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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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Ordinances
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2019-03
Date
1/29/2019
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and interest on annual installments and on delinquent annual installments of the Additional <br />Assessment; and <br />WHEREAS, at the December 4, 2018 public hearing referenced above, there were no <br />written objections or evidence submitted to the City Cleric in opposition to the Service and <br />Assessment Plan, the allocation of Actual Costs, the Assessment Roll, or the levy of the <br />Additional Assessments; and <br />WHEREAS, the City Council closed the hearing at its meeting on December 12, 2018 <br />and, after considering all written and documentary evidence presented at the hearing, including <br />all written comments and statements filed with the City, at the meeting held on December 12, <br />2018, approved and accepted the Service and Assessment Plan in conformity with the <br />requirements of the PID Act and adopted the amended and restated Additional Assessment <br />Ordinance, which approved the Assessment Roll and levied the Additional Assessments; and <br />WHEREAS, the Initial Assessments and Additional Assessments are collectively referred <br />to herein as the "Assessments"; and <br />WHEREAS, the City Council is authorized by the PID Act to issue its revenue bonds <br />payable from the Assessments for the purpose of (i) paying the Actual Costs, (ii) funding a <br />reserve fund for payment of principal and interest on the Bonds and (iii) for funding other funds <br />as provided in Section 6.2; and <br />WHEREAS, the City Council now desires to issue its revenue bonds, in accordance with <br />the PID Act, such bonds to be entitled "City of San Marcos, Texas, Special Assessment Revenue <br />Bonds, Series 2019 (Trace Public Improvement District)" (the "Bonds"), such Bonds being <br />payable solely from the Assessments and other funds pledged under this Indenture to the <br />payment of the Bonds and for the purposes set forth in this preamble; and <br />WHEREAS, the Trustee has agreed to accept the trusts herein created upon the terms set <br />forth in this Indenture; <br />NOW, THEREFORE, the City, in consideration of the foregoing premises and <br />acceptance by the Trustee of the trusts herein created, of the purchase and acceptance of the <br />Bonds by the Owners thereof, and of other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, does hereby GRANT, CONVEY, PLEDGE, <br />TRANSFER, ASSIGN, and DELIVER to the Trustee for the benefit of the Owners, a security <br />interest in all of the moneys, rights and properties described in the Granting Clauses hereof, as <br />follows (collectively, the "Trust Estate"): <br />FIRST GRANTING CLAUSE <br />The Pledged Revenues, as herein defined, including all moneys and investments held in <br />the Pledged Funds, including any contract or any evidence of indebtedness related thereto or <br />other rights of the City to receive any of such moneys or investments, whether now existing or <br />hereafter coming into existence, and whether now or hereafter acquired; and <br />4 <br />
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