CC Resolution No. 2062RESOLUTION NO. 2062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING SECTION 2 OF RESOLUTION NO. 1958, ADOPTED
ON THE 11TH DAY OF DECEMBER, 2008, WHICH ADOPTED THE CITY
OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM
GUIDELINES; ADOPTING AMENDED CITY OF BAYTOWN DOWNTOWN
FACADE IMPROVEMENT PROGRAM GUIDELINES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby repeals
Section 2 of Resolution No. 1958, adopted on the 1 I Ih day of December, 2008, adopting the City
of Baytown Downtown Facade Improvement Program Guidelines.
Section 2: That the City Council of the City of Baytown, Texas, hereby adopts the
amended City of Baytown Downtown Facade Improvement Program Guidelines, which are
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmativevq�of the City Council of the
City of Baytown this the 27" day of May, 2010. �/
APPROVED AS TO FORM:
CIORAMIREZ, SR., y At' tomey
W\Karen\Fits\City CounciMV olmions\2UIMay 27FncadeProgramGUWe1inesdoe
Mayor
Exhibit "A"
CITY OF BAYTOWN
DOWNTOWN FACADE IMPROVEMENT PROGRAM
GUIDELINES
1. GOALS AND STATEMENT OF PURPOSE:
The Baytown Downtown Facade Improvement Program (BDFIP) promotes economic
development and stimulates business in the City through public-private partnerships by offering
economic incentives for renovation, restoration and preservation of privately -owned building
exteriors within the Baytown Downtown Business District. Through fagade improvements
implementing the Design Guidelines, the goals of the BDFIP are:
➢ to increase the economic vitality of the Downtown Business District and enhance
the properties located within the Downtown Business District; and
➢ to restore and preserve the character of the Baytown Downtown Business District.
2. DEFINITIONS.
Applicant shall mean all property owners of an Eligible Property or a lessee of an Eligible
Property who provides proof of such status along with proof that all owners of the
Eligible Property have approved the facade plans and the lessee's application for
participation in the BDFIP.
BDFIP shall mean the Baytown Downtown Facade Improvement Program
City shall mean the City of Baytown.
Coordinator shall mean the Director of Planning and Development Services or his/her
designee.
Cost of Construction shall mean the cost associated with the actual construction of the
Facade Improvements approved by the Task Force along with an amount not to exceed
ten percent (10%) of such costs for corresponding professional engineers and registered
architects fees.
Design Guidelines shall mean the Baytown Downtown Area One Design Guidelines,
approved by the City Council of the City of Baytown via Resolution No. 1740 on
September 9, 2005, which are incorporated herein by this reference for all intents and
purposes.
Downtown Business District shall mean Baytown Downtown Area One, which area as
more particularly described on the attached map.
Douwtoti ,n Master Plan shall mean that plan adopted by the City Council via Ordinance
No. 9871 on September 9, 2004, which is incorporated herein by this reference for all
intents and purposes.
Eligible Buildings/Property shall mean those buildings which are within the Downtown
Business District and have frontage on West Texas Avenue.
Facade shall mean the front or side of an Eligible Building facing a public street,
excluding alleys.
Facade Improvements shall include, but not be limited, to the following as the same
relates to a Front Facade or Side Facade:
a. exterior Facade treatment (i.e., cleaning, painting, installation of siding,
brick, stucco, EFIS, etc.) for the building;
b. repair, replacement or installation of exterior doors and door hardware,
windows and trim work located on the exterior;
C. repair, replacement or installation of awnings on the structure. Any
awning containing any temporary or permanent lettering or logo will be
considered a "sign" and will not be eligible for funding. Permanently
installed awnings that merely provide brackets or support for signs are
eligible;
d. exterior brick or tile repair or replacement;
e. exterior brick paving sidewalks or other walkway treatments adjacent to
the building not located within the City right-of-way;
f. structural improvements to Facades; and
g. electrical or lighting improvements made to Facades.
Front Facade shall mean a Facade facing Texas Avenue.
Side Facade shall mean a Facade facing a public street which intersects Texas Avenue.
Task Force shall mean representatives of the Planning and Development Services
Department and the Engineering Department designated by the City Manager, and a local
registered Architect appointed by the City Manager.
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3. PROGRAM ADMINISTRATION:
a. In General. The City shall administer the BDFIP and will execute documents
necessary for project initiation and completion consistent with Chapter 380 of the
Texas Local Government Code.
b. Coordinator. The Coordinator will serve as the contact person for administrative
procedures and processes and program eligibility. The Coordinator will have
direct responsibility for the daily administration of the BDFIP.
