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CC Resolution No.2087 - AmendRes.No.1913 RESOLUTION NO.2087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AMENDING RESOLUTION NO.1913 TO PROVIDE A LIMITED EXCEPTION TO THE CITY'S OPPOSITION OF ADDITIONAL LOW INCOME ROUSING"FAX CREDIT UNITS ASSOCIATED WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS'LOW INCOME HOUSING TAX CREDIT PROGRAM;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS,in order for an applicant to receive low income housing tax credits ("LII-ITC")from the Texas Department of Housing and Community Affairs to assist development of new rental units,the City of Baytown must approve the same;and WHEREAS,this approval is required by law since the City has more than twice the State average of units per capita supported by LIHTC or private activity bonds;and WHEREAS.currently,the City of Baytown has 2.67 units per capita;and WHEREAS,based upon this high ratio.the City Council of the City of Baytown passed Resolution No.1913 on February 14,2008.opposing any additional low income housing tax credit units associated with the low income housing tax credit program of the Texas Department of Housing and Community Affairs;and WHEREAS.on July 8th,the Baytown Housing Authority("BI-IA")approached the City Council with its plan to pursue loxv income housing tax credits as one of its financing mechanisms to improve the quality of its facilities by developing replacement public housing units:and WHEREAS,the City Council desires to amend Resolution No.1913 to allow a limited exception to the City's opposition of additional low income housing tax credit units associated with the Texas Department of Housing and Community Affairs'Low Income Housing Tax Credit Program as expressed herein:NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1:That the recitals stated hereinabove are true and correct and are hereby adopted as the findings of the City Council of the City of Baytown. Section 2:That the City Council of the City of Baytown,Texas,hereby amends Resolution No.1913 to provide a limited exception which would allow the City Council to consider the approval of an application of a public housing authority for low income housing tax credit units associated with the Texas Department of housing and Community Affairs'Low Income Housing Tax Credit Program.provided the follo%ving conditions are satisfied: 1.the tax credit units must replace existing public housing units on a one-to-one basis; 2.the tax credit application must specify that the public housing authority must maintain ownership and control of the new tax credit units in the same manner as other public housing units operated within the City; 3.the tax credit application must specify that the residents served are those who are eligible for public housing,which is currently 30%or below the area median income;and 4.the public housing authority enters into a development agreement with the City for all the public housing units subject to the LIHTC application,which agreement shall include: a.an agreed upon site plan,in which all then-current landscaping and buffering requirements are exceeded and which demonstrates new urban building orientation,including,but not limited to,pedestrian friendly site design,common recreation areas,and on-site management and maintenance areas;and b.covenants binding the public housing authority to items 2 and 3 hereinabove. Section 3: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 affirmative ote of the City Council of the City of Baytown this the 12ih day of August,2010. A S.HE DONCARLOS,Mayor ATTEST: m LETICIA APPROVED AS TO FORM: e'VJd� NACIO RAMIREZ,SR,ity Attorney R:\Karen\Files\City CouocilVtcsclufiom\20101qugust 12\E pfiwaGppmiti...f_HTCUnits.doc 2