CC Resolution No. 2923 RESOLUTION NO. 2923
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 THE PROPOSED ISSUANCE OF ONE OR
MORE SERIES OF TAX-EXEMPT OBLIGATIONS BY THE SOUTHEAST TEXAS
HOUSING FINANCE CORPORATION IN AN AGGREGATE PRINCIPAL AMOUNT OF
NOT MORE THAN FORTY-FIVE MILLION DOLLARS ($45,000,000) FOR THE
VILLAGE AT BAYTOWN PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") proposes to issue
bonds one or more series of tax-exempt obligations in an aggregate principal amount of not more than$45,000,000
for the benefit of Baytown Apartments, L.P. or an affiliate thereof, related to the acquisition, rehabilitation and
equipping of an approximately 210-unit multifamily housing development known as Village at Baytown located
at 4601 Village Lane, Baytown, Texas 77521; 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 issuance of one or more series of tax-
exempt obligations by the Corporation in an aggregate principal amount of not more than FORTY-FIVE
MILLION DOLLARS ($45,000,000) for the benefit of Baytown Apartments, L.P. or an affiliate thereof, related
to the acquisition, rehabilitation and equipping of an approximately 210-unit multifamily housing development
known as Village at Baytown located at 4601 Village Lane, Baytown, Texas 77521. 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 affirmative vote of the City Council of the City of Baytown
this the 13"day of June, 2024.
DON CAPETILLO Mayor
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ANGEL AC SON, City Clerk !%�� a o
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APPROVED A 3 TO ORM:
SCOTT LE ND, City Attorney
SETH-Village at Baytown docx
EXHIBIT "A"
CERTIFICATE OF APPROVAL
FOR ISSUANCE OF TAX-EXEMPT OBLIGATIONS
I, the chief elected executive officer of the City of Baytown, Texas, elected at-large by the
voters of the City of Baytown, Texas, make this certificate solely to satisfy the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended, with respect to the proposed
issuance of one or more series of tax-exempt obligations by The Southeast Texas Housing Finance
Corporation (the "Corporation") in an aggregate principal amount of not more than $45,000,000
(the "Bonds"). The Bonds will be issued for the benefit of Baytown Apartments L.P.or an affiliate
thereof(the "Borrower"), in connection with the acquisition, rehabilitation and equipping of a
multifamily housing development known as Village at Baytown located at 4601 Village Lane,
Baytown, Texas 77521 and consisting of approximately 210 units (the "Development"). The
Borrower will own the Development. It is anticipated that a wholly-owned affiliate of Southeast
Texas Multifamily Resources, Inc., an affiliate of the Corporation, will own the land on which the
Development is located and lease such land to the Borrower. Further, it is anticipated that the
general partner of the Borrower will be wholly-owned by Southeast Texas Multifamily Resources,
Inc.
A public hearing was held on behalf of the City of Baytown, Texas, by Ron Williams, the
designated hearing officer, as described in the attached Certificate of Hearing Officer. As the
"applicable elected representative" of the City of Baytown, Texas, I approve the issuance of the
Bonds in the amount and for the purpose described above.
This approval is not: (1) a warranty by the City of Baytown, Texas, the Mayor of the City
of Baytown,Texas, or of any agency,political subdivision,or instrumentality of the State of Texas
that the Bonds will be paid or that any of the obligations assumed in connection with issuance of
the Bonds will in fact be performed; (2) a pledge of the faith and credit of the State of Texas or of
any agency, political subdivision, or instrumentality the State of Texas; or (3) a warranty of the
validity of the corporate existence of the Corporation or of the Bonds themselves.
IN WITNESS WHEREOF, I have officially signed my name in the City of Baytown, Texas,
on the date set forth below.
Mayor Brandon Capetillo
City of Baytown, Texas
Dated: , 2024
[w_3TEFRA Approval Certificate(Village at Baytown)4885-6104-5423 v3
2314607
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 tax-exempt obligations for the Village at Baytown project, to be issued in one
or more series in an aggregate principal amount not to exceed$45,000,000 (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 Corporation's articles of incorporation (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 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.
General and No Litigation Certificates(Village at Baytown)4861-9440-9391 Q
2314607
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]
2
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]