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CC Resolution No. 2811 RESOLUTION NO. 2811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GENERAL AND NO LITIGATION CERTIFICATE RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE PORTOFINO APARTMENTS); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") proposes to issue bonds in an aggregate principal amount not to exceed$30,000,000.00 for its Multifamily Housing Revenue Bond Program for the benefit of Pasadena Leased Housing Associates I, Limited Partnership or an affiliate thereof, related to the acquisition,rehabilitation and equipping of a 248-unit multifamily housing development for seniors in the City of Pasadena; and WHEREAS, the issuance of the above-referenced bonds is expected to advance the Corporation's continued efforts in providing safe,decent,sanitary and affordable housing to residents of its sponsoring political subdivisions, including the City of Baytown; and WHEREAS, to gain approval of the Texas Attorney General's Office for the issuance of the bonds, the Corporation has asked that the City of Baytown confirm certain information regarding the Corporation and approve the issuance of the bonds;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor to execute the General and No Litigation Certificate relating to the Southeast Texas Housing Finance Corporation's issuance of Multifamily Housing Revenue Bonds (The Portofino Apartments ) for the benefit of Pasadena Leased Housing Associates 1, Limited Partnership or an affiliate thereof, related to the acquisition, rehabilitation and equipping of a 248-unit multifamily housing community for seniors in the City of Pasadena. Said certificate is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown,Texas, INTRODUCED, READ and PASSED by the affirmativ City Council of the City of Baytown this the 12"'day of January,2023. FNTOI11'1ir NDON C E LO, ayor T ST: ��;ao= ��a�m T ANGELA J K!ON, City Clerk," APPROVED AS RM: SCOTT LEM014, City Attorney Rc\Karen AndersojiT ESOLUTIO\S\C"COUi ICIL12023\202 3.41.121S ETI lM ulti farm lyHous ingkevenueBonds.doex EXHIBIT "A" GENERAL AND NO LITIGATION CERTIFICATE OF CITY OF BAYTOWN We hereby certify that we are duly elected or appointed and acting officers of the City of Baytown, Texas (the "City"). We do hereby further certify that: 1. This Certificate is for the benefit of the Attorney General of the State of Texas (the "Attorney General")and all persons interested in the validity of the proceedings of The Southeast Texas Housing Finance Corporation (the "Corporation") related to the issuance by the Corporation of its multifamily housing revenue bonds entitled "The Southeast Texas Housing Finance Corporation Multifamily Housing Revenue Bonds(The Portofino)" issued in one or more series in an aggregate principal amount not to exceed $30,000,000 (the "Bonds"). 2. The City Council (the "Governing Body") of the City authorized the membership of the City in the Corporation, a joint housing finance corporation created pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, as amended (the "Act"), and approved the Articles of Incorporation and Bylaws of the Corporation (and all amendments thereto). 3. The City has appointed Manuel Escontrias to act as a member of the board of directors of the Corporation. The individual is a resident of a city or county which is a member of the Corporation. 4. The Governing Body has taken no action pursuant to the Act, including Section 394.016(c) thereof, or otherwise, to limit the effectiveness of the resolution authorizing the issuance of the Bonds or in any way affecting the proceedings relating to the issuance of the Bonds. 5. The Governing Body has not created any other Corporation that currently has the power to make home mortgages or loans to lending institutions, the proceeds of which are to be used to make home mortgage or loans on residential developments. 6. No litigation is pending, or to our knowledge threatened, in any court in any way affecting the existence of the Corporation or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds or the financing documents to which the Corporation is a party, or contesting in any way the completeness or accuracy of any disclosure document prepared in connection with the issuance of the Bonds, or contesting the powers of the Corporation or its authority with respect to the financing documents to which it is party. 7. Each of the undersigned officers of the City hereby certifies that he or she is the duly elected or appointed incumbent of the office appearing below his or her signature and that the signature of the other officer appearing below is the true and correct signature of such person. 8. The Attorney General of the State of Texas is hereby authorized and directed to date this certificate concurrently with the date of his approval of the Bonds and this Certificate shall be General and No Litigation Certificates(The Portofino)4889-3401.6057 v4 2300077 deemed for all purposes to be accurate and correct on and as of that date and on and as of the date of the initial issuance and delivery of the Bonds to the initial purchasers thereof. 9. By his or her signature hereto, the undersigned representative of the Governing Body assumes no liability whatsoever with respect to the Bonds. The Bonds are not an indebtedness of the Governing Body or the City and the Governing Body and the City shall have no liability therefor. [Remainder of Page Intentionally Left Blank] EXECUTED AND DELIVERED AS OF THE DATE SET FORTFI BELOW. CITY OF BAYTOWN,TEXAS By Mayor Brandon Capetillo ATTEST By [Deputy] City Clerk DATED; [To BE DATED BY ATTORNEY GENERAL OF THE STATE OF TEXAS] l