HomeMy WebLinkAboutPR 20683: ADOPTING THE NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) TAX ABATEMENT AND BASIC INCENTIVE POLICY City of
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INTEROFFICE MEMORANDUM
Date: March 19, 2019
To: The Honorable Mayor and City Council
Through: Harvey L. Robinson, Interim City Manager
From: Pamela D. Langford, Development Services Manager 6
Cc: Ronald "Ron" Burton, Director of Development Services
RE: P.R. NO. 20683 — Resolution adopting the Neighborhood Empowerment
Zone (NEZ) Tax Abatement and Basic Incentive Policy
Introduction:
The intent of this Agenda Item is to request that City Council approve Proposed
Resolution No. 20683, adopting the City's Neighborhood Empowerment Zone (NEZ)
Tax Abatement and Basic Incentive Policy.
Background:
The City is authorized under Texas Local Government Code, Chapter 378 to create a
Neighborhood Empowerment Zone ("NEZ") if the City determines that the zone would
promote: (1) the creation of affordable housing, including manufactured housing, in the
zone; (2) an increase in economic development in the zone; (3) an increase in the
quality of social services, education, or public safety provided to residents of the zone;
or (4) the rehabilitation of affordable housing in the zone.
Adopting the Neighborhood Empowerment Zone ("NEZ") Program Basic Incentives and
Tax Abatement Policy, will promote affordable housing, economic development, and
expanded services in Neighborhood Empowerment Zones.
For each NEZ established, the City Council may approve additional terms and
incentives as permitted by Chapter 378 of the Texas Local Government Code or by City
Council resolution; however, any tax abatement awarded before the expiration of the
1
NEZ shall carry its full term according to its tax abatement agreement approved by the
City Council
Budget Impact:
None
Recommendation:
It is recommended that City Council approve Proposed Resolution No. 20683, adopting
the City's Neighborhood Empowerment Zone (NEZ) Tax Abatement and Basic
Incentive Policy.
"Remember, we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R.NO.20683
03/19/2019 PDL
PAGE 1 OF 18
RESOLUTION NO.
A RESOLUTION ADOPTING THE NEIGHBORHOOD
EMPOWERMENT ZONE (NEZ) TAX ABATEMENT AND BASIC
INCENTIVES POLICY FOR THE CITY OF PORT ARTHUR AND TO
EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
WHEREAS, the City is authorized under Texas Local Government Code, Chapter
378 to create a Neighborhood Empowerment Zone ("NEZ") if the City determines that the
zone would promote: (1) the creation of affordable housing, including manufactured
housing, in the zone; (2) an increase in economic development in the zone; (3) an
increase in the quality of social services, education, or public safety provided to residents
of the zone; or (4) the rehabilitation of affordable housing in the zone; and,
WHEREAS, the City, by adopting the Neighborhood Empowerment Zone ("NEZ")
Program Basic Incentives and Tax Abatement Policy, will promote affordable housing,
economic development, and expanded services in Neighborhood Empowerment Zones;
and,
WHEREAS, NEZ incentives will not be granted after the expiration of the NEZ as
defined in the resolution designating the NEZ; and,
WHEREAS, for each NEZ established, the City Council may approve additional
terms and incentives as permitted by Chapter 378 of the Texas Local Government Code
or by City Council resolution; however, any tax abatement awarded before the expiration
of the NEZ shall carry its full term according to its tax abatement agreement approved by
the City Council; and,
WHEREAS, Local Government Code Chapter Section 378.004 allows a
municipality to enter into agreements abating municipal property taxes on property in the
NEZ subject to the duration limits of Tax Code Section 312.204; and,
P.R.NO.20683
03/19/2019 PDL
PAGE 2 OF 18
WHEREAS, Local Government Code Chapter Section 378.004 allows a
municipality to enter into agreements abating municipal property taxes on property in
the NEZ subject to the duration limits of Tax Code Section 312.204; and,
WHEREAS, Section 312.204 states that "the governing body of a municipality
eligible to enter into tax abatement agreements under Section 312.002 may agree in
writing with the owner of taxable real property that is located in a reinvestment zone, but
that is not in an improvement project financed by tax increment bonds, to exempt from
taxation a portion of the value of the real property or of tangible personal property
located on the real property, or both, for a period not to exceed 10 years, on the
condition that the owner of the property make specific improvements or repairs to the
property"; and,
WHEREAS, it is necessary for the City of Port Arthur to adopt the Neighborhood
Empowerment Zone ("NEZ") Program Basic Incentives and Tax Abatement Policy, to
promote affordable housing, economic development, and expanded services in
Neighborhood Empowerment Zones.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT the City of Port Arthur City Council may approve additional terms and
incentives as permitted by Chapter 378 of the Texas Local Government Code or by City
Council resolution.
