Resolution 2022-10Resolution No. 2022-10(R) Wylie Senior Living Page 1 of 3
RESOLUTION NO. 2022-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AUTHORIZING THE TEXAS HOUSING FOUNDATION TO EXERCISE ITS
POWERS ON PROPERTY KNOWN AS WYLIE SENIOR APARTMENTS,
LOCATED AT 2310 WEST FM 544, WYLIE, TEXAS 75098, WITHIN THE
TERRITORIAL BOUNDARIES OF THE CITY OF WYLIE, TEXAS; AND
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE
COOPERATION AGREEMENT ATTACHED HERETO.
WHEREAS, the City Council of the City of Wylie, Texas finds that there exists in the City of
Wylie (“City”) a shortage of safe and sanitary housing available to lower income residents at rents they can
afford; and
WHEREAS, Texas Housing Foundation, a Texas regional housing authority (the “Foundation”),
has represented to the City that it has significant experience and expertise in successfully providing,
developing, financing, and managing housing projects that are affordable to lower income residents and are
assets to the community; and
WHEREAS, Texas Local Government Code, Section 392.017(d) requires that the governing body
of a municipality adopt a resolution declaring a need for a regional housing authority to exercise its powers
in another jurisdiction, and authorizing a cooperation agreement under Section 392.059; and
WHEREAS, it is contemplated that THF Public Facility Corporation, a Texas public facility
corporation duly organized by the Foundation (the “PFC”) may issue tax-exempt bonds in order to finance
a portion of the costs financing of the property and development known as the Wylie Senior Apartments,
located at 2310 West FM 544, Wylie, Collin County, Texas 75098 (the “Development”); and
WHEREAS, it is further contemplated that a wholly-owned subsidiary of the Foundation will serve
as the Applicant’s general partner; and
WHEREAS, the City has conducted a public hearing to take testimony with regard to the
Development and Cooperation Agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE:
Section 1. That the facts and recitations contained in the preamble of this Resolution are hereby
found and declared to be true and correct.
Section 2. Pursuant to Texas Local Government Code, Section 392.017(d)(1), the City Council
declares that there is a need for the Foundation to exercise its powers at the Development in the territorial
boundaries of the City to provide decent, safe, and sanitary housing that is affordable for lower income
residents of the City. The Foundation is hereby authorized to exercise its powers at the Development in the
territorial boundaries of the City as set forth in the Cooperation Agreement attached hereto.
Section 3. Pursuant to Texas Local Government Code, Section 392.017(d)(2) and the Cooperation
Agreement between the Foundation and the City, attached hereto and incorporated herein, the Foundation
is hereby authorized under Texas Local Government Code Section 392.059(a) to exercise its powers at the
Development within the City. The City agrees to cooperate with the Foundation to allow the Foundation
to provide housing for low and moderate income residents at the Development in the territorial boundaries
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Resolution No. 2022-10(R) Wylie Senior Living Page 2 of 3
of the City consistent with the terms of the Cooperation Agreement. The Foundation and the PFC are
authorized to exercise its powers under the Texas Housing Authorities Law, Texas Local Government Code
Chapter 392 and the Texas Public Facility Corporation Act, Texas Local Government Code Chapter 303,
respectively, to finance, plan, undertake, construct, or operate the housing project at the Development in
the City, consistent with the terms of the Cooperation Agreement. The Cooperation Agreement only
authorizes the Foundation and the PFC to take action in connection with the Development in the City. The
City Manager is hereby authorized to execute the Cooperation Agreement on behalf of the City.
Section 4. The Interim City Manager is authorized to take any reasonable and necessary action to
effectuate the direction and intention of this Resolution and the Cooperation Agreement.
Section 5. This Resolution shall become effective upon its passage. The City Secretary is hereby
authorized, directed and empowered to certify this Resolution to TDHCA and the Foundation.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this the 22nd day of March, 2022.
_______________________________
Matthew Porter, Mayor
Attest:
__________________________
Stephanie Storm, City Secretary
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Resolution No. 2022-10(R) Wylie Senior Living Page 3 of 3
Exhibit A
Cooperation Agreement
[3 pages attached hereto]
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Cooperation Agreement – Texas Housing Foundation Page 1 of 3
3653048
COOPERATION AGREEMENT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND THE
TEXAS HOUSING FOUNDATION
WHEREAS, on __________, 2022 under provisions of the Texas Local Government Code,
Section 392.017(d), the City of Wylie (“City”), declared that there is a need for the Texas Housing
Foundation, a Texas regional housing authority (the “Foundation”), to exercise its powers on
property known as Wylie Senior Apartments, located at 2310 West FM 544, Wylie, Collin County,
Texas 75098 (“Development”), within the territorial boundaries of the City, subject to the terms
and conditions of this Agreement, because there exists in the City a shortage of safe and sanitary
housing available to lower income persons at rentals they can afford; and
WHEREAS, Tex. Local Gov’t. Code, Section 392.017(d), requires that the City Council
adopt a resolution authorizing the Texas Housing Foundation to exercise its powers in the City, at
the Development, subject to the terms and conditions of this Agreement, and authorizing a
cooperation agreement under Section 392.059(a); and
WHEREAS, the Board of Commissioners of the Foundation also adopted a resolution to
exercise its powers in the City at the Development and authorized a cooperation agreement under
Section 392.059(a); and
WHEREAS, the Foundation has formed THF Public Facility Corporation, a public facility
corporation under Chapter 303 of the Tex. Local Gov’t Code (“PFC”), for purposes of, among
other things (a) acquiring, constructing, rehabilitating, renovating, repairing, equipping, furnishing
and placing in service public facilities at the Development; and (b) issuing bonds on the behalf of
the Foundation to finance the costs of such public facilities;
NOW, THEREFORE, the parties hereto, the City, and the Foundation agree as follows:
Section 1: Cooperation Agreement. The City and the Foundation agree to cooperate to
allow the Foundation, or the PFC acting on behalf of the Foundation, to provide housing for lower
income persons at the Development in the City, consistent with the provisions below.
Section 2: Housing Development Authorization; Bond Issuance. The Foundation, is
authorized to exercise its powers under the Tex. Local Gov’t. Code, Chapter 392, to finance, plan
undertake, or operate the housing development at the Development in the City as provided in this
Agreement. The PFC is hereby authorized to exercise any powers under Tex. Local Gov’t Code,
Chapter 303 on behalf of the Foundation in connection with the financing and operation of the
housing development at the Development in the City, including but not limited to, issuing tax -
exempt or taxable bonds to finance the costs of such housing development. This Cooperation
Agreement only authorizes the Foundation or PFC to take action in connection with the
Development. Additional authority would be required for the Foundation or PFC to participate in
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Cooperation Agreement – Texas Housing Foundation Page 2 of 3
3653048
any other development within the territorial boundaries of the City.
Section 3: Ownership. The Foundation, or the PFC acting on behalf of the Foundation, is
authorized to acquire land, develop site improvements, and construct buildings for the housing
development at the Development within the territorial boundaries of the City, and to operate and
manage such development for the benefit of lower income residents of the City over the age of 55.
Section 4. Annual Reports. The Foundation shall submit within 120 days after the end of
its fiscal year a report to the Mayor of the City describing the housing and services operation
undertaken for the benefit of lower income residents of the City and other activities of the
Foundation and PFC in the City.
Section 5. Preservation of Authority. No applicable provision or intention in this
cooperation agreement limits the authority or power of the City or other housing authorities
operating in the City to exercise its respective powers under any law. No provision or intention in
this cooperation agreement limits the authority or power of the Foundation to exercise its powers
under the Texas Housing Authorities Law, Tex. Local Govt. Code, Chapter 392, to finance, plan,
undertake, construct, or operate the housing development at the Development under this
Cooperation Agreement.
Section 6. Implementation. The City Manager of the City and the President of the
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 7. Termination. This Agreement may be terminated by either party
for any reason by giving written notice to the other party at least 30 calendar days before the date
of termination of its intent to terminate.
[Signature page follows.]
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Cooperation Agreement – Texas Housing Foundation Page 3 of 3
3653048
Agreed this _____ day of ___________________, 2022.
City of Wylie, Texas
a home-rule municipality
________________________________
By: Brent Parker, Interim City Manager
Attest:
_________________________
Stephanie Storm, City Secretary
Texas Housing Foundation
________________________________
By: Mark Mayfield, President
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