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CC Resolution No. 1820 90 RESOLUTION NO. 1820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATED TO THE ISSUANCE BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE COSTA VERDE APARTMENTS IN CLUTE, TEXAS, AND THE MANSIONS AT MOSES LAKE APARTMENTS IN TEXAS CITY, TEXAS; 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 multifamily properties in the City of Texas City, Texas, and in the City of Clute, Texas; and WHEREAS, the Corporation has represented to the City of Baytown that (i) it has held the requisite public hearings concerning the anticipated bond issuances; (ii) there were no comments made 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 regarding the Southeast Texas Housing Finance Corporation's (SETH) issuance of Multifamily Housing Revenue Bonds (Costa Verde Apartments) in one or more series in an aggregate amount not to exceed FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00). Said certificate is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 regarding the Southeast Texas Housing Finance Corporation's (SETH) issuance of Multifamily Housing Revenue Bonds (Mansions at Moses Lake Apartments) in one or more series in an aggregate amount not to exceed NINE MILLION FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($9,400,000.00). Said certificate is attached hereto as Exhibit `B" and incorporated herein for all intents and purposes. 91 Section 3: 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 affirmA, ' City Council of the City of Baytown this the 201h day of November, 2006. STEP N ONCARLOS, Mayor TTE a J" L City Clerk APPROVED AS FORM: a� ACID RAMIREZ, SR ity Attorney R:\KarenTiles\City Council\Resolutions\2006\November 20\SETHbondsCostaVerde&MansionsatMosesLakeApartments.doe 2 t 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 (Costa Verde Apartments) in one or more series (the "Bonds") in an aggregate amount not to exceed $15,000,000. 2. The Commissioners Court (the "Governing Body") of the Local Government 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 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 LOCAL NAME OFFICE GOVERNMENT Winnie Corsaro Director City of Santa Fe Gary Meyer President Cities of La Marque and Texas City E. Rusty Vidrine First Vice President City of League City I.O. Coleman, Jr. Director Wharton County Ken E. Untried Director City of Pasadena Carolyn Bilski Director Austin County Jerry Cornelius Director City of Deer Park George Deshotels Director Matagorda County Joseph Gomer Director City of Shoreacres Andrea Greer Director City of Dickinson Rick Ferguson Director Chambers County H. G. Harrington Director City of Tomball Pat Muston Director City of La Porte Daniel Sandoval Assistant Secretary City of Baytown John Towner Second Vice President Galveston County Milton Whiting Director Waller County Brian Woodward Director Walker County Andy Zumwalt Director Brazoria County Vacant Director Liberty County 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. EMU A HOUSTON:022695.00002:1126014v I } 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] 2 HOUSTON:022695 00002: 1126014N 1 EXECUTED AND DELIVERED AS OF THE DATE SET FORTH BELOW. CITY OF BAYT , TEXAS By: DO NOT DATE THIS PAGE Date of this Certificate: 3 ayor tephen H. DonCarlos HOUSTON: 022695.00002: 1126014v 1 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 (Mansions at Moses Lake Apartments) in one or more series (the "Bonds") in an aggregate amount not to exceed $9,400,000. 2. The Commissioners Court (the "Governing Body") of the Local Government 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 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 LOCAL NAME OFFICE GOVERNMENT Winnie Corsaro Director City of Santa Fe Gary Meyer President Cities of La Marque and Texas City E. Rusty Vidrine First Vice President City of League City I.O. Coleman, Jr. Director Wharton County Ken E. Untried Director City of Pasadena Carolyn Bilski Director Austin County Jerry Cornelius Director City of Deer Park George Deshotels Director Matagorda County Joseph Gomer Director City of Shoreacres Andrea Greer Director City of Dickinson Rick Ferguson Director Chambers County H. G. Harrington Director City of Tomball Pat Muston Director City of La Porte Daniel Sandoval Assistant Secretary City of Baytown John Towner Second Vice President Galveston County Milton Whiting Director Waller County Brian Woodward Director Walker County Andy Zumwalt Director Brazoria County Vacant Director Liberty County 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 EXW B 11013STON-022695M009: 1126007vl 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] 2 HOUSTON:022695.00009: 1126007v l EXECUTED AND DELIVERED AS OF THE DATE SET FORTH BELOW. 0w SY •�, J: • DO NOT DATE THIS PAGE Date of this Certificate: CITY OF BAYWN, TEXAS By: 3 ephen H. DonCarlos HOUSTON: 022695.00009: 1126007v1