HomeMy WebLinkAboutResolution 4552-12-2015 A Resolution
NO. 4552-12-2015
A RESOLUTION APPROVING FOR PURPOSES OF SECTION 147(f) OF THE
INTERNAL REVENUE CODE OF 1986, THE MULTIFAMILY HOUSING
REVENUE BONDS FOR THE GARDEN GATE APARTMENTS TO BE ISSUED BY
CAPITAL TRUST AGENCY, INC.
WHEREAS, Capital Trust Agency, Inc. (the "Issuer") is a Florida not-for-profit
corporation empowered to issue bonds to finance the acquisition, improvement and
rehabilitation of multifamily housing units inside and outside the State of Florida; and
WHEREAS, AOF Garden Gate FW, LLC (the "Borrower"), a Texas limited
liability company, whose sole member is AOF/Houston Affordable Housing Corp., a
Texas nonprofit corporation, is seeking to borrow funds from the Issuer to finance the
acquisition, improvement and rehabilitation of an existing multifamily housing
residential rental project commonly known as the Garden Gate Apartments, located at
6901 North Beach Street, Fort Worth, Texas 76137 (the "Project");
WHEREAS, the Borrower has requested that the Issuer issue multifamily housing
revenue bonds (the "Bonds") to finance such acquisition, improvement and
rehabilitation, in one or more series, at one or more times, in an aggregate principal
amount not to exceed $35,000,000, approximately $16,000,000 of which will be used for
the Project; and
WHEREAS, pursuant to the provisions of section 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), the City Council of the City of Fort Worth,
after the required public hearing following reasonable notice (the "TEFRA Hearing"),
must approve issuance of bonds by the Issuer to enable the Bonds to qualify as tax-
exempt obligations under the Code; and
WHEREAS, the TEFRA Hearing for the issuance of the Bonds pursuant to the
Plan of Finance was conducted at 6901 North Beach Street, Fort Worth, Texas 76137, on
December 10, 2015 by a designated hearing officer of the Issuer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Section 1. The City Council, solely for the purposes of section 147(f) of the Code, as the elected
legislative body having jurisdiction over an area in which the facilities to be financed are located, hereby
approves the proposed issuance of the Bonds pursuant to the Plan of Finance by the Issuer to finance the
acquisition, improvement and rehabilitation of the Project, in an amount not to exceed $35,000,000,
ORT WORT
Resolution 4552-12-2015
approximately $16,000,000 of which will be used for the Project, and authorizes Mayor Betsy Price to
execute an Approval Certificate evidencing such approval.
Section 2. The foregoing approval is given in accordance with the provisions of section 147(f) of the
Code and for no other purposes and is not to be construed as an undertaking by the City of Fort Worth.
The Bonds shall not constitute a liability, indebtedness, or an obligation of the City of Fort Worth nor
shall any of the assets of the City of Fort Worth be pledged to the payment of the Bonds.
Section 3. This resolution shall take effect immediately from and after its passage in accordance
with the provisions of the Charter of the City of Fort Worth and it is accordingly so resolved.
PASSED AND APPROVED, this December 15, 2015.
II-betsy� , "1Vlayor
APPROVED AS TO FORM AND LEGALITY:
By.
Sarah J. ullenwider, City Attorney
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Mary J. r C ty cretary 4
Signature Page—Resolution for TEFRA Approval for Garden Gate Apartments
ORT WORT
APPROVAL OF HIGHEST ELECTED OFFICIAL
WHEREAS, a public hearing was held on December 10, 2015 in the City of Fort Worth, Texas
by the Capital Trust Agency, Inc. (the "Issuer") with respect to the proposed issuance of one or more
series of bonds (the "Bonds") to be issued by the Issuer, at one or more times, in an aggregate principal
amount not to exceed $35,000,000, to finance, in part, pursuant to a plan of finance (the "Plan of
Finance"), the acquisition, improvement and rehabilitation of a multifamily housing residential rental
development located at 6901 North Beach Street, Fort Worth, Texas 76137, and no member of the public
appeared at such public hearing; and
WHEREAS, it is necessary for the undersigned, as the highest elected official of the City of Fort
Worth, Texas, to approve the Bonds to satisfy the requirements of section 147(f) of the Internal Revenue
Code of 1986, as amended(the"Code"); and
WHEREAS, on December 15, 2015, the City Council of the City of Fort Worth, Texas adopted a
resolution approving the Bonds to satisfy the requirements of section 147(f) of the Internal Revenue Code
of 1986, as amended (the "Code") and authorizing the highest elected official of the City of Fort Worth,
Texas,to execute this Certificate evidencing such approval; and
NOW, THEREFORE, the undersigned Mayor of the City of Fort Worth, Texas, hereby attests to
the City Council's approval of the issuance of the Capital Trust Agency Multifamily Housing Revenue
Bonds (The Garden Gate Apartments Project) Series 2016 in one or more series, at one or more times, in
an aggregate principal amount not to exceed $35,000,000, pursuant to the Plan of Finance, and such
approval shall be solely for the purposes of section 147(f) of the Code, and the City of Fort Worth, Texas
shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment
of the Bonds.
