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CC Resolution No. 919 1656 RESOLUTION NO. 919 RESOLUTION APPROVING RESOLUTION OF BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION CONCERNING ISSUANCE OF BONDS TO FINANCE A PROJECT FOR RANDALL'S CENTER/BAYTOWN THE STATE OF TEXAS § § COUNTY OF HARRIS § WHEREAS, the board of directors (the "Board") of the Baytown Industrial Development Corporation has, by a Resolution Concerning Issuance of Bonds to Finance a Project for Randall's Center/Baytown, adopted July 25, 1985 (the "Resolution") , agreed and declared its intent to issue its limited obligation revenue bonds pursuant to the terms of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act") and such other statutes as may provide authority therefor, to finance the costs of the project and in the amount set forth in the Resolution for the benefit of Randall's Center/Baytown, a Texas joint venture; and WHEREAS, the City Council of the City of Baytown, Texas, finds and declares that the action of the Board approving the Resolution should be approved and is in the best interests of the inhabitants of the City of Baytown, Texas, for the reasons therein set forth; NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, THAT: Section 1: The Resolution, as adopted by the board, agreeing and declaring an intent to issue limited obligation revenue bonds for the purposes and in the amount set forth in the Resolution is hereby approved. Section 2: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and Section 103 of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder. 0785032 WP0494 16'57 INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of July, 1985. TTO, Mayor ATTEST: EtL__<��L Cit Jerk Y APPROVED: CMa-CLNG, City ttorney 1653 CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION OF THE BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION CONCERNING ISSUANCE OF BONDS TO FINANCE A PROJECT FOR RANDALL'S CENTER/BAYTOWN I, the undersigned Mayor of the City of Baytown, Harris County, Texas (the "Unit") , hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at Baytown, Texas on July 25, 1985, (the "Meeting") , at the designated meeting place, and the roll was called of the duly constituted members of the City Council, to-wit: Emmett Hutto Mayor Perry Simmons Council Member Roy Fuller Council Member Fred Phillips Council Member Jimmy Johnson Council Member Gerald Dickens Council Member Ron Embry Council Member All of such persons were present, except the following absentees: Emmett ?Hutto , thus constituting a quorum. Whereupon a written: RESOLUTION APPROVING RESOLUTION OF BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION CONCERNING ISSUANCE OF BONDS TO FINANCE A PROJECT FOR RANDALL'S CENTER/BAYTOWN (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: AYES: 5 NOES: 1 2. A true, full and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Court; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such 1659 members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended.(' 1 n SIGNED AND SEALED this �/ day of 1985. ✓/// \�7 By: or -2- 1656 DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY OF (Governing Body) (Public Entity) THAT * (Name of Incumbent) (Official Position) OR Governor's Authorized Representative, * (Name of Incumbent) is hereby authorized to execute for and in behalf of a public entity established under the laws of the State of ,is application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT a public entity established under the laws of the State of hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this day of_ 19 _. (Name and Title) (Name and Title) (Name and Title) CERTIFICATION L , duly appointed and of (Title) , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the of (Governing Body) (Public Entity) on the day of 19_ . Date: (Official Position) (Signature) Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any cumbent of the designated official position to represent it. FEMA Form 9o-63,MAR 81 i 1657 I DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY the City Council OF the City of Baytown (Governing Body) (Public Entity) THAT Norman Dykes Director of Public Works/City Engineer * (Name of Incumbent) (Official Position) OR , Governor's Authorized Representative, * (Name of Incumbent) is hereby authorized to execute for and in behalf of the City of Baytown , a public entity established under the laws of the State of Texas ,ais application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT the City of Baytown a public entity established under the laws of the State of Texas , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 11 day of Jul y 19 BFL. Emmett O Hutto Mayor (Name and Title) R nd 11 R Strong sty Attorney (Name and Title) Eileen P. Hall , City Clerk (Name and Title) CERTIFICATION I, Eileen P. Hall duly appointed and City Clerk of (Title) Baytown Texas do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of Baytown (Governing Body) (Public Entity) on the 11 day of ju 1 y 19 85 . Date: July 12 , 1995 City Clerk � J ' �— (Official Position) (Signature) "Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any .cumbent of the designated official position to represent it. FEMA Form 9663,MAR 81 APPLICANT ASSURANCES The Applicant h urts and certifies that he will comply with the FEMA regulations, policies,guidel1"11)nd requirements including OMB's Circulars :95 and A-102,and FMC 74.4,as they relate to the application,acceptance and use, J-deral funds for this Federally- assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that: I. It possesses legal authority to apply for the grant,and to finance 15. It will comply with the provisions of the Hatch Act which limit and construct the proposed facilities;that a resolution,motion or the political activity of employees. similar action has been duly adopted or passed as an official act of the applicant's governing Lindy, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours application, including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act,as they apply to therein, and directing and authorizing the person identified as the hospital and educational institution employees of State and official representative of the applicant to act in connection with local government& the application and to provide such additional information as may be required. 