2013-013s:llegallour documents\ordinances\131nep legal ordinance-version 2.docx
ORDINANCE NO. 2013-013
AN ORDINANCE AMENDING ARTICLE VI "NEIGHBORHOOD
EMPOWERMENT PROGRAM" OF CHAPTER 14 "HEALTH AND HUMAN
SERVICES" OF THE CITY' S CODE OF ORDINANCES REGARDING THE
NEIGHBORHOOD EMPOWERMENT PROGRAM'S PURPOSE,
ESTABLISHMENT OF A NEIGHBORHOOD EMPOWERMENT ADVISORY
BOARD, CRITERIA AND GUIDELINES FOR THE APPROVAL OF
MATCHING CONTRIBUTIONS UNDER APPLICATIONS BY ELIGIBLE
PERSONS UNDER THE PROGR.AM; SETTING FORTH ADDITIONAL
DETAILS 1N RELATION TO THE PROGRAM; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the health, economic condition, public welfare and safety of a city is
affected by the quality and viability of its neighborhoods; and
WHEREAS, neighborhood projects and programs which promote long term, public
benefit to neighborhoods and to citizens of Denton as a whole by improving the appearance of
the neighborhoods, enhancing resident's quality of life, establish community pride in the
neighborhoods by involving neighborhood residents more directly in all phases of the
neighborhood development; promote maintenance and enhancement of the neighborhood,
improve public safety by establishing traffic control devices, monuments and other
improvements; increase the neighborhood's and adjacent neighborhood's property value by
improving the appearance of the neighborhood; improve public health by preserving and
enhancing the environment promote the public health, welfare and safety and constitute a valid
public purpose; and
WHEREAS, the City Manager has recommended and the City Council has determined
that a Neighborhood Empowerment Program whereby the City provides certain qualified
neighborhood organizations and groups matching funds or contributions of in-lcind services to
accomplish one or more of the above-mentioned purposes is deemed to be in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Subsections 14-131 — 14-135 of Article VI, "Neighborhood
Empowerment Program" as they appear in Chapter 14, "Health and Human Services" of the
Code of Ordinances of the City of Denton is hereby amended by deleting these subsections in
their entirety and replacing them with new Subsections 14-114 — 14-123 inclusive which sha11
read as follows:
Article VI. Neighborhood Empowerment Program.
Section 14-119. Establishment and Purpose
There is hereby established a Neighborhood Empowerment Program (NEP) to provide
matching City funds or in-kind services to help improve the quality of life in the City's
neighborhoods. The goal of the NEP is to encourage and select prepared projects which
meet the program guidelines set forth herein that foster self-help, self-management,
neighborhood pride, and enhance and beautify the City's neighborhoods. The NEP will
provide matching funds or in-lcind services which are to be awarded on the bases of
merit. A maximum of $10,000 will be available per project. The total available funding
will be established in each budget year based on the amount budgeted for the NEP as
approved by the City Council in the annual budget.
Section 14-120. Neighborhood Empowerment Program Advisory Board
a. There is hereby created a Neighborhood Empowerment Advisory Board which
shall be composed of seven members. The City Manager shall designate one
member of the Board from the Parks & Recreation, Engineering, Planning, Police,
Economic Development, Code Enforcement, and Community Development
Departments.
b. The Board will evaluate each application to participate in the NEP based on the
following criteria:
Proj ect Description and
project, which includes
budget.
Statement of Qualifications — Precise description of
needs, beneiits to the neighborhood, and sound
2. Implementation, Taslcs, and Schedule — Clear demonstration of how the
project will be accomplished.
Volunteers, Participation, and Donations — Demonstrated participations of
residents in the proj ect and documented matching forms of letters, in-kind
services, or donation of materials, or other secured funding sources.
c. The Board will act as an advisor to the City Council in administering the NEP. It
will make recommendations to the City Council with regard to changes in the
NEP guidelines, the success of the NEP, and the funding level of NEP which
responsibilities shall include, without limitation:
1. Making recommendations to the City Council with respect to annual budget
appropriations for the NEP.
2. Making periodic reports to the City Council with regard to the status and
effectiveness of the NEP.
4. Administering the NEP to ensure that the successful applicants comply with
the terms and conditions of the NEP.
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4. Promulgate rules and establishing procedures to aid the Board in performing
its functions.
Section 14-121. Eligible Program and Projects
Individuals from five or more separate households and living within the city limits may
submit an application to the City of Denton Neighborhood Planning Program (CDNPP).
The CDNPP shall establish, with the approval of the Board, additional guidelines to make
sure that applications are approved on the basis of inerit and are consistent with NEP
guidelines. Any project which promotes the public health, safety or welfare of the City
by accomplishing one or more of the public purposes set forth in Section 14-119 above
and the preambles to the ordinance which enacts the NEP by enhancing the appearance
and improving the quality of life in Denton's neighborhoods is eligible. Such projects
must include the following:
a. All projects are required to have a citizen project coordinator to be a liaison
between the City and the neighborhood during project development
implementation.
b. Matching fund awards will be made only to groups of five or more separate
households who can be identified with a particular Denton neighborhood.
Awards will not be made to individuals, single businesses, universities, hospitals,
institutions, foundations, political, fraternal, or religious organizations.
Government and public agencies, social services district councils, citywide
groups, and city developments are also not eligible for the program. Eligible
applicants may form partnerships with any of these ineligible groups to plan and
implement the project. But the eligible applicant must retain the primary role in
the partnership and remain responsible for performing the project.
c. Project criteria (applicability is based on project and program types):
1. Provide long-term, public benefits to the neighborhood.
2. Be located on public access (right-of-way, neighborhood, common area, or
other public access property).
