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
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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