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Resolution authorizing: (i) the condemnation of certain real property, located at 7130 Frankstown Avenue, together with the 100-unit apartment building located thereon (collectively, “Homewood House”) and (ii) the negotiation and execution of any documents or agreements necessary with the Housing Authority of the City of Pittsburgh (“HACP”) for the coordination, funding, operation and management of Homewood House, in order to preserve affordable housing and ensure that low-income and extremely low-income residents are not displaced.
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WHEREAS, pursuant to Pennsylvania Eminent Domain Code, 26 Pa. C.S. § 101 et seq., the City of Pittsburgh is authorized to take, by eminent domain, private property for a public purpose; and
WHEREAS, pursuant to Pennsylvania Housing Authorities Law, P.L. 955, No. 265 § 10 (d), HACP has the power to cooperate with the City of Pittsburgh; and
WHEREAS, HACP is authorized by Pennsylvania Housing Authorities Law, P.L. 955, No. 265 § 10 (f) to “take over by purchase, lease, or otherwise, any housing project located within its field of operation undertaken by any government”; and
WHEREAS, Homewood House is currently at risk of foreclosure as its current owner, Homewood House Apts, LLC, filed for Chapter 11 bankruptcy; and
WHEREAS, the foreclosure or potential sale of Homewood House would result in a housing crisis for the residents of Homewood House and the City of Pittsburgh as it could divest the residents’ leases and further exacerbate the ongoing affordable housing crisis within the City of Pittsburgh; and
WHEREAS, the City of Pittsburgh wishes to address the affordable housing needs of the citizens of the City of Pittsburgh as the preservation of affordable housing is critically important to the City of Pittsburgh; and
WHEREAS, to facilitate the continued management and operation of Homewood House, the City of Pittsburgh will need to acquire a fee interest in, over, under, through and across 7130 Frankstown Avenue, Pittsburgh, PA 15235 (the “Subject Property”), by exercising its powers of eminent domain (the “Condemnation”); and
WHEREAS, City Council believes it is in the best interest of the City of Pittsburgh and its residents to (i) collaborate with HACP in connection with any Condemnation proceedings and (ii) enter into any agreements, documents, certificates or other instruments necessary to acquire, operate and maintain Homewood House, including but not limited to the City of Pittsburgh and HACP entering into an agreement or agreements to collaborate, work together and fund the Condemnation and the future operations and management of Homewood House (the “Funding Agreement”); and
WHEREAS, City Council deems it proper, expedient, and in the best interest of the City of Pittsburgh and its residents to authorize the Condemnation as the Condemnation will enable the City of Pittsburgh to promote the safety and welfare of its citizens by providing necessary affordable housing to its residents through HACP, or any of its subsidiaries.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The acquisition of the Subject Property by the City of Pittsburgh through the process of Condemnation, and such expenses in connection with the Condemnation, be and the same hereby is, authorized, ratified, and approved.
Section 2. The Mayor, the Director of the Office of Management and Budget, and the Director of the Department of Finance, (the “Authorized Persons”), on behalf of the City of Pittsburgh, are hereby authorized to take all actions as may be necessary or desirable in order to fully carry out the intent and to accomplish the purposes of the foregoing resolutions, including without limitation, the institution and prosecution of Condemnation proceedings as necessary to vest title to the Subject Property in the City of Pittsburgh, and to execute, deliver and record the Funding Agreement with HACP, or any of its subsidiaries or partners, and all such other documents, certificates, opinions, assignments, easements, agreements or other instruments as in his or her judgment may be necessary or desirable in order to fully carry out said intent and to accomplish said purposes, and any such actions so taken or documents, certificates, opinions or other instruments so executed, delivered or recorded by them, or any of them, shall be conclusive evidence of his or her authority.
Section 3. Notwithstanding the foregoing, the Funding Agreement and such documents, certificates, opinions, assignments, easements, agreements or other instruments to be executed in connection with this Resolution shall be reviewed and approved as to form by the City Solicitor.
Section 4. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.