Economic Vibrancy. Housing

Transcription

1 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: June 11,2008 COUNCIL DISTRICT(S): 3 DEPARTMENT: Housing CMO: A. C. Gonzalez, MAPSCO: 43M SUBJECT Authorize a resolution in support of the Texas Department of Housing and Community Affairs (TDHCA) Tax-exempt Bond and 4% Tax Credit financing pursuant to Section 50.5 (7) (A-C), and 50.5 (8) (A-D) (iv) of the Qualified Allocation Plan for the new construction of 180 one-bedroom units for seniors, with 13 units designated for persons with disabilities located at Bickers Street and Greenleaf Street for Village at Lakewest Apartments I, Lakewest Senior Housing I, LP - Financing: No cost consideration to the City BACKGROUND On December 28, 2007, Lakewest Senior Housing I, LP ("Applicant") made application to the Texas Department of Housing and Community Affair's (TDHCA) for Village at Lakewest Apartments I, a new 180 unit development for seniors. On March 21, 2008, Lakewest Senior Housing I, LP submitted a pre-application waiver for tax-exempt bonds and 4% tax credits on behalf of the Housing Options, Inc. a public facilities corporation created by the Dallas Housing Authority (DHA), intends to issue tax-exempt bonds through Housing Options, Inc. for this development. On January 11, 2006, the City Council approved an item authorizing (1) amendments to the City of Dallas review criteria for multifamily project applications seeking City of Dallas approval and for tax-exempt mortgage revenue bond and/or low income housing tax credit financing and (2) prohibiting submission to the City of applications for approval of tax exempt mortgage revenue bonds and for low income tax credits for a 12-month period beginning January 11, 2006, unless the City Council grants a pre-application waiver.

2 BACKGROUND (Continued) On January 23, 2008, the City Council approved amendments to the review criteria to add youth projects and to allow new construction of housing for low and moderate income households with priority given to Master Plan Developments, Mixed lncome Developments and Transit Developments and authorized city staff to send a letter to the Texas Department of Housing and Community Affairs advising them of the changes advising and informing them that the City is willing to review applications on tax credit transactions individually, based on supply and demand needs in the project's submarket. Under the 2008 Qualified Allocation Plan Rules, if the proposed development is (1) located in a municipality that has more than twice the state average of units per capita supported by Housing Tax Credits or private activity bonds, the applicant must obtain prior approval of the development from the governing body of the municipality, and (2) a new development proposing new construction that is located one linear mile or less from a Development that serves the same type of household as the new development; the applicant is eligible if the local government where the Development is to be located has by vote specifically allowed the construction of a new development located within one linear mile or less from a Development. Texas Department of Housing and Community Affairs funding for projects in the City of Dallas must be approved by the City Council. The resolution must include a written statement of support from the governing body referencing the state rule and authorizing an allocation of housing tax credits for the development. On May 28, 2008, the City Council approved a pre-application waiver authorizing the Applicant to apply for allocation of Tax-exempt Bond and 4% Tax Credit financing for the new construction of 180 one-bedroom units for seniors of affordable housing. The Applicant has committed to renting 180 units or 100% of the units to tenants with household incomes capped at 60% or below the Area Median Family Income (AMFI) with rents affordable to seniors whose household incomes are 60% or below the AMFI and 90 units or 50% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI. Thirteen (13) units or 7% of the units will be designated for Persons with Disabilities. As a requirement for City approval of low income housing tax credits, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; ~ounseling/domestic crisis intervention; emergency assistance, computer education. adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. Agenda Date page 2

3 PRIOR ACTlONlREVIEW (Council, Boards, Commissions) On April 21, 2008, the Housing Committee was briefed. On May 28, 2608, the City Council approved support of the TDWCA 4% low income housing credits by Resolution No, 08-"130. On June 2, 2008, the Housing Committee was briefed. FISCAL INFORMATION No cost consideration to the City. OWNERS DHNLakewest Senior Mousing a, Ann Lott, Executive Director - MAP DEVELOPER LP GSL Development, LLC John Taylor, Owner and Managing Member Attached Agenda Date /ZOO8 - page 3

