Loading...
CC Resolution No. 1433 2702 RESOLUTION NO. 1433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATING TO THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2000, BY SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") has proposed offering Single Family Mortgage Revenue Bonds, Series 2000, in the aggregate principal amount not to exceed $25,000,000 in order to recapture prepayment funds from previously issued single family mortgage revenue bonds, and convert the prepayments into convertible notes for the use in generating new mortgages; 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; 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 Certificate of Local Governmental Unit relating to the issuance of Single Family Mortgage Revenue Bonds, Series 2000, by Southeast Texas Housing Finance Corporation, which certificate is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. The Mayor is further directed to execute the certificate of highest elected official and to authorize the Attorney General of the State of Texas,any Assistant Attorney General of the State of Texas or any of their respective delegates or assigns, to complete the date on the certificate. 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 23rd day of March,2000. PETE C. ALFARO, M yor ATTEST: GARY W. MITH, City Clerk APPROVED AS TO FORM: ACID RAMIREZ, SR., Cit0 A omey d:kl h240\Counc i I\Resolutions\STHFCSingleFmi IyHousi ngRevenueRefund ingBonds.Resolution GENERAL CERTIFICATE OF T OCAT GOVFRNMFNTAT UNIT I have executed this Certificate for the benefit of all persons interested in the validity of the proceedings of The Southeast Texas Housing Finance Corporation (the "Issuer") related to the issuance by the Issuer of its Single Family Mortgage Revenue Bonds, Series 2000C in an amount not to exceed$25,000,000(the"Bonds"). Capitalized terms used herein and not otherwise defined shall have the same meanings ascribed to such terms in the Texas Housing Finance Corporations Act, Chapter 394, Texas Local Government Code, as amended (the "Act"). I hereby certify as follows: 1. I am the duly elected and incumbent official of City of Baytown (the "Local Governmental Unit") holding the office indicated below. 2. The Issuer has been authorized to act on behalf of the Local Governmental Unit by action of the governing body of the Local Governmental Unit. 3. The Restated Articles of Incorporation of the Issuer have been approved by the governing body of the Local Governmental Unit. The minutes of the governing body of the Local Governmental Unit do not reflect any amendment to the Restated Articles of Incorporation of the Issuer. 4. The minutes of the governing body of the Local Governmental Unit do not reflect any action for the purpose of(i)changing the structure, organization,programs or activities of the Issuer, (ii) terminating the Issuer, (iii) withdrawing from the Issuer or(iv) limiting the effectiveness of the resolution of the Issuer's board of directors authorizing the issuance of the Bonds or otherwise affecting the Bond transaction. 5. Except for the Issuer, the Local Governmental Unit has not created or authorized to act on its behalf any housing finance corporation(including any joint housing finance corporation), except a housing finance corporation that has no power to make home mortgages or to make loans to lending institutions, the proceeds of which are to be used to make home mortgages or to make loans on residential developments. 6. The Local Governmental Unit has appointed the individual named below to act as a member of the board of directors of the Issuer for a term ending as indicated below. That individual is a resident of a Local Governmental Unit which is a member of the Issuer. The minutes of the governing body of the Local Governmental Unit do not reflect that such individual has been removed as a member of the Issuer's board of directors. 7. No litigation is pending or, to my knowledge, threatened against the Local Governmental Unit relating to the Issuer, the Bonds, the proceeding regarding the issuance of Bonds, G9CNP.PGM\?OW\GC_CITY.W PD March 2,20W EXHIBIT A the bonds being refunded with the Bonds, the representation on the Issuer's board of directors of the Local Governmental Unit, or the participation of the Local Governmental Unit in the Issuer or the Program. Signature: ,CXe e• �� Printed Name: Pete C. Alfaro, Mayor OFFICE: County Judge Mayor u ❑ County Attorney Mayor Pro Tern Other City Secretary El LOCAL GOVERNMENTAL UNIT: City of Baytown Name of Member of Expiration of Issuer's Board of Directors: Daniel Sandoval Director's Term: 01/31/01 [DO NOT DATE THIS PAGE] Date of this Certificate: GACNP.PGM0000\GC CITY.WPD Mach 2,2000 March 15, 2000 Jim Thomassen, Assistant Attorney General Chief-- Public Finance Division Office of the Attorney General 300 West 15th Street, 9th Floor Austin, Texas 78701 RE: The Southeast Texas Housing Finance Corporation -- Single Family Mortgage Revenue Bonds, Series 2000C Dear Mr. Thomassen: By this letter, the Attorney General of the State of Texas, any Assistant Attorney General or any of their respective delegates or assigns, is authorized to complete the date of the "General Certificate of Local Governmental Unit" of the undersigned Local Governmental Unit and to rely upon such information unless notified otherwise. By: ljze, C'. CI.L ✓" Printed Name: Pete C. Alfaro Title: Mayor LOCAL GOVERNMENTAL UNIT City of Baytown GACNP.PGM\2000\GC_QTY.W PD Match 2,2000 CERTIFICATE OF HIGHEST ELECTED OFFICIAL EVIDENCING PUBLIC APPROVAL PURSUANT TO § 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED WHEREAS, The Southeast Texas Housing Finance Corporation (the"Corporation") has, in accordance with the provisions of the Housing Finance Corporations Act, Chapter 394, Local Government Code, as amended, duly authorized the issuance of The Southeast Texas Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 2000C in the aggregate principal amount not to exceed S25,000,000(the`Bonds"). The Corporation authorized the issuance of the Bonds to provide funds to qualified persons of families of low or moderate income to finance the purchase of single family residences in the State of Texas (the "Program"). WHEREAS, on Monday, March 20, 2000, the Corporation held a public hearing in connection with the issuance of the Bonds after due notice thereof was published in The Chronicle, a newspaper of general circulation within the jurisdictions of each of the Local Governmental Units which comprise the Corporation and which meets the requirements of§ 2051.044, Government Code, at which no objections were raised by anyone present at the hearing. WHEREAS, the provisions of Section 147(f)of the Code require that the issuance of certain private activity bonds, such as the Bonds, must be approved by the "applicable elected representative" of the "governmental unit" issuing said bonds or on whose behalf said bonds are being issued; WHEREAS, under Section 147(f)(2)(E)(i)(II) of the Code, the applicable elected representative of the governmental unit is, in this case, the Mayor of City of Baytown (the"City"); and WHEREAS, as the highest elected official of the City, the undersigned desires to approve the issuance of the Bonds in one or more series for the purpose of financing the Project, on behalf of the Corporation, all in accordance with Section 147(f) of the Code. NOW, THEREFORE, I, Pete C. Alfaro, Mayor, do hereby certify that I am the highest elected official of the City and I do hereby approve the issuance of the Bonds for the purpose of financing the acquisition and rehabilitation of the Project to further the public purpose of the Corporation by providing safe, decent and sanitary housing for persons of low-to-moderate income level, all in accordance with Section 147(f) of the Code. I do hereby authorize the members of the Corporation and its officers to cause this Certificate to be filed of record in the Transcript of Proceedings for the Bonds and to file a copy thereof with any state or federal agency, board or commission as may be required by any applicable state or federal laws, rules or regulations. WITNESS my signature as of the 21 st day of March, 2000. x� (7- Pete C. Alfaro, Mayor City of Baytown, Texas