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HomeMy WebLinkAbout18-3685 ord19 ORDINANCE NO. 18-3685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, APPROVING AND ADOPTING THE FINAL PROJECT PLAN AND FINANCING PLAN OF THE TAX INCREMENT REINVESTMENT ZONE #1, HISTORIC DOWNTOWN PLAINVIEW, TEXAS, AS ADOPTED BY THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE #1, HISTORIC DOWNTOWN PLAINVIEW, TEXAS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER AND PROVIDING FOR PUBLICATION. WHEREAS, on May 8, 2018, the City Council of the City of Plainview, Texas adopted Ordinance No. 18-3677 (the "Ordinance"), which created Tax Increment Reinvestment Zone #1, Historic Downtown Plainview, Texas (the "Downtown Zone") and established a Board of Directors for the Zone (the "Board") as authorized in accordance with the Tax Increment Financing Act (the "Act"), Chapter 311 of the Texas Tax Code Ann.; and WHEREAS, in accordance with Section 3.3 of the Ordinance, the Board shall prepare and adopt a final project and financing plan for the Downtown Zone and submit such plan to the City Council of the City of Plainview by or before December 1, 2018; and WHEREAS, in accordance with Section 3.3 of the Ordinance and Texas Tax Code §311.011, the Board prepared and approved on November 12, 2018, a final project and financing plan (the "Final Plan") for the Downtown Zone which is attached hereto and incorporated herein as though set forth fully herein, and believes it to be in the best interest of the City Council of the City of Plainview to adopt the Final Plan; and WHEREAS, incorporated into the Final Plan, the Board approved Downtown Zone project submittal guidelines (the "Zone Guidelines") and a form Downtown Zone fagade/public improvement application (the "Application") for the Downtown Zone and believes it to be in the best interest of the City Council of the City of Plainview to adopt the Zone Guidelines and Application as part of the Final Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: 1. THAT the facts, findings and recitals outlined above are found to be true and correct and incorporated into the body of this ordinance as though set forth fully herein. 2. THAT the City Council finds that the Final Plan as adopted by the Board includes the following, as required by Texas Tax Code § 311.011: (a) A project plan that includes, at a minimum: (i) a description and map showing existing uses and conditions of real property in the zone and proposed uses of that property; TIRZ #1 Project and Financing Plan Ordinance Page 1 of 3 20 (ii) proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable; (iii) a list of estimated nonproject costs; and (iv) a statement of a method of relocating persons to be displaced, if any, as a result of implementing the plan; and (b) A financing plan that includes, at a minimum: (i) a detailed list describing the estimated project costs of the zone, including administrative expenses; (ii) a statement listing the proposed kind, number, and location of all public works or public improvements to be financed by the zone; (iii) a finding that the plan is economically feasible and an economic feasibility study; (iv) the estimated amount of bonded indebtedness to be incurred; (v) the estimated time when related costs or monetary obligations are to be incurred; (vi) a description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit anticipated to contribute tax increment to the zone that levies taxes on real property in the zone; (vii) the current total appraised value of taxable real property in the zone; (viii) the estimated captured appraised value of the zone during each year of its existence; and (ix) the duration of the zone. 3. THAT the City Council hereby approves and adopts in all aspects the Final Plan as recommended by the Board and as attached hereto. 4. THAT the City Council hereby approves the Zone Guidelines and the Application as recommended by the Board and as included in the Final Plan. 5. THAT if any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. TIRZ #I Project and Financing Plan Ordinance Page 2 of 3 21 6. THAT his ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. 7. THAT the City Secretary of the City of Plainview is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed and approved on first reading this 11th day of December, 2018. Passed and approved on second reading this 8th day of January, 2019. Wendell Dunlap, Mayor ATTEST: Belinda Hinojo a, Ci y Secretary TIRZ #1 Project and Financing Plan Ordinance Page 3 of 3 22 TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, HISTORIC DOWNTOWN, CITY OF PLAINVIEW, TEXAS FINAL PROJECT AND FINANCING PLAN (the "Final Plan") December 2018 1. INTRODUCTION. 23 1_1 Authority and Purpose. The City of Plainview, a Texas home -rule municipality (the "City"), has the authority under Chapter 311, Texas Tax Code, as amended (the "Act") to designate a contiguous or noncontiguous geographic area within the corporate limits of the City as a tax increment reinvestment zone to promote development or redevelopment of the area if the governing body of the City (the "City Council") determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future, that the zone is feasible, and that creation of the zone is in the best interest of the City and the property in the zone. The purpose of the Zone is to facilitate such development or redevelopment by financing the costs of public works, public improvements, programs, and other projects benefiting the zone, plus other costs incidental to those expenditures, all of which costs are authorized by the Act. 1_2 Eligibility Requirements. An area is eligible under the Act to be designated as a tax increment reinvestment zone if it is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the City. The City cannot, however, designate a zone if more than 30% of the property in the proposed zone, excluding property that is publicly owned, is "used for residential purposes" (defined by the Act as follows: "... property is used for residential purposes if it is occupied by a house having fewer than five living units ...") or if the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones exceeds 50% of the total appraised value of taxable real property in the City and in industrial districts created by the City. 1_3 The Zone. By City Council action on May 8, 2018, via Ordinance No. 18-3677, the City created a tax increment reinvestment zone known as "Tax Increment Reinvestment Zone Number One, Historic Downtown, City of Plainview, Texas" (the "Zone") that includes approximately 133 acres as described by metes and bounds in Exhibit A and depicted on Exhibit B (the "Property"). The Property is currently zoned Retail, Commercial General Business, Central Business District, Design — Historic, Light Industrial, Heavy Industrial, Multi -Family — 1, Multi - Family — 2, Single Family Residential — 1, and Single Family Residential — 2. The Property meets the eligibility requirements of the Act. The Property has some undeveloped areas and significant underdeveloped areas, and due to its size, location, and physical characteristics, redevelopment will not occur solely through private investment in the foreseeable future. Other portions of the Property substantially impairs and arrests the sound growth of the City as it is predominately unproductive or underdeveloped due to factors such as the aging of public infrastructure and the need for economic incentives to attract redevelopment to the Zone for the purpose of providing long-term economic benefits including, but not limited to, increased real property tax base for all taxing units in the Zone, increased sales and use tax for the City and the State of Texas, and increased job opportunities for residents of the City, the County, and the region. If the public works, public improvements, programs, and other projects are financed as contemplated by the 1 24 Final Plan, the City envisions that the Property will be developed to take full advantage of the opportunity to bring to the City, the County, and to all of the region quality developments. 