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5 COUNCIL CHAMBER June 7 I, 2008 WHEREAS, the Applicant, Lakewest Senior Housing I, LP (the "Applicant") submitted a pre-application waiver on March 21, 2008, seeking approval to apply for Tax-exempt Bond and 4% Tax Credit financing with the Texas Department of Mousing and Community Affairs (TDHCA); and WHEREAS, on March 21, 2008, the Applicant submitted an application to the City of Dallas for the approval of TDHCA Tax-exempt Bond and 4% Tax Credit program financing; and WHEREAS, on May 28, 2008, the City Council approved the pre-application waiver for the Project by Resolution No ; and WHEREAS, under the TDHCA rules in the 2008 Qualified Allocation Plan and Rules (QAP), (I) if the development is located in a municipality that has more than twice the State average of units per capita supported by Housing Tax Credits or private activity bonds, the applicant must obtain prior approval of the development from the governing body of the municipality, and (2) a new development proposing new construction that is located one linear mile or less from a Development that serves the same type of household as the new development; the applicant is eligible if the local government where the Development is to be located has by vote specifically allowed the construction of a new development located within one linear mile or less from a Development. Texas Department of Housing and Community Affairs funding for projects in the City of Dallas must be approved by the City Council. The resodution must include a written statement of support from the governing body referencing the state rule and authorizing an allocation of the Tax-exempt Bond and 4% Tax Credit financing; and WHEREAS, as a condition for being considered for the award of the Tax-exempt Bond and 4% Tax Credit financing, the Applicant has committed to renting 180 units or 100% of the units to elderly with household incomes capped at 60% or below the Area Median Family Income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI and 90 units or 50% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI, with two units which may be occupied by management or maintenance personnel. in compliance with the maximum Low lncome Mousing Tax Credit rents as published by the TDHCA; and WHEREAS, pursuant to Resolution No the Dallas City Council decided for the 12 month period beginning January 11, 2006 not to approve any new tax credit transactions or tax-exempt bond projects unless a pre-application waiver is granted by the City Council; and

6 COUNCIL CHAMBER June 11,2008 WHEREAS, the City Council has continued to require a pre-application waiver before approving any new tax credit transactions or tax-exempt bond projects; and WHEREAS, as a condition for being considered for the award of the Tax-exempt Bond and 4% Tax Credit, the owner of the project will expend a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services at no cost to the tenants, based on the needs of the tenants, to include some or all of the following: after-school and summer break care for children, health screenings, family counselingldomestic crisis intervention, computer education, emergency assistance, vocational guidance, and other social services and recreational activities; and that up to 50% of the social service requirement can be in the form of in-kind contributions, however approval for these in-kind services must be approved by the Housing Department; and WHEREAS, the City desires to consider the approval of the development of this housing project and, therefore approves the TDHCA Tax-exempt Bond and 4% Tax Credit pursuant to Sec (7j (A-Cj and Sec (8) (A-D) (iv) of the Qualified Allocation Plan subject to the conditions set forth herein, however, that the City's approval of the tax credit financing for this project shall be contingent upon, among other things, the appropriate zoning change to allow for the development of 180 residential units for seniors; NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF DALLAS: SECTION 1. That the City approves and supports the Texas Department of Housing and Community Affairs (TDHCA) Tax-exempt Bond and 4% Tax Credit financing for the Lakewest Senior Housing I, LP, Village at Lakewest Apartments I project pursuant to Sec (7) (A-C)) and Sec (8) (A-D) (iv) of the Qualified Allocation Plan subject to the conditions set forth herein, however, that the City's approval of the tax credit financing for this project shall be contingent upon, among other things, the appropriate zoning change to allow for the development of 180 residential units for seniors. The Lakewest Senior Housing I, LP, Village at Lakewest Apartments I, is a proposed new construction of 180 one-bedroom units for seniors with 13 units designated for persons with disabilities for Lakewest Senior Housing I, LP. SECTION 2. That the City's approval of the Tax-exempt Bond and 4% Tax Credit financing for this project will be contingent on, among other requirements, (I) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for and at no cost to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA); and,

7 COUNCIL CHAMBER June 11,2008 SECTION 2. continued (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City andlor deed restrictions ensuring that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing Department gives prior approval of the social service plan. SECTION 3. That the City's approval of the Tax-exempt Bond and 4% Tax Credit financing for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the Tax-exempt Bond and 4% Tax Credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Office of Development Services with regard to security related design standards. SECTION 5. That the City Manager is authorized to convey a copy of this resolution to the Applicant and the TDHCA with a written statement of support by the City Council referencing Section 50.5 (7) (A-C and Sec (8) (A-D) (iv) of the Qualified Allocation Plan, subject to the conditions set forth herein. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing Department City Attorney's Office Office of Financial ServicesiCommunity Development, 4FN

8 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: June 1 1,2008 COUNCIL DISTRICT(S): 3 DEPARTMENT: Housing CMO: A. C. Gonzalez, MAPSCO: 43M SUBJECT Authorize a resolution in support of the Texas Department of Housing and Community Affairs (TDHCA) Tax-exempt Bond and 4% Tax Credit financing pursuant to Section 50.5 (7) (A-C), and 50.5 (8) (A-D) (iv) of the Qualified Allocation Plan for the new construction of 180 one-bedroom units for seniors, with 13 units designated for persons with disabilities located at Morris Drive and Fishtrap Street for Village at Lakewest Apartments I I, Lakewest Senior Housing I, LP - Financing: No cost consideration to the City On December 28, 2007, Lakewest Senior Housing 11, LP ("Applicant") made application to the Texas Department of Housing and Community Affair's (TDHCA) for Village at Lakewest Apartments 11, a new 180 unit development for seniors. On March 21, 2008, Lakewest Senior Housing II, LP submitted a pre-application waiver for tax-exempt bonds and 4% tax credits on behalf of the Housing Options, lnc. a public facilities corporation created by the Dallas Housing Authority (DHA), intends to issue tax-exempt bonds through Housing Options, Inc. for this development. On January I, 2006, the City Council approved an item authorizing (1) amendments to the City of Dallas review criteria for multifamily project applications seeking City of Dallas approval and for tax-exempt mortgage revenue bond and/or low income housing tax credit financing and (2) prohibiting submission to the City of applications for approval of tax exempt mortgage revenue bonds and for low income tax credits for a 12-month period beginning January 11, 2006, unless the City Council grants a pre-application waiver.

