Ordinance No. 12,963ORDINANCE NO. 12, 963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING THE TEXAS AVENUE BUSINESS ASSISTANCE PROGRAM FUND
FOR CERTAIN BUSINESSES ON TEXAS AVENUE THAT HAVE BEEN DIRECTLY
IMPACTED BY THE CONSTRUCTION OF THE TEXAS AVENUE STREETSCAPE
PROJECT -- PHASE H AND ADOPTING GUIDELINES FOR THE ADMINISTRATION
THEREOF; AUTHORIZING THE EXPENDITURES IN AN AMOUNT NOT TO EXCEED
FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) TO ELIGIBLE
BUSINESSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby establishes the Texas
Avenue Business Assistance Program Fund for certain businesses on Texas Avenue that have been directly
impacted by the construction of the Texas Avenue Streetscape Project -- Phase II and adopts guidelines for the
administration of the fund, which guidelines are attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to eligible
businesses based upon the guidelines adopted in Section 1 hereof in an amount not to exceed FIVE
THOUSAND AND N01100 DOLLARS ($5,000.00); provided, however, the total amount to be expended from
the Texas Avenue Business Assistance Fund shall at no time exceed FIFTEEN THOUSAND AND NO.1100
DOLLARS ($15,000.00).
Section 3: This ordinance shall take effect immediately from
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote
Baytown this the 10`I' day of September, 2015. ,
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APPROVED AS TO FORM:
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its passage by the City
City Council of the City of
DONCARLOS, Mayor
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Exhibit "A"
Texas Avenue Business Assistance Fund
Administrative Guidelines
I. Introduction
To mitigate the impact on small businesses of loss of revenue during the Texas Avenue Streetscape
Project - Phase II, the City of Baytown (the "City ") has developed a Business Assistance Fund
(`BAF "). The Business Assistance Fund offers financial help to cover fixed operating expenses.
H. General Provisions
A. Definitions. The following words, terms and phrases, when used in these guidelines,
shall have the meanings ascribed to them in this article, except where the context clearly
indicates a different meaning:
1. BAF means the business assistance fund established by the City Council for the
Project.
2. Commercial Property Owner means the owner who rents or leases a site -built
commercial space for retail or office use within the Project Limits and having its
primary means of public access off Texas Avenue.
3. Disqualifying use means the use of property as an adult commercial
establishment, a junk yard, an automotive wrecking and/or salvage yard, a stock
yard, animal raising facility (other than a veterinarian clinic or hospital, provided
such facility has no provision for keeping animals outdoors overnight), or a
carnival or amusement park.
4. Project means the Texas Avenue Streetscape Project — Phase II.
5. Project Limits means and includes only those properties on Texas Avenue
between the corner Gaillard Street to the intersection of Asbel Street facing the
construction of the Project.
6. Commercial Tenant means a person or entity that engages in a commercial activity
from a site -built commercial space for retail or office use within the project
Limits and having its primary means of public access off Texas Avenue.
B. Eligibility. To be eligible to seek assistance from the Texas Avenue Business
Assistance Fund, a person or entity must:
1. be:
a. a Commercial Property Owner or a Commercial Tenant;
b. continuously operating within the Project Limits since the
commencement of the Project's construction and commit to continue
such ongoing operations until February 1, 2016;
adversely affected by the Project's construction;
BAF Guidelines, Page 1
d. solvent; and
e. in good standing with all local, state and federal governments and
agencies; and
2. not be:
a. in arrears in ad valorem taxes or sales and use taxes;
b. be engaged in teaching, instructing, counseling or indoctrinating religion
or religious beliefs;
C. generate over 50% of their revenue from products or services of a sexual
nature;
d. a national retailer or outlet unless operated by a single owner under a
franchise agreement; and
e. currently engaging or have engaged in a disqualifying use within the five
(5) year period immediately preceding the date of the application.
IIl. Application/Award Process
A. Application. Application for financial assistance from the BAF shall be submitted to the
Director of Finance in writing on a form designated by the City. Properly completed
applications will be accepted only from September 11, 2015, through October 31, 2015.
