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(a) Definitions.
AFFORDABLE HOUSING. Housing is considered affordable if the monthly housing cost does not exceed 30% of the household’s monthly gross income. For homebuyers, housing cost includes the payment of principal, interest, taxes and insurance. For renters, it means the amount of rent paid, not to exceed the fair market rent for comparable units in the area as determined by HUD. For multifamily projects, at least 20% of the units should be affordable to low income households.
APPLICATION FEE. A non-refundable $100 fee charged by the city to process the application of an eligible housing nonprofit organization for the conveyance of tax foreclosure property in accordance with this section.
COSTS AND EXPENSES. Costs and expenses shall mean the costs and expenses as provided in Tex. Tax Code §§ 34.02 and 34.06.
ELIGIBLE HOUSING NONPROFIT ORGANIZATION. A current and active nonprofit organization which meets the following requirements:
a. 1. A nonprofit corporation described by 26 U.S.C. § 501(c)(3) that:
i. Has been incorporated in the State of Texas for at least one year;
ii. Has a corporate purpose to develop affordable housing that is stated in its articles of incorporation, bylaws or Charter;
iii. Has at least one-fourth of its board of directors residing in Fort Worth; or
iv. Engages primarily in the building, repair, rental or sale of housing for low income individuals and families (“low income households”).
2. A nonprofit organization that develops housing for low income households as a primary activity to promote community-based neighborhood revitalization in the City of Fort Worth.
b. Has a satisfactory record in leasing, acquiring, building or rehabilitating residential property and selling the property to low income households for the two years immediately preceding the application;
c. Demonstrates financial and management capacity to complete projects on the property after acquisition;
d. Has the capability, upon conveyance of the property, to obtain insurance to cover liabilities that may arise out of holding and developing the property; and
e. Has a designated person authorized by its board of directors as signatory on behalf of the organization.
ELIGIBLE PROPERTY. Real property obtained by the city following the foreclosure of a tax lien in favor of the city and other taxing entities that is capable of being developed for low income housing.
HOUSING DEVELOPMENT AS A PRIMARY ACTIVITY. A nonprofit organization is considered to develop housing for low income households as a “primary activity” or “engaged primarily” in housing development activities for low income households if it:
a. Has as a corporate purpose of developing and managing affordable housing for low income households as stated in its articles of incorporation or bylaws;
b. More than 50% of its budget or actual expenditures is related to housing development activities for low income households; or
c. Has a comprehensive or strategic revitalization or redevelopment plan which is approved, recognized or acknowledged by the city and includes the provision of housing development activities for low income households as a major strategy.
LOW INCOME HOUSEHOLDS. Individuals and/or families whose annual incomes do not exceed 80% of the median income for the area with adjustments for family size, as determined and updated by the U.S. Department of Housing and Urban Development (“HUD”).
TAX APPRAISAL VALUE. The value of a specific parcel of property as determined by the Tarrant appraisal district as of January 1 of the year the property is conveyed to an eligible housing nonprofit organization or by an independent certified appraiser.
TAX RESALE DEED WITHOUT WARRANTY. The legal instrument used by the city to transfer its interest and that of all the other taxing entities in the property to an eligible housing nonprofit organization pursuant to this section.
(b) Method of sale.
(1) The city may sell eligible property to an eligible housing nonprofit organization for the development of low income housing for an amount that is less than the lesser of:
a. The market value specified in the judgment of foreclosure; or
b. The total amount of judgments against the property.
(2) In general, the property shall be transferred to an eligible housing nonprofit organization for an amount equal to 20% of the tax appraisal value of the property plus costs and expenses. Provided, the property management department may in extraordinary circumstances recommend a higher or lower purchase price, but in no case shall the property be conveyed for less than the total of the costs and expenses incurred on the property.
(3) All conveyance shall be approved by the city council.
(c) Reserved.
(d) Application fee. The city shall charge an application fee for the processing of each application for the conveyance of eligible property.
(e) Procedure of sale. The property management department may develop procedures to implement this section.
(Ord. 13533, § 1, passed 7-28-1998; Ord. 18320-09-2008, §§ 3, 4, passed 9-30-2008; Ord. 21650-02-2015, § 6, passed 2-17-2015)
(a) Definitions. The words and phrases defined in this section have the following meanings:
LOCAL BUSINESS. A business with a principal place of business within the corporate limits of the City of Fort Worth.
PRINCIPAL PLACE OF BUSINESS.
a. A facility that is fully operational and has sufficient equipment, supplies and personnel to provide the product or service of the business in question to clients in the city without significant reliance on the resources of another entity or affiliate or of an auxiliary facility of the business which is located outside the corporate limits of the city.
b. A location utilized solely as a post office box, mail drop or telephone message center, or
any combination thereof, with no other substantial function, shall not be construed as a principal place of business.