9 BACKGROUND (Continuedl On January 23, 2008, the City Council approved amendments to the review criteria to add youth projects and to allow new construction of housing for low and moderate income households with priority given to Master Plan Developments, Mixed Income Developments and Transit Developments and authorized city staff to send a letter to the Texas Department of Housing and Community Affairs advising them of the changes advising and informing them that the City is willing to review applications on tax credit transactions individually, based on supply and demand needs in the project's submarket. Under the 2008 Qualified Allocation Plan Rules, if the proposed development is (1) located in a municipality that has more than twice the state average of units per capita supported by Housing Tax Credits or private activity bonds, the applicant must obtain prior approval of the development from the governing body of the municipality, and (2) a new development proposing new construction that is located one linear mile or less from a Development that serves the same type of household as the new development; the applicant is eligible if the local government where the Development is to be located has by vote specifically allowed the construction of a new development located within one linear mile or less from a Development. Texas Department of Housing and Community Affairs funding for projects in the City of Dallas must be approved by the City Council. The resolution must include a written statement of support from the governing body referencing the state rule and authorizing an allocation of the Tax-exempt Bond and 4% Tax Credit financing. On May 28, 2008, the City Council approved a pre-application waiver authorizing the Applicant to apply for allocation of Tax-exempt Bond and 4% Tax Credit financing for the new construction of 180 one-bedroom units for seniors of affordable housing. The Applicant has committed to renting 180 units or 100% of the units to tenants with household incomes capped at 60% or below the Area Median Family Income (AMFI) with rents affordable to seniors whose household incomes are 60% or below the AMFI and 90 units or 50% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI. Thirteen (13) units or 7% of the units will be designated for Persons with Disabilities. As a requirement for City approval of low income housing tax credits, the Applicant(s) are required to conduct a survey of the needs of the tenants as each tease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counselingldomestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. Agenda Date page 2

10 PRIOR ACTIONIREVIEW (Council, Boards, Commissions) On April 21, 2008, the Housing Committee was briefed. On May 28, 2008, the City Council approved by Council Resolution Number On June 2, 2008, the Housing Committee was briefed. FISCAL INFORMATION No cost consideration to the City. OWNERS DEVELOPER DHNLakewesQ Senior Housing 11, LF GSL Development, LLC Ann Lott, Executive Director - MAP Attached John Taylor, Owner and Managing Mernber Agenda Date page 3

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12 COUNCIL CHAMBER June 11,2008 WHEREAS, the Applicant, Lakewest Senior Housing II, LP (the "Applicant") submitted a pre-application waiver on March 25, 2008, seeking approval to apply for Tax-exempt Bond and 4% Tax Credit financing with the Texas Department of Housing and Community Affairs (TDHCA); and WHEREAS, on March 21, 2008, the Applicant submitted an application to the City of Dallas for the approval of TDHCA Tax-exempt Bond and 4% Tax Credit program financing; and WHEREAS, on May 28, 2008, the City Council approved the pre-application waiver for the Project by Resolution No ; and WHEREAS, under the TDHCA rules in the 2008 Qualified Aliocati~n Plan and Rules (QAP), (1) if the development is located in a municipality that has more than twice the State average of units per capita supported by Housing Tax Credits or private activity bonds, the applicant must obtain prior approval of the development from the governing body of the municipality, and (2) a new development proposing new construction that is located one linear mile or less from a Development that serves the same type of household as the new development; the applicant is eligible if the local government where the Development is to be located has by vote specifically allowed the construction of a new development located within one linear mile or less from a Development. Texas Department of Housing and Community Affairs funding for projects in the City of Dallas must be approved by the City Council. The resolution must include a written statement of support from the governing body referencing the state rule and authorizing an allocation of housing tax credits for the development; and Tax-exempt Bond and 4% Tax Credit financing; and WHEREAS, as a condition for being considered for the award of the Tax-exempt Bond and 4% Tax Credit financing, the Applicant has committed to renting 180 units or 100% of the units to elderly with household incomes capped at 60% or below the Area Median Family Income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI and 90 units or 50% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI, with two units which may be occupied by management or maintenance personnel, in compliance with the maximum Low Income Housing Tax Credit rents as published by the TDHCA; and WHEREAS, pursuant to Resolution No , the Dallas City Council decided for the 12 month period beginning January 11, 2006 not to approve any new tax credit transactions or tax-exempt bond projects unless a pre-application waiver is granted by the City Council: and

