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CC Resolution No. 1733 54 RESOLUTION NO. 1733 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 MULTIFAMILY HOUSING REVENUE BONDS (SUNDANCE APARTMENTS, 3409 9TH AVENUE, NORTH, TEXAS CITY, GALVESTON COUNTY, TEXAS 77590), IN ONE OR MORE SERIES, 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 Multifamily Housing Revenue Bonds (Sundance Apartments, 3409 9`h Avenue, North, Texas City, Galveston County, Texas 77590), in one or more series, in the aggregate principal amount not to exceed $15,000,000 in order to finance a multifamily complex in Texas City, Galveston County, Texas; 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 Multifamily Housing Revenue Bonds (Sundance Apartments, 3409 9rh Avenue, North, Texas City, Galveston County, Texas 77590), in one or more series, by Southeast Texas Housing Finance Corporation, which certificate is attached hereto as Exhibit"A" and made a part hereof 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 28ti day of July, 2005. CALVIN MUNDINGER, Mayor ATTEST: 6ARYI W. SMITH, City Clerk APPROVED AS TO FORM: 6TMACIO RAMIREZ, SR., Cit} orney R.\Karen Tiies\City Council\Resolutions\2005Vu y 28\STHFCMuilifamilyHousingRevenueBondsTexasCity.doe 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: I. 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 (Sundance Apartments, 3409 9th Avenue North, Texas City, Galveston County, Texas 77590) in one or more series (the "Bonds") in an aggregate amount not to exceed $15,000,000. 2. The City Council (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: SPONSORING NAME OFFICE LOCAL GOVERNMENT Winnie Corsaro President City of Santa Fe Pat Muston First Vice President City of La Porte Gary Meyer Second Vice President Cities of La Marque and Texas City John Towner Assistant Secretary Galveston County Bob Allen Director City of Pasadena Carolyn Bilski Director Austin County I.O. Coleman, Jr. Director Wharton County Jerry Cornelius Director City of Deer Park Joseph Gomer Director City of Shoreacres Andrea Greer Director City of Dickinson Rick Ferguson Director Chambers County Hap Harrington Director City of Tomball Leonard Lamar Director Matagorda County Daniel Sandoval Director City of Baytown Gary Van Deventer Director Liberty County E. Rusty Vidrine Director City of League City Milton Whiting Director Waller County Brian Woodward Director Walker County Andy Zumwalt Director Brazoria County General Certificates.doc EMIT A 1610500/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 incurnbent 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. S. 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 ATTEST By Title: C, rY CLEF DO NOT DATE THIS PAGE Date of this Certificate: C Calvin Mundinger, Ma)-13