1_4 Preliminary Plan; Hearing. Before the City adopted Ordinance No. 18-3677 designating the Zone, the City Council prepared a preliminary reinvestment zone financing plan in accordance with the Act and held a public hearing on the creation of the Zone and its benefits to the City and to the Property, at which public hearing interested persons were allowed to speak for and against the creation of the Zone, the boundaries of the Zone, and the concept of tax increment financing, and at which hearing the owners of the Property (the "Owners") were given a reasonable opportunity to protest the inclusion of their property in the Zone. The requirement of the Act for a preliminary reinvestment zone financing plan was satisfied by the preliminary plan dated May 8, 2018 (the "Preliminary Plan'), the purpose of which is to describe, in general terms, the public works, public improvements, programs, and other projects that will be undertaken and financed by the Zone. 1_5 Creation of the Zone. Upon the closing of the above -referenced public hearing, the City Council adopted Ordinance No. 18-1677 in accordance with the Act creating the Zone upon findings by the City Council that (1) development or redevelopment of the Property would not occur solely through private investment in the reasonably foreseeable future, (2) the Zone is feasible, and (3) that improvements in the Zone will significantly enhance the value of all the taxable real property in the Zone and will be of general benefit to the City. Among other provisions required by the Act, Ordinance No. 18-3677 creating the Zone appointed a Board of Directors for the Zone (the "Board"). 1_6 Board Recommendations. After the creation of the Zone, the Board has prepared and adopted, and recommends to the City Council this (1) Final Tax Increment Reinvestment Zone Project and Financing Plan for Tax Increment Reinvestment Zone Number One, Historic District, City of Plainview, Texas (as amended from time to time, the "Final Plan"), pursuant to which the City will contribute a portion of its ad valorem tax increment (the "City Tax Increment") attributable to new development in the Zone into a tax increment fund created by the City and segregated from all other funds of the City (the "TIRZ Fund") to the costs of public works, public improvements, programs, and other projects benefiting the Zone; (2) a "County Participation Agreement" between the City and Hale County, Texas (the "County") pursuant to which the County will contribute a portion of its ad valorem tax increment attributable to new development in the Zone (the "County Tax Increment") into the TIRZ Fund to pay such costs; and (3) a "TIRZ #1 Proiect Submittal Guidelines", attached as Exhibit H, pursuant to which the Board shall have the power to establish and administer economic development programs, including the power to make loans and grants from the TIRZ Fund to the same extent as authorized by Chapter 380 of the Texas Local Government Code. 1_7 Council Action. The City Council, taking into consideration the recommendations of the Board, will consider approval of the Final Plan, the County Participation Agreement, and the TIRZ #1 Project Submittal Guidelines. If the County Participation Agreement is approved, the City Council will authorize and direct its execution when the agreement has been approved by 7 the County. 2. DESCRIPTIONS AND MAPS. 25 2.1 Existing Uses and Conditions. The Property is currently located in the corporate limits of the City and is currently zoned Retail, Commercial General Business, Central Business District, Design — Historic, Light Industrial, Heavy Industrial, Multi -Family — 1, Multi -Family — 2, Single Family Residential —1, and Single Family Residential — 2. The Property is underdeveloped, and there is limited and aging public infrastructure to support future development. Development will require more public infrastructure that: (1) the City cannot provide; and (2) will not be provided solely through private investment in the foreseeable future. A map of the Property and the Zone are shown on Exhibit B. 2_2 Proposed Uses. A map of the Property and description of the proposed uses of the Property are shown on Exhibit C. 2_3 Metes and Bounds Description. A metes and bounds description of the Property is provided on Exhibit A. 3. PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND REGULATIONS. The Property is wholly located in the corporate limits of the City and is subject to the City's zoning regulation. The City has exclusive jurisdiction over the subdivision and platting of the property within the Property, and the design, construction, installation, and inspection of water, sewer, drainage, roadway, and other public infrastructure. 4. RELOCATION OF DISPLACED PERSONS. No persons will be displaced or relocated due to the creation of the Zone or implementation of the Final Plan. 5. ESTIMATED NON -PROJECT COSTS. Non -project costs are private funds that will be spent to develop in the Zone but will not be financed by the Zone. The list of non -project costs includes the Conrad Lofts located at 191 W. 6th Street. The Conrad Lofts include 27 condo units and 49,000 building square feet. The total non -project costs are estimated to be approximately $3,723,579.00. 6. PROPOSED PUBLIC IMPROVEMENTS. 6_1 Categories of Public Improvements. The categories of public works and public improvements (the "Public Improvements") that are proposed to be financed by the Zone are as follows: utilities, including water improvements, sanitary sewer improvements, signalization of intersections, freeway ramps, sidewalk, storm drainage and detention improvements, road improvements, erosion control and landscape and open space improvements, and other public improvements, including associated real estate acquisitions and the clearing and grading of land. All Public Improvements shall be designed and constructed in accordance with all applicable City standards and shall otherwise be inspected, approved, and accepted by the City. At the City's V 26 option, the Public Improvements may be expanded to include any other category of improvements authorized by the Act. 6_2 Locations of Public Improvements. The estimated locations of the proposed Public Improvements are shown and described on Exhibit D. These locations are provided for informational purposes only and may be revised from time to time without amending this Final Plan. 7. ESTIMATED PROJECT COSTS. The total project costs for the Zone (the "Project Costs") include the Administrative Costs (defined below) and the costs of the Public Improvements, which are estimated to be $4,621,188.75 in 2018 dollars, as set forth on Exhibit E. 7_1 Administrative Costs. The Project Costs for administration of the Zone shall be the actual, direct costs paid or incurred by or on behalf of the City to administer the Zone (the "Administrative Costs"). The Administrative Costs include the costs of professional services, including those for planning, engineering, and legal services paid by or on behalf of the City. The Administrative Costs also include organizational costs, the cost of publicizing the creation of the Zone, and the cost of implementing the project plan for the Zone paid by or on behalf of the City. The Administrative Costs shall be paid each year from the TIRZ Fund before any other Project Costs are paid. 8. ESTIMATED TIME WHEN COSTS ARE TO BE INCURRED. The Administrative Costs will be incurred annually. It is estimated that the remainder of the Project Costs will be incurred during the time intervals set forth on Exhibit F. The estimated Project Costs shown on Exhibit F may vary by year and in amount. 9. ECONOMIC FEASIBILITY. For purposes of this Final Plan, economic feasibility has been evaluated over the term of the Zone based on the feasibility study (the "Feasibility Study") prepared by Petty & Associates, Inc., a copy of which is attached as Exhibit G. This evaluation focuses only on "direct" financial benefits (i.e., tax revenues from new development in the Zone) and does not take into consideration the "multiplier effect" that will result from new development that occurs outside the Zone. As illustrated in Exhibit G, during the term of the Zone, new development that occurs in the Zone (which would not have occurred but for the Zone) will generate approximately $2.56 million in total new real property tax revenue over the term of the Zone. The taxing units that will participate in and benefit from new development in the Zone will retain approximately $639,000 as follows: City net additional property tax revenue: $329,000 County net additional property tax revenue: $310,000 These projections assume an annual property value inflation factor of 1.5%, with two years of 0% growth every ten years to simulate a market downturn. 2 27 Based on the foregoing, the feasibility of the Zone has been demonstrated. A portion of the new tax revenue generated for all taxing units by new development within the Zone will be retained by those taxing units. The remainder of the new tax revenue generated by new development within the Zone will be available to pay actual Project Costs until the term of the Zone expires or until the Zone is otherwise terminated as hereinafter provided. Upon expiration or termination of the Zone, 100% of all tax revenue generated within the Zone will be retained by the respective taxing units. During the term of the Zone, the City will deposit into the TIRZ Fund each year an amount that equals 75% of the City's real property taxes levied and collected that constitute the City's Tax Increment for that year ($0.6312 per $100 valuation of the Captured Appraised Value (defined below) levied and collected for that year). During the term of the Zone, the County will deposit into the TIRZ Fund each year an amount that equals 75% of the County's real property taxes levied and collected that constitute the County Tax Increment for that year ($0.5952 per $100 valuation of the Captured Appraised Value (defined below) levied and collected for that year). 10. ESTIMATED BONDED INDEBTEDNESS. No bonded indebtedness issued by the City pursuant to the Act is contemplated. 11. TOTAL APPRAISED VALUE. The current total appraised value of taxable real property in the Zone is $16,216,861. It is estimated that upon expiration of the term of the Zone, the total appraised value of taxable real property in the Zone will be $27,127,028 in 2018 dollars. 12. ESTIMATED CAPTURED APPRAISED VALUE TAXABLE BY THE CITY. The amount of the City Tax Increment for a year is the amount of property taxes levied and collected by the City for that year on the captured appraised value of the Property which is the total taxable value of all real property taxable by the City in the Zone (the "Captured Appraised Value"), less the Tax Increment Base (hereinafter defined) of the Property. The Tax Increment Base of the Property is the total taxable value of all real property in the Zone for the year in which the Zone was designated (the "Tax Increment Base"). The Tax Increment Base of the Property is $16,216,861, which amount was determined by the Hale County Appraisal District (the "Appraisal District") in which the Zone is located in accordance with Section 311.012(c) of the Act. The estimated Captured Appraised Value of the Zone during each year of its existence is set forth in the Feasibility Study and is verified by the Appraisal District. The actual Captured Appraised Value for each year will be used to calculate annual payments by the City into the TIRZ Fund pursuant to the Final Plan. 13. ESTIMATED CAPTURED APPRAISED VALUE TAXABLE BY THE COUNTY. The amount of the County Tax Increment for a year is the amount of property taxes levied and collected by the County for that year on the Captured Appraised Value, less the Tax Increment Base. The estimated Captured Appraised Value of the Zone during each year of its existence is set forth in the Feasibility Study and is verified by the Appraisal District. The actual Captured Appraised Value for each year will be used to calculate annual payments by the County into the TIRZ Fund pursuant to the County Participation Agreement. .7 W• 14. METHOD OF FINANCING. The City will, in the future, pay (using the TIRZ Fund) the Project Costs and will construct or cause to be constructed the Public Improvements. The City's approval of the Final Plan, County Participation Agreement, Hospital District Participation Agreement, and College District Participation Agreement shall obligate the City to pay from the TIRZ Fund all actual Project Costs, which shall be reviewed and approved by the City, for Project Costs. Funds deposited into the TIRZ Fund shall always first be applied to pay the Administrative Costs. After the Administrative Costs have been paid, funds in the TIRZ Fund shall next be used to pay or reimburse the Project Costs. All payments of Project Costs shall be made solely from the TIRZ Fund and from no other funds of the City, County, Hospital District, or College District, unless otherwise approved by their respective governing bodies, and the TIRZ Fund shall only be used to pay the Project Costs. The Final Plan shall obligate the City to deposit into the TIRZ Fund each year for the duration of the Zone an amount equal to 75% of the City's real property taxes levied and collected that constitute the City Tax Increment for that year ($0.6312 per $100 valuation of the Captured Appraised Value levied and collected for that year). The County Participation Agreement shall obligate the County to deposit into the TIRZ Fund each year for the duration of the Zone an amount equal to 75% of the County's real property taxes levied and collected that constitute the County Tax Increment for that year ($0.5952 per $100 valuation of the Captured Appraised Value levied and collected for that year). All payments of Project Costs shall be made solely from the TIRZ Fund and from no other funds of the City unless otherwise approved by the City Council. 