title
Presentation, discussion, and possible action on Inducement Resolution No. 24-021 for Multifamily Housing Revenue Bonds or Notes regarding authorization for filing applications to be added to the Department’s Waiting List for private activity bond authority and/or submitted for Traditional Carryforward for Airport Commerce Multifamily Apartments
end
RECOMMENDED ACTION
recommendation
WHEREAS, a pre-application, as further detailed below, was submitted to the Department for consideration of an inducement resolution;
WHEREAS, Board approval of the inducement resolution is the first step in the application process for a multifamily bond issuance by the Department; and
WHEREAS, approval of the inducement will allow staff to submit an application to the Bond Review Board (BRB) for private activity bonds, to be added to the Department’s Waiting List for 2024 or to be submitted requesting Traditional Carryforward for the Development;
NOW, therefore, it is hereby
RESOLVED, that based on the foregoing, Inducement Resolution No. 24-021, to proceed with the application submission to the BRB for possible receipt of State Volume Cap issuance authority under the Private Activity Bond Program for Airport Commerce Multifamily Apartments, is hereby approved in the form presented to this meeting.
end
BACKGROUND
General Information: The BRB administers the annual private activity bond authority for the State of Texas. The Department is an issuer of Private Activity Bonds and is required to induce an application for bonds prior to the submission to the BRB. Approval of the inducement resolution does not constitute approval of the development but merely allows the Applicant the opportunity to move into the full application phase of the process. Once the application receives a Certificate of Reservation, the Applicant has 180 days to close on the private activity bonds.
During the 180-day process, the Department will review the complete application for compliance with the Department’s Rules, including, but not limited to, site eligibility and threshold, as well as previous participation as it relates to developments previously funded through the Department. During the review of the full application, staff will also underwrite the transaction and determine financial feasibility in accordance with the Real Estate Analysis Rules. The Department will schedule and conduct a public hearing, and the complete application, including a transcript from the hearing, will then be presented to the Board for a decision on the issuance of bonds as well as a determination on the amount of housing tax credits anticipated to be allocated to the development.
This inducement resolution would reserve approximately $27.5 million in private activity bond volume cap. Staff notes that the Department’s set-aside for the 2024 program year is $200,177,913. The pre-application listed below may be added to the Department’s waiting list for a bond reservation; however, staff may pursue submission of the application for Traditional Carryforward, in which case a reservation could be received if there is unreserved bond volume cap at the end of the calendar year.
24608 - Airport Commerce Multifamily Apartments
The new construction of 164 multifamily units to serve the general population is proposed for the development, which is to be located at 1501 Airport Commerce Drive, Austin, Travis County. The Airport Commerce Multifamily Apartments originally contemplated the new construction of 164 HTC units integrated with 164 workforce units and received approval of an inducement resolution at the Board meeting of June 15, 2023. The workforce units were to be financed separately and the tax-exempt proceeds were to be spent solely on the costs incurred by the HTC portion of the development. The project will now utilize a condominium structure to allow the submission and analysis of a single application with two separate bond reservations and will include approximately 328 low-income units. The applicant has elected the Priority 3 designation, which does not require any restrictions regarding the Area Median Family Income (AMFI). This application proposes to implement the Average Income set-aside. Of the 164 units that is the subject of this pre-application and inducement, 33 units are proposed to be rent- and income-restricted at 50% of AMFI, 98 units are proposed to be rent- and income-restricted at 60% of AMFI and the remaining 33 units will be rent- and income-restricted at 70% of AMFI. The Department has not received any letters of support or opposition for the development.
Bond Inducement Amount: $27,500,000