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WHEREAS, Chapter 1207, Texas Government Code, as amended ( "Chapter 1207 ") <br />authorizes the City to issue refunding bonds and to deposit the proceeds from the sale thereof <br />together with any other available funds or resources, directly with a place of payment (paying agent) <br />for the Refunded Obligations or with a trust company or commercial bank that does not act as <br />depository for the City, and such deposit, if made before such payment dates, shall constitute the <br />making of firm banking and financial arrangements for the discharge and final payment of the <br />Refunded Obligations; and <br />WHEREAS, Chapter 1207 further authorizes the City to enter into an escrow agreement <br />with a paying agent for the Refunded Obligations or with a trust company or commercial bank that <br />does not act as depository for the City with respect to the safekeeping, investment, reinvestment, <br />administration and disposition of any such deposit, upon such terms and conditions as the City and <br />such escrow agent may agree, provided that such deposits may be invested and reinvested in <br />Defeasance Securities, as defined herein; and <br />WHEREAS, the Escrow Agreement hereinafter authorized, constitutes an agreement of the <br />kind authorized and permitted by said Chapter 1207; and <br />WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to <br />maturity within 20 years of the date of the bonds hereinafter authorized: and <br />WHEREAS, the Bonds authorized by this Ordinance are being issued and delivered pursuant <br />to the City Charter and Chapter 1207 of the Texas Government Code, as amended, and other <br />applicable laws: and <br />WHEREAS, it is hereby officially found and determined that the meeting at which this <br />Ordinance was passed was open to the public, and public notice of the time, place and purpose of the <br />meeting was given, all as required by Chapter 551, Texas Government Code. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SAN <br />MARCOS, TEXAS: <br />Section 1. RECITALS. The recitals set forth in the preamble hereof are incorporated <br />herein and shall have the same force and effect as if set forth in this Section. <br />Section 2. DEFINITIONS. For all purposes of this Ordinance, except as otherwise <br />expressly provided or unless the context otherwise requires, the terms defined in Exhibit "A" to this <br />Ordinance have the meanings assigned to them in Exhibit "A ". <br />San Marcos GORB 2010 - Delegated: Ordinance 2 <br />