Incomplete applications or applications received after October 31, 2015, will be rejected.
The application shall include information evidencing that the Commercial Property
Owner or Commercial Tenant making the application meets the eligibility requirements
detailed in Article II hereinabove, and shall include, but not be limited to, the following:
1. the name, address, telephone number and email address of the Commercial
Property Owner or Commercial Tenant;
a. If the Commercial Property Owner or Commercial Tenant is a
partnership, then the name, title, business name, business address, and
business phone number shall be given on all partners and persons having
an interest in the business;
b. If the Commercial Property Owner or Commercial Tenant is a
corporation, the name and location of its principal place of business, as
well as the name, telephone number and address shall be given on all the
officers and directors of the organization;
2. the address where the Commercial Property Owner or Commercial Tenant
operates within the Project Limits;
3. a description of the retail or office use within the Project Limits and the length of
time such use has been operating from within the Project Limits;
BAF Guidelines, Page 2
4. a statement concerning the negative effects of the Project's construction on the
operation of the business;
a statement averring that the Commercial Property Owner or Commercial Tenant
is in good standing with all local, state and federal governments and agencies;
6. evidence that the Commercial Property Owner or Commercial Tenant is not in
arrears in the payment of any ad valorem taxes or sales and use taxes;
7. a statement that the Commercial Property Owner or Commercial Tenant is not
and will not at the site within the Project Limits:
a. engage in teaching, instructing, counseling or indoctrinating religion or
religious beliefs;
b. generate over 50% of their revenue from products or services of a sexual
nature;
C. engaging in a disqualifying use within the five (5) year period
immediately preceding the date of the application; and
8. an agreement, in a form provided by the City, in which the Commercial Property
Owner or Commercial Tenant will be required to continue its current allowable
use within the Project Limits until February 1, 2016, or refund any funds
received under the Texas Avenue Business Assistance Fund to the City.
A Commercial Property Owner may not apply for assistance from the BAF if its tenant is
also in or applying for the Program.
B. The City will review the application and notify Commercial Property Owner or
Commercial Tenant of its eligibility status, which is contingent on fulfilling all
requirements of the application process. If all requirements have been satisfied, the City
shall provide BAF assistance in the amount of FIVE THOUSAND AND NO /100
DOLLARS ($5,000.00); provided the City has adequate funding available to provide
such BAF assistance. Nothing contained herein shall obligate the City to provide BAF
assistance in excess of the amount allocated by the City Council. All allocations will be
made based upon the submission dates of completed applications.
C. The City reserves the right to deny or rescind a BAF award at any time if (i) the BAF
assistance was provided by the City in error, (ii) the BAF assistance was provided by the
City based upon false information submitted in the application process, or (iii) the
Commercial Property Owner or Commercial Tenant ceases operations within the Project
Limits before February 1, 2016. Additionally, the City reserves the right to rescind this
BAF program at any time at the sole discretion of its City Council.
BAF Guidelines, Page 3
IV. Appellate Process
A. Reconsideration. A Commercial Property Owner or Commercial Tenant denied BAF
assistance may request the City to reconsider its denial. Such a request must be in
writing on a form provided by the City and must include an explanation of why the
denial should be reconsidered along with any supporting documentation. Requests must
be sent within ten (10) days after receipt of the denial by a Commercial Property Owner
or Commercial Tenant to:
City of Baytown
Attn: City Clerk
2401 Market Street
Baytown, Texas 77520
B. Appeal of Reconsideration. If a Commercial Property Owner or Commercial Tenant is
denied BAF assistance again after timely requesting reconsideration of the matter in
accordance with this article, such owner or tenant may appeal such decision to the City
Manager by filing an appeal in writing on a form provided by the City and including
therewith a detailed statement of the reasons the BAF assistance should be granted
along with all supporting documentation. An appeal will only be considered if it is filed
with the City Clerk within ten (10) days after receipt of the City's decision on
reconsideration. The decision of the City Manager is final.
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BAF Guidelines, Page 4