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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, • <br />TEXAS: <br />PART 1. Declaration of Need Under Texas Local Government Code, Section 392.017 <br />(d)(1), there is a need for the THE to exercise its powers in the area of operation of the Housing <br />Authority of the City of San Marcos to provide decent, safe and sanitary housing that is <br />affordable to lower income residents, and the THE is authorized to exercise its powers in the area <br />of operation of the City of San Marcos Housing Authority. <br />PART 2. Cooperation Agreement Under Texas Local Government Code, Section <br />392.017(d)(2), a Cooperation Agreement, attached hereto and incorporated herein, between the <br />City of San Marcos, by and through the San Marcos City Council, and the THF, is authorized <br />under Texas Local Government Code 392.059. The THE is authorized to exercise its powers <br />under the Texas Local Government Code, Chapter 392, to negotiate with and enter into the <br />ownership of the Asbury Place Apartments project to operate that housing project in the area of <br />operation of the Housing Authority of the City of San Marcos consistent with the terms of the <br />Cooperation Agreement. The City of San Marcos also agrees to cooperate with the THE to <br />enable the THE to operate the Asbury Place Apartments as a multi- family housing project in the <br />area of operation of the Housing Authority of the City of San Marcos, consistent with the terms <br />of the Cooperation Agreement. The Chairman and /or CEO of the THE Board and Rick <br />Menchaca, City Manager of the City of San Marcos, are authorized to execute the Cooperation <br />Agreement. <br />PART 3. General Authority The city manager is authorized to negotiate with the THE <br />about specific terms of the Cooperation Agreement in the best interest of the City of San Marcos <br />and to take any reasonable and necessary action to effectuate and implement the direction and <br />intention of this resolution and the Cooperation Agreement. <br />PART 4. This resolution shall be in full force and effect from and after its passage. <br />ADOPTED this the 16th day of December, 2009. <br />6 t"I lfl <br />Susan Narvaiz <br />Mayor <br />A 4hMas <br />urn <br />City Clerk <br />�J <br />