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HomeMy WebLinkAboutContract 27548 s IT Y $ECRETARY -A ..,ONTRACT NO. INERLCAL AGREEMENT This INTERL CAL AGREEMENT' the Agreement is made and entered into by and between the following,government entities: The CITY OF FORT WORTR TEXAS, a home-rule rn n ci al corporation, (hereafter wed "CITE) and The TARRANT COUNTY Y NI A. COLLEGE DISTRICT, a pofitical subdivision of the State of Texas (hereafter coed""JUNIOR COLLEGE"). RECII 1. This Agreement "is made under the authonky granted to CITY and the JUNIOR COLLEGE by and pursuant to Texas Government Code Chapter 791, known as the INTERLOCAL COOPERATION ACT.. 2. By, its adoption of M&C tom-1x284 and Ordinance No.13 5 33 ("the Ordinance') on duly 28,1998, the City Council of the CITY established a procedure to convey t foreclosed sed r "erty to e 'b,le housing nonprofit organizations for the development of low income housing pursuant to Section 34.015 of the Texas Propel" Tax Code. A copy of the wrd n .nee is attached as Exhibit "N' d incorporated for all purposes. The Ordinance has been reviewed by the std"at the JUNIOR COLLEGE and has, been presented to its board for approval. 3. By its adoption of M&C 1 2284, the City Council of CITY has also authoiu* ed this Agreement with JLWIOR COLLEGE to obtain JUNIOR C LLEGE's consent to the conveyance met nod stated 'in the rdi� ee and to e designated as the signatory +gin behalf of JUNIOR COLLEGE to execute Tax Resale Deeds in the conveyance Hander the Ordinance. 0 1,10 16 "Z, r copy of the proposed Tax Resale Dee�d 'is attached as Exhibi"t D and corporated for all purposes. 4. The JUNIOR COLLEGE's Board of Directors has approved this Agreement at its meeting of 1998. NOW TBEREFORE, in consideration of the mutual covenants herein expressed, -the parties agree as follows-. AGREEMENI 1. JUNIOR COLLEGE hereby approves and consents to the method of property conveyance as stated in the Ordinance. 2. JUNIOR COLLEGE further designates and authon'zes the City Manager or any Assistant City Manager of the CITY to execute Tax Resale Deeds to be used m' property conveyance pursuant to the Ordinance on behalf'of JUNIOR COLLEGE. 3. This Agreement has been duly authorized by the governing, bodies of the CITY and JUNIOR COLLEGE. 4. This Agreement, and the authority granted herein, shall continue M" effect until terminated by notice 'in writing from one party to the other at least thirty(3 0) days prior to the effective ter r M' at*lon date. 2 EXECUTED this L-2-Way of' �,e� CrTY OF FORT WORTH TARRA NT COUNTY JUNIOR COLLEGE DISTRICT 000 Tbrockmorton Sweet 1 10 Houston Street Fort Wow Tee 76102 Fort Wo�rdi,"Texas 76102 � �r5 By B Y Assistant City alter d' ATTEST, ATTESP Ole By: By m ofia ear rn City Secretary contract Authorization APPROVED AS TO FORM AND LEGALITY Date Assis�ant+ity Attomey q r UPS C 0 ity of Fort Worth, Texas �* 1 yo n C oun L A" a a L;OILmiuni ;4tion at 7/218/98 Reference Number Log Name Paige **G,,l 22814 05LOW 1 of 2 Subject ORDINANCE ESTABLISHING PROCEDURES FOR THE CONVEYANCE OF TAX FORECLOSURE PROPERTY TO QUALIFIED NONPROFIT ORGANIZATIONS FOR LOW INCOME HOUSING RECOMMENDATION,'*' It is recommended that the City Council: 1. Adopt the attached "Ordinance for the Conveyance of Tax Foreclosure Property to Eligible, Nonprofit Organizations for the Development of Housing, for Low Income, Individuals and Families )it. Pursuant to Section 34.0115 of the Texas Property Tax, Code , and 2. Authorize the City Manager to enter into interlocal agreements other taxing entities, to obta,in, their consent of the sale method as stated in the ordinance,, and for the City Manager to be authorized as the signatory on the Tax Resale Deed used to convey property pursuant to the ordinance. DISCUSSION: Section 341.015, of the Texas Property Tax Code, as amended in 119,97, allows municipalities to determine the manner in which tax foreclosure properties can be transferred, to qualified n profit organizations for the development of' low income housing., The statute enables the City to sell the properties to qualified nonprofit organizations without competitive bids for less than the judgment amount or the fair market value as specified in the tax foreclosure, lawsuit Judgment. The City's current policy on the conveyance of all surplus property (incluud:ing tax foreclosure property) was shared with and, approved by other local taxing entities. Tarrant County, as a, condition of its approval of the current policy, required that the City, insert a "reverter clause" into the tax resale deed for any property conveyed to nonprofit organizations for less than the judgment amount or fair market value. The reverter clause states that if the property is sold to a non-pr ofilt organization within five (51) years from the data of the conveyance, and it ceases to, be low income, housing, it automatically reverts back to the City-trustee for all the taxing entities. The reverter clause has made it extremely difficuilt for individual purchasers to obtain permanent mortgage financing. The staff from the City of Fort Worth Law and Housing Departments, and the Real Property Management, Division of the Engineering Department developed the proposed ordinance to 1) implement Sec. 34.015, 2) encourage the development of affordable housing and 31) place vacant properties black on the tax rolls. Adoption of' the proposed ordinance will also provide an incentive for qualified nonprofit organizations, including 'the Fort Worth Housing Finance Corporation, to expand, their activities through acquisition of vacant properties, construction of new houses or rehabilitation of existing houses. These activities