The URL can be used to link to this page

Home My WebLink About22-862RESOLUTION NO. 22-862 A RESOLUTION OF THE CITY OF DENTON STATING NO OBJECTION TO A 4%HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSINGAND COMMUNITY AFFAIRS FOR THE PROPOSED NEW DEVELOPMENT OF THEPATHWAYS ON WOODROW TO PROVIDE AFFORDABLE RENTAL HOUSING;AUTHORIZING THE TEXAS HOUSING FOUNDATION TO EXERCISE ITS POWERS WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF DENTON; AUTHORIZING A COOPERATION AGREEMENT; AND PROVDING AN EFFECTIVE DATE. WHEREAS, THF Pathway on Woodrow, LP ("Applicant") is proposing the new development of a multi-family affordable rental housing development to be located approximately at 315 S. Woodrow Ln. Denton, TX 27205 to be named the Pathway on Woodrow Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, Applicant has requested a resolution stating no objection from the City; and WHEREAS, THF Pathway on Woodrow, LP operates as an instrumentality of the Texas Housing Foundation; and WHEREAS, the Texas Housing Foundation is a regional housing authority created under Texas Local Government Code, Chapter 392; and WHEREAS, Texas Local Government Code, Section 392.017 (d) requires that the governing body of a municipality adopt a resolution declaring a need for a regional housing authority to exercise its powers in another jurisdiction, and authorizing a cooperation agreementunder Section 392.059; and WHEREAS, the City Council of the City of Denton wishes to express it has no objection to this proposed Project’s application to TDHCA to facilitate the possible award of Housing TaxCredits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. As provided for in 10 Texas Administrative Code §11.3(e) and §1 1.4(c)(1 ) of the Qualified Allocation Plan, it is hereby acknowledged that the proposed Project is located in a census tract that has more than 20% Housing Tax Credit Units per total households. SECTION 3. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §1 1.3(e) and §1 1.4(c)(1) of the Qualified Allocation Plan. SECTION 4. In accordance with the requirements of Texas Government Code §2306.67071 and Texas Administrative Code §11.204(4), it is hereby found that: 1. Notice has been provided to the City in accordance with Texas Government Code, §2306.67071 (a); and 2. The City has had sufficient opportunity to obtain a response from the Applicantregarding any questions or concerns about the proposed Application; and 3 . The City has held a hearing at which public comment may be made on the proposedApplication in accordance with Texas Government Code, §2306.67071(b); and 4. After due consideration of the information provided by the Applicant and publiccomment, the City has no objection to the proposed Application; and SECTION 5. Pursuant to Texas Local Government Code, Section 392.017(d)(1), the City Council declares that there is a need for the Foundation to exercise its powers in the territorial boundaries of the City of Denton (“City”) to provide decent, safe, and sanitary housing that is affordable for lower income residents of the City. The Foundation is hereby authorized to exerciseits powers in the territorial boundaries of the City as set forth in the Cooperation Agreementattached hereto. SECTION 6. Pursuant to Texas Local Government Code, Section 392.017(d)(2) and the Cooperation Agreement attached hereto and incorporated herein between the Foundation and theCity, the Foundation is hereby authorized under Texas Local Government Code Section 392.059(a) to exercise its powers within the City. The City agrees to cooperate with the Foundation to allow the Foundation to provide housing for low- and moderate-income residents in the territorial boundaries of the City consistent with the terms of the Cooperation Agreement. The Foundation is authorized to exercise its powers under the Texas Housing Authorities Law, Texas Local Government Code Chapter 392 and the Texas Public Facility Corporation Act, Texas Local Government Code Chapter 303, respectively, to finance, plan, undertake, construct, or operatehousing projects in the City consistent with the terms of the Cooperation Agreement. The Cooperation Agreement only authorizes the Foundation to take action in the City for the proposedDevelopment to be known as Pathway on Woodrow. The City Manager is hereby authorized to execute the Cooperation Agreement on behalf of the City. SECTION 7. The City Manager is hereby authorized, empowered, and directed to certifythis Resolution to the TDHCA. SECTION 8. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out thisResolution. SECTION 9. This Resolution shall be effective as of its date of approval and passage byCity Council. „„„d=hE;"otiT;:tEl" yUUsoIution was mahTR£h£E wEn:: ,„dby the following vote [] - A: and approved Aye y/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: V/ \/ 1/ t/ 1/ b/ PASSED AND APPROVED this the q'b day of JbLrle_2022 E HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY b\\11111111/ B IiIrr : APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY B IiII(fr : 11geI):If(Inb E :) : j;TonE 2 4 :9:E : 4B r ay DocuSign Envelope ID: 3460206D-A388457F-819C-B8074FEEAF08 COOPERATION AGREEMENTBETWEEN THE CITY OF DENTON, TEXASAND THE TEXAS HOUSING FOUNDATION EFFECTIVE .3tQle7 , 2022 This Agreement is entered into as of the effective date above by and between the City of Denton, Texas, a municipal corporation (the “City”) and the Texas Housing Foundation, a regionalhousing authority (the “Texas Housing Foundation”). WHEREAS, on Tune q , 2022, under provisions of the Texas Local Government Code, Section 392.017(d), the City declared that there is a need for Texas Housing Foundation to exercise its powers within the territorial boundaries of the City because there exists in the City a shortage of safe and sanitary housing available to lower income persons at rental rates they canafford WHEREAS, Texas Local Government Code, Section 392.017(d), requires that the CityCouncil adopt a resolution authorizing the Texas Housing Foundation to exercise its powers in the City, and authorizing a cooperation agreement under Section 392.059(a); WHEREAS, the Board of Commissioners of the Texas Housing Foundation also adopted a resolution to exercise its powers in the City and authorized a cooperation agreement under Section 392.059(a); NOW, THEREFORE, the City and the Texas Housing Foundation agree as follows: Section 1. Cooperation Agreement. The City and the Texas Housing Foundation agree tocooperate to allow the Texas Housing Foundation to provide housing for lower income persons in the City, consistent with the provisions of this Agreement. Section 2. Housing Project Authorization. The Texas Housing Foundation is authorized to exercise its powers under the Texas Local Government Code, Chapter 392, to finance, planundertake, and/or operate one or more housing projects in the City as provided in this Agreement. Section 3. Housing Authority Authorization. The Texas Housing Foundation is authorized to exercise its powers under Texas Local Government Code Chapter 392 to acquire land, develop site improvements, and construct buildings for one or more housing developments within the territorial boundaries of the City, and to operate and manage such projects for the benefit of lower income residents of the City provided that such projects are first approved by resolution by both the City Council and the Denton Housing Authority. This Cooperation Agreement authorizes the Texas Housing Foundation to take action to finance, acquire, plan, undertake, and/or operate an affordable multi-family housing development to be known as the Pathway on Woodrow apartments, consisting of 285 affordable housing units and located at approximately 315 S.Woodrow Lane, Denton, Texas 27205 . DocuSign Envelope ID: 3460206D-A388457F-819C-B8074FEEAF08 Section 4, Annual Reports. The Texas Housing Foundation shall submit within 120 days after the end of its fiscal year a report to the City Manager describing the housing and servicesoperation undertaken for the benefit of lower income residents of the City and other activities of the Texas Housing Foundation in the City. Section 5. Preservation of Authority. No provision of this cooperation agreement limits the authority or power of the City to exercise its powers under any law, including zoning or other codes or regulations or any authority or power granted City by State or Federal laws or regulations. No provision or intention in this cooperation agreement limits the authority or power of the Texas Housing Foundation to exercise its powers under the Texas Housing Authorities Law, Texas Local Government Code, Chapter 392, to finance, plan, undertake, construct, or operate a housing project under this Cooperation Agreement or in the area of operation of the Texas Housing Foundationdefined in Texas Local Government Code 392.013 . Section 6. Implementation. The City Manager and the President of the Texas Housing Foundation are authorized to take any reasonable and necessary action to effectuate and implement the direction and intention of this cooperation agreement and the authorizing resolutions. Agreed this q+day of June , 2022. CITY OF DENTON: 1 TEXAS HOUSING FOUNDATION IcLA - tcP as RaMbO fOIBYmENSLEY, CI MARK MAYFIELD, PRESIDENTMANAGER ATTEST:n\111111/if - JROSA RIOS,CITY SECRETARY APPROVED AS TO LEGAL FORM: / DocuSigned by:Eg MACK REINWAND, CITYATTORNEY BY:ACD0918F7341 425.. DocuSign Envelope ID: 3460206D-A388457F-819c-b8u/4rbbAruu THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operationalobligations and business terms U,fdI, St.'hI ignature Director of Community Services Title Community Services Department Date Signed: 06/02/22