THAT the policy; as set forth in Exhibit "A", attached hereto and made part
hereof, is hereby adopted.
P.R. NO. 20683
03/19/2019 PDL
PAGE 3 OF 18
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
%./(
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey L. Robinson, Interim City Manager
V4t
Ronald "Ron" Burton,'Assistant City Manager-Operations/
Director of Development Services
P.R. NO.20683
03/19/2019 PDL
PAGE 4 OF 18
EXHIBIT "A"
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Neighborhood Empowerment Zone (NEZ) Program
Tax Abatement & Incentive Policy
GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the
creation of the zone would promote:
1. the creation of affordable housing, including manufactured housing, in the zone;
2. an increase in economic development in the zone;
3. an increase in the quality of social services, education, or public safety provided to
residents of the zone; or
4. the rehabilitation of affordable housing in the zone."
It is the City of Port Arthur's goal to promote development within its Neighborhood
Empowerment Zones in an effort to improve the local economy and enhance the quality
of life for its citizens. Insofar as these goals are served by enhancing the value of the
local tax base and increasing economic opportunities, the City of Port Arthur will give
consideration to providing the following incentives for development within Neighborhood
Empowerment Zones.
As mandated by state law, the property tax abatement under this policy applies to the
owners of real property. Nothing in the policy shall be constructed as an obligation by the
City of Port Arthur to approve any tax abatement application.
DEFINITIONS
A. Abatement or Tax Abatement full or partial exemption for ad valorem taxes of
eligible properties in a reinvestment zone designated as such for economic
development purposes.
B. Agreement a contractual agreement between a property owner and a taxing
jurisdiction for the purpose of a tax abatement.
C. Base Year Value: the assessed value of either the applicant's real property and
improvements located in a designated reinvestment zone on January 1 of the year
prior to the execution of the agreement plus the agreed upon value of any property
improvements made after January 1 of that year but before the execution of the
agreement, and/or the assessed value of any tangible personal property located
on the owner's real property on January 1 of the year prior to the abatement period
covered by the agreement.
D. Capital Investment: only Real Property Improvements such as new facilities and
structures, site improvements, facility expansion, and facility modernization.
Capital Investment does NOT include land acquisition costs and/or any existing
improvements, or personal property (such as machinery, equipment, and/or
supplies and inventory).
E. Eligible Rehabilitation: only physical improvements to Real Property
Improvements. Eligible Rehabilitation does not include personal property (such as
furniture, appliances, equipment, and/or supplies).
F. Facility: property improvements completed or in the process of construction which
together comprise an integral whole.
G. Gross Floor Area: measured by taking the outside dimensions of the building at
each floor level, except that portion of the basement used only for utilities or
storage, and any areas within the building used for off-street parking.
H. Incremental Value: the amount of assessed value of the project that is in addition
to the Base Year Value of applicant's real property at their prior location.
I. Neighborhood Empowerment Zone: an area so designated for the purpose of
providing economic incentives, including a tax abatement, as authorized by the
City of Port Arthur in accordance with Texas Local Government Code Annotated
Section 378 as amended.
J. New Construction: a newly constructed habitable structure improvement
requiring a permanent foundation. This excluded accessory structures such as
sheds and incidental out buildings.
K. Primary Residence: the residence that has a Homestead Exemption on file with
Jefferson County Appraisal District.
L. Real Property: land defined by legal description owned by the person applying for
a tax abatement, including any improvements thereto, which is to be improved and
valued for property tax purposes, and which is to be included in the Neighborhood
Empowerment Zone.
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M. Reinvestment Zone: an area designated as such by the City of Port Arthur in
accordance with the Property Redevelopment and Tax Abatement Act codified in
Chapter 312 of the Texas Tax Code, or an area designated as an enterprise zone
pursuant to the Texas Enterprise Zone Act, codified in Chapter 2303 of the Texas
Government Code.
N. Substantial Investment: a project deemed as an eligible facility under this policy,
that exceeds $5,000,000 in capital investment.
PROGRAM POLICY
It is the policy of the City of Port Arthur that consideration will be provided in accordance
with the guidelines, criteria and procedures outlined in this document. This policy applies
to the owners of real property. Project consideration will include the potential impact of
the reinvestment project on the immediate and surrounding area.
