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ORDINANCE NO. 2009-37 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN MARCOS, TEXAS, TAX <br />AND REVENUE REFUNDING BONDS, SERIES 2009; PROVIDING FOR THE SECURITY <br />FOR AND PAYMENT OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; <br />AWARDING THE SALE THEREOF; APPROVING THE OFFICIAL STATEMENT AND <br />A BOND PURCHASE AGREEMENT; AND ENACTING OTHER PROVISIONS <br />RELATING TO THE SUBJECT <br />WHEREAS, the City has duly issued and there is now outstanding several series of <br />obligations payable from the City's Water and Waste Water System, including the following: <br />City of San Marcos, Texas Waterworks and Sewer System Revenue Bonds, Series 1996-B <br />(the "Series 1996-B Bonds); and <br />City of San Marcos, Texas Waterworks and Waste Water System Revenue Bonds, Series <br />1999 (the "Series 1999 Bonds"), and <br />City of San Marcos, Texas Waterworks and Waste Water System Revenue Bonds, Series <br />2000 (the "Series 2000 Bonds"). <br />WHEREAS, the City now desires to issue refunding bonds to refund all of the outstanding <br />Series 1996-B Bonds, Series 1999 Bonds and Series 2000 Bonds that are subject to redemption (the <br />"Refunded Obligations"); and <br />WHEREAS, the City Council ofthe City deems it advisable and in the best interest of the City <br />to refund the Refunded Obligations in order to achieve a gross present value savings of $877,884.37 <br />and a net present value savings of $667,143.75 (5.455% of the Refunded Obligations); and <br />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, and such deposit, if made before such payment dates, shall constitute <br />the 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 agreement with a <br />paying agent for the Refunded Obligations or a trust company or commercial bank that does not act <br />as a depository for the City with respect to the safekeeping, investment, reinvestment, administration <br />and disposition of any such deposit, upon such terms and conditions as the City and such paying agent <br />may agree, provided that such deposits may be invested and reinvested in Defeasance Securities, as <br />defined herein; and <br />San Marcos Tax & Rev Rfdg 2009: Ordinance