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HomeMy WebLinkAboutResolution 5067-03-2019A Resolution NO. 5067-03-2019 APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, THE MULTIFAMILY HOUSING REVENUE BONDS FOR THE STALLION RIDGE APARTMENTS TO BE ISSUED BY TRINITY RIVER PUBLIC FACILITY CORPORATION (COUNCIL DISTRICT 8) 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 Stallion Ridge, LP (the `Borrower"), a Texas limited partnership, (or a related person or affiliate thereof) is seeking to borrow funds from the Issuer to finance a portion of the cost of the acquisition and construction of a multifamily housing residential rental project to be known as Stallion Ridge Apartments, to contain approximately 204 units and to be located at approximately 9128 Crimson Lane and 9105 Azure Lane 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 $20,000,000 (the "Bonds") to finance a portion of the costs of acquisition and construction; 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 March 8, 2019, 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, ORT WORT Resolution No. 5067-03-2019 Page 2 hereby approves the proposed issuance of the Bonds in an amount not to exceed $20,000,000 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 191" of March 2019. '�B�Pric ayor APPROVED AS TO FORM AND LEGALITY: yr...p, Sarah J. Fuenwider, City Attorney ATTE By: Mary CERTIFICATE OF MAYOR OF CITY OF FORT WORTH, TEXAS REGARDING ISSUANCE OF TRINITY RIVER PUBLIC FACILITY CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (STALLION RIDGE APARTMENTS) WHEREAS, a public hearing was held on March 8, 2019, 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 $20,000,000 (the "Bonds"), to finance a portion of the costs of acquiring and constructing a multifamily housing residential rental development to be located at approximately 9128 Crimson Lane and approximately 9105 Azure Lane in the City of Fort Worth, Texas, 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 19, 2019, 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 (Stallion Ridge Apartments) in one or more series, at one or more times, in an aggregate principal amount not to exceed $20,000,000, 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 Marc 2019. [Signature Page — Approval of Highest Elected Official] MINUTES OF PUBLIC HEARING Re: Trinity River Public Facility Corporation Multifamily Housing Revenue Bonds (Stallion Ridge Apartments) The undersigned Hearing Officer of Trinity River Public Facility Corporation (the "Issuer") called the public hearing to order at 4:00 p.m. on March 8, 2019, at the offices of the Issuer, 1201 E. 131h 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 Stallion Ridge, LP to acquire, construct and maintain a multifamily residential rental facility to be known as the Stallion Ridge Apartments located at 9128 Crimson Lane and 9105 Azure Lane, Fort Worth, Texas (the "Project"), containing approximately 204 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 March 8, 2019. ur- Mr. yler Arbog t Hearing Officer 4826-9510-5415.v2 EXHIBIT A AFFIDAVIT OF PUBLICATION (SEE ATTACHED) 4826-9510-5415.v2 STATE OF TEXAS COUNTY OF TARRANT BeforFqe, a Notary Public in d for said County and State, this day personally appeared LAP , Advertising Representative for the Star -Telegram, pu lished by 'Me Star -Telegram, Inc. 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 following dates: rj� kbDa D-61R Signed OW&A-) Subscribed and sworn to before me, this the lX w w w day of 11 I 1(,U X .t'" b 20_�—i — Notary Publi Tarrant unry, Texas t `{.13EMALEENCORDERO *x ley NoLwy ID # 13188 tes Januaq 25, 2023 9-M 11 prospect couraged mandator) enc�a with Intermoda ter (ITC) Room, 16 Worth, T, a m, on % 2619, Th loaded ft websfte ai t r a , 0 r centorlpr DUO% V'U, DU,X 13231, Austin, Texas 787U- NUM." Is flurepy, given (net PU011C heark; s will be hold by the City Coungt Cl% 3231. of the of Fort Worth, Texas, In a Council NOTICE QF PUQLIC HEARING Chamber. second floor of the Notice is hereby given of aablic r,n, hearingto be hold by rinity Municipal Office Stilidink 200 Texas Street Fort River Public Facility Corporation the "Issuer"}, a non-profit pub- Texas at 7:00 p.m, on March Sth Wth, 2019. qc facility corporation created The purpose of these ublic hear - A by, the Housinruthority of the of Fort arth d/b a Fort C t a Ings7s to consider proposed annexation of the