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HomeMy WebLinkAboutResolution 4798-06-2017 A Resolution NO. 4798-06-2017 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 COOPERATION AGREEMENT 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") 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 ("Cooperation Agreement") under Section 392.059; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1. The City Council is the governing body of the City of Fort Worth. 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 Fort Worth to provide decent, safe and sanitary housing that is affordable for lower income seniors of Fort Worth. The Foundation is hereby authorized to exercise its powers in the territorial boundaries of the City of Fort Worth. 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 Fort Worth, the Foundation is hereby authorized under Texas Local Government Code Section 392.059(a) to exercise its powers within the City of Fort Worth. The City of Fort Worth agrees to cooperate with the Foundation to allow the Foundation to provide housing for lower income seniors in the territorial boundaries of the City of Fort Worth 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, rehabilitate, or operate housing projects in the City of Fort Worth, consistent with the terms of the Cooperation Agreement. The City Manager or his designee is hereby authorized to execute the Cooperation Agreement on behalf of the City of Fort Worth. ORT WO T Resolution No. 4798-06-2017 4. The City Manager or his designee is authorized to take any reasonable and necessary action to effectuate the direction and intention of this resolution and the Cooperation Agreement. Adopted this 13th day of June, 2017. ATTEST: (!D gyMary J. Kays ty cre ary ORTWORTFH COOPERATION AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE TEXAS HOUSING FOUNDATION WHEREAS, on , 2017 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 City a shortage of safe and sanitary housing available to lower income persons at rentals 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 , 2017 the Board of Commissioners of the Texas Housing Foundation also adopted a resolution to exercise its powers in the City and authorized a execution of the 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 under this Cooperation Agreement (the "Agreement") to allow the Texas Housing Foundation, to provide housing for lower income seniors in the City, consistent with the provisions below. Section 2: Housing_Proiect 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 rehabilitation project known as Casa, Inc. and located at 3201 Sondra Drive, Fort Worth, Texas 76107 as provided in this Agreement. Section 3: Housing Authority Authorization. The Texas Housing Foundation is authorized to acquire land, develop site improvements, 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 seniors of the City. 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 or his designee of the City describing the housing and services operation undertaken for the benefit of lower income seniors of the City of Fort Worth and other activities of the Texas Housing Foundation in the City. Cooperation Agreement 1 I P a g e Texas Housing Foundation Rev. 6.1.17 Casa, Inc. Redevelopment Section 5. 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 or intention in 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 6. 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 and intention of this Agreement and the authorizing resolutions. 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 Date: Date: APPROVED AS TO FORM AND LEGALITY: By: Paige Mebane, Assistant City Attorney ATTEST: By: City Secretary M&C: Date: Cooperation Agreement 2 P a g e Texas Housing Foundation Rev. 6.1.17 Casa, Inc. Redevelopment roposed Site zo i ¢ a , MUM l - a ` • . _ ' Wl i . , + r end NCasa Inc. West 7th UrbanVillage S EXISTI NG—PARK—BOUN DAR IES v t ' City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/13/2017 - Ordinance Nos, 22757-06-2017 & 22758-06- 2017 DATE: Tuesday, June 13, 2017 REFERENCE NO.: **G-19023 LOG NAME: 20FW SOUTH PAVEMENT CO FUNDS SUBJECT: Authorize Acceptance of Funds from La Vida Urban Living, LLC, in the Amount of$35,624.00 to Provide Additional Funds for the Near Southside Medical District Water and Sanitary Sewer Main Improvements Project, Authorize Transfer of Funds in the Stormwater Capital Projects Fund to the Council District 9 Street Repair and Reconstruction Project and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of funds from La Vida Urban Living, LLC, in the amount of$35,624.00; 2. Adopt the attached the appropriation ordinances increasing receipts and appropriations from available funds in the Water Capital Fund in the amount of$11,142.40 and in the Sewer Capital Fund — Legacy in the amount of$24,481.60 to provide additional funding for the Near Southside Medical District Water and Sanitary Sewer Main Improvements Project (CO2245); and 3. Authorize the transfer of appropriated funds in the Stormwater Capital Projects Fund in the amount of $12,481.00, from available funds to the Council District 9 Street Repair and Reconstruction Project (CO2375). DISCUSSION: On August 23, 2016, (Mayor and Council Communication (M&C) C-27883) the City Council authorized a contract with McClendon Construction, Company, Inc. (City Secretary Contract No. 48148) in amount of $3,079,663.55 for Round 1 of the combined Council District 9 Street Repair and Reconstruction Program (CO2375) and the Near Southside Medical District Water and Sanitary Sewer Main Improvements Project (CO2445) to address needed street improvements, water and sanitary sewer upgrades (to replace aging facilities and provide additional capacity to accommodate anticipated development) and to facilitate redevelopment and revitalization in identified areas of the Near Southside District. After construction started, a property owner on College Avenue, La Vida Urban Living, LLC, approached the City of Fort Worth about having its existing utility services upgraded to a larger size. An Agreement was made with the property owner to pay for the cost difference. The project would incorporate these upgrades by change order. This M&C is to accept and appropriate these private funds into the Near Southside Medical District Water and Sanitary Sewer Main Improvements Project. This M&C also authorizes a $12,481.00 transfer of Stormwater Capital Project Funds to cover a portion of Change Order No. 1 cost to replace existing undersized storm drain laterals in the Council District 9 Street Repair and Reconstruction Project. Authorizations provided with this M&C will result in no additional annual operating impacts to the Transportation and Public Works Department's or Water Department's operating budgets. Logname: 20FW SOUTH PAVEMENT CO FUNDS Page 1 of 2 The project is located in COUNCIL DISTRICT 9, Mapsco 76H, 76M, 77E and 77J. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget as appropriated, of the Stormwater Capital Projects Funds, the Water Capital Fund and the Sewer Capital Fund- Legacy. Responsibility for the collection and deposit of the donation is the responsibility of the Transportation & Public Works Department. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivityl Budget Reference # moun ID - ID Year (ChartField 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) Logname: 20FW SOUTH PAVEMENT CO FUNDS Page 2 of 2