15. DURATION OF THE ZONE; TERMINATION. The term of the Zone shall commence immediately upon passage by the City Council of an ordinance creating the Zone and shall continue until December 31, 2048. If upon expiration of the stated term of the Zone the Project Costs have not been paid, the City, nor the County shall have any obligation to pay the shortfall. The provisions of this section shall be included in the ordinance that creates the Zone, and in the County Participation Agreement. Nothing in this section is intended to prevent the City from extending the term of the Zone in accordance with the Act. 16. ECONOMIC DEVELOPMENT PROGRAMS. The City Council and the Board have determined it to be necessary and convenient to the accomplishment of the objectives contained in and in the implementation of the Final Plan to establish and provide for the administration of economic development programs that may be used to incentive retail development. The programs and grants authorized by this Section 16 are authorized by Section 311.010(h) of the Act and by Article III, Section 52-a, Texas Constitution, as amended. Section 311.010(h) of the Act provides that the Board, subject to the approval of the City Council, may establish and provide for the administration of one or more programs as the Board determines is necessary or convenient to implement and achieve the purposes of the Final Plan, which programs are for the public purposes of developing and diversifying the economy of the Zone and developing business and commercial activity within the Zone. Such economic development programs may include, to the extent permitted by law, programs to make grants of any lawfully available money from the TIRZ Fund. Such programs are for activities that benefit the Zone and stimulate business and commercial activity in the Zone. This Section 16 is intended to be an economic development program authorized by Section 311.010(h) and by Article III, Section 52-a of the Texas 11 C. Constitution, as amended. Development of the Zone will further the public purpose of developing and diversifying the economy of the Zone. The City Council and the Board have determined, and it is recognized, that such development will not occur through private investment in the foreseeable future, nor will such development occur only through public participation in the cost of the Public Improvements. All grants that are part of the economic development programs described in this Section 16 serve the public purpose of attracting new business and commercial activity to the Zone for the purpose of providing long-term economic benefits including, but not limited to, increases in the real property tax base for all taxing units within the Zone, and increased job opportunities for residents of the City, the County, and the region, all of which benefit the Zone and the City. 17. LIST OF EXHIBITS. Unless otherwise stated, all references to "Exhibits" contained in this Final Plan shall mean and refer to the following exhibits, all of which are attached to and made a part of this Final Plan for all purposes. Exhibit A Metes and Bounds Description of the Zone Exhibit B Map of Zone and Property Exhibit C Proposed Uses of the Property Exhibit D Public Improvements Exhibit E Estimated Project Costs Exhibit F Estimated Time When Costs are to be Incurred Exhibit G Feasibility Study Exhibit H TIRZ #1 Project Submittal Guidelines [Remainder of page intentionally left blank] 29 30 Exhibit A — Metes and Bounds Description of the Zone Beginning at the northwest corner of Lot 16, Block 51, Original Town of Plainview Subdivision. Then west across Denver Street 75 feet to a point being the west right-of-way line of Denver Street and the same being a point on the east lot line of Lot 2, Haynes Subdivision Unit No. 1, Then north along the west right-of-way line of Denver Street to a point being the northeast corner of a 40 -foot by 140 -foot strip of land immediately north of Lot 1, Block 65, Alexander and Westmoreland Addition, Then northwesterly across Tenth Street to a point being the southeast corner of Lot 1, Block 2, Highland Addition, Then north along the west right-of-way line of Denver Street to a point being the southeast corner of Lot 5, Block 27, Highland Addition, Then east along the north right-of-way line of Eleventh Street a point being the southeast corner of Lot 5, Block 28, Highland Addition, Then northeasterly across Columbia Street to a point being the southwest corner of Block 5, Central Park Addition, Then east along the north right-of-way line of Eleventh Street to a point being the northwest intersecting corner of Eleventh Street and Date Street right-of-way lines, Then east across Date Street 90 feet to a point being on the east right-of-way line of Date Street, Then south along the east right-of-way line of Date Street to the northwest corner of Lot 27, Block 4, Railroad Plainview Addition, Then east along the north lot line of Lot 27, Block 4, Railroad Plainview Addition to a point being the northeast corner of just mentioned lot, Then south along the east lot line of Lot 27, Block 4, Railroad Plainview Addition to a point being the southeast corner of the just mentioned lot, Then east across a 20 -foot alley to a point being the northwest corner of Lot 7, Block 4, Railroad Plainview Addition, Then east along the north lot line of Lot 7, Block 4, Railroad Addition to a point being the northeast corner of the just mentioned lot, Then east across Elm Street 60 feet to a point being the northwest corner of Lot 26, Block 5, Railroad Plainview Addition, 8 31 Then east along the north lot line of Lot 26, Block 5, Railroad Plainview Addition to a point being the northeast corner of the just mentioned lot, Then southeasterly along the east lot line of Lot 26, Block 5, Railroad Plainview Addition to a point being the southeast corner of the just mentioned lot and continuing in a southeasterly direction along the northeastern most lot line of Lot 25, Block 5, Railroad Plainview Addition to a point being the northeastern most corner of the just mentioned lot, Then south along the east lot line of Lot 25, Block 5, Railroad Plainview Addition to a point being the southeast corner of the just mentioned lot, Then east across a 20 -foot alley to a point being the northwest corner of Lot 7, Block 5, Railroad Plainview Addition, Then southeasterly along the east lot line of Lots 7 and 8, Block 5, Railroad Addition to a point being the southeast corner of the just mentioned Lot 8 and continuing in a southeasterly direction along the northeastern most lot line of Lot 9, Block 5, Railroad Plainview Addition to a point being the northeastern most corner of the just mentioned lot, Then southeasterly across Fir Street 60 feet to a point being the northwestern corner of Lot 20, Block 11, Railroad Plainview Addition, Then south along the east right-of-way line of Fir Street to a point being the southwest corner of Lot 17, Block 11, Railroad Plainview Addition, Then south across Tenth Street 60 feet to a point being the northwest most corner of an unplatted tract of land being described as 115 -foot by 144 -foot tract in MA Lowe Survey (Hale County Appraisal Property ID 21870), Then west along the south right-of-way of Tenth Street to a point being the northwest corner of Lot 16, Block A, L.A. Knight Addition, Then south along the east right-of-way of Date Street to a point being the northwest corner of Lot 16, B Block 58, Original Town of Plainview, Then west along the south right-of-way line of Fourth Street to a point being the northwest corner of Lot 16, Block 51, Original Town of Plainview Subdivision and the same being the POINT OF BEGINNING. 