C. Task Force. The Task Force shall:
1. review and recommend revisions to these BDFIP Guidelines;
2. review applications, recommend for approval/disapproval, and prioritize
the proposed projects based upon the following:
a) Significance of the project and relative contribution to the
revitalization of the Downtown Development District;
b) Job creation and the magnitude of the Applicant's matching
contributions;
C) Readiness to proceed;
d) Conformity with the City's codes and ordinances as well as the
Downtown Master Plan and Design Guidelines; and
e) Other factors which the Task Force considers relevant;
3. approve plans and specifications of the projects subject to these
guidelines; and
4. accept/reject projects based upon their conformity with the approved plans
and specifications.
d. City Council. The City Council shall hear and decide appeals from decisions of
the Task Force; provided such appeal is made in writing within ten (10) days of
the decision being appealed and is submitted to the City Clerk.
4. PROGRAM DESCRIPTION:
The City, through BDFIP funding, will provide fagade improvement assistance to Applicants for
improvements to Facades of Eligible Buildings as approved by the Task Force. Such Facade
Improvement assistance will be in the form of a five-year forgivable loan, which shall be paid on
a reimbursement basis after completion of the project and acceptance of the same as being in
conformity with the plans and specifications approved by the Task Force. The amount of the
forgivable loan shall not exceed the following:
1. 50% of the Cost of Construction up to $20,000 per Front Facade;
2. 50% of the Cost of Construction up to $10,000 per Side Facade; provided the Side
Facade improvements are made in conjunction with a Front Facade project
approved by the Task Force; and
3. Up to 51,200.00 for the asbestos survey required herein.
PROGRAM ELIGIBILITY REOUIREMENTS:
a. The Eligible Property must be occupied or available for sale or lease.
b. Applicant must be able to start Facade Improvements within thirty (30) days of
entering into an agreement with the City and complete the same within the time
period specified in the agreement which time period shall not exceed one year.
C. Facade improvements along with their plans and specifications must be reviewed
and approved in writing by the Task Force. After the Facade Improvements
together with the plans and specifications have been approved in writing by the
Task Force, no change may be made thereto unless Applicant obtains the Task
Force's prior written approval thereof.
d. All required BDFIP documents must be executed before any renovation work to
be paid for under the BDFIP may begin.
e. Total Cost of Construction must exceed $3,000 to qualify under the BDFIP.
Applicant must demonstrate to the Task Force that the Cost of Construction for
which they have applied will in fact improve the appearance of the Facade in
accordance with the goals and purpose of BDFIP. Grants will not be made to
applications where the proposal does not improve the appearance of the facade as
measured against the goals of the program.
The City shall at no time be responsible to reimburse the Applicant for any
amount which exceeds the BDFIP limits specified in Section 4 hereinabove or
which exceeds the amount to which the Applicant and the City have agreed in
writing prior to the performance of the renovation work. The Applicant shall be
responsible for the Cost of Construction. Any expenditure that exceeds the
approved forgivable loan amount will not be subject to reimbursement.
g. Buildings on Eligible Properties will be evaluated by the City's Building Services
Division to determine the structural stability, roofing conditions and necessity for
interior renovations prior to the Task Force's approval of any Facade
Improvement. All inspections performed by the City are being made only to
determine BDFIP eligibility and shall not be relied on by the Applicant or any
third person. When such inspection reveals that roof or other repairs are
necessary for the stability of the building, the Task Force will deny the
application; however, the Applicant can resubmit the same after the necessary
repairs have been made and are approved by the City's Chief Building Official.
h. All Facade Improvements must be in compliance with all applicable City codes,
the Downtown Master Plan and the Design Guidelines.
i. The BDFIP is administered on a reimbursement basis. Following submission of a
reimbursement request, the City's Chief Building Official will inspect the work.
No funds shall be reimbursed to the Applicant until (i) the City receives a
certificate from the Applicant's architect and/or engineer stating that the work is
completed and conforms to the plans and specifications approved by the Task
Force and (ii) the Chief Building Official inspects the Facade Improvements and
certifies that such are complete and are in compliance with the City's codes,
Design Guidelines and Downtown Master Plan.
6. APPLICATION PROCESS:
a. Applicants may obtain an application and the guidelines from the Coordinator.
