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CC Resolution No. 1824 95 RESOLUTION NO. 1824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; ADOPTING THE 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 1: That the City Council of the City of Baytown, Texas, hereby adopts the Downtown Facade Improvement Program Guidelines, which are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the affirmative v of the City Council of the City of Baytown this the 14th day of December, 2006. tr. ST HEN H. of the Mayor AA . City Clerk APPROVED AS TO FORM: �P q. 6C ACIO RAMIREZ, SR., UAttorney R Xaren\Files\City Council\Resolutions\2006\December 14\DowntownFacadeImprovementProgram.doc CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM GUIDELINES 1. GOALS AND STATEMENTS OF PURPOSE: The Baytown Downtown Facade Improvement Program is designed to promote local economic development and to stimulate business and commercial activity in the City through public- private partnerships by offering economic incentives for the renovation, restoration and preservation of privately-owned building exteriors within the Baytown Downtown Business District. Through fagade improvements based upon 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 through facade improvements; 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. BDFIP means the Baytown Downtown Facade Improvement Program City means the City of Baytown. Coordinator means the Director of Planning and Development Services or his 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 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 means Baytown Downtown Area One, which area as more particularly described on the attached map. Downtown Master Plan means 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 shall mean those buildings which are within the Downtown Business District and have frontage on West Texas Avenue. EXk11BIT A Page 1 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, EFTS, 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 pubic street which intersects Texas Avenue. Task Force shall mean the Baytown Redevelopment Advisory Task Force. 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; Page 2 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; 4. accept/reject projects based upon their conformity with the approved plans and specifications; and 5. hear and decide appeals from decisions of the Coordinator; provided such appeal is made in writing within ten (10) days of the decision being appealed and is submitted to the City Clerk. 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 property owners for improvements to Facades of Eligible Buildings as approved by the Task Force. Such fagade 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. $1,200.00 for the environmental site assessment required herein. Page 3 5. PROGRAM ELIGIBILITY REQUIREMENTS: a. The Eligible Property must be occupied or available for sale or lease. b. Applicant must be willing to start Fagade 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. Fagade improvements along with their plans and specifications must be reviewed and approved in writing by the Task Force. After the fagade 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 executed before any renovation work may begin. e. Total Cost of Construction must exceed $5,000 to qualify under the BDFIP. f. 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 to 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 Fagade improvement project. 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 Fagade 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 Fagade Improvements and certifies that such are complete and are in compliance with the City's codes, Design Guidelines and Downtown Master Plan. Page 4 6. APPLICATION PROCESS: a. Interested 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: 1. 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; 5. provide proof of 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; 6. provide a copy of a termite inspection report, which inspection was performed within six (6) months of Applicant's submission of the application. 7. provide a copy of a Phase I Environmental Site Assessment and any subsequent phases of an Environmental Site Assessment for the Eligible Property, which was performed within six (6) months of Applicant's submission of the application; 8. provide proof that all conditions identified in the required Environmental Site Assessment that required remediation were appropriately remediated; 9. provide an inspection report from the City's Building Services Division indicating that the building is eligible; 10. describe the proposed Fagade Improvements and provide plans and specifications for the same; 11. 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; Page 5 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 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 and the City shall execute the program agreements. 7. APPLICANT'S RESPONSIBILITIES: a. The Facade 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 a time frame established by the Task force. b. Applicant agrees to maintain the Fagade 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. C. Building exteriors, including the Fa9ade 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. Page 6 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 Faqade 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 a. The Faqade Improvement Loan will be secured by a five-year lien on the Eligible Property subordinate to the mortgage lien. b. Forgiveness of the Fagade 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 Fagade Improvement Loan shall become immediately due and payable should the Applicant or subsequent owner fail to comply with the Applicant's requirements specified in section 7 hereinabove. All requirements established by the City of Baytown regarding this program are subject to review and change when appropriate. Page 7 o Downtown Facade Improvement Program J �as texas q Ke F ti 0 H A � 4 2 Downtown Business District RY I R VB�I