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Ord 2010-063-1
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Ord 2010-063-1
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of the security interest in said pledge, the City agrees to take such measures as it determines are <br />reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, <br />Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. <br />Section 25. INTERPRETATIONS. All terms defined herein and all pronouns used in this <br />Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and <br />headings of the articles and sections of this Ordinance have been inserted for convenience of reference <br />only and are not to be considered a part hereof and shall not in any way modify or restrict any of the <br />terms or provisions hereof. This Ordinance and all the terms and provisions hereof shall be liberally <br />construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds and the <br />validity of the lien on and pledge to secure the payment of the Bonds. <br />Section 26. INCONSISTENT PROVISIONS. All ordinances, orders or resolutions, or <br />parts thereof, which are in conflict or inconsistent with any provisions of this Ordinance are hereby <br />repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain <br />controlling as to the matters contained herein. <br />Section 27. INTERESTED PARTIES. Nothing in this Ordinance expressed or implied is <br />intended or shall be construed to confer upon, or to give to, any person or entity, other than the City <br />and the Registered Owner of the Bonds, any right, remedy or claim under or by reason of this <br />Ordinance or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises <br />and agreements in this Ordinance contained by and on behalf of the City shall be for the sole and <br />exclusive benefit of the City and the Registered Owner of the Bonds. <br />Section 28. SEVERABILITY. The provisions of this Ordinance are severable; and in case <br />any one or more of the provisions of this Ordinance or the application thereof to any person or <br />circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or <br />circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of any <br />such invalid provision to persons or circumstances other than those as to which it is held invalid shall <br />not be affected thereby. <br />Section 29. FUNDS AND ACCOUNTS. Notwithstanding anything in this Ordinance to <br />the contrary any funds or accounts created by this Ordinance, other than the Escrow Funds, may be <br />subaccounts of the City's Funds held by the City's depository, and, as such, not held in separate bank <br />accounts, such treatment shall not constitute commingling of the monies in such funds or of funds and <br />the City shall keep full and complete records indicating the monies and investment credited to each <br />such fund. <br />Section 30. CREDIT AGREEMENT. To the extent permitted by law, the City reserves <br />the right under Chapter 1371 of the Texas Government Code to enter into Credit Agreements in <br />connection with the Bonds, upon the written opinion of the City's Finance Director that such Credit <br />Agreements are in the best interest of the City given the market conditions at the time. The Credit <br />Agreements will constitute a Credit Agreement as defined in Chapter 1371 of the Texas Government <br />Code. Any such Credit Agreements must be reviewed and approved by the Attorney General of the <br />State of Texas. <br />San Marcos GORB 2010 - Delegated: Ordinance 34 <br />
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