11-14-20-Resolution-Adopting a Property Enhancement Policy-02/01/2021RESOLUTION NO. 11-14-20
A RESOLUTION OF THE CITY OF SANGER, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PROPERTY ENHANCEMENT INCENTIVES POLICY TO ENCOURAGE
DEVELOPMENT, RETENTION OR EXPANSION OF BUSINESS ENTERPRISES IN THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Texas Development Corporation Act of 1979 (the Act), now codified in Title 12,
Subtitle C1, of the Texas Local Government Code, authorizes communities to collect Type A and / or Type B
economic development sales and use taxes; and
WHEREAS, the residents of the City of Sanger, Texas (City), on May 2, 1998 passed an election
approving the collection of sales and use tax for the benefit of the Sanger Texas Development Corporation, a
Type B Corporation; and
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes municipalities to establish
and provide for the administration of programs that promote economic development and stimulate business
and commercial activity in the City; and
WHEREAS, the City desires to implement a matching grant program to encourage development,
retention, or expansion of business enterprises in the City; and
WHEREAS, the City desires to improve the physical appearance of businesses and visibly enhance
the City's commercial corridors; and
WHEREAS, the City desires to increase the marketability and occupancy rate of commercial buildings
hindered by an outdated appearance; and
WHEREAS, the City desires to provide incentives in areas and to businesses most likely to stimulate
similar enhancements by other private entities; and
WHEREAS, the Sanger Texas Development Corporation on November 24, 2020 considered and
recommended the City Council approve this Property Enhancement Incentives Policy (Policy); and
WHEREAS, upon full review and consideration of this Policy and all matters attendant and related
thereto, the City Council is of the opinion that this Policy will assist in implementing a program whereby
economic development will be promoted and business and commercial activity will be stimulated in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT:
SECTION 1.
The City Council finds that the terms of the Policy will encourage development, retention, or
expansion of business enterprises in the City and otherwise meet the criteria of Section 380.001 of the Texas
Local Government Code,
I:�X�i[d►/►�1
The City Council hereby adopts a Property Enhancement Incentives Policy, attached hereto as Exhibit
"A", wherebythe City ofSanger, Texas may participate financially in commercial property enhancements via
matching grants, and take other specified actions, in accordance with the terms outlined in the Policy.
SECTION 3.
The terms and conditions of the Policy, having been reviewed by the City Council of the City of
Sanger and found to be acceptable and in the best interest of the City and its citizens and businesses, are
hereby approved.
Sanger, Texas -Property Enhancement Incentives Policy -Resolution 11-14-20 -APPROVED: 2021-02-01 -Page 1 of 3
Page 49
SECTION 4.
This Resolution shall become effective from and after its passage.
PASSED AND APPROVED this the 1st day of February, 2021.
Thomas Muir, Mayor
ATTEST:
m City Secretary
Sanger, Texas -Property Enhancement Incentives Policy -Resolution 11-14-20 -APPROVED: 2021-02-01 -Page 2 of 3
Page 50
EXHIBIT A
Property Enhancement Incentives Policy
Sanger, Texas -Property Enhancement Incentives Policy -Resolution 11-14-20 -APPROVED: 2021-02-01 -Page 3 of 3
Page 51
Sanger, Texas
Property Enhancement Incentives Policy
WHEREAS, the City Council of the City of Sanger, Texas (Council) desires to implement a matching grant
program to encourage the development, retention, or expansion of business enterprises in the City; and
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes municipalities to establish and
provide for the administration of programs that promote economic development and stimulate business and
commercial activity in the City; and
WHEREAS, the Sanger Texas Development Corporation on November 24, 2020 considered and
recommended the City Council approve this Property Enhancement Incentives Policy (Policy); and
WHEREAS, the City Council on February 01, 2021 considered and approved Resolution 11-14-
20 approving the Policy.
BE IT KNOWN THAT, the terms and conditions of the Policy, having been reviewed by the Council and
found to be acceptable and in the best interest of the City and its citizens and businesses, are hereby
approved.
Section 1.