(b) Contracts for personal property or services in an amount greater than $50,000 and less than $500,000 using lowest responsible bidder criteria. In purchasing any personal property that is not affixed to real property or services, if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 5% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract for an amount greater than $50,000 but less than $500,000 with:
(1) The lowest bidder; or
(2) The bidder that is a local business as defined herein, provided the city council determines, in writing, that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(c) Contracts for personal property in an amount equal to or greater than $500,000 using lowest responsible bidder criteria. In purchasing any personal property that is not affixed to real property, if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 3% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract for an amount equal to or greater than $500,000 with:
(1) The lowest bidder; or
(2) The bidder that is a local business as defined herein, provided the city council determines, in writing, that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(d) Contracts for construction services in an amount between $50,000 and $99,999.99 using lowest responsible bidder criteria. In purchasing any construction services if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 5% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract in an amount greater than $50,000.00 but less than $99,999.99 with:
(1) The lowest responsible bidder; or
(2) A responsible bidder that is a local business as defined herein provided the city council determines that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(e) Contracts for services, construction services, or personal property procured using the best value criteria. The city finds that awarding more contracts to local businesses can provide additional value to the city in the form of increased local capacity that allows the city to: (1) maintain and expand an able and competitive pool of businesses from which to procure goods and services; (2) improve employment opportunities for city residents; and (3) increase tax revenues to the city. Therefore, when procuring any services construction services, or personal property that is not affixed to real property, in determining the best value for the city, the city may consider, in addition to other relevant criteria as may be determined by the city:
(1) The bidder's principal place of business, if specifically included in the request for bids or proposals.
(f) Exceptions.
(1) This § 2-14 does not apply to the acquisition of:
a. Personal property that is not affixed to real property or services that are not acquired pursuant to Tex. Local Government Code Title 8; or
b. Professional services.
(2) Unless specifically allowed by federal law, this § 2-14 does not apply to any contract in which the federal government participates in the form of a grant or loan, or the city acts as a conduit for federal money.
(3) Section 2-14(b) herein does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. § 153.
(g) Rejection of all bids. This section does not prohibit the city from rejecting all bids.
(Ord. 20645-03-2013, § 1, passed 3-5-2013; Ord. 25533-06-2022, § 1, passed 6-14-2022)
(a) Definitions. For purposes of this section:
DEPARTURE DATE means the last day of employment with the city. When leave time is taken prior to termination, the departure date is the last day of the leave period.
FORMER CITY OFFICER shall mean any person, who immediately prior to his or her departure date with the city, was:
a. The city manager, assistant city manager, city attorney, city secretary, city auditor, municipal judge or municipal pro tem judge;
b. A director or assistant director of a city department; or
c. An employee of the city who had substantial and personal involvement in the handling of a matter as defined herein.
Notwithstanding the foregoing, a FORMER CITY OFFICER does not include any individual whose employment with the city was terminated or eliminated due to job outsourcing.
JOB OUTSOURCING means the transfer under an arrangement overseen by the city manager of an individual's job duties with the city to another entity that will employ that individual to carry out the same or similar job duties.
SUBSTANTIAL AND PERSONAL INVOLVEMENT means that a person, either as a person assigned to handle or participate in the handling of the matter or as a supervisor making decisions with respect to the matter, exercised discretion or decision-making in the handling of a matter.
(b) No former city officer shall, during the one year period following his or her departure date from the city, communicate directly with a member of the city council, a city employee, or a board or commission to influence municipal legislation or administrative action unless lobbying on behalf of another governmental agency as its employee or as a consultant under contract with the governmental agency. This subsection does not apply to a board or commission that is only advisory in nature.
(c) No former city officer shall, within one year period following his or her departure date, enter into a contractual relationship with the city or hold more than a 20% interest in any entity that has a contractual relationship with the city. Any violation of this subsection, with knowledge, express or implied of the person or entity will render the contract voidable by the city manager or the city council. If the contract is voided, the individual or company shall be barred from additional contracting with the city for a period of three years. This subsection does not apply to contracts awarded on a competitive bid basis.
(d) A former city officer shall be prohibited from communicating directly with the mayor, a member of the city council or a city employee in an attempt to secure access to information not otherwise available to the general public.
(e) Nothing in this subsection shall prohibit a former city officer from accepting employment with the city or another entity following his departure date.
(f) Nothing in this subsection shall prohibit a former city officer from serving on a city board or commission.
(g) A former city officer is afforded the same rights as any citizen to address the city council in public meetings for their own benefit or to make uncompensated direct communications to the city council relating to matters of purely civic or public concern
(h) Any violation of this section shall be punished by a fine of not more than $500 for each offense. Each day that a violation exists shall constitute a separate offense.
(Ord. 23981-12-2019, § 1, passed 12-10-2019, eff. 12-18-2019)
Charter reference:
City secretary, see Ch. III, § 7
Statutory reference:
Home rule cities’ authority to create offices, see Tex. Local Government Code § 26.041
Per the City Charter, the council shall appoint the city manager, who shall be the chief administrative and executive officer of the city. The city manager shall have all the powers and duties as outlined in the City Charter. Appointment, compensation, removal and all other matters concerning the city manager shall be controlled by the provisions in the City Charter.
(Ord. 24030-02-2020, § 1, passed 2-4-2020)
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