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HomeMy WebLinkAboutResolution 4919-03-2018 A Resolution NO. 4919-03-2018 APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, THE MULTIFAMILY HOUSING REVENUE BONDS FOR THE PRINCE HALL GARDENS APARTMENTS TO BE ISSUED BY TRINITY RIVER PUBLIC FACILITY CORPORATION (COUNCIL DISTRICT 5) WHEREAS, Trinity River Public Facility Corporation (the "Issuer") is a Texas non-profit corporation created in accordance with the Public Facility Corporation Act, Chapter 303 of the Texas Local Government Code, exclusively for the purpose of assisting the Fort Worth Housing Authority in financing or providing public facilities and in particular affordable mixed income multifamily housing units in the State of Texas; and WHEREAS, FW Steele Prince Hall, LLC (the "Borrower"), a Texas limited liability company, is seeking to borrow funds from the Issuer to finance a portion of the cost of the acquisition and rehabilitation of an existing multifamily housing residential rental project commonly known as Prince Hall Gardens Apartments, containing approximately 76 units and located at 4820 East Berry Street in the City of Fort Worth, Texas (the "Project"), the approximate location of which is reflected in the attached exhibit; and WHEREAS, Issuer has expressed its official intent to issue tax exempt multifamily housing revenue bonds or other obligations in an aggregate principal amount not to exceed $8,000,000 (the "Bonds")to finance a portion of the costs of acquisition and rehabilitation; and WHEREAS, pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Council of the City of Fort Worth, after the required public hearing following reasonable notice (the"TEFRA Hearing"),must approve issuance of obligations by the Issuer in order for the obligations to qualify as tax-exempt obligations under the Code; and WHEREAS,the TEFRA Hearing regarding the Bonds and the Project was conducted at 1201 East 13th Street, Fort Worth, Texas, 76102 on November 9, 2017 by a designated hearing officer of the Issuer, evidence of which is attached hereto as an exhibit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The City Council, solely for the purposes of Section 147(f) of the Internal Revenue Code, as the elected legislative body having jurisdiction over an area in which the facilities to be financed with the proceeds of the Bonds are to be located, hereby approves the proposed issuance of the Bonds in an amount not to exceed AJ- ORTWO Resolution No.4919-03-2018 $8,000,000 to finance development of the Project and authorizes Mayor Betsy Price to execute an Approval Certificate evidencing such approval. 2. The foregoing approval is given in accordance with the provisions of Section 147(f) of the Internal Revenue 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 obligation of the City of Fort Worth, nor shall any of the assets of the City of Fort Worth be pledged to the repayment of the Bonds. 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 27"' day of March, 2018. Betsy Price APPROVED AS TO FORM AND LEGALITY: <_C mut By: �. Sarah J. F lenwider, City Attorney O�•FORT�'L ATTEST: By: Mar J. a s r, it ecretary lE�CAs oRTWoFRTH CERTIFICATE OF MAYOR OF CITY OF FORT WORTH,TEXAS REGARDING ISSUANCE OF TRINITY RIVER PUBLIC FACILITY CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (PRINCE HALL GARDENS APARTMENTS) WHEREAS, a public hearing was held on November 9, 2017, in the City of Fort Worth, Texas by Trinity River Public Facility Corporation (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 $8,000,000 (the "Bonds"), to finance a portion of the costs of acquiring and rehabilitating a multifamily housing residential rental development located at 4820 East Berry, Fort Worth, Texas 76105, and no comments were made by the general public 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 March 27, 2018, 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 Trinity River Public Facility Corporation Multifamily Housing Revenue Bonds(Prince Hall Gardens Apartments) in one or more series,at one or more times, in an aggregate principal amount not to exceed $8,000,000, 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 March 27,2018. C' ort o , exas By. s ice, Mayor EXHIBIT-APPROXIMATE LOCATION " STOP 6/POLY OVERSIGHT ASSN [No xe3, ■ 1 Cobb Park 14820 East Berry Street z W&NA d Elrry� � 3 R S i 00 IAMINB/ MrIN 9! 