ORDER N0. ~E152
TEXRS CRRITGL FUND AF'pLICRTION
FOR STEVE CHAF'MRN
On this the 1?,th day of December 1999, upon motion made by
Commissioner- Williams, seconded by Commissioner Baldwin, the
Court unanimously approved by a vote of 4-0-0, a grant
application by the County on behalf of Chapman's building
services in the amount of ~250,~Q~0.00 to the Texas Capital
F~_ind and the Court scheduled a public hearing, as r•equir•ed,
on Wednesday, December- ~~nd, at 4:Q~Q~ p. m., contingent upon
having all the necessar^y doc~_imentation on file with the Kerr
County Clerk not later than 5:00 p. m. on Friday,
17th December- 1999.
PEr 08 '99 le~2a
FACSIMILE COVER SHEET
To; Judge Fred Henneke
Company: Kerr County Judge
Phone: (830)792-2211
Fax: (830)792-2218
From; Linda Costley
Company: The Institute for Finance and Economic Development Corporation
Phone: 512-357.2009
Fax: 512-357-2213
Date; December 8, 1999
Pages including this cover page: 13
P.1
Comments: Judge Honneke, hero are samples of the documents that I will Head froth the
County, Please let me know !f you have any questions. Thanks, LC
DEC 08 '99 10 25
MEMORANDUM
To:	3udge Fred Henneke, Sherry Cunningham
From:	Linda Costley
Date:	December 8, 1999
Re:	Texas Capital Fund
7udga Henneke,
P.c
You had asked that I provide a list of items that the County would need to provide should
they docide to support a Texas Capital Fund application for Stevo Chapman. Here is the
application checklist with the County items checked I have also included some sample forms,
I will be grepnring the forms for the actual application, so you won't need to do that. There are
some items that I will need assistance fYom the County because I won't know the answers, but I
believe that these items will be self evident, After you have review the checklist and the sample
documents, please feel free to call me with questions.
Linda Costley
DEC D8 '99 16 26
P.3
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LEC D8 '9? 16 25
LOCAL GOVERNMENT RESOLUTION
An original or Certified original resolution by the local governing body authorizing the submisaioh of an
appiicationforeconomicdavelopmentfunds th ac omi dev n ro m undartheTexas
Community Development Program must be included in the application. The resolution must contain a
reference to the specific activity fwwhich the Jurisdiction is roqueBtng funds and make a program income
nformation. described in Section 4. Applicants have the option of including any additional pertinent
{Sample) RESOLUTION NO. _
A RESOLUTION APPROVING AN APPLICATION FOR FUMDINO THROUGH THE
TE7tA8 DEPARTMtNT OF ECONOMIC DEVELOPMENT (aoeclfv orooraml
BE IT RESOLVED by she Clty CounclUCommiscionere Court of the City/County of ae Folbws:
SECTION 1
The Ciry CounciUCommiaeionara Court has reviewed and .hereby approves an application for (flat ectivttlea,
IocsUCn and dollar amount)
Award for Max and Sons, Ina; 321 N, Elm, Nutto, Texas; for Infrastructure -
Awerd for Max and 5ona, Inc.; 321 N. Elm, Huttd, Texas; for Reel Eatata - $2'000
Atlmfnlstration Orant- $200,000
S 36,000
SECTION 2.
The City CounGUCommlaeionera Court has revleurod and hereby agrees to comply w}th all assurances executed
in connection with the appllCpUOn and, if funded the award.
SECTICM 3.
The Mayor/County Judge la hereby authorized and directed to act on the City's/County's behalf in ell matters
pertaining to this appNcation.
SECTION d. {Salectone)
The City CouneillCommiaa(onere Court hea ravlewetl antl hereby agrees to participate in program inxme
recapture by returning program Income to the State to be placed in a specially dgignatad Revolving Loan Fund
to be usetl for future economic devaloprnent activities et the local level. ey agreeing to this measure, the
cityloounty undestands that k will only ba eligible for one Texas Capital Funtl award pet program year.
