RES 1998-1097 - Agmt with Holy Name Housing Corporation for rehabilitation and construction of houses • BHA,
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City of Omaha s't i;. ,. s', •_ y „r,
Hal Daub,Mayor April 28, 1998
Honorable President
and Members of the City Council,
The attached proposed Resolution authorizes a HOME Program Revolving Loan Fund for the Holy
Name Housing Corporation (HNHC), a Nebraska Non-Profit Corporation, located at 3014 North
45th Street, Omaha, Nebraska 68104. The Agreement allocates $200,000.00 comprised of
$160,000.00 in FY 98 HOME Program funds and $40,000.00 in FY 98 General funds and is
included in the 1998 Consolidated Submission for Community Planning and Development approved
by the City Council on December 16, 1997 by Resolution No. 3397.
The$200,000.00 Revolving Loan Fund will be used by the Holy Name Housing Corporation for the
acquisition and rehabilitation of vacant houses,the construction of new single-family houses and the
marketing and selling of approximately twenty of these housing units to home buyers in the HNHC
Target area.
The target Area is an area bounded by Curtis Avenue on the North, Hamilton Street on the South,
16th Street on the East and 60th Street on the West. It is an area of predominantly low and moderate
income residents.
All homes will be initially purchased by households whose annual income do not exceed 80%of the
Median Income by Family Size.
The Contractor has on file a current Annual Contract Compliance Report Form(CC-1). As is City
policy, the Human Relations Director will review the Contractor to ensure compliance with the
Contract Compliance Ordinance.
Authorizing the approval of this proposed Agreement will allow HNHC to successfully complete
this worthwhile housing development project. We urge your favorable consideration of this
Agreement.
Sincerely, Referr to City C uncil for Consideration:
Planning Department Director Date Mayor's Office/Title Date
oved as to Funding: Approved:
�`'c/z e "�' / �- C� p.�-�o 1 A� by `� /l/9(
ouis A. D'Erco e ' ate George L DDavis, Jr. Date
Acting Finance Direct r Acting Human Relations Director
P:\PLN2\7425.SKZ J "
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska, also referred to as "City", and the Holy Name Housing
Corporation, a Nebraska non-profit corporation, 3014 North 45th Street, Omaha,Nebraska 68104
(sometimes hereinafter referred to as "HNHC") for the acquisition, rehabilitation/construction, and
marketing for sale of single-family homes in the Holy Name Housing Target Area.
RECITALS:
WHEREAS, the City of Omaha (hereinafter referred to as "the City") is a municipal
corporation located in Douglas county,Nebraska, and is organized and existing under the laws of
the State of Nebraska,and is authorized and empowered to exercise all powers conferred by the State
constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local
ordinances, including but not limited to, the power to contract; and,
WHEREAS, the City of Omaha annually receives HOME Investment Partnership Funds
under Title II of the National Affordable Housing Act of 1990, as amended, for the purpose of
providing affordable housing opportunities to residents; and,
WHEREAS,the City Council approved the City of Omaha's 1998 Consolidated Submission
for Community Planning and Development Programs on December 16, 1997, by Resolution No.
3397; and,
WHEREAS, the HNHC Revolving Fund was included in the FY98 HOME Program and
allocated $160,000.00 FY 98 HOME Funds and$40,000.00 in General Funds to the program; and,
WHEREAS, HNHC has been involved in the purchase, rehabilitation/construction and sale
of housing units to low and moderate income residents within the HNHC Target Area; and,
WHEREAS, HNHC proposed to purchase, rehabilitate/construct and market for sale
approximately twenty homes during the term of this Agreement; and,
WHEREAS, HNHC plans to provide mortgage financing to potential homeowners at an
affordable rate; and,
WHEREAS, a determination has been made that this project provides or improves housing
which is determined to benefit low and moderate income persons or addresses slums and blighted
conditions on a spot basis; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to continue the
acquisition and rehabilitation/construction of single-family dwelling units in the HNHC Target Area.
NOW,THEREFORE, in consideration of these mutual covenants, the Holy Name Housing
Corporation and the City of Omaha agree as follows:
Section 1. Definitions
The following terms shall have the following meanings for all purposes in this Agreement:
1.1 "Contractor" shall mean - the Holy Name Housing Corporation, a non-profit
corporation, 3014 North 45th Street, Omaha,Nebraska 68104 (see Exhibit "A").
1.2 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
"Director" shall mean- the PlanningDirector of the Cityof Omaha.
1.3
1.4 "Target Area" shall mean-the Holy Name Housing Corporation Target Area,an area
bounded by Curtis Avenue on the North, Hamilton Street on the South, 16th Street
on the East and 60th Street on the West.
1.5 "Property" shall mean-those dwelling units acquired and rehabilitated/constructed
or those scheduled for acquisition or rehabilitation/construction in the Target Area.
1.6 "HNHC" shall mean-the Holy Name Housing Corporation.
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1.7 "Revolving Loan Fund" shall mean-a separate fund established for the purposes of
carrying out specific activities which, in turn, generate payments to the fund for use
in carrying out such activities. Revolving Loan Fund is the program using the funds
as set out in this Agreement.
1.8 "Developer" shall mean - a public or private non-profit agency, authority or
organization receiving HOME funds to undertake eligible activities. In this
Agreement,the developer is Holy Name Housing Corporation.
1.9 "HUD" shall mean-the U.S. Department of Housing and Urban Development.
1.10 "HOME" shall mean-the program conducted under the provisions of the Cranston-
Gonzalez National Affordable Housing Act,Title II, Subtitle A-HOME Investment
Partnerships(P.L. 101-625)and the Code of Federal Regulations (24 CFR Part 92).
1.11 "HOME Funds" shall mean - that portion of the 1998 City of Omaha HOME
Investment Partnerships Program grant awarded to the City in a total amount not to
exceed $160,000.00 as may be available to grant during the program year 1998,
conditioned upon actual receipt of same, for the purposes stated herein.
1.11.1 "General Funds" shall mean-funds from the City of Omaha General Fund
No. 001,Agency No. 110, Organization No. 1106, Object No. 8010, in an
amount not to exceed $40,000.00.
1.12 "Deferred Payment Loan Mortgage" shall mean - a loan of HOME funds, in an
amount not to exceed $15,000.00 for a rehabilitated property, and $25,000.00 for a
newly constructed property, made subject to the terms, conditions and provisions of
the loan agreement under which said loan is made, secured by no less than a second
mortgage/deed of trust on an individual property,which shall provide, inter-alia,that
same shall become due and payable without interest upon the sale or transfer of
ownership of the property, or portion thereof, or interest therein by the Owner.
1.13 "Client" shall mean- a qualified participant making application to HNHC Housing
Revolving Loan Program.
1.14 "Authorized Projects" shall mean-those projects selected by the HNHC staff.
1.15 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving HOME funds to undertake eligible activities. In this
Agreement,the Subrecipient is the Holy Name Housing Corporation.
1.16 "Recipient" shall mean-the City of Omaha.
1.17 "Program Income" shall mean - the gross income received by the Recipient or
Subrecipient directly generated from the use of HOME funds. When such income
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is generated by an activity that is only partially assisted with HOME funds, the
income shall be prorated to reflect the percentage of HOME funds used (see Exhibit
uB"t
).
Section 2. Duties and Conditions of City Financing
Subject to and conditioned upon actual receipt of same,the City agrees to provide a HOME
Revolving Loan Fund not to exceed $200,000.00 (comprised of$160,000.00 FY 98 HOME funds
and $40,000.00 FY 98 General Funds) for a twenty-four month period, subject to the following
conditions:
2.1 Use of funds in the Revolving Loan Fund, plus any program income, is limited to
approved HNHC acquisition/rehabilitation/construction activities.
2.2 Loans must be made in compliance with HNHC Loan Policies and Underwriting
Standards attached hereto as Exhibit "C" and made a part hereof by reference.
2.3 After completion of rehabilitation/construction, the property must comply with all
state, federal and local laws, ordinances, regulations and codes, including but not
limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as
established by HUD. The Director shall assist HNHC in the same manner the
Director provides technical assistance to other contractors, during the construction
phase to ensure compliance with such requirements.
2.3.1 The City may perform periodic inspections to ensure compliance with
Section 2.3
2.4 Technical assistance will be provided by the City of Omaha Housing and Community
Development Division if requested by HNHC.
2.5 The Contractor may not request disbursement of funds under this Agreement until
the funds are needed for payment of eligible costs based upon the value of the
construction, administration, or professional services work completed at the time the
payment request is made. The amount of each request must be limited to the actual
amount needed.
2.6 The City will process requests for payment based upon billings for:
2.6.1 Any financing, legal, accounting or architectural costs associated with the
acquisition/rehabilitation/construction of properties in the Target Area.
2.6.2 Costs associated with the acquisition of properties located in the Target
Area.
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2.6.3 Acquisition costs for materials which will be used in the acquisition/
rehabilitation/construction of properties located in the Target Area.
2.6.4 Costs incurred for labor associated with the acquisition/rehabilitation/
construction of properties located in the Target Area.
2.6.5 Costs associated with utility hookups and site preparation of the properties
being acquired/rehabilitated/constructed in the Target Area.
2.6.6 Any demolition costs associated with the acquisition/rehabilitation of the
properties in the Target Area.
2.6.7 Partial construction financing for each single family house at no interest as
follows:
A. In the case of a newly constructed property, such construction
financing shall be made to HNHC without interest in an amount not
to exceed$25,000.00 per unit. Such loans shall be secured by no less
than a second mortgage or deed of trust to the City of Omaha and
shall become due and payable to the City at the loan closing from the
sale proceeds as each individual house is sold.
B. In the case of a rehabilitated property, such construction financing
shall be secured by no less than a second mortgage or deed of trust to
the City of Omaha and shall be made without interest in an amount
not to exceed the amount of eligible costs as outlined in Section 2.2.1
through 2.2.7. Such loans shall become due and payable to the City
at the loan closing from the sale proceeds as each individual house is
sold.
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C. At the closing of a loan for each sale of a house,the City shall release
its mortgage or proceed a deed of reconveyance for its deed of trust
for such property.
2.6.8 Partial mortgage or deed of trust financing to qualified low and moderate
income buyers through the use of Deferred Payment Loans shall be secured
by a second mortgage or deed of trust on individual properties and shall not
exceed $25,000.00 for newly constructed property and $15,000.00 for a
rehabilitated property (Exhibit C).
2.6.9 City funding pursuant to this Section shall be contingent upon receipt of
and subject to availability of HOME funds in 1998 in amounts adequate to
meet any contractual obligations in force upon the date of execution of this
Agreement as well as this proposed obligation. Should adequate funding
not be available, the City shall notify HNHC as soon as reasonably
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possible. At this time,the responsibilities of the HNHC under Section 3 of
this Agreement shall be released, the provisions of Section 6.9 will be
exercised and the Agreement will be terminated.
2.6.10 Funds paying for contractual work shall be payable in consideration with
the construction progress payment schedule, in accordance with the
Director's prior approval.
2.7 The City agrees to loan HNHC the sum of$200,000.00, conditioned upon actual
receipt of same, as revolving funds to carry out the services described herein. Funds
may be drawn from this account to meet actual approved costs incurred by HNHC
as required. Any of the funds from this loan which are charged against the
acquisition/ rehabilitation of a house, as approved and outlined in 2.6.1 through
2.6.10 and 3.2, shall be secured by no less than a second mortgage or deed of trust
on the property. The amount of that mortgage or deed of trust shall be due in full
upon sale of the property.
2.8 The City will review and monitor the monthly reports that identify the progress/
accomplishments of the HNHC on the activities included in this Agreement and on
contracts entered into with third parties pursuant hereto.
2.9 Funds received by the City from HNHC shall be returned to the revolving loan fund
and be available to HNHC in the same manner as the initial $200,000.00.
2.10 Funds are available from the revolving loan fund only for those activities which have
occurred during the term of this Agreement.
2.11 Upon receipt by the City of all the funds secured by each property, the City shall
release its mortgage or provide a Deed of Reconveyance for such property.
2.12 The City agrees to cooperate with HNHC and to coordinate activities associated with
the implementation of the scope of work.
2.13 Any of the funds drawn from the loan account to fund approved loans must be
secured with a first or second mortgage/deed of trust on the real estate.
2.14 In consideration of the program services herein provided, the City agrees to pay
HNHC the sum of$200,000.00, conditioned upon actual receipt of same, for the
HNHC Housing Revolving Loan fund from HOME Funds, Fund No. 186,
Organization No. 5014, and from the City of Omaha General Fund No. 001,Agency
No. 110,Organization No. 1106,Object No. 8010,Holy Name Housing Corporation.
2.15 The City will provide partial mortgage financing to qualified home buyers through
the use of a Deferred Payment Loan Mortgage or Deed of Trust. In no event shall
the interest exceed an amount considered usurious under federal or state law. The
Deferred Payment Loan Mortgage or Deed of Trust shall be secured by no less than
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a second mortgage or deed of trust and shall be approximately equal to the amounts
established in Exhibit "I" to this Agreement. This loan will be due in accordance
with 1.12 of this Agreement.
2.16 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure, on a
home rehabilitated by HNHC,HNHC may buy out the first mortgage and repay the
City's Deferred Payment Loan. Upon repayment of the Deferred Payment Loan,the
City may provide a deferred payment loan to a subsequent purchaser in an amount
not to exceed that which is authorized by agreement in place at the time the
subsequent purchaser receives preliminary loan approval by the City.
2.17 The City may permit assumptions of its deferred payment loans provided the
proposed borrower meets all eligibility and underwriting requirements in effect at the
time the proposed borrower receives preliminary loan approval by the City.
Section 3. Duties and Responsibilities of the Contractor/DeveloQer
The Contractor/Developer shall:
3.1 Abide by all terms and conditions of the City's Agreement.
3.2 The Contractor does hereby certify, contract and agree that any and all funding
obtained or made available hereunder shall be used solely and exclusively for the
express purpose of developing within the target area as defined in Section 1.4, in
strict compliance with this Agreement and the construction contracts, as approved,
as well as the plans, drawings, and other specifications, as approved.
3.2.1 The Contractor agrees that each of the housing units developed pursuant to
this Agreement shall have both an estimated appraised value at acquisition
and an initial purchase price which do not exceed 95%of the purchase price
for single-family housing for the Omaha Metropolitan Statistical Area as
determined by HUD, and
a) is the principal residence of an owner whose family qualifies as a
Low Income family at the time of purchase; and,
b) is subject to the repayment/recapture provisions of the Deferred
Payment Loan Deed of Trust and Promissory Note, including the
terms requiring payment in full of the principal balance upon sale,
lease or transfer of ownership of the subject property.
3.2.2 If, through breach of this Agreement, the Contractor fails to maintain the
occupancy, affordability and use restrictions enumerated in Paragraph 3.2
of the Agreement, all HOME funds previously provided to the Contractor
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through fulfillment of this Agreement shall promptly be returned to the City
of Omaha.
3.2.3 The Contractor shall comply with the City of Omaha's Affirmative
Marketing Policy,attached hereto as Exhibit"D" and incorporated herein by
reference as though fully set forth.
3.3 Use the City's HOME funds for those authorized items as outlined in Sections 2.6.1
through 2.6.10.
3.4 Maintain the property in a safe and sanitary condition, conform to City housing and
zoning ordinances and carry out the acquisition/rehabilitation in an efficient manner.
3.5 Make best efforts to acquire/rehabilitate/construct and sell approximately twenty
properties in the Target Area during the term of this Agreement and perpetuate the
process with additional acquisition/rehabilitation.
3.6 Provide services for clients as required in the Scope of Work Summary, attached
hereto as Exhibit "E" and made a part hereof by reference.
3.7 Submit an operating budget by line item indicating all proposed expenditures and
sources of revenue for the 1998 HOME program year.
3.8 The Contractor shall submit to the City the following reports in accordance with the
submission timelines as specified.
3.8.1 Construction Progress Reports - The Contractor will provide quarterly
reports to the Director delineating accomplishments,describing the progress
of construction,and any significant problems and/or delays in construction
on this project during the previous 90-day period.
3.8.2 Occupancy Reports - Prior to the sale of each unit during the period of
affordability as defined in Paragraph 3.2.1(c),the Contractor will provide to
the Director the following information:
a) name(s) of buyer(s)
b) address of property
c) household income as a percent of Median Family Income as
determined by HUD.
d) household size
e) gender of head of household member
f) age of each household member
g) race/ethnicity of head of household
h) disabled status of any household member
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3.8.3 Submit a monthly progress report to the City of Omaha, Director of
Planning, the progress report will delineate HNHC staff accomplishments
for the previous 30 day period.
3.8.4 Submit a monthly financial report (income statement) delineating the
revenue and line item expenditures for the HNHC. In addition, a monthly
check register is to be submitted reflecting payee, date, amount and check
number.
3.8.5 Submit monthly time sheet, which indicates the allocation of time spent
among HOME and non-HOME funded rehabilitation loan projects.
3.9 Comply with all provisions and regulations of the HOME Program and have an
annual audit completed in compliance with OMB Circular A-133. The auditor shall
determine the appropriate type of audit to be conducted; i.e. limited scope or full
compliance. A single Audit is not an allowable expense unless the recipient expends
total Federal funds over$300,000.00 in each fiscal year. A limited-scope audit may
be allowable provided the auditor conducts the audit in accordance with generally
accepted auditing standards and the subrecipient expends less than $300,000.00 in
each fiscal year. OMB Circular A-133 is attached as Exhibit "F".
3.10 Maintain such records and accounts, including property, personnel and financial
records, as are deemed necessary by the City to assure a proper accounting for all
expenses. The Comptroller General of the United States, or any of their duly
authorized representatives, or any duly authorized representative of the City of
Omaha, as approved by the Planning Director, shall have access to any books,
documents, papers, records and accounts of the Contractor which are directly
pertinent to this project for the purpose of making audit, examination, excerpts and
transcriptions. Such records and accounts shall be retained for five years from the
contract period completion. Any contract entered into by the Contractor with any
contractor or subcontractor shall include this section to insure said access.
3.11 Make best efforts to ensure that construction services, contracts and employment
opportunities are affirmatively marketed to women and members of minority groups.
HNHC shall submit to the director for his review and approval, a minority and
women business enterprises plan, which discusses employment opportunities for
persons in these groups. (See Exhibit "G").
3.12 Employ affirmative marketing procedures in the advertising and marketing of the
completed project. In marketing, the Contractor shall also conform to the non-
discrimination provisions hereinafter set forth. the Contractor shall comply with the
affirmative marketing responsibilities specified in Exhibit "D".
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• 3.13 Ensure that no Contractor or sub-contractor shall be used by HNHC, who has been
disbarred or disqualified by the U.S. Department of Housing and Urban
Development, or by the City of Omaha.
3.14 Ensure that all rehabilitation loans are made in compliance with the HNHC Loan
Policies and Underwriting Standards attached hereto as Exhibit "C" and made a part
hereof by reference.
3.15 Ensure that all work performed and the construction as completed is in conformance
with all state,federal and local laws,ordinances,regulations and codes,including but
not limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as
established by HUD. The Director shall assist HNHC in the same manner the
Director provides technical assistance to other contractors, during the construction
phase to ensure compliance with such requirements.
3.16 Ensure that the amount and terms of each HNHC loan shall be at the discretion of
HNHC and that the provisions of this Agreement are included by reference in each
mortgage.
3.17 Draw from the Revolving Loan Fund, sufficient funds to reimburse actual costs
incurred for the activities set out in Section 2.6.
3.18 Ensure that all revolving loans are secured by a first or second mortgage or deed of
trust in favor of the City of Omaha on the property upon which the revolving loan
funds are used.
3.19 Control the expenditure of dollars in direct loans, for rehabilitation/construction
projects which have been approved by HNHC.
3.20 Maintain fiscal integrity of the programs, which include all financial and narrative
reports required by the City of Omaha, and the U.S. Department of Housing and
Urban Development.
3.21 Assume responsibility for preparing or assisting in the collection of all reports and
other information required to make a decision relative to financing a client.
3.22 Assume responsibility for follow-up actions required for all clients receiving
assistance under this program.
3.23 Acquire bonding in the amount of$50,000.00 for HNHC, Board of Directors and
employees entrusted with the handling of funds pursuant to this Agreement.
3.24 Ensure that the HOME Revolving Loan funds shall only be used to finance the
acquisition/rehabilitation/construction and sale of housing units to be initially owned
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and occupied by households whose annual income does not exceed 80% of the
"Median Income by Family Size (MFI)".
The "Median Income by Family Size (MFI)" refers to specific income data as
published by HUD and as further updated and revised by HUD to reflect the current
or most recent income level statistics, a copy of the relevant portion of which is
included in the Exhibit "H" and incorporated herein by this reference.
3.24.1 If, through breach of this agreement, the Contractor fails to maintain the
occupancy, affordability and use restrictions enumerated in Section 3.25 of
the Agreement, all HOME funds previously provided to the Contractor
through fulfillment of this Agreement shall promptly be returned to the City
• of Omaha.
3.25 Return to the City of Omaha any program income received within thirty (30) days
of receipt.
3.26 Acquire only vacant or owner-occupied properties for the purpose of rehabilitation
and subsequent sale to qualified applicants.
3.26.1 Prior to the acquisition of a Property for an Authorized Project, HNHC shall
notify the City,in writing,of its intent to acquire said Property. Said written
notice shall include the Legal Description and common address of the
Property.
3.26.2 The acquisition of properties shall be voluntary arm's length transactions
and,prior to making an offer to purchase a property,HNHC shall inform the
seller in writing:
a) That it does not have the power of Eminent Domain and, therefore,
will not acquire the property if negotiation fails to result in an
amicable agreement; and,
b) Of its estimate of the fair market value of the property. HNHC shall
maintain reasonable evidence in its project files of the basis for its
estimate of the fair market value.
3.26.3 In no event shall a tenant-occupant of a property be displaced, either
permanently or temporarily, from the property as a direct result of an
authorized project. A move following a notice to vacate the property and
a move resulting from an owner's refusal to renew an expiring lease is
considered as displacement caused by the HNHC.
3.26.4 In the event HNHC displaces any tenant-occupant of a property, it shall
immediately notify the City in writing of the circumstances surrounding
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said displacement. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, shall govern any
displacement occurring as a result of an authorized project. In the event of
displacement, HNHC shall be responsible for the payment of all required
relocation assistance payments.
3.27 HNHC shall not begin rehabilitation of a Property until it receives approval by the
City that all provisions of the National Environmental Policy Act of 1969 (NEPA)
and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50
and 58 have been met regarding said property.
3.28 HNHC specifically hereby states, agrees and certifies that it is familiar with the
limited purpose set forth in the Federal Laws,Rules and Regulations, and in the laws
of the State of Nebraska for which personal information requested may be used, and
that the information received will be used solely for those limited purposes and not
to harass, degrade or humiliate any person. The information released shall be used
for the limited purpose stated, and HNHC further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by
HNHC of the information provided.
3.29 The Contractor agrees to use no lead based paint in the performance of this
Agreement, including the performance of any subcontractor. "Lead based paint"
means any paint containing more than six one-hundredths of one percentum of lead
by weight(calculated as lead metal)in the total nonvolatile content of the paint or the
equivalent measure of lead in the dried film of paint already applied. The Contractor
further agrees to abide by all Federal requirements regarding lead based paint poison
prevention.
3.30 The HNHC shall comply with all environmental requirements for review and impact
on the environment.
3.31. The HNHC shall, if applicable, complete a certified rehabilitation of the Subject
Property under the Historic Preservation Certification Program of the United States
Department of the Interior.
3.32 The HNHC shall, if applicable, obtain final certification from the National Park
Service, verifying that the Contractor has complied with and met the Secretary of
Interior's Standards for Rehabilitation".
Section 4. Term
This Agreement shall be in full force and effect twenty-four months from the date of
g ty
execution.
� s
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Section 5. Mutual Agreements
HNHC agrees and the City states,that the City:
5.1 Is not acting as the HNHC's architect or engineer.
5.2 Makes no warranties, express or implied, as to the construction work.
5.3 Owes no duty to the HNHC or any other person that shall arise because of any
inspection of the redevelopment site by the City's agents or employees.
5.4 May inspect the redevelopment site at any reasonable time, including a final
inspection to certify completion prior to disbursement of any funding.
5.5 Shall be held harmless by the HNHC for all injury and damages arising by virtue of
this Agreement.
Section 6. Provisions of the Agreement
6.1 Equal Employment Opportunity/Section 3 Clause. Attached hereto as Exhibits "J"
and "K", and made a part hereof by reference are the equal employment provisions
of this Agreement.
6.2 Non-Discrimination. The Contractor shall not in the performance of this Agreement,
discriminate or permit discrimination in violation of Federal or State laws or local
ordinances because of race, color, sex, age, political or religious opinions,
affiliations;national origin, familial status or handicap.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable city ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct,
or indirect,in any City Agreement. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or the City Council.
6.6 Modification. This Agreement and any related documents securing the financing
contain the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent,
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employee or other representative of either party is empowered to alter any of the
terms herein unless done in writing and signed by an authorized officer of the
respective parties,pursuant to Section 10-142 of the Omaha Municipal Code.