2B7 E Erw.�Y Of Federal Correctional EXHIBIT - INFORMATION REGARDING PUBLIC HEARING MINUTES OF PUBLIC HEARING Re: Trinity River Public Facility Corporation Multifamily Housing Revenue Bonds (Prince Hall Gardens Apartments) The undersigned Hearing Officer of the Trinity River Public Facility Corporation (the "Issuer") called the public hearing to order at 5:03 p.m. on November 9, 2017, at the offices of the Issuer, 1201 E. 13'h Street, Fort Worth, Texas 76102, regarding the issuance of the above- described Bonds. The Hearing Officer declared that the public hearing, required under Section 147(f) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds, the proceeds of which will be loaned to FW Steele Prince Hall, LLC to acquire, rehabilitate and maintain a multifamily residential rental facility to be known as the Prince Hall Gardens Apartments located at 4820 E. Berry Street, Fort Worth,Texas(the"Project'), containing approximately 76 units. The required notice of the public hearing for the Project was published in the Fort Worth Star-Telegram, being a newspaper of general circulation in the specific location of the Project and in the jurisdiction in which the public hearing was held, as set forth in the affidavit of publication attached hereto as Exhibit A. No comments were made by the general public at the public hearing with respect to the Project. After sufficient time was given for all present to make their comments with respect to the Bonds and the Project, the Hearing Officer declared the Public Hearing closed. Dated as of November 9, 2017. 1 Z;7 ryzyee Freema H ng Office 4813-5206-1780.0 Exhibit A Star-Tele Arlington Cit!zen-Journal I The Keller Citizen I La Estrella Mansfield No.ws-M!rtm I Star-Tetegreni Northeast I Weathtntord Star-Telegram star-telegram.com 1808 Throckmorton 9t.i Ft Worth,Tx.78102-83151800.77&7827 AFFIDAVIT OF PUBLICATION Accomt p Ad Number Identification PO Amount I Cols I Depth 600707 0003356594 NOTICE OF PUBLIC HEARING TRINITY RIVER $1,245.39 1 1 70.00 Li Attention: THE STATE OF TEXAS COATS ROSE County of Tarrant 14755 PRESTON ROAD STE 600 Before me,a Notary Public in and for DALLAS,TX 75254 said County and State,this day ND.ICE OF PUBLIC HEARING Personally appeared CHRISTINE TRIM RICVa l WLIC FACILITY LOPEZ.Bid and Legal Coordinator MULTIFAMILY HOUSING for the Star-Telegram,published by REVENUE BONDS (PRINCE HALL NTS ENS the Star-Telegram,Inc.at Fort APARTMNotice is hereby given of a public Worth, in Tarrant County,Texas;and hearing to be held on behalf of who,after being duly sworn,did Trinit River Public Facility Cor- poration (the "issuer") on depose and say that the attached Thursday,November 9 2017 at 5:08 pm, at 1201 6'ast 13th clipping of an advertisement was Street, fort Worth, Texas published in the above named paper 7b102,with respect to an issue P P P of multifamily housing revenue on the listed dates: bonds (the Bonds') to be Is- sued by the Issuer in one or more series of tax-exempt bonds in an a gregato principal mount note to exceed 8,000,000. The proceeds of the Bonds will be loaned to .FW 1 Insertion(s) Steele prince Hall LLC(or a re- lated person or affiliate thereof) Published On: (the "Borrower*), to finance a 9ortion of the costs of the reha- October 26,2017 liltation of a multifamily rest dential rental development known as Prince Hell Gardens Appartments (the "Developmem t") containing approximately 76 units and located at approxi- mate sY 4820 E. Berry Street, Fort Worth Texas, The Devel- opment will be initially owned by the Borrower. All interested persons are Invited to attend such public hearing to express their views with to- 3 pect to the Development and the issuance of the Bonds. uestlons or requests for addl- t onal Information may be di- rected to Sydnee Freeman,Trin- Ity River Public Facility Corpora. +� tion