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CC Resolution No. 1898 99 RESOLUTION NO. 1898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) FOR THE PURPOSE OF IMPLEMENTING THE PROJECT PLAN, AS AMENDED, BY THE BAYTOWN REDEVELOPMENT AUTHORITY ON BEHALF OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS; AND MAKING CERTAIN FINDINGS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.. WHEREAS, by Ordinances No. 9197 and 9275 and by Resolution No. 1516, the City Council of the City of Baytown, Texas (the "City") created the Reinvestment Zone Number One, City of Baytown, Texas ("Baytown Zone") in the City pursuant to Chapter 311 of the Texas Tax Code, as amended, and pursuant to a Preliminary Project Plan and Preliminary Reinvestment Zone Financing Plan, and appointed its Board of Directors ("TIRZ Ordinance"); and WHEREAS, by Ordinance No. 9275, the City Council of the City enlarged the Baytown Zone in the City pursuant to Chapter 311 of the Texas Tax Code, as amended, and pursuant to a Preliminary Project Plan and Preliminary Reinvestment Zone Financing Plan, and appointed its Board of Directors ("TIRZ Ordinance"); and WHEREAS, the Zone Board adopted a final Project Plan and Reinvestment Zone Financing Plan (the"Project Plan") and submitted the final Project Plan to the City Council of the City for approval; and WHEREAS, the City Council approved the final Project Plan by Ordinance No. 9290; and WHEREAS, the City authorized the creation of the Baytown Authority to aid, assist and act on behalf of the City in the performance of the City's governmental functions with respect to the common good and general welfare of Baytown and neighboring areas as described in the TIRZ Ordinance; and WHEREAS, the City, the Baytown Zone and the Baytown Authority have entered into that certain Agreement dated November 24, 2001, and approved as Ordinance No. 9271 (the `Baytown Agreement"), pursuant to which the City and the Baytown Zone contracted with the Baytown Authority to administer the Baytown Zone including, but not limited to, the power to engage in activities relating to the acquisition and development of land, to construct and improve infrastructure in Baytown, to enter into development agreements with developers/builders in Baytown, and to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Baytown Agreement upon the approval of the City Council of the City; and WHEREAS, to implement the Baytown Agreement, it is necessary that the Authority be authorized to issue tax increment revenue bonds; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTWON, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct and are adopted as part of this Resolution for all Purposes. 100 Section 2. That the Authority is hereby authorized to issue its tax increment revenue bonds in an amount not to exceed FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) in principal amount for the purpose of implementing the Project Plan, as amended. Section 3. The officers and employees of the City are hereby authorized and directed to execute such instruments and take such actions as are consistent with the provisions of the Resolution, and to assist the Authority in the issuance of the bonds above authorized. Section 4. If any provision, section, subsection, sentence, clause, or phase of this Resolution, or the application of same to any person or set of circumstances is for any reason to be held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Resolution shall not be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionally, voidness or invalidity of any other portion hereof, and all provisions of this Resolution are declared to be severable for that purpose. Section 6: 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, Texas, this the 19°i day of November, 2007. ST PH ONCARLOS, Mayor EST: LORRI Y, City Clerk TO F0RM: NACIO R EZ, SR., Ci Attorney R\Kuren,FilesVCity CouncilAResolutionsA2007ANovember 19ACityApprova10fr1RZBonds2007 doc 2 RESOLUTION RELATING TO ISSUANCE OF BONDS WHEREAS,Reinvestment Zone No.One,City of Baytown,Texas(the"Zone"),was created the City of Baytown,Texas (the"City")pursuant to Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, the Zone Board adopted a final Project Plan and Reinvestment Zone Financing Plan (the "Project and Financing Plan") and the City Council of the City approved the final Project and Financing Plan; and WHEREAS, the City created the Baytown Redevelopment Authority (the "Authority")to act on its behalf in the implementation of the Project and Financing Plan in connection with the Zone; and WHEREAS,the Authority's Board of Directors has determined that the Project and Financing Plan may best be implemented by the issuance of tax increment revenue bonds by the Authority; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN REDEVELOPMENT AUTHORITY THAT: Section 1: The facts recited in the preamble hereto are hereby found to be true and correct. Section 2: The Authority Board hereby finds that the Project and Financing Plan may be implemented most effectively by the issuance of its tax increment revenue bonds for the purpose of financing Zone improvements in accordance with such plan. Therefore, the Authority hereby requests that the City Council of the City of Baytown, Texas, authorize the issuance of such bonds by the Authority in an amount not to exceed in the aggregate$5,000,000. Section 3: The officers and consultants of the Authority are hereby authorized and directed to do any and all things reasonably necessary for the implementation of this resolution and to assist the City in the authorization of the issuance of the referenced bonds. PASSED and APPROVED Ndll.+Avr 6 , 2007. p Chairman, Board of Direc ATTEST: ..S>P fetary, Board of Directors 164519