The Clty CounciVCommissionera Court has reviewed and hereby agrees not to participate in program income
recapture antl wii( return ell program Income to the State to be placed fr, p statewide Revolving Loan Funtl to be
used by the State to fund future economic development awards. By agreeing to this measure, the dtylcounry
understands that It wnl be eligible to receive es many Texas Capital Fund awards per program year as it hee
eligible proJecta,
(This determination must be made at the t/me the original ewero' Is mode and cannot be changed with subsequent
awards tw thra program year or retroactively in subsequent program years. This note should not be pert of the
resolutlonJ
PASSED AND ADOPTED at a regular meeting of the Clty Council/Commissioners Court of the
CitylCounty of
,~ held an by the following vote:
AYES: _NAYES:~ABSENT:
GENERAL CERTIFICATIONS
I, as
of certify with respect tothe expend'RUre of funds
provided under this contract by
-,that;
1, it will minimize disnlarrxm.nr .,s .,e.~....,..,., „ .__..~ _< _ ..
_,_ ___.,,,,,,, ,,, „a,o,,,,, Qo d ,eawi or acnvmes asslatetl wi±h such funds;
The program wil! be conducted and administered .n Conformity with Public Law 88-352 and
Public Law 90-284, end that it wlll afrirmativ©iy further fair housing, as specified by
6epartment;
3. It will provide for opportunities for citizen participation, hearings and access to information with
respect to Its Community development programs, as specified by Department;
4. It will not attempt to recover any capital costs of public Improvements assisted in whole or in
pars with such 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
eondttion of obtaining access to such public improvements unless (a) such funds are luaed
to pay the proportion of suoh fee br assessment that related to the Capital costs of such public
improvements that are financed from revenue sources other than such funds:. or (b) for
purposes of assessing any amount against properties owned and occupled by persons of low
and moderate income who are not persons of very low income, Contractor certifies that it lacks
sufficient funds under this cant~act to comply vdith the requirements of clause (a).
5. In the event the`. d?splacemert of residential drJellings wi(I occur in connection with a protect
assisted with TCDP funds, it will follow a residential antidispiacement and relocation
assistance plan, as specified by the Department.
6. it shall adept and enforce a policy prohibiting the use of excessive farce by law enforcement
agencies within its jurisdiction against any individual engaged in nonviolent Civil rights
demonstrations and a policy of enforcing applicable state and local laws against physically
barring entrance to or ex~ from a facility or location which is the subject of such nonviolent civil
rights demonstration within ita jurisdiction.
7. Corn-actor egress not to aVcupy ar ;ailize the property identified in the application for the general
conduct of government as long as Contrscto!• ratalns en ownership interest.
Name
Data
1559 Program. Year Pape 33 ~f 4E
DEC 09 '99 15~c5
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned
best of its
knowledge and belief, that:
F.5
certifies, to the
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a member 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 otherthan federal appropriated funds have been paid orwill be paid to any person
for influencing or attempting to influence an offlcer or employee of any agency, a member of
Gangreas, 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, the undersigned
shall complete and submit standard form -III, "Disclosure Form to Report Lobbying", in
acoordance with Rs instructions.
3. The undersigned shall require that the language of this certification b® included in the award
documents for all subawards at al! tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certifcation is a material r®presentation of fact 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 S®ction 1352, Title 31, U.S. Coda. Any person who
fails to file the required certification shall be subject to a Civil penalty of not less than $10,000 and
net more than !100,000 for each such failure.
Signed:
Name
Date:
Title (mayorlJudge)
t see Proprom Year Pogo 34 of d8
DEC 08 '88 16 29
!SAMPLE 2
CITY OF MEDFORD
C171ZEN PARTICIPATION PLAN
F.6
The Clty of Medford, Eugene County, Texas, shell comply with the fd:owing citizen participation plan roqulrements:
1. Provide forandencouragecltlzenpaRlcipation,emphas~zingparticipationbyparsonsoflowandrnoderotelncome
residing in slum and blight areas and in areas in which TCDP funds era proposed to be uaad;
2. Provide citizens with reasonable and tlmaly access to kneel meetings, information and records concerning the
propocad and actual use of TCDP Tunda;
3. Provide for technical aaalstance to groups representative of peroons of low and moderate income that request
such assistance In davelaping TCDP proposals with the loyal and typo of assistance to be determined by the City;
4. Provide for public hearings to abtaln citizen views and tc respond to questions and proposals at all stages of the
community tleveiopment program, inGUding at least the development of needs, the review of proposed activities,
and a review of program performance, which haarings shall be held after adequate notice, at times and IocaGona
convenlant to potential or actual beneficiaries, and with accommodations for handicappetl persons;
6. Provide for a timely written rosponse tc wnttan wmptaints end grievances, within 15 working days where
procttcable; and
B. Identify haw the neadc of nomEnglish speaking residents wIN be met In the case of public haarings whore a
elgniFwent number of non-English speaking residents can be reasonable expected to participate.
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City of Matlford, Eugene County, Texas, the following public
heanng provlclons shell be obaeroed:
Publle notice o} al! headngs must be published at ieaet three (3) calendar days prior to the scheduled hearing. The
public notice must bepublished in anon-legal wctlon of a local newspaper. Each public notce must include the date,
tktte, bcatbn and topics to be considered at the public hearing. A publiahad newspaper article can also be used to
meet this requirement so long as it meets all content and timing requiements.
(2) Each puWlc hearing shall be held at a tlma (gererally after 5:00 PM on weekdays ar on Saturoays) and location
convenient to potential or actual benefklanes and will include accommodation for handicapped person.
(3) Whenasigniflcantnumberofnon-Engllshspeakingrosldantscanbaroaaonablyexpectedtoparticipateinapublic
hearing, an interproter will be present to accommodate the made of the non-English speaking reeldenta.
CO~AWT PROCEDURES
The City of Medford, Eugene County, Texas, has In place written citizen complaint procedures that provide a timely
writen response to compiainffi and grievances. The complaint procedures comply wRh the requiromenffi of the Texas
Department oT Housing and Community Affairs Complaint System, 10 TA.C. Sec 178.1 and ' 98.2. Cttlzens will be
made aware of the location antl hours at which times they may obtain a copy of these written procedures.
TECHNICAL ASSISTANCE
When requested, the City of Medford, Eugene Gounty, Texas, witl provide technics! aaaiatance to groups
representatve of persona of icw and moderate Income in tlevaloping proposals for the use of TCDP funds. The level
end type of assistance shalt be determined by the City based upon the spaclfk: needs of the community's resitlents
The Clty will comply with the following citizen participation requirements for the preparation and Submission of an
application to the Texas Communtty Development Pragrom:
t9flfl PrOgreM Year Page 38 of ~6
PEC D6 '99 16 39 P.'
1. At a minimum, the City will hold at least one public hearing prior to aeveloping the appiicatlon and post a note
in the loyal newspaper regarding the community's assns to submit an application.
2 The public notices will ba published at least 7 deya apart.
3. The public hearing will be held in the applicant's jurisdiction.
4, The City will retain documentation ofthe hearings notice(s), a liatinq of persons attending the hearings(s), minutes
of the hearing(s), and any other records concerning the proposed use of funds for a period of one year cr until the
project, if funded, is cbsetl out. Such records will be made available to the public in accordance with Texas Cavil
Statutes, Article 8252.17a.
5. The public hearing will include a discussion with citizens on the development of housing and communhy
development naeda the amount of funding available. All eligible activltias under the Texas Community
Development Program, and the use of peat TCDP contract funds, if appDCeble Citizens, with particular emphass
on persons o! low and moderate income who are rosidants of alum and blight areas, w1A be encouraged to submit
thairviewa and proposals regarding communi!y developmert and housing needs. Citizens wiH be made aware of
the location where they may submit their vlew6 and proposals should they be unablo to attend the public hearing.
8. The second public notice will announce the applicant's Intent to submit the proposed project, the amount of funds
being reeueated, the estimated amount of funds proposed for activltles that wit! benefit low/moderete income
persons, and the plans pf the locality to minimize displacement of persons and to assist parsons actual displaced
as a resu!i of activltles asaistad with TCDP funds, if applicable. Tha notice will include kha bcatlon and hears when
the application Is available kr review.
7. While more than one application can be discussed at a aingle public hearing e.g., it the applicant is eonsMering
both a Community Developnent Fund and a Taxes Capital Fund epplieation - a hearing held for the previous
program yeer'a aubrnittal of the same application (under either fund) is not acceptable for meeting the
requlremants for any subsequent competition.
The City will comply with the tdbwing citizen participation roquiramants in the event that it receives funding from the
Texas Community Development Program:
1. The City will hold a public hearing concerning any substantial change, as determined by the Texas Department
of Housing and Community AMairo (TDHCA). proposed to be made En the use of TCDP funds from one eligible
activity tc another,
2. Upon compiatlon of the community development program actWRies, the City will hold a public hearing and review
its program performance including the actual use of the TGDP funds.