fallowing' do - ly Worth Housing Autharl� (the scribed territory-. YAuthoritrj, on Friday, Match 201?t at 00 pm. N the Au- All that certain hot, tract, or rrcel situate In a part on of the tA 0911, s offices at 1201 East 13 treat, Fort Worth, Texas WHII the Wifilal Sammie Survey, Ab- stract No, 207, aton Coun bal 76102, respect to an issue of multifamilyhousing revenue "nds") Texas, part of that cerkl!1n, called 73311 5 7 acre tract descri- bonds (the to be Is- sued by the Issuer In one or bad as Tract 2 In a deed th Alliance-156 Partners LP re - he, more series of tax-exerpot bonds In corded In Instrument 2010- 110449 the Dead Records of an aprogate principal to of County, Texas (PROT, mount no exceed 20,000,001 The Penton and being more a- proceeds of heo'Boods will be loaned to FVV stallion RldMe, completely scribed as follows to -wit - 571- iron LP (or a related or a [late thereof) BEqINNING at a found cTe;d " 87" for Berson (the too stamped Borrower"), to finance a por- the Northwest corner of said thin of e costs of the acquisi- 73.567 acre tract, the Northeast tion and construction of a multi- comer of a called 73362'Kre a It resi entlal rental devel- In a deed to ant Imawn as tallion Ridge artments (rho 1 ovelopmen- Jeanne She ton recorded In in Jeanne 8rument No, 1"9-115848 i t ) containingapproximately unit, located at approx- PROM and being In the rec- ognized Korth line of said Wji- Imate 9128 Crimson Lane and 9105 tLane, Fort Worth, Item Sample Sue from Which rvure a 3/4" Iron Pipe golund for the Texas. The Bonds will be Issued pursuant 1 Northeast corner of said 73.362 acre tract heart South 89 deg, 0 to the revisions of the Texas elcility min. 17 sec, West - 988.75 feet: D Public Corporations Act, Local Government Code, Chapter Texas THENCE North fig deg. 8 thin. sec East along the North lines 303, Vembri's Code, as amended (the "Act"). The to Issued of said 73.56 acre tract and sample survey a distance of K99 to iA- iron Bonds are expected be as "exempt facility bonds" for a feet a rod found stamped 'It' 3ERS No qualified 6�& rental Prot- for an ell corner of sold 1567 dct ursdant to section 142(a)F.71) and (d) of the Internal Due tract, THENCE South 01 deg, 43 (pin. 48 Revenue Code of 1986, as amended (the "Code'). The Ini, sec East departing the North line of said ample Survey and In in Alit) h to VVVar t d pro° Until express their views with W st gect to the Devolorment and Issuance the Bonds. APAI -rinity a of - uestions or requests for addiff tional informatiolf max, be di- ration plaza, rected to be r. Trier rho ast, Fort WortIl Vous In? Solutylo 850, 1201 East 13th treet, FP With Worth, Texas 76102 or (682) 717-7669. 2*00 a-- Who I.f&.A M a ea at date at this loca- -the hearing and express their views are invited to contact W. Arbogast In writingor by, toile. proposers are an- phone In advance othe hearin?. attend a nonA interested son u - infer- it the V_ . Wattend the hearth may sub - their vlews'ln to Mr. Con- lunit M mit wrliting Arbogast F:rlor to the date scheduled the hearing, 1110 ch 6, This notice Is published and the abovo-described hearign Is Kbe Jown- otro's held In satisfaction the re- troments or Section 147 f) of t Internal Reyenue Cos Ityme a 1996, as amoqL46d, regardinga at the ran t- ltsj� - Pi approval prerequisite to a exclusion from ass Income R for, Asefecal, jocomp,,tak ppr 5 of a, =11:1 4a rof ithir th taxable bonds. I and dwell " bust- Notice of Public Hearin of Contemplated Annexation Case No, AX-18-0013 Notice Is her given that public )s ct is hearins'Will be hold by the City Councilof the Ci% of Fort N1 rt Worth, Texas, In t e Council Chamber, second floor of the dolor Offic Rulfifina I acre tract. aiiscri011o as 1 In a dead to William Wilson, at al recorded In neat No. 2018-3114 T); Sout 0 deg. 29 min 39 est along the East line of 3.567 acre tract and the line of said 73-700 acre, at 2,624.07 feet pass a cd ppOUAWAY" in ®the a total 9911 � ei I I foond N, 3y lineIn of the so HI9hw P I ,h rs U779 r W.4+ . 7 im 11WH931U06 PUBLIC HEARING FOR TRINITY RIVER PUBLIC FACILITY CORPORATION Stallion Ridge Apartments March 8, 2019 .... . . ..... PRINTED NAME SIGNATURE STREET ADDRESS Sul DEI Po 2. . . . ...... . ------ . ..... . 3. — — --------- - - - - - - --------- - - --- 9. 10. EXHIBIT -APPROXIMATE LOCATION lY D'Un Aw E Epan Aile Uamm r%vy Shaby Rd jo,hrmms 6A Paric 9 9128 Crim Um, III �AMLFV 919105 Azure Low