R-2017-4222 - 2/23/2017RESOLUTION NO. R-2017-4222
A RESOLUTION AUTHORIZING THE TEXAS HOUSING FOUNDATION TO
EXERCISE ITS POWERS WITHIN THE TERRITORIAL BOUNDARIES OF
THE CITY OF ROUND ROCK, TEXAS; AND AUTHORIZING A
COOPERATION AGREEMENT.
WHEREAS, there exists in the City of Round Rock a shortage of safe and sanitary housing
available to lower income residents at rents they can afford; and
WHEREAS, the Texas Housing Foundation ("Foundation") has significant experience and
expertise in successfully providing, developing, financing and managing housing projects that are
affordable to lower income residents and are assets to the community; 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 municipal housing authority to
exercise its powers in another jurisdiction, and authorizing a cooperation agreement under Section
392.059, Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK:
Section 1. The City Council is the governing body of the City of Round Rock.
Section 2. 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 Round Rock to provide decent, safe and sanitary housing that is affordable
for lower income residents of Round Rock. The Foundation is hereby authorized to exercise its
powers in the territorial boundaries of the City of Round Rock.
Section 3. Pursuant to Texas Local Government Code, Section 392.017(d)(2) and the
Cooperation Agreement attached hereto and incorporated herein between the Foundation and the City
of Round Rock, the Foundation is hereby authorized under Texas Local Government Code Section
392.059(a) to exercise its powers within the City of Round Rock. The City of Round Rock agrees to
cooperate with the Foundation to allow the Foundation to provide housing for lower income residents
0112.1704; 00372525
in the territorial boundaries of the City of Round Rock 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, to finance, plan, undertake, construct, or operate
housing projects in the City of Round Rock, consistent with the terms of the Cooperation Agreement.
The Mayor is hereby authorized to execute the Cooperation Agreement on behalf of the City of Round
Rock.
Section 4. The Mayor is authorized to take any reasonable and necessary action to
effectuate the direction and intention of this resolution and the Cooperation Agreement.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 23rd day of February, 2017.
ATTEST:
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... L. WHITE, City Clerk
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
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.01
COOPERATION AGREEMENT
BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND THE
TEXAS HOUSING FOUNDATION
EFFECTIVE 52017
WHEREAS, on , 2017 under provisions of the Tex. Local
Government Code, Section 392.017(d), the City of Round Rock, declared that there is a need for
the Texas Housing Foundation, to exercise its powers within the territorial boundaries of the City
of Round Rock, Texas (the "City") because there exists in City of Round Rock a shortage of safe
and sanitary housing available to lower income persons at rentals they can afford;
WHEREAS, Tex. Local Govt. Code, Section 392.017(d), requires that the City Council
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 parties hereto, the City, and the Texas Housing Foundation
agree as follows:
Section 1: Cooperation Agreement. The City and the Texas Housing Foundation agree to
cooperate to allow the Texas Housing Foundation, to provide housing for lower income persons
in the City, consistent with the provisions below.
Section 2: Housing Project Authorization. The Texas Housing Foundation, is authorized
to exercise its powers under the Texas Housing Authorities Law, Tex. Local Govt. Code,
Chapter 392, to finance, plan undertake, or operate a housing project in the City as provided in
this Agreement.
Section 3: The Texas Housing Foundation is authorized to acquire land, develop site
improvements, and construct buildings for housing development within the territorial boundaries
of the City, and to operate and manage such project for the benefit of lower income residents of
the City (the "Project").
Section 4: The City and the Texas Housing Foundation agree that the Texas Housing
Foundation is exempt from payment of ad valorem real property taxes for the Project and agrees
the Texas Housing Foundation will each calendar year make a Payment in Lieu of Taxes
(PILOT) in an amount equal to the calculation of the ad valorem property taxes that would be
due to the City for the Project if the Texas Housing Foundation was not exempt from payment.
The Texas Housing Foundation or any successor owner of the Project, will be obligated to make
the annual PILOT payment to the City.
0114.1710; 00372711/ss2
Section 5. Annual Reports. The Texas Housing Foundation shall submit within 120 days
after the end of its fiscal year a report to the Mayor of the City describing the housing and
services operation undertaken for the benefit of lower income residents of the City of Round
Rock and other activities of the Texas Housing Foundation in the City.
Section 6. Fee Waiver. The City agrees to waive $10.00 in permit fees for the Project.
Section 7. Preservation of Authority. No applicable provision or intention in this
cooperation agreement limits the authority or power of the City to exercise its powers under any
law. 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,
Tex. Local Govt. 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
Foundation defined in Tex. Local Govt. Code 392.013.
Section 8. Implementation. The Mayor of the City 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 day of , 2017.
Attest:
City Clerk
City of Round Rock
By: Alan McGraw, Mayor
Texas Housing Foundation
By: Mark Mayfield, President
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