3. The City will retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes
o} the haanng(s), and any other records conoeming the actual use of funds for a penod of three years attar the
project is closed out. Such records will be mado available to the public In accordance with Texas Civil t3tatuea,
Article 6252.17x.
CITIZEN PAf~TICIPATION PLAN COMP
1. A cRizen who has a comment or complaint about the quality of services provided by any aubeomracter for the Coy
related to a Texaa Community Development Program (TCDP) funded project or a comment or complaint related
to any aape~-t of a TCDP project may submit such comment yr complaint in wr!ting to the Mayor.
2 TheMayorshelladvisethecomplainantthathiswrittencommentorcomplalntwillbepresentedtothaCityCouncll
at the next regularly scheduled meeting of that body and t'ne complainant shall ba invited to attend the meeting
to observe the action of the Ciry Council.
3. The Mayor shall present the written comment or complaint to the City Council at Its next reguiady scheduled
meeting and advise the Counc!I that an investigaton ofthe will be conducted, Further, he shall advise the Council
that the findings of that Inw_skigation will be brought back to the Council at its next regularly scheduled meeting.
t899 Prosnm veer Papa 37 0+ 46
DEr 06 X99 16 31
P.8
Tha Mayor may, at hie discretion, appoint a city stall person, a nwmber of the City Councq or a committee of the
Council to 9nvaetigate the Comp!alnt or he may conduct the InvesBgation hlmaalf
4. At the next regularly scheduled meeting of the City Council, the appointed person or corvnittee er the Mayor shau
present a report of its (hia) findings. The Ciry Ca:ncil shall then vote to adopt or reject the report and approve the
acton to be taken in response to the complaint. Tha complainant shall be Informed of the meeting and be invited
to observe the deliberations and tlacisian of the Council.
B. The decision of the City Council shall be carded out and, It necessary. a report shall be given by the Mayor at the
next regular{y schatluled meeting of the Council ccnfirming thatCie action required by the Council was completed.
If a final report of the resolution of the comment ar oomplaint Is to be provided at the next Council meeting, the
complainant shall'x so informed.
6 The Clty shall report the Comment and complain) received antl the action taken in its quarterly reportto the Texas
Department of Housing and Community Affairs and dcse-out documentation for the TCDP project.
Passed and approvstl by the Cky of Medford, Eugene County, Texas governing body on August 28, 1888.
[seal of City] MAYOR;
ATTEST:
CITY MANAGER:
i g9g Program Year Pepe 36 of 48
TvEC D8 '99 16 31
COMMUNITY NEEDS ASSESSMENT QUESTIONNAIRE
Address the following needs for the applying jurisdlctior.
P.9
1. Housing needs. Briefly describe the IocaNty's most serious housing needs, Le., deterioration,
affordability, or overcrowding.
2. Economic Development needs. In this section, evidence of need might include the percentage and
number of unemployed person, sales tax trends, plant closures, industrial vacancy rate trends, or
strudurai and infrastructure deterioration in commercialrlndustrlal areas, and public benefit. Public
benefit includes job croation for Low end Mcderate income paroons and others, spin off development,
local tax benefits, construction jobs and other special benefits. Please be sure to document the public
benefit.
3. Public Facilities needs. in this section, evidence of need might include findings and actions taken by
State agencies, surveys of street conditions, and public works department reports on public
infrastructure deterioration,
4. Other Basic and Serious needs. If the applicant's serious basic needs cannot be categorized by any
of the three major areas above, describe here.
5. Discuss the protected andlor existing financial benefits (i.e. tax revenues} to the applicant from the
business.
t3. Why la the applicant addressing this particular need?
a. What is the extent of the need? (For example, have there been any recent local closings of
businesses or Industries,}
b. How has this Head been documented? (For example, by community survey, public hearing,
existing plan/study, documentation by an outside party or other.}
7, How does the applicant propose to resolve the identified need?
a. Are any non-TCDP funded activities pending that would further address the need?
b. Are there any indireot benefits to the community ea a result of this activity?
c. Is this activity part of any existing local plan, policy, or strategy?
8, To what extent does the project capitalize on underutlllzed capacity? (For example, is the business
locating in an existing industrial park andlor building tnat has infrastructure improvements already
avallabla7 Is a currently vacant structure going to be used for the business's operations? is the land
(on which the structure is going to be built) already on industrial-zoned fend owned by the business or
city govsmment?]
g. To what extent tloes the proposed project diversity the bcei economic base?
a. What is the major economic base of the area?
b. List the number end types of existing industries/businesses.
c. Regarding the proposed project, wi11 the business (named in this application) be independent
of, In competition with, or in support of any existing businesses in the area?
1999 P~ogrem Year Page 39 Ot 46
DEr GJE '99 1632
PU6LIC Y,'EA.RING
F.10
There will be a gublic :tearing at 7:0o p.m. on Monday,
DeCemter 13, 1999 at. the City of Merkel City Council Chambers, 1Co
Rent Street, Merkel, Texas, to di.seuas the Community Development
Hlock Qrant Program.
All Markel residents are cncovraged to attend and s*_aCe their
views on these programs, T^.e City has been asked to provide real
estate and infrastructure support to McElroy Metal Company. The
eomgany plar:e to expand its business and create 30 jobs in karkel,
T®xaa. The funds obtained will be used to provide a building, fer
water and sewer lines, fo= engineering and for administration of
the project. F. copy c. the application will be available for
public neview and commeat an December 13, 1999 during regular
business ilovrs at the City Sall, 100 Xent Street, Merkel, Texas,
All area residents are encouraged to atten3 and state Their
views or_ this program. If you are ur:able to attend but wish to
oomment, cprtact Che Mr. Bob ?ammond, 8DC Coordinator at (915) 928-
5152 or mail your comments to Mr. Bob Hammond, WDC Coordinator,
Pox 536, Merkel, TX 79536. Individuals wha require auxiliary aide
and services for Ch1s meeting should contact Mr. Hacnmord at 1915)
92?-5152 or Relay Texas a: 1-800-735-2989 (TDD).
-30-
PEC 02 '99 1633
NOTICE
F.1i
The City of Merkelie making an application to the Texae Department
of Economic DCVClepment Texas Capita"_ Fund, The application will
be to provide real estate and infraotructure support to McElroy
Metal Mill, Ina. The company plane to expand its business to the
Merkel and create 30 jobs in Merkel, Texae. The City will be
requemting up to 5750,000 from the Texae Capital Pund. The funds
obtained will be used to provide a building, infrastructure, and
for administration for the project. A copy of the application will
be available for public review and comment on December 15,1999
during regtaar business hours at the City Ha11,io0 Kent street,
Taylor, Texa®.
-30-
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DEC 08 '99 163:
PROGRAM INCOME REPORT
Complete ali appropriate information for prior and current TCF contracts.
is the applicant receiving program income? Yes ~, No,~
P. 12
Contract No.	Gontntel Arnt.	Total A.mt. Prciectsd
Proprem Income	Total Amt PI GOAaMed	Total Amt Pi Redlatriouted
	~	s	s	a
	s	$	s	s
	$	$	$	a
For all program income {PI) that has bean collected and redistributed, please attach a brief listing of
activities that were funded with same. Please be aware that contractors ere required to utilize program
inoomeonhandpriortor~uestingaddRionalfundshomEconomicDevelopment. Doestheapplicanthave
an RLF plan approved En writing by 7DHCA? Yes No
FAIR HOU8lNG ACTIVITIES
Any lacaiity receiving TCDP funtls under the 1 g99 program year must certify that it will affirmatively further
fe{r housing. Using the form provided, please explain the acthrltisa presently undertaken to affirmatively
furtherfair housing andwhlch new activities will be undertaken, if an award is madefrom the Texas Capital
Fund. Localities should be aware that, in the event offundinp, these fair housing efforts will be monftorad,
Other sctividea may be eligible, and the applicant should contact Department to determine aligibllity.
Indicate below which fair housing aotivlti66 are presently undertaken and will lie undertaken, i} funded.
Activities which qualify as affirmatively furthering fair housing Include, but are not limited to the following:
Activity	Preasnty Undertaken	VVIII Be Undertaken
Passing a fair housing ordinance		
Developing a strategy to pass a fair housing ordinance		
Initiating a fair housing ccunaelinq service		
Assisting fair housing groups		
Eatabliehing local complaint and monitoring processes		
Providing houainp choices outside historically minority
andlar iowlmoderate income neiphbonc~oda		
Assisting housing projects that era racially mixed		
Enforcing fair houainp guidelines that are equivalent to
a fair housing ordinance		
Adop6np and dlatributinp fair houainp policies		
Designating April as Falr Housing Month and perform-
ing activities in support of Fair Housing		
19A8 Propmm Year Paga 41 of 48