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CC Resolution No. 1753RESOLUTION NO. 1753 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 (BAY -VIEW ESTATES APARTMENTS) IN ONE OR MORE SERIES IN AN AGGREGATE AMOUNT NOT TO EXCEED FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 La Marque, 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 October 11, 2005, in the City Council Chambers of the City of La Marque, 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 (Bayview Estates 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 25`h day of October, 2005. CALVIN MUNDINGER, May Hrrtcu v nr) H3 i v r vrcivr: r � ACIO RAMIREZ, SR., ty Attorney R:AJeaneneAMy DocumentsVCounci1A05-06A0ctober 2nd\SETHbondsBayviewEstatesApartments.doc (;EN ERAL CERTIFICATE OF LOCAL GOYER"IENTAL UNIT I hereby certif i 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 Cer',af7cate 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 lJou: ing Finance Corporation (the ,Co)poration'� related to the issuance by the Corporation of its loll lti:family Dousing Revenue Bonds (Bayview Estates Apartments) in one or more series (the "Bon ds' in an aggregate amount not to exceed 515,000,000. 2. The Cit r Council (the "Governing Body') of the Local Governmental Unit authorized the creaticn of the Corporation as a joint housing finance corporation pursuant to the Texas Dousing Fina ice 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 amendment; thereto). The Corporation's Articles of Incorporation have not been amended since Marcl : 29, 1983. 3, The offiL:Iers and directors of the Corporation are currently as follows: SPONsORING NAMF OFFICE LOCAL GOVERNMENT Winne Corwo President First Vice President City of Santa Fe City of La Porte Pat Muston Second Vice President Cities of La Marque and Texas Gary Meyer City John Towner Assistant Secretary Galveston County City of Pasadena Bob Allen Carolyn Bilsl 7 Director Director Austin County I.O. Coleman, J;r. Director Wharton County City of Deer Park Jerry as Director Director City of Shoreacres Josephh Gomt omF r Andrea Greer' Director City of Dickinson Rick Fergusc n Director Chambers County City of Tomball Hap Harrington Director Director Matagorda County Leonard Lary ar Daniel Sandoval Director City of Baytown Clary Van Df venter Director Liberty County City of League City E. Rusty Vid tine Director Director Waller County Milton Whit•ng Brian Woodward Director Walker County Andy Zutnw ilt Director Brazoria County 4. The C overning Body has taken no action pursuant to the Act, including Section 394.016(c) hereof; or otherwise, to limit the effectiveness of the resolution authorizing Beyview No Ut cert.doc 1614338/BMC the issuance of the Bcnds or in any way affecting the proceedings relating to the issuance of the Bonds. 5. The Govorning Body has not created any other Corporation with the power to make home mortgages or lc °ans to lending institutions or borrowers, the proceeds of which are to be used to make home m, ?rtgages or loans on residential developments. 6. No litiga ;ion 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 <Iccuracy of the statements made in the offering document relating to the Bonds, or contesting he 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 d aly 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. S. The Atic rney 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 ptu poses to be accurate and correct on and as of that date and on and as of the date of the initial issu an:e and delivery of the Bonds to the initial purchasers thereof. [Remainder of page intentionally left blank] f,)CF-CUTED AN b DBLIVERED AS OF THE DATE SET FORTH BELOW. CITY OF BAYTOWN, TEXAS Mayor DO NOT DATE T [1]S PAGE Date of this Certificate: CERTIFICATION I, KELVIN KNAUF, the duly appointed and Acting Interim City Clerk of the City of Baytown, Harris County, Texas, do hereby certify and attest that as part of my duties, I do supervise and act as lawful custodian of the records of the City of Baytown; that the attached document is a true and correct copy of Resolution 1753. RESOLUTION NO. 1753 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 (BAYVIEW ESTATES APARTMENTS) IN ONE OR MORE SERIES IN AN AGGREGATE AMOUNT NOT TO EXCEED FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Adopted by the City Council at its Meeting held on October 25, 2005. WITNESS MY HAND AND SEAL of the City on October 27, 2005. elvin Knauf, feting Interim/,City Clerk (SEAL)