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CC Resolution No. 1891 86 RESOLUTION NO. 1891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ALLOWING THE DEVELOPMENT AND CONSTRUCTION OF THE WYNDHAM PARK SENIOR HOUSING DEVELOPMENT LOCATED IN BAYTOWN, TEXAS, IN COMPLIANCE WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS REQUIREMENTS FOR A DEVELOPMENT WHICH IS LOCATED WITHIN ONE (1) LINEAR MILE OF AN EXISTING DEVELOPMENT THAT SERVES THE SAME TYPE OF HOUSEHOLD; APPROVING AND SUPPORTING THE WYNDHAM PARK SENIOR HOUSING DEVELOPMENT PROJECT PURSUANT TO SECTION 2306.6703 (A)(4) OF THE TEXAS GOVERNMENT CODE AND AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Wyndham Park Senior Housing Development is a 184-unit Senior Development (the"Development") proposed to be developed on Rollingbrook Drive, west of Emmett Hutto Blvd.; and WHEREAS, the Development will include dwelling units, which will provide housing opportunities for Seniors, to be leveraged with Texas Department of Housing and Community Affairs' Housing Tax Credit Program; and WHEREAS, Tax Credit or Bond Projects must meet certain criteria required by the Texas Department of Housing and Community Affairs; and WHEREAS, a project application is ineligible for consideration under the low income housing tax credit program if the development is located within one (1) linear mile or less of an existing development or developments that serve the same type of household unless allowed by vote of the local government; and WHEREAS, the Development is located within one (1) linear mile or less from a development (Birdsong Place Villas) that serves the same type of household as the Development; and WHEREAS, the application concerning the Development can become eligible if the City Council by vote specifically allows the construction of the new development within one (1) linear mile or less of an existing development that serves that same type of household pursuant to Section 2306.6703(b)(4) of the Texas Government Code; and WHEREAS, it is the desire of the City Council to allow the development and construction of the Development subject to certain conditions being met and WHEREAS, a project application is ineligible for consideration under the low income housing tax credit program if the developments are located in a municipality that has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the City of Baytown is a municipality that has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the application concerning the Development can become eligible if the City Council approves the proposed development and provides a written statement of support pursuant to Section 87 2306.6703(a)(4) of the Texas Government Code and authorizes the allocation of housing tax credits for the development; and WHEREAS, it is the desire of the City Council to approve and support the Development and the allocation of housing tax credits for the Development subject to certain conditions being met; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That subject to the conditions set forth in Section 3 hereof, the City Council of the City of Baytown, Texas, hereby allows the development and construction of the Wyndham Park Senior Housing Development. Section 2: That subject to the conditions set forth in Section 3 hereof, the City Council of the City of Baytown, Texas, hereby approves the new construction of Wyndham Park Senior Housing Development proposed as a 184-unit Senior Development located on Rollingbrook Drive, west of Emmett Hutto Blvd. pursuant to Section 2306.6703(a)(4) of the Texas Government Code and gives its written statement of support of the Development and the allocation of housing tax credits for the same. Section 3: That the allowance, approval, and support of the Development granted in Sections 1 and 2 hereof is subject to the property owner (1) providing a minimum of six social services annually, for and at no cost to the residents of the development,based upon a survey of residents needs, to be implemented within three months of project completion; (2) certifying that the applicant and/or owner of the Development has not and agreeing that it will not apply for status or exemption that would make it exempt from payment of ad valorem taxes, and (3) inclusion of these requirements in the Land Use Restriction Agreement by 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. INTRODUCED, READ and PASSED, by the affirmative vote of e City Council of the City of his the 25'h day of October, 2007. P DONCARLOS, Mayor `;aG • r LORR__ Y. City Clerk n APPROVED AS TO FORM: 6 / ACIO R.AR-1IREZ, SR., it ttorney R-.KarenAFilesVCity CouncilAResolutions\200TOctober 25VApproval&SupportofWyndhamSeniorHousingDevelopmenLdoc 2