The City finds it is in the public interest to consider, and where appropriate consent to, the application of chapter 394 of the Texas Local Government Code to strategic properties located within the City for which any housing finance corporation seeks ad valorum tax exemption pursuant to chapter 394 of the Texas Local Government Code.
(Ordinance 7548 adopted 9/3/2024)
(A) 
Pursuant to section 394.005 of the Texas Local Government Code, any housing finance corporation seeking ad valorum tax exemption for property it owns or will develop within the City limits of the City of Garland, Texas through the application of chapter 394 of the Texas Local Government Code must first present an application to the City which includes the following information:
(1) 
Property legal description or parcel identification number for the property on which the ad valorum tax exemption will be sought ("property");
(2) 
Name of housing finance corporation seeking the ad valorum tax exemption ("HFC Developer");
(3) 
A conceptual development plan for the property;
(4) 
Information regarding the tax exemption sought;
(5) 
All incorporation documents for the HFC Developer;
(6) 
All rules and policies promulgated by the HFC Developer;
(7) 
All resolutions of the HFC Developer relating to the issuance of bonds;
(8) 
All financing documents of the HFC Developer relating to the issuance of bonds.
(B) 
The application and all materials must be submitted to the City's Planning Director.
(C) 
The application will not be considered complete and received unless and until the City's Planning Director reasonably determines that all information necessary for consideration by the City Council, as set forth herein, has been included within the application.
(D) 
To the extent that the City's Planning Director determines that the materials submitted with the application are not complete, the City Planning Director shall inform the applicant, in writing, of the information or documentation necessary to complete the application. The applicant shall have thirty (30) days to supplement the application.
(E) 
To the extent that the applicant contends that the requested supplemental materials are not necessary for consideration of the application by the City Council, the applicant may appeal, within 15 days of the determination of the City Planning Director. Such appeal shall be made in writing to the City Manager.
(F) 
The City Manager shall make a final determination of the appeal within thirty (30) days of submission. Failure to timely appeal or submit the additional materials within thirty (30) days shall be considered to be a withdrawal of the application.
(Ordinance 7548 adopted 9/3/2024)
(A) 
Following the receipt of the completed application, including all materials listed in Section 32.107 above, by the City's Planning Director, the application will be presented to the City Council by first placing the application on a City Council Work Session and then on a City Council Regular Session Agenda for consideration.
(B) 
Based on the application materials and chapter 394 of the Texas Local Government Code, the City Council will consider the adoption of a resolution approving or disapproving the application of chapter 394 of the Local Government Code to the property.
(Ordinance 7548 adopted 9/3/2024)
Fees relating to the submission of an application as contemplated in Section 32.107 above are amounts approved in the annual budget and may be administratively amended by the City Manager within the budget year to reflect current market and operational conditions.
(Ordinance 7548 adopted 9/3/2024)
It shall be a violation of this article for any housing finance corporation to seek any ad valorum tax exemption, through the application of chapter 394 of the Local Government Code, for property within the City limits of the City of Garland, Texas from the county taxing authority in which the property is located without first presenting the application to the City and obtaining a resolution from the City Council approving said application.
(Ordinance 7548 adopted 9/3/2024)