HomeMy WebLinkAboutContract 57219 CSC No.:
CSC No.57219
COOPERATION AGREEMENT
BETWEEN
THE CITY OF FORT WORTH,TEXAS
AND THE
TEXAS HOUSING FOUNDATION
(Webber Garden Apartments)
WHEREAS,on October 12,2021,under provisions of the Texas Local Government Code,
Section 392.017(d), the City of Fort Worth, Texas, a home rule municipality organized under the
laws of the State of Texas (the "City"), declared that there is a need for the Texas Housing
Foundation, a Texas regional housing authority organized under Chapter 392 of the Texas Local
Government Code,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 rents
they can afford;
WHEREAS, Texas Local Government 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, on October 8, 2021 the Board of Commissioners of the Texas Housing
Foundation also adopted a resolution to exercise its powers in the City of Fort Worth and the
operation of the area of the Housing Authority of the City of Fort Worth specific to the Webber
Gardens Apartments project and authorizing it to enter into cooperation agreements with the
Housing Authority of the City of Fort Worth and the City of Fort Worth under Section 392.059;
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
agreement to cooperate under this Cooperation Agreement (the "Agreement")to allow the Texas
Housing Foundation to provide housing for lower income residents 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, Texas Local Government Code,
Chapter 392 to finance, plan, undertake, or operate a housing development specifically, by and
through two apartment complexes: (a) Webber Gardens Apartments located at 4830 Virgil
Street, Fort Worth, Texas 76119 and (b) Garden Gate Apartments located at 6901 N. Beach
Street, Fort Worth, Texas 76137,
Section 3. Housing Authority Authorization. The Texas Housing Foundation is
authorized to acquire land, develop site improvements, construct and rehabilitate buildings for the
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.
OFFICIAL RECORD
Cooperation Agreement—Texas Housing Foundation CITY SECRETARY
FT.WORTH, TX
CSC No.:
Section 4: Specific Authorization. The Texas Housing Foundation is authorized to
negotiate to create and own one or more entities that will participate in the ownership structure of
both the Webber Garden Apartments complex and the Garden Gate Apartments complex located
within the territorial boundaries of the City of Fort Worth,and is also authorized to own,operate,
and manage such projects for the benefit of lower income residents of Fort Worth.
Section 5. Future Housing Project Development.The Texas Housing Foundation is not
authorized to undertake housing projects other than those listed herein within the City of Fort
Worth on its own or in collaboration with another housing development organization except
through the separate approval of the City Council of Fort Worth.
Section 6.Annual Reports.The Texas Housing Foundation shall submit within 120 days
after the end of its fiscal year a report to the City Manager of his designee of the City describing
the housing and services operation undertaken for the benefit of lower income residents of the City
of Fort Worth and other activities of the Texas Housing Foundation in the City,
Section 7. Preservation of Authority. No applicable provision or intention in this
Agreement limits the authority or power of the City to exercise its powers under any law, No
provision of intention of this 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 Agreement or in the area of operation of the Texas Housing Foundation defined in Texas
Local Government Code 392.013.
Section 8. Implementation. The City Manager or his designee 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 or intention of this Agreement and the authorizing
resolutions. The City Manager, or his designee, may make any amendments or modifications to
this Agreement that are necessary to fulfill the intent of this Agreement.
EXECUTED AND EFFECTIVE as of the last date indicated below by the parties' signatures.
CITY OF FORT WORTH TEXAS HOUSING FOUNDATION,
a Texas regional housing authority
BY: BY: — (
Fernando Costa, Assistant City Manager Mark Mayfield, President
Mar 7,2022
DATE: DATE: dCJJJa bpr 1�2 1 20 a
Cooperation Agreement—Texas Housing Foundation OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
CSC No.:
RECOMMENDED BY:
BY:
Victor Turner,Neighborhood Services Department Director
APPROVED AS TO FORM AND LEGALITY:
BY: Jo Gunn Mar ,202209:26CST)
Jo Arai Gunn, Sr.Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for monitoring and administration of
this agreement, including ensuring all performance and reporting requirements.
J1"
BY: AMY o (Mar4,202211:47 CST)
Amy Connolly, Assistant Neighborhood Services Department Director
ATTEST: ��F°FORT��a�
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BY: Jannette S.Goodall(Mar 7,202213:14 CST) V o o°�.
Jannette Goodall, City Secretary d0-0 o is
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Cooperation Agreement--Texas Housing Foundation Page 3
A Resolution
NO. 5485-10-2021
A RESOLUTION DECLARING A NEED FOR AND AUTHORIZING THE TEXAS
HOUSING FOUNDATION TO EXERCISE ITS POWERS WITHIN THE
TERRITORIAL BOUNDARIES OF THE CITY OF FORT WORTH, TEXAS AND
AUTHORIZING A COORPERATIVE AGREEMENT FOR THE PURPOSE OF
REHABILITATING TWO AFFORDABLE HOUSING DEVELOPMENTS
WHEREAS, there exists in the City of Fort Worth a shortage of safe and sanitary
housing available to lower income residents at rents they can afford; and
WHEREAS, the Texas Housing Foundation ("Foundation") is a regional housing
authority with 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 City; and
WHEREAS, the Foundation has the ability to receive housing bond capacity, federal
tax credits, and to operate public finance corporations to provide affordable housing;
WHEREAS, the Foundation is proposing to rehabilitate and extend the affordability
period for two existing affordable housing developments in the City, specifically the
Garden Gate Apartments and the Webber Gardens Apartments;
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 ("Cooperation Agreement") under Section 392,059; and
WHEREAS, it is recommended that the City Council authorize the Foundation to
exercise its powers within the boundaries of the City of Fort Worth to rehabilitate and
extend the affordability periods for the Garden Gate Apartments and the Webber Garde ns
Apartments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
1. Pursuant to Texas Local Government Code, Section 392.017(d)(1), the City
Council, which is the governing body for the City of Fort Worth, declares that
there is a need for the Foundation to exercise its powers in the territorial
boundaries of the City of Fort Worth to provide decent, safe, and sanitary housing
that is affordable for lower income residents of Fort Worth.
2. Pursuant to Texas Local Government Code, Section 392.017(d)and the
Cooperation Agreement authorized by Section 392.059, which is attached hereto
and incorporated herein, between the Foundation and the City of Fort Worth, the
Foundation is hereby authorized to exercise its powers within the City of Fort
Worth for the purpose of rehabilitating the Garden Gate Apartments located at
6901 North Beach Street, and the Webber Gardens Apartments located at 4830
Virgil Street (collectively the "Housing Projects").
3. The City of Fort Worth agrees to cooperate with the Foundation to allow the
Foundation to provide housing for lower income residents in the territorial
boundaries of the City of Fort Worth consistent with the terms of the Cooperation
Agreement.
4. The Foundation is authorized to exercise its powers under the Texas Housing
Authorities Law, the Texas Local Government Code Chapter 392 to finance, plan,
undertake, rehabilitate, or operate the Housing Projects in the City of Fort Worth
consistent with the terms of the Cooperation Agreement.
5. The City Manager or his designee is hereby authorized to execute the Cooperation
Agreement on behalf of the City of Fort Worth and to make any modifications or
amendments to the same that are necessary to fulfill the intentof the agreement.
Ado ed this iv of October, 2021.
Mattie Parker, Mayor
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Ronald P. Gonzales, ActingGy Secretary