32 ffr r k Md O nwd9 m N 1RvbH O � C� m 0 � � CL IL W > U iL DEO uqa.•, 4 33 a 6 �6u�6 F in n 1 91 it O OVOO r MA Exhibit C — Proposed Uses of the Property 12 u M C `-q L ]L 3 z RR raw [b1•J m m a i .� E Y E a� R* Fl - �Llm 3 CL) 5 37 ��91 9 0 LO It ON ON m ioci. 0 � 0 LO � q c 2 � q 3 g CU rA /� . � §w § Co ■ 3 § . a �Vo �t!CU 0 0 \ ,It co 0 � � a � O E - c » � Ln 2 � CD %D 42p� _ R ¥ w Hol � � V) CL k k k § d c a : [ S ■ � 7 [ § t � > (cm o _ X! /gym o 64 cu 4-J� " c � •§ a) § / § 2 bn 2 K § In2 V)2 w o/§a C u Q a u § u t § a. ) _ CU k 0§ k k A ' m CU cu 2 U m O c u u Q Q w Ln a c 0 � 0 LO � q c 2 � q 3 g CU rA /� . � §w § Co ■ 3 § . a �Vo �t!CU 0 0 \ ,It co 0 � � a � O E - c » � Ln 2 � CD %D 42p� _ R ¥ w Hol d H 00 M r� 1* m N O ' lD m" O cl u O m LD ao m m m m d O a` 4 41 41 c c c c m m m m � C7 C7 C7 l7 a v v v v a v -D -o uuuu m m m m U- L.L U- U- L rn O -4 N cn M ri N N N N 4 0 0 0 0 0 N N N N N 00 U pp� paR,'Pot ���j�I�D A Qm�gpop �3 O ff �M g m w q rl N .~i rl N rl % N K� ei f rl N K N e 3�00r,- alp "Nl'�D.c�t�'y''leeeoaaao�S�"�"t'^� �9Ra�na5iSi5iu"iSi31f�`3�I:k'k'f:R'6��d' a�"Bi88�i$ u3 H H N w N N N N N N N N O M M fa11 w M u X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X nnnnnnnnn�nnni.�i.�i.�:�:i.�:�i.�n:��.ni.�nn u s a �UlLqLnLn�l61UlLnUlLlLqhLnhLlLqUlLnLnhLlhwLlhinLlhL� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u F Ln F N M Y 1 n A N ;$ N � 10 �O � n Cm0 00 Omf O1 svT U �$ aaa��a o°a~�n�� X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Y a X10.. 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The Ordinance appointed a seven- memberTlRZ Board of Directors (the "TIRZ Board") to administer TIRZ in compliance with Chapter 311 of the Texas Tax Code and in accordance with these TIRZ Project Submittal Guidelines. Tax increments collected in the TIRZ are the increase of property tax revenues over and above a base value established in the base year prior to designation of the TIRZ boundary by the City Council. The purpose of the TIRZ is to facilitate development or redevelopment of the historic downtown Plainview area as defined in the Ordinance. This is done through the use of the tax increment funds generated by the TIRZ and used for public improvements and to assist private initiatives in the TIRZ. These improvements enhance the value of real property located within the TI RZ. The TIRZ Board shall have the power to establish and administer economic development programs, including the power to make loans and grants from the TIRZ collected tax increment to the same extent as authorized by Chapter 380 of the Texas Local Government Code. Should such loans or grants occur, their intent must fulfill the public purposes of developing and diversifying the economy, eliminating unemployment/underemployment, and in developing or expanding transportation, business and commercial activity in the TIRZ. TIRZ funds may be used to assist with the following types of improvements: • The installation of public works and public improvements; • utilities, water and sewer facilities, flood and drainage facilities; • railroad or transit facilities; • streets and streetlights; • affordable housing; • the remediation of conditions that contaminate public or private land or buildings; • the preservation of the facade of a private or public building; • the demolition of a public or private building; • professional service costs incurred for architectural, planning, and engineering services; or • public projects— including the cost of buildings, schools or other educational facilities owned by or on behalf of a school district, community college district or other political subdivision of the state. City of Plainview 1901 Broadway St. 1 Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 1 M1 Exhibit H —TIRZ #1 Project Submittal Guidelines Please be aware that an improvement that may be eligible per State law may not be provided TIRZ funds per discretion of the TIRZ Board, and/or City Council. All submittals will be reviewed according to the premise that "But For" the TIRZ assistance: • Economic development would not occur solely from private investment in the reasonably foreseeable future. • Proposed project property values and/or sales tax revenues would likely decline or remain stagnant. • Contemplated public improvements would not be funded as quickly or under the same conditions as with the TIRZ assistance. The following questions are provided to help potential applicants determine project eligibility: Does the project: 1. Benefit the general public? 2. Create a positive economic impact in the TIRZ? 3. Increase property value? 4. Create jobs? 5. Revitalize vacant land or structures? 6. Have other sources of support? Is the project consistent with: 1. TIRZ Project and Finance Plan? 2. The City of Plainview's Comprehensive Land Use Plan? 3. The Goals and Objectives of the Main Street Program? Examples: • A developer may pay the cost of approved public improvements associated with a private development and be reimbursed over time from the increment associated with the development of the TIRZ. • Public improvements may be paid for directly with increment funds approved by the TIRZ Board to encourage further development in the TIRZ. • Public improvements may be funded by the sale of bonds that will be repaid over time out of tax increments. • TIRZ funds may be used to reimburse private or public investment in the zone as new increment is collected. Potential applicants are encouraged to contact the City of Plainview Economic Development Staff and arrange a meeting [(806) 296-1107] to ascertain whether the public improvements City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 Exhibit H —TIRZ #1 Project Submittal Guidelines associated with the proposed project may be eligible for TIRZ funding. TIRZ funding requests will be presented to the TIRZ Board with a recommendation from City staff. After the TIRZ Board votes on the item it will go to the City Council for consideration. Two City Council meetings are required to approve (or disapprove) the funding of a project. All contractor(s) doing the work on the project must secure appropriate permits, insurance and bonding before any work is done. All completed work must be certified in compliance with applicable City codes and construction standards prior to any TIRZ funds being reimbursed. Improving downtown facades, sidewalks and streetscapes within the TIRZ boundary is a high priority of the TIRZ Board and the City Council. Applicants desiring to improve private building facades and the adjacent sidewalks and/or streetscapes shall submit an application, attached hereto as Appendix A, for matching TIRZ fund assistance via a Section 380 Grant in accordance with the following guidelines. The purpose of the Downtown Facade Improvement Grant Program is to utilize an annual portion of available TIRZ funds to provide matching grant funding to existing business and/or property owners to encourage