Introduction & Goals
This program is a matching grant program that reimburses commercial property owners or business
operators for Eligible Enhancements made to the Property. The goals of this Policy are to:
1.1. Enhance the commercial viability and sustainability of commercial properties in the City;
1.2. Improve the physical appearance of businesses and visibly enhance the City's commercial corridors;
1.3. Increase the marketability and occupancy rate of commercial buildings hindered by an outdated
appearance;
1.4. Increase the safety of a commercial area and stimulate more public interaction; and
1.5. Provide incentives in areas and to businesses most likely to stimulate similar enhancements by other
private entities.
Section 2.
Definitions
The following definitions shall apply to the terms used in this Policy:
Agreement: A written performance agreement between the Board and the Applicant.
Applicant: Shall mean the Property owner or business occupant signing the Application for a Property
Enhancement Grant.
Application: Shall mean the Application for Property Enhancement Incentives as maintained by Staff.
Board: Shall mean the Board of Directors of the Sanger Texas Development Corporation of the City (STDC).
Cam: The City of Sanger, Texas.
City Council: The City Council of the City.
Code Violations: Shall be any violation of the City's code of ordinances.
Construction Costs: The cost of permits, fees, construction materials, and installation labor. All other
associated costs are deemed excluded, including, but not exclusively, the following costs: design,
construction document preparation, bidding, sweat equity and construction financing.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 1 of 9
Page 52
Eligible Enhancements: Shall mean the Enhancements identified as eligible in Section 4 herein.
Enhancements: Shall be as defined in Section 4 herein.
Facade: Shall mean the exterior of a building.
Notice to Proceed: A written notice authorizing the Applicant to begin construction as approved.
Policy: Shall mean this Property Enhancements Incentives Policy (PEIP).
Property: Shall mean the physical lot and / or building to which Enhancements are being made.
Property Enhancement Grant: Shall mean the financial support to make designated Property Enhancements
as approved, and sometimes referred to as "Grant."
Staff: Shall mean the City Manager or their designee.
Section 3.
Eligibility
The following Properties and Businesses are eligible to receive Grants.
3.1. Properties: Only properties meeting the following requirements at the time an Application is
submitted shall be eligible to receive Grants as outlined by this Policy:
3.1.1. Within the City: Property must be located within the City's municipal boundaries.
3.1.2. Non -Residentially Zoned: Property must be zoned for uses other than residential uses and the
current use of the Property may not be residential.
3.1.3. Tax -Paying Entity: The Property must be subject to the City's Ad Valorem property tax.
3.1.4. Financial Standing: Property shall be in good standing as it relates to taxes or any monies due
to the City or the STDC.
3.1.5. City Liens: Property shall be in good standing as it relates to any liens held by the City.
3.1.6. Ownership: Property owners must provide sufficient proof of ownership.
3.1.7. Code Violations: Property must not have any outstanding code violations.
3.1.8. Frequency: Property must not have received a Grant for the same category of Enhancement
(e.g. Facade, Landscaping) in a twelve (12) month period.
3.2. Businesses: Only businesses meeting the following requirements shall be eligible to receive benefits
outlined by this Policy:
3.2.1. Financial Standing: The business shall be in good standing as it relates to taxes or any monies
due to the City.
3.2.2. Tax -Paying Entity: The business must be atax-paying entity.
3.2.3. Operations in City: The business must have maintained continuous operations in the City for
a minimum of six (6) months.
3.2.4. Property Owner Approval: Businesses, if not the owner of the property to be occupied, must
provide a copy of their lease agreement and support of the Application from the Property
owner prior to approval of the Application.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 2 of 9
Page 53
Section 4.
Enhancements
4.1. Aspirations: As with any policy or regulation, it is difficult to precisely regulate factors that are not
easily defined. With that in mind, the following are to be considered aspirations for contemplated
Enhancements:
• Enhancements should be compatible with the character and architecture of the individual
building and those in proximity;
• Where appropriate, Enhancements may act as a catalyst to create a unique environment;
• Enhancements should make the Property more inviting to the public; and
• Enhancements should be functional as well as visually appealing.
