R-83-504 - 2/24/1983THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
CERTIFICATE OF RESOLUTION
I, the undersigned officer of the City of Round Rock,
Texas (the "City "), do hereby certify as follows:
1. That I am the duly chosen, qualified and acting
officer of the City for the office shown below my signature;
that as such I am familiar with the facts herein certified;
and that I am executing and delivering this certificate for
the benefit of all persons interested in the proceediings and
actions of the City Council of the City (the "Governing
Body ").
2. The Governing Body of the City convened in Regular
Session on February 24, 1983, and the roll was called of the
duly constituted memebers of said Board and all of said
persons were present, except the following:
, thus constituting a quorum. Whereupon among
other business, the following was transacted at said meeting:
a written
RESOLUTION APPROVING THE CREATION OF ROUND ROCK
HOUSING FINANCE CORPORATION; APPROVING THE ARTICLES
OF INCORPORATION THEREOF; APPOINTING THE INITIAL
BOARD OF DIRECTORS THEREOF; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT
was introduced for the consideration of said Board. It was
then duly moved and seconded that said Resolution be adopted
and, after due discussion, said motion, carrying with it the
adoption of said Resolution, prevailed and carried by a
unanimous vote.
3. The attached and following is a true, correct and
complete copy of said Resolution; the original of said Resolu-
tion is on file in the official records of the City; and said
Resolution has not been amended and is in full force and
effect.
4. Written notice of the date, hour, place and subject
of the meeting of the Governing Body described in the excerpt
from the minutes was posted for at least seventy -two (72)
hours preceding the convening of such meeting on a bulletin
board located at a place convenient to the public in the City
Hall of the City; such place of posting was readily
accessible to the general public at all times from such time
of posting until the convening of such meeting; and such
meeting was open to the public as required by law at all
times during which the Resolution and the subject matter
thereof was discussed, considered and formally acted upon,
all as required by the Open Meetings Law, Article 6252 -17,
Vernon's Annotated Texas Civil Statutes, as amended.
WITNESS MY AND THE OFFICIAL SEAL OF THE CITY this
r N day of i !/ lmi,�lrn.�� , 1983. -
JYJNNE LAND, City Secretary
(SEAL)
JD 4
RESOLUTION APPROVING THE CREATION OF ROUND ROCK
HOUSING FINANCE CORPORATION; APPROVING THE ARTICLES
OF INCORPORATION THEREOF AND APPOINTING THE INITIAL
DIRECTORS THEREOF; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT
WHEREAS, the Texas Housing Finance Corporations Act,
Article 12691 -7, Vernon's Annotated Texas Civil Statutes, as
amended (the "Act "), authorizes the creation and organization
of public non - profit housing finance corporations to act as
duly constituted authorities of cities to provide a means of
financing the costs of residential ownership and development
that will provide decent, safe and sanitary housing for
persons of low and moderate income at prices they can afford;
and
WHEREAS, the Act authorizes such public non - profit
housing finance corporations to issue revenue obligations and
to utilize the proceeds from the sale of such obligations to
make or acquire mortgage loans on homes owned and occupied by
persons of low and moderate income, and to provide financing
for residential developments intended to be occupied substan-
tially (at least 90 percent) by persons of low and moderate
income; and
WHEREAS, the Act further authorizes cities to create and
utilize such public non - profit housing finance corporations
to accomplish such public purposes; and
WHEREAS, three (3) persons, each of whom is at least
eighteen (18) years of age, a citizen of the State of Texas
and a resident of the City of Round Rock, Texas (the "City "),
have filed with the City Council (the "Governing Body ") of
the City a written application pursuant to the Act (the
"Application ") requesting that the Governing Body of the City
approve the creation of a public non - profit corporation under
the Act to be designated and known as Round Rock Housing
Finance Corporation (the "Corporation "); that the Governing
Body of the City approve the proposed Articles of Incorpora-
tion of the Corporation; and that the Governing Body of the
City appoint certain persons as members of the initial Board
of Directors of the Corporation; and
WHEREAS, in order to promote and carry out the public
purposes set forth in the Act, the Governing Body of the City
has determined to grant the requests contained in the Applica-
tion by approving the creation of the Corporation and by
taking certain related actions set forth more fully herein-
after;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF ROUND ROCK, TEXAS:
Section 1. That the Governing Body of the City hereby
finds, determines, recites and declares that it is wise,
expedient, necessary and advisable that the Corporation be
formed, that the creation and organization of the Corporation
under the Act as a duly constituted authority of the City is
hereby approved and that the Corporation is hereby authorized
to act on behalf of the City for the limited and purely
public purposes of financing the costs of residential owner-
ship and development that will provide decent, safe and
sanitary housing for persons of low and moderate income in
the City at prices they can afford.
