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2004-068-RES APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY, PARIS IND. SCHOOL DIST. NORTH LAMAR ISD AND PJC RESOLUTION NO. 2004-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT, TAX TRUST AGREEMENT, AND LIMITED POWER OF ATTORNEY BY AND AMONG THE CITY OF PARIS, LAMAR COUNTY, PARIS INDEPENDENT SCHOOL DISTRICT, NORTH LAMAR INDEPENDENT SCHOOL DISTRICT, AND PARIS JUNIOR COLLEGE, FOR THE PURPOSE OF DESIGNATING THE CITY OF PARIS AS TRUSTEE FOR CERTAIN IDENTIFIED LOTS FORECLOSED FOR TAX PURPOSES IN SUPPORT OF VARIOUS PROGRAMS TO CONSTRUCT NEW RESIDENTIAL HOUSES ON SAID LOTS; MAKING CERTAIN FINDINGS AND PROVISIONS RELATED TO SAID SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the continued proliferation of vacant and abandoned lots and structures within the City Limits of the City of Paris constitutes a blight on affected neighborhoods, encourages crime and illegal activity, and generally is detrimental to the health, safety, and welfare of the community; and, WHEREAS, in the past, the City of Paris has utilized its own resources to periodically clean up such real property because the owners thereof have failed to meet their obligations as property-owners; and, WHEREAS, neglected properties are often properties on which taxes are unpaid, and when foreclosed for delinquent taxes often continue in a blighted condition, whether sold for taxes or not; and, WHEREAS, the City of Paris, as a participant and active supporter in that program known as Keep Paris Beautiful, has already embarked on an ambitious series of ordinance changes to clean up and control junk, litter, substandard structures, waste hauling, and to promote historic preservation, all intended to address blighted conditions and the health, safety, and welfare of the City; and, WHEREAS, as part of said effort, the City of Paris intends to create programs for recycling or placing single family residential lots or parcels of real property which have been foreclosed for delinquent ad valorem taxes or for other reasons and have not been redeemed by their owners in accordance with state law, into a pool for use by designated certain non-profit entities for the construction of new single family residential houses or for use by the City to afford qualified low and moderate income individuals the opportunity to obtain said lots, participate in other grant and loan programs, and construct new houses thereon, thereby alleviating said blight, removing said property from the pool of properties maintained by the City, enhancing the tax base for the taxing entities by fostering the construction of new single family residential homes, and generally improving the health, safety, and welfare of the citizens of the City of Paris; and, WHEREAS, the County of Lamar, Paris Independent School District, North Lamar Independent School District, and Paris Junior College desire to support the City in the proposed programs of recycling said lots by entering into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, to designate the City of Paris as Trustee for said lots to be used in said programs and; WHEREAS, Section 277.oo1(g) of the Local Government Code authorizes political subdivisions of the State of Texas to acquire or assemble interests in real property and sell, exchange, or otherwise convey said real property interests to individuals, corporations, partnerships, or other legal entities for the development of low or moderate income housing, on such tenns and conditions and for such value as shall serve the public interest; and, WHEREAS, Section 253.010 of the Local Government Code authorizes municipalities to provide for the manner in which any real property acquired by a municipality may be sold if said real property is sold or transferred to certain non-profit entitles engaged in developing housing for low income individuals and families to promote community based revitalization; and, WHEREAS, Section 253.011 of the Local Government Code authorizes municipalities to transfer real property, without the requirements of notice and bidding, to non-profit organizations in furtherance of a public purpose within the municipality; and, WHEREAS, the City Council of the City of Paris fmds and detennines that the activities authorized by said Interlocal Agreement are in the best interests of the citizens of the City of Paris, Texas, and are in furtherance of the health, safety, and welfare of the citizens of the City of Paris, who are in turn constituents of the taxing entities; and, WHEREAS, the parties to said Interlocal Agreement fmd and detennine that the activities authorized thereunder promote and serve a public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council does hereby approve and authorize the Mayor to execute and the City Clerk to attest to an Interlocal Agreement, Tax Trust Agreement, and Limited Power of Attorney by and among the City of Paris, Lamar County, Paris Independent School District, North Lamar Independent School District, and Paris Junior College, for the purpose of designating the City of Paris as Trustee for certain lots defined therein, which have been foreclosed for tax purposes, in support of certain programs to construct single family residential housing on said lots, a copy of which said Interlocal Agreement is attached hereto and for all purposes incorporated herein as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of April, 2004. ATTEST: APPROVED AS TO FORM: ~~"'{:, Curtis Fendley, COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS ~ INTERLOCAL AGREEMENT. TAX TRUST AGREEMENT. AND LIMITED POWER OF ATTORNEY BY AND AMONG THE CITY OF PARIS. TEXAS. LAMAR COUNTY. TEXAS. PARIS INDEPENDENT SCHOOL DISTRICT. NORTH LAMAR INDEPENDENT SCHOOL DISTRICT. AND PARIS JUNIOR COLLEGE This Agreement is entered into by and among the City of Paris, Texas (CITY), the County of Lamar (COUNTY), Paris Independent School District (PISD), North Lamar Independent School District (NLISD), and Paris Junior College (PJC), hereinafter referred to as the Taxing Entities, pursuant to Charter 791 of the Texas Government Code, The Interlocal Cooperation Act. WHEREAS, the