A. Authorized Facility: Neighborhood Empowerment Zone Incentives may be granted
within a Neighborhood Empowerment Zone for new construction or renovation of
single-family uses for investments of $50,000 or greater and may be granted for
all other uses for investment of $75,000 or greater.
B. Eligible Property: Neighborhood Empowerment Zone Incentives may be granted
for new construction or renovation of owner-occupied single-family homes, office,
retail, hotel and meeting facilities, restaurant and multi-family residential facilities
within a Neighborhood Empowerment Zone, designated by the City Council of the
City of Port Arthur, Texas.
Ineligible Facilities or Projects:
A. No incentives shall be granted for development resulting from the relocation of
an eligible facility from one area of the city to within the Neighborhood
Empowerment Zone, excepting projects considered "Substantial Investments,"
as defined herein.
Procedural Guidelines:
Any person, partnership, organization, corporation or other entity desiring that the City of
Port Arthur consider providing Neighborhood Empowerment Zone incentives shall be
required to comply with the following procedural guidelines. No representations made
herein considered binding unless and until approved by the City Port Arthur City Council.
Preliminary Application:
Applicants shall submit a completed "Application for Neighborhood Empowerment Zone
Development Incentives" form for consideration of Incentives to the Department of
Development Services of the City of Port Arthur, 444 4th Street, Port Arthur, Texas 77640.
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Consideration of the Application:
A. The City Manager will consider requests for incentives in accordance with these
policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional
information may be requested as needed.
B. The City Council may authorize an agreement that outlines the terms and
conditions between the City and the applicant and governs the provision of the
incentives.
Inspection of the Project:
During the term of such agreement, the City of Port Arthur will have the right to inspect
the project facility during regular business hours to ensure compliance with the agreement
and accuracy of the owner certification.
Recapture:
If a project is not completed as specified, or if the terms of the incentive agreement are
not met, the City has the right to cancel or amend the incentive agreement and all
previously waived fees and abated taxes shall become due to the City and liens may be
attached.
Effect of Sale, assignment or lease of property:
No incentive right may be sold or assigned without the approval of the City Council. Any
sale, assignment or lease of the property may result in execution of the recapture
provision, as outlined above.
TYPE OF INCENTIVES AVAILABLE
Building Permit Fee Waivers
The Building Construction Permit Fee Waiver Program affords property owners an
exemption from planning and building fees associated with new construction or
renovation and occupancy of eligible facilities within the target area.
Expedited Permit Reviews
In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the
Department of Development Services is committed to assisting applicants through the
planning and permit review process as quickly as possible.
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Lien Waivers
In order to render properties with Neighborhood Empowerment Zones more marketable,
the Lien Waiver Program affords property owners a release of liens attached to properties
as the result of demolitions or expenditures associated with cutting high grass. Release
of such liens would only be allowed in conjunction with new construction or renovation of
eligible facilities within the target area.
Construction Tax Abatement
The Construction Tax Abatement Program is an economic development tool designed to
provide incentives for the new construction or renovation of single-family homes, office,
retail, restaurant and multi-family residential facilities within a Neighborhood
Empowerment Zone. The Construction Tax Abatement Program is intended to contribute
to area development by attracting additional capital and human investment to the area as
well as additional residents to support economic development activities within the area.
Value of Abatements: authorized facilities may be granted a municipal tax abatement on
all or a portion of the increased taxable value of eligible property over the base year value
for a period not to exceed three (3) years, except as outlined below.
TAX ABATEMENT PROGRAM GUIDELINES
The eligibility requirements are as follows:
Investment Municipal Tax Abatement Schedule
$50,000 & up for residential uses 100%; or 100% of the incremental
and value for Substantial Investments 1st Year
$75,000 & up for all other uses relocating to the City.
$50,000 & up for residential uses 100%; or 100% of the incremental
and value for Substantial Investments 2nd Year
$75,000 & up for all other uses relocating to the City.
$50,000 & up for residential uses 100%; or 100% of the incremental
and value for Substantial Investments 3rd Year
$75,000 & up for all other uses relocating to the City.
$250,000 or more for any eligible 100% for new investments and the
use incremental value for Substantial 4th Year
Investments relocating to the City.
$500,000 or more for any eligible 100% for new investments and the
use incremental value for Substantial 5th Year
Investments relocating to the City.
$750,000 or more for any eligible 100% for new investments and the
use incremental value for Substantial 6th Year
Investments relocating to the City.