Section 2. That the Governing Body of the City hereby
approves the Articles of Incorporation of the Corporation in
substantially the form attached hereto as Exhibit "A ", and
authorizes the incorporators of the Corporation to file such
Articles of Incorporation with the Secretary of State of the
State of Texas in the manner provided in the Act.
Section 3. That the Governing Bo of the City hereby
appoi is 4,41 //LCY�gJ gyp(_,
oa i Pair idwudaa ' , and
j?pQ, , (each of whom is at least eighteen
(18) years of age, a citizen of the State of Texas and a
resident of the City) to serve as the members of the initial
Board of Directors of the Corporation.
Section 4. That the Governing Body of the City hereby
finds, determines, recites and declares that the creation and
organization of the Corporation will serve a valid public
purpose by assisting persons of low and moderate income in
the City to obtain decent, safe and sanitary housing, thereby
helping to eliminate slums and blighted areas, to relieve
unemployment and depressed economic conditions in the residen-
tial construction industry, to expand the tax base of the
State of Texas, the City and other political subdivisions,
and to reduce public expenditures for crime prevention and
control, public health, welfare and safety and for other
public purposes.
Section 5. That the Governing Body of the City hereby
finds, determines, recites and declares that, notwithstanding
that the Corporation shall be a duly constituted authority of
the City, it is not intended to be nor shall it ever be
deemed to be a political subdivision or municipal or poli-
tical corporation of the State of Texas within the meaning of
any Constitutional or statutory provision, including without
limitation, Article III, Section 52 and Article XI, Section 3
of the Texas Constitution.
Section 6. That the Governing Body of the City hereby
finds, determines, recites and declares that the obligations
of the Corporation shall not be deemed an indebtedness,
liability, general, special or moral obligation or pledge or
loan of the faith or credit or taxing power of the State of
Texas, the City or any other political subdivision or govern-
mental unit, nor shall such obligations constitute an
indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction, or an agreement,
obligation or indebtedness of the City or the State of Texas
within the meaning of any constitutional or statutory
provision whatsoever.
Section 7. That the Governing Body of the City hereby
finds, determines, recites and declares that it is the
purpose, intent and desire of the City in approving the
creation of the Corporation and its Articles of Incorpora-
tion, that such actions comply with the requirements of the
Internal Revenue Code of 1954, as amended, and the Treasury
Regulations and Internal Revenue Service rulings promulgated
thereunder, including, without limitation, Section 1.103 -1 of
the Treasury Regulations and the Regulations issued pursuant
thereto, to the end that the Corporation shall be deemed to
be a constituted authority acting on behalf of the City
pursuant to the Act and that any bonds or notes issued by the
Corporation shall be considered issued on behalf of the City
by a duly constituted authority of the City empowered to
issue such bonds or notes.
Section 8. That the Governing Body of the City has
considered evidence of the posting of notice of this meeting
and officially finds, determines, recites and declares that a
sufficient written notice of the date, place, and hour of
this meeting and of the subject of this resolution was posted
for at least seventy -two (72) hours before this meeting was
convened; that such notice was posted on a bulletin board
located at a place convenient to the general public in the
City Hall of the City; that such place was readily accessible
to the general public at all times from the time of each such
posting until this meeting was convened; and that this
meeting has been open to the public at all times during which
this resolution and the subject matter thereof has been
discussed, considered and formally acted upon; all as
required by the Open Meetings Law, Article 6252 -17, Vernon's
Annotated Texas Civil Statutes, as amended. The Governing
Body of the City further ratifies, approves and confirms such
written notice and the contents and posting thereof.
