05-F Homestead Program Res 1
DRAFT
F:\Attorney\ALICE\RESWORK\CURRENT\Interlocal Agreement - Homestead Prog - City Res (1).wpd
April 7, 2004
RESOLUTION NO. _______________
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 277.001(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 City Council of the City of Paris finds and determines 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 find and determine that the activities
NOW, THEREFORE,
authorized thereunder promote and serve a public purpose;
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
this12th day of April, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
DRAFT #5
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
EXHIBIT A
Page 1 of 9
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; and,
WHEREAS,
Section 277.001(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 find 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 find 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 definitions 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
Page 2 of 9
description, or otherwise, which now or subsequent to the date of this Agreement:
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 terms 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
Page 3 of 9
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 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.
VI.
Page 4 of 9
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 finds and determines 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 terminated 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
COUNTY OF LAMAR
____________________________________
M. Charles Superville, County Judge
ATTEST:
____________________________________
Kathy Marlowe, County Clerk
PARIS INDEPENDENT SCHOOL
DISTRICT
____________________________________
Name:_______________________________
Page 6 of 9
ATTEST:
____________________________________
Secretary
NORTH LAMAR INDEPENDENT
SCHOOL DISTRICT
____________________________________
Name: ______________________________
ATTEST:
___________________________
_________
Secretary
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 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.
Page 7 of 9
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
this ____ day of____________,
2004.
____________________________________
Notary Public, State of Texas
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
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
this ____ day of____________,
2004.
____________________________________
Notary Public, State of Texas
Page 8 of 9
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
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
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