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COOPERATION AGREEMENT <br />BETWEEN THE <br />THE SAN MARCOS, TEXAS CITY COUNCIL <br />AND THE <br />TEXAS HOUSING FOUNDATION <br />EFFECTIVE DFCFMRFR 16 , 2009 <br />WHEREAS, on n F r 1 g_ _ , 2009, under Tex. Local Govt. Code, Section 3 92.017(d), <br />the San Marcos City Council declared that there is a need for the Texas Housing Foundation, a <br />Texas regional housing authority ( "THF "), to exercise its powers within the territorial boundaries <br />of the City of San Marcos because there exists in said City a shortage of safe and sanitary <br />housing available to lower income persons at rentals they can afford; and authorized a <br />cooperation agreement with the THF under Section 392.059; <br />WHEREAS, on _aFf' 16 , 2009, under Tex. Local Govt. Code, Section 392.017(d), <br />the Housing Authority of the City of San Marcos, Texas declared that there is a for the THF <br />to exercise its powers within the territorial boundaries of the City of San Marcos because there <br />exists in said City a shortage of safe and sanitary housing available to lower income persons at <br />rentals they can afford; and authorized a cooperation agreement with the THF under Section <br />392.059; <br />WHEREAS, the Board of Commissioners of the THF also adopted a resolution to <br />exercise its powers in the City of San Marcos and the operation of the area of the Housing <br />Authority of the City of San Marcos specific to the Asbury Place Apartments project and <br />authorizing it to enter into cooperatioit agreements with the Housing Authority of the City ofSan <br />Marcos, Texas and the City of San Marcos under Section 392.059; <br />NOW, THEREFORE, the parties hereto, the San Marcos City Council and the THF, <br />agree as follows: <br />Section 1: Cooperation Agreement. The San Marcos City Council and the THF agree to <br />cooperate to allow the THF to provide housing for lower income persons in the City of San <br />Marcos, Texas, specifically, by and through the Asbury Place Apartments project, consistent <br />with the provisions below. <br />Section 2: Housing Project Authorization. THF is authorized to exercise its powers under <br />Tex. Local Gov't. Code, Chapter 392, to finance, plan, undertake, or operate a housing project in <br />the City of San Marcos, Texas specific to the Asbury Place Apartments project as provided <br />herein and pursuant to Tex. Local Gov't. Code, Section 392.059. <br />Section 3: General Authorization. THF is authorized to become the General Partner in the <br />Jackson Community Apartments, L.P., a Texas limited partnership, which owns the 64 multi- <br />family housing units known as Asbury Place Apartments located at 1400 Wonderworld Drive <br />and within the territorial boundaries of the City of San Marcos, and also authorized to own, <br />operate and manage such project for the benefit of lower income residents of San Marcos. <br />