Schools had not requested funds last year. Ms. Hillman stated she was unclear
of what the agency did. Dr. Stream thought the presenter was fairly vague about their benefit to
the community. Mr. Gregory stated that agency targets schools with the highest amount of low-
income students. The agency provides additional resources for these schools. He added that the
agency helps fill a similar purpose as federal Title I that is no longer available. Ms. Vicars-Nance
commented that she felt they have a good program. Members agreed to leave the average
amount of $5,250.
Day Stay For Adults
It was commented that Day Stay for Adults is doing a good job and is the only provider of this
service. Ms. Espino stated that the agency has not made any requests for payments from their
2008-2009 fiscal year, which started in October 2008. The committee felt that the agency would
utilize the funds before the end of the fiscal year. Members agreed to leave the average amount
of $8,615.
Denton Christian Preschool / Denton City County Day School
Ms. Vicars-Nance stated that she would like to give Denton Christian Preschool and Denton City
County Day School what they were provided last year. Members agreed to the amount of
$22,500 for Denton Christian Preschool and $26,500 for Denton City County Day School.
Family Health Care
Family Health Care was discussed as possibly not needing all their funding. Members agreed to
recommend the average of $20,035.
Fred Moore Child Care
Fred Moore Nursery School was discussed. Mr. Gregory suggested that might want to look at
each child care agencies based on the number of children they serve, but then noted that all child
care agencies don't provide the same type of service. Ms. Vicars-Nance suggested giving them
$23,720. Members agreed to recommend the average of $23,720.
HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS)
Members agreed to recommend the average of $20,400 for HOPE Inc. - Transitional Housing.
Ms. Vicars-Nance stated that the HMIS requires the full $18,000 for match and to continue the
Homeless Management Information system. Ms. Ross added that the match allowed homeless
assistance agencies to receive over $100,000 in funding to assist the homeless. Members agreed
to recommend the $18,000.
People's Clinic
Members agreed to recommend the average amount of $14,000.
Retired Senior Volunteer Program (RSVP)
Page 73
Ms. Jester stated that she preferred to give more funding to the Clinic and less to RSVP. Ms.
Vicars-Nance described the services provided by the agency and how important it is to both the
elderly and the agencies they serve. Members agreed to recommend the average of $7,530.
Special Programs for Aging Needs (SPAN)
Members agreed to recommend same amount as last year's funding of $17,500.
Camp Summit
Camp Summit was discussed. Ms. Metzgar stated that it was quite a bit of funding to serve a
small number of people. She noted that there are other sources of funds that clients receive. Ms.
Vicars-Nance stated that it assists more than just the individual with a disability, but also
provides respite for the family. Ms. Metzgar stated that some of the clients could be served by
Adult Day Stay. Mr. Bortnem suggested that they drop it to $4,000. Members agreed to
recommend $4,000.
Denton County Friends of the Family
Denton County Friends of the Family was discussed and members agreed to recommend same
amount as last year's funding of $24,000.
The current total was $256,940. Members discussed how to cut the funding. Mr. Gregory
pointed out that the People's Clinic was able to handle everything last year without any funding.
He stated that it was a great program and that he supports it but this was a possible place to
reduce funding. It was suggested that the People's Clinic go to $10,000. Mr. Pogue stated that
he felt that the People's Clinic provided a great service for the amount of funds they receive.
Members agreed to leave the funding at $14,000. Members decided to deduct funding from
CASA to $10,000, the Children's Advocacy Center to $7,500, Denton Christian Preschool to
$22,000 and Denton City County Day School to $26,000. Dr. Stream suggested dropping the
PARD programs further to $6,000. Members agreed to recommend to the $6,000 for each
PARD programs. Members agreed, due to lowering the total budget, to decrease Communities
in Schools to $5,000 and Day Stay for Adults to $7,500. Ms. Metzgar stated that she didn't want
to keep giving the same amount of funding to the same organizations, but wanted to consider
new organizations that are serving those in need. Ms. Ross commented that the City and the
United Way have discussed doing a needs assessment, but in the most recent needs assessment
health care and day care were the primary needs. Mr. Pogue asked if in the letter to City Council
it could be explained that the committee supports the Advocacy Center, but felt that the agency
should receive their funding from "fair share."
Members discussed whether they should have the same amount from last year of $251,000. A
question was raised about whether the general funds were increased last year. It was noted that
funding was increased by about $13,000 last year. Mr. Gregory made a motion to approve the
funding levels for a total of $251,185. Mr. Pogue requested that that the motion be amended to
include the letter suggesting that additional "fair share" funding be included in the budget. Mr.
Gregory amended his motion and Mr. Bortnem seconded the motion. The members approved
the funding recommendations.
Ms. Espino explained that the Community Food Center ended their funding agreement and gave
the $4,000 back. Members looked at the agencies funded in the 2008-09 to determine who could
use the funding. Ms. McDuff suggested Fred Moore Child Care. Mr. Gregory suggested that
they provide funding to health care and day care. Ms McDuff suggested that SPAN and Fred
Moore receive funding. Members agreed to provide $1,000 to four agencies. Members agreed
to provide an additional $1,000 to SPAN, Fred Moore, CASA and AIDS Services for the 2008-
09 funding year.
The meeting was adjourned.
Page 74
APPENDIX A
Annual Housing Completion Goals
(Table 3B)
Grantee Name: Expected Annual Actual Annual Resources used duriu- the period
Number of Units Number of Units
Program Year: To Be Completed Completed CDBG HOME ESG HOPWA
13FNFFIC'L4 RY GOALS
(,Sec. 215 On4j)
Homeless households ❑ ❑ ❑ ❑
Non-homeless households 69 ® ® ❑ ❑
Special needs households ❑ ❑ ❑ ❑
Total Sec. 215 Beneficiaries* 69 ® ® ❑ ❑
RFN'1;AL GOALS
(,Sec. 215 On4j)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units 2 ® ❑ ❑ ❑
Rental Assistance 2 ❑ ® ❑
Total Sec. 215 Affordable Rental 4 ® ® ❑ ❑
H03IE 011'A'FR GOALS
(Sec. 215 On4j)
Acquisition of existing units ❑ ❑
Production of new units 3 ❑
Rehabilitation of existing units 39
Homebuyer Assistance 23 ® ® ❑
Total Sec. 215 Affordable Owner 65 ® ® ❑ ❑
C11;19RLVED RF;VI;ALA AD 011 AER
GOALS (Sec. 215 On4j)
Acquisition of existing units ❑ ❑ ❑
Production of new units 3 ❑ ® ❑
Rehabilitation of existing units 41 ® ® ❑ ❑
Rental Assistance 2 ❑ ® ❑
Homebuyer Assistance 23 ® ® ❑
Combined Total Sec. 215 Goals* 69 ® ® ❑ ❑
OVERALL HOUSING GOALS
(Sec. 215+ Other Affordable Housiu-)
Annual Rental Housing Goal 4 ® ® ❑ ❑
Annual Owner Housing Goal 65 ® ® ❑ ❑
Total Overall Housing Goal 69 ® ® ❑ ❑
Page 75
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA08-0010 (Wrecker Services and Impound Lots)
Hold a public hearing and consider an ordinance of the City of Denton, Texas, amending
Subchapters 5 and 23 of the Denton Development Code to specify those zoning district
classifications allowing Wrecker Services and Impound Lots, and to define Wrecker Services
and Impound Lots in Subchapter 23; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (DCA08-0010) The Planning
and Zoning Commission recommends approval (6-0).
BACKGROUND
Prior to 2006, this use and service was provided at the City of Denton Service Center. However,
it was determined by staff that the City's Service Center lacked sufficient space, security and the
storage area. Staff was also expressed concerned that vehicles stored at this facility presented
potential environmental issues. As a result in June 2006, City Council adopted ordinance 2006-
174 which amended the provisions of Chapter 23 of the Code of Ordinances replacing the
content of Article IV titled "Police-Initiated Towing Services" in its entirety. The new Article
IV states "tow service shall transport the vehicle to and store the vehicles in a Texas Department
of Transportation licensed vehicle storage facility located within the City of Denton." In
addition, all licensed vehicle storage facilities must comply with the provisions of the Texas
Administrative Code regarding Vehicle Storage Facilities.
Issue:
The Denton Development Code currently does not permit Wrecker Services and Impound Lots
in any of the City's zoning districts, nor is the use defined in Subchapter 23 "Definitions."
Summary:
The proposed Code amendment specifies the zoning district classifications Wrecker Services and
Impound Lots that are most appropriate and provides a definition.
Recommendation:
Staff recommends the following amendments to Subchapters 35.5 and 35.23:
■ Revise Subchapter 35.5 land use tables to permit "Wrecker Services and Impound Lots"
within the Employment Center Commercial (EC-C) and Employment Center Industrial
(EC-1) zoning districts with an SUP and limitation L(29). In addition, permit "Wrecker
Page - 1
Services and Impound Lots" within the Industrial Center Employment (IC-E) and the
Industrial Center General (IC-G) zoning districts with a limitation L(29).
L(29) = Wrecker Services and Impound Lots must comply with the following provisions:
1. The subject lot shall comply with the provisions of the Texas Administrative Code,
regarding Vehicle Storage Facilities.
2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way
and residential uses and zoning districts.
3. Parking and vehicle storage areas associated with wrecker services and impound lots
activities are not allowed within undeveloped floodplain, water-related habitat, and
riparian buffer environmentally sensitive areas (ESA).
4. Best management practices addressing storm water quality must be implemented and
maintained on site. Management practices must attain the pollutant removal
capabilities recommended for parking areas in the Integrated Storm Water
Management (iSWM) manual, as published by the North Central Texas Council of
Governments, or similar practices consistent with low impact development (LID)
approaches.
■ Add the following definition for Wrecker Services and Impound Lots to Subchapter
35.23.
Wrecker Services and Impound Lots: A business that provides wrecker or towing
service to vehicles that are stored at a state licensed vehicle storage facility. A licensed
vehicle storage facility is a garage, parking lot, or other facility owned or operated by a
person other than a governmental entity for storing or parking 10 or more vehicles per
year.
PRIOR ACTION/REVIEW
December 10, 2008 Planning and Zoning Commission Work Session
January 7, 2009 Planning and Zoning Commission Work Session
February 18, 2009 Planning and Zoning Commission Work Session
March 11, 2009 Planning and Zoning Commission Public Hearing
April 21, 2009 City Council Work Session
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
Page - 2
RECOMMENDATION
On March 11, 2009, the Planning and Zoning Commission conducted a public hearing and
recommended approval of the proposed amendments by a 6-0 vote.
EXHIBITS
1. Proposed Amendments to Subchapter 5
2. March 11, 2009 Planning and Zoning Commission Minutes
3. Ordinance
Prepared by: Respectfully submitted:
Ron Menguita, AICP Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
Page - 3
EXHIBIT 1
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . **f******** . . . . . . . . . . . . . . . . . .
Deveopment Code
Industrial Land Use Categories RD-5 RC
Printing / Publishing N N
Bakeries N L(21)
Manufacture of Non-odoriferous Foods N N
Feed Lots SUP N
Food Processing N N
Light Manufacturing N SUP / L(24)
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries P P
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N' N'
Kennels L(14) L(14)
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
5-3
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Categories Industrial Land Use 12
Printing / Publishing N N N N N N N
Bakeries N N N N N N L(21)
Manufacture of Non-odoriferous Foods N N N N N N N
Feed Lots N N N N N N N
Food Processing N N N N N N N
Light Manufacturing N N N N N N N
Heavy Manufacturing N N N N N N N
Wholesale Sales N N N N N N N
Wholesale Nurseries N N N N N N N
Distribution Center N N N N N N N
Wholesale Storage and Distribution N N N N N N N
Self-service Storage N N N N N N N
Construction Materials Sales N N N N N N N
Junk Yards and Auto Wrecking N N N N N N N
Wrecker Services and Impound Lots N N N N N N N
Kennels L(37) L(37) N N N N N
Veterinary Clinics L(14) L(14) N N N N P
Sanitary Landfills, Commercial N N N N N N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27) SUP SUP SUP SUP SUP
L(27) L(27) L(27) L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
5-8
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Industrial Land Use Categories D- DR-2
Printing / Publishing N N N P
Bakeries N N L(21) P
Manufacture of Non-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N N N
Heavy Manufacturing N N N N
Wholesale Sales N N N SUP/
L(36)
Wholesale Nurseries N N N SUP/
L(36)
Distribution Center N N N N
Wholesale Storage and Distribution N N N N
Self-service Storage N N N N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Wrecker Services and Impound Lots N IN N N'
Kennels N N N N
Veterinary Clinics N SUP L(26) P
Sanitary Landfills, Commercial N N N N
Incinerators, Transfer Stations
Gas Wells SUP SUP SUP SUP
L(27) L(27) L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
5-14
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Categories
Industrial Land Use Printing / Publishing P L(25)
Bakeries P L(25)
Manufacture of Non-odoriferous Foods N L(25)
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells SUP SUP
L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
5-19
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Printing / Publishing N N N N
Bakeries N N L(21) P
Manufacture of Non-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N N L(23)
Heavy Manufacturing N N N N
Wholesale Sales N N N N
Wholesale Nurseries N N N N
Distribution Center N N N N
Wholesale Storage and Distribution N N N N
Self-service Storage N N N N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Wrecker Services and Impound Lots N N' N; N'
Kennels N N N N
Veterinary Clinics SUP SUP L(14) P
Sanitary Landfills, Commercial N N N N
Incinerators, Transfer Stations
Gas Wells L(UG) SUP L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
5-24
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Categories Industrial Land Use Printing / Publishing P P
Bakeries P P
Manufacture of Non-odoriferous Foods P P
Feed Lots N N
Food Processing N N
Light Manufacturing P P
Heavy Manufacturing N N
Wholesale Sales P P
Wholesale Nurseries N L(32)
Distribution Center N P
Wholesale Storage and Distribution N L(34)
Self-service Storage P P
Construction Materials Sales N P
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots SUP SUP
L(29) L(29)
Kennels P P
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
5-29
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
Categories Industrial Land Use Printing / Publishing L(25) L(25)
Bakeries L(25) P
Manufacture of Non-odoriferous Foods L(25) P
Feed Lots N N
Food Processing N P
Light Manufacturing P P
Heavy Manufacturing N SUP
Wholesale Sales P P
Wholesale Nurseries P P
Distribution Center SUP P
Wholesale Storage and Distribution P P
Self-service Storage P P
Construction Materials Sales P P
Junk Yards and Auto Wrecking N SUP
Wrecker Services and Impound Lots L(29) L(29)
Kennels N N
Veterinary Clinics N N
Sanitary Landfills, Commercial N SUP
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
5-34
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
35.5.8 Limitations
The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited
L(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50%
of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets
the requirements of L(1).5.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of this
Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50%
of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size.
An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than
ten acres.
L(2) = For infill lots, the front setback shall be an average of the adjacent lots.
L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which
contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are
on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have
the appearance of a single family residence from the street.
L(4) = Multi-family is permitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the effective
date of Ordinance No. _2005-224; or
5. If allowed by a City Council approved neighborhood (small area plan.
L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units.
L(6) = Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the
ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a
rate of one per each acre over three.
L(8) = Travelers' accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on the property occupied by the accommodation,
or adjacent property.
2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking
spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this
Chapter.
3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft.
maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly
illuminate any residential structures adjacent or nearby the travelers' accommodation.
5-37
Subehapter5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone.
Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted
number of traveler's accommodations.
5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as
determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to
the site from the arterial.
6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq.
ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L(9) = All restrictions of L(8), but limited to no more than 15 guest units.
L(10) = All restrictions of L(8), but limited to no more than 5 guest units.
L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more
than 4,000 square feet of restaurant area.
L(12) =
L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) = Uses are limited to no more than 51000 square feet of gross floor area per lot. An SUP is required for additional
square footage for Semi-Public Halls, Clubs and Lodges.
L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be
larger with approval of an SUP.
L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of
gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area.
L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited
to those employees or owners of the business or businesses within the same structure.
L(20) = Permitted, but outdoor storage of autos prohibited.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in
this zone.
L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except
adjacent to I-35 then the number of seats is limited to 50.
L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet.
L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet.
L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit.
L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L(28) = Use allowed as part of consolidated parking plan.
I.(29) = A\ rcclccr Scrviccs srnul Imh,mnd Imust c~,mhl~ iih 111c in hr'nixinns:
1. 11u, suhjccl 1u1 shall a,mlll\ \v1111 111c hrr'\i,i()n~ of the Cczax \dminislrali\c ('(dc, regarding \ chicle
~I~n;tc I'acililic'.
3. ]:.,t ~crccnin A11 ~t~ncd \rhicks 'hall Ix ~~pa~lucl~ ~crccncd fr~nn all rights-~~I-~~a~ and rc,idcniial uscs
and /",11111g,
dislricls.
5-38
Subehapter5
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development Code
P:ul:iu and \ chick slrn;t~c areas ;usOci:tlcd till \\rcckcr scniccs and imp()und l()ls a(It\ ilics :ire II( )t
all()\~ cd 1111111 undo clnpcd il. ~ndpl;tin, \~;tier-rclalc(I h;tl)ilal, ;uul I-TAI-IMI l)uI-tcr cn\ irnnmcnlall\ scnsitivr
arca~ (I: _A1.
4. t)cst man;t-cmcni practiccs addressin" Sturm eater clu;ilii\ must Ix implcmcnlcd and main Iaincd un site.
\lanagcmcnl practiccs must attain the pullutanl rcmr,\ al cipal)ilitics rccr)mmcndcd I) ,r p:trl:in' areas in the
Inl(')raicd Sturm ater A[;u~;igcnunt (i<\\ \C! manual, ;is published I)\ the \()rth (:c111ra11c'\sis (:uunciI ul
Cu~crnmcitI" ur.imilar practiccs cuusislcnt kith 1O\\ impact dc\ rlupmcnl (IJt)) appruachcs.
L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted
commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along any avenue,
collector, or arterial street, otherwise these uses are not required.
L (31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted
commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along any avenue,
collector, or arterial street, otherwise these uses are not required.
L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line
of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare,
any elderly housing facility, hospital, any residential use, public open space.
L (33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the
Historic Courthouse are not blocked by the new structure(s) additional height.
L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be
to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall
apply, both to any outdoor storage activity and to the loading docks.
L (35) =
L (36) = Permitted when combined with retail sales.
L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and
outdoor runs. A natural buffer strip is required adjacent to any residential use.
L (38) = Must meet the requirements of Section 35.12.9.
L (39) =
L (40) =Limited to a maximum 12 units per acre.
5-39
105 EXHIBIT 2 107
1 CHAIRMAN WATKINS: Public Hearing 4C, 1 provides wrecker or towing service to vehicles that are
2 Amendments to Subchapters 5 and 23 of the Denton 2 stored at a State-licensed vehicle storage facility.
3 Development Code regarding Wrecker Services and Impound 3 The licensed vehicle storage facility is defined as a
4 Lots (DCA08-0010) Wrecker Services and Impound Lots. 4 facility that is a garage parking lot or other facility
5 Ron, it's your turn. 5 owned and operated by a person other than a governmental
6 MR. MENG.iITA: Thank you, Chair, members of 6 entity for storing or parking ten or more vehicles per
7 the Commission. This is a Development Code amendment. 7 year. This definition actually can came from the State
8 Request to amend Subchapter 5 and 23 of the Denton 8 Administrative Code.
9 Development Code regarding Wrecker Service and Impound 9 That concludes my presentation. I'd be
10 Lots. This is a staff-initiated Development Code 10 happy to answer any questions that you may have.
11 amendment to address the issue that we don't have any 11 CHAIRMAN WATKINS: I don't see anyone else
12 land use in our Subchapter 5 to allow Wrecker Services 12 in the audience.
13 and Impound Lots. Currently, we also do not have a 13 MR. CUNNINGHAM: I've got a question.
14 definition for Wrecker Service and Impound Lots. 14 Could you go back to the slide either the one
is So what staff is proposing is to add i5 more. Right. Okay. Where it says screening it says,
16 Wrecker Service and Impound Lots to Subchapter 5 within 16 all vehicles shall be screened from all rights-of-way
17 the ECC and ECI Zoning Districts with an SUP, Specific 17 and residential uses and zoning district. I understand
i8 Use Permit, as well as Limitation 29. And I'll go 18 exactly what you mean, but just to eliminate any future
19 further in what the Limitation 29, is. 19 ambiguity, could we say any residential uses and
20 In addition to these two zoning districts, 20 residential zoning districts?
21 staff is also proposing that the Impound Lots and 21 MR. MENGUITA: Okay.
22 Wrecker Service be included as a use in the ICE and ICG 22 MR. CUNNINGHAM: I think that's what's
23 Zoning District with the Limitation of 29. The reason 23 intended. I don't want to get in the future where it
24 why we selected these set of zoning districts is with 24 says it's screened from any zoning district if thats,
25 the ECC and ECI is our Employment District areas. The 25 indeed, what you're intending to say.
106 108
1 ICE and ICG is an Industrial Zoning Districts. And we 1 MR. MENGUITA: That's my intentions.
2 felt that this would be the proper or appropriate 2 MR. CUNNINGHAM: That's just some
3 locations for these types of uses or this type of use. 3 housekeeping. Appreciate it.
4 The Limitation L29 refers to the compliance 4 MR. MENGUITA: Thank you.
5 to State Code, Texas Administrative Code to be specific. 5 CHAIRMAN WATKINS: Yes?
6 This is in regards to storage vehicles and storage 6 COMMISSIONER EAGLETON: And, actually,
7 facility. They license these facilities in regards to 7 Mr. Chairman, that was going to be a point that I had,
8 buffers, screening, lighting, and signage. a too, because, for example, there are some that are
9 In addition, we are also put a limitation 9 probably I can think of a couple that are in, like, a
10 that all storage vehicles that are stored at these io DCG, which they're not allowed in. But they're not
11 facilities be screened from all right-of-ways, as well 11 going to be required those requirements won't apply.
12 as residential uses and zoning districts. 12 MR. MENGUITA: No. Those that are
13 We're also adding a set of other 13 currently in place will not be effected by
14 limitations. This is in regards to locations within 14 COMMISSIONER EAGLETON: Right.
is flood undeveloped floodpiain, water-related habitats, is MR. MENGUITA: this proposal.
16 riparian buffer, environment sensitive areas, and also 16 COMMISSIONER EAGLETON: Right.
17 to provide a provision or limitation that the subject 17 CHAIRMAN WATKINS: Thank you. Any other
18 sites comply with the best management practices in 18 questions? Discussion?
19 relationship to parking areas in regards to integrated 19 MR. DRAKE: It probably would be good to
20 storm water management. Basically, it's to have these 20 state for record that the Commission has been briefed on
21 sites as environmental-friendly as possible with the 21 this in Work Session on at least two different occasions
22 additions to these last two provisions. 22 previously.
23 And, lastly, staff is proposing that we add 23 CHAIRMAN WATKINS: Very well. That has
24 the definition of Wrecker service and Impound Lots. And 24 happened.
25 I'll go ahead and read this briefly. A business that 25 And we will open the public hearing. And
PLANNING AND ZONING COMMISSION MARCH 11, 2009 Page 105 to 108 of 116
109 1xi
1 as I see no one in the audience, we'll close the public 1
2 hearing. Anyone have a motion? 2
3 COMMISSIONER EAGLETON: Mr. Chairman, I'd 3
4 like to make a motion for approval with the conditions 4
s as stated. 5
6 COMMISSIONER KING: Second. 6
7 CHAIRMAN WATKINS: And a second here. Vote 7
8 on the board, please. Six to zero in favor of the s
9 motion. 9
10 10
11 11
12 12
13 13
14 14
15 15
i
16 16
I
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18 18
19 19
20 20
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1s is
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PLANNING AND ZONING COMMISSION MARCH 11, 2009 Page 109 t0 112 of 116
scour documentslordinances1091dca08-0010.doc EXHIBIT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND
23 OF THE DENTON DEVELOPMENT CODE TO SPECIFY THOSE ZONING DISTRICT
CLASSIFICATIONS ALLOWING WRECKER SERVICES AND IMPOUND LOTS, AND TO
DEFINE WRECKER SERVICES AND IMPOUND LOTS IN SUBCHAPTER 23; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (DCA08-0010)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"} and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapters 5
and 23 of the Denton Development Code.
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapters 5 and 23 are amended to reflect the changes outlined in Exhibit
"A", attached and incorporated fully herein by reference; all provisions not specifically changed
herein shall remain as written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
sAour documentslordinances1091dca08-0010.doc
PASSED AND APPROVED this the day of , 2009.
5
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
y~
Page - 2
EXHIBIT A
Subchapter 35.5 of the DDC is amended to add Wrecker Services and Impound Lots as
follows:
Categories Industrial Land Use RD-5 RC
Printing 1 Publishing N N
Bakeries N L(21)
Manufacture of Non-odoriferous Foods N N
Feed Lots SUP N
Food Processing N N
Light Manufacturing N SUP I L(24)
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries P P
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service. Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels L(94) L(14)
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Categories NRMU-
Printing 1 Publishing N N N N N N N
Bakeries N N N N N N L(21)
Manufacture of Non-odoriferous Foods N N N N N N N
Page - 3
Feed Lots N N N N N N N
Food Processing N N N N N N N
Light Manufacturing N N N N N N N
Heavy Manufacturing N N N N N N N
Wholesale Sales N N N N N N N
Wholesale Nurseries N N N N N N N
Distribution Center N N N N N N N
Wholesale Storage and Distribution N N N N N. N N
Self-service Storage N N N N N N N
Construction Materials Sales N N N N N N N
Junk Yards and Auto Wrecking N N N N N N N
Wrecker Services and Impound Lots N N N N N N N
Kennels L(37) L(37) N N N N N
Veterinary Clinics L(14) L(14) N N N N P
Sanitary Landfills, Commercial N N N N N N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27) SUP SUP SUP SUP SUP
L(27) L(27) L(27) L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Industrial Land Use Categories I DR- DC-G
DR.-2
Printing / Publishing " N N N P
Bakeries N N L(21) P
Manufacture of Non-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N N N
Heavy Manufacturing N N N N
Wholesale Sales N N N SUP/
L(36)
Wholesale Nurseries N N N SUP/
L(36)
Distribution Center= N N N N
Page - 4
Wholesale Storage and Distribution N N N N
Self-service Storage N N N N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Wrecker Services and Impound Lots N N N N
Kennels . N N N N
Veterinary Clinics N SUP L(26) P
Sanitary Landfills, Commercial N N N N
Incinerators, Transfer Stations
Gas Wells SUP SUP SUP SUP
L(27) L(27) L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Industrial Land Use Categories CM-G CM-E
Printing / Publishing P L(25)
Bakeries P L(25)
Manufacture of Non-odoriferous Foods N L(25)
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Page - 5
Gas Wells SUP SUP
L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Categories Industrial Land Use s
Printing ! Publishing N N N N
Bakeries N N L(21) P
Manufacture of Non-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N N L(23)
Heavy Manufacturing N N N N
Wholesale Sales N N N N
Wholesale Nurseries N N N N
Distribution Center N N N N
Wholesale Storage and Distribution N N N N
Self-service Storage N N N N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Wrecker Services and Impound Lots N N N N
Kennels N N N N
Veterinary Clinics SUP SUP L(14) P
Sanitary Landfills, Commercial N N N N
Incinerators, Transfer Stations
Gas Wells 5
27} SUP L(27) L(27)
L( L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Industrial Land Use Categories EC-C EC-1
Printing I Publishing P P
Bakeries P P
Manufacture of Non-odoriferous Foods P P
Page - 6
Feed Lots N N
Food Processing N N
Light Manufacturing P P
Heavy Manufacturing N N
Wholesale Sales P P
Wholesale Nurseries N L(32)
Distribution Center N P
Wholesale Storage and Distribution N L(34)
Self-service Storage P P
Construction Materials Sales N P
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots SUP SUP
L(29) L(29)
Kennels P P
Veterinary Clinics P P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Page - 7
Industrial Land Use Categories
Printing 1 Publishing L(25) L(25)
Bakeries L(25) P
Manufacture of Non-odoriferous Foods L(25) P
Feed Lots N N
Food Processing N P
Light Manufacturing P P
Heavy Manufacturing N SUP
Wholesale Sales P P
Wholesale Nurseries P P
Distribution Center SUP P
Wholesale Storage and Distribution P P
Self-service Storage P P
Construction Materials Sales P P
Junk Yards and Auto Wrecking N SUP
Wrecker Services and Impound Lots L(29) L(29)
Kennels N N
Veterinary Clinics N N
Sanitary Landfills, Commercial N SUP
Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 35.5 of the DDC is amended to add limitation L(29) as follows:
L(29) = Wrecker Services and Impound Lots must comply with the following provisions:
1. The subject lot shall comply with the provisions of the Texas Administrative Code,
regarding Vehicle Storage Facilities.
2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and
residential uses and zoning districts.
Page - 8
3. Parking and vehicle storage areas associated with wrecker services and impound lots
activities are not allowed within undeveloped floodplain, water-related habitat, and
riparian buffer environmentally sensitive areas (ESA).
4. Best management practices addressing storm water quality must be implemented and
maintained on site. Management practices must attain the pollutant removal capabilities
recommended for parking areas in the Integrated Storm Water Management (iSWM)
manual, as published by the North Central Texas Council of Governments, or similar
practices consistent with low impact development (LID) approaches.
Subchapter 35.23.2. of the DDC is amended to add the following definition:
Wrecker Services and Impound Lots: A business that provides wrecker or towing service
to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle
storage facility is a garage, parking lot, or other facility owned or operated by a person other
than a governmental entity for storing or parking 10 or more vehicles per year.
Page - 9
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning Department
ACM: Fred Green I
SUBJECT - Z08-0005 (Alex Robertson Addition)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district
classification and use designation for 0.367 acres of land located at the northwest corner of Ruth
and Cross Timber Streets, and legally described as Block 11, Lot 6 of the Alex Robertson
Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum
amount of $2,000 for violations thereof, severability and an effective date. The Planning and
Zoning Commission recommends denial of this rezoning request (7-0).
BACKGROUND
Per the applicant (Roosevelt Washington, Jr.), the purpose of the rezoning request is to allow the
development of duplexes, which the existing NR-3 zoning district does not allow. Currently
there is a vacant single-family home on the lot (See Exhibit 8), which the applicant intends to
demolish.
The applicant also submitted a residential replat in conjunction with the zoning change request to
subdivide the existing platted lot into two lots of approximately 8,200 square feet each. The
request to rezone the property must be approved prior to replatting because the proposed lots
would not meet the minimum size requirements of the existing zoning district. Based on the
dimensions of the proposed lots and the general regulations of the NR-6 zoning district, the
applicant would construct one (1) duplex per lot and, two (2) dwelling units per duplex for a total
of four (4) dwelling units.
The applicant held a neighborhood meeting at the American Legion Senior Center on March 4,
2008. Approximately four (4) area residents were in attendance as well as a representative from
the Denton Affordable Housing Corporation. With the exception of one resident, those in
attendance were generally in support of the request. The primary concern voiced by the resident
who opposed the rezoning of the property is that he does not want the property to be rezoned to
allow commercial and industrial uses. Staff assured the residents that the rezoning would not
allow those types of uses.
There are currently existing duplexes and multi-family dwellings in the vicinity (See Exhibit 6)
which were permitted prior to the city-wide rezoning in 2002. These duplexes are now
considered special exceptions.
On October 7, 2008, the case in question went before City Council via a public hearing. Due to
concerns raised at the public hearing from area residents, City Council directed staff to look at a
larger area and consider a staff initiated rezoning request or a small area plan. Staff decided to
begin with the city-initiated rezoning effort.
Staff met with residents in the Southeast Denton community a total of five (5) times to discuss
rezoning proposals in Southeast Denton. The most recent neighborhood meeting was held on
February 19, 2009 at the Martin Luther King, Jr. Recreation Center. Approximately sixty (60)
area residents were in attendance and the vast majority was in opposition to any rezoning of any
property in the area, including the staff initiated proposed rezoning.
PRIOR ACTION/REVIEW
March 26, 2008 Planning and Zoning Commission Public Hearing to consider the rezoning
request.
October 7, 2008 City Council Public Hearing to consider the rezoning request.
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommended denial of this rezoning request (7-0).
The Development Review Committee (DRC) recommends denial of the rezoning request since it
would rezone a specific parcel to a zoning district that permits a higher density and more intense
uses than the surrounding zoning districts. Additionally, if the request is approved, it would
create an isolated zoning district for a single lot that is surrounded by a much larger area which is
uniformly zoned.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Adjacent Land Use Map
7. Notification Map
8. Site Photos
9. Planning and Zoning Commission Minutes (3/26/08)
10. Ordinance
Prepared by:
Johnna Matthews
Associate Planner
Respectfully submitted:
Mark Cunningham, AICP
Director, Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF:- AAL)SLS
CASE NO.: Z08-0005 DATE TO BE CONSIDERED: May 5, 2009
LOCATION: The subject property is located at the northwest corner of Ruth and Cross
Timber Streets.
APPLICANT/OWNER: Mr. Roosevelt Washington, Jr.
2125 Woodbrook St.
Denton, TX 76205
REQUEST: Rezone the approximately 0.375 acres of land from a Neighborhood
Residential 3 (NR-3) zoning district to a Neighborhood Residential 6 (NR-
6) zoning district to allow duplexes. The applicant is proposing 2
duplexes, one on each lot; and 2 dwelling units/duplex for a total of 4 units.