renovation, restoration, preservation, and rehabilitation of the exterior of buildings in the TIRZ. Each year, during the annual City budget preparation process, the TIRZ Board may designate a portion of the annual TIRZ increment to be used directly for Facade Improvement Grants. This Program aims to improve the aesthetics within the Zone, as attractive building facades will positively impact the marketability and perception of the area. The Program consists of a one -dollar to one -dollar match of up to $10,000.00 for approved improvements. Reimbursement grants will be awarded for facade improvements that restore, preserve, rehabilitate, enhance or beautify a structure in accordance with program requirements and all applicable City Codes. Removal and replacement of inappropriate or incompatible exterior finishes or materials and restoration of distinctive architectural details of existing buildings are priority projects for funding. Projects that do not incorporate these elements will not be considered. Eligible improvements include: • Signs (new, repairs, replacement, removal) • Grate and grate box removal or conversion of solid grates to an open mesh style • Awnings • Lighting • Paint • Removal/replacement of inappropriate or incompatible exterior finishes or materials • Recessing/reconfiguring entrances • Removal of extraneous elements • Door/window replacement or repair City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 �J 45 e Exhibit H — TIRZ #1 Project Submittal Guidelines • Exterior cleaning • Historical architectural elements Design and permit fees associated with the renovation are considered eligible project costs. The Program will be administered by the City's Economic Development Department. An application, attached hereto as Appendix A, is to be submitted with a description of the work to be completed. Applications will be reviewed by a Review Committee consisting of staff from relevant City Departments and the TIRZ Board. Applicants are encouraged to promote historic preservation, energy efficiency, and accessibility standards in designing improvements, to the extent that they are financially feasible or required by law. All improvements must conform to applicable city building codes, zoning ordinances, local, state, and federal laws and to the design guidelines adopted for the area and approved by City staff and the TIRZ Board. Facade improvements to properties within TIRZ must be completed in accordance with Historic District Guidelines and Applicants must obtain any requisite certifications or other approvals of the City's Administrative Review Process. PAINT AND COLOR PALLET GUIDELINES An appropriate color scheme on a building facade accentuates its architectural details and enhances the character of the historic elements of the facade. The details of exterior walls, window and door openings, trim, scale and texture of exterior materials can be enhanced or obscured by appropriate and inappropriate paint colors selected for a building. To this end, Facade Improvement applications shall include colors that are appropriate to the style, period and type of building; colors selected shall contribute to restoring the historic character of the building by reflecting the historical age, period and style of a building, accentuating architectural features of the design and representing the current owner's taste, and contribute to the overall positive appearance of the downtown facade. Original stone or masonry surfaces should be maintained and not be painted, unless severe deterioration of the brick or stone can be shown to require painting and other consolidation or stabilization methods cannot be shown to be appropriate. If masonry was previously painted, it is often not appropriate or possible to remove paint, appropriate repainting can be considered. Brick color should be selected from the historic architectural style of the buildings found in downtown Plainview and specifically the Downtown Historic District. Selection and location of paint colors based on research of historic finishes is encouraged. Paint colors should be complementary to each other and used to accentuate a building's significant features. Paint colors should pull together all building elements, including the cornice, upper facade, windows, storefront, and doors. Storefront colors were traditionally chosen in a contrasting shade lighter or darker than the primary building color. If more than 10% of the painted storefront requires City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 4 Exhibit H —TIRZ #1 Project Submittal Guidelines painting, then building colors should be selected from an appropriate color palette. Limit trim paints to three compatible shades chosen from the appropriate color palette. Commercial buildings typically had their body color defined by the material the building was constructed of (i.e. brick) while a trim color was utilized for defining windows, doors and other architectural elements. Body and trim colors should not be similar in hue or tone intensity (i.e. 2 shades of colors that are closely related like green and red or 2 dark or light shades of color that are similar in darkness or lightness). A third color, commonly called an accent color, was quite often utilized to highlight a particular feature of a building facade. Additional considerations for Color Palettes: The following paint manufacturer's preservation color palettes for Historic Landmarks and buildings within Historic Districts have been approved in Texas communities and are provided as examples not requirements: • Sherwin Williams - Preservation Palette • Pittsburgh Paints - Historic Paints • Do It Best Paints - American Historical Restoration Colors (Exteriors only) • Valspar - American Tradition Historic Colors (Lights only/Light Features) Funding is limited, and grant awards will be limited to annually appropriated available funds. Applicants will be prioritized on a first-come, first -serve basis. A commitment letter allocating the project funds for a particular approved project will be issued and a commitment period established so that if funds are not used within that period, program funds can be reallocated for other eligible projects. A completed application form, attached hereto as Appendix A and available at The City Manager's Office and the Main Street Program office, with the following information is to be submitted for consideration: • Property address • Applicant and Property owner name(s), address(es) and signature(s) • Proof of ownership or if tenant, copy of lease or other property agreement and written consent of Property owner to complete the proposed improvements • Verification that property taxes on the property are paid and current • Project Scope description, to include a detailed elevation plan • Conceptual or actual building permit plans for the work to be completed • Hard copy and digital photograph of existing building facade • Project budget (detailed estimated costs by materials, labor, services and fees) City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 5 Exhibit H — TIRZ #1 Project Submittal Guidelines Incomplete applications will not be processed and will be returned to the Applicant without consideration. The Review Committee for the Program will review and approve applications and select grant award recipients. The Review Committee