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RESOLUTION NO. 2022-33R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS PROVIDING NO OBJECTION TO THE SUBMISSION OF <br />AN APPLICATION FOR LOW INCOME HOUSING TAX CREDITS TO THE <br />TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR <br />THE PROPOSED LIV AT WHISPER HILLS (55+) MULTIFAMILY <br />HOUSING PROJECT LOCATED IN THE 500 BLOCK OF CELEBRATION <br />WAY; APPROVING FINDINGS RELATED TO THE APPLICATION; <br />IMPOSING CONDITIONS FOR SUCH NON OBJECTION; APPROVING AN <br />ASSOCIATED AGREEMENT UNDER WHICH THE OWNER OF THE <br />PROJECT WILL MAKE AN ANNUAL PAYMENT IN LIEU OF TAXES IN <br />THE AMOUNT OF $11,000.00; PROVIDING AUTHORIZATION FOR THE <br />EXECUTION OF SAID AGREEMENT AND THE EXECUTION AND <br />SUBMISSION OF DOCUMENTS RELATED TO THE APPLICATION; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. CLX Whisper Land, LLC (the "Applicant") has proposed a senior (55+) multifamily <br />development for affordable rental housing consisting of 267 residential units in the 500 Block of <br />Celebration Way named LIV at Whisper Hills in San Marcos, Hays County, Texas (the "Project"). <br />All 267 units will be for those making eighty percent (80%) Area Median Income. <br />2. The Applicant has communicated that it intends to submit an application to the Texas <br />Department of Housing and Community Affairs ("TDHCA") for 2022 Housing Tax Credits funds for <br />the Project. <br />3. * As provided for in § 11.3(c) of the Qualified Allocation Plan, the City of San Marcos <br />has more than twice the state average of units per capita supported by Housing Tax Credits or Private <br />Activity Bonds. <br />4. As provided for in §11.101(a)(3) of the Qualified Allocation Plan, the Project is <br />located in a census tract that has a poverty rate above forty percent (40%) for developments in Region <br />7 for individuals. <br />5. Rental rates for apartment units in the Project will range between thirty percent (30%) <br />and seventy percent (80%) of the Area Median Income, so the Project will serve an underserved <br />demographic in Hays County based on a market study for the Project presented to the TDHCA; and <br />6. In accordance with the requirements of Texas Goverment Code §2306.67071 and <br />Texas Administrative Code § 11.204(4): <br />a. notice has been provided to the City of San Marcos, Texas; <br />