4.2. General Enhancement Eligibility: Property Enhancements shall be deemed as eligible or ineligible for
the benefits of this Policy as defined below. In general, the following Enhancements, though not
exclusively, are ineligible for all Grants:
• Any Enhancement that does not comply with existing ordinances of the City;
• Any Enhancements made prior to the Notice to Proceed;
• Sweat equity or "in -kind" services;
• New construction which is not specifically listed in this Policy as an Eligible Enhancement;
• Any Enhancements to eliminate Code Violations of a Property or Business;
• Fees for designing, engineering, surveying, legal services, financing, etc.; or
• Any Enhancements not identified as eligible below. A potential applicant may discuss an
enhancement not identified below with City staff to ascertain whether or not the enhancement
meets the Purpose and Intent of this Policy. If so, an amendment to this Policy may be placed
before the Board to make a recommendation to the City Council who shall determine the merits
of including a new eligible enhancement.
4.3. FaGade Enhancements: The following are Eligible Enhancements except as noted otherwise:
4.3.1. FaGade Materials: Replacing deteriorated or unsafe fagade materials with brick, stone, tile,
wood, or siding meeting the City's masonry requirements or architectural standards, if any.
Removal of "slip" coverings of prior fagade materials and re-establishment of historic fagade
details. Repointing of mortared joints, replacement or repair of damaged masonry.
4.3.2. Cleaning: Pressure washing or sand blasting existing facades, cleaning of tiles.
4.3.3. Painting: Scraping, priming and otherwise preparing the surface and painting.
4.3.4. Window /Doors: Replacement of or improvements to existing windows or doors that are
visible from a public street. New windows and doors matching replaced windows or doors.
Replacement of broken glass panes.
4.3.5. Awnings / Canopies: Replacement of or improvements to existing awnings or canopies. New
awnings or canopies.
4.3.6. Historical Restoration: Restoration of architectural details of historic significance and / or
removal of elements covering such details.
4.3.7. Roof Repair: Replacement or repair of all or portions of the roof.
4.3.8. Gutters and Downspouts: Replacement or repair of existing gutters and / or downspouts.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 3 of 9
Page 54
4.3.9. Ineligible: Though not an all-inclusive list, the following are specifically not eligible: burglar
bars, painting a new building.
4.4. Interior Renovation: The following are Eligible Enhancements except as noted otherwise:
4.4.1. Renovations: Renovations that enhance the commercial usability of the building.
4.4.2. Ineligible: Though not an all-inclusive list, the following are specifically not eligible: painting,
wallpaper, aesthetic treatments, and lighting.
4.5. Landscaping: The following are Eligible Enhancements except as noted otherwise:
4.5.1. Edging: Providing a perimeter to shrub beds with materials deemed to be of a long life, e.g.
brick, stone, concrete, steel.
4.5.2. Shrubs and Trees: Shrubs and / or trees of a variety that are sustainable in the area when
combined with removal of existing shrubs and / or trees that are either overgrown or of poor
quality.
4.5.3. Seasonal Color: Providing one-time planting of annual or perennial flowers in critical areas
adequate to provide an appealing impact.
4.5.4. Irrigation: Automatic irrigation system complying with all code requirements. Irrigation may
be required with any other Landscaping Grant.
4.5.5. Lawn Renovation: Removal or re-establishment of an existing lawn with a desirable type of
lawn. (An automatic irrigation system is required with this Enhancement.)
4.5.6. Fencing: Replacement of fencing or installation of new fencing that is visually appealing.
4.5.7. Ineligible: Though not an all-inclusive list, the following are specifically not eligible: landscape
pruning, mowing and / or maintenance.
4.6. Lighting: The following are Eligible Enhancements:
4.6.1. Pedestrian: Increases in lighting in pedestrian areas on or adjacent to the Property, e.g.
sidewalks, parking lots.
4.6.2. Accents: Lighting that accentuates features of the building or Property creating a pleasant
ambience on the Property.