13 COUNCIL CHAMBER June WHEREAS, the City Council has continued to require a pre-application waiver before approving any new tax credit transactions or tax-exempt bond projects; and WHEREAS, as a condition for being considered for the award of the Tax-exempt Bond and 4% Tax Credit, the owner of the project will expend a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services at no cost to the tenants, based on the needs of the tenants, to include some or all of the following: after-school and summer break care for children, health screenings, family counselingldomestic crisis intervention, computer education, emergency assistance, vocational guidance, and other social services and recreational activities; and that up to 50% of the social service requirement can be in the form of in-kind contributions, however approval for these in-kind services must be approved by the Housing Department; and WHEREAS, the City desires to consider the approval of the development of this housing project and, therefore approves the TDWCA Tax-exempt Bond and 4% Tax Credit pursuant to Sec (7) (A-C) and Sec (8) (A-D) (iv) of the Qualified Allocation Plan subject to the conditions set forth herein, however, that the City's approval of the tax credit financing for this project shall be contingent upon, among other things, the appropriate zoning change to allow for the development of 180 residential units for seniors; NOW, THEREFORE, BE IT RESOLVED BY THE C IN COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City approves and supports the Texas Department of Housing and Community Affairs (TDHCA) Tax-exempt Bond and 4% Tax Credit financing for the Lakewest Senior Housing II, LP, Village at Lakewest Apartments II project pursuant to Sec (7) (A-C)) and Sec (8) (A-D) (iv) of the Qualified Allocation Plan subject to the conditions set forth herein, however, that the City's approval of the tax credit financing for this project shall be contingent upon, among other things, the appropriate zoning change to allow for the development of 180 residential units for seniors. The Lakewest Senior Housing il, LP, Village at Lakewest Apartments 11, is a proposed new construction of 180 one-bedroom units for seniors with 13 units designated for persons with disabilities for Lakewest Senior Housing I!, LP. SECTION 2. That the City's approval of the Tax-exempt Bond and 4% Tax Credit financing for this project will be contingent on, among other requirements, (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for and at no cost to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA); and,

14 COUNCIL CHAMBER June 1 1,2008 SECTION 2. continued (3) if the LUW does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City andlor deed restrictions ensuring that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing Department gives prior approval of the social service plan. SECTION 3. That the City's approval of the Tax-exempt Bond and 4% Tax Credit financing for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the Tax-exempt Bond and 4% Tax Credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Office of Development Services with regard to security related design standards. SECTION 5. That the City Manager is authorized to convey a copy of this resolution to the Applicant and the TDHCA with a written statement of support by the City Council referencing Section 50.5 (7) (A-C and Sec (8) (A-D) (iv) of the Qualified Allocation Plan, subject to the conditions set forth herein. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing Department City Attorney's Office Office of Financial ServiceslCommunity Development, 4FN

15 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: June 1 1,2008 COUNCIL DISTRICT(S): 7 DEPARTMENT: Housing CMO: A. C. Gonzalez, MAPSCO: 56C G SUBJECT Authorize acquisition of two vacant lots located at 2432 Hooper Street and Bexar Street for the proposed Bexar Street Redevelopment Project which is being implemented as part of the Neighborhood lnvestment Program (list attached) - $31,700 including estimated closing costs - Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of a vacant lot at 2432 Hooper Street for $12,500 and Bexar Street for $15,200. The acquisitions will be used for the proposed Bexar Street Redevelopment Project which is being implemented as part of the Neighborhood lnvestment Program - Census Tract The total consideration of $27,700 is based upon independent appraisals. Closing costs are estimated to be approximately $2,000 for each property. PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $31,700 including estimated closing costs - MAP Attached

16 Bexar Street Redevelopment Project Parcel Offer Council - No. Owner Property Address Amount Mapsco District W19 Pamela E. Hill, 2432 Hooper Street $1 2,500 56C 7 Marian R. Ogletree, Sharon Y. Ellison, Eleanor G. Ellison & Brittany McLeod C17 Ronald E. Epperson Bexar Street $15,200 56G 7

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18 COUNCIL CHAMBER June 11,2008 BE IT RESOLVED BY THE DALLAS CITY COUNCIL. OF THE CITY OF DALLAS: SECTION I. That for the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas. "PROJECT": Bexar Street Redevelopment Project as part of the Neighborhood Investment Program - Census Tract "PROPERTY": Described in Exhibit A, attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee Simple "OWNER(S)" and "OFFER AMOUNT": Described in Exhibit A, attached hereto and made a part hereof for all purposes. SECTION 2. That it is hereby determined that public necessity requires that the ClTY should acquire the PROPERTY INTEREST under, over and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST, the Director of Development Services, or such employee as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the ClTY determines to appropriate the PROPERTY INTEREST under, over and across the PROPERTY for the PROJECT under the provisions of the Charter of the City of Dallas. SECTION 5. That in the event the OWNER accepts the OFFER AMOUNT as authorized herein, the City Controller is authorized to draw a warrant in favor of the OWNER, or the then current owner of record, in the OFFER AMOUNT payable from the funding as shown below, for the properties shown on Exhibit A,