RECOMMENDATION: The Planning and Zoning Commission recommends denial of this zoning
request (7-0).
COMPREHENSIVE The subject site is located within an Existing Land Use/Infill
PLAN DESIGNATION: Compatibility future land use designation.
In areas within an Existing Land Use/Infill Compatibility future land use
designation, new development should respond to existing development
with compatible land use patterns, and design standards. The plan
recommends that existing neighborhoods within the City be vigorously
protected and preserved. Housing that is compatible with the existing
density, neighborhood service, and commercial land uses is allowed.
SITE AND There is currently one vacant single family home on the lot, which will be
SURROUNDINGS: demolished when the property is developed.
North: Neighborhood Residential 3 (NR-3) - Duplexes/Denton Affordable
Housing Corporation
South: Neighborhood Residential 4 (NR-4) - Single Family Homes
East: Neighborhood Residential 3 (NR-3) - Single Family Homes/Vacant Lots/
Duplexes
West: Neighborhood Residential 3 (NR-3) - Vacant Lots/Single Family Homes
BACKGROUND The applicant is requesting to rezone the subject property from NR-3 to
INFORMATION: NR-6 to allow duplexes which he will develop as rental property. The
applicant noted that the duplexes will look similar to the duplexes that he
currently owns approximately 400 ft. east of the subject property at 521
Ruth Street (See Exhibit 6, H & I). The use of duplexes on the lot in
question is consistent with the surrounding land uses in the area (See
Exhibit 6); however, the proposed zoning of NR-6 is not. The existing
duplexes in the community were constructed prior to the city-wide
rezoning in 2002 and were permitted uses prior to 2002. They are now
considered special exceptions. The Denton Development Code defines a
special exception as those lots, structures, and uses of land and structures
which were lawful before this Chapter was adopted, but which would be
prohibited, regulated, or restricted under the terms of the Ordinance. Said
uses or structures are automatically given a Special Exception designation.
Because of its status (special exception), some uses are unable to receive
funding; are unable to expand; and in some instances, the right to continue
a particular use may cease. For example, pursuant to Subchapter 35.11.3
of the Denton Development Code, if a building or site which is considered
a special exception is voluntarily demolished, that building or site may not
be rebuilt.
Changing the zoning to NR-6 will create a more intense zoning district on
a single lot, which is not a favorable planning practice because it
essentially creates an isolated zoning district. This situation typically
occurs when a relatively small piece of land is zoned differently from the
surrounding area to allow an incompatible or inconsistent land use. In the
subject case; however, even though the proposed use may be compatible
with the nearby land uses, the proposed zoning is not consistent with the
zoning in the surrounding area. All adjacent properties are zoned NR-3
and NR-4. The NR-3 zoning district prohibits duplexes, whereas duplexes
are allowed in the NR-4 zoning district, with a limitation. The limitation
reads, "In part of a subdivision of 2 acres or more, up to 2 units may be
attached by a common wall if the lots which contain the attached structures
do not abut the perimeter lot lines of a subdivision, the individual common
wall units are on separate lots designed to be sold individually, and they
comply with Subchapter 13. Additionally, units must have the appearance
of a single family residence from the street." The applicant's proposal
would not meet the requirements of the limitation and an NR-4 zoning
district is not an option for him. The applicant plans to rent the units and
the property in question is less than 2 acres in size. In addition to duplex
developments, the proposed zoning of NR-6 permits attached single family
dwellings and manufactured housing developments with approval of an
SUP.
Because duplexes are considered single family dwellings, parking can
become an issue if the applicant chooses to rent out the rooms because the
DDC does not regulate the number of bedrooms that a duplex can have.
Prior to 2002, when the new Denton Development Code was adopted, the
zoning for this property and the adjacent properties was MF-1 (Multiple
Family Dwelling District 1), which allowed a multitude of residential uses,
including, but not limited to detached single-family dwellings, attached
single-family dwellings, duplexes; and multiple family dwellings
(apartments).
Staff met with residents in the Southeast Denton community to discuss the
concept of a Small Area Plan for the area. A Small Area Plan was actually
drafted for Southeast Denton in 1999, however, was not adopted by City
Council. The first meeting was held at the Martin Luther King Jr. Center
on July 10, 2008. The second meeting was held at Mt. Calvary Baptist
Church on July 28, 2008. At the first meeting, residents voiced concerns
about crime and the fact that they did not want any additional intrusion of
commercial and industrial uses in their neighborhoods. At the second
meeting, residents voiced concerns about the type of renters that the
proposed duplexes would allow and parking issues. Three (3) subsequent
meetings were held to discuss the staff initiated rezoning (SI08-0003) that
was proposed. Generally, the community is opposed to the idea of
rezoning the area to allow duplexes; however, they were open to the idea
of a Small Area Plan to rejuvenate and revitalize Southeast Denton.
ANALYSIS: The subject site is located within the "Existing Residential/Infill
Comprehensive Plan Compatibility" future land use area. A description of "Existing
Analysis Residential/Infill Compatibility" from the Denton Comprehensive plan
reads as follows:
"Within established residential areas, new development should respond to
existing development with compatible land uses patterns, and design
standards. The plan recommends that existing neighborhoods within the
City be vigorously protected and preserved. Housing that is compatible
with the existing density, neighborhood service, and commercial land uses
is allowed. "
Development The requested zoning district, Neighborhood Residential 6 (NR-6) allows
Code/Zoning Analysis duplexes, whereas the current zoning of Neighborhood Residential 3 (NR-
3) does not allow duplexes. The minimum lot area would decrease from
10,000 square feet to 6,000 square feet; the minimum lot width would
decrease from 60 feet to 50 feet; and the minimum front yard setback
requirement would decrease from 15 feet to 10 feet. No difference in
minimum lot depth, minimum side yard, or minimum rear yard
requirements would result. Additionally no difference would result in the
maximum building height requirement of 40 feet. However, the maximum
lot coverage would increase from 50% to 60% and the minimum
landscaped area would decrease from 55% to 40%.
The following tables (Tables 1-4) summarize the differences in uses
between the NR-3 (existing zoning of subject property and adjacent
properties), NR-4 (existing zoning of adjacent properties) and NR-6
(proposed zoning) zoning districts. These uses include residential,
commercial, industrial and institutional land use categories.
Table 1
Residential Land Use NR-3 NR-4 NR-6
Categories
Agriculture P P P
Livestock L(7) L(7) L(7)
Single Family Dwellings P P P
Accessory Dwelling Units SUP & L(I) SUP & L(l) SUP & L(l)
Attached Single Family SUP SUP P
Dwellings
Live Work Units N N L(16)
Duplexes N L(3) P
Community Homes for the P P P
Disabled
Group Homes N N N
Multi-Family Dwellings N N N
Manufacturing Housing N N SUP
Developments
Table 1 Legend
P = Permitted
N = Not Permitted
SUP = Specific Use Permit
Limitations: L(1) = Accessory dwelling units are permitted, subject to the
following additional criteria:
1. The proposal must conform with the overall maximum lot
coverage and setback requirements of the underlying zone.
2. The maximum number of accessory dwelling units shall not exceed
1 per lot.
3. The maximum gross habitable floor area (GfWA) of the accessory
residential structure shall not exceed 50% if the GfWA of the
primary residence on the lot, and shall not exceed 1,000 sq. ft.
GfWA of the primary residence on the lot, and shall not exceed
1,000 sq. ft. GfWA unless the lot meets the requirements of L(1).5.
4. One additional parking space shall be provided that conforms to the
off-street parking provisions of this Chapter.
5. The maximum gross habitable (GfWA) of the accessory residential
structure shall not exceed 50% of the GfWA of the primary
residence on the lot, where the lot size is equal to or greater than
ten acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater than ten
acres.
L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be
attached by a common wall if the lots which contain the attached structures
do not abut the perimeter lot lines of a subdivision, the individual common
wall units are on separate lots designed to be sold individually, and they
comply with Subchapter 13. Additionally, units must have the appearance
of a single family residence from the street.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres
in size. Additional animals may be added at a rate of one per each
acre over three.
L(16) = Uses are limited to no more than 1,500 square feet of gross
floor area per lot.
Table 2
Commercial Land Use Categories NR-3 NR-4 NR-6
(existing) (existing) (proposed)
Home Occupation P P P
Hotels N N N
Motels N N N
Bed and Breakfast N N N
Retail Sales and Service N N N
Movie Theatres N N N
Restaurant or Private Club N N N
Drive-through Facility N N N
Professional Services and Offices N N N
Quick Vehicle Servicing N N N
Vehicle Repair N N N
Auto and RV Sales N N N
Laundry Facilities N N N
Equestrian Facilities N N N
Outdoor Recreation P P P
Indoor Recreation N N N
Major Event Entertainment N N N
Commercial Parking Lots N N N
Administrative or Research Facilities N N N
Broadcasting of Production Studio N N N
Sexually Oriented Business N N N
Temporary Uses L(38) L(38) L(38)
Table 2 Legend
P = Permitted
N = Not Permitted
L (38) = Must meet the requirements of Section 35.12.9.
Table 3
Industrial Land Use Categories NR-3 NR-4 NR-6
(existing) (existing) (proposed)
Printing/Publishing N N N
Bakeries N N N
Manufacture of Non-odoriferous N N N
Foods
Feed Lots N N N
Food Processing N N N
Light Manufacturing N N N
Heavy manufacturing N N N
Wholesale Sales N N N
Wholesale Nurseries N N N
Distribution Center N N N
Wholesale Storage and Distribution N N N
Self-service Storage N N N
Construction Material Sales N N N
Junk Yards and Auto Wrecking N N N
Kennels N N N
Veterinary Clinics N N N
Sanitary Landfills, Commercial N N N
Incinerators, Transfer Stations
Gas Wells SUP SUP SUP
L(27) L(27) L(27)
Table 3 Legend
N = Not Permitted
SUP = Specific Use Permit
L(27) = Must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production
Table 4
Institutional Land Use NR-3 NR-4 NR-6
Categories (existing) (existing) (proposed
Basic Utilities L(25) L(25) L(25)
Community Service N N N
Parks & Open Space p P P
Churches p P P
Semi-public Halls, Clubs, and SUP SUP SUP
Lodges
Business/Trade School N N N
Adult or Child Day Care SUP SUP SUP
Kindergarten, Elementary School SUP SUP SUP
Middle School N N N
High School N N N
Colleges N N N
Hospital N N N
Elderly Housing N N SUP
Medical Centers N N N
Cemeteries N N N
Mortuaries N N N
Table 4 Legend
P = Permitted
N = Not Permitted
SUP = Specific Use Permit
L(25) = If proposed use is within 200 feet of a residential zone, approval is
subject to a Specific Use Permit
DEPARTMENT AND The Development Review Committee has reviewed the application.
AGENCY REVIEW Because the request would rezone a specific parcel to a district that permits
a higher density and more intense use, staff recommends denial of the
request. The request would also create an isolated zoning district for a
small piece of property that is surrounded by a much larger area which is
uniformly zoned.
FINDINGS The criteria for approval of Zoning Amendments, per Subchapter
35.3.4.B.2 of the Denton Development Code requires that:
1. The proposed rezoning conforms to the Future Land Use element of the
Denton Plan.
The proposed zoning change will create an isolated zoning district for a
small piece of property, which is not a favorable planning practice.
Rezoning the subject property to NR-6 will have the effect of reclassifying
a relatively small lot, which is surrounded by a much larger area
uniformly zoned as NR-3 and NR-4. Staff's recommendation would be to
look at the neighborhood as a whole, meet with property owners in the
neighborhood and recommend rezoning these areas to a use that is
consistent with the character of the neighborhood. This would bring the
non-conforming uses in compliance with the code.
2. The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public requirements and
public convenience.
Facilities are generally adequate for this development with the exception
that the existing street system may not be adequate to handle increased
parking that the proposed development might generate.
EXHIBIT 2
LOCATION MAP
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EXHIBIT 3
EXISTING ZONING MAP
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EXHIBIT 4
PROPOSED ZONING MAP
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EXHIBIT 6
ADJACENT LAND USE MAP
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i.__a j Map Legend
A - Fourplex -Denton Affordable Housing Corporation
B -Fourplex -Denton Affordable Housing Corporation
C -Fourplex -Raymond Redmond
D -Duplex -Ines Logan
E -Duplex -Denton Affordable Housing Corporation
F -Duplex -Denton Affordable Housing Corporation
G - Duplex - Songwen, Li
H - Duplex -Roosevelt Washington (Applicant)
I - Duplex -Roosevelt Washington (Applicant)
EXHIBIT 7
NOTIFICATION MAP
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Public Notification Date: March 12, 2008
200' Legal Notices sent via certified mail: 27
500' Certified Notices sent via regular mail: 97
Number of responses to 200' Legal Notice
• In opposition: 0
• In Favor: 1
• Neutral:0
~A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
EXHIBIT 8
SITE PHOTOGRAPHS
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Applicant-owned duplex located 400 ft. east of the subject property
at 521 Ruth Street.
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Duplexes owned by the Denton Affordable Housing Corporation
located directly north of the subject property at the southwest
corner of Mill and Cross Timber Streets.
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Duplex located on Mill Street, adjacent to previous duplexes.
EXHIBIT 9
PLANNING AND ZONING COMMISSION MEETING MINUTES
33 35
1 COMMISSIONER WATKINS: The next item on the public 1 typically occurs when a relatively small piece of land is zoned
2 hearing Is 5D, approxlmately .367 acres of land from the 2 differently from the surrounding area to allow inconsistent or
3 Neighborhood Residential-3 zoning district to a Neighborhood 3 Incompatible land use or mming district. The much larger area
4 Reddentlakli zoning dlstrlct. The site is located at the 4 is uniformly zoned NR-3 and NR-4. Also, In addition m
8 northwest tamer of Ruth Street and Crosstlmbers Street. 5 duplexes, NR-6 zoning also permits manufactured housing,
6 Ivhnna? 6 developments.
7 ~ Ms. MATTIrEws: prank you, members of the 7 The second issue Is parking. A duplex is
8 Commission. As mentioned, the properties located at the 8 considered a single family dwelling unit per the Denton
9 no rthwest comer of Ruth and Crossti mbers Streets includes 8 Development Cod e. Two spaces are permitted per dwelling.
10 appronmately .357 acres of land. The purpose of the rezoning 10 Currently; the Denton Development Code does not regulate the
11 request is to allow duplexes in which the Applicant will 11 number of bedrooms permitted in a duplex, and the Cade states
12 develop as rental property in conjunction. with the zoning 12 that four unrelatetl people can live in a single family unit.
13 requests. 13 Therefore, it is pass iblethat the duplexes could have a total
14 TheAppll"M also, submitted a residential 14 of 16 bedrooms rented individually, with each person occupying
1S repiat to subdivide the [at into two lots of approximately 15 a bedroom and having a vehic6e, creating an inadequate parldng
16 5,Zon square feeteach. The Applicant is proposing two 16 situation.
17 duplexes per let„ and a total of four dwelling units. 17 Staff does recommend, however, that the Applicant
18 currently, there is a vacant single family home ort the hrt, 18 meet with property ovfners in the are a, particularly those who
19 which the Applicant proposes to demolish. And this Is a photo 19 own duplexes, and consider submitting an appllcatlon to rezone
30 of the site leaking west. 20 these areas to a zone that 15 mare consistent with. tha land
21 The existing zoning is Neighborhood Residential 21 uses. This would eliminate the nonconfarn-ing designation that
22 3, NR-3. Aril, obviuWy, the existing zoning does not allow 22 these propertles.currerltly hare, and it would bring these uses
23 duplexes. The proposed zoning is NR-6. The future land use 23 up to Code and compliance with the Code. And it would prevent
24 designation for the report is existing land use. And there is 24 creating an isolated zoning district.
25 a definition in your backup. 25 The Applicant is here to answer any questionsthat
STOFFELS & ASSOCIATES DENTON, TEXAS 840-565-8787 3TOFFELS & ASSOCIATES DENTON, TEXAS 940-5U9797
34 38
1 Currently, there are duplexes, even higher density 1 you may hare. And if I can answer any questions, I can do
.2 uses, Faurplextes, in the neighborhood, whic-imere permitted and 2 that.
3 constructed prior to tire dtywide rezoning in 2002. Prior to 3 COMMISSIONER WATKINS; Any questions?
4 2602, these areas.were zoned IMF-1, Mufti-Family-1. And 4 COMMISSIONER LYKE: Yes. Did you just say that
.5 duplexes, as well as apartments, were permitted at that time. S you were --that you would suggest that these areas that are
5 These uses are now considered nonconthrming uses, but are given 6 already duplexes be rezoned?
7 a speclal exception because they were permitted at the tlrne 7 MS- MATTHEWS: Yes, to bring them up to Code.
8 they were built. 8 That way, they would not be considered a nonconforming use
9 The Applicant, Mr. Roosevelt, actually owns S arrymore. And it would not be an isolated mining situation just
19 duplexes here labeled H and 1. Staff sent 27 notices to 10 for one parce l of land.
11 property ovmers within 200 feet of the property. And you donY 11 COMM1551ONER LYKE: 50 then You.+auld suggest
12 have any and you don't have any in your backup, because I 12 everything from mills down to Ruth would be rezoned to NR-67 -
13 di drit get them until after you received that. There was or* 13 INS. MATTHEWS! Mot necessarily. We would analyze
14 in favor ofthe request to rezone the property, and two In 14 this information- I was talking about the properties that
16 apposttion of the request- 15 currently have duplexes-
16 The Applicant held a neighborhood meeting on March 16 COMMISSIONER LYKE: Right But would that stfll
17 4th, and there was one resident there who opposed the request, 17 not look a little bit like spat zoning if you are going A, 9,
18 basl rally, because he did not want the praperty to be reported 18 C, D, and then NR-3? You know what f mean? That still looks
19 to allow commercial and industrial use. However, NR-6 does not 19 spotty to me.
20 allow tho;,e type uses. - 20 - MS. MATTHEHIS; Yeah, it does, and it would.
21 Staff recommends denial of the request for two 21 COMMI55IONER LYKE: Okay. So that still doesn't
22 mein nn eons, the first being that it the pmperty Is rezoned 22 give you the parking Issues- And It could create more porldng-
23 to 1411-6, as you can see from the proposed zoning map, it will 23 Clues if there are more duplexes.
24 create an isolated zoning distrltt NR-6 Is not consistent 24 MS. MATTHEW 5: Yes, It could.
26 with the surrounding zoning. This Is called spot zoning, and 26 COMMISSIONER LYKE: Okay.
STOFFELS & ASSOCIATES DENTON. TEXAS 940-854797 STOFFELS & ASSOCIATES DENTON. TEXAS 94MS&97g7
9 of 32 sheets page 33 to 36 of 125 84/0212008 1D:O8:1fl AM
37 39
1 O71NMI55IONER WATKI1,115: Any other questions? Thank 1 that's what I want to do here Yath this property. So If you
2 you. Mr. Roosevelt wazhington, Jr., please come forward. 2 have any questions of me, I will be glad to answer.
3 MR. WASHINGTON: My name Is Roosevelt Washington, 3 I Would also like to submit one letter from Mr.
4 7r. I live at 2125 Woocilaroak Street here In Denton, 75205. 4 Craig HIII and Ms. Hill, who are in support, They could not be
6 Ihave.been in mnversatian with the Planning 5 here. They told me they could not be here. I would like to
6 Department Let me first say ihatthe thing I would like to 6 submit this letter to you. Arid they are in agreement with me,
7 address Is the possibility of having 16 bedrooms I s not what 1 7 Or they approve what I am going tv do.
8 even discussed with the Planning Department, nor am I acarsing 8 And, lastly, I am not seeking something from you.
9 them of saying something that Is untrue. I have talked to 9 I stayed here hoda y to appear before you, but I must go back to
10 drafting and design, who has helped me- And I don't have 10 Chicago. I have a daughtarwhe deed an Sunday, and] am
11 copies for all of you, but I have a pmlirrnary drawing, I 11 leaving the the First thing in the morning. Whetheryou
12 will be glad to share it with you. 12 approve this or not, it will not afrect meflnandally one bit.
13 I propose approximately 1,500 square feet, three 1$ I am trying to do sometAln(; that is goad fdrthecorn munity.
14 bedrooms each, apartments. And it is tdtree-bedroom apartments. 14 Thank you very much. Iryou have arty questlons -
15 And there is no possibility of renting these out as one-bedroom 15 MMMISSIONER WA71CNS: Any questions?
16.. apartntentsto students or anyone else in the nelghllnrhoad. 16 COMMISSIONER SCHAAKE: Could.I just crarify the
17 . Let me also say that when I houghtthis property, 17 number of u«Its you are going to have? You are going to have
18 from Mr. George ones, who died less than a year ago, It was an 18 Pour?
.19 eyesore In the community. I spent over $3,01D0 deaning.up that 19 MR, wASHTNGTON: Onoe it is replatted, there win
20 lot. Also, whenl --my duplexes under mum her Hand I,:under 20 be a duplex on each Iot. And there will be bNo'three-bed rodm
21 Exhibit 6, t built t]wo duplexesebaut eight years ago. And I 21 units, 1,500 square feet apiece. And you can see what I have.
22 cleaned up another eyesore In the community and putthese 22 Thls Is my preliminary drawing fro m Vetson, Chris Dotson, the
23 properties on the tax rules. Number H had four apartments in 23 architect. And rt s going co cost considerable amount of
24 It. And I oonvefted It back into two, a duplex. And it had a 24 money m put in proper sewa ge and the proper padding and
75 junkyard in the back yard. And it took me $8,000 to dean up 25 right-Of-ways. And 1 have already spent aver $.1,000 In
STOFFELS &AS3OC3A7€S dENTOd, TEXAS . 940-5155-9797 STOFFELS &ASSOCIATES DENTOH,TIXAB 9#4565.9787
gg 40
1 the junkyard. And 1 put this hack Into the neighborhood and 1 olwning that Iatup and cleaning the inside up. And It Is
2 madethts a Ilveable neighborhood, and enhanced the property 2. going to cast me another 5 tc $6,000 to demolish a house that
3 values of 013 lompertles In that nelghborhood, And I am 3 Is not capable well, it Is not financially errldenttn
4 providing housing for people who are on Section 8, as well as 4 rehabilitate that house- It Is about 1,401) square Met and
5 people who are paying their bills. 5 sits on both sides or that duplex lot. It Is lust nut
6 So I think thatwhat I am proposing to do, even at 6 flnanclaily capable arflscally possible to do It. So
7 Grdsstimbers and Ruth Street, Isto put property tax property 7 either-- If I can tdg itr I can'tdo it. MI will just
8 on the roles to enhance the Clty and to enhance the property 8 leave it sit there.
values of all or the properties In this neighborhood. 9 COMMISSIONER WATKINS: Any other questions?
14 Let me Just state that - what my motlvatlon Is. 10 MS. MATTHEViS: Can I say something?
11 I'retl red front North Texas State Un Ivers ltr 12 years ago. 1 11 COMMISSIONER WATKINS! All right
12 was a unlversity professor. The second black professor there. 12 m5-. MATTHEWS' or. Lyke, I would like to clear
13 I lived in Southrldge. Was the first black peson to move Into 13 something up. I did misspeak when I said that each the
14 Southridge. I lived there. And I had never gone over Into 14 letters In which the duplexes are Igcated would be rezoned.
15 southeast Denton ail the while I wasthere teaching at 15 But we would take a look attheendre blocka nd maybe rezone
16 Un[verslty of North Texas. I raised r y three children here In 16 to NR 6, because duplexes are permitUed, as well as srngle
17 Denton. 17 family, traditional single family.
18 But when I retired in 1996, 1 said r need 18 COMMISSIONER LYKE' Okay.
19 something W do. And I Bedded to go over and develop wretched 19 Mil. CUNNINGHAM' I would also like to add a point
20 property into liveable property for people who needed decent 20 of clarlficatlon. We didn't mean to I mply that Mr. Washington
21 housing. And that's what I did with property H and I on 21 would be building 16 units. What we were lagldng at is the
22 Exhibit No. 6. And I have since bought another house thatI 22 adnidg, Ir tt €s approved, vvau Id alhrrv up to l6 units. Soup
23 have renovated. And It Is now liveable. f put Js,00o into 23 to i6 potential IndNiduaN living the e, by nature of the
24 that house. It is now liveable. And people are paying their 24 duplex. There are two lots, so if you had two units per
25 rent, and It Is reasonable rent for where they are living. And 35 duplex, that would be four units. Plus four unrelated students
STOFFELS & ASSOGIATES MI ITON. TEXAS $40.555-9797 5TOFFa-S & ASSOCIATES DENTON, TEXAS 944565-9797
04f02/20A8 16:08:10 AM Page 37 to 40 of 125 10 of 32 sheets
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1 or four unrelated individuals Iby€ng there. So them is a 1 there are fourplexes in the area. There are twee fourplexes
2 poterrtal of 16 individuals being there. We didn't mean-to 2 In the area. And they don't have as much square footage of
3 imply that Mr. Washkigtonwould be altvwing them to be building 3 land a5 I harm for mine,
4 that. But the zone would allow for that. 4 COMMISSIONER WATKINS: Thank you. Okay, bark to
5 MMMISSIONER SCHAAKE: Then one rnore question of S our public hearing. Anyone that would like to speak for the
8 clarification. As you spoke about perhaps reaaning an entire 6 project? Arryone that would like to speak For the project?
7 area, you are proposing that the area In which you have the 7 Anyone that would lose to speak in opposition to the project?
8 letters would be considemcr NR-5 for We future? 3 Anyone like to speak In opposition? Please came to the
9 M5. MATTHEWS: Possibly. We would look atthatr 9 . mkrgshone.
10 look at the entire lotto be mzoned, td bring these uses up to 10 MR. JOHNSON: I am Nathanlel Johnson. And f am
11 Code and Conform. 11 speaklag in behaff Df my mother and my family.
.12 CCMMISSIONER SCHAAI(E' Sa then what fg proposed 12 What he Is proposing with the duplexes, the
13 'here would not he considered spot eonlng after you have 13 parking is going to be horre ndousr considering the streets(
14 MS. MATTHEWS: Aftrr It 1s rL' oriffri, the entire 14 themselves, already. Because we have a lot of tmtHe on Ruth .
15 bloefc, it would not be corisidered spot zoning, or isolabad 15 Street as It Is. And the other duplexes that he is talking
16 zoning. 16 about( which Is down the street, the fourplexes in a shotgun.
17 COMMISSIONER SCHAAKE; Ail right, Thank you. 17 It is shutgun,.I guess, apartment hgusing, if you will Very
18 COMMISSIONER EAGLETON: One more question. I 18 small area. And the concern Is that with the traffic that we
19 9uessmy question is is that if that does get resoned, will 19 already hare, how can the parking that he is proposing mirrimire
20 that then throw it out of the density requirements oththe 20 what we are already going through now?
21 dwsity limits for the area? 21 Again, he has a point that it is an eyesore. it
22 MS. MATTHEWS: I don't have my Cede with me. Do 22 Is. But we are looking at we have kids in the nelghborhood.
23 you have the Cade? 23 There Is a lot of traffic. We have a lot of college kids that
24 COMMISSIONER EAGLETON: I suppose that would need 24 live on our bloek. And we have a let of young kids drMng
25 to be brought bads before us for approval, if that were the 25 hack and forth. So If college -kl ds were to to to
8TOIT!ES-fi& ASSOCI RTES pENTON, TEXAS 94MGs-9797 STOFFELS &ASSOCIATES DENTON, TpXAS 94K~-%9797
42 44
1 case. Brit I sussed that would be the haue, 1 what's the word I am looking for? To house those units, what
2 M5. MAT MEWS: Den Clty? 2 can we do to mtnlrnft the tratflc? Because It Is not going 0
3 COMMIS5IONERR EAGLETON: Yes. Right. 3 get arty better. It Is goring to get worse. So If he has any
4 COMMISSIONER LYKE: Becauseth t would start 4 type of proposal on how he is going to do the parking, how he
a aff6mog the streets and sll that. 5 Is going to minimize that trdffie part, then we don't have a
Mfr CUNNINGHAM' Let me Interj2Ct One more point 6 pmhlem with that, I don't think my mother wouldn't have a
7 here again. If the Ewes would be Cansldered for rezoning, of 7 problem with that. They have been triers 35, 40 years. So has
8 course, Staff would have to go out into the area and do our 8 Mr. Jackson I mean Mr. Johnson, and Mr. Franklin and his
9 analysis and make sure that the service would be such aS txs 9 son, these are residences that have been there for 4C years
16 maintain Uu% type of zgning. keep In mind, we are not 10 Plus,
11 prematurely recommending anything here, saying thatwe will 11 So Ir he can accommodate and then, also, take a
12 give a recommendation for or rammmendatfon against. What 12 lock at what you said, about the density. If YOU Can take a
13 Staff 1s merely saying. Is, rather than )list looking at this one 13 look at that, then, and really malts a solid thing an It
14 lot In Isolation, we would look at the entire arear considering 14 )udgmenton it today, and have us to came hack with the answers
15 that there are existing duplexes in the area that are 15 that we are looking for, then I'm sure everybody would be for
16 corisidered nonconforming. We will take that into our analysis, 16 it.
17 and from there we will be able to form a rrew recommendation to. 17 COMMISSIONER WATKINS; Thank you very much. Any
18 the Planning and Zonrng Commission. 18 questions? Anyone else that mould like to speak far or against
19 . COMMISSIONER INATKIW, I added Mr. Hill's name to 19 this Item? All right, we will dose the public hearing.
20 your card as 20 olscusslon, anybody? Motion?
21 MR. WASHINGTON: May! make one other comment? I 71 COMMISSIONER SCHAAKE: I would just like to aska
22 would like to potrrt outthat not only are there other duplexes 22 question about Mr. Washington brought up the point that there
23 in the area, one of them eras left out. And that Ts the one 23 are duplexes nearby that are not marked. Is there - thank
24 right next door to - right across the street from the 24 you, Mr. Washington brought up the point that there were
2S property. And .them are not only other duplexes in the area, 255 duplexes. In fact, I went by it today and there seems to lie a
STQFFELS & ASSOCIATES ❑ENTON, TEXAS 9445659787 STOFFELS & ASSOCIATES OENTON. TEXAS MO-665-9797
11. or32.shaets Po ge 41 to 44 of 125 04fW2DO8 19:0810 AN
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1 rather new duplex right nearby. And do we have the map 1 COMMISSTONER i¢NG: I have a point. If It was
2 complete that we are looking aV Are we missing anything 2 NR-4, would there be any way I haven't looked, I don't have
3 that's In the area In the presenl8tlon in term8 of 3 an idea how big the lots are. "with an NR-4 versus NR-5, Is
4 understanding the existing uses and what the proposed use Is 4 there any way to make duplexes under that awning versus the
5 for this subject? 6 NR-V
6 MS. MATTHEWS., Well, based on. my analysis and 6 MS. MAT'IHEWS: NR-4 does allow duplexes, but theca
T research, Mr. Washingmn, what duplex Is not labeled? 7 Is a Ilmitatlon. If you will look A your backup, it has to be
a MR. WASHINGTON: Exhibit No. 6, right next to G, B at least two acres. They have to be individually o med. Mr.
B when you go swath or G, there is a duplex right there, right Ruusevcltis proposing rental units, and It is less than tyro
10 next to G, on the swath of G. 10 acres.
11. M5. MATTHEWS; So on the other side of Ruth 11 ODMMI55301VER WATKINS: An.y questlons or
12 Street? 12 discussion? Motion?
13 MR. WASHINGTON: Yes. Uirectly across "m the 13 OOMM755I0PJER THOMAS: I would, like Mr. Eagleton,
14 property, southeast side ofthe street, or southeast corms of 14 have to applaud what Mr. Washington is doing in this area. I
15 Ruth, there is another duplex. 75 have always liked this Pree, the rdl]]ng terrain, and It is a
1B MS. MATTHEWS: I did not see that as a duplex, but 15 shame the way It has deteriorated- Redevelopmentts a great
17 1 will 17 way to I mpnrnve that- I Just don't fee] IML, thls parttcular
1& MR. WASHINGTON: It Is. And not only that, I 1S example of spot zoning, we cant be held responsible for what
19 would like to address this 16-unit thing that you were bringing '19 was already there prior to cltywlde rezoning. And, I agree, A
20 up. Istlll don't understand where we get i6 rooms. ]am 20 would be a good Idea to go in and bring those up to ygur
21 proposing to build two three-Bedroom duplexes. 21 current use. But, again, the true deFinibw of this is spot
22 COMMISSIONER WATKINS: T think that you are 22 zoning, and so I vuquld have to move for denial.
Z3 misunderstanding v4mt was said. No gne vras accusing you of 23 COMMISSIONER WATKINS. Motion denied.
24 gc1np to build I6. But life being as. it is, that zoning goes 24 COMMISSIONER THOMAS- res.
25 with that piece of property. So 20 years dorm the road someone 25 COMMI55IONER WATKINS: SeoonV
STUFFELS & ASSOCIATES DENTON, TE7SAS 940.585-8797 STOFFELS & ASSOGLATES DENTON, TEXAS 00-$644797
46. 48
1 could build that number. 1 COMMISSIONER LYKE. Second.