4.6.3. Signage: Lighting that illuminates signage identifying the business.
4.7. Parking / Driveways: The following are Eligible Enhancements except as noted otherwise:
4.7.1. Reconstruction: Removal of existing pavement, gravel, curbing, drives, accessibility ramps,
etc. and replacement with reconstruction meeting City requirements.
4.7.2. Resurfacing: Re -topping asphalt parking areas.
4.7.3. Restriping: Repainting of parking stall stripes and / or fire lane graphics meeting the City's
requirements.
4.7.4. Ineligible: Though not an all-inclusive list, the following are specifically not eligible:
Installation, repair or replacement of any surface that is not an all-weather hard surface as
required by the City's code of ordinances.
4.8. Pedestrian Amenities: The following are Eligible Enhancements:
4.8.1. Paving: Paving of a unique nature in areas that allow customers to congregate.
4.8.2. Seating Areas: Provisions for seating in areas where customers may congregate before, during
or after supporting the business.
Sanger, Texas
Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 4 of 9
Page 55
4.8.3. Shade: Provisions for shading pedestrian areas to include permanent or temporary canopies,
awnings, umbrellas or similar shade structures.
4.8.4. Music: Provisions for permanent installation of fixtures to accommodate providing music in
areas where customers congregate.
4.8.5. Trash Receptacles: Trash receptacles establishing or matching a design theme utilized
throughout the pedestrian areas.
4.8.6. Plat/ Equipment: Recreational equipment intended for the entertainment of children when
placed on private property in close proximity to the primary building.
4.9. Signage: The following are Eligible Enhancements. The replacement of signs that do not conform to
current City requirements is a priority for the City.
4.9.1. Replacing Signs: Replacing existing signs, with new signage that complies with all City
requirements.
4.9.2. New Signs: New signs for existing or new businesses.
4.10. Utilities: The following are Eligible Enhancements:
4.10.1. Franchise Utilities: The upgrading or installation of new franchise utilities (e.g. electric, phone,
Internet) that increase the commercial capacity or functionality of a building.
4.10.2. Public Utilities: The upgrading or installation of new public utilities (e.g. water, sanitary sewer,
gas) that increase the commercial capacity or functionality of a building.
4.10.3. Private Utilities: The upgrading or installation of new private utilities (e.g. septic systems) that
increase the commercial capacity or functionality of a building.
4.10.4. Placement Underground: The placement of existing or new utilities underground.
4.11. Code Compliance: The following are Eligible Enhancements:
4.11.1. Public Accessibility: Reconstruction or new construction to comply with public accessibility
requirements.
4.11.2. Fire Suppression Systems: Replacement, upgrade, or installation of fire suppression systems
in compliance with current codes.
4.12. Demolition: The costs of demolishing and removing existing structures on a Property may be
considered for Property Enhancements.
4.13, Participation Limitations: The potential matching Grant for each type of Enhancement would be the
lesser of the Maximum Percentage or Maximum Per Enhancement Category Amount, The Applicant
is responsible for the remaining costs of the Enhancement and must complete the full Enhancement
to be eligible for the matching Grant.
4.13.1. Maximum Percentage: A Maximum Percentage of fifty percent (50%) shall be the maximum
percentage of the total cost of any Enhancement that the City will grant the Applicant.
4.13.2. Maximum Per Enhancement Category: A Maximum Amount of five thousand dollars ($5,000)
is the maximum dollar amount to be granted for any category of Enhancement other than
Signage which shall have a Maximum Amount of one thousand dollars ($1,000).
4.13.3. Accumulative Maximum Grant: Notwithstanding the Maximum Percentage and Maximum Per
Enhancement Category limitations for each type of Enhancement, no Property or Business may
receive more than five thousand dollars ($5,000) in matching Grants during one 12-month
period. The following examples are provided to clarify different application scenarios:
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED 2021-02-01 - Page 5 of 9
Page 56
A. Example 1: Applicant desires to do $24,000 in eligible Landscape Enhancements. By
Policy, the maximum Grant allowed by the Max Percentage (50%) would be $12,000, but
the maximum Grant allowed by the Max Per Category would be $5,000. The lesser of the
two is $5,000 which would be the maximum matching Grant for the $24,000 landscaping
project. Further, within a 12-month period the Applicant cannot receive additional grants
for any Enhancements (per Section 4.13.3).
