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<br /> <br />Legal Department <br /> <br />October 17, 2008 <br /> <br />Wells Fargo Financial Leasing, Inc. <br />400 Locust Street, suite 500 <br />Des Moines, Iowa 50309 <br /> <br />Re: Equipment Lease Agreement No. 573410, dated October 17, 2007 <br /> <br />Ladies and Gentlemen: <br /> <br />As counsel for the City of San Marcos ("Lessee"), I have examined that certain Equipment Lease <br />Agreement No. 573410 duly executed by Lessee and dated October 17, 2007 (the "Lease"), <br />between Lessee and Wells Fargo Financial Leasing, Inc. as Lessor, and the proceedings taken by <br />the San Marcos City Council to authorize on behalf of the Lessee the execution and delivery of <br />the Lease. Based upon the foregoing examination and upon an examination of such other <br />documents and matters of law as I have deemed necessary or appropriate, I am of the opinion <br />that: <br /> <br />1. Lessee is a public body corporate and politic, duly organized and existing under the laws <br />of the State of Texas or has a substantial amount of one of the followmg sovereIgn powers (a) the <br />power to tax, (b) the power of eminent domain, or (c) police power. <br /> <br />2, Lessee has the requisite power and authority to lease and acquire the Equipment with an <br />optIOn to purchase and to execute and deliver the Lease and to perform Its obligations under the <br />Lease, <br /> <br />3, The Lease has been duly authorized, executed and delivered by Lessee and the Lease <br />constitutes a legal, valid, and binding obligation of Lessee, enforceable against Lessee m <br />accordance with its terms, subject to any applicable bankruptcy, insolvency, moratorium, or other <br />laws or equitable principles affecting the enforcement of credItors' rights generally. <br /> <br />4. The authorization, approval, execution and delIvery of the Lease and all other <br />proceedmgs of Lessee's governmg body relating to the transactions contemplated by the Lease <br />have been performed in accordance WIth all open meeting laws, public bidding laws and all other <br />applIcable state laws and all actions, approvals, authorizatIOns and consents necessary to <br />authorize Lessee's execution, delivery and performance of the Lease have occurred or been <br />obtained. <br /> <br />5. No litigation or proceeding is pending or, to the best of my knowledge, threatened to <br />restrain or enjoin the execution, delivery or performance by Lessee of the Lease or m any way to <br />contest the validity of the Lease, to contest or question the creation or existence of Lessee or its <br />governing body or the authority or ability of Lessee to execute or delIver the Lease or to comply <br />with or perform its obligations thereunder. There is no lItIgation pending or to the best of my <br /> <br />City Hell] · 630 E.lst H()pkm~ · San Marcos, Texas 7H666 · S12/393-H150 · FAX SI2/393-39H3 <br />