19 COUNCrL CHAMBER June 1 1,2008 SECTION 5. continued North American Title Company VENDOR # FUND DEPT -- UNIT OBJ ACTIVITY PROGRAM# AMOUNT 7T52 HOU T AQDM BEXAROI $12,500 Republic Title of Texas VENDOR # FUND DEPT -- UNIT OBJ ACTIVITY PROGRAM# AMOUNT 7T52 HOU T ADQM BEXAROI $1 5,200 SECTION 6. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs in an estimated amount of $4,000. North American Title Company VENDOR # FUND DEPT -- UNIT OBJ ACTIVITY PROGRAM# AMOUNT 7T52 HOU T ADQM HOUBEXAROI $2,000 Republic Title of Texas VENDOR # FUND DEPT -- UNIT OBJ ACTIVITY PROGRAM# AMOUNT 7T52 HOU T ADQM HOUBEXAROI $2,000

20 COUNCIL CHAMBER June 11,2008 SECTlON 7. That the term OWNER in this resofution means all persons having an ownership interest in the PROPERTY regardless of whether those persons are actually named in Section 1. in the event of a conflict between this section and Section I, this section controls. SECTION 8. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved DISTRIBUTION: Housing Department City Attorney's Office Office of Financial Services/Community Development, 4FS

21 Bexar Street Redevelopment Project - Pa rcei Offer Csuplcii No. Owner Propertv Address Amount Mapsco District W19 Pam E. Hill, 2432 Hooper Street $12,500 56C 7 Marian R. Ogletree, Sharon Y. Ellison, Eleanor G. Ellison & Brittany McLeod Cl Ronald E. Epperson Bexar Street $1 5,200 56G 3

22 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: June 1 1,2008 COUNCIL DISTRfCT(S): 7 DEPARTMENT: Housing CMO: A. C. Gonzalez, MAPSCO: 55B SUBJECT Authorize (I) the release of non-tax City liens against five privately held vacant properties located at 402 Bobbie Street, 411 Hart Street, 507 N. Moore Street, 511 N. Moore Street and 515 N. Moore Street, in exchange for Texas Heavenly Homes, Ltd. providing an unsecured promissory note in the amount of the non-tax liens, estimated to be $2,394 for the property at 402 Bobbie Street, $1,566 for the property at 411 Hart Street, $1,409 for the property at 507 N. Moore Street, $1,061 for the property at 511 N. Moore Street and $2,266 for the property at 515 N. Moore Street, paying all delinquent taxes, penalties and interest on the properties, and providing affordable housing on each property for low-income households in accordance with the City's Land Transfer Policy and Program Statement and (2) an exception to the City's Land Transfer Policy and Program Statement extending the development period from 2 years to 4 years of release of non-tax liens - Estimated revenue foregone: $8,696 BACKGROUND Texas Heavenly Homes, Ltd. (THH), a private developer and homebuilder, has entered into contracts for sale with the property owner to purchase five (5) vacant properties. THH is anticipating closing on the properties on or before July 31, THH submitted the appropriate proposals to the City requesting the release of non-tax liens against privately held vacant properties. THH proposes to pay-off the delinquent property taxes, penalties and interest on the properties at closing and develop affordable housing on the properties in exchange for the City's releasing non-tax liens. There is approximately $2, in delinquent property taxes, penalties and interest, and approximately $2, in City liens for the removat of weeds against the property at 402 Bobbie Street. There is approximately $ in delinquent property taxes, penalties and interest, and approximately $1, in City liens for the removal of weeds against the property at 41 1 Hart Street. There is approximately $1, in delinquent property taxes, penalties and interest, and approximately $1, in City liens for the removal of weeds against the property at 507 N. Moore.

23 BACKGROUND (continued) There is approximately $1, in delinquent property taxes, penalties and interest, and approximately $1, in City liens for the removal of weeds against the property at 51 1 N. Moore Street. Also, there is approximately $1, in delinquent property taxes, penalties and interest, and approximately $2, in City liens for removal of weeds against the property at 51 5 N. Moore Street. THH proposes to construct five (5) houses (three bedrooms and two baths) on the properties for sale at approximately $90,000 to $125,000 each to low-income homebuyers. Evidence of having pre-qualified homebuyers acceptable to the City with income at 80% or below of the Area Median Family Income is required prior to the qualified entity obtaining interim construction loan financing from its lender. THH is requesting an exception to the City's Land Transfer Policy and Program Statement which will extend the development period from 2 years to 4 years of release of nsn-tax liens. This extra time wiii ailow them to assemble a sufficient number of properties in order to begin the development. The anticipated commencement date of construction is January However, the construction of each house would be completed within 4 years of releasing the non-tax liens. THH will execute an unsecured note payable to the City in the amount of the non-tax liens, which will be released upon the sale of each house to low-income homebuyers. The improved properties will also be deed restricted as affordable housing for five (5) years. PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action FISCAL INFORMATION Estimated revenue foregone: $8,696 - MAP Attached Agenda Date page 2

