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CC Resolution No. 2558RESOLUTION NO. 2558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS SUPPORT OF LCJ DEVELOPMENT, INC.'S PROPOSED ACQUISITION AND REHABILITATION OF THE COUNTRY TERRACE APARTMENTS AND POSSIBLE ALLOCATION OF 9% LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *************************************************************************** WHEREAS, under the Texas Department of Housing and Community Affairs (TDHCA) rules, if a development is located in a municipality or its extraterritorial jurisdiction ("ETJ") that has more than twice the State average of units per capita supported by Low Income Housing Tax Credits ("LIHTC") or private activity bonds, the applicant must obtain prior approval of the development from the municipality or nearest governing body; and WHEREAS, the City of Baytown currently has 2.1 units per capita of tax credits; and WHEREAS, LCJ Development, Inc., therefore, is seeking the City's support for the allocation of 9% LIHTC for its proposed acquisition and rehabilitation of 128 affordable rental housing units that will be located at 2500 E. Wallisville Road in the extraterritorial jurisdiction of the City of Baytown, Harris County, Texas (the "Project"); and WHEREAS, Resolution No. 1913 of the City Council of the City of Baytown, opposes any additional low income housing tax credit ("LIHTC") units within the City; and WHEREAS, the Project in the City's ETJ does not create new subsidized housing but merely proposes to upgrade the existing housing stock; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That in accordance with the requirements of Tex. Gov't Code §2306.67071 and Texas Administrative Code § 10.204(4), the City Council hereby finds that: a. notice was provided to the City Council in accordance with Tex. Gov't Code, §2306.67071(a); and b. the City Council has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; and C. on January 24, 2019, the City Council held a hearing at which public comment may be made on the proposed Project in accordance with Tex. Gov't Code, §2306.67071(b); and d. after due consideration of the information provided by LCJ Development, Inc., and public comment, the City Council supports the proposed application for the allocation of 9% LIHTC for the Project. Section 2: That the City Council hereby approves and expresses its support of the acquisition and rehabilitation of the proposed Country Terrace Apartments pursuant to Tex. Gov't Code §2306.6703(a)(4); and Section 3: That the City Clerk is hereby authorized and directed to send a certified copy of this resolution to the Texas Department of Housing and Community Affairs. Section 4: This resolution 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 Council of the City of Baytown this the 24t' day of January, 2019. BRANDON CAPETILLO, Ma or ZLYTICI T: A BRYSCH, City erk '. 4, APPROVED AS TO FORM:e-IW ACIO RAlVIIREZ, SR., C' Attorney •tcobfs0lllegal\Karen\Files\City Council\Resolutions\2019Vanuary 24\SupportReso1ution.docx