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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"Bond Year" means the one-year period beginning on October 1 in each year and ending on September 30 in the following year. "Bonds" means the City's bonds authorized to be issued by Section 3.1 of this Indenture entitled "City of San Marcos, Texas, Special Assessment Revenue Bonds, Series 2019 (Trace Public Improvement District)." "Bonds Similarly Secured" means, collectively, any Outstanding Bonds, Additional Bonds and Refunding Bonds. "Business Day" means any day other than a Saturday, Sunday or legal holiday in the State observed as such by the City or the Trustee or any national holiday observed by the Trustee. "Certification for Payment" means a certificate given pursuant to the Reimbursement Agreement executed by an engineer, construction manager or other person or entity acceptable to the City, as evidenced by the written approval of a City Representative, specifying the amount of work performed and the cost thereof, presented to the Trustee to request funding for Actual Costs from money on deposit in the Project Fund. The Form of Certification for Payment is attached hereto as Exhibit B. "City Certificate" means a certificate signed by the City Representative and delivered to the Trustee. "City Representative" means that official or agent of the City authorized by the City Council to undertake the action referenced herein as evidenced by a written incumbency certificate provided to the Trustee. Such certificate may designate alternates, each of whom shall be entitled to perform all duties of the City Representative. "Closing Date" means the date of the initial delivery of and payment for the Bonds. "Code" means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings and court decisions. "Commercial Assessment Prepayment" means the anticipated prepayment by the Developer in the aggregate amount of $2,600,000 for Assessments levied against the business park and retail parcels in the District, as further described in the Service and Assessment Plan. If the Commercial Assessment Prepayment is not made prior to the earlier of the issuance of any Additional Bonds or August 31, 2022, then the Assessments will be reduced by $2,600,000, allocated to each Parcel pro rata based on the amount of outstanding Assessment levied against each Parcel. "Comptroller" means the Comptroller of Public Accounts of the State. "Defeasance Securities" means Investment Securities then authorized by applicable law for the investment of funds to defease public securities. 0