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Presentation, discussion, and possible action regarding a partial waiver of Amendment Fees required under 10 TAC ?11.901(10)
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RECOMMENDED ACTION
recommendation
WHEREAS, HVM Housing, LLC and HVM 5G Development, LLC were initially certified as Historically Underutilized Businesses (HUBs) in 2003 and 2012, respectively, and were subsequently recertified every four years until they were due for renewal in 2024;
WHEREAS, due to unforeseen issues with the Texas Comptroller of Public Accounts since August 2024, the certification of both HUBs has been denied, and the respective development owners for 18 developments in which these HUBs were included are requesting approval for the removal of the HUB requirement from the Land Use Restriction Agreement (LURA) for each development;
WHEREAS, the ownership structure or involvement of the entities in question is not changing, but each of these entities will no longer be participating as a HUB;
WHEREAS, 10 TAC ?11.901(10) states that an amendment request for a non-material change that has not been implemented will not be required to pay an amendment fee, and material amendment requests (whether implemented or not), or non-material amendment requests that have already been implemented will be required to submit an amendment fee of $2,500 in order for the request to be processed, while fees for each subsequent amendment request related to the same Application will increase by increments of $500;
WHEREAS, 10 TAC ?10.405(b)(2)(E) states that the removal of material participation by a HUB prior to filing of IRS Form(s) 8609 is a Material LURA Amendment;
WHEREAS, due to the fact that the entities in question are no longer certified HUBs, removing the HUB requirement at this point would be considered an implemented change, resulting in the need for amendment fees regardless of IRS Form(s) 8609 being issued or not;
WHEREAS, HVM Housing, LLC and HVM 5G Development, LLC request a reduced fee of $1,000 per amendment ...
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