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Presentation, discussion, and possible action regarding the Issuance of a Multifamily Housing Governmental Note (Waters at Waterchase) Series 2026 Resolution No. 26-007, and a Determination Notice of Housing Tax Credits
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RECOMMENDED ACTION
recommendation
WHEREAS, the Board adopted an inducement resolution for Waters at Waterchase at the Board meeting of October 10, 2024, as amended by a resolution adopted on April 10, 2025;
WHEREAS, an application for Waters at Waterchase requesting 4% Housing Tax Credits (HTC), sponsored by AHF Waters at Waterchase, LLC and the Atlantic Housing Foundation, Inc., was submitted to the Department on March 10, 2026;
WHEREAS, a Certificate of Reservation was issued in the amount of $20,000,000 on May 26, 2026, with a bond delivery deadline of November 22, 2026; and
WHEREAS, staff recommends approval of the issuance of a Multifamily Housing Governmental Note for Waters at Waterchase (Series 2026), and the issuance of a Determination Notice;
NOW, therefore, it is hereby
RESOLVED, that the issuance of tax-exempt Multifamily Housing Governmental Note (Waters at Waterchase) Series 2026 in the amount of $18,000,000, Resolution No. 26-007, is hereby approved in the form presented to this meeting;
FURTHER RESOLVED, the issuance of a Determination Notice of $1,250,668 in 4% Housing Tax Credits for Waters at Waterchase, subject to underwriting conditions that may be applicable as found in the Real Estate Analysis report posted to the Department’s website, and subject to program conditions as reflected herein, is hereby approved in the form presented to this meeting; and
FURTHER RESOLVED, that if approved, staff is authorized, empowered, and directed, for and on behalf of the Department to execute such documents, instruments and writings and perform such acts and deeds as may be necessary to effectuate the foregoing.
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BACKGROUND
General Information: The Multifamily Housing Revenue Note will be issued in accordance with Tex. Gov’t Code §2306.353 et seq., which authorizes the Department to issue notes for its public purposes, as defined therein. Tex. Gov’t Code §2306.472 provides that the Department’s multifamily housing revenue notes are solely obligations of the Department, and do not create an obligation, debt or liability of the State of Texas or a pledge or loan of faith, credit or taxing power of the State of Texas.
Development Information: The acquisition and rehabilitation of 130 residential units is proposed for Waters at Waterchase, located at 12365 Plano Road in Dallas, Dallas County. The project will continue to serve the general population. The development was originally constructed in 1981 and was part of the National Center for Housing Management Qualified 501(c)(3) Bond portfolio originally issued by the Department in 1993. The prior 501(c)(3) Bonds were redeemed on January 30, 2004, and are no longer outstanding. The Development originally consisted of 134 total units, however, three units are currently non-revenue units and two of the units will be combined to create a three-bedroom accessible unit. A maintenance shop, an activity center, and an office comprise the non-revenue units. The property is subject to an existing Land Use Restriction Agreement (LURA) from the Resolution Trust Company, which was issued in 1990 as part of the 501(c)(3) portfolio. Under that existing LURA, 76 of the units are restricted to rent and income levels at 50% of the Area Median Family Income. The LURA is expected to expire in 2034.
The Certificate of Reservation from the Bond Review Board was issued under the Priority 3 designation, which does not have any restrictions regarding rent and income levels. The application reflects that all the units will be rent and income-restricted at 60% of Area Median Family Income. Rehabilitation costs, which includes building costs and site work, is approximately $52k per unit.
Organizational Structure and Previous Participation: The Borrower is Waters at Waterchase, LP, and includes the entities and principals as illustrated in Exhibit A. The applicant’s portfolio is considered Previously Approved with the previous participation condition recommended by staff, which is noted in Exhibit A-1.
Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing/Public Comment: On March 18, 2022, the IRS released Revenue Procedure 2022-20, which permanently allows TEFRA hearings for qualified activity bonds to be held telephonically. Staff conducted a telephonic hearing for the proposed development on June 11, 2025. Representatives from the Department and the Developer were present, and no public comment was made. A copy of the hearing transcript is included herein. The Department has not received any letters of support or opposition for the development.
Summary of Financial Structure
Under the proposed structure, the Department will issue a fixed rate, tax-exempt multifamily governmental note in the amount of $18,000,000 that will be initially purchased by Fifth Third, who will be serving as the construction lender. The interest rate during construction will be based on the Term SOFR Rate plus 1.85% (as further defined in the Note), estimated at the time of underwriting to be 5.42%. The term of the construction loan is anticipated to be 30 months, inclusive of a six-month extension.
Once the conditions to the permanent loan conversion have been met, Barings, LLC, will acquire the Note. The permanent loan amount is anticipated to be $10,235,000 and the interest rate, which will be fixed prior to closing, will be based upon the sum of 1.85% and the greater of the rate to be determined by a straight-line-interpolation of the applicable annual SOFR Swap Index rates (based on the weighted average life of the Note) as published by Bloomberg on the date of determination, or 3.25%, subject to adjustments in the Funding Loan Agreement. For purposes of the Department’s underwriting, an interest rate of 6.63% was used. The loan will have a 17-year term, 40-year amortization period, with a maximum final maturity date of approximately December 2045.
The Atlantic Housing Foundation, Inc., will provide a cash-flow contingent loan in the amount of $8,000,000 with a 5.00% interest rate and 36-year term.