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
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