are particularly important in revitalizing the central city neighborhoods, where affordable housing is most needed. Because the proposed dieeld under this ordinance does not include the reverter clause, it will also, attract more private lending institutions to provide financing: assistance to low-income buyers. i oj Fort, Worth, Texas n 'M Ar VAIP0 nd C,oun �L 1 t; cormunica jon Date Reference Number, Lolig Name age 7/28/98 **Gmll 2284 05LOW 2 of 2 Ubj_e___Ct OR INANCE EST I HING 0-CMDURE FOR—THE ___G VEYANCE OF-- FORECLOSURE PROPERTY TO QUALIFIED NONPROFIT ORGAN IZATIONS FOR LOW I:NICOME, HOUSING, The Safety and Community Development Corn mitt ee endorsed the procedures in the proposed ordinance on A,piril 14, 1998. A copy of the procedure is attached for additional 'Information to the City Council. City staffhave also provided other local taxing entities with a copy of the proposed ordinance, considered their comments and requested their consent to the conveyance miethold stated, 'in, the ordinance. This is a city-wide program, and covers all Council' Districts. FISCAL INFORMATION/CERTIFICATION: 'The Finance Director certifies that this, action will have no, material effect on City fury dis. LW .......... Submitted for City Manager's FUND, AC'COU'NfT CENTER AMOUNT CITY SECRETARY Office by-., (to) Libby Watson 6183 Origlinating Department Head.: Jerome Walker 71537 (from), APPROVED 7-28-98 Additional Informati"on Contact: Jerome Walker 75 3 7 L'Ity of Port �,dw& %W� C J'L mayor n 'oun CoHanun]LC T..JLoln ■ M Date Reference Number Log Nate Page 7/28/98 **G-1 2284 05LOW 1 of 2 Subject ORDINANCE ESTABLISHIN G PROCEDURES FOR THE CONVEYANCE OF TAX FORECLOSURE PROPERTY" TO, QUALIFIED NONPROFIT ORGAN I TI N' FOR LOW INCOME HOUSING RECOMMENDATION,.- It is recommended, that the City Council 1. Adopt the attached "Ordinance for the Conveyance of Tax Foreclosure property to Eligible Nonprofit r anizati> ns for the Development of Housing, for Low Incomile Individuals and Families Pursuant to Section 34.015 of the Texas Property Tax Code,''; and 2. Authorize the City Manager to enter into interl cal agreements other taxing entities, to obtain their consent of the sale method as stated in the ordinance, and for the City" Manager to be authorized as the signatory on the Tax Resale Deed used to onvey pr operty pursuant to the orld ii n ruse. Section 34.015 of the Texas Property Tux Cede, as amended in 1997, allows municipalities to determine the manner in which tax foreclosure properties can be transferred to qualified nonprofit organizations for the development ent f lever income e housing. The statute enables the City to sell the properties to qualified nonprofit organizations without competitive bids for less than the udgmeu nt amount or the fair market value as specified in the tax foreclosure lawsuit judgment. The City's current policy on the conveyance of all surplus property (including tux foreclosure property) was shared, with and approved by other local Mixing entities. Tarrant County, as a condition of its approval of the, current policy, required that the City insert a "reverter clause''" into the tux resale dead for any property conveyed to nonprofit organizations for less than the judgment amount or fair market value. The reverter clause states that if the property is sold to a non-profit organization within five 5 years from the date of the conveyance and it ceases to ha levy income housing, it autornatically reverts hack to the City-trustee for all the taxing entities. The reverter clause has made it extremely difficult for individual purchasers to, obtain permanent mortgage financing. The staff from the City of Fort Worth Law and Hous,ing Departments and the Real Property Management Division of the Engineering: Department developed the proposed ordinance to 1), i mplement Sec.. 34.0115, 2 encourage the development of affordable housing and 3 place vacant properties black on the tax rolls. Adoption of the proposed ordinance will also provide an incentive for qualified nonprofit organizations, including the Fart Worth Housing usin inance Corporation, to expand their activities t reug,h acquisition of vacant properties, construction of new houses or rehabilitation of existing houses.. These activities are particularly important in revitalizing the central city neighborhoods where affordable housing is most needed. Beca,u,se the proposed dead under this ordinance does not include the reverter clause, it will also) attract more private lending institutions to provide financing assistance to low-income buyers. city of Port Worth, Texas e41 0 M, coun 11 C0,1LUMUnic tion Date Reference Number Log Name --Page 7/28/98 **G=1 2284 05LOW 2 of 2 Subject ___GRDIN NCE, ESTABLISHING PR CEDURES FOR THE CONVEYANC OF '-"TAX, FORECLOSURE PROPERTY 'TO QUALIFIED NONPROFIT ORGANIZATIONS FOR INCOME HOUSING, The Safety and Community Development Committee endorsed, the procedures in the proposed, ordinance on April 14, 1998. A copy of the procedure is attached for additional iinf rmation, to the City Council'. City staff have also pr ideld other local taxing entities, with a, copy of the propose+ ! ordinance, considered their comments and requested their consent, to the conveyance method, stated in the ordinance. This is a city-wide pirogram and covers all Council Districts. FISCAL IN FAR MATIO,N CERTIIFI,CATION,-, The Finance Director certifies that th,is, action, will have no material effect on City funds. LWJ Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by.- (to) Libby Watson 6183 Orig,inating Department Head: Jerome Walker 7537 from APPROVED 7-28-98 Addition Information Contact,., Jerome Walker 7537