Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013 Page: 6,383
6341-6746 p. ; 28 cm.View a full description of this periodical.
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(iv) if applicable, indicates possible placement of
detention/retention pond(s); and
(v) indicates the location of the parking spaces;
(B) Building floor plans must be submitted for each
building type. Applications for Adaptive Reuse are only required to
include building plans delineating each Unit by number and type.
Building floor plans must include square footage calculations for
balconies, breezeways, corridors and any other areas not included in
net rentable area;
(C) Unit floor plans for each type of Unit must be in-
cluded in the Application and must include the square footage for each
type of Unit. Applications for Adaptive Reuse are only required to
include 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 must be submitted for each building type
and include a percentage estimate of the exterior composition and pro-
posed roof pitch. Applications for Rehabilitation and Adaptive Reuse
may submit photographs if the Unit configurations are not being altered
and post-renovation drawings must be submitted if Unit configurations
are proposed to be altered.
(10) Site Control.
(A) Evidence that the Development Owner has Site
Control must be submitted. If the evidence is not in the name of the
Development Owner, then an Affiliate of the Development Owner
must have Site Control that does not expressly preclude an ability to
assign the Site Control to the Development Owner or another party.
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 request
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 functional equivalent for an existing
lease with at least forty-five (45) years remaining); or
(ii) a contract or option for lease with a minimum
term of forty-five (45) years that includes a price; address and/or legal
description; proofofconsideration in the form specified in the contract;
and expiration date; or
(iii) a contract for sale or an option to purchase that
includes a price; address and/or legal description; proof of considera-
tion 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, then
the documentation as further described therein must be submitted in
addition to that of subparagraph (B) of this paragraph.(11) Zoning. (2306.6705(5)) Acceptable evidence ofzon-
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 a local government official with appropriate
jurisdiction stating that the Development is located within the bound-
aries of a political subdivision that has no zoning.
(B) Zoning Ordinance in Effect. The Application must
include a letter from a local government official with appropriate ju-
risdiction stating the Development is permitted under the provisions of
the zoning ordinance that applies to the location of the Development.
(C) Requesting a Zoning Change. The Application
must include evidence in the form of a letter from a local government
official with jurisdiction over zoning matters that the Applicant or
Affiliate is in the process of seeking a zoning change (may include
an acknowledgement that a zoning application was received by the
political subdivision) and that the jurisdiction received a release
agreeing to hold the political subdivision and all other parties harmless
in the event the appropriate zoning is denied. Documentation of final
approval of appropriate zoning must be submitted to the Department
with the Commitment or Determination Notice.
(D) Zoning for Rehabilitation Developments. The Ap-
plication must include documentation of current zoning. If the Prop-
erty is currently conforming but with an overlay that would make it a
non-conforming use as presently zoned, the Application must include
a letter from a local government official with appropriate jurisdiction
which addresses the items in clauses (i) - (iv) of this subparagraph:
(i) a detailed narrative of the nature of non-confor-
mance;
(ii) the applicable destruction threshold;
(iii) Owner's rights to reconstruct in the event of
damage; and
(iv) penalties for noncompliance.
(12) Title Commitment/Policy. A title commitment or ti-
tle policy must be submitted that includes a legal description that is
consistent with the Site Control. If the title commitment or policy is
dated more than six (6) months prior to the beginning of the Applica-
tion Acceptance Period then a letter from the title company indicating
that nothing further has transpired during the six-month period on the
commitment or policy must be submitted.
(A) The title commitment must list the name of the De-
velopment Owner as the proposed insured and lists the seller or lessor
as the current owner of the Development Site.
(B) The title policy must show that the ownership (or
leasehold) of the Development Site is vested in the name of the Devel-
opment Owner.
(13) Ownership Structure.
(A) Organizational Charts. A chart must be submitted
that clearly illustrates the complete organizational structure of the fi-
nal proposed Development Owner and of any Developer or Guarantor,
providing the names and ownership percentages of all Persons having
an ownership interest in the Development Owner or the Developer or
Guarantor, as applicable, whether directly or through one or more sub-
sidiaries. Nonprofit entities, public housing authorities, publicly traded
corporations, individual board members, and executive directors must
be included in this exhibit and trusts must list all beneficiaries that have
the legal ability to control or direct activities of the trust and are not just
financial beneficiaries.PROPOSED RULES September 27, 2013 38 TexReg 6383
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Texas. Secretary of State. Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013, periodical, September 27, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342084/m1/43/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.