HomeMy WebLinkAboutResolution - 4408 - Grant Application - HUD - HOME Investment Parnership Program 1994, CHAS - 02/24/1994Resolution No. 4408
February 24, 1994
Item 36
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an application for the HOME Investment
Partnership Program for the year 1994 and related documents. Said Application is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this
ATTEST:
A—I I (:�Iw,
ettyohnson, Vity Secretary
24th day of February 1994.
APPROVED AS TO CONTENT:
Doug Goo , Interim Director
Housing &C6mmunity Development
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
LLC: dp\G:\ccdocs\Home.Res
February 15, 1994
City of Lubbock
HOME Investment Partnership Program
FY 1994 Program Description
Program Overview
The HOME Investment Partnership Program was created with the passage of the National
Affordable Housing Act in 1990. HOME is a federally funded, large scale grant program for
housing. Funds are allocated by a formula to participating jurisdictions who receive funds to
operate the program.
HOME is designed as a partnership between the Federal and local governments, and those in the
for profit and non profit sector who build, own, manage, finance, and support low income housing
initiatives.
The major program activities include;
a) First Time Homebuyers Program
b) Homeowner property rehabilitation
c) Rental housing production and rehabilitation
d) Tenant -based rental assistance.
e) New construction
There are three major operating considerations;
a) HOME funds must be matched by non federal funds.
b) No HOME funds can be used for property owners or tenants with gross annual
incomes greater than 80% of the median income;
c) Community Housing Development Organizations receive a 15% set aside for
eligible activities.
The City of Lubbock received the designation as a participating jurisdiction in FY 1992. The City of
Lubbock's FY 1994 formula allocation is $938,000. The intent of the City of Lubbock is to expand
the supply of decent, safe, sanitary and affordable housing.
The Comprehensive Housing Affordability Strategy (CHAS) Annual Plan which was approved by
the Department of Housing and Urban Development (HUD) on February 8, 1994 identified the
priority housing needs and target populations. During the CHAS development process, HOME
funding was identified as a potential funding source for the implementation of housing programs
and initiatives.
The CHAS included strategies for meeting the needs of the general housing population as well as
for special needs populations.
The City of Lubbock has developed four strategies in the current CHAS. These are to:
Provide very -low through moderate -income households an opportunity and choice for decent, safe,
and affordable housing throughout the city.
FY 1994 HOME Program Description
Page 2
Currently, due to their incomes, units affordable to these households are
usually substandard and in need of major repairs. Fair housing and equal
opportunity issues can be ameliorated by providing a wider range of choices
of affordable housing units for individuals throughout the city.
Provide resources for the preservation of the existing housing stock which would be made available
to very -low through moderate income homebuyers.
The viability of existing neighborhoods is determined by the condition and preservation of
the existing housing stock, which promotes the maximum optimal utilization of public
infrastructure and existing support services. Therefore, preservation of existing housing
stock is the most cost-effective means of providing housing and makes access to
homeownership opportunities for low-income households possible.
Provide decent, safe, and adequate shelter to homeless persons, including preventive and
supportive services for persons threatened with homelessness.
There are a very limited number of temporary shelters in the City of Lubbock, yet homeless
persons are increasing year after year. Without adequate, long-term, temporary shelters,
homeless individuals and families are unable to stabilize their lives. On the other hand,
without measures to prevent homelessness and assist the homeless in becoming self-
sufficient, governments at all levels will continue to have the financial burden of caring for
increased numbers of homeless persons.
Provide service -enriched transitional and supportive housing for persons with special needs other
than homelessness.
Without housing assistance and supportive programs, individuals with special needs have
tremendous obstacles to regain their productive lives. Quality specialized care should also
be provided for special needs groups as they are often excluded from other existing services
due to their special demands.