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$1,000,000 or more for any eligible 100% for new investments and the
incremental value for Substantial 7th Year
use Investments relocating to the City.
$1,500,000 or more for any eligible 100% for new investments and the
use incremental value for Substantial 8th Year
Investments relocating to the City.
$3,000,000 or more for any eligible 100% for new investments and the
incremental value for Substantial 9th Year
use Investments relocating to the City.
$5,000,000 or more for any eligible 100% for new investments and the
incremental value for Substantial 10th Year
use Investments relocating to the City.
Abatement Program Considerations:
A. The final valuation determined by the Jefferson County Appraisal District will be
used to determine the actual yearly tax abatement exemption.
B. The tax abatement shall be granted only to the owner of the property.
C. No tax abatement exemption shall be effective until the applicant has met all of the
eligibility requirements contained in the guidelines and policies, state law, and City
of Port Arthur codes.
D. There shall be no retroactive tax abatement exemptions — all tax abatement
exemptions become effective only on or after the date the City Council approves
the tax abatement agreement.
E. The applicant shall agree to hold the City of Port Arthur, its agents, employees and
public officials harmless and pay all attorneys' fees that are generated by any
dispute regarding the tax abatement agreement.
F. Personal and or real property identified before the period covered by the
abatement agreement will not be eligible for abatement.
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NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
I. APPLICATION CHECK LIST—Please submit the following documentation:
A completed application form signed by the property owner.
A list of all properties owned by the applicant, owner, developer, associates,principals, partners,
and agents in the City of Port Arthur.
Proof of ownership, such as a warranty deed, affidavit of heirship, or a probated will OR evidence
of site control, such as option to buy(A registered warranty deed is required for tax abatement
application).
Title abstract of the property(only if applying for release of City liens).
A reduced 11 x17 floor plan, site plan, and site elevation with a written detailed project description
that includes a construction time line.
A detailed line item budget showing the cost breakdown for the project.
Copy of Incorporation Papers noting all principals, partners,and agents if applicable.
Required—Meet with the Councilmember and Neighborhood&other Organizations representing
the NEZ as outlined in the Public Notice requirement of the NEZ Policy and Guidelines or followed
guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL
ALL REQUIRED DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED
WITHIN 30 DAYS OF THE DATE OF APPLICATION.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE
ISSUED FOR YOUR PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO
YOUR PROPERTY. IT TAKES 60 TO 90 BUSINESS DAYS TO COMPLETE THE TAX
ABATEMENET AGREEMENT APPROVAL PROCESS ADTER THE ISSUANCE OF NEZ
CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. AL BUILDING
PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION
WAS APPROVED,OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS
APPROVED,OR YOU WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVES.
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 12
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Neighborhood Empowerment Zone (NEZ) Application
The purpose of this application is to present to the City of Port Arthur a reasonable comprehensive
outline of the project for which the incentives are requested. Please review the Neighborhood
Empowerment Zone guidelines carefully before completing this application. If additional space is
needed,separate sheets may be attached.
INCENTIVE TYPES(What are you seeking):
E Building Fee Waiver r- Permit I— Lien Waivers
E Tax Abatement
APPLICANT INFORMATION:
Applicant Name:
(Last) (First) (M.I.)
Physical Address:
(Street Address) (City) (State) (Zip)
Mailing Address:
(Address) (City) (State) (Zip)
Primary No: Fax No:
Other No: (Cell; etc.)
Email Address:
Authorized Agent(if applicable):
Physical Address:
(Street Address) (City) (State) (Zip)
P
Mailing Address:
(Address)
(City) (State) (Zip)
Primary No: Fax No:
Other No: (Cell; etc.)
Email Address:
Organization Information:
Business/Organization Name:
Type of Business/Organization: Date Formed:
(i.e.Corporation,Ltd.Partnership,LLC,etc.)
Physical Address:
(Street Address) (City) (State) (Zip)
Mailing Address:
(Street Address) (City) (State) (Zip)
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 13
State Registered: Other Locations:
(City/State)
Designated Contact Person:
Contact No: Email Address:
Principal Officers:
Name Address Telephone No.
If additional space is needed,please provide information as an attachment.
