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Home My WebLink AboutResolution - 2023-R0165 - Texas Housing Foundation - Safe and Sanitary Affordable HousingResolution No. 2023-R0165 Item No. 6.20 March 21, 2023 RESOLUTION WHEREAS, the Texas Housing Foundation, a Texas regional housing authority, has significant experience in providing, developing, financing, and managing housing projects that are affordable to lower income residents and are assets to the community; and WHEREAS, the Housing Authority of the City of Lubbock, a municipal housing authority, is authorized to exercise its powers exclusively in the City of Lubbock, Texas; and WHEREAS, the Texas Housing Foundation wishes to exercise its powers within the jurisdiction of the Housing Authority of the City of Lubbock; and WHEREAS, in order for a regional housing authority to operate within the exclusive jurisdiction of a municipal housing authority, the Texas Local Government Code, Section 392.017(d) requires the governing body of the municipality and the municipality's housing authority to adopt a resolution declaring a need for a regional housing authority to exercise its powers in the municipality, and to authorize a cooperation agreement under Texas Local Government Code Section 392.059(b); NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS AND THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK: Section 1. THAT the City Council and the Housing Authority of the City of Lubbock, according to Texas Local Government Code, Section 392.017(d)(1), hereby declares that there is a need for the Texas Housing Foundation, as a Texas regional housing authority, to exercise its powers in the area of operation of the Housing Authority of the City of Lubbock to provide decent, safe, and sanitary housing that is affordable to lower income residents. Section 2. THAT the City Council and the Housing Authority of the City of Lubbock, according to Texas Local Government Code, Section 392.017(d)(2), hereby authorize a cooperation agreement under Texas Local Government Code, Section 392.059(b) by and between the Texas Housing Foundation and the Housing Authority of the City of Lubbock for the Residences at Lubbock apartment project. A copy of said cooperation agreement shall be included with and made a part of this resolution upon the agreement's execution by the Texas Housing Foundation and the Housing Authority of the City of Lubbock. Passed by the City Council on I:7101 x.Y11A "tq X74� - Courtney Paz, lnle& Ci retary APPROVED AS TO CONTENT: A e,94 �7; Bill HGerton, Depu Manager APPROVED AS TO FORM: r elli Leisure, Senior Assistant City Attorney HOUSING AUTHORITY OF THE CITY OF LUBBOCK: Toby Cecil hair ccdocs/RES. Adoption — Texas Housing Foundation — Declaration of Need & LHA Cooperation Agreement 3.3.23 COOPERATION AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS AND THE TEXAS HOUSING FOUNDATION EFFECTIVE April 1, 2023 WHEREAS, on March 9, 2023, under Tex. Local Govt. Code, Section 392.017M> the Housing Authority of the City of Lubbock, Texas, declared that there is a need for the Texas Housing Foundation, a Texas regional housing authority, to exercise its powers within the territorial boundaries of the City of Lubbock because there exists in said City a shortage of safe and sanitary housing available to lower income persons at rentals they can afford; and authorized a cooperation agreement with the Texas Housing Foundation under Section 392.059; WHEREAS the Board of Commissioners of the Texas Housing Foundation also adopted a resolution to exercise its powers in the City of Lubbock and the operation of the area of the Housing Authority of the City of Lubbock specific to The Residences at Lubbock apartment project and authorizing it to enter into cooperation agreements with the Housing Authority of the City of Lubbock and the City of Lubbock corder Section 392,059; NOW, THEREFORE, the parties hereto, the Housing Authority of the City of Lubbock, and the Texas Housing Foundation, agree as follows: Section 1: Cooperation Agreement. The Housing Authority of the City of Lubbock, and the Texas Housing Foundation, agree to cooperate to allow the Texas Housing Foundation, to provide housing for lower income persons in the City of Lubbock, specifically, by and through The Residences at Lubbock apartment project, consistent with the provisions below. Section 2: Housing Project Authorization. The Texas Housing Foundation is authorized to exercise its powers under Tex. Local Gov't. Code, Chapter 392, to finance, plan, undertake, or operate a housing project in the City of Lubbock specific to The Residences at Lubbock apartment project as provided herein and pursuant to Tex. Local Gov't. Code, Section 392.059. Section 3: General Authorization. The Texas Housing Foundation is authorized to negotiate to become the General Partner in The Residences at Lubbock. Apartment complex located within the territorial boundaries of the City of Lubbock, and is also authorized to own, operate and manage such project for the benefit of lower income residents of Lubbock. Section 4. Future Housing Project Development. The Texas Housing Foundation is not authorized to undertake other housing projects other than those listed herein within the City of Lubbock on its own or in collaboration with another housing development organization except through the approval of the City Council of Lubbock and Board of Commissioners of the Lubbock Housing Authority. Section 5. Annual Reports. The Texas Housing Foundation shall submit within 120 days after the end of its fiscal year a report to the City Council of the City of Lubbock describing the housing and services operations undertaken for the benefit of lower income residents of the City of Lubbock, and other activities of the Texas Housing Foundation in the City of Lubbock. Section 6. Preservation of Authority. No applicable provision or intention in this cooperation agreement limits the authority or power of the Housing Authority of the City of Lubbock or the Lubbock City Council to exercise its powers under any law. No provision or intention in this cooperation agreement limits the authority or power of the Texas Housing Foundation to exercise its powers under Tex. Local Govt. Code, Chapter 392, to finance, plan, undertake, construct, or operate a housing project under this Cooperation Agreement or in the area of operation of the Texas Housing Foundation defined in Tex. Local Govt. Code 392.015. Section 7. Implementation. The Executive Director of the Housing Authority of the City of Lubbock and the Chief Executive Officer of the Texas Housing Foundation are authorized to take any reasonable and necessary action to effectuate and implement the direction and intention of this cooperation agreement and the authorizing resolutions. Section 8. Amendment or Termination. This cooperation agreement may be amended or terminated for any reason by resolution of the governing body of either party. The party desiring to amend the agreement must give at least 30 days written notice to the other party prior to considering for approval a resolution or action to amend or terminate the cooperation agreement. However, any housing project already begun, undertaken, bound, or obligated by a party may continue to operate under authority of this cooperation agreement. Agreed this 9th day of March , 2023 Housing Authority of the City of Lubbock By; Chair Texas Housin oundation By: Mark Mayfield, President Attest: