File #: RS2022-1887    Name:
Type: Resolution Status: Passed
File created: 11/18/2022 In control: Metropolitan Council
On agenda: 12/6/2022 Final action: 12/6/2022
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 616 North Dupont Avenue known as Birchstone Village.
Sponsors: Tonya Hancock, Kevin Rhoten
Attachments: 1. PILOT Agreement Exhibit
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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 616 North Dupont Avenue known as Birchstone Village.

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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 $373,660 after accounting for Clarksville Pike ($458,242), Dickerson Flats ($122,179), Stone Bridge ($470,653), Margaret Robertson ($72,207), HV Land Co ($525,513), Flats at Hickory Woods (94,094), and Ewing Heights ($383,452).

WHEREAS, Birchstone Village, LP ("Owner") plans to acquire land located at 616 North Dupont Avenue (the "Project Site"); and

WHEREAS, Owner has proposed that an apartment ...

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