File #: RS2021-1239    Name:
Type: Resolution Status: Passed
File created: 11/4/2021 In control: Metropolitan Council
On agenda: 11/16/2021 Final action: 11/16/2021
Title: A Resolution authorizing the Metropolitan Development and Housing Agency to negotiate and enter into a PILOT Agreement and accept payments in lieu of ad valorem taxes with respect to a multi-family housing project located at 101 Factory Street, known as Chestnut Hill.
Sponsors: Colby Sledge, Sean Parker, Burkley Allen, Ginny Welsch
Attachments: 1. RS2021-1239 Chestnut Hill PILOT Agreement, 2. RS2021-1239 HUD Certificate
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A Resolution authorizing the Metropolitan Development and Housing Agency to negotiate and enter into a PILOT Agreement and accept payments in lieu of ad valorem taxes with respect to a multi-family housing project located at 101 Factory Street, known as Chestnut Hill.

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WHEREAS, Tennessee Code Annotated 13-20-104 ("the Act") authorizes a Metropolitan Government for which a housing authority is created to delegate to such housing authority the authority to negotiate and accept payments in lieu of ad valorem taxes ("In Lieu of Tax Payments") from the housing authority's lessees operating low-income housing tax credit property ("LIHTC Property") upon a finding that such payments are deemed to be in furtherance of the housing authority's public purposes; and

WHEREAS, the Metropolitan Development and Housing Agency ("MDHA") was created pursuant to state law and is the housing authority for the Metropolitan Government; and

WHEREAS, by Ordinance No. BL2015-1281 as amended by Ordinance Nos. BL2016-334 and BL2016-435 (the "LIHTC Ordinance"), the Metropolitan Council (i) authorized MDHA to negotiate and accept In Lieu of Tax Payments from qualified lessees of LIHTC Property owned by MDHA and (ii) approved MDHA's program for determining qualifications and eligibility for such In Lieu of Tax Payments, a copy of which was attached to the LIHTC Ordinance (the "PILOT Program"); and

WHERAS, the Metropolitan Council approved an annual tax abatement not to exceed $2,500,000; and

WHEREAS, a balance in the amount of annual funding available for LIHTC's is currently $563,611 after accounting for the following projects: Poplar Bend ($440,861), Riverwood Tower ($31,616), Chippington Towers ($405,929), Shelby House ($242,296), 900 Dickerson ($412,413), Fairgrounds Site C (204,329), Richland Hills (198,945).

WHEREAS, ECG Chestnut Hill, LP ("Owner") plans to acquire land located at 101 Factory Street (the "Project Site"); and

WHEREAS, Owner has proposed that an apartment ...

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