In Witness Whereof,I have set my hand this December ;2015.
.
�� Cry ofoFort Woh, Texas... ..........�
�. . 'Mayor ,H �. m���... .............
[Signature Page—Approval of Highest Elected Official]
REPORT OF HEARING OFFICER
(AOF GARDEN GATE FW,LLC)
This instrument shall constitute the official report of the undersigned designated official
of the Capital Trust Agency (the "Agency"), a separate legal and administrative agency created
and existing under Chapter 163, Part I, and Chapter 617, Florida Statutes, Chapter 163, Part 1, et
seq., Chapter 166, Part 11, Florida Statutes, Chapter 617, Florida Statutes and other applicable
provisions of law, with respect to a public hearing scheduled and held by the Agency on
December 10, 2015, in connection with the proposed issuance of the Agency's not exceeding
$35,000,000 revenue bonds (the "Bonds") on behalf of AOF Garden Gate FW, LLC, a Texas
limited liability company, or one or more subsidiary or affiliated corporations, limited liability
companies or limited partnerships (as applicable, the "Borrower"), whose principal office is at
4401 Northside Parkway, Suite 711, Atlanta, Georgia 30327. The proceeds of the Bonds will be
loaned to the Borrower for financing or refinancing the cost of the acquisition, improvement and
rehabilitation by the Borrower of existing low income multifamily rental housing facilities
blown as t1Te Garden Gate Apartments and located at 6901 North Beach Street, Fort Worth,
Texas (the "City"), as more frilly described on the attached Exhibit"A" (the "Facilities").
The public hearing was duly advertised in the Fort YYorlh Star-Telegran?, a newspaper of
general circulation in the jurisdiction of the City, on November 24, 2015. The proof' of
publication was presented to me at such hearing, and a copy is attached hereto as Exhibit "B"
(the "Notice"),
The hearing commenced at the time and location stated in the Notice. At such hearing,
interested individuals were afforded reasonable opportunity to express their views, both orally
and in writing, on all matters pertaining to the plan of finance and the financing of the Facilities,
and the proposed use of the proceeds were presented. When the information had been presented,
opportunity was given for members of the public in attendance to give their input. It was noted
that no written communication was received.
Appearing at the hearing were Philip Ken iedy, President of AOFIHouston Affordable
Housing Corp., the sole member of the Borrower, Denise Burrell and Nicole McQuar y
representing U.S. Residential Group, L.L.C., proposed property manager for the Facilities, and
Heather McDonald, representing the current manager of the Facilities. No other persons
appeared to offer comments or submit questions.
The undersigned then concluded the hearing.
Respectfully submitted,
Ed Gray III
Executive Director
Capital Trust Agency
7
ACTIVE 211442532v.3
EXHIBIT "A"TO
REPORT OF HEARING OFFICER
(AOF GARDEN GATE FW,LLC)
The Facilities consist of low-income multifamily rental housing facilities known as the
Garden Gate Apartments and located at 6901 North Beach Street, Fort Worth, Texas, consisting
of approximately 240 rental units. The Facilities are expected to be owned by the Borrower and
to be managed initially by U.S. Residential Group, LLC.
2
ACTIVE 211442532v.3
EXHIBIT "B"TO
REPORT OF HEARING OFFICER
(AOF GARDEN GATE FW,LLQ
PROOF OF PUBLICATION
[FOLLOWS]
3
ACTIVE 211442532v.3
State of Texas
County of Tarrant
Before me, a Notary Public in and for said County and State,this day personally
Appeared Ck (Z{St-1 V'-� (qu-2' ,Advertising
Representative for the Fort Worth Star-Telegram, at Fort Worth, in Tarrant County,
Texas and distributed in other surrounding Counties; and who, after being duly sworn,
Did dispose and say that the following clipping of an advertisement was published
In the above named paper on the follow dates:
a4, DU� S
Signed
Subscribed and sworn to before me, this the day of IfA6J-P-"' 020
020 ( 3
Notary Public 0�1J,O-LA 11J. ��
Tarrant County,Texas
TUESDAY NOVEMBER 24 2015 I 1 STAR-TELEGRAM
Farms, Lands, Ranches
FORT WORTH
Legal Notices FORECLOSURE
CITY OF SAGINAW
ORDINANCE NO.2015.09 AUCTIONS
AN ORDINANCE AMENDING ORDI- I_ong I ide H pies
NANCE NO 2015-03, WHICH ES- ,a•o.r, a-n
PLANNED DEVELOPMENT ADIS- Properties going to auction
TRICT; PROVIDING ADDITIONAL BUY NOW HUNT THIS YEAR!
DEVELOPMENT STANDARDS AND Knox County on Tuesday, December 1
MODIFYING THE DEVELOPMENT 4400 acres with Minerals, Big
PLAN; PROVIDING THAT THIS Deer,Dove,Quail,Turkey Ranch
ORDINANCE SHALL BE CUMULA- has not been hunted in over 20
TIVE OF ALL ORDINANCES; PRO- yrs,SouthWich!ta River Frontage VISIT WWW.AUCTION.COM/FW
VIDING A SEVERABILITY CLAUSE; Pipe Line Water,Electricity,Good
PROVIDING FOR PUBLICATION IN _ "' Roads,production,Priced to sell
THE OFFICIAL NEWSPAPER; Caif Joe W!Ison 214 784-3725 or
PROVIDING A PENALTY FOR VI- "Now Building Homes in Your Sam Vester 210 844-3942
OLATIONS HEREOF;PROVIDING A Community" www.venadogranderanch.!nfo ,
SAVINGS CLAUSE; AND PROVID-
SECTIOING EFFECTIVE DATE. Starting in the
firm or corporation who , 15 AC. CONCHO COUNTY, SW OF
Any person,
Low$100 s EDEN. END OF ROAD, FENCE 2
violates,disobeys,omits,neglects z
or refuses to comply with or who SIDES, LIVE OAK, MESQUITE
Alvarado (817)330.8610 COVER. NATIVE, EXOTIC GAME. ���� .[:19$ r • 3 ,:�°K,
resists the enforcement of any of Azie/W'Ford 817 330.8552
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ra
shall be fined not more than Two Fort Worth (817)385-7332 ranchenterprisesltd.com r-
Thousand Dollars ($2,000.00) for Lake Worth (817)385.7251 600ACRES ON river, Hunt, rough,
each offense. Each day that a Decatur (940)595.1642 home 50 ml W of Ft Worth an 120 , .
violation is permitted to exist shall Farmersville (214)736.8383 &hwy 281,$2500/acre. Broker
constitute a separate offense. Gainesville (940)202-7911 Joe Evans RE 817-999-9104
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20th DAY OF OCTOBER, 2015. Joshua (817)330-8585 Development Acres, Burleson/
GARY BRINKLEY,MAYOR Springtown (817)330.8552 Joshua approved final sub-division Fort Worth,TX 13BD/2BA I SFR Fort
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my - Charter school will hold a Rhome (817)983-7199 timber forest like setting,or equine Estimated Opening Bid:$60,000 Estir
public hearing on its Charter FIRST ranch,Via Chisholm Tr.Pkwy.less
rating Tuesday, December 8,2015 www.LongTide.com than 14 miles to Ft Worth SW Property ID:2005200 Prof
at 6:00 P.M. The hearing will be (817)595-2816 Harris Hospital,Hulen Mall and 120
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USDA Communities $40,000 per acre/make offer MM=
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Westlake Academy Board of Trustees will be conducting a public Lake Resort Sale.�n�hearing on December 7, 2015, at a= ._ _ _
6:00 pm to discuss the FY 2013-2014 n .sae w/septic pool, pier, 0urde,the Fedeai Fair Housing Art itis Illegal todauiminateIn the ienuforss!eofhousn9ganh
School FIRST Rating and the 2015 q ramp.$139/mo.Buys. DISCWU.ER:ihe sales for thaseproperrieshillnotIseconducted frytactionmm.He 'ddiq suJ
Annual Financial Management Re- 817-279-7075. uksandter"azndtondtanssttfalhbytheCounryo ehera thoriry.Formuelno n wn°aasea
port.The meeting will take place (o edosureFAOs)Autionromtsryparidngamak ngsereke forthrspaplatKorepesenucrnsu
at Town Hall,3 Village Circle,2nd yam- x ppr molded.tJlPmperyin!ormationmustt4independentlyy4ri6edhyyou.!domu oama/natdsnt�.