B. Example 2: Applicant desires to do $8,000 in eligible Landscape Enhancements. By Policy,
the maximum Grant allowed by the Max Percentage (50%) would be $4,000, and the
maximum Grant allowed by the Max Per Category would be $5,000. The lesser of the two
is $4,000 which would be the maximum matching Grant for the $8,000 landscaping
project. Further, within a twelve-month period the Applicant cannot receive more grants
for Landscape Enhancements (per Section 3.1.8), but may apply and receive a second
matching Grant, not to exceed $1,000 ($5,000 max - $4,000 Grant) for any Enhancement
category other than Landscaping.
Section 5.
Grant Priorities
The City has determined that the following are priorities for the benefits of this Policy. The evaluation of the
merits of any Application shall take into consideration whether or not the Application also meets these
priorities.
5.1. Preferred Areas: The following areas of the City are areas of priority for implementation of this Policy:
5.1.1. Downtown Sanger; and
5.1.2. Areas where greatest benefit may be obtained.
5.2. Preferred Businesses: The following types of businesses are a priority for implementation of this Policy:
5.2.1. Retail;
5.2.2. Restaurants;
5.2.3. Professional Office; and
5.2.4. Any sales -tax generating business.
Section 6.
Administrative Procedures
Following are the Administrative Procedures regarding the Application for and approval of Property
Enhancement Grants:
6.1. Pre -Submittal: All Applicants are encouraged to meet with Staff prior to preparation of an Application.
Applicants should contact the following to set up a meeting.
Executive Director
Department of Economic Development
Address: 201 Bolivar Street, Sanger, TX 76266
PH: (940) 458-2059
EM: sbradshaw@sangertexas.org
6.2. Application: The submittal of an Application is required prior to any evaluation of the request for
Property Enhancement Grants. The Application shall be on a form prepared by Staff and available on
the City's website or at the location noted in 6.1.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED 2021-02-01 - Page 6 of 9
Page 57
6.2.1. Required Information: The following shall be included with the Application:
A. Proof of ownership of the Property;
B. Photographs of the existing Property;
C. Drawings, renderings, plans of the proposed Enhancements;
D. Written description of the Enhancements including building materials and color schemes
to be used;
E. Construction Cost estimates from at least two (2) different contractors; and
F. If Applicant is not the Property owner:
i. Written approval of the Application from the owner; and
ii. Copy of the signed lease agreement.
6.2.2. Amendments: Staff may amend the form of the Application as needed to more efficiently
evaluate the merits of requested Enhancements.
6.3. Review & Evaluation: Following are criteria to review and evaluate the Application:
6.3.1. Review Criteria:
A. Completeness of Application: Completeness of the Application; including all required
attachments.
B. Grant Priorities: Whether the Application includes a targeted business classification or
whether it is located in a targeted improvement area as defined in Section 5.
C. Impact: An estimation of the impact that the Enhancements might have, particularly as a
catalyst for continued private investment.
D. Non -funded Improvements: Are the improvements associated with the Grant part of a
larger effort to enhance the Property.
E. Elimination of a Non -Conformity: Do the Enhancements eliminate a legal non -conforming
aspect of the Property.
6.3.2. Staff Evaluation and Recommendation: The coordinating Staff member shall convene a team
of the appropriate persons to evaluate the Application. Upon review, such team shall prepare
a recommendation to forward to the Board.
A. Site Visit: Prior to formal evaluation of the Application, the Applicant shall allow Staff the
opportunity to visit the Property to verify its status prior to any Enhancements.
6.4. Approval: The Board shall make the final decision regarding the merits of the Application and the
appropriate Property Enhancement Grant to be given, if any, if funds are available as pre -approved by
the Council for the funding period. If approval of the Application requires funds not pre -approved by
the Council, the board will prepare a recommendation to forward to the Council for final approval.
Upon approval of a matching Grant, the Board shall enter into an Agreement with the Applicant on a
form acceptable to the City Attorney. The Agreement, at a minimum, must contain the following:
6.4.1. Enhancements: List the specifications of the proposed Enhancements on the Property.
6.4.2. Access: Provide the City and Staff access to the Property to ensure that the Enhancements or
repairs are made according to the specifications and conditions in the Agreement.
6.4.3. Grant: Provide for the procedures of the matching Grant payment.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 7 of 9
Page 58
6.4.4. Recapture Provisions: Provide for the repayment of a Grant if the Applicant or the condition
of the Property do not fulfill all obligations required under the Agreement. The City may take
any remedy necessary to recover the funds, including filing a lien on the Property.
6.5. Pre -Construction Meeting: If the matching Grant is approved as noted above, and if deemed necessary
by Staff, the Applicant must attend a pre -construction meeting with Staff to coordinate any required
permits, execute Grant documents, and resolve any questions either party might have.
6.6. Notice to Proceed: Upon approval as noted above, Staff shall prepare and issue a written Notice to
Proceed authorizing the Applicant to begin work on the Enhancements. The Notice to Proceed shall in
no event be regarded as the issuance or approval of a building permit or any other construction
permits.
6.6.1. Required: All Grant documents, including the Agreement with the Board, must be executed
and all required permits must be received prior to issuance of the Notice to Proceed.
6.6.2. Beginning of Work: All work must begin within sixty (60) days of the issuance of the Notice to
Proceed.
6.6.3. Completion of Work: All work for approved projects must be complete within ninety (90) days
of the Notice to Proceed unless an Applicant's written request for extension is granted in
writing by the Board.
6.7. Construction: All construction shall be in accordance with all requirements for permitting and
inspection required by the City.
6.8. Verification: Upon completion and approval of the work by the City, Staff shall verify that the work
has been performed as authorized in the approval action.
6.8.1. Documentation: The Applicant shall provide Staff with documentation necessary to determine
the Construction Costs of the Enhancements as approved, e.g. copies of paid contractor
invoices, receipts or processed checks. Construction Costs not supported by adequate
documentation shall not be eligible for reimbursement.
6.9. Payment: Upon verification of compliance with the approval action, Staff shall cause a check to be
issued to the Applicant in the approved amount.
6.9.1. Cost Overruns: Any costs above and beyond the amounts approved shall be the responsibility
of the Applicant.
Section 7.
Applicant /Owner Certifications
The Application shall include the following certifications which shall be affirmed by the Applicant / Owner by
signing the Application.
7.1. Application Accuracy: The information provided in the Application, and all that may have been affixed
thereto, is true and correct, and that the City may rely on all of the information therein contained, and
all that may have been affixed thereto, as being true and correct.
7.2. Compliance: I (we) certify that I am (we are) solely responsible for all safety conditions and compliance
with all safety regulations, building codes, ordinance and other applicable regulations. Neither
approval of an Application nor payment of a Property Enhancement Grant upon completion of the
project shall constitute approval of the project by any City department, Board Member or Staff or a
waiver by the City of any safety regulation, building code, ordinance or other applicable regulation.
7.3. Insurance: I (we) certify that I (we) maintain sufficient insurance coverage for property damage and
personal injury liability relating to the project.
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 8 of 9
Page 59
7.14 Maintenance: I (we) certify that the Enhancements, once approved by the City shall be maintained for
a period of three (3) years from the date of payment. No changes shall be made without prior written
approval from the Board.
7.5. Discretionary Rights: I (we) certify that I (we) acknowledge that the Board has the absolute right of
discretion in deciding whether or not to approve a matching Grant relative to the Application, whether
or not such discretion is deemed arbitrary or without basis in fact, including the right to approve or
disapprove a Grant on terms and conditions that are contrary to the guidelines of this Policy.
7.6. Policy Promotion: I (we) authorize the Board to use an approved project to promote the merits of this
Policy, including but not limited to displaying a sign at the Property or Business during and within thirty
(30) days after construction, and using photographs and descriptions of the project in distribution
material, press releases, social media and on the City's website.
7.7. Indemnification: I (we) certify that I am (we are) solely responsible for overseeing the work, and will
not seek to hold the City, the Board, and / or their agents, employees, officers, and / or directors liable
for any property damage, personal injury, or other loss related in any way to this Policy, and by
submission of an Application, agree to indemnify the City, the Board and / or their agents, employees,
officers, and / or directors from any claims or damages resulting from the project, including reasonable
attorney fees.
Section 8.
General Provisions
8.1. Termination: The City and / or the Board has the right to terminate any agreement under this Policy
for any reason.
8.2. Changes During Construction: If an Applicant seeks to change the scope of their project after a Grant
has been approved, the Applicant shall meet with Staff to discuss the desired change. Staff has the
authorization to approve minor modifications during construction. Any other desired modification
shall be placed before the approving body for reconsideration.
8.3. Flexibility: The terms and conditions of this Policy are a guideline for the Board and / or City Council
during their deliberation and evaluation. The Board and / or City Council reserves the right to modify
the terms and conditions herein at any time, including for any pending application, and may approve
a Grant on terms and conditions contrary to the guidelines set forth in this Policy.
8.4. Section or Other Headings: Section or other headings contained in this Policy are for reference
purposes only and shall not affect in any way the meaning or interpretation of this Policy.
8.5. Severability: In the event that any provision of this Policy is determined to be illegal, invalid, or
unenforceable, then, and in that event, it is the intention that the remainder of this Policy shall not be
affected thereby.
--The remainder of this page purposefully left blank. --
Sanger, Texas - Property Enhancement Incentives Policy - APPROVED: 2021-02-01 - Page 9 of 9
Page 60
Sanger, Texas
Application for Property Enhancement Incentives
Contact: Shani Bradshaw, Executive Director - (940) 458-2059 - sbradshaw(a)sangertexas.org
1
PROJECT INFORMATION
A
Property Address:
B
Estimated Begin Work Date:
Estimated Completion
Date:
C
Years in business at this location:
D
Reason for requesting grant:
2
ELIGIBILITY OF PROPERTY
Yes
No
Item
Notes
A
Within the City?
•
B
Commercially zoned?
•
C
Tax Paying entity?
•
D
City taxes in good standing?
•
E
No City liens existing?
•
F
Proof of ownership provided?
•
G
Outstanding code violations?
•
H
Frequency of Grants OK?
•
In accordance with Section 3.1.8
3
ELIGIBILITY OF BUSINESS
Yes
No
Item
Notes
A
Business taxes in good standing?
•
B
Tax Paying entity?
•
C
Continuous operations of 6 months?
•
(within the
City)
D
If not owner, authorization provided?
•
4
Enhancements
Total Cost
Policy
Max %
Policy
Max $
Amount
Requested
Amount
Approved
A
Facade: (Section 4.3)
$
50 %
$5,000
$
$
B
Interior Renovation: (Section 4.4)
$
50 %
$5,000
$
$
C
Landscaping: (Section 4.5)
$
50 %
$5,000
$
$
D
Lighting: (Section 4.6)
$
50 %
$5,000
$
$
E
Parking / Driveways: (Section 4.7)
$
50 %
$5,000
$
$
F
Pedestrian Amenities: (Section 4.8)
•
$
50 %
$5,000
$
$
G
Signage: (Section 4.9)
$
50 %
$1,000
$
$
H
Utilities: (Section 4.10)
$
50 %
$5,000
$
$
I
Code Compliance: (Section 4.11)
$
50 %
$5,000
$
$
J
Demolition: (Section 4.12)
$
50 %
$5,000
$
$
K
(Max. Grant Per Policy = $5,000) TOTAL PROPERTY
ENHANCEMENT GRANT APPROVED:
L I
Describe any planned Non -Grant Enhancements:
Sanger, Texas - Application for Property Enhancement Incentives - 2021-02-01 - Page 1 of 3
Page 61
5
GRANT PRIORITIES (Section 5.0)
Yes
No
Preferred Area?
