Ord 2023-041 authorizing the issuance and sale of an amount not to exceed $4,060,000.00 of Combination Tax and Surplus Revenue Certificates of Obligation

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WHEREAS,there are presently outstanding Waterworks & Wastewater System Revenue Bonds, Series 2015, Waterworks & Wastewater System Revenue Bonds, Series 2017A and Waterworks &Wastewater System Revenue Bonds, Series 2017B (collectively,the "Outstanding Revenue Obligations", and collectively with the Outstanding Tax Obligations, the "Outstanding Obligations"); WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time,place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, it is considered to be in the best interest of the City that the interest bearing Certificates of Obligation be issued. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the Issuer's Certificates of Obligation, to be designated the "City of San Marcos, Texas Combination Tax and Surplus Revenues Certificates of Obligation, Series 2023A" (the "Certificates"), are hereby authorized to be issued and delivered in the principal amount of $4,060,000, for the purpose of paying contractual obligations incurred in connection with: (1) planning,acquisition,design and construction of certain drainage and flood control improvements; and (2) the payment of professional services in connection therewith including legal, fiscal and engineering fees and the costs of issuing the certificates of obligation and other matters related thereto. The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates of Obligation issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That the Certificates shall initially be issued, sold and delivered hereunder as one fully registered certificate, without interest coupons, dated 2023, in the principal amount stated above, numbered T-1, with certificates issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-I upward, payable to the respective registered owners thereof(with the initial certificate being made payable to the initial purchaser as described in Section 18 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof(in each case,the "Registered Owner"),and said certificates shall mature and be payable serially on August 15 in each of the years and in the principal amounts as follows: 2 SAN MARCOS(TWDB)CTRCO 2023&2023A:Ordinance($4,060000)