2015-325\ \CODAD \Departments \Legal \Our Documents \Ordinances \15\2014 amend DAHC.doc
ORDINANCE NO. 2015 -325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING THE FIRST AMENDMENT TO THE 2014 -15 AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND
TO EXPEND FUNDS WITH RESPECT TO THE FIRST AMENDMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on September 16, 2014, the City Council entered into an Agreement with
the Denton Affordable Housing Corporation to provide certain services for the provision of
affordable housing under the National Affordable Housing Act of 1990, as amended by the
Housing and Community Development Act of 1992, which Agreement was authorized by
Ordinance No. 2014 -290; and
WHEREAS, the City Council deems it in the public interest to amend the Agreement
with the Denton Affordable Housing Corporation to provide support for the rehabilitation of the
rental units at 2118 Bolivar Street with funds made available by the U.S. Department of Housing
and Urban Development under the National Affordable Housing Act and to provide other
changes as set forth in the First Amendment to the Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Council herby approves the First Amendment to the 2014 -15
Agreement between the City of Denton and the Denton Affordable Housing Corporation,
executed on September 16, 2014, substantially in the form of the attached Exhibit "A" which is
incorporated herein for all purposes, and further authorized the City Manager to execute said
First Agreement.
SECTION II. The City Council authorized the expenditure of funds for operating costs
and project funding for the Denton Affordable Housing Corporation, included in the First
Amendment as an attached Exhibit "A ", which includes a reduction in funding in an amount of
$26,086.
SECTION 111. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ... , 2015.
CIF-11 A I'1 S, NIA 1r OR
Page 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: m
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
....
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Page 2
Exhibit A
FIRST AMENDMENT TO 2014 -2015 AGREEMENT BETWEEN
THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION
This is the First Amendment to that certain Agreement between the City of Denton (hereinafter
referred to as "Denton ") and the Denton Affordable Housing Corporation (hereinafter referred to
as "Contractor "), this Agreement hereinafter referred to as "Base Agreement." .
WHEREAS, by Ordinance No. 2014 -290, the City of Denton authorized its City Manager
to execute an Agreement with the Contractor to provide acquisition, renovation, and operating
expenses to promote affordable housing in the City of Denton in return for Denton providing an
amount not to exceed $212,672.80 for operating costs and affordable housing projects described
in Attachment A of the Base Agreement; and
WHEREAS, the CITY now wishes to revise the "Program Budget" in accordance with
the Federal regulations at 24 CFR Part 92; and
WHEREAS, the attached "Program Budget" sets forth a revised budget for the use of all
remaining 2012, 2013 and 2014 funds, and includes a reduction in total funding to the
Contractor;
WHEREAS, after the Contractor's budget revision, the remaining HOME funds will be
allocated to the City of Denton's Home Improvement Program;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described:
1.
Attachment "B" Program Budget is revised as follows:
Bolivar Rental Rehabilitation project $83,000
Affordable Housing Opportunity Program $56,000
CHDO Operating Expenses $34,914
TOTAL 2013 -14 BUDGET $173,914
The remaining $26,086 previously awarded to the Contractor will be reallocated to the
City of Denton's Home Improvement Program budget.
2.
That save, and except as amended hereby, the remaining sections, subsections, sentences
and clauses of the Base Agreement dated September 2014 shall remain in full force and effect.
IN WITNESS of which this First Amendment has been executed on this the
day of .._...
u......_, 2015, by the duly authorized officials of the City and the
Contractor,
CITY OF DENTON
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GEO I.(, 1. °° �
C'.—(—".AM11B1-�1,L
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
per°
BY:
DENTON AFFORDABLE HOUSING
CORPORATION
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y
BOARD PRESIDENT
ATTEST:
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BYE. r,
SHEILA HARPER
EXECUTIVE DIRECTOR