Ordinance No. 13,554ORDINANCE NO. 13,554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A COOPERATION AGREEMENT WITH THE
TEXAS HOUSING FOUNDATION TO ACQUIRE AND REHABILITATE
APPROXIMATELY 62 RENTAL HOUSING UNITS LOCATED AT 3301
ROYAL STREET; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown, Texas, authorizes the
Mayor to execute and the City Clerk to attest to the Cooperation Agreement with the Texas
Housing Foundation, which is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the City Counc/of the City of Baytown this
the 24th day of August, 2017. /(
APPROVED AS TO FORM:
4N;A� �CI 0 RAMIREZ, , City Attorney
STERIEIi HHDONCARLOS, Mayor
%cobfs0l\legal\Karen\FileslCity CoundhOrdinances\20MAugust 24\CooperationAgreement.doc
Exhibit "A"
COOPERATION AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND THE
TEXAS HOUSING FOUNDATION
EFFECTIVE , 2017
WHEREAS, on , 2017 under provisions of the Tex. Local Government
Code, Section 392.017(d), the City of Baytown, declared that there is a need for the Texas
Housing Foundation, to exercise its powers within the territorial boundaries of the City of
Baytown, Texas (the "City") because there exists a demand to rehabilitate the sixty-two (62)
existing affordable rental housing units at Bay City Village Apartments, located at 3301 Royal
Street, in the extraterritorial jurisdiction of the City of Baytown, Harris County, Texas, which
will provide safe and sanitary housing to lower income persons at rentals they can afford (the
"Project"); and
WHEREAS, Tex. Local Govt. 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's
extraterritorial jurisdiction, and authorizing a cooperation agreement under Section 392.059(a);
and
WHEREAS, the Board of Commissioners of the Texas Housing Foundation also adopted
a resolution to exercise its powers in the City's extraterritorial jurisdiction and authorized a
cooperation agreement under Section 392.059;
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 to allow the Texas Housing Foundation to provide housing for lower income
persons in the City's extraterritorial jurisdiction at the Project, 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, Tex. Local Govt.
Code, Chapter 392, to finance, plan, undertake, or operate the Project in the City's extraterritorial
jurisdiction as provided in this Agreement for the benefit of lower income residents of the City.
Section 3. Annual Reports. The Texas Housing Foundation shall submit within 120
days after the end of its fiscal year a report to the Mayor of the City describing the housing and
service operation undertaken for the benefit of lower income residents of the City's
extraterritorial jurisdiction and other activities of the Texas Housing Foundation in the City's
extraterritorial jurisdiction.
Section 4. Preservation of Authority. No applicable provision or intention in this
cooperation agreement limits the authority or power of the City to exercise its powers under any
law. No provision or intention in this cooperation agreement limits the authority or power of the
Texas Housing Foundation to exercise its powers under the Texas Housing Authorities Law,
Tex. Local Govt. Code, Chapter 392, to finance, plan, undertake, construct, or operate the Project
under this Cooperation Agreement or in the area of operation of the Texas Housing Foundation
defrted in Tex. Local Govt. Code 392.013.
Section 5. Implementation. The Mayor 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 cooperation agreement and the authorizing
resolutions.
Agreed this day of , 2017.
ATTEST:
LETICIA BRYSCH, City Clerk
ATTEST:
(Signature)
(Printed Name)
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
TEXAS HOUSING FOUNDATION
MARK MAYFIELD, President
(Title)
R:\Karen\Files\Contracts\Texas Housing Foundation\Cooperation Agreement -City of Baytown (3) Clean.doc