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ARTICLE VIII <br />CREATION OF FUNDS AND ACCOUNTS; <br />DEPOSIT OF PROCEEDS; INVESTMENTS <br />Section 8.01. Creation of Funds. <br />(a) The City hereby establishes the following special funds or accounts: <br />(i) the City of San Marcos, Texas, General Obligation Refunding Bonds, Series <br />2009, Interest and Sinking Fund (the "Interest and Sinking Fund"); and <br />(ii) the City of San Marcos, Texas, General Obligation Refunding Bonds, Series <br />2009, Escrow Fund (the "Escrow Fund"). <br />(b) The Interest and Sinking Fund shall be maintained at a depository bank of the City and <br />the Escrow Fund shall be maintained at The Bank of New York Mellon Trust Company, N.A. <br />pursuant to the terms of the Escrow Agreement. <br />Section 8.02. Interest and Sinking Fund. <br />(a) The taxes levied under Article II shall be deposited to the credit of the Interest and <br />Sinking Fund at such times and in such amounts as necessary for the timely payment of the principal <br />of and interest on the Bonds. <br />(b) Money on deposit in the Interest and Sinking Fund shall be used to pay the principal <br />of and interest on the Bonds as such become due and payable. <br />Section 8.03. Escrow Fund. <br />(a) Money on deposit in the Escrow Fund, including investment earnings thereof, shall <br />be used for the purpose of refunding the Refunded Obligations in accordance with the Escrow <br />Agreement. <br />(b) Any amounts remaining in the Escrow Fund after the accomplishment of the purposes <br />for which the Bonds are hereby issued, including investment earnings of the Escrow Fund, shall be <br />deposited into the Interest and Sinking Fund. <br />(c) The Bank of New York Mellon Trust Company, N. A. is hereby designated as the <br />Escrow Agent. The execution and delivery of the Escrow Agreement, specifying the duties and <br />responsibilities of the City and the Escrow Agent, is hereby approved with such changes as may be <br />approved by the Mayor of the City, and the Mayor and City Clerk of the City are hereby authorized <br />to execute such agreement. <br />San Marcos GORB 2009 Ordinance 23