24 i MAPSCO 555 1

25 COUNCIL CHAMBER June 11,2008 WHEREAS, Texas Heavenly Homes, Ltd. (THH) submitted 5 written requests (Proposals) asking the City to release the non-tax weed liens on the five (5) unimproved privately held properties located at 402 Bobbie Street, 411 Hart Street, 507 N. Moore Street, 511 N. Moore Street and 515 N. Moore Street (Properties), in exchange for paying delinquent property taxes, penalties and interest and development of one (1) affordable house on each property; and WHEREAS, the Seller's deed to each Property will contain: (1) a requirement that THH develop one (1) unit on each property as affordable housing for low-income households, within four (4) years of release of non-tax liens, (2) a requirement that THH transfer title to and secure occupancy of the improved property by low-income households (households whose incomes are at or below 80% of area median income) within four (4) years of release of non-tax liens, (3) deed restrictions on the Property, acceptable to the City, requiring the improved property to remain affordable to low-income households for five (5) years after initial occupancy, (4) right assigned to the City to acquire the Property in the event THH does not timely develop and sell the improved Property, in accordance with the Proposal, to low-income individuals or families whose income qualifications have been approved by the City; and WHEREAS, THH will pay delinquent property taxes, penalties and interest owed to all taxing units at or prior to its closing of the purchase of each Property; and WHEREAS, simultaneous with the release of non-tax liens on a Property, THH will execute an unsecured promissory note for the value of the non-tax liens which will be released at closing of the sale of the affordable housing unit to a low-income household; and WHEREAS, THH will provide income information to the City on the homebuyers of 402 Bobbie Street, 41 1 Hart Street, 507 N. Moore Street, 51 1 N. Moore Street and 51 5 N. Moore Street for verification and approval, prior to the time that THH obtains interim construction loan financing from its lender; NOW, THEREFORE; BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF DALLAS: Section I. That the City Manager, or designee, is authorized to execute a lien release in the original principal amount of $1, for weed liens, including an additional estimated $ in penalties and interest accruing to the date of closing, on the privately-owned unimproved property at 402 Bobbie Street, and such releases to be approved as to form by the City Attorney and attested by the City Secretary.

26 COUNCIL CHAMBER June 1 1,2008 Section 2. That the City Manager, or designee, is authorized to execute a lien release in the original principal amount of $1, for weed liens, including an additional estimated $ in penalties and interest accruing to the date of closing, on the privately-owned unimproved property at 411 Hart Street, and such releases to be approved as to form by the City Attorney and attested by the City Secretary. Section 3. That the City Manager, or designee, is authorized to execute a lien release in the original principal amount of $1, for weed liens, including an additional estimated $ in penalties and interest accruing to the date of closing, on the privately-owned unimproved property at 507 N. Moore Street, and such releases to be approved as to form by the City Attorney and attested by the City Secretary. Section 4. That the City Manager, or designee, is authorized to execute a lien release in the original principal amount of $ for weed liens, including an additional estimated $ in penalties and interest accruing to the date of closing, on the privately-owned unimproved property at 51 1 N. Moore Street, and such releases to be approved as to form by the City Attorney and attested by the City Secretary. Section 5. That the City Manager, or designee, is authorized to execute a lien release in the original principal amount of $1, for weed liens, including an additional estimated $ in penalties and interest accruing to the date of closing, on the privately-owned unimproved property at 515 N. Moore Street, and such releases to be approved as to form by the City Attorney and attested by the City Secretary. Section 6. That the City Manager, or designee, is authorized to deliver the non-tax lien release for a Property to THH, contingent upon: (1) payment of delinquent property taxes, penalties and interest on that Property (2) issuance of title insurance to THH with any liens acceptable to the City, (3) the consent of any lien-holders to deed restrictions executed on that Property, (4) approval of the seller's deed and deed restrictions for that Property by the City Attorney, and (5) execution of unsecured promissory note by THH for the value of the non-tax liens that will be released at closing of the sale of the affordable housing unit on that Property to low-income households. Section 7. That the Seller's deed to each Property will contain: (1) a requirement that THH develop one (1) unit on each property as affordable housing for low-income households within four (4) years of release of non-tax liens, (2) a requirement that THH transfer title to and secure occupancy of the improved property by low-income households (households whose incomes are at or below 80% of area median income) within four (4) years of release of the non-tax liens, (3) deed restrictions on the Property, acceptable to the City, requiring the improved Property to remain affordable to low-income households for five (5) years after initial occupancy,

27 COUNCIL CHAMBER June 11,2008 Section 7, continued (4) right assigned to the City to acquire the Property in the event THH does not timely develop and sell the improved property, in accordance with the proposals, to low-income individuals or families whose income qualifications have been approved by the City. Section 8. That the City's acceptance of the written request does not obligate the City of Dallas to provide any funding for the development of the Properties. Section 9. That THH is prohibited from selling the Properties to any person who has been delinquent on City taxes or non-tax accounts in the preceding 5 years. Section 10. That the City Manager, or designee, is authorized to release the unsecured promissory note in the estimated amount sf $2, for the property at 402 Bobbie Street, $1, for the property at 411 Hart Street, $1, for the property at 507 N. Moore Street, $1, for the property at 511 N. Moore and $2, for the property at 515 N. Moore Street for the value of the non-tax liens upon THH1s compliance with the sale of the respective improved property at 402 Bobbie Street, 411 Hart Street, 507 N. Moore Street, 511 N. Moore Street and 515 N. Moore Street to approved low-income households within four (4) years of the date of release of the non-tax liens. Section 11. That the City Manager, or designee, is authorized to execute instruments, approved as to form by the City Attorney, terminating the deed restrictions to each Property and releasing the City's right to forfeiture of each Property upon compliance with the terms of the instruments. Section 12. That an exception to the City's Land Transfer Policy and Program Statement is authorized which will extend the development period from 2 years to 4 years of release of non-tax liens. Section 13. That this resolution shall take effect immediately from and after its passage, in accordance with tre provisions of the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing Department City Attorney's Office Office of Financial SenlicesfCommunity Development, 4FN Office of Property Management

28 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: June 1 1,2008 COUNCIL DISTRICT(S): DEPARTMENT: 2,5,f, 8 Housing CMO: A. C. Gonzalez, MAPSCO: 46G 46V 46Y 55B 57R 65R SUBJECT Authorize the reconstruction on-site of six homes in accordance with the Reconstruction/SHARE Program Statement requirements for the properties located at Lindsley Avenue in the amount of $87,500, 3827 Herrling Street in the amount of $87,500, 3912 Kynard Street in the amount of $87,500, 2617 Pall Mall Avenue in the amount of $87,500, 653 Elwayne Avenue in the amount of $86,500 and 436 Hart Street in the amount of $85,238 - Total not to exceed $521,738 - Financing: HOME Funds ($4,780); and Community Development Grant Funds ($516,958) BACKGROUND On November 12, 2007, City Council approved an amendment to the Program Statement for the Home Repair Program which authorizes loans for reconstruction on-site of new homes to low-income homeowners in Dallas earning less than 50% Citywide and 80% in NIP areas of Area Median Family Income (AMFI). On April 23, 2008, City Council approved an amendment to the Program Statement for the ReconstructionlSHARE program to provide to the home owners up to $5,900 of the maximum $87,500 for an amenities package. Maximum Program funding is up to $87,500 for a new home on-site approximately 1200 sq ft. City Council authorization is also required prior to proceeding with reconstruction on-site when all of the following conditions exist: (a) repairs necessary to meet the City's locally adopted Housing Rehabilitation Standards or Federal Housing Quality Standards and all applicable codes cannot be accomplished within the program funding limits; (b) the conditions of the home create an imminent danger to the life, health andlor safety of the residents andlor the neighborhood; and (c) repairs are not feasible in that they will not extend the life of the repaired structure beyond 15 years.

29 BACKGROUND (continued) The foltowing homeowners and properties described are eligible for a loan to reconstruct the home on-site: Rosa Mary Rodriguez, a 59 year-old disabled female residing at Lindsley Avenue; an elderly couple 1. B. Baiiey, 80 years old and his wife Ola Bailey, 70 years old residing at 3827 Herrling Street; Era Boyd an 84 year old elderly female residing at 3912 Kynard Street; Betty Johnson a 70 year old widowed female residing at 2617 Pall Mall Avenue; an elderly couple Edgar Rarnsey, 82 years old and his wife Wanda Ramsey 77 years old residing at 653 Elwayne Avenue; and Myrtis Scott a 69 year old elderly female residing at 436 Hart Street; are at 46% and below AMFI, and are eligible for a loan to reconstruct the homes on-site. This action pr~vides authority to proceed with reconstruction of 6 single-family home(s) on-site, as all conditions noted above have been met. PRIOR ACTlONlREVlEW (COUNCIL, BOARDS, COMMISSIONS) On October 28, 1998, the City Council authorized the Program Statement authorizing the Housing Department to implement the Home lmprovement Loan Program and included clarification of procedures for reconstruction on-site under certain conditions by Council Resolution No On August 23, 2000, the City Council authorized approval of the Program Statement for the Home lmprovement Loan Program by Resolution No On June 27, 2001, the City Council authorized approval of a program statement for the Home Repair Program by Resolution No On August 14, 2002, the City Council authorized the Program Statement for the Home Repair Program by Resolution No On October 23, 2002, the City Council authorized the Program Statement for the Home Repair Program by Resolution No On October 22, 2003, the City Council authorized the Program Statement for the Replacement and SHARE Housing Program by Resolution No On June 23, 2004, the City Council authorized an amendment to the Program Statement for the Replacement and SHARE Housing Program by Resolution No On October 18, 2004, the Housing and Neighborhood Development Committee recommended increasing the Maximum loan for a replacement home to $70,000. Agenda Date 06/11/ page 2

30 PRIOR ACTIONIREVIEW (COUNCIL, BOARDS. COMMISSIONS) (continued) On November 10, 2004, the City Council authorized an amendment to the Program Statement for the Replacement and SHARE Housing Program to increase the maximum amount to $70,000 by Resolution No On November 12, 2007, the City Council authorized the Program Statement authorizing the Housing Department to implement the ReconstructionlSHARE Program Statement for reconstruction on-site under certain conditions for assistance up to $87,500 by Council Resolution No On April 23, 2008 the City Council authorized an amendment to the ReconstructionlSHARE Program Statement to add an amenities package up to $5,900 by Resolution No FISCAL INFORMATION HOME Funds - $4, Community Development Grant Funds - $516,958 Council District 2 - $87,500 Council District 5 - $86,500 Council District 7 - $260,238 Council District 8 - $87,500 Attached Agenda Date page 3

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37 COUNCIL CHAMBER June I I, 2008 WHEREAS, on October 28, 1998, the City Council authorized the Program Statement authorizing the Housing Department to implement the Home lmprovement Loan Program and included clarification of procedures for reconstruction on-site under certain conditions by Council Resolution No ; and WHEREAS, on August 23, 2000, the City Council authorized approval of the Program Statement for the Home lmprovement Loan Program by Resolution No ; and WHEREAS, on June 27, 2001, the City Council authorized approval of a program statement for the Home Repair Program by Resolution No ; and WHEREAS, on August 14, 2002, the City Council authorized the Program Statement for the Home Repair Program by Resolution No ; and WHEREAS, on October 23, 2082, the City Council authorized the Program Statement for the Home Repair Program by Resolution No ; and WHEREAS, on October 22, 2003, the City Council authorized the Program Statement for the Replacement and SHARE Housing Program by Resolution No ; and WHEREAS, on June 23, 2004, the City Council authorized an amendment to the Program Statement for the Replacement and SHARE Housing Program by Resolution No ; and WHEREAS, on October 18, 2004, the Housing and Neighborhood Development Committee recommended increasing the Maximum loan for a replacement home to $70,000; and WHEREAS, on November 10, 2004, the City Council authorized an amendment to the Program Statement for the Replacement and SHARE Housing Program to increase the maximum amount to $70,000 by Resolution No ; and WHEREAS, on November 12, 2007, the City Council approved a Program Statement for the ReconstructionISHARE Program; and WHEREAS, the homeowners described made application to the Home Repair Program; and Rosa Mary Rodriguez, Lindsley Avenue; L. B. Bailey 8 wife Ola Bailey, 3827 Herrling Street; Era Boyd, 3912 Kynard Street; Betty Johnson, 2617 Pall Mail Avenue; Edgar Ramsey & wife Wanda Ramsey, 653 Elwayne Avenue; and Myrtis Scott, 436 Hart Street: and

38 COUNCIL CHAMBER June 1 1,2008 WHEREAS, all three conditions outlined in the ReconstructionlSHARE Program Statement for reconstnrction of a home on-site have been met for the property owner(s) Rosa Mary Rodriguez, L. 5. Bailey & wife Ola Bailey, Era Boyd, Betty Johnson, Edgar Ramsey & wife Wanda Ramsey, and Myrtis Scott; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION I. That the applications and properties from homeowners described for a reconstruction loan be approved under the ReconstructionlSHARE Program: Rosa Mary Rodriguez, Lindsley Avenue: L. B. Bailey & wife Ola Bailey, 3827 Herrling Street; Era Boyd, 3912 Kynard Street; Betty Johnson, 2617 Pall Mall Avenue; Edgar Ramsey & wife Wanda Ramsey, 653 Elwayne Avenue; and Myrtis Scott, 436 Hart Street. SECTION 2. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute loan documents with Ms. Rosa Mary Rodriguez, Mr. L. B. Bailey & wife Ola Bailey, Ms. Era Boyd, Ms. Betty Johnson, Mr. Edgar Ramsey & wife Wanda Ramsey and Ms. Myrtis Scott for reconstruction on-site of homes to be located at tindsley Avenue, 3827 Herrling Street, 3912 Kynard Street, 2617 Pail Mall Avenue, 653 Elwayne Avenue and 436 Hart Street. SECTION 3. That the City Controller is authorized to make payments for reconstruction of the homes in accordance with the funding information listed according to: FundCD07 Dept HOU, Unit 2894, Obj 3100 CTHOU2894H049 Vendor # $87, Lindsley Avenue FundCDO7 Dept HOU, Unit 2894, Obj 3100 CTHOU2894H046 Vendor # VS $87, Herrling Street Fund CDO7 Dept HOU, Unit 2894, Obj 3100 CTHOU2894H051 ($82,720) Fund HMO6 Dept HOU, Unit 3979, Obj 3100 CT HOU3979H051 ($4,780) Vendor # $87, Kynard Street. Fund CD07 Dept HOU, Unit 2894, Obj 3100 CT HOU2894H048 Vendor # $87, Pall Mall Avenue Fund CD07 Dept HOU, Unit 2894, Obj 3100 CT HOU2894H050 Vendor # $86, Elwayne Avenue FundCD07 Dept HOU, Unit 2894, Obj 3100 GTHOU2894H047 Vendor # $85, Hart Street