floor Council Chambers,Westlake, Fort Worth Real Estate Sertices Subjectto the County rules,terms and tonditionsiappiicab!eto the erenLTX05E0708.Audericom11,%
TX 76262. -
PUBLIC HEARING NOTICE RE- 76119 - 4458 Burke Rd. 3-2, ch/a, Real Estate Services Duplex Arlington Fc
GARDING Irg yard,$50,000(817)536-8936
ISSUANCE OF BONDS - KAT IV
A public hearing will be held at 1:00 "r EILEEN PETROSKI *** 76014-3-2 side yrd gar in b
p.m. (or as soon thereafter as Southlake Sale +$850dp$45 app fee 817
ppracticable)on December 10,2015 ° 76015-3 27j:$980/
in the Community Meeting Room, 2800A S.Fielder Rd 817-
of the Garden Gate Apartments
located at 6901 North Beach Street,
Fort Worth,Texas 76137,on behalf 0 1 -'> Crowley For Re
of a project to be owned by AOF
Garden Gate FW, LLC, a Texas ��
limited liability company, (the
Borrower"), whose sole member
is AOFIHouston Affordable Housing � �
Corp., a Texas nonprofit corpora- 7 6092 405 Shady Ln, 4 BR/4 BA f
tion, to connection with the issu-
ance 4,488 sf.1.9 acres, 879,900 Open
Issuer")of its Molt family Housing 1:OOpm-3:00pmay N682 552-7482,
Revenue Bonds (The Garden Gate dr @luxfortworth.com �
Apartments Project) Series 2016 - s ri BEST CASH OFFER
(the"Bonds")in one or more series 1 Dallas County For Sale FOR YOUR HOME
and to be issued at one or more
(the"Plan of Finance").The _ „y �._ MORE MONEY FOR YOU!!!
pproceeds of the Bonds will be used 75060 - 3-2-2 Owner Finance No • No Repairs A New Home Just in
to provide funds to fund the Banks Call/Text 682-554-3459 • No Commission Great Location!
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habilitation of a multifamily .�- • Fast Closing with Large Back Yards,fat
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housing residential rental project q p} p BBB.
commonly known as the Garden g1/■030!8995 CallToday 214-697-6292 sh)pmanco.com
Gate Apartments located at 6901 76043-4-3 Owner Finance No Banks www.HouseHuntersofDallas.com
North Beach Street, Fort Worth, Call 214-728.5544 KallhyBuyftuses•net
Texas 76137 (the "Project"). The --
maximum aggregate principal Johnson County Sale i Buy Houses
amount of the proposed Bonds to Fort Worth For f
be issued to finance the Project CASH!!
pursuant to the Plan of Finance Is Quick Sale-Fair Price NICE 2-1-1, $550mo, $50(
anticipated not to exceed 25 Min. from FW 817-590.9767
$35,000,000.All interested persons SW of Crowley,3-2 Home on Req'd 817 292-2535,817
are invited to submit written ;/a ac.East Credit.$1010 mo pmt.
comments to the Borrower prior to 817.457-2402 M-F JCASH�
the time set for the ppublic hearing . - "
or to attend the public hearing and W BUY H 17 ES
express comments they may have 1 CALL:TAYLOR esdfw com
regarding the proposed Bonds. Parker County For Sale wtvw.ibuyhomesdfw.com
Capital Trust Agency r �° -
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