P.0.Box 430 Fort Worth, TX 16101(817)0.3400,www. fwhs.or . lPrbrcrNaiCferk) Persons who intend to appear at the hearing and express their views are invited to contact Ms. SUBSCRIBED AND SWORN TO Freeman either In writing or by telephone In advance of the BEFORE ME,THIS 26th day of hearing. Any interested persons unable to attend the hearing October in the year of 2017 may submit their views in writ- Ing to Ms.Freeman prior to the date scheduled for the hearing. This notice is published and the above-described hearing is to be held in satisfaction of the re- n tvirements of Section 147(f)of he Internal Revenue Code of 1986,as amended,regarding the Nota Public approval prerequisite to Notary the exclusion fromggross Income for federal Income to pur ses of the Interesk on t�ia Bonds, other than any taxable bonds. �attwi11ii, LESLIE BUCKLEY a ;ztis Notary Public,State of Texas ;a -7= Comm.Expires 09-24-2021 '���°iut``` Notary ID 128058260 Star-Tele g%DIA Arlinoton Cilizen-Journal I The Keller Citizen I La Estrella Monsfinid Nears-Mirror 12ttr-Telegram Northeast i Weatimrford Star-Tel,•grani star-telegram.com 1808 Throckmorton 811.1 Ft Worth,Tx.76102-03151800.77&7827 j AFFIDAVIT OF PUBLICATION Ascot"/ M mmter ld ndre lion Po miount 1 Col. 600707 00033511594 NOTICE OF PUBLIC HEARING TRINITY RIVER $1,245.38 1 1 70.00 U Attention: THE STATE OF TEXAS COATS ROSE County of Tarrant 14755 PRESTON ROAD STE 600 Before me,a Notary Public in and for DALLAS,TX 75254 said County and State,this day NOTICE OF PUBLIC HEARING personally appeared CHRISTINE TRINITY RIVER PUBLIC FACILITY LOPEZ,Bid and Legal Coordinator MULTIFAMILY HOUSING for the Star-Telegram,published by REVENUE BONDS (PRiNCEE HALL GARSDENS the Star-Telegram,Inc.at Fort APARTNotice Is hereby given of a public Worth,in Tarrant County,Texas;and hearing to be held on behalf of who,after being duly sworn,did Trinity River Public Facility Cor- poratlon (the "Issuer")) on depose and say that the attached Thursday,November 9 2017,at 5:00 pm. at 1201 East 13th clipping of an advertisement was Street; Fort Worth, Texas published in the above named paper 76102,with respect to an Issue P P P of multifamily housing revenue on the listed dates: bonds (the Bonds) to be Is. sued by the Issuer in one or more series of tax-exempt bonds In an aggregate principal amount not to exceed $8,000,000. Theproceeds of the Bonds will be loaned to FW 1 Insertions) Steele Prince Hall LLC(or a re- late4erson or af{illate thereof) (the "Borrower"), to finance Published On: 9ortion of the costs of the reha October 26,2017 llltatlon of a multifamily rest- dentlal rental development known as Prints Hall Gardens Pylartments (the "Developmen- ),containing approximately 76 units and located at approxi- mately 4820 E. Barry Street, Fort Worth Texas. The Devel- opment will be Initially owned by the Borrower. All Interested persons are Invited to attend such public hearing to express their views with re- spect to the Development and the Issuance of the Bonds. puestions or requests for addl- Nonal Information may be di- rected to Sydnee Freeman,Trin- ity River Public Facility Corpora- �w tion P.0.Box 430 Fort Worth, TX 36101(817)0-3400,www. fwhs.org. (P awk) Persons who intend to appear at LOP the hearing and express their views are invited to contact Ms. SUBSCRIBED AND SWORN TO Freeman either In writing or by telephone In advance of the BEFORE ME,THIS 26th day of hearing. Any interested persons unable to attend the hearing October in the year of 2017 may submit their views In wrlt- Ing to Ms.Freeman prior to the date scheduled for the hearing. This notice is published and 1t e above-described hearing Is to bo held In satisfaction of the re- quirements of Section 147(f)of the Internal Revenue Code of 1986,as amended,regarding the Note Public public approval prerequisite to Notary the exclusion from gross Income for federal Income tax purposes of the Interest on the Bonds, other than any taxable bonds. �...w,..w. ,a0`4v119,�, LESLIE BUCKLEY ° ,1�y8<,�c Notary Public.State of Texas =�'• 1444 Comm.Expires 09-24-2021 nr�reu�� Notary ID 128058260