Ord 2021-059/authorizing the issuance of Electric Utility Refunding Bond Series 2021

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Section 7.12. RULES OF INTERPRETATION. For purposes of this Second Supplement, except as otherwise expressly provided or the context otherwise requires: (a) The words "herein," "hereof' and "hereunder" and other similar words refer to this Second Supplement as a whole and not to any particular Article, Section, or other subdivision. (b) The definitions in an Article are applicable whether the terms defined are used in the singular or the plural. (c) All accounting terms that are not defined in this Second Supplement have the meanings assigned to them in accordance with then applicable accounting principles. (d) Any pronouns used in this Second Supplement include both the singular and the plural and cover both genders. (e) Any terms defined elsewhere in this Second Supplement have the meanings attributed to them where defined. (f) The captions or headings are for convenience only and in no way define, limit or describe the scope or intent, or control or affect the meaning or construction, of any provisions or sections hereof. (g) Any references to Section numbers are to Sections of this Second Supplement unless stated otherwise. Section 7.13. INDIVIDUALS NOT LIABLE. All covenants, stipulations, obligations, and agreements of the City contained in this Second Supplement shall be deemed to be covenants, stipulations, obligations, and agreements of the Financing Program, the Electric Utility System and the City to the full extent authorized or permitted by State law. No covenant, stipulation, obligation, or agreement herein contained shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council or agent or employee of the City in his or her individual capacity and neither the members of the City Council, nor any officer, employee, or agent of the City shall be liable personally on the Bonds when issued, or be subject to any personal liability or accountability by reason of the issuance thereof. Section 7.14. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby authorizes the disbursement of a fee equal to the lesser of (i) one-tenth of one percent of the principal amount of each series of the Bonds or (ii) $9,500, provided that such fee shall not be less than $750, to the Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State of Texas for the Attorney General's review and approval of public securities and credit agreements, as required by Section 1202.004 of the Texas Government Code. The Authorized Representative is hereby instructed to take the necessary measures to make this payment. The City is also authorized to reimburse the appropriate City funds for such payment from proceeds of the Bonds of each Series. 33 SanMARCOS\ELectricUliLSysRevBonds\2021: 211dSuppOrdimice