Allocation of HOME Resources
Based upon these identified needs, the City of Lubbock proposes the following activities be
implemented with HOME funding:
HOME Match
Owner Occupied
Rehabilitation $703,500 $175,875
CHDO Set Aside 140,700
Program Administration 93.800
TOTAL $938,000 $175,875
FY 1994 HOME Program Description
Page 3
Owner -Occupied Rehabilitation Program
The owner occupied rehabilitation program will be designed to assist low income homeowners
who occupy existing housing stock. These programs will parallel and coordinate with existing
rehabilitation efforts funded through the Community Development Block Grant Program.
The program will be available to low income homeowners who own the property. The City will
accept fee simple title, a 99 -year leasehold interest, land sales contracts as evidence of ownership
or covenants running with the land. The property owner will be required to occupy the property as
a principal residence. The value of the property will not exceed the 203(b) mortgage limits for the
area and the type of dwelling. The HOME contribution will not exceed the 221 (d) (3) per unit
limits.
The owner occupied rehabilitation component may include both a moderate rehabilitation program
and a substantial rehabilitation program. At a minimum the rehabilitation will meet the Section 8
Housing Quality Standards with Property Rehabilitation Standards, and local building codes being
the desired standard.
These programs will utilize low interest bearing direct loans and deferred payment loans as the
form of financial assistance. The City is currently implementing a below market rate loan program
which will serve as the model for these HOME funded rehab programs. These loans will be
serviced in-house through a newly implemented loan portfolio program.
The provisions of the program will be included in the loan documents and recordable legal
documents.
Community Housing Development Organizations (CHDO's
As a program requirement, 15% of the City's HOME allocation must be set aside to be utilized by a
CHDO. For the City of Lubbock this requirement represents $140,700. The City of Lubbock has a
limited availability of non-profit organizations which develop, or own housing. The CHAS
described the need to develop and expand the capacity of non -profits in this area. The initial focus
of the City will be to develop the capacity of the non -profits. The City has a contract under the
HOPE III program with a local non-profit to provide housing counseling and act as a non profit
participant. This will provide an opportunity to build a stronger relationship to insure future
success for development activity. Additionally, the City is working with the Enterprise Foundation
and Development Training Institute to provide technical assistance to designated CHDOs.
The CHDO must be organized under state law, having a 501(c) status, and include the provision of
decent housing that is affordable to low and moderate income persons among its purposes.
Additionally, the CHDO must have the required governing board composition in order to meet the
HOME requirements. The CHDO will have a demonstrated capacity to carry out HOME assisted
projects and meet the appropriate financial standards. The CHDO's selected to participate in the
program must have at least one year of experience serving the community.
The City will begin immediately to identify and strengthen the CHDO's to sign agreements and
initiate projects within the required 24 months.
FY 1994 HOME Program Description
Page 4
Program Match Reauirement
The HOME program requires a match of local resources. A participating jurisdiction must provide
a 25% match for tenant based rental assistance, moderate and substantial rehabilitation and a 30%
match for new construction. The City's match requirement will be approximately $175,875.
The match is calculated on the actual projects to be done and is not required on administrative
costs or capacity building of CHDO's.
The City of Lubbock proposes to utilize the appraised value up to the amount needed of the
University Pines Duplexes, acquired Wednesday, January 19, 1994 1993, to meet the match
requirement. The property is located at the 9400 Block of Boston Avenue and consists of 8
duplexes, 16 units. A private management company is to be utilized and vacancies are to be filled
with income qualified elderly residents. The current appraised value of the University Pines
properties is $597,500, less the match required for the 1993 HOME funds of $87,625 and the
required match for this years HOME Program of $175,875, leaving the remaining match balance of
$334,000, which is available for future years.
Minoritv Business Outreach
The City of Lubbock is committed to the utilization and development of minority enterprises within
the community with special emphasis on minority and woman -owned businesses.
The City of Lubbock has established an ongoing outreach effort through the Minority Purchasing
Program. This program is outlined in Appendix A. The Minority Purchasing Program was initiated
following a City Council directive issued in March, 1984.
The outreach efforts currently followed by the City of Lubbock include;
1. Continual update of bidders listing to include minority and woman -owned
businesses.
2. Workshops to provide information on bidding and contracting procedures.
3. The availability of information packets to interested contractors and vendors.
4. Personal visits to MBC and WBC business to answer specific questions and
concerns.
Additionally, the City of Lubbock Community Development Staff has an active program to promote
and develop MBC and WBC enterprises. Over 50% of the contractors participating in the
Community Development activities are minority owned.
Affirmative Marketing Commitment
The City of Lubbock is committed to fair housing and equal opportunity efforts. Specifically, the
activities funded through the HOME program will promote fair housing choice through the
following outreach efforts.
FY 1994 HOME Program Description
Page 5
1. Advertising of available units will be included in the newspaper of general
circulation as well as newspapers which serve the minority communities.
2. All printed information will include the Equal Housing Opportunity logo.
3. The City will utilize outreach efforts to encourage participation of minority, low-
income and other populations which are difficult to reach with traditional
advertising techniques.
4. The Community Development Department will sponsor at least one workshop
annually to provide information on the application process, review any eligibility
criteria, and other general program information.
These proposed efforts have been utilized undercurrent programs. Based upon these efforts the
Urban Homesteading program and HOPE 3 program attracted a representative cross section of the
City of Lubbock's low income population. Under the Urban Homestead program 34 houses were
provided and the ethnic breakdown included 19, or 56% Hispanic, 5, or 15% African American, 9
or 26% Anglo, and 1, or 3% Asian American. Under the first year of HOPE 3 program, 33 houses
were provided and the ethnic breakdown included 13 or 39% Hispanic, 10 or 30.5% African
American and 10 or 30.5% Anglo.
CERTIFICATIONS
HOME PROGRAM DESCRIPTION
In accordance with the HOME Investment Partnership Act and with 24 CFR 92-150 of the
HOME Investment Partnership Program Rule, the participating jurisdiction certifies that:
(a) 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;
(b) If the participating jurisdiction is not on the list published under 24 CFR 92.51 and
intends to do new construction to facilitate a neighborhood revitalization program,
For each neighborhood revitalization program,
1. Rehabilitation is not the most cost-effective way to meet the participating
jurisdictions needed to expand the supply of affordable housing within the
neighborhood and the participating jurisdictions housing needs, within the
neighborhood, cannot be met through rehabilitation of the available housing
stock; and
2. The program of new construction is needed to facilitate a neighborhood
revitalization program that emphasizes rehabilitation or substandard housing
for rental or homeownership opportunities by low-income and moderate -
income families in an area designated by the jurisdiction;
3. The housing is to be located in a low-income neighborhood;
4. The housing is to be developed, owned, or sponsored by a community
housing development organization or a public agency; and
5. The number of housing units to be constructed with HOME funds does not
exceed 20 percent of the total number of housing units in the neighborhood
revitalization program that are assisted with HOME funds; unless
(a) The housing is to be located in a severely distressed area within the
neighborhood with large tracts of vacant land and abandoned
buildings; or
(b) The housing is to be located in an area within the neighborhood
with an inadequate supply of existing housing that can economically
be rehabilitated to meet identified housing needs; or
(c) The new construction is required to accomplish the neighborhood
revitalization program.
(c) If the participating jurisdiction is not on the list published under 24 CFR 92.51 and
intends to do new construction on the basis of special needs;
For each project,
1. Rehabilitation is not the most cost-effective way to expand the supply of
affordable housing for the special need and the special need cannot be met
through rehabilitation of the available housing stock;
2. Based on objective data in its annual approved housing strategy, a high
priority need for such housing exists in the jurisdiction; and there is not a
supply of vacant, habitable, public housing units in excess of normal
vacancies resulting from turnovers that could meet the specified need.
3. The HOME funds are used for new construction of one or more of the
following:
a. Housing for families of five or more persons;
b. Housing for persons with disabilities;
C. Single room occupancy housing, and
d. Housing that is necessary to further the desegregation or racial
deconcentration of housing within the jurisdiction pursuant to a
court -approved settlement agreement, compliance agreement, or
voluntary plan approved by HUD if tenant -based assistance is not
sufficient to meet the specified need within a reasonable time.
(d) 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 annual approved housing strategy for expanding the
supply, affordability, and availability of decent, safe, sanitary, and affordable
housing.
(e) The submission of the program description is authorized under State and local law
(as applicable), and that it possesses the legal authority to carry out the HOME
Investment Partnership (HOME) Program, in accordance with the HOME
regulations;
(f) It will comply with the acquisition and relocation requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, implementing regulations at 49 CFR part 24 and the requirements of 24
CFR 92.353;
(g) It and State recipients, if applicable, will use HOME funds pursuant to its
Comprehensive Housing Affordability Strategy (CHAS) approved by HUD and all
requirements of 24 CFR Part 92;
(h) It will continue to provide a drug-free workplace by:
Publishing a statement notifying employee 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 employee for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employee(s)
about -
(a) The dangers of drug abuse in the workplace;
(b) The participating jurisdiction'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 an employee 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 employee 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 paragraph 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 paragraph 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.
8. The grantee may insert in the space provided below the site(s) for the
performance of the work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
City of Lubbock
1625 13th Street
Lubbock, Texas 79457
(i) To the best of its knowledge and belief:
1. No federal appropriated funds have been paid or will be paid, by or on
behalf to it, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress in connection
with the awarding of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,
modification of any Federal contract, grant, loan, or cooperative agreement;
2. 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
3. It will require that the language of paragraph (h) of this 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.
CERTIFICATION OF CONSISTENCY WITH
COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
I, David R. Langston, Mayor of the City of Lubbock, Texas, authorized to act on
behalf of the City of Lubbock, do certify that the activities proposed by the City of Lubbock
are consistent with the Comprehensive Housing Affordability Strategy approved by the
Department of Housing and Urban Development on February 8, 1994.
APPROVED AS TO CONTENT:
Doug Goodl `an
Community evelopment
Interim Administrator
February 24, 1994
Date
APPROVED AS TO FORM:
Linda Chamales
Assistant City Attorney
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P.O. Box 2000
Lubbock, TX 79457
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Lubbock, Texas
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Community Development Department
Name and Ie1•Wwrr number o1 to Mersa+ to be oantacted on Rattan •'•"
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Doug Goodman
Interim Community Development Administrator
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L NAME OF FEDERAL AGENCY:
U.S. Department of Housing & Urban
Development
2 11. OESCRIPnWt TITLE OF APPLICANTS PRWECT.
HOME Entitlement Program
!a. WW0P SEO PROJECT
11. CONGRESSIONAL DISTRICTS OF:
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a Appeunt : 0 111fa1ea
04/94
04/95
19th ?9th
IS. ESTIMATED FUNOIIrQ
14 IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 11312 MWESV
a. YES THIS PREAPPLICATK WAPPLICATION WAS UADE AVAILABLE TO rME
a Federal
f 938,000 .00
STATE EXECUTIVE ORDER 12772 PROCESS FOR REVIEW ON
E Appicylt
= 175,875 '00
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17. IS THE APPLICANT OELINOUENT ON ANY FEDERAL DEBT?
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❑ Yes M was.' attwA an 02wanatwn No
1L 90 THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION ►REAPPLICATION ME TRUE AND CORRECT. TME DOCUMENT KAS BEEN DULY
TME GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH TME ATTACHED ASSURANCES IF THE ASSISTANCE 4 AWAROEB
a_ TYped Name nwrued Rt esentat O Tetle t Teleywne nu"wer
Da an Ston Ma or 806-767-2009
IF I of ut tt • t • Date SVWd
02/24/94
APPiiW® AS M POI:
(L� -. v-�/
interiimm Direct r ty Devi Assistant City Attorney