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2005-196 S:\Our Documents\Ordinances\05\634 Prairie Sale Ord.doc ORDINANCE NO. 2005-/Q?? AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY LOCATED AT 634 E. PRAIRIE STREET AS A PART OF THE CITY'S INFILL NEW CONSTRUCTION PROGRAM FOR AFFORDABLE HOUSING FOR SALE TO LOW-MODERATE INCOME BUYERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, in the 2003 Action Plan for Housing and Community Development, approved implementation and funding for an Infill New Construction Program for the benefit of low-moderate income homes (the "Program"); and WHEREAS, the Program which was approved for implementation by City Council specified the acquisition of vacant properties for the purpose of new affordable housing construction; and WHEREAS, the subject property is commonly known as 634 E. Prairie Street which is more particularly described as a parcel or tract of land containing approximately .064 acre, and being a portion of Lot 1 & 4 (W45' Each), Block 6, Jasper Addition, as described in a deed dated December 13, 1967 from the Mount Calvary Baptist Church of Denton to Lucius A. Wilkerson, Et A], recorded in Volume 560, page 384 of the Deed Records of Denton County, and being situated in the City of Denton, Denton County, Texas, and further described in document number 2003-698] in the deed records of Denton County, Texas (the "Property"). WHEREAS, the City has previously acquired the Property (DCAD Parcel number R22134) as authorized by City of Denton Ordinance Number 2004-020 for the purpose of infill housing development for low-moderate income buyers; and WHEREAS, the sale of the Property to low-moderate income buyers is exempt from the requirements of Chapter 272 of the Local Government Code (the "Code") pursuant to Section 272.00](g) of the Code, which authorizes sales for less than fair market value for low-moderate income housing; and WHEREAS, the City Council finds that the sale of the Property to a low-moderate income buyer under the Program is a valid public purpose and is in the public interest; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby incorporated into the Program under which the City of Denton may acquire, improve and convey real property that is appropriate for new construction to promote conservation of Denton neighborhoods and provide affordable housing to low-moderate buyers. Page] S:\Our Oocuments\Ordinances\05\634 Prairie Sale Ord.doc SECTION 3. The City Manager, or his designee is hereby authorized to convey the Property to a qualified low-moderate income buyer on such terms and conditions and for such consideration as is required and authorized by the Program, without further City Council action. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 ~ 1ft day of C(d 1- 2005. C~~cL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: Page 2