CC Resolution No. 1854 33
RESOLUTION NO. 1854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND
NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT
REGARDING SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S
ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (COSTA
CLEMENTE APARTMENTS), SERIES 2007; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the Southeast Texas Housing Finance Corporation (the "Corporation") proposes to
issue bonds in an aggregate principal amount not to exceed $15,000,000 for its Multifamily Housing
Bond Program (the"Program"); 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
notes, 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 l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor to execute the General and No Litigation Certificate of Local Governmental Unit
relating to the Southeast Texas Housing Finance Corporation's issuance of Multifamily Housing
Revenue Bonds (Costa Clemente Apartments), Series 2007. Said certificate is attached hereto as
Exhibit"A" and incorporated herein 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 f the City Council of the City of
Baytown this the 10's day of May, 2007.
STE EN H. DONCARLOS, Mayor
ST:
LOP RI COO City Clerk
APPROVED AS TO FORM:
dn&ACIO RAMIREZ, SR., Cib A torney
R:\Karen\Riles\City Council\Resolutions\2007\May 10\STHFCMultilamilyHousingRevenueBondsSenes2007.doc
GENERAL AND NO LITIGATION CERTIFICATE OF THE CITY OF BAYTOWN
We hereby certify that we are duly elected or appointed and acting officers of the City of
Baytown, Texas (the "Local Governmental Unit"). We 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 bonds entitled "The Southeast Texas Housing Finance Corporation
Multifamily Housing Revenue Bonds (Costa Clemente Apartments) Series 2O07" issued in or
more series in an aggregate principal amount not to exceed $15,000,000 (the "Bonds").
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 all amendments thereto).
3. The Local Governmental Unit has appointed Daniel Sandoval to act as a member of
the board of directors of the Corporation. That individual is a resident of a city or county which
is a member of the Corporation.
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, the proceeds of which are to be used to make
home mortgage 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.
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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.
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EXECUTED AND DELIVERED AS OF THE DATE SET FORTH BELOW.
CITY OF BA r u WN, TEXAS
By
By �
ity Clerk
[li)ePTTPY
DO NOT DATE THIS PAGE
Date of this
Certificate:
ephen H. DonCarl s