Notes
A
Downtown Sanger
•
B
Areas where greatest benefit obtained
•
Yes
No
Preferred Business?
Notes
C
Retail
•
D
Restaurant
•
E
Professional Office
•
F
Sales tax generating business
•
6
ATTACHMENTS / EXHIBITS
Yes
No
Item
Notes
A
Ownership documentation
•
B
Photos of existing conditions
•
C
Drawing, renderings, plans of the
proposed enhancements
•
D
Written description of the
enhancements including building
materials and color schemes
•
E
Construction cost estimates from two
contractors
•
F
Copy of the signed lease agreement
• If Applicant
is not property owner
G
Written support of the grant
application from the owner
• If Applicant
is not property owner
7
CONTRACTOR INFORMATION
A
Contractor for:
Company Name:
Contact Person:
Title:
Address:
Wk Phone:
Cell:
Fax:
Email:
Website:
B
Contractor for:
Company Name:
Contact Person:
Title:
Address:
Wk Phone:
Cell:
Fax:
Email:
Website:
C
Contractor for:
Company Name:
Contact Person:
Title:
Address:
Wk Phone:
Cell:
Fax:
Email:
Website:
D
Contractor for:
Company Name:
Contact Person:
Title:
Address:
Wk Phone:
Cell:
Fax:
Email:
Website:
Sanger, Texas - Application for Property Enhancement Incentives - 2021-02-01 - Page 2 of 3
Page 62
Applicant / Owner Certifications: In accordance with Resolution 11-14-20 adopting the Property
8
Enhancement Incentives Policy, the undersigned do hereby certify the following:
A
Section 7.1- Application Accuracy: The information provided in the Application, and all that may have
been affixed thereto, is true and correct, and that the City / Board may rely on all of the information therein
contained, and all that may have been affixed thereto, as being true and correct.
B
Section 7.2 - Compliance: I (we) certify that I am (we are) solely responsible for all safety conditions and
compliance with all safety regulations, building codes, ordinance and other applicable regulations. Neither
approval of an Application nor payment of a Property Enhancement Grant upon completion of the project
shall constitute approval of the project by any City department, Board Member or Staff or a waiver by the
City of any safety regulation, building code, ordinance or other applicable regulation.
C
Section 7.3 - Insurance: I (we) certify that I (we) maintain sufficient insurance coverage for property
damage and personal injury liability relating to the project.
D
Section 7.4 - Maintenance: I (we) certify that the Enhancements, once approved by the City shall be
maintained for a period of three (3) years from the date of payment. No changes shall be made without
prior written approval from the City.
E
Section 7.5 - Discretionary Rights: I (we) certify that I (we) acknowledge that the City has the absolute right
of discretion in deciding whether or not to approve a matching Grant relative to the Application, whether or
not such discretion is deemed arbitrary or without basis in fact, including the right to approve or disapprove
a Grant on terms and conditions that are contrary to the guidelines of this Policy.
F
Section 7.6 - Policy Promotion: I (we) authorize the City to use an approved project to promote the merits
of this Policy, including but not limited to displaying a sign at the Property or Business during and within
thirty (30) days after construction, and using photographs and descriptions of the project in distribution
material, press releases, social media and on the City's website.
G
Section 7.7 - Indemnification: I (we) certify that I am (we are) solely responsible for overseeing the work,
and will not seek to hold the City, the Board, and / or their agents, employees, officers, and / or directors
liable for any property damage, personal injury, or other loss related in any way to this Policy, and by
submission of an Application, agree to indemnify the City, the Board and / or their agents, employees,
officers, and / or directors from any claims or damages resulting from the project, including reasonable
attorney fees.
9
1 (we) hereby affirm the Certifications noted above and approve this Application for Property
Enhancement incentives and the Enhancements identified herein.
Property Owner
Applicant / Business Representative
Company:
Company:
Signed:
Signed:
Name:
Name:
Title:
Title:
W :
C:
W :
C:
EM:
EM:
Address:
Address:
Sanger, Texas - Application for Property Enhoncement Incentives - 2021-02-01 - Page 3 of 3
Page 63