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CC Resolution No. 1680 82 RESOLUTION NO. 1680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (SEVILLE PLACE APARTMENTS) IN ONE OR MORE SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t*>*>kt**■r**■s■rr********s>k**>kt*►x**►r***rr::�*ts**r**r**rrx:a:s**t+*rce****r***:*t:** WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") is proposing to issue the Corporation's Multifamily Housing Revenue Bonds for a multifamily property in the City of LaPorte,Texas; and WHEREAS, the Corporation has represented to the City of Baytown that (i) it has held a public hearing concerning the anticipated bond issuance on August 30, 2004, in the City Council Chambers of the City of LaPorte, Texas; (ii) there were no comments received at the public hearing; and (iii) no one submitted any written comments for the same; 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; 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 Southeast Texas Housing Finance Corporation's issuance of Multifamily Housing Revenue Bonds (Seville Place Apartments) in one or more series in an aggregate amount not to exceed FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00). 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 23 d day of September, 2004. CALVIN MUNDINGER, Mayor AT,T��EST: GARY . SMITH City Clerk APPROVED AS TO FORM: ,4....,D&=,C.- ACIO RAMIREZ, SR. C Attomey `OdcSliligalroMKamTiie%City Council%Oedieurcgl ETHMulti amilyHomingkevenueOord villePhttA,etlme bd GENERAL CERTIFICATE OF LOCAL GOVERNMENTAL UNIT I hereby certify that I am a duly elected or appointed and an acting officer of the City of Baytown, Texas (the "Local Governmental Unit"). I 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 (Seville Place Apartments) in one or more series (the "Bonds ") in an aggregate amount not to exceed-$15,000,000. 2. The City Counsel (the "Governing Body ") of the Local Governmental Unit authorized the creation of the Corporation as a joint housing finance corporation pursuant to the Texas Housing Finance Corporations Act, Texas Local Government Code, Chapter 394, as amended (the "Act"), and approved the Articles of Incorporation and Bylaws of the Corporation (and all amendments thereto). The Corporation's Articles of Incorporation have not been amended since March 29, 1983. 3. The officers and directors of the Corporation are currently as follows: NAME Winnie Corsaro President Gary Meyer First Vice President I.O. Coleman, Jr. Pat Muston Bob Allen Carolyn Bilski Jerry Cornelius Andrea Greer Rick Ferguson Hap Harrington J. Brooks Hiller Leonard Lamar Daniel Sandoval John Towner E. Rusty Vidrine Milton Whiting Brian Woodward Andy Zumwalt OFFICE Second Vice President Assistant Secretary Director Director Director Director Director Director Director Director Director Director Director Director Director Director Vacant SPONSORING LOCAL GOVERNMENT City of Santa Fe Cities of La Marque and Texas City Wharton County City of La Porte City of Pasadena Austin County City of Deer Park City of Dickinson Chambers County City of Tomball Liberty County Matagorda County City of Baytown Galveston County City of League City Waller County Walker County Brazoria County City of Shoreacres 1746366.01.01 1595909/BMC 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 with the power to make -home mortgages or loans to lending institutions or borrowers, the proceeds of which are to be used to make home mortgages 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 the statements made in the offering document relating to 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 Local Governmental Unit 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. [Remainder of page intentionally left blank] EXECUTED AND DELIVERED AS OF THE DATE SET FORTH BELOW. CITY OF BAYTOWN, TEXAS BY Mayor ATTEST y� "_, Title: - `'City Clerk DO NOT DATE THIS -PAGE Date of this Certificate: SETS SOUTHEAST TEXAS HOUSING FINANCE CORPORATION September 10, 2004 Mayor Calvin Mundinger City of Baytown 2401 Market Street Baytown, TX 77520 Re: Southeast Texas Housing Finance Corporation Multifamily Housing Revenue Bonds Seville Place Apartments La Porte, Texas Dear Mayor Mundinger: Please find enclosed four (4) copies of the General Certificate of Local Governmental Unit which is required to be executed prior to the anticipated issuance of the Southeast Texas Housing Finance Corporation's Multifamily Housing Revenue Bonds for a multifamily property in the City of La Porte, Texas. In accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the Southeast Texas Housing Finance Corporation held a public hearing after proper notice at the City Council Chambers of the City of La Porte on August 30, 2004. There were no comments received at the public hearing nor did anyone submit any written comments. Please execute all four copies and return to our office in the enclosed pre -paid overnight envelope. We respectively request that we receive all executed documents no later than October 15, 2004. If you or your staff have any questions, please do not hesitate to contact me directly. Sincerely, Ron Williams Executive Director ENCLOSURES XC: Daniel Sandoval, board member 11111 South Sam Houston Parkway East • Houston, Texas 77089 phone (281) 484-HOME (4663) • fax (281) 484-1971 • www.sethfc.com