Header:
TEXAS ADMINISTRATIVE CODE
TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 30. COMMUNITY DEVELOPMENT
SUBCHAPTER A. TEXAS COMMUNITY DEVELOPMENT PROGRAM
DIVISION 1. ALLOCATION OF PROGRAM FUNDS
Date:
03/06/2014
Document:
§ 30.3. Planning/Capacity Building Fund
(a) General provisions. This fund is intended to provide an opportunity for units of general local government to prepare comprehensive community development plans, develop strategies, assess needs, and build or improve local capacity to undertake future community development projects or to prepare other needed planning elements (in-cluding telecommunications and broadband needs). All planning projects awarded under this fund must include a sec-tion in the final planning document that addresses drought-related water supply contingency plans and water conser-vations plans. Eligible units of general local government are to be the direct recipients of planning contracts. Units of general local government may submit one application for planning funds biennial basis if all previous planning/capacity building contracts with the Department have been totally reimbursed by the Department.
(1) A cash match equal to or greater than 20% of the total TxCDBG funds requested is required of all applicants having a population over 5,000, a cash match equal to or greater than 15% of the total TxCDBG funds requested is required of all applicants having a population over 3,000 but equal to or less than 5,000, a cash match equal to or greater than 10% of the total TxCDBG funds requested is required of all applicants having a population over 1,500 but equal to or less than 3,000, and a cash match equal to or greater than 5% of the total TxCDBG funds requested is re-quired of all applicants having a population of less than 1,501. The population of an applicant is based on the 2000 census unless an applicant submits a survey conducted in accordance with § 255.1(k) of this title (relating to General Provisions). In lieu of providing the cash match specified in this paragraph, and as further described in the most recent application guide for this fund, an applicant may agree to pay out of its own resources for other eligible planning ac-tivities described on the matrix included in such application guide.
(2) In addition to the threshold requirements of § 255.1(h) and (n) of this title, in order to be eligible to apply for planning/capacity building funding, an applicant under this section must document that at least 51% of the persons in the area who would benefit from the implementation of the proposed planning activity are of low and moderate in-come.
(b) Funding cycle. This fund is allocated to eligible units of general local government on a biennial basis for the 2011 and 2012 program years pursuant to a statewide competition held during the 2011 program year. Applications for funding from the 2011 and 2012 program year allocations must be received by the TxCDBG by the dates and times specified in the most recent application guide for this fund.
(c) Selection procedures. Scoring and the recommended ranking of projects are done by Department staff with an opportunity for comments from the regional review committees. The application and selection procedures consist of the following steps.
(1) Prior to the application deadline, each eligible jurisdiction may submit one application for funding under the planning/capacity building fund. An applicant may not submit an application under this fund and also under the colonia fund if the proposed activity under each application is the same or substantially similar. One copy of the application should be provided to the applicant's regional planning commission (Council of Government), if applicable, and two copies (one original and one copy) must be submitted to the Department.
(2) Upon receipt of an application, the Department staff performs an initial review to determine whether the ap-plication is complete and whether the activities proposed are eligible for funding. Results of this initial staff review are provided to the applicant. If not subject to disqualification, the applicant may correct any deficiencies identified by providing missing documentation (but not completing an incomplete application) within 10 calendar days of the date of the staff's notification.
(3) Each regional review committee may, at its option, review and comment on a planning/capacity building pro-posal from a jurisdiction within its state planning region. These comments become part of the application file, provided such comments are received by the Department prior to scoring of the applications.
(4) The Department staff generate scores on factors related to planning strategy and products. Each application is scored on how the proposed planning activities resolve the identified community development needs of the local government. This information, as well as any comments made by the regional review committee, are used by the De-partment staff to generate scores on the planning strategy and products factors.
(5) The Department generates scores on selection criteria relating to community distress, project design, and planning strategy and products. Scores on the factors in these categories are derived from standardized data from the Census Bureau, Texas Workforce Commission, or from information provided by the applicant.
