§ 2-8. Provisions for the sale or transfer of real property to non-profit organizations to provide affordable housing, or for another public purpose.

(a)

Real property owned by the city, including those properties acquired and held through foreclosure of a tax lien, may be sold, transferred, or otherwise conveyed to a nonprofit organization for the purpose of providing affordable housing, or for another public purpose, by a method of sale described in this section pursuant to Chapter 253 of the Texas Local Government Code.

(b)

The city manager, or the city manager's designee, may determine the properties available for sale, transfer, or conveyance under this section. When determining whether a property is available for sale, transfer, or conveyance to a non-profit organization for affordable housing, or for another public purpose, the city manager, or the city manager's designee, may consider the suitability of the site for such uses, including its physical characteristics such as zoning, size, and configuration and the compatibility of such use within the neighborhood, considering adjacent uses, construction types, construction features, and relative values of existing properties.

(c)

A nonprofit organization seeking to acquire real property under this section may submit a proposal to the city manager, or the city manager's designee, that includes the following:

(1)

Evidence that the requestor is a qualified nonprofit organization;

(2)

A plan to develop the property to provide affordable housing, or to use the property in a manner that primarily promotes a public purpose, in compliance with city ordinance, state law, and federal regulations, if applicable;

(3)

A timetable showing the commencement of construction, completion of construction, and occupancy by low or moderate income persons, or satisfaction of the public purpose; and

(4)

A financial feasibility analysis of the proposed project.

(d)

As a condition of acquiring real property under this subsection, the nonprofit organization may be required to enter into an agreement with the city that regulates the development of the property consistent with the goals and guidelines of the city to provide affordable housing, or for a use that primarily promotes a public purpose of the city.

(e)

Special provisions for real property sold, transferred, or otherwise conveyed under this section:

(1)

In the case of properties acquired and held through foreclosure of a tax lien:

a.

All affected taxing units must consent to the sale, transfer, or conveyance of any real property for less than the total amount due under Chapter 34 of the Texas Tax Code.

b.

All sales, transfers, or other conveyances are subject to the statutory right of redemption.

c.

If a proposal is received under this section for less than the total amount due under Chapter 34 of the Texas Tax Code and an interlocal agreement is not in place, then the city may present the proposal to the other taxing units for their consent. Upon consent by the other taxing units, the proposal shall be presented to the city council for consideration.

(2)

In the event of multiple proposals for the same property, those proposals will be presented to the city council for consideration with the city manager's recommendation as to which proposal best promotes the goals of the city and meets a public purpose.

(3)

An appraisal is not required for real property sold, transferred, or otherwise conveyed under this section.

(4)

Nothing herein shall require the city to accept any proposal or offer.

( Ord. No. 2018-10064, § 1, 6-7-18 )