Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012 Page: 7,362
7327-7532 p. ; 28 cm.View a full description of this periodical.
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described in clauses (i) - (vii) of this subparagraph is not applicable
based upon the type of occupied structures on the Development Site,
the Applicant must provide an explanation of such non-applicability.
Applicant must submit:
(i) at least one of the items identified in subclauses
(I) - (IV) of this clause:
(I) historical monthly operating statements of the
Development for twelve (12) consecutive months ending not more than
three (3) months from the first day of the Application Acceptance Pe-
riod;
(II) the two (2) most recent consecutive annual
operating statement summaries;
(III) the most recent consecutive six (6) months
of operating statements and the most recent available annual operating
summary; or
(IV) all monthly or annual operating summaries
available; and
(ii) a rent roll not more than six (6) months old as of
the first day the Application Acceptance Period that discloses the terms
and rate of the lease, rental rates offered at the date of the rent roll, Unit
mix, and tenant names or vacancy;
(iii) a written explanation of the process used to
notify and consult with the tenants in preparing the Application;
(2306.6705(6))
(iv) for Qualified Elderly or Supportive Housing De-
velopments, identification of the number of existing tenants qualified
under the Target Population elected under this chapter;
(v) a relocation plan outlining relocation require-
ments and a budget with an identified funding source; (2306.6705(6))
(vi) any documentation necessary for the Depart-
ment to facilitate, or advise an Applicant with respect to or ensure
compliance with the Uniform Relocation Act and any other relocation
laws or regulations as may be applicable; and
(vii) if applicable, evidence that the relocation plan
has been submitted to the appropriate legal or governmental agency.
(2306.6705(6))
(8) Architectural Drawings. All Developments must pro-
vide the items identified in subparagraphs (A) - (D) of this paragraph
unless specifically stated otherwise and must be consistent with all ap-
plicable exhibits throughout the Application. The drawings must have
a legible scale and show the dimensions of each perimeter wall and
floor heights. Developments must provide:
(A) A site plan which:
(i) includes a unit and building type table matrix that
is consistent with the Rent Schedule and Building/Unit Configuration
forms provided in the Application;
(ii) identifies all residential and common buildings;
(iii) clearly delineates the flood plain boundary lines
and shows all easements;
(iv) if applicable, indicates possible placement of
detention/retention pond(s); and
(v) indicates the location of the parking spaces.
(B) Building floor plans. Submitted for each building
type and include square footage. Adaptive Reuse Developments areonly required to provide building plans delineating each Unit by num-
ber and type; and
(C) Unit floor plans for each type of Unit. Adaptive
Reuse Developments are only required to provide Unit floor plans for
each distinct typical Unit type such as one-bedroom, two-bedroom and
for all Unit types that vary in Net Rentable Area by 10 percent from
the typical Unit; and
(D) Elevations. Elevations must be submitted for each
building type and include a percentage estimate of the exterior com-
position and proposed roof pitch. Rehabilitation and Adaptive Reuse
Developments may submit photographs if the Unit configurations are
not being altered and after renovation drawings must be submitted if
Unit configurations are proposed to be altered.
(9) Site Control.
(A) Evidence that the Development Owner has the abil-
ity to compel legal title to a developable interest in the Development
Site or, Site Control must be submitted. If the evidence is not in the
name of the Development Owner, then the documentation should re-
flect an expressed ability to transfer the rights to the Development
Owner. All of the sellers of the proposed Property for the thirty-six
(36) months prior to the first day of the Application Acceptance Period
and their relationship, if any, to members of the Development Team
must be identified at the time of Application. The Department may re-
quest documentation at any time after submission of an Application of
the Development Owner's ability to compel title and the Development
Owner must be able to promptly provide such documentation or the
Application, award, or Commitment may be terminated. The Depart-
ment acknowledges and understands that the Property may have one
or more encumbrances at the time of Application submission and the
Department will use a reasonableness standard in determining whether
such encumbrance is likely to impede an Applicant's ability to meet the
program's requirements. Tax-Exempt Bond Lottery Applications must
have Site Control valid through December 1 of the prior program year
with the option to extend through March 1 of the current program year.
(B) In order to establish Site Control, one of the items
described in clauses (i) - (iii) of this subparagraph must be provided:
(i) a recorded warranty deed with corresponding ex-
ecuted settlement statement; or
(ii) a contract for lease with a minimum term of
forty-five (45) years and is valid for the entire period the Development
is under consideration for Department funding; or
(iii) a contract for sale, an option to purchase or a
lease that includes an effective date; price; address and/or legal de-
scription; proof of consideration in the form specified in the contract;
and expiration date;
(C) If the acquisition can be characterized as an identity
of interest transaction, as described in 10.302 of this chapter (relating
to Underwriting Rules and Guidelines), then the documentation as fur-
ther described therein must be submitted in addition to that of subpara-
graph (B) of this paragraph.
(10) Zoning. (2306.6705(5)) Acceptable evidence of zon-
ing for all Developments must include one of subparagraphs (A) - (D)
of this paragraph.
(A) No Zoning Ordinance in Effect. The Application
must include a letter from the chief executive officer of the Unit of
General Local Government or another local official with appropriate
jurisdiction stating that the Development is located within the bound-
aries of a Unit of General Local Government that has no zoning.37 TexReg 7362 September 21, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012, periodical, September 21, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288980/m1/35/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.