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