continued proliferation of vacant and abandoned lots and structures within the City Limits of the City of Paris constitutes a blight on affected neighborhoods, encourages crime and illegal activity, and generally is detrimental to the health, safety, and welfare of the community; and, WHEREAS, in the past, the City of Paris has utilized its own resources to periodically clean up such real property because the owners thereof have failed to meet their obligations as property-owners; and, WHEREAS, neglected properties are often properties on which taxes are unpaid, and when foreclosed for delinquent taxes often continue in a blighted condition, whether sold for taxes or not; and, WHEREAS, the City of Paris, as a participant and active supporter in that program known as Keep Paris Beautiful, has already embarked on an ambitious series of ordinance changes to clean up and control junk, litter, substandard structures, waste hauling, and to promote historic preservation, all intended to address blighted conditions and the health, safety, and welfare of the City; and, WHEREAS, as part of said effort, the City of Paris intends to create programs for recycling or placing single family residential lots or parcels of real property which have been foreclosed for delinquent ad valorem taxes or for other reasons and have not been redeemed by their owners in accordance with state law, into a pool for use by designated non-profit entities for the construction of new single family residential houses or for use by the City to afford qualified low and moderate income individuals the opportunity to obtain said lots, participate in other grant and loan programs, and construct new houses thereon, thereby alleviating said blight, removing said property from the pool of properties maintained by the City, enhancing the tax base for the Taxing Entities by fostering the construction of new single family residential homes, and generally Page 1 of 9 EXHIBIT A.. improving the health, safety, and welfare of the citizens of the City of Paris; and, WHEREAS, the County of Lamar, Paris Independent School District, North Lamar Independent School District, and Paris Junior College desire to support the City in the proposed programs of recycling said lots; and, WHEREAS, Section 277.oo1(g) of the Local Government Code authorizes political subdivisions of the State of Texas to acquire or assemble interests in real property and sell, exchange, or otherwise convey said real property interests to individuals, corporations, partnerships, or other legal entities for the development of low or moderate income housing, on such terms and conditions and for such value as shall serve the public interest; and, WHEREAS, Section 253.010 of the Local Government Code authorizes municipalities to provide for the manner in which any real property acquired by a municipality may be sold if said real property is sold or transferred to certain non-profit entitles engaged in developing housing for low income individuals and families to promote community based revitalization; and, WHEREAS, Section 253.011 of the Local Government Code authorizes municipalities to transfer real property, without the requirements of notice and bidding, to non-profit organizations in furtherance of a public purpose within the municipality; and, WHEREAS, the parties to this Agreement fmd and determine that the activities authorized hereunder are in the best interests of the citizens of the City of Paris, Texas, and are in furtherance of the health, safety, and welfare of the citizens of the City of Paris, who are in turn constituents of the Taxing Entities; and, WHEREAS, the parties to this Agreement fmd and determine that the activities authorized hereunder promote and serve a public purpose; NOW, THEREFORE, THESE PREMISES CONSIDERED, FOR AND RETURN FOR THE CONSIDERATION RECITED HEREIN, THE CITY OF PARIS, COUNTY OF LAMAR, PARIS INDEPENDENT SCHOOL DISTRICT, NORTH LAMAR INDEPENDENT SCHOOL DISTRICT, AND PARIS JUNIOR COLLEGE, AS THE TAXING ENTITIES, COVENANT AND AGREE AS FOLLOWS: I. For the purposes of this Agreement, the following defmitions shall apply: 1. Lot or Lots shall mean a tract, City lot, or other parcel of real property, whether identified by formal survey (lot and block in a plated subdivision), or identified by a metes and bounds description, or otherwise, which now or subsequent to the date of this Agreement: Page 2 of 9 1) Is located within the corporate or city limits of the city of Paris, Texas, as those limits currently exist or shall hereafter be amended; and, 2) Is vacant and if a structure is located thereon, the structure is or has been unoccupied and abandoned, as the tenns vacant and abandoned are defined under the Texas Tax Code; and, 3) Is located in an area zoned for single family residential use only, pursuant to the zoning ordinance of the City of Paris; and, 4) Has been lawfully foreclosed by representatives of the Taxing Entities for delinquent ad valorem taxes pursuant to the Texas Tax Code; and, 5) Has been or is eligible to be struck off to a trustee following a Sheriff's Sale in accordance with the Texas Tax Code, and the property has not sold pursuant to Section 34.001 of the Texas Tax Code; and, 6) One (1) calendar year or the maximum period of time for redemption of said property according to the Texas Tax Code, whichever period of time is greater, has passed since the date of the Sheriff's sale. 2. Taxing Entities shall mean the City of Paris, County of Lamar, Paris Independent School District, North Lamar Independent School District, and Paris Junior College, individually and collectively. II. From and after the date of this Agreement, the Taxing Entities covenant and agree the City of Paris shall be the Trustee on behalf of itself, and the other Taxing Entities, for all Lots as the same are defined herein. To the extent that another trustee is currently designated as trustee for a Lot or Lots, that trustee shall cooperate with the CITY in filing necessary and appropriate documents to transfer said Lots to the CITY as Trustee. III. For and in return for the consideration of the other Taxing Entities transferring said Lots