The Coordinator will explain the BDFIP and answer any questions regarding the
BDFIP.
b. In the BDFIP application, Applicants must:
designate one person who will be the Applicant's contact person for all
purposes regarding the application;
2. certify that there are no code enforcement actions, tax liens, or judgment
liens against the property;
3. provide tax certificates indicating all ad valorem taxes are current;
4. certify that the Applicant is not indebted in any way to the City;
provide proof of owners' ownership of the Eligible Property, proof of
insurance, and a signed statement from each lienholder of the Eligible
Property verifying that the Applicant is current on all indebtedness that
does or could affect the value or ownership of the Eligible Property;
provide a copy of a termite inspection report, which inspection was
performed within six months of Applicant's submission of the application.
7. provide a copy of an asbestos survey, which was performed within six (6)
months of Applicant's submission of the application;
8. provide proof that all conditions identified in the required asbestos survey
will be appropriately remediated during the construction;
9. provide an inspection report from the City's Building Services Division
indicating that the building is eligible;
10. describe the proposed Facade Improvements and provide plans and
specifications for the same;
It. indicate the proposed commencement date and completion date of the
project;
12. state how the proposed Facade Improvements are consistent with and
furthers the purposes of the City codes, the Design Guidelines, and the
Downtown Master Plan;
13. describe the significance of the project and relative contribution to the
revitalization of the Downtown Development District;
14. list the number of jobs and estimated salaries to be created/retained by the
renovation of the Eligible Property; and
15. provide a cost estimate for the proposed Facade Improvements sealed by a
professional engineer or a registered architect, who is licensed to practice
in Texas.
C. Applications will initially be reviewed for program eligibility and funding by the
Coordinator.
d. The Coordinator shall forward eligible applications together with accompanying
recommendations regarding funding and program priorities to the Task Force.
e. The Task Force will select the Project Improvements to receive reimbursement
under the BDFIP.
f. The Applicant, the owners of the Eligible Property, if different from the
Applicant, and the City shall execute the program agreements.
7. APPLICANT'S RESPONSIBILITIES:
The responsibilities of Applicant listed in this section apply to both the Applicant and the
owners of the Eligible Property if the Applicant is a lessee.
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The Fagcde must be repaired, restored, renovated and/or improved in accordance
with the plans and specifications approved by the Task Force. Work for projects
under the BDFIP must begin and be completed within the time frame agreed upon
in the contract between Applicant and the City.
b. Applicant agrees to maintain the Facade Improvements at a similar or higher
level/quality for a minimum of five (5) years after the completion and acceptance
by the City of the same.
Building exteriors, including the Facade Improvements, must be maintained in
accordance with City building codes.
d. Any sales or leases of the Eligible Property within five (5) years after completion
and acceptance by the City of the Project Improvements will include language
requiring prior approval by the BDFIP of any subsequent alteration to Facades
and be in accordance with the design and review standards of the BDFIP.
e. Buildings renovated under this program must be occupied by or made available
for sale or occupancy at all times during the five-year period after completion and
acceptance of the Project Improvements.
f. All representations which Applicant made in the its application shall be pursued
and obtained within the time period indicated in the application and approved by
the Task Force.
g. If, for any reason, the Facade shall be damaged or destroyed, either in whole or in
part, the Applicant will, without cost to the City, promptly repair or rebuild the
fagade in accordance with the approved architectural fagade design, or such other
Task Force approved plan consistent with the City's codes, Design Guidelines and
Downtown Master Plan. Repair or reconstruction must be commenced within
three (3) months of the date of the damage and completed within the time period
established by the Task Force.
h. Applicant agrees to maintain sufficient insurance coverage for the building on the
Eligible Property throughout the five (5) year period after completion and
acceptance by the City of the Project Improvements and provide updated copies
of certificates evidencing such coverage throughout such period.
8. FACADE IMPROVEMENT LOAN
The Facade Improvement Loan will be secured by a five-year lien on the Eligible
Property subordinate to the mortgage lien.
b. Forgiveness of the Facade Improvement Loan will be pro -rated for five years.
Twenty percent (20%) of the total loan amount will be forgiven at the end of each
year commencing the first year after loan funds are distributed.
C. During the five (5) year loan period, the unforgiven balance of the Facade
Improvement Loan shall become immediately due and payable should the
Applicant, the owners of the Eligible Property, if different from the Applicant, or
subsequent owner or lessee fail to comply with the Applicant's requirements
specified in section 7 hereinabove.
RAKaren\Files\Community Development\Facade Program\DowntowmFacadeProgram5272010C1ean.doe