6.7 Assignment. Holy Name Housing Corporation may not assign its rights or
obligations under this Agreement without the express prior written consent of the
City; except, that the Mayor may, without City Council approval, approve, in
writing,the assignment to a limited partnership, so long as the Holy Name Housing
Corporation is and remains a general partner.
6.8 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made,except upon written direction from authorized officer of the
parties,pursuant to Section 10-142 of the Omaha Municipal Code.
6.9 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received by
certified mail at the other parry's usual place of business. Upon termination of this
Agreement,all funds and interest in any account hereunder become the property of
the City and shall be returned to the City of Omaha. This Agreement may also be
suspended or terminated in accordance with 24 CFR 85.43,Enforcement or 24 CFR
85.44, Termination for Convenience(Exhibit "L").
6.10 Subrecipients. HNHC shall comply with the requirements and standards of OMB
Circular No. A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit
"M") and Attachments A, B, C, F, H, N, and 0, to OMB Circular No. A-110, as
identified in Exhibit "N".
6.11 Other Program Requirements. The Contractor shall be required to carry out each
activity of this Agreement in compliance with all Federal laws and regulations
described in Subparts A,E,F, and H of the Home Investment Partnerships Program;
24 CFR Part 92 (Exhibit "0").
6.12 Reversion of Assets. Upon the expiration of this Agreement,the Subrecipient shall
transfer to the City of Omaha any HOME funds on hand at the time of expiration and
any accounts receivable attributable to the use of HOME funds. Additionally, any
real property under the Subrecipient's control that was acquired or improved in whole
or in part with HOME funds in excess of$25,000 shall be either:
a) Used to meet one of the national objectives in 24 CFR 570.208 until five years
after expiration of the Agreement,or such longer period of time as determined
appropriate by the Recipient; or,
b) Is disposed of in a manner which results in the Recipient being reimbursed in
the amount of the current fair market value of the property less any portion
- 14 -
thereof attributable to expenditures of non-HOME funds for acquisition of, or
improvement to, the property. Such reimbursement is not required after the
period of time specified in accordance with(a) above.
6.13 Indemnification. HNHC shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between HNHC and third
parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims, liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
6.14 Default. If, through any cause, HNHC shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof,the City may upon written notice terminate this
Agreement or such parts thereof as to this Agreement, and may hold HNHC liable
for any damages caused to the City by reason of such default and termination.
6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 Disclosure of Lobbying. The Holy Name Housing Corporation shall certify and
disclose, to the best of its knowledge and belief,that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned,to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the, entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment
or modification of any Federal contract, grant, loan or cooperative agreement.
b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
c) The language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
n
- 15 - ;.
grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
(1) City of Omaha
Director
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(2) Contractor:
Holy Name Housing Corporation
Sr. Marilyn Ross, Executive Director
3014 North 45th Street
Omaha,Nebraska 68104
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below:
ATTEST: CITY OF O AHA:
CIT LERK OF THE CITY OF OMAHA MAY R OF THE CITY OF OMAHA
WITNESS: HOLY NAME HOUSING CORPORATION,
a Nebraska Non-profit Corporation
Sr. Marilyn ss, Executive Director
Date Date
APPROVED AS TOFORM:
();(1:444
P:\PLN2\7427.SKZ A TANT CITY ATTORNEY Date
- 16 -
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.1 Article of Incorporation/Corporate Resolution,
Board Members
B 1.17 Definition-Program Income
C 2.2, 2.6.8, 3.14 HNHC Loan Policies &Underwriting Standards
D 3.2.3, 3.12 Affirmative Marketing Policy
E 3.6 Scope of Work
F 3.9 OMB Circular No. A-133
G 3.11 Minority and Women Business Enterprise Plan
H 3.24 Median Income by Family Size
I 2.15 Deferred Payment Loan Determination Process
J 6.1 Equal Employment Opportunity Clause
K 6.1 Section 3 Clause
L 6.9 Termination- CFR 85.43 - 85.44
M 6.10 OMB Circular No. A-122
N 6.10 OMB Circular No. A-110
O 6.11 HOME Investment Partnerships Program
24 CFR Part 92
Exhibits identified herein are made a part hereof by reference and are
a part of the provisions of the Agreement. Exhibits B, F, G, and J
through 0 are on file in the Planning Department.
- 17 -
ARTICLES OF INCORPORATION
OF
HOLY NAME HOUSING CORPORATION
Pursuant to the provisions of the Nebraska Nonprofit
Corporation Act, the undersigned natural persons of the age of
eighteen years or more, acting as incorporators, do. hereby set
forth:
ARTICLE I
Name •
The name of the corporation is Holy Name Housing
Corporation.
• MAR () '+ 1927
ARTICLE II R'` --
STATE• OF NEL;:.",SI:A SS
Duration c.CRE T A[V'S OFFICE
• F 1 •d and recorded en film roll
• The corporation shall have perpetual existeuL.J?e-.�Pegg H IC
Qe&,v 9. w�
ARTICLE III _ -----
By C� Secretary of
Purposes J�
The corporation is organized and shall be operated
exclusively as a nonprofit corporation for the following pur-
poses : •
( 1 ) To promote and encourage the rehabilitation and
maintenance of substandard housing in economically
depressed areas of the City of Omaha; •
(2 ) To actively engage in the rehabilitation and
maintenance of substandard housing in economically
depressed areas of the City of Omaha;
•
(3 ) To participate in activities and other programs
of public interest which relate to the establishment
and maintenance of desirable housing and neighborhood
rehabilitation and preservation; and
(4 ) Such other charitable, benevolent, eleemosynary,
educational , civic, religious and social activities as
may be deemed appropriate by the Board of Directors .
The corporation shall have the power to hold property of any
nature in trust for itself or for the carrying out of any of its
authorized purposes . In furtherance of its foregoing purposes ,
the corporation shall have all the powers given to and possessed
by a corporation under the Nebraska Nonprofit Corporation Act
that are not inconsistent with such purposes, subject always ,
however, to the_,limitation that, notwithstanding any other
V
•
•
•
provision of -these Articles , only such powers shall be exercised
as may be exercised by an organization exempt under Section
501(c ) (3 ) of the Internal Revenue Code and its regulations as
they now exist or as they may hereafter be amended.
•
ARTICLE IV
•
Registered Office and Registered Agent
The address of the corporation' s registered office is
P
3014 North 45th Street, Omaha, Nebraska 68104, and the name of
its registered agent at such office is Rev. Gerald Mullin, C. S . s .R.
ARTICLE V
Management of Affairs
The affairs of the corporation shall be managed in
accordance with the By-laws by a Board of Directors . The method
of selection, the number of directors and the duration of their
terms shall be as provided in the By-laws , provided that the
number of directors shall not be less than three (3 ) . The
directors constituting the first Board of Directors are as
follows :
•
1. Rev. Gerald Mullin, C. S . s .R.
3014 North 45th Street •
Omaha, Nebraska 68104
2 . Rev. Donald Neureuther, C. S . s .R.
30.14 North 45th Street
Omaha, Nebraska 68104
3 . Edward Vaughan
2711 North 48th Avenue
Omaha, Nebraska 68104
ARTICLE VI
•
By-laws
The By-laws of the corporation shall be adopted by the
Directors at any regular meeting or at any special meeting
called for that purpose so long as they are not inconsistent
with the provisions of these Articles . The By-laws may be
amended by . the Board of Directors in .the manner provided in the
By-laws . •
ARTICLE VII
Membership; Capital Stock
•
• The corporation shall have no members and the corpora-
tion shall not have nor shall it issue any shares of stock in
any form or denomination.
•
•
ARTICLE VIII
Amendments
The corporation reserves the right to amend, alter or
repeal any provision contained- in these Articles of Incorporation
in the manner now or hereinafter prescribed or permitted by law .
ARTICLE IX'
Liability of Members , Board of Directors , Officers , etc.
The private property of the incorporators and Directors
of the corporation shall not be subject to the debts or obliga-
tions of the corporation to any extent whatsoever.
ARTICLE X
Prohibitions ; Dissolution •
This corporation is organized exclusively for chari-
table, religious, educational, and scientific purposes, includ-
ing, for such purposes, the making of distributions to organiza-
tions that qualify as exempt organizations under Section 501 (c ) (3 )
of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue Law ) . No
part of the net earnings of the corporation . shall inure to the
benefit of, or be distributable to its Directors, officers, or
other private persons, except that the corporation shall be
authorized and .empowered to pay reasonable compensation for
services rendered and to make payments and distributions in
furtherance of the purposes set forth in the preceding sentence
hereof. No substantial part of the activities of the corpora-
tion shall be the carrying on of propaganda, or otherwise
attempting to influence legislation, and the corporation shall
not participate in, or intervene in ( including the publishing or
distribution of . statements ) any political campaign on behalf of
any candidate for public office. Notwithstanding any other
provision of these Articles , *the corporation shall not carry on
activities not permitted to be carried on (a) by a corporation
exempt from Federal. . Income Tax under Section 501(c) (3 ) of the
Internal Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue Law) or (b ) by a
corporation, contributions to which are deductible under Section
170 (c) (2 ) of the Internal Revenue Code of 1954 (or the correspond-
ing provisions of any future United States Internal Revenue
Law ) .
Notwithstanding anything herein to the contrary upon
the dissolution of the corporation, the Board of Directors
shall , after paying or making provision for the payment of all
of the liabilities of the corporation, dispose of all of the
assets of the corporation in such manner, or to such organizes-
. r '
•
• tion or organizations organized and operated. exclusiveiy for
charitable , educational , religious or scientific purposes as
shall at the time qualify as an exempt organization or organiza-
tions under section 501 (c ) ( 3 ) of the Internal Revenue Code of
1954 (or the corresponding provision of any future United States •
Internal Revenue Law) , as the Board of Directors shall deter-
mine . Any such assets not so disposed of shall be disposed of
by the District Court of the county in which the principal
office of the corporation is then located, exclusively for such
purposes or to such organizations , as said Court shall date:-
mine , which are organized and operated exclusively for such
purposes .
ARTICLE XI
The name and street address of each incorporator is as
follows :
Rev . Gerald Mullin, C . S . s . R.
3014 North 45th Street
Omaha , Nebraska 66104
Rev. Donald • Neureuther, C. S . s . R.
:01'I North 45th Street
Omaha, Nebraska 68104
DATED this 3rd day of March, 1982 . •
•
bi of(?..11
Incorporator• Ac
•
k1;10(
? l �" C. �, S. 1
Incorporator
RESTATED
BY-LAWS •
HOLY NAME HOUSING CORPORATION
ARTICLE I CORPORATE AFFAIRS
1 . 1 . The affairs of the corporation shall be conducted
strictly in accordance with and furtherance of the
Corporation' s charitable and educational purposes as
set forth in the Articles of Incorporation, and all
provisions of these By-laws shall be construed in a
manner consistent with the furtherance of such
purposes.
ARTICLE II BOARD OF DIRECTORS
2. 1 . Purpose and Duties. The purpose of the Board of
Directors is to assure that the philosophy and
mission of Holy Name Housing Corporation is in
agreement with the philosophy and mission of the
Redemptorist Fathers, St. Louis Province, Inc.
The duties of the Board of Directors shall be:
a. to appoint or remove the Executive Director and
Director of Rehabilitation;
b. to approve any amendment of the Articles or
By-laws of the Corporation;
c. to review and approve the annual operating budget
of Holy Name Housing Corporation;
d. to approve any dissolution, consolidation, or
merger of the Corporation and to approve the
incorporation of affiliated corporations of this
Corporation.
2.2. Membership. The members of the Board of Directors
shall, at all times, be the three (3 ) persons who
hold the offices of Rector and Consultors of the
Redemptorist Fathers of Nebraska. When any
Redemptorist shall cease to be the Rector or
Consultor of the Redemptorist Fathers of Nebraska, he
shall cease to be a director of this Corporation,
automatically and without any affirmative action on
the part of the Corporation, and his replacement as
Rector or Consultor of the. Redemptorist Fathers of
Nebraska shall automatically become a director of
this corporation.
2. 3. Compensation. Directors shall serve without
compensation.
2. 4. Meetings. Regular meetings of the Board of Directors
shall be held annually on April 15 of each year.
Special meetings shall be called from time to time
when requested by two (2) directors.
2.5. Notice. Reasonable notice of all Directors' meetings
shall be given. A majority of Directors present shall
constitute a quorum' for the transaction of business.
ARTICLE III BOARD OF CONSULTORS
3. 1 . Purpose and Duties. The purpose of the Board of
Consultors is to assure that the philosophy, goals
and purpose of Holy Name Housing Corporation are
preserved.
The duties of the Board of Consultors shall be:
a. to participate in an advisory capacity in the
ongoing long range planning process of the Holy Name
Housing Corporation;
b. to make recommendations to the Executive Director
regarding organizational development, fund-raising,
financial management, and relationships with other
agencies, institutions and individuals;
c. to make recommendations, in an advisory capacity,
regarding provision, maintenance and expansion of
housing services.
3.2. Membership. Membership of the Board of Consultors
shall be comprised of the Executive Director of Holy
Name Housing Corporation and such persons as he
appoints, including, by way of example only,
representatives of the Holy Name neighborhood,
representatives of organizations which fund Holy Name
Housing Corporation, representatives of the business
and professional sector of this community, and
representatives of community organizations.
3. 3. Compensation. Consultors shall serve without
compensation.
3. 4. Terms. Members of the Board of Consultors shall
serve at the will of the Executive Director for such
time as he may specify.
3.5. Officers and Duties. Such officers as the Executive
Director determines are necessary shall be elected by
the Holy Name Housing Board of Consultors from time
to time and shall perform such duties and have such
responsibilities as the Executive Director shall
determine.
ARTICLE IV EXECUTIVE DIRECTOR
4. 1 . Appointment. The Executive Director shall be
appointed by, accountable to, and shall serve at the
will of the Board of Directors.
•
4. 2. Duties. The duties of the Executive Director of Holy
Name Housing Corporation are:
a. to direct the activities of Holy Name Housing
Corporation in accordance with the Corporation's
Articles of Incorporation and By-laws;
b. to .provide leadership in the governance and
management of Holy Name Housing Corporation;
c. to achieve the objectives and discharge the
responsibilities established by the Board of
Directors;
d. to plan, direct, control and evaluate all
day-to-day corporate activities.
4.3. Compensation. The compensation of the Executive
Director shall be established by the Board of
Directors from time to time.
ARTICLE V DIRECTOR OF REHABILITATION
5. 1 . Appointment. The Director of Rehabilitation shall be
appointed and serve at the will of the Board of
Directors and shall be accountable to the Executive
Director.
5.2. Duties. The duties of the Director of Rehabilitation
of Holy Name Housing Corporation are:
a. to assist the Executive Director and to oversee
all phases of rehabilitation;
b. to evaluate the effectiveness and performance of
members of the work crews;
c. to undertake and perform such other duties as the
Executive Director may determine.
5.3. Compensation. The compensation of the Director of
Rehabilitation shall be established by the Board of
Directors from time to time.
ARTICLE VI CORPORATE SEAL
6 . 1 . The Corporation shall not have a corporate seal.
ARTICLE VII FISCAL YEAR
7.1 . The fiscal year of the Corporation shall commence on
the first day of April and end on the thirty-first
day of March.
ARTICLE VIII AMENDMENTS
•
8. 1 . . These By-laws may be repealed, altered or amended by
' majority vote of the Board of Directors at any
regular meeting or any special meeting held for that
. F
purpose.
The undersigned hereby certify that the foregoing
By-laws were duly adopted by the Board of Directors
effective May 1 , 1986.
Don R. Neureuther, C.SS.R
1.
f/ ao -
Edward R. Vaughan
>74-c2.-41•••• ."507*
Marily F. Ross, RSA!
HOLY NAME
HOUSING
/ CORPORATION
BOARD RESOLUTION
BE IT RESOLVED that Sr. Marilyn Ross, President and Executive Director of Holy
Name Housing Corporation (HNHC), a Nebraska nonprofit corporation in good standing
with the State of Nebraska, is given authority to sign any and all official documents,
contracts, loan agreements, promissory notes, mortgages, trust deeds, or other legal
instruments necessary to obtain financing for HNHC housing projects.
-
Fr. Robert Oelerich, Vice President Date /
Holy Name Housing Corporation
Board of Directors
3014 North 45th Street
Omaha, Nebraska 68104
(402) 453-6100
HOLY NAME
• HOUSING
/ CORPORATION
BOARD RESOLUTION
BE IT RESOLVED that Br. William Cloughley, Vice President of Holy
Name Housing Corporation (HNHC) , a Nebraska nonprofit corporation in
good standing with the State of Nebraska, is given authority to sign
any and all official documents, contracts, loan agreements,
promissory notes, mortgages, trust deeds, or other legal instruments
necessary to obtain financing for HNHC housing projects.
Fr. Robert Oelerich, Vice President Date
Holy Name Housing Corporation
Board of Directors
3014 North 45th Street
Omaha, Nebraska 68104
(402) 453-6100
e/t --10LY NAME
HOUSING
CORPORATION
BOARD RESOLUTION
The Board of Directors of Holy Name Housing Corporation authorizes
Lisa A. Burks to sign all documents necessary to obtain financing
for the purchase, sale and construction financing for homes for the
Corporation. These documents include, but are not limited to:
Deeds of Trust
Promissory Notes
Loan Agreements
Warranty Deeds
Transfer Statements
Lien Waivers
Closing Statements
Fr. Brian John resident Date
Board of Direc or
3014 North 45th Street
Omaha, Nebraska 68104
(402) 453-6100
I
HOLY NAME
HOUSING
CORPORATION
BOARD RESOLUTION
The Board of Directors of Holy Name Housing Corporation authorizes
Thomas G. Vaughan, Housing Counselor for the Corporation, to sign
all documents necessary to obtain financing for acquisition,
construction financing and sale of homes for the Corporation. These
documents include, but are not limited to, the following:
Purchase Agreements
Deeds of Trust
Promissory Notes
Loan Agreements
Warranty Deeds
Transfer Statements
Lien Waivers
Closing Statements
)lit u ` �jf � ti Z 2 7"cy
Fr. Brian Johnson,/President Date
Holy Name Housing Corporation
Board of Directors
3014 North 45th Street
Omaha, Nebraska 68104
(402) 453-6100 1
HOLY NAME HOUSING CORPORATION
BOARD OF DIRECTORS
DATE: 11/4/97
President: * Rev. Brian Johnson, Pastor
Holy Name Church
3014 N. 45th Street
Omaha, NE 68104
Vice President: * Rev. Robert Oelerich, Associate
(Same as above)
Sec/Treasurer: * Rev. William Parker, Associate
(Same as above)
Note: Holy Name Housing Corporation is not a religious organization nor does it
serve persons of a particular faith. Because the founders of Holy Name Housing
Corporation were concerned about the neighborhood and the Corporation's
faithfulness to the mission of neighborhood, they made the Redemptorist Fathers
of Nebraska the Board of Directors. The Redemptorists have been active in the
Holy Name neighborhood for seventy-five years. The Board of Directors and Board
of Advisors meet jointly four times a year.
HOLY NAME HOUSING CORPORATION
BOARD OF ADVISORS
Gary R. Batenhorst
Godfather's Pizza
9140 W. Dodge Rd.
Omaha, NE 68114
(402) 391-1452 Fax 255-2699
Mike Boyle
Boyle & Associates, Attorneys at Law
1904 Farnam St. , Ste 615
Omaha, NE 68102
(402) 977-5555 Fax 342-9232
* Yolanda Brown
3519 Fowler Avenue
Omaha, NE 68111
Home: (402) 453-3359 Work: (402) 595-3026
Norma Deeb, Director
Girls Incorporated of Omaha
2811 North 45th Street
Omaha, NE. 68104
(402) 457-4676 Fax 457-30131
Mike Fahey
1107 North 93rd Street, #157
Omaha, NE. 68114
(402) 398-9006
Richard Hays, Chairperson
5445 Hanover Plaza
Omaha, NE 68152
(402) 572-6721
* Fr. Brian Johnson, Pastor
Holy Name Church
3014 N. 45th Street
Omaha, NE 68104
(402) 451-6622 Fax
Ed Kentch, Operations Officer
First National Bank of Omaha
One First National Center
Omaha, NE. 68102
(402) 341-0500 Ext. 7405 Fax 633-7426
* Jennie McCartney
2314 Fontenelle Boulevard
Omaha, NE. 68104
(402) 351-4949 Fax 351-2798
Ron Meredith, Owner
Chubb' s Finer Foods
2905 N. 16th Street
Omaha, NE 68110
(402) 346-5011 Fax 346-4830
* Fr. Jim Michalski
4308 Grant St.
Omaha, NE 68111
(402) 455-6439
Peggy Murphy
1816 S. 133rd Street
Omaha, NE 68144
Home: (402) 334-1275 Work: 444-6573 Ext. 253
Fax: 444-7722
Janet Otepka
6474 Pierce Street
Omaha, NE 68106
(402) 558-0937
Shawn Peterson, Owner
Acrylicon, Inc.
PO Box 11326
Omaha, NE 68111-0326
(402) 451-1365 Fax 451-1366
Betty F. Quinn
HOME Real Estate
11213 Davenport
Omaha, NE 68154
(402) 334-5500 Fax 334-7599
Home: 6300 Dodge Street 68154
* Terry Rogers
2125 Spencer Street
Omaha, NE. 68110
(402) 451-6882 Work (402) 777-2331
Bruce Thomas
Prairie Systems
7200 World Communication Drive
Omaha, NE 68122
(402) 398-4100 Fax 398-4482
* Neighborhood Residents
In computing the DIR, installment debts extending ten months or more and all
revolving accounts shall be considered.
3. "Deferred Payment Loan Mortgage" (DPL) shall mean- a loan of CDBG funds, in
an amount not to exceed the amount approved by the City Council for a rehabilitated
and a newly constructed property, made subject to the terms, conditions and
provisions of the loan agreement under which said loan is made, secured by no less
than a second mortgage/deed of trust on an individual property,which shall provide,
inter-alia,that same shall become due and payable without interest upon the sale or
transfer of ownership of the property, or portion thereof, or interest therein by the
Owner within five(5)years from the date of loan closing for a rehabilitated property
and ten(10) years from the date of loan closing on a newly constructed property.
After 5 years on the rehabilitated properties and 10 years on newly constructed
properties, the Deferred Payment loan amount will depreciate 50% with the
remaining depreciated balance due upon sale or transfer of the property. Following
the initial depreciation, the Owner may choose to repay the 50% DPL balance over
a period of time. Upon written request by the Owner to repay the DPL balance, the
Planning Department will determine the terms and conditions of repayment.
4. Employment History-shall mean a verifiable and continuous two-year work history,
or a verifiable source of other income, including but limited to, social security,
pension, annuities, child support, alimony, etc. In some instances, education may be
substituted for employment if borrower has been employed at current job for six
months.
5. Household - shall mean all persons who will occupy the property. The occupants
may be a single family,one person living alone,two or more families living together,
or any other group of related or unrelated persons who share living arrangements and
includes:
a. any dependent child under the age of 19. If a child is claimed for income tax
(IRS) purposes, the City will consider the child a dependent.
b. any dependent member over the age of 62 who has lived in the household full
time for a minimum of 6 months immediately prior to application date and
will continue to live in the household full time, does not own other property,
and is dependent upon the borrower.
6. Housing-Income-Ratio(HIR)shall mean the monthly total of all mortgage payments,
real estate taxes, special assessments, and property insurance premiums divided by
the gross monthly income. The maximum HIR shall be 33% or the percentage
established by the lender providing the first mortgage financing.
-2-
SUBRECIPIENT UNDERWRITING GUIDELINES
CITY OF OMAHA DEFERRED PAYMENT LOANS
Effective Date: March 20, 1998
Guidelines provide a generaloverview
These Underwriting G s p o o rvie of the City of Omaha requirements
applicable to Deferred Payment Loans for homes purchased through Subrecipients, including but
not limited to, Holy Name Housing Corporation, South Omaha Affordable Housing Corporation,
Housing And Neighborhood Developers, Inc., formerly known as United Ministries of Northeast
Omaha, Inc., Omaha 100,Inc.,New Community Development Corporation and Omaha Economic
Development Corporation. While it is not possible to mention all requirements, these guidelines
answer most questions concerning the City's Deferred Payment Loans.
A. PURPOSE
The purpose of the Planning Department's Community Development Division is to promote
the growth, development and revitalization of the City of Omaha through the elimination of
slums and blight;to assist low and moderate income persons and families in attaining decent,
affordable housing; and to create job opportunities for lower income persons through
economic development activities.
This is accomplished by 1) formulating and implementing plans and programs designed to
revitalize neighborhoods, commercial areas, and industrial areas; upgrade the housing stock
in the inner-city; and create homeownership opportunities; 2) administering home
renovation, home construction, economic development, real estate development, and
revitalization programs and activities; and 3) providing services and improved service
facilities for housing counseling, home maintenance, homelessness,job training, education,
elderly persons, handicapped and other socio-economic assistance activities.
B. DEFINITIONS
In order to provide guidance and consistency in providing Deferred Payment Loans to
homebuyers, the following definitions shall apply:
1. Borrower - shall mean one or more persons purchasing a property and any other
persons co-signing on the promissory note.
2. Debt-to-Income Ratio (DIR) - shall mean the monthly total of all mortgage
payments, real estate taxes, special assessments, property insurance premiums and
liabilities (excluding utilities, federal income taxes, state income taxes and social
security payments) divided by the gross monthly income. The maximum DIR shall
be 42% or the percentage established by the lender providing the first mortgage
financing.
Revised 3/98
G.. LOAN ASSUMPTION
Some Homeowners who have received financial assistance from the City of Omaha for a
Deferred Payment Loan to purchase their homes may, at some point, desire to transfer their
homes and have the loan assumed by a new buyer. The following criteria will apply when
a homeowner desires to sell his/her property and requests that the loan be assumed by a new
buyer:
1. The family who assumes a City of Omaha Deferred Payment Loan:
a. must be creditworthy, and;
b. must meet all underwriting criteria contained in these guidelines, and;
c. must agree to live in the house for the remaining term of the Deferred
Payment Loan.
2. The purchase price,including the downpayment,must be negotiated and agreed upon
between the buyer and seller.
3. The incomes of families assuming a DPL may not exceed the limits of the median
familyincome contained in the agreement under which the Seller's DPL was
�'
approved.
4. The new buyer assuming a DPL must assume liability for the balance of the loan at
the time of loan closing.
5. When an Owner of a property with a DPL wishes to transfer his/her property through
an assumption,the Owner must:
a. Secure a potential borrower who is willing to assume the DPL.
b. Negotiate a selling (purchase)price with the potential buyer. The amount of
the downpayment would be paid to the Owner by the new buyer at the time
of loan closing. The City of Omaha will not negotiate with either party over
the amount of this repayment.
c. Write a letter to the Subrecipient requesting that an assessment be made of
the prospective borrower's qualifications to assume the DPL.
d. After this assessment is completed,the present Owner will be notified of the
prospective buyer's eligibility to assume the loan.
6. In the event of the death of an Owner, the heirs will have the same assumption
options as the Owner.
-4-
7. Income - shall mean all actual or projected income derived from full, part-time
and/or seasonal employment, self-employment, overtime, bonuses, commission,
social security, pension, annuities, interest or dividends from investments, child
support, alimony, etc.
NOTE: Income Averaging is not acceptable.
8. Median Income - shall mean the Median Income by Family Size income data as
published by the United States Department of Housing and Urban Development and
as further updated and revised to reflect the current or most recent income level
statistics. A copy of the median incomes is available upon request at the City of
Omaha Planning Department.
9. Subrecipient - shall mean a public or private non-profit agency, authority or
organization receiving CDBG or HOME Funds to undertake eligible activities.
10. Verifications - shall mean all supporting documentation obtained within the past six
months for preliminary loan approval by the City. These documents include, but are
not limited to, employment, bank deposits, credit information, property title
commitments.
C. INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of the City shall have a financial interest,direct or indirect,in any City Agreement.
Any violation of this section with the knowledge of the person or corporation contracting
with the City shall render the Agreement voidable by the Mayor or the City Council.
D. BANKRUPTCY
Borrowers who have filed a bankruptcy must have established a verifiable form of credit
over a six month period commencing after the Bankruptcy Court entered its Order of
Discharge. A copy of the bankruptcy document, Court Order of Discharge, and a letter
explaining the reason for filing bankruptcy and the circumstances surrounding it must be
submitted with the initial application for preliminary loan approval by the City.
E. INSURANCE
The Borrower must have at least a hazard insurance policy in force for one year at the time
of loan closing. The policy must have a proper endorsement naming the City of Omaha as
an additional mortgagee. Proper mortgage endorsement is available at the City of Omaha
Planning Department.
F. SALE OF PROPERTY
In the event of sale of the property, the deferred payment loan must be repaid to the City of
Omaha as specified in the promissory note and Section B,Number 3 above.
-3-
H. CREDIT HISTORY
1. Judgments
Judgments must be paid or satisfied prior to loan closing.
2. Collection Accounts
Collection accounts should be paid or a repayment agreement must be in effect. If
a repayment agreement is in effect,the Borrower must have established a minimum
of six months payment history.
3. Divorce
In the case of a divorce, any debts remaining in both names originated prior to the
Court granting of a decree shall be considered a financial obligation against the
borrower.
4. Legal Separation
Borrower that is legally separated will be subjected to same underwriting criteria as
a married person; therefore, both signatures will be required on the promissory note.
NON-DISCRIMINATION BASED ON HANDICAP
1. The Subrecipient shall not discriminate or permit discrimination in violation of
federal or state laws or local ordinances because of race, color, sex, age, political or
religious opinions, affiliations, national origin, familial status or handicap.
2. The Subrecipient shall not discriminate in admission or access to, or treatment or
employment in, its federally assisted programs and activities. To this end, no
otherwise qualified individual with a handicap shall, solely by reason of his or her
handicap, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under this or any other City-sponsored program or
activity. The person responsible for coordinating the Planning Department's efforts
to comply with its non-discrimination policies is Marian Todd, Section 504
Coordinator, Planning Department, Suite 1111, 1819 Farnam Street, Omaha,
Nebraska, 68183, (402) 444-5217 (V/TDD) 444-5150)
Persons desiring to file a complaint with the City of Omaha concerning an allegation of
discrimination shall contact the Human Relations Department at (402) 444-5025 (B/TDD
444-5055).
P:\PLN3\6041.SAP
-5-
11/ 1T i
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal
opportunity in housing, the City of Omaha establishes procedures to
affirmatively market units constructed or rehabilitated under any City-assisted
program or project. These procedures are intended to further the objectives of
Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that
individuals who normally might not apply for vacant rehabilitated units because
of their race or ethnicity:
. know about the vacancies
. feel welcome to apply
. have the opportunity to rent the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants, and owners about Federal fair
housing laws and affirmative marketing policies
The City of Omaha will inform the public, potential tenants, and
owners about its affirmative marketing policy and Title VIII and
Executive Order 11063.
The City will place public notices in the Omaha World Herald and
the North Omaha Star to inform owners of the program.
. City representatives will meet with property owners and assist them
in preparing program applications as requested and necessary.
. Owners selected for a program shall notify in-place tenants in
writing of their involvement in the program and provide them with
the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while
his/her unit is being rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the
rehabilitation.
. Owners shall post the HUD Equal Housing Opportunity Logo in the
project building and display the Fair Housing Poster in their
rental office.
Owners shall use media accessible to minorities when advertising
the availability of rental units
▪ Owners shall use the Equal Housing Opportunity logo, slogan or
statement in all advertising.
. Owners shall maintain a non-discriminatory hiring policy.
. Owners shall adopt a fair housing policy.
2. Informing low and moderate-income persons about available units
Property Owners having vacant rental rehabilitation units may call the Omaha
Housing Authority (OHA) (444-6900) and place units on OHA's "Available Unit"
list. This list is distributed to families who have received Certificates
of Family Participation and are looking for units to rent. The listing will
remain on the "Available" list for 35 calendar days then be removed. If
still vacant, the property may be relisted.
When rehabilitated units are available for initial occupancy, the owner
shall inform the following outreach agencies of this fact in writing and
submit a copy of the letters to the City of Omaha, Planning Department,
Housing and Community Development Division, Rental Rehabilitation Program,
1819 Farnam Street, Room 1111, Omaha, Nebraska 68183:
. Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
• Native American Community Development Corp.
2226 Leavenworth Street
Omaha, Nebraska 68102
Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
. Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
3. Recordkeeping
The City of Omaha will keep records of the following:
▪ local media advertisements of the Rental Rehabilitation Program
▪ contact dates with outreach agencies and Omaha Housing Authority
• correspondence informing outreach agencies of vacancies
. Race and gender data of initial occupants and persons inquiring
about availability of units
Tenant Survey forms
-2-
4. Assessment of Actions
The Owners' affirmative marketing efforts will be assessed by the City to:
• determine good faith efforts of Owners to affirmatively market
vacant units; and,
. determine whether a sufficient number of racial and ethnic families
have applied for vacant units.
The City will take corrective action if it is found that property owners are not
carrying out established procedures of the City's Affirmative Marketing Policy
and Monitoring Procedures.
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the H.U.D. Equal Housing Opportunity Logo in the
building project, and in the rental office.
b) The Owner shall submit to the City a copy of all letters notifying the
outreach agencies listed below of vacancies:
. Omaha Housing Authority
540 South 27th Street
Omaha, NE 68105
. Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
. Native American Community Development Corp.
2226 Leavenworth Street
Omaha, NE 68102
. Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
. Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
c) The Owner shall submit to the City a copy of .all advertisements placed
in the local newspapers. All advertisements must include the Equal
Housing Opportunity Logo, Slogan, or Statement.
d) The Owner shall submit to the City a Racial/Gender Form, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics,
income, family size, and gender for each person responding to the
advertisement.
e) The Owner shall meet with each in-place tenant and all tenants of
initially occupied vacant units and complete a Tenant Survey Form, a
copy of which is attached and marked Exhibit 2.
-3-
f) The Owner shall submit to the City the original Tenant Survey Form and
retain a copy for proper recordkeeping.
g) The Owner shall provide each in-place tenant in the project with a copy
of the City of Omaha's written Tenant Assistance Policy (TAP) and shall
advise said tenant(s) of the impact of the project on him or her. The
Owner shall provide the TAP to the tenant immediately after submission
of the owner's application for participation in the Rental
Rehabilitation Program.
2 Duties and Responsibilities of the City
a) The City shall assess the affirmative marketing procedures to determine
good faith efforts of the Owner to affirmatively market the vacant units
by monitoring the Owners' performance in carrying out the Duties and
Responsibilities of the Owner as outlined in Section 1.
b) The City shall assess the affirmative marketing efforts of the Owner to
determine whether a sufficient number of racial and ethnic families have
applied for vacant units. This determination will be made by reviewing
the information provided on the Racial/Gender Form and Tenant Survey
Form to determine the proportion of racial/gender participation versus
overall participation.
c) The City shall take the following corrective action if it is found that
the Owner is not carrying out established procedures of affirmatively
marketing units:
. Notify the Owner in writing of any violations of the Owners Duties
and Responsibilities.
. The Owner will be given thirty (30) days upon receipt of written
notification to provide evidence of compliance. Upon the Owner's
request, the City will provide technical assistance.
. If the Owner fails to comply with the Affirmative Marketing Policy
and Monitoring Procedures the City may declare the loan in default.
-4-
HOLY NAME EDIT E'd
#/' 1
HOUSING
CORPORATION
April 6, 1998
City of Omaha Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1111
Omaha, NE 68183
RE: SCOPE OF WORK
Holy Name Housing Corporation (HNHC)
Renovation of Single Family Homes -HOME Funds
HNHC will acquire and renovate approximately ten homes in order to continue revitalization efforts in
the Holy Name Housing Target Area. This Target Area is an area bounded by Curtis Street on the
north, Hamilton Street on the south, 16th Street on the east and 60th Street on the west.
HNHC will provide pre-purchase counseling to low income families who purchase these homes.
HNHC will assist families to secure private financing for a first mortgage at an affordable rate and to
meet city requirements for second mortgage.
HNHC will maintain such records and accounts, including property, personnel and financial records as
are deemed necessary by the City to assure proper accounting for all expenses.
HNHC will make best efforts to ensure that construction services, contracts and employment
opportunities are affirmatively marketed to women and minority groups.
HNHC will employ affirmative marketing procedures in the advertising and marketing of the completed
houses.
Sincerely,
Sr. Marilyn oss
Executive Director
3014 North 45th Street
Omaha, Nebraska 68104
(402) 453-6100
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1
Exhibit I
Holy Name Housing Corporation
Deferred Payment Loan Determination Process
The prospective home purchaser in the Holy Name Housing Corporation's home ownership
program will proceed through the following loan approval process:
• Initial assessment by HNHC representative to insure that the client's intent is home
ownership. If so, the home ownership program is briefly described and an application
is completed.
• The completed application is reviewed for eligibility by the HNHC Housing Developer.
Employment history, income and level of debt are reviewed for initial eligibility.
Apparent application difficulties and strengths are reviewed. If no obvious
disqualifying issues are identified, the applicants are asked to obtain a credit report.
• The credit report is examined with the applicants. Any blemishes on the credit report are
discussed and a plan of action is implemented to clear credit problems . If no difficulties
are found, or when the problems are cleared up, the applicants are provided a list of
HNHC houses which the applicants would be qualified to purchase, based on the total
family income.
• When the applicants have selected a home they would like to purchase, they are referred
to Omaha 100, Inc. to complete the loan application process and secure permanent
mortgage financing.
• During the loan approval process, all income sources are identified and verified. The
Housing to Income Ratio can not exceed 33% and the Debt to Income Ratio can not
exceed 42% of the applicant's monthly income.
• When all conditions are met and first mortgage financing is tentatively approved, the
application is routed to the City Planning Department for a request for second mortgage
deferred payment loan (DPL) financing approval.
DPL Formula:
The DPL request is for an amount which will reduce the purchase price of the house to
an amount where the monthly housing payment of the first mortgage is less than or
equal to 33%of the applicant's income.
Under no circumstances does the DPL exceed $25,000.00 for newly
constructed property or $15,000.00 for a home that was rehabilitated by
HNHC.
1
EXHIBIT 1
RACE/GENDER FORM
Number of
Loan No. Date Vacant Units
Owner Project Address
Person Completing Person's
This Report Phone No. Home:
Project Completion Date Work:
Female
Race/Ethnicity Head of
Family Monthly of Head of Household
Applicant Size Income Household Yes/No
EXHIBIT 2
CITY OF OMAHA
RENTAL REHABILITATION PROGRAM
TENANT SURVEY FORM
A. GENERAL INFORMATION RACE
Name Telephone
Address APT. #
DATE FIRST OCCUPIED UNIT:
Head of Household is: Male Female Elderly Handicapped
Number of Occupants: Total No. Adults No. Children Under 18
GROSS MONTHLY INCOME OF HOUSEHOLD:
Name Monthly Gross Income
$
TOTAL GROSS MONTHLY INCOME $
B. HOUSING CHARACTERISTICS:
Monthly Housing Cost:
Monthly Contract Rent $
Average Monthly Utility Cost .$
Monthly Housing Cost $
Unit Size: Efficiency 1 BR 2 BR 3 BR Other
C. TENANT ASSISTANCE RECOMMENDATIONS (If Applicable):
Remain in Present Dwelling. Move to Another Dwelling in Building
Rent Elsewhere Purchase . Subsidized Housing None
Location/Neighborhood Contributions:
Special Needs (Disabilities, Pets, Etc.)
Size of Dwelling Required:
Remarks:
Owner Date
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 28 19 9 8
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,under Title II of the National Affordable Housing Act of 1990,the City
of Omaha annually receives a HOME Investment Partnerships Program entitlement for the purpose
of providing affordable housing opportunities for low income households; and,
WHEREAS,the Holy Name Housing Corporation Target Area,an area defined Curtis
Avenue on the North, Hamilton Street on the South, 16th Street on the East and 60th Street on the
West, is an area of predominately low and moderate income residents; and,
WHEREAS,the Omaha City Council,on December 16, 1997 by Resolution No. 3397
approved the 1998 Consolidated Submission for Community Planning and Development Programs
which included the Holy Name Housing Corporation Revolving Loan Fund Program; and,
WHEREAS,the Holy Name Housing Corporation proposes to acquire,rehabilitate/
construct, and sell approximately twenty houses during the term of the Agreement; and,
WHEREAS, the Holy Name Housing Corporation plans to provide mortgage
financing to potential homeowners in the Target Area at an affordable rate; and,
WHEREAS, a determination has been made that this Revolving Loan Program
provides housing which benefits low and moderate income persons or addresses slums and blighted
conditions on a spot basis; and,
WHEREAS, it is in the best interests of the citizens of the City of Omaha to initiate
the acquisition and rehabilitation/construction of single family dwelling units in the Holy Name
Housing Corporation Target Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
•
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 28 19 98
PAGE 2
• THAT,the attached Agreement,as recommended by the Mayor, between the City of
Omaha and the Holy Name Housing Corporation, a Nebraska non-profit corporation, 3014 North
45th Street,Omaha,Nebraska 68104,for a Revolving Loan Fund in the total amount of$200,000.00,
comprised of$160,000.00 in FY 98 HOME Funds and$40,000.00 in FY 98 General Funds,for the
acquisition and rehabilitation of vacant houses,the construction of new single-family houses and the
marketing and selling of approximately twenty of these housing units to lower-income households
in the Holy Name Housing Corporation Target Area, is hereby approved. Funds in the amount of
$160,000.00 shall be paid from the HOME Program Fund No. 186, Organization No. 5014, and
$40,000.00 shall be paid from City of Omaha General Fund No. 001,Agency No. 110,Organization
No. 1106, Object No. 8010.
APPROVED AS TO
FORM:
1/A/07(
ASSISTANT CITY ATTORNEY DATE
P:\PLN2\7426.Sla
By..
Councilmember
Adopted APR 2 8 998
it C�r 4)
Approved
�
Mayor
,
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