2 MR. WASHINGTON: Oh, I see. 2 COMMSSIONER WATKINS: Pr. tyke, second. Please
3 COMMISSIONER WATKINS: Nor one is accusing you of 3 vote on the board, as painful as it may be. Jay, yours is not
4 even contemplating. this. They aria simply sayiirg.by the book, 4 registering.
5 ifyou open the beak, you could build 15 unitsthere, Not you, 3 GOMMISSIONEK SCHAAKE: The motlon was to deny.
b but someone following you. Does that help any7 a C0MM3SSIONER WA7KTN5: Right
7 MR. WASHINGTON: Not only that, i propose to build 7 COMMISSIONER THOMAS: Okay.
8 one-story bulldings rather than two-story. And the two to the S COMMISSIONER WATKINS: Is thatthe way you want to
9 north of me are two-s0ry bul Idings. And mme are going to be 9 vote?
10 pretty. 10 COMMISSIONER THOMAS: My motion is to deny.
11 COMMISSIONER WATKINS: I understand. Any other 11 COMMISSIONER WATKM5 All righty..5eren to zero.
12 comments or questions? Yes. 12
13 CDMMI55IONER EAGLETON: Well, I applaud what W. 13
14 Washington is doing, is proposing to do- My problem is that r 14
15 don't wanttoaddto.vhat I5 alreadya had sRUation and try to 15
16 KnIate this one lot and do something goad. The only way that 16
17 could happen is for us to rezone that property, which opens the 17
18
16 door for something bad to happen in the future. Not tan years
1$ dawn the road, but six months•dgwn the road. So ltis kind gf 19
20 a Catch 22, I understand and applaud what Mr. Washington is 20
21 doing. But I would hate for us to be responsible for something 21
22 that could happen six months to 20 years down the road by 22
23 rezoning the emire property. 23
24 COMMESSIONER WATKINS: I understand. Any other Z4
25 dlstusslon? 25
STOFFELS &ASSOCIATES 'PENTON. TEXAS 94t)-5654797 ST4FFELS & ASSOCIATES DENTON. TEXAS 940-565-8787
0410U200a 10:09:10 AM Page 45 to 48 of 125 12 of 32 sheets
EXHIBIT 10
ORDINANCE
$=~~u aacvn,~>s~~~~ns+eos-0oas-ate
O DINANCE NO.
AN ORDINANCE OF THE CTI'Y OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGTWORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLAS SMICATTON AND USE DESIGNATION TO A NEIGMDORHOOD RESIDENTIAL 6 (NR
6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.367 ACRES OF
LAND LOCATED AT THENORTHWEST CORNER Olt' RUTH STREET AND CROSS TIl1OM
STREET, AND LEGALLY DESCRIBED AS BLOCK 11, LOT 6 OF THE ALEX ROBERTSON
ADDITION, IN TBE CITY OF DENTON, DENTON COUNTY, TE)C S; PROVIDING FOR A
PENALTY IN THE MAXAfUM AMOUNT OF $2,0KD0 FOR VIOLATION'S THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (ZO8-0005)
WHEREAS, Mr. Roosevelt Washington, Jr., has applied for a change in zoning for
approximately 0.367 acres of land legally described in Exhibit A, attached hereto and incorporated
herein byreference (hereinafter, the "ProperW% from a Neighborhood Residential 3 (NR-3) zoning
district classifications and use designation to a Neighborhood Residential 6 (NR-6) zoning district
classification and use designation; and
WHEREAS, on Mauch 26, 2008, the Planning and Zoning Commission recommended denial
of the requested change in zoning; and
V fiEREAS, pursuant to §35.3.4.C.4.h of the Denton Development Code, at least a Y,
majority of City Council members qualified to vote finds that the change is consistent with the
Denton Plan and the Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY Orr DENTON HERESY ORDAINS-
SECTION 1. The findings and recitations contained in the preamble of this ordinance we
incorporated herein by reference as true-
SECTION 2. The zoning district classificat can and usedesignation forthe Propert3 i h=by
aged from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 6 (NR-6),
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official land use map is amended to show the change in the Land
use designation.
SECTION 4. If any pmvi,siorr of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person Violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each clay that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
S ION 6. This ordinance shall become effective fourteen (14) days from the date of its
Passage, and the City Secretary is hereby duwted to cause the capon of this wfinance to he
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of'Dentcn,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVE] this the , day of 2D09.
MARK A. BURROUGHS, MAYOR
ATTEST;
JRKNIFER WALTERS, CYTY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:~
` Om d= mmtAor~02D 0005 dw
EXHJBIT A
LEGAL DESCRIPTION
DESCR1PTIVN
0375 ACRM
Al th et amft ftd afland ow"m 9nthe DamlGc Caoaty, Twau~ and
b athS all of lAt 6, Rb* 11 of R em Addfian, an addff m k the w of
Aaota% > C Wa Terse, woomfieg w~ the l tbmtwieoordw io V & 4 Page
190 Plat Rndur& of Denim may; Te , MA bicing My p pi jwficx~4wy d i[~ as
fidias~: -
BW[l!WM at a almd yr it= and act lbr d w Sou&csm ==w a rww Lot k in &e
Nm & E4 ftb - 0 S Iloe0th Sb 09 , aadin *A W"tXW-a-,kr tim ofG*on T#mba
TBv-gm went with SM& sec of 09 Lot 6 aad the, nK line &Ru& Stw4 1W_W feat
~ ~ ragpad ifs" iran red nat. ~ €br,,~p~gq~ aomaer o['# ti, e~ a# Wo Sam
COMWOEI 5 of said addWan;
TFMIM NW& 011 CV= 5S hdk mtm 04 Sewaft Wee tm aksk lies a0d
do Wm lboofmid I& A,'159A 1 &dto it mffed 12m if= red apt fordo lwin t
garnar• dlgftw4 and at tom, Nam wmw oisaid la S;
T[HKCE lmt with i& S3et& line cftaid L& C~ 102_W rcd 09 aE capped 112" hm nerd net
fiar i# 1+Ioetlaeade:
wmw ti p, and in the aad J'm of Cmas Timb r Stu;
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I HnO of mid Lot 6,159;41 hd to fm FODU 0j+ 1 "rMM and matakft 0.375
PAGE 3
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29
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA09-0001 (Definitions of "City Engineer" and "Church")
Hold a public hearing and consider an ordinance of the City of Denton, Texas, amending
Subchapter 23 of the Denton Development Code; revising the definition of Church and providing
a definition for City Engineer; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (DCA09-0001) The Planning and Zoning
Commission recommends approval (6-0).
BACKGROUND
The two definitions under consideration are proposed to address technical issues that have
recently been identified in the Denton Development Code. The first proposal, to add a definition
for "City Engineer" to Chapter 23 of the Denton Development Code, is being proposed by the
City Manager's Office in order to create flexibility in addressing development review issues, and
to effectuate the feedback received at the last joint meeting of the City Council and Planning and
Zoning Commission. The second amendment, the revision of the definition of "Church", is
being proposed by the Legal Department.
PRIOR ACTION
April 8, 2009 Planning and Zoning Work Session
April 22, 2009 Planning and Zoning Work Session and Public Hearing
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
On April 22, 2009, the Planning and Zoning Commission conducted a public hearing and
recommended approval of the proposed amendments (6-0).
The Development Review Committee recommends approval of this Development Code
Amendment.
EXHIBITS
1. Proposed Definition of City Engineer
2. Proposed Changes to the Definition of Church
3. Planning and Zoning Commission Work Session Minutes, April 8, 2009.
4. Planning and Zoning Commission Work Session/Public Hearing Minutes, April 22, 2009.
5. Ordinance
Prepared by: Respectfully submitted by:
Jane Gurney Mark Cunningham, AICP
Associate Planner Director of Planning and Development
EXHIBIT 1
PROPOPSED DEFINITION OF CITY ENGINEER
City Engineer: The individual holding the office of City Engineer of the City of Denton, Texas,
who shall actively maintain licensure in good standing as a Professional Engineer under the laws
of the State of Texas. Those duties assigned by this chapter to the City Engineer which relate to
the development review process may be reassigned by the City Manager, in whole or in part, to
one or more licensed professional engineers, as needed to adjust workflow or to provide specific
expertise.
EXHIBIT 2
PROPOSED CHANGES TO THE DEFINITION OF CHURCH
Current Definition
Church: A structure owned and/or used by a religious organization or congregation and
providing regular organized religious worship, religious training, or education of it members;
rectory or convent; meeting hall, offices for administration of the institution; and, excluding
buildings used exclusively for private education or school, dormitories for students, recreation
associated with a school, day care facilities, arenas or production studios. A house of worship
may include the following accessory use in addition to the principal structure: dwelling units for
religious organization personnel located within an accessory structure(s).
Proposed Definition
Church: A structure used by a religious organization or congregation for regular organized
religious activities. A church use may also include accessory or subordinate uses and structures
associated with its religious mission, such as: rectories, convents, meeting halls, offices for
administration of the institution, schools, educational facilities, dormitories for students,
parsonages, dwelling units for religious organization personnel, recreational facilities, day care
facilities, arenas or production studios, or any combination of such optional uses, provided that:
1. This definition shall not apply to any such accessory or subordinate uses, unless they
are secondary to an active, primary church use located on the same premises,
regardless of whether such uses are owned, operated, managed, supported, or
endorsed by, or otherwise affiliated with, any religious organization, mission or
belief, and regardless of whether any religious message, teachings, customs,
celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction
with such uses; and,
2. Any and all such accessory or subordinate uses having a residential component, such
as rectories, convents, parsonages, dormitories and dwelling units, shall be located
within an accessory structure, secondary to the main church use. The primary
structure may not be used for any such residential use.
Proposed Changes
Deletions are shover Additions are shown in underlined blue text.
Church: A structure owned and/or used by a religious organization or congregation, and
~ *r^: , > or education of i*
pig for regular organized religious activities worship reli-i
for
°m'~°r~; A church use may also include accessory or subordinate uses and structures associated
with its religious mission, such as: rectories, convents, convent; rectory or meeting halls, offices
for administration of the institution schools educational facilities dormitories for students
parsonages, dwelling units for religious organization personnel, recreational facilities, day care
facilities, arenas or production studios, or any combination of such optional uses, provided that:
students, r-eefeatien associated with a school, day care f6eili E)f production studies. A
house of worship may include the following accessory use in addition to the principal structure,:.
dwelling units for reli - i - . 7-ation personnel located vv4thin an accessory stfuetur-e(s):
1. This definition shall not apply to any such accessory or subordinate uses, unless they
are secondary to an active, primary church uod on the same premises
regardless of whether such uses are owned, operated, managed, supported, or
endorsed by, or otherwise affiliated with, any religious organization mission or
belief and regardless of whether any religious message, teachings, customs,
celebrations, ceremonies, rituals, rites, worship or content are provided in con'unction
with such uses, and,
2. Any and such all uses having a residential component, such as rectories, convents,
parsonages, dormitories and dwelling units, shall be located within an accessory
structure, secondary to the main church use. The primary structure may not be used
for any such residential use.
EXHIB[T3 3
Minutes from April 8, 2009 Work Session
1 PROCEEDINGS 1 don't we start in open session. And if it looks like
2 (CHAIRMAN WATKINS, COMMISSIONERS SCHAAK€, 2 something we need to go into close session for, IT let
3 LYKE, EAGLETON, KING, THOMAS, JERRY DRAKE, 3 you know.
4 AND MARK CUNNINGHAM PRESENT.) 4 MR. CUNNINGHAM: Okay. We do have a
5 (Work Session begins at 5:42 p.m.) 5 definition of City Engineer, actually, generated out of
6 CHAIRMAN WATKINS: Okay. Ladies and 6 the City manager's office. And if you look in your
7 gentlemen, I have 6:40 or 5:42. This is April the 7 agenda, you will see the definition.
8 8th, 2009. The quorum is present, so I will convene the 8 And the purpose of coming up with a
9 planning session. 9 definition was to more or less facilitate with some
10 First item on the agenda posted is receive 10 level of ease division of duties regarding engineering
11 a briefing and hold a discussion on the items listed on II between that would be attributed to the CIB
12 the Consent Agenda. 12 Engineering. that would be attributed to the Development
13 That's a whole lot of questions. Does that 13 Review Engineer. More or less, you know, to not burden
14 take care of that one? 14 one person so much with all the duties and
15 COMMISSIONER THOMAS: I guess we consent, 15 responsibilities.
16 sir. 16 The definition is pretty much
17 CHAIRMAN WATKINS: All right. Very good. 17 self-explainable. And I will stand for questions. And,
18 We can go to Item No. 2. Receive a report 18 again, if we think that we need to go into closed
19 hold a discussion, and give staff direction concerning 19 session to discuss the definition, then I'm definitely
20 proposed amendments to Subchapter 23 of the Denton 20 open to that, also.
21 Development Code regarding definitions of City Engineer. 21 MR. DRAKE: We're not actually posted for
22 MR. DRAKE: That would be me. If you 22 closed session on the City Engineer. I can, you know,
23 unless you want to introduce it somehow. 23 just
24 MR. RUSSELL: Well, let's get it set. Mr. 24 MR. CUNNINGHAM: Okay. That's fine.
25 Chair, members of the Commission, I know that Mark 25 MR. DRAKE: --go perhaps shed a little
2 4
1 Cunningham is here. And he's prepared to discuss this i bit more light on it. That if you remembering back
2 Item. And I think levy Drake is also prepared. But 2 to your joint planning session with the City Council,
3 I'd like to turn it over to Mark first, if I may. 3 that the Planning and Zoning Commission and the City
4 MR. DRAKE: Sure. Go ahead. 4 Council had expressed the desire to have a Development
5 MR. RUSSELL: I'll ask hire to come up. 5 Review Engineering function that would be part of the
6 MR. CUNNINGHAM: What Item am I prepared to 6 initial review process development review process.
7 discuss? 7 This would enable that. And part of the reason why we
8 MR. DRAKE: Yeah. 8 did it in this fashion is that the DDC, itself, has
9 MR. CUNNINGHAM: Good afternoon, gentlemen. 9 several places where it refers to the function of a City
10 Before we begin, I'd like to introduce the newest member 10 Engineer. We don't we're not sure that we can catch
It to our staff. Ms. Katia Boykie. She's back there in 11 them alL, you know.
22 the black and white stripe blouse. She's our 12 And so the my suggestion was that rather
13 neighborhood planner. And she started this week. And 13 than even attempt to do that and risk the idea that we
14 we are pleased to have a her on board. 14 might miss a few, why not just since there's no
15 You have two definitions on your agenda 15 currently no definition of City Engineer, why not just
16 today. And I know 16 go ahead and put a definition in there, and simply
17 CHAIRMAN WATKINS: I'm only bringing one 17 provide that if it has to do with the Development Review
18 forward now. 18 functions and review of the City Engineer, that the City
19 MR. DRAKE: Well, I was just going to go 19 Manager would have the option of designating somebody in
20 possibly go into closed section on one of them. If we 20 particular. Could be somebody inhouse. Could be
21 could cover them without going into closed session, I'll 21 somebody outside. Could be two or three different
22 be happy to. 22 engineers as long as they have PE licenses to perform
23 MR. CUNNINGHAM: I mean, that's your 23 that function.
24 determination. 24 Now, we all know that the plan is to do it
25 MR. DRAKE: Yeah. Right. Well, we why 25 internally. And but this definition is designed to
PLANNING AND ZONING COMMISSION APRIL 8, 2009 Page 1 to 4 of 72
5 7
1 promote the maximum flexibility associated with i worship, training, and education to its members. But it
2 designating it whether it's because of workload or 2 also includes, though, some residential uses like a
3 expertise or because, you know, maybe somebody it may 3 rectory or convent. And it says excluding buildings
4 be a particular area that's unique that we need some 4 used exclusively for private education for school,
5 specific expertise. 5 dormitories for student recreation associated with
6 MR. CUNNINGHAM: Any questions? 6 school, day care facilities, arenas, and production
7 COMMISSIONER THOMAS: My only question 7 studios.
8 would be I mean, the definition is fine. But as far 8 And then it goes on to talk about may
9 as being at the DRC meetings, I think it's of equal 9 include the following accessory use in addition to the
10 importance that they have the right to make binding 10 principal structure: Dwelling units for religious
1i decisions. 11 organization personnel located within an accessory
12 MR. DRAKE: Uh-huh. 12 structure. And I think it's pretty clear that the
13 COMMISSIONER THOMAS: I guess that would be 13 intent of this was that, you know, if you have a typical
14 what we've seen. 14 church campus that most of us associate with the
15 MR. DRAKE: Well, yeah. That wasn't part is churches that we go to, you know, there may be some
16 of the charge that I was given. 16 subordinate uses. You got the main sanctuary and the
17 COMMISSIONER THOMAS: I know. 17 fellowship room or what have you. But there may be some
18 MR. DRAKE: But, you know, as far as, you IS areas where people might sleep for a say, a bible
19 know, filling out the charge, I think that this would do 19 camp or, you know, some kind of religious training.