Tax Information:
Is the Business current with all taxes? Does the proposed project conform to City of
Port Arthur Zoning?
r- Yes EYes
r No t- No
Project Type(check all that apply):
E Single Family or E Non-residential/Heavy
E Multi-Family r Industrial
p Non-residential/Light r Planned Development District
✓ Nixed-Use
Development Information:
Project Location:
(Street Address) (City) (State) (Zip)
Legal Description (Lot/Block/Subdivision):
Attach plat of property
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 14
Project Description:
If the project is a Commercial (Light/Heavy), Industrial, Planned Development, or Mixed-Use project,
please describe the type(s)of business(es)that is/are being proposed:
Is this a new construction or improvement to existing project?
E New Construction r Improvement to existing project
Total Square footage of improvement/project: sq. ft.
Infrastructure Improvements?
r Yes E No
Please describe:
Project Cost(estimated): $
Estimated project commencement date:
Estimated project completion date:
Estimated date of project to be operational:
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 15
Lien Waivers:
Are you requesting City Liens to be released?
r Yes E No
Please Describe:
Employment Impact:
What is the estimated number of permanent full-time new jobs that will be created?
How many new,temporary and part-time jobs will be created in Port Arthur?
• New
• Temporary
• Part-time
What percentage of employees do you anticipate will be residents living in?
• Neighborhood Empowerment Zone:
• City of Port Arthur:
• Jefferson County: %
• Outside Jefferson County:
What type of jobs will be created?
What will be the total project's annual payroll of the newly created jobs? $
Will specialized training be required?
r Yes E No
What type(s)of training:
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION P A G F: 6
Fiscal Impact:
Is there an anticipated cost to the City of Port Arthur for providing municipal services to the proposed
project?
I— Yes f No
Community Impact:
Do you anticipate the proposed project of having a substantial impact on the local residential, commercial
or retail market?
I— Yes f No
Will one or more of the following be required?
E Re-zoning
I— Platting
1— Replatting
Definitions:
Compatibility: Construction is generally compatible with the massing, size, scale, and architectural
features of the surrounding buildings and environment.
Amenities: Construction includes enhanced pedestrian and/or streetscape amenities.
Downtown Revitalization Plan: Development project is consistent with and promotes the Downtown
Revitalization Plan.
Investment: New construction on a vacant site includes a minimum capital investment of $50,000.
Rehabilitation of an existing building in accordance with Secretary of the Interior Standards. Includes a
minimum capital investment of $50,000 or 30% of the present building value as appraised by JCAD,
whichever is greater.
Job Creation: Development project creates 1 new, full-time job (or correlative FTV (full-time
employment)per 200 square feet of gross floor area: or(supporting documentation required)
Vacant/Underutilized—Site/Building: Construction occurs within the Vacant/Underutilized
Sites/Buildings Improvement Area as designated in the Tax Increment Reinvestment Zone(TIRZ).
Rezoning: To change the governmental classification and permitted uses of(an area or piece of real estate).
Platting: Chapter 212 of the Texas Local Government Code authorizes cities to require platting of
property. The purposes of platting include, among other things, ensuring orderly development in
accordance with the Comprehensive Plan,the provision of adequate public infrastructure meeting the City's
design standards, and the establishment of accurate records of land subdivision.
Replat: A map of a re-division of a previously platted subdivision which satisfies all legal requirements
for recording with the county clerk.
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 17
Acknowledgement:
I. I hereby certify that the information provided is true and accurate to the best knowledge. I hereby
acknowledge that I have received a copy of NEZ Program Guidelines, which governs granting of tax
refunds and fee waivers, and that any VIOLATION of the terms of the NEZ guidelines or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of
incentives at the discretion of the City of Port Arthur.
II. It is understood that the information provided herein is based on estimates and projections, but that
such estimates and projections have been fully investigated and are made in good faith as to their
accuracy.It is further understood that any information provided herein that is actual and not estimated
is represented to be true and correct or for which there is no good faith basis, may result in the denial
of consideration for or termination of incentive agreement.
III. I understand that the approval of fee waivers and other incentives shall not constitute approval of any
aspect of the project. I understand that I am responsible for obtaining all required permits and
inspections from the City and in ensuring the project is in the correct zoning district. It is strongly
suggested you meet with a member of the Planning Division prior to application.
Print or Type Applicant Name
Authorized Signature
Date
Please mail or fax your application to:
City of Port Arthur,Department of Development Services—Planning Division
444 4th Street,Suite 337,Port Arthur,Texas 77640
Tel: (409) 983-8135 Fax: (409)983-8137
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 18
For Office Use Only
City Council District:
Date Application Completed: Date Application Submitted:
Staff recommendation(s)and/or comment(s):
E Approved
E Denied
Approved By:
Print or Type Name
Authorized Signature
Date
Comments: