is two...cmo: a. c. gonzalez, 671-8925 mapsco: 55f subject authorize (1) approval of the development...

KEY FOCUS AREA: Economic Vibrancy

AGENDA DATE: August 12, 2009

COUNCIL DISTRICT(S): 4

DEPARTMENT: Housing

CMO: A. C. Gonzalez, 671-8925

MAPSCO: 55F

SUBJECT

Authorize (1) approval of the development plan submitted to the Dallas HousingAcquisition and Development Corporation by Sphinx Development Corporation for theconstruction of affordable houses, (2) the sale of 6 vacant lots from Dallas HousingAcquisition and Development Corporation to Sphinx Development Corporation; and, (3)execution of a release of non-tax liens included in the foreclosure judgment andpost-judgment non-tax liens, if any (list attached) — Financing: No cost consideration tothe City

BACKGROUND

On August 3, 2009, the Housing Committee received a briefing regarding the UrbanLand Bank Demonstration Program which outlined the process and status of theprogram. The areas targeted for acquisition to achieve the desired goals under theprogram were identified.

Consistent with the program briefed in the Housing Committee, the staff requestedproposals for the construction of affordable houses. Since there was not an existingnon-profit organization in the area with a right of first refusal, proposals were requestedfrom both non-profit and for profit organizations. Proposals were received from twoorganizations, East Dallas Community Organization and Sphinx DevelopmentCorporation (Sphinx).

Sphinx submitted a proposal and development plan to Dallas Housing Acquisition andDevelopment Corporation (DHADC or Land Bank) for 6 lots shown on the attached list.The DHADC Board has approved the development plan and sale, subject to CityCouncil approval. This item will authorize City Council approval of the development plansubmitted by Sphinx to the City’s Land Bank, the sale of those lots from DHADC toSphinx and the release of non-tax liens included in the foreclosure judgment andpost-judgment non-tax liens, if any.

BACKGROUND (continued)

The vacant lots were purchased by DHADC from a Sheriff’s sale pursuant toforeclosure of tax liens and any non-tax liens. DHADC’s Deed without Warranty toSphinx will contain a reverter that returns the property to DHADC if a constructionpermit is not applied for by Sphinx and construction financing is not closed within twoyears of conveyance. Sphinx will build affordable houses on the lots. The approximatesquare footage and sales prices of the houses will be from 1,200 to 1,700 square feetand from $100,000 to $160,000.

The lots will be deed restricted for sale to a low income family and will require at least25 percent of the developed homes to be sold to households with gross householdincomes not greater than 60 percent of the Area Median Family Income (AMFI) asdetermined annually by HUD. A maximum of 30 percent of the developed homes maybe sold to households with gross incomes from 81 percent to 115 percent of the AMFIas determined annually by HUD. If 30% of the homes are sold to buyers at 81 percentto 115 per cent of the AMFI, the remaining homes will be sold to buyers below 81 percent of the AMFI and in compliance with the minimum 25 per cent requirement to sell tobuyers below 60 per cent of the AMFI. DHADC will receive $24,436.08 for the salesprice, as calculated from the 08-09 Land Bank Plan approved by City Council.

In June 18, 2003, Governor Perry signed the Urban Land Bank Demonstration ProgramAct. The Act allows the governing body of a municipality to adopt an Urban Land BankDemonstration Program in which the officer charged with selling real property orderedsold pursuant to foreclosure of a tax lien may sell certain eligible real property by privatesale to a land bank for the purpose of affordable housing developments.

PRIOR ACTION/REVIEW (Council, Boards, Commissions)

On January 28, 2004, the City Council established the Dallas Housing Acquisition andDevelopment Corporation (DHADC) as its land bank, authorized amendments to theArticles of Incorporation and By-Laws of the DHADC, and authorized an interlocalcontract with the affected taxing jurisdictions for participation in the Dallas Urban LandBank Demonstration Program by Resolution No. 04-0458.

On May 26, 2004, the City Council authorized a contract with DHADC for the provisionof land bank services as set forth in the amended Program Statement for the DallasUrban Land Bank Demonstration Program by Resolution No. 04-1726.

On October 13, 2004, the City Council approved the City of Dallas FY 2004-05 UrbanLand Bank Demonstration Program Plan and authorized an amendment to the DHADCContract to provide additional operating and acquisition funds for FY 2004-05 byResolution No. 04-2930.

Agenda Date 08/12/2009 - page 2

PRIOR ACTIONIREVIEW (Council, Boards, Commissions) (continued)

On August 24, 2005, the City Council authorized an amendment to the contract withDHADC to extend the term to November 1, 2006 and to allow the City to refer up to 625parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March 26,2006 by Resolution No. 05-2474.

On August 24, 2005, the City Council approved the City of Dallas FY 2005-06 UrbanLand Bank Demonstration Program by Resolution No. 05-2501.

On January 11, 2006, the City Council authorized an amendment to the City of DallasFY 2005-06 Urban Land Bank Demonstration Program Plan to increase the list ofproperties in the plan that may become eligible for sale to the Land Bank by ResolutionNo. 06-0162.

On October 11, 2006, the City Council approved the City of Dallas FY 2006-07 UrbanLand Bank Demonstration Program Plan by Resolution No. 06-2785.

On December 13, 2006, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2007 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2007 by Resolution No. 06-3403.

On August 22, 2007, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2008 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2008 by Resolution No. 07-2385.




On April 8, 2009, the City Council approved an amendment to the City of Dallas FY2008-09 Urban Land Bank Demonstration Program Plan to allow rental housing unitson Land Bank lots and/or rental housing units above retail development on Land Banklots by Resolution No. 09-0981.


FISCAL INFORMATION

No cost consideration to the City.

MAP

Attached

Agenda Date 08/12/2009 page 4

Land Bank (DHADC) Sale of 6 Lotsto Sphinx Development Corporation

Property CouncilAddress Mapsco District

1. 229AvenueA 55F 42. 426AvenueA 55F 43. 43OAvenueA 55F 44. 1530 Compton 5SF 45. 1503 Doyle 55F 46. 1507 Doyle 55F 4

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COUNCIL CHAMBER

August 12, 2009

WHEREAS, on January 28, 2004, the City CounCil established the Dallas HousingAcquisition and Development Corporation (DHADC) as its land bank for the purpose ofacquiring, holding and transferring unimproved real property under Subtitle A, Title 12,Local Government Code, Chapter 379C and: 1) approved the City of Dallas Urban LandBank Demonstration Program Plan; 2) approved the Program Statement for the DallasUrban Land Bank Demonstration Program; 3) authorized amendments to the Articles ofIncorporation and By-Laws of the DHADC; and 4) authorized an interlocal contract withthe affected taxing jurisdictions for participation in the Dallas Urban Land BankDemonstration Program by Resolution No. 04-0458; and

WHEREAS, on May 26, 2004, the City Council authorized a contract with the DHADCfor the provision of land bank services as set forth in the amended Program Statementfor the Dallas Urban Land Bank Demonstration Program approved by the City Councilon January 28, 2004 by Resolution No. 04-1726; and

WHEREAS, on October 13, 2004, the City Council approved the City of Dallas FY2004-05 Urban Land Bank Demonstration Program Plan and authorized an amendmentto the DHADC Contract to provide additional operating and acquisition funds for FY2004-05 by Resolution No. 04-2930; and

WHEREAS, on August 24, 2005, the City Council authorized an amendment to thecontract with DHADC to extend the term to November 1 2006 and to allow the City torefer up to 625 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 26, 2006 by Resolution No. 05-2474; and

WHEREAS, on August 24, 2005, the City Council approved the City of Dallas FY2005-06 Urban Land Bank Demonstration Program Plan by Resolution No. 05-2501;and

WHEREAS, on January 11, 2006, the City Council authorized an amendment to theCity of Dallas FY 2005-06 Urban Land Bank Demonstration Program Plan to increasethe list of properties in the plan that may become eligible for sale to the Land Bank byResolution No. 06-0162; and

WHEREAS, on October 11, 2006, the City Council approved the City of Dallas FY2006-07 Urban Land Bank Demonstration Program Plan by Resolution No. 06-2785;and

WHEREAS, on December 13, 2006, the City Council authorized an amendment to thecontract with DHADC to extend the term to September 30, 2007 and to allow the City torefer up to 300 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 31, 2007 by Resolution No. 06-3403; and

COUNCIL CHAMBER

August 12, 2009

WHEREAS, on August 22, 2007, the City Council authorized an amendment to thecontract with DHADC to extend the term to September 30, 2008 and to allow the City torefer up to 300 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 31, 2008 by Resolution No. 07-2385; and


WHEREAS, on August 27, 2008, the City Council authorized an amendment to thecontract with DHADC to extend the term to September 30, 2009 and to allow the City torefer up to 300 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 31, 2009 by Resolution No. 08-2257: and


WHEREAS, on April 8, 2009, the City Council approved an amendment to the City ofDallas FY 2008-09 Urban Land Bank Demonstration Program Plan to allow rentalhousing units on Land Bank lots and/or rental housing units above retail developmenton Land Bank lots by Resolution No. 09-0981: and

WHEREAS, Sphinx Development Corporation (Sphinx) submitted a proposal anddevelopment plan to DHADC for 6 lots shown on Exhibit A” and the DHADC Board hasapproved the development plan and sale, subject to City Council approval; and

WHEREAS, the City Council desires to approve the development plan shown on Exhibit“B” submitted by Sphinx and authorize the sale of the said 6 lots from DHADC to Sphinxto build affordable houses; NOW, THEREFORE;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That the development plan shown on Exhibit “B” submitted by Sphinx andthe sale of 6 lots shown on “Exhibit A” from DHADC to Sphinx is approved.

SECTION 2. That the City Manager, upon approval as to form by the City Attorney, isauthorized to execute a release of lien for any non-tax liens included in the foreclosurejudgment and any non-tax liens that may have been filed by the City post-judgment onthe lots shown on “Exhibit A”.

COUNCIL CHAMBER

August 12, 2009

SECTION 3. That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.

DISTRIBUTION:Housing DepartmentCity Attorney’s OfficeOffice of Financial Services, 4FN

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LXI JIBIT BSECTION II: DEVELOPMENT PLAN

A. DESCRIPTION OF THE LAND REQUESTED FOR DEVELOPMENT

(1 Number of lots requested in this proposal. 7jjtssnce One has been redeemedj

(2) Land Bank name Far this parcel of lots. South Dallas (Fiji Street) —No.2

(3) Provide the property address arid legal description of the land requested (attach extra sheets ifnecessarv)(the Propertv”y

See Attached Exhibit

B. DESCRIPTION OF PROPOSEI) 110 CSES ENTITY WILL COSTRUCT

At least 25% of the Land Bank properties sold during any given fiscal year to he developed shall be deedrestricted for sale to house holds with gross annual incomes not greater than 60% of AMF1. No more than30% of the Land Bank properties sold during any given fiscal year to be developed shall be deed restrictedfor sale to households with gross annual incomes between 81% and II 5% of AMFI, (At least 70% of theLand Bank properties sold during any fiscal year to he developed shall be deed restricted for sale tohouseholds with gross annual incomes at 80% AMI’i or less.)

Single Family Home (to he sold to low income households at 60% or less of AMFI):

Number of homes to be built on lots 2(lhornesinceoneJothas been redeemed)Square Footage of each home i.Q0 — 1.700Number of Bedrooms/Baths in each home 32,5—3.5Number of G ii iges — ‘sumbcr of C uipoits 2 Detached — AttachedType of Exterior Veneer Masonry Which sides All SidesYour Sales Price ranges without Subsidies to Qualified Low income Buyer $ 100.000—5160.000

Single Family Home (to be SOl(l to low income households at 80% or less of AMFI):

Number of homes to be built on lots 4Square Footage of each home L200 — I .700Number of Bedrooms/Baths in each home 3i2.5-3.5Number of Garages Number of Carports 2 Detached Attachedivpe of Exterior Veneer Masonrx \\ hich sides All SidesYour Sales Price ran2es without Subsidies to Qualified Loss Income l3uyer $1OQQ00-S 160,000

Single Family Home (to be sold to low income households between 81% and II 5% of AMFI):

Number of homes to be built on lots ISquare Footage of each home 1200 1.700Number of Bedrooms Baths in cat’ 0 home 32.5—3.5\ imoi of (T9taac’, \umbci c. I ( iipo Is 2 Dc ICOLd — \ttachcd

I pe of Exterior Veneer Masonr Which sides All SidesYour Sales Price ranges s ithout Subsidies to Qualified 1 .oss Income Buyer 5100.000_—S I 60.000

Attach extra sheet(s) breaking out above information fir each different model of home.

EXFI I lilT B

C. CONSTRUCTION TIMETABLE

State the number of days it si1l take von to complete construction and sale of improved Property from thedate of obtaining the executed deed from DiIAI)C Attach a schedule. if ou desire. The deed conveyingproperty sold h\ l)FIADC viII include a riht ol rcverter so thai if the hntlt\ does not apply for aconstruction permit and close on any construction tnancing within a t o year period fld Jovine the date ofcons eance of the property from the [)lIADC to the [/ntitv. tile property will revert to the DI-[ADC forsubsequent resale.

Commencement of Lonstruction 12/2009Completion of Construction 09/2010Sale of first affordable housing unit to low income households 365 daysSate of Isst attoidtble unit to loss ncome houscholds ‘20 d ts c




DEPARTMENT: Housing

CMO: A. C. Gonzalez, 671-8925

MAPSCO: 43H M 44E N

SUBJECT

Authorize (1) approval of the development plan submitted to the Dallas Housing

Acquisition and Development Corporation by Builders of Hope Community

Development Corporation for the construction of affordable houses, (2) the sale of 6vacant lots from Dallas Housing Acquisition and Development Corporation to Builders

of Hope Community Development Corporation: and, (3) execution of a release of

non-tax liens included in the foreclosure judgment, pre-judgment non-tax liens not

included in the judgment, and post-judgment non-tax liens, if any (list attached) —

Financing: No cost consideration to the City

BACKGROUND

On February 4, 2008, the Housing Committee received a briefing regarding the Urban

Land Bank Demonstration Program which outlined the process and status of the

program. The areas targeted for acquisition to achieve the desired goals under the

program were identified.

Builders of Hope Community Development Corporation (Builders of Hope CDC), a City

Certified Housing Development Organization, has submitted a proposal and

development plan to Dallas Housing Acquisition and Development Corporation

(DHADC or Land Bank) for 6 lots shown on the attached list. The DHADC Board has

approved the development plan and sale, subject to City Council approval. This item

will authorize City Council approval of the development plan submitted by Builders of

Hope CDC to the City’s Land Bank, the sale of those lots from DHADC to Builders of

Hope CDC and the release of non-tax liens included in the foreclosure judgment,

pre-judgment non-tax liens not included in the judgment and post-judgment non-tax

liens, if any. The vacant lots were purchased by DHADC from a Sheriff’s sale pursuant

to foreclosure of tax liens and any non-tax liens. DHADC’s Deed without Warranty to

Builders of Hope CDC will contain a reverter that returns the property to DHADC if a

construction permit is not applied for by Builders of Hope CDC and construction

financing is not closed within two years of conveyance. Builders of Hope CDC will build

affordable houses on the lots.


The approximate square footage and sales prices of the houses will be from 1.100 to1,500 square feet and from $90000 to $120,000. The lots will be deed restricted forsale to a low income family and will require at least 25 percent of the developed homes(2 homes in this proposal) to be sold to households with gross household incomes notgreater than 60 percent of the Area

Median Family Income (AMFI) as determined annually by HUD. A maximum of 30percent of the developed homes (2 in this proposal) may be sold to households withgross incomes from 81 percent to 115 percent of the AMFI as determined annually byHUD. If 30% of the homes are sold to buyers at 81 percent to 115 per cent of theAMFI, the remaining homes (2 in this proposal) will be sold to buyers below 81 per centof the AMFI and in compliance with the minimum 25 per cent requirement to sell tobuyers below 60 per cent of the AMFI. DHADC will receive $27,045.00 for the salesprice, as calculated from the 08-09 Land Bank Plan approved by City Council.

On June 18, 2003, Governor Perry signed the Urban Land Bank DemonstrationProgram Act. The Act allows the governing body of a municipality to adopt an UrbanLand Bank Demonstration Program in which the officer charged with selling realproperty ordered sold pursuant to foreclosure of a tax lien may sell certain eligible realproperty by private sale to a land bank for the purpose of affordable housingdevelopments.

PRIOR ACTIONIREVIEW (Council, Boards, Commissions)


On May 26, 2004, the City Council authorized a contract with DHADC for the provisionof land bank services as set forth in the amended Program Statement for the DallasUrban Land Bank Demonstration Program by Resolution No. 04-1 726.



PRIOR ACTION/REVIEW (Council, Boards, Commissions) (continued)

On August 24, 2005, the City Council authorized an amendment to the contract withDHADC to extend the term to November 1 2006 and to allow the City to refer up to 625parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March 26,2006, by Resolution No. 05-2474.

On August 24, 2005, the City Council approved the City of Dallas FY 2005-06 UrbanLand Bank Demonstration Program by Resolution No. 05-2501


On October 11, 2006, the City Council approved the City of Dallas FY 2006-07 UrbanLand Bank Demonstration Program Plan by Resolution No, 06-2785.

On December 13, 2006, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2007 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2007, by Resolution No. 06-3403.

On August 22, 2007, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2008 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2008, by Resolution No. 07-2385.


On August 27, 2008, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2009 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2009, by Resolution No. 08-2257.




FISCAL INFORMATION

No cost consideration to the City

MAP

Attached


LAND BANK (DHADC) SALE OF LOTS

TO BUILDERS OF HOPE

COMMUNITY DEVELOPMENT CORPORATION

Property Address Mapsco Council District

1. 1922 Angelina 44E 3

2. 2022 Calypso 43H 3

3. 2023 Dennison 43M 3

4. 1815 Pueblo 44N 3

5. 1973 Pueblo 44N 3

6. 1839 Toronto 44N 3

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COUNCIL CHAMBER

August 12, 2009

WHEREAS, on January 28, 2004, the City Council established the Dallas Housing

Acquisition and Development Corporation (DHADC) as its land bank for the purpose of

acquiring, holding and transferring unimproved real property under Subtitle A, Title 12,

Local Government Code, Chapter 379C and: 1) approved the City of Dallas Urban Land

Bank Demonstration Program Plan; 2) approved the Program Statement for the Dallas

Urban Land Bank Demonstration Program; 3) authorized amendments to the Articles of

Incorporation and By-Laws of the DHADC; and 4) authorized an interlocal contract with

the affected taxing jurisdictions for participation in the Dallas Urban Land Bank

Demonstration Program by Resolution No. 04-0458; and

WHEREAS, on May 26, 2004, the City Council authorized a contract with the DHADC

for the provision of land bank services as set forth in the amended Program Statement

for the Dallas Urban Land Bank Demonstration Program approved by the City Council

on January 28. 2004 by Resolution No. 04-1726: and

WHEREAS, on October 13, 2004, the City Council approved the City of Dallas FY

2004-05 Urban Land Bank Demonstration Program Plan and authorized an amendment

to the DHADC Contract to provide additional operating and acquisition funds for FY

2004-05 by Resolution No. 04-2930; and

WHEREAS, on August 24, 2005, the City Council authorized an amendment to the

contract with DHADC to extend the term to November 1, 2006 and to allow the City to

refer up to 625 parcels intended for acquisition by the Land Bank for filing of a tax

lawsuit by March 26, 2006 by Resolution No. 05-2474; and

WHEREAS, on August 24, 2005, the City Council approved the City of Dallas FY

2005-06 Urban Land Bank Demonstration Program Plan by Resolution No. 05-2501;

and

WHEREAS, on January 11, 2006, the City Council authorized an amendment to the

City of Dallas FY 2005-06 Urban Land Bank Demonstration Program Plan to increase

the list of properties in the plan that may become eligible for sale to the Land Bank by

Resolution No. 06-0162; and



and

WHEREAS, on December 13, 2006, the City Council authorized an amendment to the

contract with DHADC to extend the term to September 30, 2007 and to allow the City to



COUNCIL CHAMBER

August 12, 2009




lawsuit by March 31 2008 by Resolution No, 07-2385; and


2007-08 Urban Land Bank Demonstration Program Plan by Resolution No, 07-2998;

and







and

WHEREAS, on April 8, 2009, the City Council approved an amendment to the City of

Dallas FY 2008-09 Urban Land Bank Demonstration Program Plan to allow rental

housing units on Land Bank lots and/or rental housing units above retail development

on Land Bank lots by Resolution No. 09-0981; and

WHEREAS, Builders of Hope Community Development Corporation (Builders of Hope

CDC) submitted a proposal and development plan to DHADC for 6 lots shown on

Exhibit “A” and the DHADC Board has approved the development plan and sale,

subject to City Council approval; and

WHEREAS, the City Council desires to approve the development plan shown on Exhibit

“B” submitted by Builders of Hope CDC and authorize the sale of the said 6 lots from

DHADC to Builders of Hope CDC to build affordable houses;

NOW, THEREFORE;


Section 1. That the development plan shown on Exhibit “B” submitted by Builders of

Hope CDC and the sale of 6 lots shown on “Exhibit A” from DHADC to Builders of Hope

CDC is approved.

COUNCIL CHAMBER

August 12, 2009

Section 2. That the City Manager, upon approval as to form by the City Attorney, isauthorized to execute a release of lien for any non-tax liens included in the foreclosurejudgment, pre-judgment non-tax liens not included in the judgment and any non-taxliens that may have been filed by the City post-judgment on the lots shown on “ExhibitA”.

Section 3. That this resolution shall take effect immediately from and after its passagein accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.


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EXHIBIT BSECTION 11: DEVFLOPiENT PLAN

A. i)ESCRIPTION OF THE LAND REQUESTED FOR DFVELOPMF31’

N-umber of lots requested in this proposal. — 6 -

—

(2t Land Bank name for this parcel of lots.

(3) Provide the property address and legal description ci the land requested (attach extra sheets if necessart)

(the “Properiv).See Attachment

_________________________________________________________

B, DESCRIPTiON OF PROPOSED I-lOUSES ENTiTY WILL CONSTRUCT

At least 25% of the Land Bank properties sold during any gien fiscal year to he deelopcd shall he deed

restricted icr sale to households with gross annual mcornes not greater than 60% of AMFI. No more than

3On of the land Bank properties sold during any gi en fiscal year to he developed shall he deed restricted

for sale to households with gross annual incomes between S I % and 1 15% of AMFI. (At least 70% of the

L and Bank properties sold durinu an fiscal year to be developed shall he deed restricted fbr sale to

households with eross annual incomes at $05 :\MET or less.)

Single Fain iiv Home (to be sold to low income hOuSeholds at 60% or less of AJV1F1):

Number of homes to be built on lots 2

Square Lootage of’ each home —

Number of Bedrooms llaths in each home 3 2

Number of (iarages Number of(aroorts ((0 Detached \ttached (1 I - —

spe of I \tei icr \ c.neei flitek \\ hich sides Fiont& Sides

Sales Price ranges without Subsidies to Qualified Lox-s Income Buyer 590.000-S 104.000

Single Family Home (to be sold to low income households at 80% or less of AMFI):

Number of homes to be built on lots 2

-

qu in. I ot gc o c ich home j3i- 00

Number fRedrooms[3aths in each home 34 / 2

N mihci ci (iar ie,s \umbei of ( ii pci Is I )cohcd \tt chcd

I -P of Lxtenoi \ encet lSiiek \\ hich sides ltont& Sides

ls Pr ee i tnge\ ss ithout Subsidies to Ou’ilificd I ow Income Baser S96 000 Sf20 000

Single Family Home (to be sold to low income households between 81% and 115% of AN-IF!>:

Number ct homes to be built on lots - 2

N90 a c I cot Ige ot e wh home }iJjf))j

‘scnhci of Redioums [ U s in c n.h h n c 3-t 2212

\u u ci 0 a I i mori 01 ( ir r s —— Dci id d

c. of I Ste 101 cn.I Buds \ hich sides icut-& sides —

%ilcs Pads. i ins.5 w i’hout Suhsidk s tt )iolified I ow Income I3u er2.3QQ—$I29jo00

Attach extra sheet(s) breaking oult abo e information for each different model of home.

PROVIDE FLOOR PLANS AN1) ELEVATIONS.

PROPOSAl. TO l)i-IADC 4 REVISED I (15-07

C. CONSTRUCTION TIMETABLE

State the number of days it will take you to complete construction and sale of improved Property from thedate of obtaining the ececuted deed from DHADC. Attach a schedule. if ou desire. The deed conveyingproperty sold by DIIADC will include a right of reverter so that if the Entity does not apply for aconstruction pemiit and close on any construction financing within a two year period following the date ofconveyance of the property from the DHADC to the Entity, the property will revert to the DHADC forsubsequent resale.

Commencement of Construction _iQIQ daysCompletion of Construction IZOQ daysSale of first alThrdablc housing unit to low income households J32Q

_____

daysSale of last affordable unit to lo income households 1800 da>s

PROPOSAL TO DHADC REVISED I I9/07




DEPARTMENT: Housing

CMO: A. C. Gonzalez. 671-8925

MAPSCO: 47J N

SUBJECT

Authorize (1) approval of the development plan submitted to the Dallas HousingAcquisition and Development Corporation by East Dallas Community Organization forthe construction of affordable houses, (2) the sale of 5 vacant lots from Dallas HousingAcquisition and Development Corporation to East Dallas Community Organization; and,(3) execution of a release of non-tax liens included in the foreclosure judgment,pre-judgment non-tax liens not included in the judgment, and post-judgment non-taxliens, if any (list attached) — Financing: No cost consideration to the City

BACKGROUND

On February 4, 2008, the Housing Committee received a briefing regarding the UrbanLand Bank Demonstration Program which outlined the process and status of theprogram. The areas targeted for acquisition to achieve the desired goals under theprogram were identified.

East Dallas Community Organization (EDCO), a City Certified Housing DevelopmentOrganization, has submitted a proposal and development plan to Dallas Housing

Acquisition and Development Corporation (DHADC or Land Bank) for 5 lots shown on

the attached list. The DHADC Board has approved the development plan and sale,

subject to City Council approval. This item will authorize City Council approval of the

development plan submitted by EDCO to the City’s Land Bank, the sale of those lots

from DHADC to EDCO and the release of non-tax liens included in the foreclosure

judgment, pre-judgment non-tax liens not included in the judgment and post-judgment

non-tax liens, if any. The vacant lots were purchased by DHADC from a Sheriff’s sale

pursuant to foreclosure of tax liens and any non-tax liens. DHADC’s Deed without

Warranty to EDCO will contain a reverter that returns the property to DHADC if a

construction permit is not applied for by EDCO and construction financing is not closed

within two years of conveyance. EDCO will build affordable houses on the lots.


The approximate square footage and sales prices of the houses will be from 1,100 to1,500 square feet and from $110,000 to $170,000. The lots will be deed restricted forsale to a low income family and will require at least 25 percent of the developed homes(2 homes in this proposal) to be sold to households with gross household incomes notgreater than 60 percent of the Area Median Family Income (AMFI) as determinedannually by HUD. A maximum of 30 percent of the developed homes (1 in thisproposal) may be sold to households with gross incomes from 81 percent to 115percent of the AMFI as determined annually by HUD. If 30% of the homes are sold tobuyers at 81 percent to 115 per cent of the AMFI, the remaining homes (2 homes in thisproposal) will be sold to buyers below 81 per cent of the AMFI and in compliance withthe minimum 25 per cent requirement to sell to buyers below 60 per cent of the AMFI.DHADC will receive $23,775.00 for the sales price, as calculated from the 08-09 LandBank Plan approved by City Council.

On June 18, 2003, Governor Perry signed the Urban Land Bank DemonstrationProgram Act. The Act allows the governing body of a municipality to adopt an UrbanLand Bank Demonstration Program in which the officer charged with selling realproperty ordered sold pursuant to foreclosure of a tax lien may sell certain eligible realproperty by private sale to a land bank for the purpose of affordable housingdevelopments.

PRIOR ACTIONIREVIEW (Council, Boards, Commissions)


On May 26, 2004. the City Council authorized a contract with DHADC for the provisionof land bank services as set forth in the amended Program Statement for the DallasUrban Land Bank Demonstration Program by Resolution No. 04-1726.



PRIOR ACTIONIREVIEW (Council, Boards, Commissions) (continued)

On August 24, 2005, the City Council authorized an amendment to the contract withDHADC to extend the term to November 1 2006 and to allow the City to refer up to 625parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March 26,2006 by Resolution No. 05-2474.

On August 24, 2005, the City Council approved the City of Dallas FY 2005-06 UrbanLand Bank Demonstration Program by Resolution No. 05-2501.


On October 11. 2006, the City Council approved the City of Dallas FY 2006-07 UrbanLand Bank Demonstration Program Plan by Resolution No. 06-2785.

On December 13. 2006, the City Council authorized an amendment to the contract withDHADC to extend the term to September 30, 2007 and to allow the City to refer up to300 parcels intended for acquisition by the Land Bank for filing of a tax lawsuit by March31, 2007 by Resolution No. 06-3403.




On October 8. 2008, the City Council approved the City of Dallas FY 2008-09 UrbanLand Bank Demonstration Program Plan by Resolution No. 08-2785.


Agenda Date 08/1 2/2009 - page 3

FISCAL INFORMATION

No cost consideration to the City.

MAP

Attached


LAND BANK (DHADC) SALE OF LOTSTO EAST DALLAS COMMUNITY ORGANIZATION

Property Address Mapsco Council District

1. 4600 Silver 47N 72. 4701 Silver 47N 73. 4812 Silver 47J 74. 4835 Silver 47J 75. 4838 Silver 47J 7

52

Property Address MAPSCO Council District

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COUNCIL CHAMBER

August 12, 2009

WHEREAS, on January 28, 2004, the City Council established the Dallas HousingAcquisition and Development Corporation (DHADC) as its land bank for the purpose ofacquiring, holding and transferring unimproved real property under Subtitle A, Title 12,Local Government Code, Chapter 379C and: 1) approved the City of Dallas Urban LandBank Demonstration Program Plan; 2) approved the Program Statement for the DallasUrban Land Bank Demonstration Program; 3) authorized amendments to the Articles ofIncorporation and By-Laws of the DHADC; and 4) authorized an interlocal contract withthe affected taxing jurisdictions for participation in the Dallas Urban Land BankDemonstration Program by Resolution No. 04-0458; and

WHEREAS, on May 26, 2004, the City Council authorized a contract with the DHADCfor the provision of land bank services as set forth in the amended Program Statementfor the Dallas Urban Land Bank Demonstration Program approved by the City Councilon January 28, 2004 by Resolution No. 04-1726; and

WHEREAS, on October 13, 2004, the City Council approved the City of Dallas FY2004-05 Urban Land Bank Demonstration Program Plan and authorized an amendmentto the DHADC Contract to provide additional operating and acquisition funds for FY2004-05 by Resolution No. 04-2930; and

WHEREAS, on August 24, 2005, the City Council authorized an amendment to thecontract with DHADC to extend the term to November 1, 2006 and to allow the City torefer up to 625 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 26, 2006 by Resolution No. 05-2474; and

WHEREAS, on August 24. 2005, the City Council approved the City of Dallas FY2005-06 Urban Land Bank Demonstration Program Plan by Resolution No. 05-2501;and

WHEREAS, on January 11, 2006, the City Council authorized an amendment to theCity of Dallas FY 2005-06 Urban Land Bank Demonstration Program Plan to increasethe list of properties in the plan that may become eligible for sale to the Land Bank byResolution No. 06-0162; and


WHEREAS, on December 13, 2006, the City Council authorized an amendment to thecontract with DHADC to extend the term to September 30, 2007 and to allow the City torefer up to 300 parcels intended for acquisition by the Land Bank for filing of a taxlawsuit by March 31, 2007 by Resolution No. 06-3403; and

COUNCIL CHAMBER

August 12, 2009


WHEREAS, on October 10, 2007, the City Council approved the City of Dallas FY2007-08 Urban Land Bank Demonstration Program Plan by Resolution No, 07-2998;and



WHEREAS, on April 8, 2009, the City Council approved an amendment to the City ofDallas FY 2008-09 Urban Land Bank Demonstration Program Plan to allow rentalhousing units on Land Bank lots and/or rental housing units above retail developmenton Land Bank lots by Resolution No. 09-0981; and

WHEREAS, East Dallas Community Organization (EDCO) submitted a proposal anddevelopment plan to DHADC for 5 lots shown on Exhibit “A” and the DHADC Board hasapproved the development plan and sale, subject to City Council approval; and

WHEREAS, the City Council desires to approve the development plan shown on Exhibit“B” submitted by EDCO and authorize the sale of the said 5 lots from DHADC to EDCOto build affordable houses; NOW, THEREFORE;


Section 1. That the development plan shown on Exhibit “B” submitted by EDCO andthe sale of 5 lots shown on “Exhibit A” from DHADC to EDCO is approved.

Section 2. That the City Manager, upon approval as to form by the City Attorney, isauthorized to execute a release of lien for any non-tax liens included in the foreclosurejudgment, pre-judgment non-tax liens not included in the judgment and any non-taxliens that may have been filed by the City post-judgment on the lots shown on “ExhibitA”.

COUNCIL CHAMBER

August 12, 2009

Section 3. That this resolution shall take effect immediately from and after its passagein accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved,


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EXHIBIT BSECTION II: DEVELOPMENT PLAN

A. DESCRIPTION OF THE LAND REQUESTED FOR DEVELOPMENT

(1) Number of lots requested in this proposal. 5

(2) Land Bank name for this parcel of lots. South Dallas Census Tract 25.00

(3) Provide the property address and legal description of the land requested (attach extra sheets if necessary)(the “Property”).

SEE EXHIBIT A

B. DESCRIPTION OF PROPOSED HOUSES ENTITY WILL CONSTRUCT

At least 25% of the Land Bank properties sold during any given fiscal year to be developed shall be deedrestricted for sale to households with gross annual incomes not greater than 60% ofAMFL No more than30% of the Land Bank properties sold during any given fiscal year to be developed shall be deed restrictedfor sale to households with gross annual incomes between 81% and 115% of AMFI. (At least 70% oftheLand Bank properties sold during any fiscal year to be developed shall be deed restricted for sale tohouseholds with gross annual incomes at 80% AMFI or less.)


Number ofhomes to be built on lots 2Square Footage of each home:1 100 -1500 approx.Number of Bedrooms/Baths in each home 3 /2Number ofGaragesj Number of Carports _Detached— Attached —

Type of Exterior Veneer Hardiplank I Brick Which sides All sides typicalYour Sales Price ranges without Subsidies to Qualified Low Income Buyer110— 130K


Number of homes to be built on lots .2Square Footage of each home 1300 -1500 aporox.Number of Bedrooms/Baths in each home 312Number of Garages1-2 Number of Carports Detached AttachedType of Exterior Veneer Hardiplank / Brick Which sides All sides typicalYour Sales Price ranges without Subsidies to Qualified Low Income Buyer 120 — 150K

Single Family Home (to be sold to low income households between 81% and 115% of AMFI):

Number of homes to be built on lots 1Square Footage of each home 1300-1500 approx.Number of Bedrooms/Baths in each home 3 I 2Number of Garages Number of Carports Detached AttachedType of Exterior Veneer Hardiplank / Brick Which sides All sides typicalYour Sales Price ranges without Subsidies to Qualified Low Income l3uyerl 30— 170K

Attach eatra sheet(s) breaking out above information far each different model of home.

C. CONSTRUCTION TTMETABLE

State the number of days it will take you to complete construction and sale of improved Property from thedate of obtaining the executed deed from DHADC. Attach a schedule, if you desirc The deed conveyingproperty sold by DHADC will include a right of reverter so that if the Entity does not apply for aconstruction permit and close on any construction financing within a two year period following the date ofconveyance of the property from the DHADC to the Entity, the property will revert to the DHADC forsubsequent resale.

Commencement of Construction 365 daysCompletion of Construction daysSale of first affordable housing unit to low income households Q daysSale of last affordable unit to low income households 800 days

is two...cmo: a. c. gonzalez, 671-8925 mapsco: 55f subject authorize (1) approval of the development...

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