20 it in a way that maximizes flexibility and 20 I know at one time we had one religious
21 MR. CUNNINGHAM: And that really was part 21 organization that wanted to have some people come in and
22 of the intent that once the you know, say, for 22 study their faith for six months out of the summer as
23 instance, if P.S. is given certain authority over 23 part or, I guess, three months out of the summer as
24 certain purviews engineering purviews, then he would 24 part of their religious training.
25 have the authority. He wouldn't have to go back and 25 And I think for most of us it was always
6 8
1 check, per se, with someone else. He would be i fairly clear that the intent was that that's that
2 considered the City Engineer in that capacity and would 2 doesn't mean that they sleep in the sanctuary or in the
3 have full authority to make decisions, you know, based 3 main building or in the administrative offices or
4 on his comfort level and expertise. 4 anything of that nature. That the idea that all of us
5 CHAIRMAN WATKINS: Any other comments? All 5 had in mind was that that would.be some other kind of
6 right. 6 structure.
7 COMMISSIONER DRAKE: Do you want to start 7 The issue that came up fairly recently was
8 out on church? Or do you want me to? a something that doesn't really fit within our traditional
9 MR. CUNNINGHAM: No. I'm done. No. You 9 definition of a church. It was a one particular
10 have church listed as closed meeting, so. 10 building a house, in fact. And the idea that people
11 MR. DRAKE: Well, I've got it listed for 11 would sleep in that house and it could still operate or
12 both. 12 function as a church. And it was at least suggested
13 MR. CUNNINGHAM: Okay. 13 that our definition could be clearer and whether it
14 MR. DRAKE. So if you'd like, I can go 14 would allow for that type of definition or not.
15 ahead and get started on this if depending on the 15 And so, coming out of that, we are
16 nature of the questions you have, you know, we I may 16 proposing to redefine the term "church" without really
17 recommend that we go ahead and exercise our right to go 17 getting into ancillary issues of whether we want to call
18 into closed session. 18 it a house of worship or a synagogue or any of those
19 But, as you know, we recently had a case in 19 other issues. Just simply addressing the main issue at
20 which we had to take a look at our definition of church. 20 hand of the sleeping arrangements and what have you.
21 And as it's currently defined, you know, it talks about 21 And the definition, itself, proposes that
22 being a structure that's used for by a religious 22 we focus, initially, sort of on the main structure of it
23 organization. And just kind of starting out, it talks 23 and the various different functions that can take place
24 about, you know, being a structure kind of suggests that 24 as part of a church. Bearing in mind, that there are
25 it would be one building providing regular organized 25 federal laws that, you know, restrict our abilities with PLANNING AND ZONING COMMISSION APRIL 8, 2009 Page
5 to 8 of 72
9 11
I respect to the any kind of impairment of the free 1 and it may not have anything to do with our teachings or
2 exercise of religion. We've got to keep it fairly open 2 what have you.
3 and fairly be fairly open minded in our application 3 But it's even though it's in a separate
4 of it. 4 building that you know, if you're going to enjoy the
5 But provided in Nos. 1 and 2 that the 5 benefit of having a church use under our zoning
6 definition shall not apply to uses, unless they are 6 ordinance, then, you know, it what you do with that
7 ancillary or subordinate to an active primary church use 7 use has to be tied to your religious teachings and dogma
8 located on the same premises, regardless of whether such 8 and what have you. And not just merely some, you know,
9 uses are owned, operated, managed, supported, or 9 secondary proposition. And so it's long because there's
io endorsed by, or otherwise affiliated with, any religious 10 a lot of examples that are followed on by commas.
11 organization, mission, or belief, and regardless of 11 COMMISSIONER SCHAAKE: Yes.
12 whether any religious message, teachings, customs, 12 MR. DRAKE: And so it's
13 celebrations, ceremonies, rituals, rites, worship, or 13 COMMISSIONER EAGLEfON: The only problem
14 content are provided in conjunction with such uses; and, 14 that I can see with that is that, you know, if it is an
15 any and all such uses having a residential component, is ancillary building and people are living there, what if
16 such as rectories, convents, parsonages, dormitories, 16 every single night there is a religious teaching in that
17 and dwelling units, shall be located within an accessory 17 particular space.
18 structure, secondary to the main church use. 18 MR. DRAKE: Yeah.
29 So we wanted to state, you know, in No. 2 19 COMMISSIONER EAGLETON: Who's to say then
28 just about as plainly as we could that any kind of 20 that it's not being used for the purpose for which it
21 dwelling arrangements would be as part of an accessory 21 was denoted.
22 structure that would be secondary to the main use. And 22 MR. DRAKE: And, quite frankly, that's
23 in Item 1 it, essentially, justifies that it really 23 going to be very difficult to do. You know, it I
24 needs to be part of the core religious values associated 24 don't I cannot imagine that if there's a you know,
25 with the church and not just, say, a money-making 25 a religious component associated with it, that we would
10 12
1 proposition or, you know, rental housing or something of 2 recommend saying it's not religious enough. Because,
2 that nature. It has to be associated with the teachings 2 you know, religion is one of those things that's, you
3 of the church. 3 know, very difficult to put into objective terms. You
4 COMMISSIONER SCHAAKE: The first sentence 4 know, there are all kinds of Supreme Court cases that
5 is very long. And when you finish reading it, I sort of 5 talk about the legitimacy of religious exercise that
6 want to say, now, and what does that mean? The second 6 many of the traditional faiths would not be able to
7 one is clear. 7 tolerate.
8 MR. DRAKE: Uh-huh. 8 CHAIRMAN WATKINS: I would like to put this
9 COMMISSIONER SCHAAKE: It says that if 9 into closed session.
10 you're going to have a dormitory, it has to be in a 10 MR. DRAKE: Okay. I guess if we could
12 separate building. 11 excuse the other members of the audience.
12 MR. DRAKE: Right. 12 (Work Session went into closed session at
13 COMMISSIONER SCHAAKE: So what are you 23 5:53 p.m.)
14 really saying in the first one? 14
15 MR. DRAKE: Are you talking about Sub is
16 Item 1? The definition of not applied to? 16
17 COMMISSIONER SCHAAKE: Yeah. 17
28 MR. DRAKE: What I'm trying to say is that 18
19 it's got to be legitimately part of a church use. You 19
20 know, it's got to be legitimately part of the teachings. 20
21 It's not it's not that we have a church, and we got 21
22 some left over property. You know what, we can make a 22
23 little money off of it if we built some apartments and 23
24 lease them out, you know. Or if we, you know, take a 24
25 portion of it and lease it out to people to live there, 25
PLANNING AND ZONING COMMISSION APRIL 8, 2009 Page 9 to 12 of 72
EXHIBIT 4
Planning and Zoning Commission Work Session/Public Hearing Minutes, April 22, 2009
25 CHAIRMAN WATKINS: Item No. 4, receive a report
20
1 and hold a discussion, give Staff direction concerning proposed
2 amendments to Subchapter 23 of the Denton. Development Code
3 regarding definition of City Engineer and Church, DCA09-0001.
4 MR. DRAKE: If it is okay with you, I'm just going
5 to stay seated right here while we talk about this. We had
6 discussed the City Engineer language. And there really didn't
7 seem to be a whole lot of discussion about it the last time.
8 Most of the discussion seemed to focus on the change to the
9 definition for Church.
10 And I know there was a desire to kind of
11 streamline the language as well as we could. And I know that
12 Mark Cunningham and I got together and tried to make a few
13 changes to make it a little bit clearer as far as our intent.
14 Just to bring Mr. Ryan up to speed, basically the issue was
15 that there was a suggestion that the definition of Church
16 should be a little bit clearer, insofar as it had always seemed
17 implicit to everyone that a church use is the primary use of
18 a church would not be used for residential purposes. And it
19 seemed consistent with most people's concept of what a church
20 was and consistent with what our definition of a church was.
21 And in the Development Code, that you could have
22 some residential uses, like dormitories or a rectory or convent
23 associated with a church. But the primary building associated
24 with it wouldn't be used for that purpose.
25 And the city was recently challenged on that. And
SESSION APRIL 22, 2009
21 23
1 some of the feedback that we got in that case was that we
I 0Cd+AfI55I0NER THOMAS: We are either thoroughly
2 should probably take a look at our definition and try to nail 2 informed or thoroughly confused here. You go with it.
3 it down a little bit more plainly that although, you know, we 3 MR, DRAKE: In any case, my work is done.
4 can't rule out any kind of possibility of a residential use in 4 CHAIRMAN WATKINS: Any other comments3 Okay. All
5 a church, to make it a little bit more clear that you can't s right. I will consider us adjourned at 6:07.
6 have it in the principal structure. It needs to be in some 6 (End of Work session.
7 kind of a secondary structure that still, you know, has a 7
8 religious mission. It still has, you know, a basically 8
9 religious use. And we weren't really trying to change the 9
zc
10 intent of the definition or really get fancy with it. We were
II
11 just trying to clarify that one point. 12
12 And so we did go ahead and e-mail out this 13
13 definition last week for you to take a look at. Last night we 14
14 took it to City Council. I think they were basically receptive 15
15 to. it, insofar as it went. There was a suggestion at Council 16
16 that perhaps we needed to look at some other issues in addition 17
17 to it, Not necessarily, you know, to hold this change up, you 18
18 know. We want to go ahead and get this one implemented 19
19 quickly, if we can. But to take a look at some point in the 20
21
20 future at issues relating to parking and to make sure that if
zz
21 we are in a similar situation that we are not hamstrung by 23
22 regulations relating to parking that might trip us up at some 24
23 point in the future.
zs
24 And not to put words in Chuck's mouth, but I think
25 he pointed out last night that there is an effort already in
22
1 the works to take a look at parking from a more comprehensive
2 basis, anyway. And it would probably be appropriate to look at
3 this in that larger, overall context, if we had something more
4 specific as a church as a use.
5 But to make a long story short, I think that they
6 were basically favorable to the clarification that we provided
7 on this one point and were simply urging us to take a look at
8 some of these other issues related to parking at some point in
9 the future.
10 MR. RUSSELL: This definition again is revised
11 based upon conversations at the P & Z two weeks ago.
12 MR. DRAKE: Right. So one of the things that we
13 wanted to do, and one of the reasons why we actually wound up
14 taking it to Council for a Work Session last night instead of
16 waiting until you had your Public Hearing tonight, is that the
16 current Council has some familiarity with the issue. And the
17 concept needed to be addressed. And so one of the things we
18 thought would be good would be to, if at all possible, get
19 through the Public Hearing tonight at P & Z with a
20 recommendation, carry it forward to City Council so that they
21 could vote on it on the 5th, where they get some new members on
22 board that might want to take a closer look at some of the
23 other issues that might kind of slow the process down a little
24 bit. Any questions?
25 CHAIRMAN WATKINS: Good presentation, I suppose.
PLANNING & ZONING WORK SESSION APRIL 22, 2009
13 15
1 CHAIRMAN WATKINS: Item No. 5A, Amendments to 1
2 . Subchapter 23 of the Denton Development Code pertaining to 2
3 definitions of City Engineer and Church. This would be DCA09- 3
4 0001. 4
5 MS. GURNEY: Goad evening. In the requested 5
6 amendment to the Development Code before you this evening are 6
7 two-fold. One is to revise the existing definition of Church 7
8 use. And the second is to add the definition of City Engineer 8
9 to the Development Code. City Engineer is referred to in the 9
10 Code currently, but there is no definition in the Code. 10
11 As we have discussed in Work Sessions, the new 11
12 proposal for Church definition I won't read it unless you 12
13 would like me to as outlined in your backup package, there 13
14 is a main definition with two provisions within that, 14
15 Definition 1 and 2 And the definition of City Engineer, which 15
16 will be added to clarify responsibilities in the development 16
17 review process. And Staff is recommending approval of the 17
18 Planning & Zoning Commission. 18
19 CHAIRMAN WATKINS: Is there anyone who wishes to 19
20 speak for? I have no cards. This is a Public Hearing. No one 20
21 to speak for? Close the Public Hearing. Discussion? 21
22 COMMISSIONER KING: Approval. 22
23 COMMISSIONER SCHAAKE: Second. 23
24 CHAIRMAN WATKINS: And I have a second. Please 24
25 vote on the board. Six to zero to approve. 25
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PLANNING & ZONING PUBLIC HEARING APRIL 22, 2009
EXHIBIT 5
s:lour documents\ordinanms\09\dca09-0001 Am
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 23 OF
THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITION OF CHURCH AND
PROVIDING A DEFINITION FOR CITY ENGINEER; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (DCA09-0001)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.23 of the Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Denton Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.23 of the Denton Development Code are amended to reflect the
changes and additions outlined in Exhibit "A"; all provisions not changed herein to remain as
written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVE I 10" LEGAL FO
ANI URGESS, CITY ATTORNE
PAGE 2
EXHIBIT A
Section 35.23.2 of the Denton Development Code is hereby amended to reflect the following
changes and additions to the Definitions and Terms:
Church: A structure used by a religious organization or congregation for regular organized
religious activities. A church use may also include accessory or subordinate uses and structures
associated with its religious mission, such as: rectories, convents, meeting halls, offices for
administration of the institution, schools, educational facilities, dormitories for students, parsonages,
dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas
or production studios, or any combination of such optional uses, provided that:
1. This definition shall not apply to any such accessory or subordinate uses, unless they are
secondary to an active, primary church use located on the same premises, regardless of
whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise
affiliated with, any religious organization, mission or belief, and regardless of whether any
religious message, teachings, customs, celebrations, ceremonies, rituals, rites, worship or
content are provided in conjunction with such uses; and,
2. Any and all such accessory or subordinate uses having a residential component, such as
rectories, convents, parsonages, dormitories and dwelling units, shall be located within an
accessory structure, secondary to the main church use. The primary structure may not be
used for any such residential use.
City Engineer: The individual holding the office of City Engineer of the City of Denton, Texas,
who shall actively maintain licensure in good standing as a Professional Engineer under the laws of
the State of Texas. Those duties assigned by this chapter to the City Engineer which relate to the
development review process may be reassigned by the City Manager, in whole or in part, to one or
more licensed professional engineers, as needed to adjust workflow or to provide specific expertise.
PAGE 3
AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA09-0002 (Rayzor Ranch)
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending the Denton Development Code and the Development Standards for the
Rayzor Ranch Overlay District by adding a new subsection 35.7.13.9.C., relating to
administrative approval of minor site design amendments; providing for severability;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof, and
providing an effective date. (DCA09-0002) The Planning and Zoning Commission
recommends approval (6-0).
BACKGROUND
Section 35.7.13.9. of the Denton Development Code (DDC) addresses site design
standards in the Rayzor Ranch Overlay District. Currently, there is no designated
amendment process to make modifications to approved elevations or their corresponding
floor plans for proposed commercial development north of U.S. 380 (The Marketplace).
An application must be made for P&Z and City Council consideration as an Overlay
District amendment.
The owner and developer of the Rayzor Ranch project (Allegiance Development) has
requested consideration of an amendment that would authorize limited administrative
authority by the City Manager to better facilitate the development of the Rayzor Ranch
Marketplace. Exhibit 1 contains proposed language that will allow the City Manager's
Office to consider staff recommended changes that are deemed to be essential to the
viability of the project without jeopardizing the overall architectural theme and
compatibility of Rayzor Ranch.
Proposed architectural deviations will not be allowed to promote a design that is
fundamentally inconsistent with the overall site design aesthetic or unique attributes of
Rayzor Ranch. Staff will be requesting that proposed deviations be mitigated or offset
with complementary public space enhancements, much like the concept of an Alternative
Development Plan.
PRIOR ACTION
April 22, 2009 Planning and Zoning Work Session and Public Hearing
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
On April 22, 2009, the Planning and Zoning Commission conducted a public hearing and
recommended approval of the proposed amendments (6-0).
The Development Review Committee recommends approval of this Development Code
Amendment.
EXHIBITS
1. Proposed Language
2. Ordinance
Prepared by: Respectfully submitted by:
Chuck Russell, AICP Mark Cunningham, AICP
Planner Supervisor Director of Planning and Development
EXHIBIT 1
PROPOSED LANGUAGE
Section 35.7.13.9. of the Denton Code, dealing with site design standards in the
Rayzor Ranch Overlay District, is hereby amended to add a new subsection
35.7.13.9.C., to read as follows:
C. Minor Site Design Amendments. Upon recommendation of City staff,
the City Manager may approve minor aesthetic deviations to architectural
elevations and other approved site design standards and details associated
with the Marketplace Subarea within the Rayzor Ranch Overlay District,
if necessary to protect the viability of the district as a whole.
1. Such minor aesthetic deviations shall, however, be constrained to
those which:
a. as mitigated in 35.7.13.9.C.2.b, below, promote and
enhance the purpose of the district, as set forth in
§35.7.13.1;
b. as mitigated in 35.7.13.9.C.2.b, below, promote and
enhance the unique attributes of the district, as required in
§§35.7.1, 35.7.2, and 35.7.3 of the Denton Development
Code; and
c. deviate from approved site design standards and guidelines
for the district, to the minimum extent necessary to
accommodate the demands of a specific commercial use
whose presence is deemed important to the success of the
development as a whole.
2. The following considerations should guide the approval of a minor
site design amendment:
a. The deviation is necessary to accommodate standard floor
plans, site designs, or architectural requirements demanded
by a specific commercial use whose presence is deemed
important to the success of the development as a whole.
b. Such deviations may not promote a design aesthetic that is
fundamentally inconsistent (i.e., may not clash) with the
overall site design aesthetic, or unique attributes of the
district. Colors, textures and materials shall at least be
harmonious with those approved in the design standards for
the district, and architectural styles may not be
fundamentally inconsistent with the standards (e.g., no
Greek Revival, Georgian, Roman columns, futuristic, or
mid-century modern designs), except as otherwise allowed
by the limited criteria for national trade dress in Exhibit H.
C. Such aesthetic deviations should be mitigated or offset with
complementary public space enhancements (e.g., hardscape
details, sculpture, open areas, designed to promote and
enhance the theme of the district) to the extent necessary to
ensure that the purposes and unique attributes of the district
are equaled or enhanced overall, despite the minor aesthetic
deviation in the architectural elevation, or other site design
attribute.
3. No amendment may change any use restriction or mandatory
standard of this district, except to the limited degree authorized by
this 35.7.13.9.C. subsection.
EXHIBIT 2
sAour documents\ordinanCesk09kdcaO9-0002.doc
ORDNANCE NO.
AN ORDINANCE OF TIE CITY OF DENTON, TEXAS, AMENDING THE DENTON DEVIIAPMENT
CODE AND THE DEVELOPMENT STANDARDS FOR TEE RAYZM RANM OVERLAY DEIRUF BY
ADDING A NEW SUBSECTION 35.7.13.9.C., RELATING TO ADMINMRATAE APPROVAL OF
MINOR SITE DESIGN AMENDME INS; PROVIDING FOR ; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT' OF $2,000.00 FOR VIOLATIONS THEREOF, AND
P R O V IDI N G A N E F F E C T iV E DAT E.
WHEREAS, the owner of the property defined by the Rayzor Ranch Overlay District,
legally described in Exhibit "A" to Ordinance 2007-110, and incorporated herein by reference
(the "Property") supports the amendment described herein to the Rayzor Ranch Overlay
District; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable
and necessary requirements to insure the protection and enhancement of said land and
structures. Further, the overlay districts are authorized to establish specific design standards
and development regulations to effectuate the purpose of the district; and
WHEREAS, on April 22, 2009, the Planning and Zoning Commission, conducted a public
hearing, and having found that all prerequisite requirements had been satisfied, recommended
approval of the requested code amendments; and
WHEREAS, on May 5, 2009, the City Council held a public hearing as required by law and
approved the modified Rayzor Ranch Overlay District, as amended herein; and
WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District serves
a public purpose; and
WHEREAS, the CityCouncil makes the following findings:
A. The changes are consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property, which
is distinct from the lands and structures outside of the Rayzor Ranch Overlay
District, including the immediate neighborhood. NOW, THEREFORE,
THE COUNCIL OF THE CTTYOF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Section 35.713.9. of the Denton Code, dealing with site design standards
in the Rayzor Ranch Overlay District, is hereby amended by adding a new subsection
35.7.13.9.C_, to read as set forth in Exhibit A to this ordinance, attached and incorporated by
reference herein; all provisions not specifically added herein shall remain as written.
SECTION 3. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way affect the validity or the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
SECI'ION4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas within ten (10) clays of the date of its passage.
PASSEDAND APPROVED this the day of 2009.
s
MARKA. BURROUGFIS, MAYOR
ATTEST:
JENNIFA2 WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITABURGESS, CIIYATTORNEY
2
Exhibit A
Section 35.7.13.9. of the Denton Code, dealing with site design standards in the Rayzor
Ranch Overlay District, is hereby amended to add a new subsection 35.7.13.9.C., to read as
follows:
C. Minor Site Design Amendments. Upon recommendation of City staff, the City
Manager may approve minor aesthetic deviations to architectural elevations and
other approved site design standards and details associated with the
Marketplace Subarea within the Rayzor Ranch Overlay District, if necessary to
protect the viability of the district as a whole.
1. Such minor aesthetic deviations shall, however, be constrained to those
which:
a. as mitigated in 35.7.13.9.C.2.b, below, promote and enhance the
purpose of the district, as set forth in §35.7.13.1;
b. as mitigated in 35.7.13.9.C.2.b, below, promote and enhance the
unique attributes of the district, as required in §§35.7.1, 35.7.2,
and 35.7.3 of the Denton Development Code; and
c. deviate from approved site design standards and guidelines for
the district, to the minimum extent necessary to accommodate
the demands of a specific commercial use whose presence is
deemed important to the success of the development as a whole.
2. The following considerations should guide the approval of a minor site
design amendment:
a. The deviation is necessary to accommodate standard floor plans,
site designs, or architectural requirements demanded by a specific
commercial use whose presence is deemed important to the
success of the development as a whole.
b. Such deviations may not promote a design aesthetic that is
fundamentally inconsistent (i.e., may not clash) with the overall
site design aesthetic, or unique attributes of the district. Colors,
textures and materials shall at least be harmonious with those
approved in the design standards for the district, and architectural
styles may not be fundamentally inconsistent with the standards
(e.g., no Greek Revival, Georgian, Roman columns, futuristic, or
mid-century modern designs), except as otherwise allowed by the
limited criteria for national trade dress in Exhibit H.
C. Such aesthetic deviations should be mitigated or offset with
complementary public space enhancements (e.g., hardscape
details, sculpture, open areas, designed to promote and enhance
the theme of the district) to the extent necessary to ensure that
the purposes and unique attributes of the district are equaled or
enhanced overall, despite the minor aesthetic deviation in the
architectural elevation, or other site design attribute.
3. No amendment may change any use restriction or mandatory standard of
this district, except to the limited degree authorized by this 35.7.13.9.C.
subsection.
3
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas approving an
interlocal cooperation agreement granting an easement to the Denton County Transportation
Authority (DCTA) on the Denton Branch Rail Trail for the purpose of building a public
commuter rail line.
BACKGROUND: The Denton County Transportation Authority (DCTA) has requested the use
of Denton Parks and Recreation property for the purpose of providing public passenger rail
transportation services in Denton County.
OPTIONS: Approve, deny, or table the action.
RECOMMENDATION: Staff recommends an update in executive session.
Respectfully submitted,
L% L, J
Anita Burgess, City Attome
S:IOur Documents\Miseellaneous1091050509 AIS DCTA.doc
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AGENDA INFORMATION SHEET
AGENDA DATE: May 5, 2009
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for amplified sound for a party and
musical concert to be held at 1815 W. Oak Street on Saturday, May 16, 2009. The exception is
specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound and
for an increase to 70 decibels.
BACKGROUND
This is a first time request by Chris Wetzel to host the First Annual Rhythm and Beat Jubilee.
The event would include live bands playing music outdoors, for about 30 minutes to an hour, and
the rest of the evening the bands would be playing indoors.
This event would not be considered an outdoor music festival since approximately 60 people are
expected to be in attendance. In order to be considered an outdoor festival, the attendance would
need to be more than 200 persons at any one performance. If the event was classified as an
outdoor festival, the amplified sound could be up to 70 decibels without requesting Council's
approval.
Mr. Wetzel has been informed that he needs to notify his neighbors of the hours the bands will
be playing during this event.
EXHIBITS
1. Request Letter
Respectfully submitted:
x`141
Emerson Vorel, Director
Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
1
April 17, 2009
Dear Members of City Council:
We're looking to host the first annual Rhythm and Beat Jubilee on May 16th 2009. This
event will give local up and coming bands an opportunity to perform at my house located at
1815 W. Oak Street. Scheduled for the festival we will have at least 2 bands playing indoors
and an outside stage for performers from hopefully at least 12:00 pm. Also scheduled for the
festival we will have a horseshoe throwing contest with prize, bar-be-cue, and food eating
contest. Other events are to be determined. A volunteer clean-up crew has been established
and ready to clean up as soon as the festival is over.
am requesting an increase in the decibels to 70 for the live music.
Sincerely,
Chris Wetzel
AGENDA INFORMATION SHEET
i
AGENDA DATE: May 5, 2009
DEPARTMENT: Transportation Operations
ACM: Howard Martin, Utilities, 349-8232
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas, Authorizing and directing
the City Manager to execute an amendment to expand the scope of activities and extend the term
of a right of entry and possession, dated March 3, 2009, in favor of the Denton County
Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of
certain real property of the City of Denton for the purpose of performing pre-construction
activity as described in Attachment "A" hereto; and providing and effective date.
BACKGROUND
Denton County Transportation Authority (DCTA) staff and general counsel have met with City
of Denton representatives to review terms and conditions relating to the proposed rail corridor
right of way (ROW) agreement. The City of Denton (Parks and Recreation) has ownership of
approximately eight miles of the former Missouri Kansas Texas (MKT) rail ROW as part of the
Rail Banking program. The Parks and Recreation Department currently utilizes and maintains
this ROW for the Denton Branch Rail Trail and the Water Department has an easement along the
eastern boundary of the corridor for a 30-inch raw water line. Additional City of Denton utilities
also occupy easements in this corridor.
DCTA is requesting the City of Denton provide a perpetual easement in the corridor to allow for
the construction of the proposed regional rail line between Denton, Highland Village, Lewisville
and Carrollton. DCTA, City of Denton and representatives with Dallas Area Rapid Transit
(DART) are currently negotiating terms and conditions of an agreement that would establish
operating rights of each entity accessing the corridor.
DCTA has targeted December 2010 to initiate rail service between Denton and Carrollton,
necessitating construction activities begin as soon as possible along the corridor. The City of
Denton staff is recommending consideration of an amendment to the initial 90-day Right of
Entry and Possession (ROE) granted by Ordinance 2009-059 on March 3, 2009. This
amendment calls for an expansion of the original ROE scope to include limited clearing and
grading on the hike and bike trail and roadbed. Limited fill and removal of dirt is contemplated
as part of the proposed expansion of scope. The proposed amendment would also extend the
term of the agreement by 180 days. The existing Right of Entry and Possession Agreement
terminates June 1, 2009
PRIOR ACTION/REVIEW
Ordinance 2009-059 was adopted on March 3, 2009 providing DCTA a 90-day Right of Entry
and Possession. Staff briefed the City Council on the proposed perpetual easement for the
corridor during Closed Session Meetings on February 17, 2009, March 3, 2009, April 7, 2009
and April 21, 2009.
OPTIONS
1. Do not extend and/or expand of existing Right of Entry Agreement.
2. Approve extended and expanded Right of Entry agreement as presented by staff.
3. Provide staff with additional direction and reconsider on May 12, 2009.
FINANCIAL
The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in
consideration for the right of entry and possession.
EXHIBITS
1. Draft Ordinance
2. Exhibit A
3. Ordinance 2009-059
4. Letter dated April 28, 2009 - List of Construction Activities
Respectfully Submitted:
Mark Nelson
Transportation Director
s:lour documentslordinances1091dcta roe rail line amended 050109.doc
ORDINANCE' NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXPAND THE SCOPE OF
ACTIVITIES AND EXTEND THE TERM OF A RIGHT OF ENTRY AND POSSESSION
DATED MARCH 3, 2009, IN FAVOR OF THE DENTON COUNTY TRANSPORTATION
AUTHORITY (DCTA) AND AUTHORIZING DCTA TO ENTER UPON AND TAKE
POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF DENTON FOR THE
PURPOSE OF PERFORMING CERTAIN PRE-CONSTRUCTION ACTIVITY AS
DESCRIBED IN ATTACHMENT "A" HERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a Home-Rule City and a Municipal
Corporation (hereafter "Grantor"), and claims an interest in and to the following described tract
of land:
BEING all that certain lot, tract, or parcel of land described in that certain Quitclaim
Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated
August 9, 1993, and filed on August 24, 1993, as Clerk No. 93-R0058485 in the Real
Property Records of Denton County, Texas; and also being that same property described
in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the
Real Property Records of Denton County, Texas as Volume 4857, Page 02021 (hereafter
the "Property").
WHEREAS, the Denton County Transportation Authority (hereafter "DCTA") expects to
acquire an easement in the Property from the City of Denton,. Texas for the purpose of
constructing, operating and maintaining DCTA's passenger rail line (the "Project") for
approximately eight miles, extending Southward through the City of Denton, and much of which
casement tract lies within the City of Denton, Texas; and
WHEREAS, the City of Denton, Texas expects to grant unto DCTA a perpetual easement
upon reaching acceptable terms of agreement, in order that DCTA can immediately commence
preparatory construction activities on the above-referenced Project; and
WHEREAS, DCTA needs immediate possession of the Property in order to prepare the
Property for DCTA construction activities, pending final negotiation of the terms of the easement
with the City of Denton and the Dallas Area Rapid Transit; and
WHEREAS, both the City of Denton and DCTA recognize the urgency of commencing
construction on the Project as soon as is reasonably possible; and
WHEREAS, on March 3, 2009 the City Council adopted ordinance Number 2009-059
authorizing the execution of a Right of Entry and Possession to DCTA; and
Exhibit 1
WHEREAS, The City Council deems it to be in the best interest of the City to execute an
amendment to expand the scope of activities and extend the term of the said Right of Entry and
Possession in favor of DCTA; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized and directed to
execute a Right of Entry and Possession for the above described property in favor of DCTA. A
copy of the said Right of Entry and Possession is attached hereto as Attachment A and
incorporated herein for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL NORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
Attachment A
RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
WHEREAS; the City of Denton, Texas is a Home-Rule City and 'a II/.[unicipal
Corporation (hereafter. "City' and claims an interest in and to the following described tract of
land:
BEING all that certain lot, tract, or parcel of land described in that certain Quitclaim
Deed from Missouri Pacific Railroad Company to the City of Denton; Texas - dated .
August 9, 1993, and filed on August 24, 1993, as Clerk No. 93-80058485 in the Real
Property Records of Denton County, Texas; and also being that same property described
in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the
Real Property Records of Denton County, Texas as Volume 4857, Page 02021 (hereafter
the "Property').
WHEREAS, the Denton. County Transportation Authority, a coordinated county
transportation authority created under Chapter 460 of the Texas Transportation Code (hereafter`
"DCTA") expects to acquire an easement in the Property from City for the
constructing, operating and maintaining DCTA's purpose of
passenger. rail 1uae (the "Project") for
approximately eight miles, extending Southward through the City of Denton, and much of which
easement tract lies within the City of Denton, Texas; and
WHEREAS,. City expects to grant to DCTA a perpetual easement upon reaching
acceptable terms of agreement with DCTA; and
WHEREAS, DCTA needs immediate possession of the Property in order to prepare the
Property for DCTA construction activities, pending final negotiation of the terms of the easement
with the City of Denton; and
WHEREAS, both City and DCTA recognize the urgency of commencing construction
on the Project as soon as is reasonably possible;
NOW THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10:00)
and other good and valuable consideration to it in hand paid by DCTA, the receipt and
sufficiency of which is hereby acknowledged and confessed, City grants to DCTA the right to
enter upon the Property, the right to remove improvements, if any, with which the Property is
encumbered, and the right to possession of the Property for Project purposes.
This grant of right of entry and possession is conditioned upon the following:
Page 1 of 3
Exhibit 2 < . , .
1. DCTA may perform pre-construction surveying upon the Property, such as activities of
survey crews and pick-up trucks; and
2. DCTA may install erosion control, such as erection of silt fences and the installation of
construction entrances; and
3. DCTA may conduct limited clearing and
grubbing on the Property, such as cutting and
mulching vegetation; and removing stumps, roots, and debris. Any clearing and grubbing
activity scheduled on the Property shall be subject to the following:
a. A plan for the work shall be provided identifying locations, means and
methods, a listing of contractors with contact information along with a schedule
of who, when, and where the work will be done.
b. Communication with City of Denton personnel than will be inspecting. or
monitoring this work Grantee or Grantees agents ;shall.. initiate notification
through Alberto Lopez with Denton Water Utilities at (940) 391-8622.
c. DCTA will provide a point of contact with the DCTA for communication,
coordination and claims resolution.
d. Clearing and grubbing of trees within the 20 feet of the eastern boundary of the
Property shall be. limited to chain saws and stump grinders to avoid disturbance to
adjacent. underground utilities:
4. DCTA may conduct pot holing of utilities through coordination with the Denton Water
Utilities subject to the following:
a. A plan for the work shall be provided to City identifying locations, means and
methods, a listing of contractors with contact information along with a schedule
of who, when, and where the work will be done.
b. Communication with City of Denton personnel that will be inspecting or
monitoring this work. Grantee or Grantee's agents shall initiate notification
through Alberto Lopez with Denton Water Utilities at (940) 391-8622:
c. DCTA will provide a point of contact with the DCTA for communication,
coordination and claims resolution.