to the CITY as Trustee, the CITY agrees to create a program for placing said Lots into a pool for use by designated non-profit entities for the construction of new single family residential houses, or for use by the CITY in a program to afford qualified low and moderate income individuals the opportunity to obtain said Lots, participate in other grant and loan programs, and construct new houses thereon, with a goal of alleviating blight and eliminating real property from public maintenance while at the same time affording low and moderate income individuals the opportunity to own homes, which in turn would enhance the tax base for the Taxing Entities. The CITY Page 3 of 9 covenants and agrees that the Lots for which it shall be named and designated Trustee in accordance with this Agreement shall be used and utilized exclusively in the programs as described herein, and for no other purposes. IV. All properties held by CITY as Trustee for the other Taxing Entities shall be governed by this Agreement, the terms and provisions of the CITY's programs as described in III above, the Local Government Code, and the Texas Tax Code. V. In order to facilitate the CITY's implementation of its program, the Taxing Entities hereby appoint the CITY as attorney-in-fact for each of them and give to the CITY, with respect to each Lot, the following powers: 1. The power to enter into earnest money contracts, sales contracts, or similar real estate agreements necessary and incidental to implementing the programs. 2. The power to enter into agreements with non-profit entities to effectuate the purposes of this Agreement and the CITY's programs. 3. The power to convey said Lots without the accompanying approval of the remainder of the Taxing Entities. 4. The power to execute and deliver any and all legal instruments relating to the conveyance of the Lots, including but not limited to special warranty deeds binding each Taxing Entity with vendor's liens retained or disclaimed as applicable or transferred to a third party lender, affidavits, notices, waivers, designations, and other instruments incident to the transfer of said property or as required by the CITY's programs. 5. The power to indemnify and hold harmless on behalf of all the Taxing Entities any third party who accepts and acts under this power of attorney. 6. The power to do everything and sign everything necessary or appropriate to transfer the Lots in accordance with this Agreement and the CITY's programs. 7. The power to consent to the sale of properties pursuant to Texas Tax Code Section 34.05. Page 4 of 9 VI. The limited power of attorney afforded the CITY by the terms and provisions of this Agreement is to be construed and interpreted as a limited power of attorney relating only to the transactions and purposes set forth herein. As to any Taxing Entity, this Agreement and accompanying power of attorney may be revoked as to said Taxing Entity voluntarily by providing thirty (30) days advance notice to the other parties hereto, followed by written revocation entered of record in the offices of the County Clerk of Lamar County, Texas. VII. The CITY shall not be obligated to furnish bond or other certificate and shall not be entitled to compensation for the services rendered herein. VIII. The Taxing Entities do, by execution of this Agreement, hereby ratify and confirm all that CITY shall lawfully do or cause to be done by virtue of this Agreement, the accompanying limited power of attorney, and the CITY's programs and the rights and powers granted herein and all actions necessary to complete any transaction pursuant to this Agreement. IX. Each individual executing this Agreement on behalf of any Taxing Entity has been granted full power from the governing body of each entity, and the individual executing this Agreement certifies that he or she executes it only after ratification by each of the Taxing Entities, who in turn have acted only after due notice and action of the full governing body of each Taxing Entity. X. That the governing body of each Taxing Entity fmds and detennines that their respective entity has received fair compensation for the services and/or obligations to be performed hereunder, and that all obligations, if any, requiring the expenditure of funds shall be made from the current revenues of each respective Taxing Entity. XI. That the term of this Agreement shall be for one (1) year, automatically renewable on the anniversary date hereof for an additional four (4) one year terms, unless tenninated earlier by agreement of the parties or by one party filing a revocation of power of attorney as provided in Article VI hereof. Page 5 of 9 XII. That this Agreement may be executed in multiple counterparts but shall not be effective until executed by all entities for whom a signature line has been prepared. EXECUTED as of this _ day of ,2004. CITY OF PARIS, PARIS, TEXAS Curtis Fendley, Mayor ATTEST: Mattie Cunningham City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Curtis Fendley, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2004. Notary Public, State of Texas Page 6 of 10 COUNTY OF LAMAR M. Charles Superville, County Judge ATTEST: Kathy Marlowe, County Clerk THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared M. Charles Superville, Lamar County Judge, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2004. Notary Public, State of Texas Page 7 of 10 PARIS INDEPENDENT SCHOOL DISTRICT Name: ATTEST: Secretary THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared of the Paris Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 2004. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of Notary Public, State of Texas Page 8 of 10 NORTH LAMAR INDEPENDENT SCHOOL DISTRICT Name: ATTEST: Secretary THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared of the North Lamar Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2004. Notary Public, State of Texas Page 9 of 10 PARIS JUNIOR COLLEGE President ATTEST: Secretary THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared of Paris Junior College, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2004. Notary Public, State of Texas Page 10 of 10