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CC Resolution No. 2123 - TaxCreditApp RESOLUTION NO. 2123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING OF TAX CREDIT APPLICATION NO. 11193 — ALEXANDER PLACE APARTMENTS; AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Baytown Housing Authority ("BHA") owns and operates Archia Courts, a 58-unit public housing apartment community in Baytown, Texas, built in 1955; and WHEREAS, HUD granted to BHA permission to replace all 58 of the obsolete units on alternative sites and dispose of the Archia Courts site because of its proximity to the ExxonMobil refinery and chemical plant and concerns about the health and safety of the tenants; and WHEREAS, in connection with implementation of a two-phase mixed financing housing plan, a non-profit instrumentality of the BHA is seeking low income housing tax credits ("LIHTC") from the Texas Department of Housing and Community Affairs ("TDHCA") to construct 36 of the original 58-units on a site located at 2401 N. Alexander, Baytown, Texas 77520(the"Development"); and WHEREAS, pursuant to Title 10, §49.8(2)(A)of the Texas Administrative Code, the City of Baytown, Texas (the "City") acknowledges that it has more than twice the state average of affordable units per capita supported by LIHTC, and therefore BHA must obtain prior approval of the proposed Development from the City in order to compete for the LIHTC; 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. Section 2: The City hereby supports the Development and the need to replace the obsolete public housing units at Archia Courts, approves the conceptual construction of the Development and authorizes an allocation by TDHCA of LIHTC for the Development. Section 3: Subject to an award of tax credits and prior to the issuance of a building permit, BHA will enter into an agreement with the City for the Development that shall include the following: a. the proposed tax credit units will be operated and maintained in the same manner as the other public housing units operated by BHA within the City; b. the proposed tax credit units will only serve those who are eligible for low income housing in accordance with all HUD and TDHCA requirements; and c. an agreed upon site plan, in which all then-current landscaping and buffering requirements of the City are met 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 in keeping with the applicable community revitalization area plan. 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 afft ive vote of the City Council of the City of Baytown this the 24'" day of February, 2011. STE E ONCARLOS, Mayor L A EST- 111VypW 1 LETICIA � c SlA7F. APPROVED AS TO FORM: C76s NACIO RAMIREZ, SR., Ci y ttomey R:\k..Wilms City Co...iNtaolmiore401IWeb.e 24V OLUTION2XFinal.d. 2