5• This Right of Entry and Possession shall extend to DCTA, its employees and its
contractors.
This Right of Entry and Possession shall be valid and effective for a period of ninety (90)
days following the date of this document's approval by City, as evidenced by the signature of its
City Manager; thereafter it shall terminate and be of no further force and effect.
Page 2 of 3
d 4
r
EFFECTIVE on the day of 2009:
z
CITY
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
G GE C. CAIVIPEELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED TO. LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 3 of 3
ORDINANCE NO. 0?607 W0 5-~
AN ORDINANCE OF THE CITY OF'DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY AND POSSESSION IN
FAVOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA)
AUTHORIZING DCTA TO ENTER UPON AND TAKE POSSESSION OF CERTAIN REAL
PROPERTY OF THE CITY OF DENTON FOR THE PURPOSE OF PERFORMING PRE
CONSTRUCTION SURVEYING, INSTALLING EROSION CONTROL, CONDUCTING
CLEARING AND GRUBBING AND PERFORMING UTILITY POT HOLING; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a Horne-Rule City and a Municipal
Corporation (hereafter "Grantor"), and claims an interest in and to the following -described tract
of.lan.d:
BEING all that certain lot,. tract, or parcel of land described in that certain Quitclaim
Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated
August 9, 1993, and filed on August 24, 1993, as Clerk No. 93-RO058485 in the Real
Property Records of Denton County, Texas; and also being that same property described
in that certain Correction Quitclaim Deed, dated June 1, 2001 and fled for record in the
Real Property Records of Denton County, Texas as Volume 4857, Page 02021(hereafter
the "Property").
WHEREAS, the Denton County Transportation Authority (hereafter "DCTX) expects to
acquire an easement in the Property from the City of Denton, Texas for the purpose of
constructing, operating and maintaining DCTA's passenger rail line (the "Project") for
approximately eight miles, extending Southward through the City-of Denton, and'much of which
easement tract ties within the City of Denton, Texas; and
WHEREAS, the City of Denton, Texas expects to grant unto DCTA a perpetual easement
upon reaching acceptable terms of agreement, in order that that DCTA can immediately
commence preparatory construction activities on the above-referenced Project in March 2009;
and
WHEREAS, DCTA needs immediate' possession of the Property in order.. to prepare the
Property for DCTA construction activities, pending final negotiation of the terms of the easement
with the City of Denton; and
WHEREAS, both the City of Denton and DCTA recognize the urgency of commencing
construction on the Project as soon as is reasonably possible; and
WHEREAS, The City Council deems it to be in the best interest of the City to grant a
Right of Entry and Possession in favor of DCTA; NOW, THEREFORE;
Exhibit 3
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized and directed to
execute a Right of Entry and Possession for the above described property in favor of DCTA. A
copy of the said Right of Entry and possession is attached' hereto as Attachment A and
incorporated herein for all purposes.
SECTION II. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009-.
s
~ r
i~
MARK .18 , OU S; MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS; CITY ATTORNEY
BY:
Page 2 of 2.
MOON"
401 E. Corporate Dr Suite 138 Lewisvi11e,_.TX_75057 P} 469-483-4730 - F) 469-483-4732
April 28, 2009
Mr. Scott Neeley
Denton County Transportation Authority
1660 S. Stemmons Frwy, Suite 250
Lewisville, Texas 75057
Re., DCTA Account Code 6160230
Dear Mr. Neeley,
Below is a list of Construction Activities that NTRG anticipates performing during the Right of Entry
period. This work would start at the north end of the project and advance south, and simultaneously
start on the south end and move north.
1. Perform pre construction surveying- starting in mid May
a. Activity performed with pickups and survey crews
2. Install erosion control - starting in mid May
a. Erect silt fences and install construction entrances
3. Begin utility relocates - starting June 1
a. Excavation to move utilities or install encasements
4. Clear and grub right of way - start in mid May
a. Cut and mulch vegetation
b. Remove stumps, roots, and debris
5. Remove railroad track Jones Street to Swisher Road - start in mid June
a. Remove all track components
b. Smooth track bed for access road
6. Begin bridge construction - start in mid June
a. Remove old bridges/culverts
b. Excavate
c. Install drill shafts
d. Erect structures and abutments
7. Begin drainage installation -start in mid June
a. Remove old bridges/culverts
b. Excavate
c. install new culverts
8. Begin bike trail grading- begin July 1
a. Rough grading of bike path
b. Add fill or remove dirt as necessary
A Herzog Contracting- Archer Western Joint venture qy PZIOG
W* 9
Exhibit 4
QO) E. Corporate Dr Suite 138 Cewis_vi11e_, TX 75057 P) 469-483-4730 F) 469-483-4732
9. Begin roadbed grading - begin July 1
a. Rough grading of bike path
b. Add fill or remove dirt as necessary
10. Begin civil work at road crossings - begin June 1
a. Establish lane closures and traffic changes
b. Perform utility relocates or encasements
c. Begin demolitions for lane changes
d. Make grading changes and drainage changes
11. Begin track construction --July 1
a. Unload and stockpile track material
b. Build pass track at Hebron
c. Build main track at Robertson Road southward
J E Rahmes
Project Manager
North Texas Rail Group
Email: jrahmes@herzogcompanies.com
A Herzog Contracting- Archer Western Joint Venture
HMZN
.Handout to Council 05/05/09 s:lout d~cum~ntsl~rd~r~ancesl4~ldcta roe rail line amended 0~~]O~,doc
ORDINANCE No.
AN ORDINANCE ~F THE CITY F DENTIN, TEXAS, A.UTH~RI~ING AND DRECT~NG
TITE CITY l1~ANAGER T~ EXECI~TE AN ANIENDIVIENT T~ EXPAND THE SCOPE ~F
ACTITrES AND EXTEND THE TERM ~F A RIGHT ~F ENTRY AND P~SSESI~N .
DATED LARCH 3, ~~~9, IlV FA'~R OF TIE DENTIN COUNTY TRAI~SP~RTAT7~N
AUTI~~RITY DCTA} AND AUTHOR.I~ING DCTA T~ ENTER UPON A.ND TAKE
P~SSESS7~N ~F CERTAIN REAE PROPERTY DF TIDE CITY ~F DENTON FAR TIIE
PURPOSE ~F PERFORIVI~G CERTAIN PR.E-C~~STRIJCTI~N ACTITY ~
DESCRIBED IN .ATTACHIVIENT "A" HERETO; ~ P~~VIDIl~G .AN EFFETE DATE.
wIYEREAS, the City of Denton, Texas is a Hone-Rule City and a Nli~nicipal
Corporation thereafter "Grantor"}, and claims an interest ~n and to the following described tact
of land:
BE]NG all that certain lot, tract, or parcel of land described in that certain uitcla~rn
Deed from. iVllssourl Pacific Railroad Company tv the City of Denton, Texas dated.
August 9, 1993, and filed on August 24, I93, as Clergy No. 9-RO~5S485 in the Real
Property Records of Denton County, Texas; and also being that sane property described
In that certa. Correction uitcla1 Deed, dated June 1, 2~OI and filed for record in the
Real Property Records of Denton County, Texas as volume 457, Page ~2~~ 1 {hereafter
the "Property"~
wI-IEREAS, the Denton County Transportation Authorrty thereafter "DCTA"~ expects to
acquire an easement in the Property fro~n~ the City of Denton; Texas for the purpose of
constructing, operating and maintaining DCTA's passenger rail line the "Project"~ for
approximately eight miles, extending Southward through the City of Denton, and much of which easement tract lies within the City of Denton, Texas; and
w~-IEREA., .e City of Denton, Texas expects to grant unto DCTA a perpetual easement
upon reaching acceptable terms of agreement, in order that DCTA can immediately commence
preparatory construction activities on the above-referenced Project; and ~ .
w~ER.EA.S, DCTA needs immediate possession of the Property in order to prepare the .
Property for DCTA construction activities, pending final negotiation. of the terms of the ease~ner~t .
w1 the City of Denton and the Dallas Area Rapid Transit; and
wHER~AS, bath the City of Denton and DCTA recognize the urgency of con~nencin
construction on the Project as soon as is reasonably possible; and .
wI~EREAS, on March , ~~~9 the City Council adopted ordinance Number ~~09-~~9
authorizing the execution of a Right of Entry and Possession to DCTA; and
Exhibit 1
WHEREAS, Thy its our~cii deerns it to be in the hest interest of the pity to exec~.te
a~nndmer~t to expand the scope of actinties and extend the term of the said R1ght of Entr~r and
Possession fa~ar af~]TA; N} THERF~~;
T ~~CJN~I, THE QTY ~F DE~TN HE~E~Y ~~DA~S.
. ET~~N The ~it~r Manager, or hip designee, is hereby authorized and directed to
execute Right of Entry and Possession for the ~bave described rapert ~ favor of DATA, A
caper of the said fight of Entry and Posessia~ attached hereto as attachment A and
incarpor~ted herein for a~~ purposes. -
SECT~~N~ 2, This ar~iriance sha~~ became effective i~nmed~ately upon its passage and
pprv~al.
PASSED AND APP~~~D this the day of ~aa~.
ARC A. EUR~~~TH~ IV~A~OR .
ATTEST:
,TENN~.ER A~.rTERS, CITY SECRET~.Y
. ~ ~ ~ -
A~PR.~VED AS T~ LEAS FDR:
ANNA BURS, SIT ATT~~EY
. ~ -
Page 2 of ~
s:laur d~cutr~exts~Ordi~ances1091~cta attach a ~~0~~9 na track changes~~oc
ATTA~NT
RIGHT ENTRY AND PO~~~N
STATE ~F TEA }
} N~ ALL NON B~ T~ PRESENTS:
~~NTY ~F DENTIN ~
~A, the City of Denton, Texas is a acne-Rule ~i ~ ~ ll~un~e~pal
Corporation ~herea~er "City"}, and claims an a~terest in. and to the following described fact of
land:.
. .....BEING all that certain lot, tract, or parcel of land described that certain uitclai~n
Deed firon~ Nlissauri Pac~~ic road Company to the City of Denton, Texas dated
..August 9, ~ 993, and filed on August ~ 993, as Clem ~Vo. -R~o S4S5 the Real
Property Records ~ Dentton County, Texas; and also bung ghat same property described
that certain Correction uitclairn Deed dated dune 1, ~~a 1 and fled for record the
Read Property Retards of De~.tan County, Texas as volu~n,e 4~~57, Page a~02 ~ ~herea~er .
the "Prapert'~. ~
wn~REA, the Denton County Transportation Authority, a caardinated county
transportation authority created under chapter 4~~ of the Texas Transportation bode thereafter
`~CTA"~ expects to acquire an ease.ent in the Property from Cif far the purpose of
constructs, operating and maintaining D~TA's passenger rail line the `~ra~ect"~ for
approximately eight mikes, extending outhw~rd tl~raugh the City of Denton, and much of v~hich
easement tract ~.es within the its of D~nta~., Texas; and
. AREA., City expects to ,grant ~a ~DTA a perpetual easement upon reaching
acceptable terms of agreement with DCTA; and...
wREA., DCTA needs im~nerliate passess~an of the Property in artier to prepare the
Property for DCTA. construction activities, pending final negatia~on vfthe teens ofthe easement
wry the Cif ofDenton; and
~RE,AS, both pity and DCTA recognise the urgency of commencing construction
vn the Prod ect as soon as is reasonably passive;
New T~EREF~R~, far and in cansidera~.an of the sum of TES DOLLARS ~ 1 a,a~}
and other goad and valuable consideration to it in hand paid by DTA~ the receipt and
sufficiency of which is hereby acknaw~edged and confessed, City grants to DTA the right to
enter upon the Property, the right to remove improvements, if any, with which the Property 1s
encumbered} and the right to possession of the;Praperty for Pray ect purposes. .
This grant ofright of entry anal possessive is conditioned upon the following:
Page 1 af4
V A 1 1 1 Iti,/ I L ~
4~
n
1. DATA nay perform. pre-construction surveying upon a Properly, such as activities of
survey crews and pick-up trucks; and
2, DATA may instali erosion control, such as erection of sift fences and the installation of
construction entrances; and
3, DATA may conduct limited clearing and grubbing on the Praper~y, such as cutting and
mulching vegetation, and re~nav~ng stumps, mats, and debris. Any clearing and grubbing
activity scheduled an .e Properly sha~~ be subs ect to the following:
a. A plan far the mark shall be provided identifying locations, means and
~aethads, a listing of contractors with contact information along with a schedule
. ofwha, when, and where the work will be done.
~ammunication with pity of Denton personnel that will be inspecting ox
n~or~itoring this work grantee or grantee's agents shad vitiate noticativn
through Alberto ~ope~ with Denton dater ~Jtllities at ~4a~ X91-5~~~.
c. ~ DATA will provide a paint of contact the DATA for com~nunicativn,
caordin.atYOn and cram resolution.
d. Clearing and grubbing of trees within the feet of the eastern boundary of the
Property shah be limited to chaff, sates and sturnp grinders to avoid disturbance to ~ .
add scent underground u~lities.
. DCTA may conduct pat haling of u~.lities through coordination with the Denton water
Utilities subs ect ~ to the following:
a. , plan far the .wank sb.a.ll be_provided tQ City identifying locations, n~ean~ and
methods, a listing of contractors with contact information along with a schedule
. ~ of who, when, and where .e work will be dare.
b. Communication with City Hof Denton personnel that will be inspecting or
monitoring this work. Cxrantee ar grantee's agents s~ initiate notr~,ca~on through Alberta Lopes with Denton water ~'til%~es at ~94a~ X91-5~~2.
c. DCTA will provide a past of contact with the DCTA for camn~unication,
coordination and claims resolution.
DCTA. may conduct li,i.ted grading ~`or the hike and bike trail. Any graditi, ~.ll or
cutting ar cutting activity scheduled on the Property shad be subject to the follaing:
a. A plan. far the work shall be provided to Cif identifyin locations, means and
g methods, ~ a listing of contractors wig contact information slung with a schedule
of who? when, and where the work will be dare.
Page of 4
b. Communication with City of Denton personnel that will be inspecting or
rnanitorin this work. Grantee or grantee's agents shall initiate notification
through Robert Tickner with the Denton Pans and Recreation Department ~94D~ .
3~-9354 and with Denton dater Utilities at ~94~} ~~-862.
c. DCTA well provide a point of contact wrth the DCTA fvr commun~cat~on,
coordination and claims resolution.
DCTA nay conduct lr~nlted gadrng for the roadbed. Any grading, fill or cutting activity
scheduled on the property shall be subj ect to the fol~awing:
a. A plan far the work shall he provided to City identifying locations, ~.eans and
methods, a listing of contractors with contact information along with a schedule
ofwho, when, and whcrc the work will be done.
b. Communication with City of Denton personnel that will be inspecting or
monitoring this work. grantee or ~xrantee's agents shall initiate notification
through Robert Tickner with the Denton Parrs and Recreation Depar~.uent ~94~}
39D-9354 and with Denton water Utilities at ~~4a} 3918622.
c. DCTA will provide a point of contact with the DCTA for communication,
coordinat1on and claims resolution.
7. DCTA. ~y unload and stockpile track n~ateria~. within the corridor.
a. DCTA shall coordinate the location of such u,vading and stockpiling with
the City of Denton and shall obtain perrnissian from authorised City of
Denton Personnel prior to such unloading and stockpiling. The City ofDenton
retains the rig~.t to designate t~.e location and ~.anner of such unloading and
stockpiling of such material on City property.
8. This Right of Entry and Possession shall extend to DCTA, its eplo ees and its
Y contractors.
This Right of Entry and Possession shall be valid and effective for a period of one-
hundred a~.d eighty X180} days fallowing the expiration of the Right of Entry and Possession
authorised by Ordinance ~o Zaa9y~59, as evidenced by the signature of its City 1Vlanaer}
therea~er it shall tcr~minate and be of no further farce and effect.
page of 4 ~ .
~F~E'~I~ oar the d.~. of , 20a~,
T IT~Y ~F DLT~~, TEA
A Tai ~cipa~ ar~ara~a~
By;
GE~~L G. A~~~I~
ITS ANEk
ATTT: .
. .~NNIk`~1 TAR, ~~T'Y EETA.~
~y,
. ~~~~D A T~ LExAL
. ANITA BUS, ~T~' ATT~~NEY
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gage 4 a~ 4
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