ATTEST:
J
(SEAL)
PASSED AND APPROVED this
0
NNE LAND, Ci y Secretary
LA L. TONN M.
City of Round Rock
THE STATE OF TEXAS
APPLICATION FOR APPROVAL OF THE CREATION OF
ROUND ROCK HOUSING FINANCE CORPORATION
COUNTY OF WILLIAMSON
TO THE CITY COUNCIL OF ROUND ROCK, TEXAS:
The undersigned (herein, the "Applicants "), acting pur-
suant to the provisions of Section 4 of the Texas Housing
Finance Corporations Act, Article 12691 -7, Vernon's Annotated
Texas Civil Statutes, as amended (the "Act "), do hereby
respectfully request the City Council (the "Governing Body ")
of Round Rock, Texas (the "City "), to approve and authorize
the creation of a public non - profit corporation under the Act
to be known as Round Rock Housing Finance Corporation (the
"Corporation "). In support of such request, the Applicants do
hereby declare and represent as follows:
(1) That each of the Applicants is at least eighteen
(18) years of age, a citizen of the State of Texas and a
resident of the City;
(2) That the Corporation will be organized and operated
solely for the public purpose of providing financing for
residential ownership and development that will provide
decent, safe and sanitary housing for persons of low and
moderate income; and
(3) That the Corporation shall have and possess all
powers conferred by the laws of the State of Texas on public
non - profit corporations created under the Act.
The Applicants hereby further request the Governing Body
of the City to approve the articles of incorporation of the
Corporation in substantially the form attached hereto as
Exhibit "A" (the "Articles of Incorporation ").
The Applicants hereb further request the Governing Body
4 4.44 i`-
of the City to appoint
, and m , A7 as the members of the
initial Board of Directors of the Corporation.
WHEREFORE, the Applicants pray that this Application be
properly filed with the Governing Body of the City; that the
Governing Body of the City, by appropriate resolution duly
adopted, find and determine that it is wise, expedient,
necessary and advisable that the Corporation be formed; that
the Governing Body of the City approve the Articles of
Incorporation; and that the Governing Body of the City
appoint the above -named persons as the members of the initial
Board of Directors of the Corporation; all under and in
accordance with the provisions of the Act.
IN W TNESS WHEREOF, we have executed this Application on
this 039 day of f , 1983.
STATE OF TEXAS
COUNTY OF WILLIAMSON
1, T Mc1LLMs , a Notary Public, do hereby
certify that on this 24/ day of fabrK.ar� , 1983,
g■ckard R. Wells personally appeared before me, who being by
me first duly sworn, declared that he or she is the person
who signed the foregoing document as an incorporator, and
that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
STATE OF TEXAS
COUNTY OF WILLIAMSON
ctioiry/
Notg[ry Public in and for the
State of Texas
My commission expires: fj a4 /8S
1, V ane. AlcadQn,s , a Notary Public, do hereby
certify that on this a41.1 day of Febriary , 1983,
# G. Woe /f, Sr. personally appeared before me, who being by
me first duly sworn, declared that he or she is the person
who signed the foregoing document as an incorporator, and
that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
72Z re add4wai
Notary Public in and for the
State of Texas
My commission expires: 0./AS
STATE OF TEXAS
COUNTY OF WILLIAMSON
1, 3 fn.AAams , a Notary Public, do hereby
certify that on this ay +l, day of Fe br wary , 1983,
Sn 1,n W. {food personally appeared before me, who being by
me first duly sworn, declared that he or she is the person
who signed the foregoing document as an incorporator, and
that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
State
of Texas
Notary Public in and for the
My commission expires: ./‘.L/PS