(6) Scores on all factors are totaled to obtain project rankings.
(7) Upon the announcement of the 2011 and 2012 program year contract awards, the Department staff works with recipients to execute the contract agreements. The award is based on the information provided in the application and on the amount of funding proposed for each contract activity based on the matrix included in the most recent application guide for this fund.
(d) Selection criteria. The following is an outline of the selection criteria used by the Department for selection of the projects under the planning/capacity building fund. Four hundred thirty points are available.
(1) Community distress (total--55 points). All community distress factor scores are based on the total population of the applicant.
(A) Percentage of persons living in poverty--up to 25 points
(B) Per capita income--up to 20 points
(C) Unemployment rate--up to 10 points
(2) Benefit to Low/Moderate Income Persons (total--0 Points). Applicants are required to meet the 51% low/moderate income benefit as a threshold requirement, but no score is awarded on this factor.
(3) Project Design--375 Points (Maximum).
(A) Program Priority (up to 50 points)--Applicant chooses its own priorities here with 10 points awarded per prior-ity as provided in clauses (i) - (iii) of this subparagraph. (i) Base studies (base mapping, housing, land use, population components) are recommended as one selected priority for applicants lacking updated studies unless they have been previously funded by TxCDBG or have been completed using other resources. (ii) An applicant requesting TxCDBG funds for fewer than five priorities may receive point credit under this factor for planning studies completed within the last 10 years that do not need to be updated. An applicant requesting TxCDBG funds for a planning study priority that was completed within the past 10 years using TxCDBG funds would not receive scoring credit under this factor. (iii) Applicants should not request funds to complete a water or sewer study if funds have been awarded within the last two years for these activities or funds are being requested under other TxCDBG fund categories to build these systems.
(B) Base Match (total--0 Points). The population will be based on available information in the latest national de-cennial census. (i) Five percent match required from applicants with population equal to or less than 1,500. (ii) Ten percent match required from applicants with population over 1,500 but equal to or less than 3,000. (iii) Fifteen per-cent match required from applicants with population over 3,000 but equal to or less than 5,000. (iv) Twenty percent match required from applicants with population over 5,000.
(4) Areawide Proposals (total--50 points). Applicants with jurisdiction-wide proposals because the entire jurisdic-tion is at least 51 percent low/moderate-income qualify for these points. County applicants with identifiable, unin-corporated communities may also qualify for these points provided that incorporation activities are underway. Proof of efforts to incorporate is required. County applicants with identifiable water supply corporations may apply to study water needs only and receive these points.
(5) Planning strategy and products (total 275 points).
(A) Planning Strategy and Products (50, 30 or 20 points possible, if previous plan implementation shown.): (i) An applicant which has not previously received a planning/capacity building contract or an applicant which has received a planning/capacity building fund contract prior to the 2002 program year and has not received any subsequent plan-ning/capacity building fund contracts--50 points. (ii) An applicant which has received previous planning/capacity building funding and demonstrates that at least three previous planning recommendations have been implemented, i.e., funds from any source have been spent to implement recommendations included in the plans--30 points. (iii) An applicant which has participated in the program established under this section and demonstrates implementation of two of the planning recommendations, regardless of the source of funding, or an applicant which has received previous planning/capacity building funding but demonstrates that conditions have changed to warrant new planning for the same activities--20 points. (iv) Previous recipients of Planning and Capacity Building Funds since program year 2002 scored under clauses (ii) and (iii) of this subparagraph that have not implemented the previously funded activities, and there are no special or extenuating circumstances prohibiting implementation, will not receive points under the "previous planning" category. Implementation must be completely documented in the original submission of the application and its questionnaire. Further documentation will not be requested.
(B) Proposed Planning Effort (up to 225 points) based on an evaluation of the following: (i) Community Needs As-sessment (Must have both items to get 10 points). Needs identified by priority (7 points); Documentation included of citizen input by three or more non-elected citizens involvement (3 points). (ii) Good hearings' notices, timeliness (up to 25 points). Hearing notices and publication happened as described in the application guide and all documentation submitted in original application. (iii) Description of Needs Addressed in the Application (Must have both items):
(I) Applicant has included its proposed planning activities to address each listed need (10 points);
(II) If only one hearing to determine needs and no other means of needs assessment, is the #1 need in the locality's Community Development application's Needs Assessment the same as the #1 need in the locality's PCB application's Needs Assessment? If no, subtract 20 points. (iv) Community is organized as evidenced by a citizens advisory committee, or documents Texas Historical Commission Main Street designation, or previous successful PCB contract closeout since 2000 (with no more than a two-year contract period for PCB performance since PY 2000), thereby indi-cating for purposes here that it would ensure a planning process or plan implementation (up to 15 points). (v) Ap-plicant's resolution specifically names activities on Table 2 for which it is applying (up to 5 points). (vi) According to the application, applicant is applying for planning only; no construction activities proposed for 2011-2012 TxCDBG funding (up to 23 points). (vii) Table 1, Description of Planning Activity (up to 5 points, One (1) point apiece)
(I) Originally submitted TABLE 1 requests eligible activities;
(II) Originally submitted TABLE 1 proposes an inventory, analysis and plan;
(III) Originally submitted TABLE 1 addresses identified needs;
(IV) Originally submitted TABLE 1 activities match Table 2 planning elements;
(V) Originally submitted TABLE 1 describes or indicates an implementable strategy. (viii) Table 2, Benefit to Low/Mod Income Persons (Must have all items, if applicable, to get 5 points):
(I) Amount requested in original submission is less than or equal to matrix prescribed amount;
(II) If special activity funding is requested, the amount was negotiated, as per the matrix;
(III) All proposed activities in original application relate to described needs and resolution. (ix) Community Base Questionnaire: Original was complete; entire questionnaire included with the original application (up to 3 points). Subtract one (1) point for each blank or non-response where an answer space is provided and an answer is needed to provide a score anywhere on this form up to a maximum of -3. (x) Staff Capacity: Applicant has demonstrated staff capacity, by having either a Full-time city manager or city administrator; or Full-time planner or documented planner on retainer (up to 2 points). (xi) Organization for planning: One of the following exists within the applicant's jurisdiction: Planning & Zoning Commission; Planning Commission; Zoning Commission; Zoning Board of Adjustment; Citizens Advisory Committee; or Other local group involved (up to 1 point). (xii) Applicant has one organization for planning that met seven (7) or more times per calendar year. May require documentation (up to 5 points). (xiii) Applicant has at least three of the following codes or ordinances passed (or updated) since January 1, 1990, according to the original application: Zoning, Building, Subdivision, Gas Natural, Electrical, Fire, or Plumbing (up to 3 points). (xiv) Applicant has zoning and no land use and future land use maps (subtract 3). (xv) Zoning was passed before land use plan was passed. In this instance, the zoning/zoning district map will not be considered as the land use plan (subtract 3). (xvi) Applicant has at least two of the following codes or ordinances passed or updated since January 1, 1990, according to the original application: Mobile Home, Minimum Standards Housing, Flood Plain, Dangerous Structures, or Fair Housing (up to 3 points). (xvii) Applicant has at least three (3) of the following elements not funded through TxCDBG less than 10 years old (completed since October 8, 2000), according to the application; or, will have in place the following element(s) prior to awards: Land Use, Water System, Housing, Wastewater, Street Plan, Drainage, ED Plan, Solid Waste, CBD Plan, or CIP (2 points maximum; but no points, if reapplying for TxCDBG funding for same elements that were completed within the last ten years using TxCDBG funds). (xviii) Applicant has both: property tax and sales tax (up to 10 points). (xix) According to the application, applicant has been successful in collecting an average of 95% or more of its property taxes for the two years of 2008 and 2009 (up to 3 points). (xx) Applicant reports it has a code enforcement officer (1 point). (xxi) According to applicant, population change from 2000 to present is (up to 10 points):
(I) Greater than 5% but less than or equal to 10% (2 points);
(II) Greater than 10% but less than or equal to 15% (4 points);
(III) Greater than 15% but less than or equal to 20% (6 points);
(IV) Greater than 20% but less than or equal to 25% (8 points);
(V) Greater than 25% (10 points). (xxii) Applicant reports it has passed a one-half cent sales tax to fund economic development activities (2 points). (xxiii) Applicant has performed any two activities to attract or retain business and industry (2 points). (xxiv) Applicant has applied for federal or state funds (other than TxCDBG) in the last three years (2007, 2008, and 2009) or is currently applying (2 points). (xxv) Applicant is specifically requesting funding under this application for a Capital Improvement Program or has indicated in the application that a capital improvement programming process is routinely accomplished (1 point). (xxvi) Applicant reports it has bonded debt as of June 30, 2009 indicating local commitment and an attempt to control problems and implement improvements (4 points). (xxvii) Applicant reports its per capita bonded debt as less than $ 500 as of June 30, 2009 generally indicating some additional debt capacity; and, perhaps, indicating the proposed activities will result in the development of a viable and implementable strategy and be an efficient use of grant funds (10 points). (xxviii) Applicant reports its total debt as less than 10 percent of total market value as of June 30, 2009 (7 points). (xxix) Applicant reports its annual debt ser-vice as less than 20 percent of annual revenues as of June 30, 2009 (6 points). (xxx) Applicant is in a COG region which had no recipients of TxCDBG Planning and Capacity Building Funds in the previous application cycle--HOTCOG, PRPC, and SETRPC (5 points). (xxxi) Applicant is requesting fewer than five (5) priority activities and is requesting no more than the dollar amount prescribed in the matrix and no Special Activities requested (6 points). (xxxii) Applicant is requesting planning funds strictly according to the matrix after competing unsuccessfully last competition or appli-cant has a population shown on Table 2 of at least 200 but less than or equal to 600 (5 points). (xxxiii) Commitment, as exhibited by match, based on 2000 Census (up to 5 points). Applicant is contributing the following percentage more than required over the base match amount for its population level:
(I) less than 5% (0 points);
(II) 5% but less than 10% more than required (2 points);
(III) 10% but less than 15% more than required (3 points);
(IV) 15% but less than 20 more than required (4 points); or
(V) At least 20% more than required (5 points); (xxxiv) Application was received in a complete state; that is, a re-view letter did not have to request any missing application components, information requested in the application's forms or documentation that must be attached as instructed in the application. Mathematical tabulations and benefi-ciary data derived from census data must be correct upon receipt. Beneficiary information derived from a survey is an exception. Survey data corrected or changed by Department when the applicant is qualifying using only survey data or in combination with census data may be changed in the application without penalty. Applicant will not qualify to compete, if the effect of any change is to drop the low/mod rate below 51 percent (15 points). (xxxv) Applicant has listed at least three indications of the locality's likelihood to stay directly involved in the planning process and to im-plement the proposed planning (1 point). (xxxvi) Special Impact. Whether the list referenced above indicates in the top three reasons that some significant event will occur or has occurred in the region that may impact ability to provide services, such as, a factory locating in the area that will increase jobs, the announced closure of an employer that will reduce jobs; declared natural disaster, or, for example, the announcement of construction of a major interstate highway in the area, etc. (1 point). (xxxvii) Applicant has no overdue Audit Certifications Forms or Single Audits or audit resolutions as of October 8, 2010 according to Compliance Unit records (2 points). (xxxviii) Applicant has never received a TxCDBG grant and the application indicates the applicant has currently a property tax and a sales tax (10 points).
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