3. Have demonstrated neighborhood support.
4. Be compatible with adjacent properties.
5. Involve neighborhood residents directly in all phases.
6. Ha�e goals which can normally be accomplished within twelve months or
less.
7. Must demonstrate appropriate long-term maintenance programs.
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8. Be within the City's legal authority as determined by the City's legal
department and comply with existing City of Denton's codes, regulations and
policies.
d. All projects shall fall within one of the following categories:
Physical improvements to neighborhood entryways, perimeter areas, street
borders and medians, parks, playgrounds, tot lots, and other neighborhood
amenity areas. Such improvements may include landscaping, tree plantings,
signage, equipment, decorative structures, and similar beautification or
enhancement projects. Physical improvement projects must be performed in a
public right-of-way or on public property. Projects on property owned by a
neighborhood or homeowners association will be considered on a case by case
basis, if it is shown to provide a communal benefit to the neighborhood.
2. Public safety pro�rams or initiatives, such as safety training, crime or fire
prevention programs, traffic deterrent or calming projects or studies.
3. Cultural educational, and recreation pro r� ams including literacy programs,
leadership training, computer labs, after-school enrichment programs, cultural
arts programs, and suminer camps.
4. Nei�hborhood master plan or comparable studies that focus on enhancing the
neighborhood. These must not contain plans currently being developed by the
City.
In order to obtain matching City funds or services from the Neighborhood
Empowerment Program, the neighborhood must identify matched items of equal
value of the amount requested. Matched items that can be donated, include
professional services, donated material or supplies, volunteer labor or cash. The
value of the neighborhood match must equal or exceed the amount requested from
the neighborhood requested matching NEP funds. The type of the match must be
appropriate to the needs of the project. The proposed match must be extended
during the life of the proj ect or after completion.
Section 14-122. Application for Neighborhood Empowerment Program Matching Funds.
a. The applicant must attend one of the four Neighborhood Empowerment Program
Matching Grant Workshops.
b. Applications for Neighborhood Empowerment Program matching funds under
this chapter must be filed with the City's Neighborhood Planning Program upon
forms described by the Board and the department for that purpose.
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c. The application shall include all information indicated by this Article VI along
with any additional information that the Board deems necessary in order to
perform its functions as set forth in Section 14-120.
d. All applications shall be verified by the applicant as to the truth and correctness of
all facts and information presented.
e. All successful applicants shall be required to execute a contract on a form
approved by the City Attorney and to execute such other forms as the
Neighborhood Planning Program and the Board deem necessary to insure the
approved projects completion.
Section 14-123. Review, Approval and Denial by the Board.
a. If the CDNPP determines the application is consistent with the requirements of
this Article VI, the CDNPP shall forward the application to the Board for its
evaluation. The Board shall review the application based on a matching fund
project evaluation form developed by the CDNPP and approved by the Board
which takes into consideration all the criteria for evaluation set forth in this
Article.
b. The Board will make a recommendation to fund qualified projects to the City
Manager for final approval.
c. If an application is approved or denied by the Board, the successful applicant will
be notified within 30 days after the application submission is forwarded to the
Board by the CDNPP. Authorization to begin the project will be given after the
applicant executes the contract.
d. If a grant proposal is denied by the Board, the applicant has 30 days to appeal the
Board's decision, as applicable, to either the City's Human Services Advisory
Committee or the Community Development Advisory Committee for funding
approval or denial.
e. Standard of Review on Appeal. In the event a grant proposal is denied by the
Board, other than for a lacic of funding in which no appeal is authorized, the
applicant has 30 days to appeal the Board's decision, as applicable, to either the
City's Human Services Advisory Committee or the Community Development
Advisory Committee.
1. The Human Services Advisory Committee will review appeals associated
with:
i. Public safetv pro�rams or initiatives, such as safety training, crime or fire
prevention programs, traffic deterrent or calming projects or studies.
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ii. Cultural educational, and recreation pro rg ams including literacy
programs, leadership training, computer labs, after-school enrichment
programs, cultural arts programs, and summer camps.
iii. Nei�hborhood master plan or comparable studies that focus on enhancing
the neighborhood. These must not contain plans currently being developed
by the City.
2. The Community Development Advisory Committee will review appeals
associated with:
i. Phvsical improvements to neighborhood entryways, perimeter areas, street
borders and medians, parlcs, playgrounds, tot lots, and other neighborhood
amenity areas. Such improvements may include landscaping, tree
plantings, signage, equipment, decorative structures, and similar
beautification or enhancement projects. Physical improvement projects
must be performed in a public right-of-way or on public property.
Projects on property owned by a neighborhood or homeowners association
will be considered on a case by case basis, if it is shown to provide a
communal benefit to the neighborhood.
3. At a public hearing relative to an appeal, each appeals Committee shall render
their decision based on if the grant proposal has met the following criteria:
i. Provide long term, public benefit to the neighborhood
ii. Be located on publicly accessed property (right-of-way, neighborhood
common area, etc.)
iii. Have demonstrated neighborhood support
iv. Be compatible with adjacent properties
v. Involve neighborhood residents directly in all phases
vi. Have goals which can be accomplished normally in 12 months or less
vii. Must demonstrate appropriate long-term maintenance
vii. Be within the City's legal authority and comply with existing City of
Denton policies & codes
4. The decisions of the appeals Committee will be final however, in no event
will the denial of a grant application preclude the applicant from reapplying to
subsequent Neighborhood Empowerment Program grants.
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SECTION 2. Save and except as amended hereby, all the remaining sections, sentences,
clauses, and phrases of Chapter 14 of the City of Denton Code of Ordinances shall remain in full
force and effect.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would
have enacted such remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 1j �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
7
day of , 2013.
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MARK BURRO G , OR