will be comprised of appointees named by the City Manager and/or his or her designee and shall be representative of the City's building permitting and development review staff. The Main Street Program Director will be responsible for processing applications and for facilitating the Review Committee process. Specifically, the office of the Main Street Program Director will conduct an initial review of the submitted application to determine whether the application is complete and will meet with Applicants as necessary. Applicants may be invited to present their applications before the Review Committee. The Review Committee will evaluate applications based on the following Review Criteria and Funding Priorities: • Preference is given to commercial buildings with operating businesses. • Substantial visible improvement to the appearance of the building, as determined by the Review Committee. • Projects that do not restore architectural details of facades with significant architectural elements will not be considered. Projects must maintain or restore architectural details of facades, especially those with historically significant architectural elements. Applicants will be notified in writing as to whether his/her application has been rejected or Approved by the Review Committee. Upon approval, the Applicant must enter into a Section 380 reimbursement agreement with the City regarding the terms and conditions of his/her participation in the Program and receipt of the reimbursement grant, to include the following: 1. Project scope, and property location and attachment(s) identifying the specific improvements to be undertaken; 2. Maximum amount of the allowed reimbursement grant; 3. Work commencement date; 4. Submission of building permit(s) and other applicable permits or approvals; 5. Acknowledgment of the reimbursement claim procedure and requisite supporting documentation for reimbursement processing to the City's Financial Services Department (W-9 and vendor forms required); 6. Monitoring and right of final inspection by City personnel as designated by the City Manager; 7. Acknowledgment of change order procedures; 8. Compliance with applicable local, state, and federal laws; 9. Promotional Rights to the City; City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 Exhibit H —TIRZ #1 Project Submittal Guidelines 10. Maintenance Requirements and Repayment Penalty for Removal of Improvements within two years; and 11. The City's standard contract terms and provisions (e.g., liability, indemnification, termination, and insurance requirements). Following execution of the reimbursement agreement and the City's receipt of copies of any required building permits or approvals, the City will issue a "Notice to Proceed with Improvements" that outlines the approved work. The project must begin within 45 consecutive calendar days from the date of the Notice and must be completed within 180 consecutive calendar days, except where the Review Committee has granted in writing the Applicant's written request for an extension stating a reasonable cause for the delay. Applicant may only employ licensed and bonded contractors and subcontractors approved by the City to perform the proposed improvement work. As appropriate, The Main Street Program staff and/or City Personnel authorized by the City Manager will monitor the construction process. The Review Committee must approve in writing any change orders to the proposed improvement work. Requests for reimbursement must be accompanied by a completed Reimbursement Form including a W-9 and a Vendor Form and will only be processed after the rehabilitation/improvement work is completed and approved following a final field inspection by The Main Street Program staff and/or personnel authorized by the City Manager in order to verify compliance with the project scope. Further, reimbursement under the Program means that no payment will be issued until the Applicant has paid for the improvement work in full. Reimbursement claims must be accompanied by the following supporting documents: proof of payments (e.g., cancelled checks, paid invoices/receipts of eligible expenses), statements from architects, contractors and/or subcontractors acknowledging that all payments have been received, notarized final lien waivers from all contractors and/or subcontractors, if applicable, proof of final government inspections and a hard copy and digital "after" photograph of the facade improvements. Applicant must complete, sign and submit a request for reimbursement in order for disbursement of funds per the City's Financial Services Department guidelines. Required reimbursement forms will be issued along with the commitment letter notifying the applicant of the award. A photocopy of the front and back of all cancelled checks must be submitted for reimbursement along with an invoice marked "paid." All invoices must clearly indicate the work that was performed, the amount of the invoice as well as the corresponding check number(s). All payments are subject to the review and approval of the Main Street Program Director and the City Manager and/or his or her designee. Please allow eight weeks for receipt of the reimbursement check. City of Plainview 1901 Broadway St. 1 Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 7 50 Exhibit H —TIRZ #1 Project Submittal Guidelines By accepting grant funds, the Applicant commits to properly maintain all facade improvements, clean and free of graffiti for a minimum of 3 years at the Applicant's own cost and expense. Any damage to the facade is to be repaired immediately by the Applicant so that the property remains in good condition and positively contributes to the Zone. Applicant will be strongly encouraged to touch up painted areas and perform any other repairs needed on an ongoing basis and to maintain building appearance including the cleaning of any awnings at least once a year. PROMOTIONAL RIGHTS By accepting grant funds, Applicant authorizes the City to promote the project and property including, but not limited to, displaying a sign at the site during and after construction indicating participation in the Program, and using photographs and descriptions of the project and property in the City's printed promotional materials, press releases, and websites. PUBLIC IMPROVEMENT GRANTS (NON -FACADE) Non -facade improvements which are eligible for TIRZ funding consideration and included in the TIRZ Project and Finance Plan shall comply with the following guidelines. Eligibility • Project located within the TIRZ boundaries as described in the Ordinance. • Project meets the purpose of this Program and assistance is necessary to stimulate private investment to add further value to the project above current minimum zoning requirements. Application and Approval Process: • An application for incentives must be submitted to the Main Street Program director by the land owner/developer. The application should include a detailed description of the project, including renderings or drawings of the proposed project, and a project budget including sources of funds and a project timetable. • Project review of each application is required by staff and the TIRZ Board including appropriate comments and recommendations for changes prior to submission to the City Council. • All applications will be reviewed by the City Manager and/or his or her designee. Applicants may be interviewed by City staff and/or the TIRZ Board and any modifications to the application will be made prior to forwarding the application to the full City Council with a recommendation for approval or denial. • City Council will review the recommendation of City Staff and the TIRZ Board and vote to either approve or deny the application. • Incentives will not be granted until a successful binding incentive agreement is entered into between the City and the owner/ developer. City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 8 51 Exhibit H —TIRZ #1 Project Submittal Guidelines The remainder of this page is intentionally left blank. City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 52 Appendix A — Facade/Public Improvement Application FACADE/PUBLIC IMPROVEMENT APPLICATIONPLAINVI EW TX TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, HISTORIC DISTRICT, CITY OF PLAINVIEW, TEXAS 0explorethe opportunities Submit one copy of this form to: City Manager or his/her designee 901 Broadway Street Plainview, Texas 79072 Date: APPLICANT INFORMATION Applicant Name: Contact Name: Title: Address: Day Phone: Evening/Cell Phone: Fax: Email: Name and Address of Owner of Building if applicant is leasee): (check the box(s) that apply) ❑ New Structure (undeveloped) ❑ New Structure (Demo of Existing) ❑ Renovation/Historic Rehab ❑ Conversion PROPOSED OCCUPANCY (select one) ❑ Owner Occupied ❑ Rental (select all that apply) ❑ Re -Zoning ❑ Re -Platting ❑ Infrastructure Connections Current Property Value: Proposed Investment: Purchase Price: City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296.1100 1 Fax: (806) 296-1125 53 Appendix A — Facade/Public Improvement Application 1. Applicant is: ❑ Owner ❑ Lessee ❑ Corporation a. Term of lease and expiration date: 2. Has Applicant ever received City of Plainview TIRZ funds? a. ❑ Yes ❑ No b. If yes, list project name and completion date: ❑ Partnership 3. Name of building: 4. Physical Address of building: 5. Date of original construction of building: 6. Describe the historical significance of the building (attach additional sheets if necessary): 7. Describe the impact of the project on the Downtown area below (attach additional sheets if needed): 8. Current use of building: 9. Anticipated use of building after restoration (if different from current use): 10. Amount of funds requested from TIRZ #1: 11. How will the difference between total project cost and TIRZ funding be financed? 12. Projected time for completion of project? a. Projected Start Date: b. Projected Completion Date: 13. Have you applied for and/or received any of the following for the building? ❑ National Register of Historic Places designation ❑ Texas Historic Landmark designation ❑ Other historic designation, please list: 14. Has an application for any of the above designations been denied? ❑ Yes ❑ No 15. Does the building or land currently have any tax exemptions or abatements? 2 City of Plainview 1901 Broadway St. I Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 54 Appendix A — Facade/Public Improvement Application ❑ Yes ❑ No If yes, what type? Granted by what agency? Duration of exemption and/or abatement: 16. Are any delinquent taxes (City, County, School District, sales, etc.) owed by the applicant or the owner? ❑ Yes ❑ No If yes, please explain: 17. Are there any liens on the property? ❑ Yes ❑ No If yes, please explain: 18. Names of Professional Consultants and Phone Numbers Name Phone Number Architect: _ Engineer: Landscape Architect: Attorney: Others: 19. Amount (Percentage) of MWDBE participation in entire Project: REQUIRED ATTACHEDMENTS TO APPLICATION ❑ Detailed description of the proposed restoration/preservation project as well as copies of plans and specifications, photographs and renderings of the finished project. ❑ Itemized list of how the funds will be allocated throughout the project. ❑ Completed pro forma. ❑ Documents reflecting the total rehabilitation costs. ❑ Copies of current financial statements of applicant (and owner, if applicant is lessee). ❑ Proof of any of the following for the building: National Register of Historic Places designation, Texas Historic Landmark designation, or other historic designation. ❑ The Applicant will maintain insurance coverage during the term of an Agreement which is described in the Development Agreement citing Section 380 grant funding. Attach all required insurance to the application. City of Plainview 1901 Broadway St. 1 Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 3 55 Appendix A — Facade/Public Improvement Application INSURANCE - The Applicant will maintain insurance coverage during the term of an Agreement which is described in the Development Agreement citing Section 380 grant funding. OPEN RECORDS LAWS - This applicant is subject to the Texas Open Records Act. The City will protect the confidentiality of the information contained herein to the extent permitted by law. CERTIFICATION I hereby certify that I am authorized to sign the incentive application and the information contained in the application is true and correct to the best of my knowledge. I also understand and certify that I have read the policy guidelines for each policy in which I am applying for and am familiar with the provisions contained therein. I hereby warrant that all construction will be accordance with the City of Plainview Building Codes; work will not commence on items eligible for reimbursement until this application has been submitted to and an agreement approved by the Board of Directors of the Zone. To the best of my knowledge, no member of the Board or employee of the City of Plainview would have any financial interest, direct or indirect, in any assistance provided for this project. Signature of Applicant Date City Manager or his/her designee Date Received 4 City of Plainview 1901 Broadway St. 1 Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125 55 Appendix A — Facade/Public Improvement Application INSURANCE - The Applicant will maintain insurance coverage during the term of an Agreement which is described in the Development Agreement citing Section 380 grant funding. OPEN RECORDS LAWS - This applicant is subject to the Texas Open Records Act. The City will protect the confidentiality of the information contained herein to the extent permitted by law. CERTIFICATION I hereby certify that I am authorized to sign the incentive application and the information contained in the application is true and correct to the best of my knowledge. I also understand and certify that I have read the policy guidelines for each policy in which I am applying for and am familiar with the provisions contained therein. I hereby warrant that all construction will be accordance with the City of Plainview Building Codes; work will not commence on items eligible for reimbursement until this application has been submitted to and an agreement approved by the Board of Directors of the Zone. To the best of my knowledge, no member of the Board or employee of the City of Plainview would have any financial interest, direct or indirect, in any assistance provided for this project. Signature of Applicant Date City Manager or his/her designee Date Received 4 City of Plainview 1901 Broadway St. 1 Plainview, TX 79072 Telephone: (806) 296-1100 1 Fax: (806) 296-1125