17. (To the best of his knowledge and belief)the disaster relief work 2. It will comply with the described on each Federal Emergency Management Agency p y provisions of: Executive Order 11988. (FEMA) Project Application for which Federal Financial as- relating to Floodptain Management and Executive Order 11990. sistance is requested is eligible in accordance with the criteria relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205, and 3. It will have sufficient funds available to meet the non-Federal applicable FEMA Handbooks. share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for be available when construction is completed to assure effective which Federal Assistance is requested hereunder does not or operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from constructed. another source. 4. It will not enter into a construction contract(s)for the project or 19. It will (1) provide without cost to the United States all lands, undertake other activities until the conditions of the grant pro• easements and rights-of-way necessary for accomplishment of the gram(s)have been met. approved work; (2) hold and save the United States free from 5. It will provide and maintain competent and adequate architectur damages due to the approved work or Federal funding. • a) engineering supervision and inspection at the construction site 20. This assurance is given in consideration of and for the purpose of to insure that the completed work conforms with the approved obtaining any and all Federal grants, loans, reimbursements, ad- plans and specifications. that it will furnish progress reports and vances, contracts, property, discounts of other Federal financial such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by FEMA. that such Federal Financial assistance will be extended in 6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as- minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek applicable Federal. State and local agencies for the maintenance judicial enforcement of this assurance. This assurance is binding and operation of such facilities. on the applicant, its successors,transferees,and assignees,and the person or persons whose signatures appear on the reverse as au• 7. It will give the grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the 21. It will comply with the flood insurance purchase requirements of grant. Section 102(a) of the Flood Disaster Protection Act of 1973, 8. It will require the facility to be designed to comply with the Public Law 93.234. 87 Stat. 975. approved December 31. 1973. "American Standard S Section 102(a)requires, on and after March 2. 1975, the purchase pecifications for Making Buildings and of flood insurance in communities where such insurance is Facilities Accessible to, and Usable by the Physically Handi- available as a condition for the receipt of any Federal financial capped," Number A117.1-1961, as modified (41 CFR 101.17• assistance for construction or acquisition purposes for use in any 7031). The applicant will be responsible for conducting in• area that has been identified by the Director, Federal Emergency spections to insure compliance with these specifications by Management Agency as an area having special flood hazards. The the contractor. phrase "Federal financial assistance" includes any form of loan, 9. It will cause work on the 'grant, guaranty, insurance payment, rebate, subsidy, disaster project to be commenced within a assistance loan or grant, or any other form of direct or indirect reasonable time after receipt of notification from the approving Federal assistance. Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with 22. It will comply with the insurance requirements of Section 314. reasonable diligence. PL 93.288. to obtain and maintain any other insurance as may be loss 10. it will not dispose of or encumber its title or other interests in to any property which was rate, and ep) ca necessary to restored,rotect g e�pairednst torrcon- the site and facilities during the period of Federal interest or strutted with this assistance. while the Government holds bonds, whichever is the longer. 23. It will defer funding of any projects involving flexible funding 11. It agrees to comply with Section 311, P.L. 93.288 and with until FEMA makes a favorable environmental clearance, if this Title VI of the Civil Rights Act of 1964 (P.L. 83.352) and in is required. accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be 24. It will assist the Federal grantor agency in its compliance with excluded from participation in, be denied the benefits of, or be Section 106 of the rational Historic Preservation Act of 1966, otherwise subjected to discrimination under an as amended, (16 U.S.0 470). Executive Order 11593, and the activity for which the applicant receives Federal financial as. Archeological and Historic Preservation Act of 19G6 (16 U.S.C. sistance and will immediately take any measures necessary to 469a-1 et seq.) by (a) consulting with the State Historic Preser- effectuate this agreement. If any real property or structure is vation Officer on the conduct of investigations, as necessary, provided or improved with the aid of Federal financial assist• to identify properties listed in or eligible for inclusion in the ante extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse Applicant, or in the case of any transfer of such property, any effects (see 36 CFR Part 800.8) by the activity, and notifying transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by assistance is extended or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects provision of similar services or benefits. upon such properties. 12. It will establish safeguards to prohibit employees from using 25. Il will, for any repairs or construction financed herewith, comply their positions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation and being motivated by a desire for private gain for themselves or in conformity with applicable codes, specifications and stan- others, particularly those with whom they have family, business, dards; and, will evaluate the natural hazards in areas in which or other ties. the proceeds of the grant or loan are to be used and take ap- propriate action to mitigate such hazards, including safe land 13. It will comply with the requirements of Title II and Title III of use and construction practices. the Uniform Relocation Assistance and Real Property Acqui• sitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of. persons displaced as a result of Federal and Federally-assisted programs. STATE ASSURANCES 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program The State agrees to take any necessary action within State capabilities requirements, and other administrative requirements approved in to require compliance with these assurances and agreements accordance with OMB Circular A•102, P.L. 93.288 as amended, applicant or to assume responsibility to the Federal government for411) and applicable Federal Regulations. any deficiencies not resolved to the satisfaction of the Regional Director.