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CC Resolution No. 1624 RESOLUTION NO. 1624 2 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 REFUNDING NOTES, SERIES 2004A, BY SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s♦t***+t**s**r*�*a****srs********x***rr*****«********************s*r****«+*******r**a»# WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") has proposed offering Single Family Mortgage Revenue Refunding Notes, Series 2004A, in an amount not to exceed $50,000,000 in order to provide funds to refund certain outstanding obligations of STHFC, thereby preserving the availability of funds to assist in financing the origination of certain mortgage loans for the purchase of single family residences by persons and families of low and moderate income throughout STHFC's territory; and WHEREAS, the issuance of the above-referenced notes 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 Refunding Notes, Series 2004A, 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 8"day of January, 2004. /!ZG C ec� ATTEST: PETE C. ALFARO, Mayor GE V \ti. MITH, City Clerk APPROVED AS TO FORM: ACIO IREZ, SR., Attorney FAK=n\Files\City Council\Resolutions\STHFCSingleFamilyMortgageRevenueRefundingNotes.doe GENERAL CERTIFICATE OF LOCAL GOVERNMENTAL 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 Refunding Notes, Series 2004A, also known as the Convertible Note Fund Program (the "Program"), in an amount not to exceed $50,000,000, for the purpose of refunding the Maturing principal or redemption price of certain of the Issuer's Single Family Mortgage Revenue Bonds and Notes, issued by the Issuer (the `Bonds"), in order to provide funds to refund certain outstanding obligations of the Issuer, thereby preserving the availability of funds to assist in financing the origination of certain mortgage loans for the purchase of single family residences by persons and families of low and moderate income throughout the boundaries of the Issuer. 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 the City of Baytown, Texas (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, dated March 28, 1983 and filed with the Secretary of State of the State of Texas on March 29, 1983, 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. 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 h as n o p ower t o m ake h ome in ortgages o r t o in ake 1 cans t o lending institutions, the proceeds of which are to be used to make home mortgages. 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 or until such time as a replacement representative has been appointed by the Local Government Unit. That individual is a resident of a Local Governmental Unit which is a member of the Issuer. The EXMIT A minutes of the governing body of the Local Governmental Unit do not reflect that such individual has been removed or replaced 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, 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. S. 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 this Certificate on behalf of the undersigned Local Governmental Unit and to rely upon such information unless notified otherwise. Signature: Printed Name: Pete C. Alfaro OFFICE: ❑ County Judge Mayor d ❑ County Attorney Mayor Pro Tern ❑ ❑ Other City Secretary ❑ LOCAL GOVERNMENTAL UNIT: Name of Member of Expiration of Issuer's Board of Directors: Daniel Sandoval Director's Term: 01/26/07 [DO NOT DATE THIS PAGE] Date of this Certificate: