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ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF~',THE CITY OF SAN MARCOS, TEXAS, AUTIIORIZING THE ISSUANCE AND SALE OF CITY OF SAN MARCOS, TEXAS, WATERWORKS AND WASTE WATER SYSTEM REVENUE BONDS, SERIES 2003; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAD JBONDS; PRESCRIBING THE FORM OF SAID BONDS; AWARDING THE SALE THEREOF; A:PPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY WHEREAS, Tex. Gov't Code Alln. ch. 1502 provides that the governing body ofa ~nunicipality may issue public securities for the purposes hereinafter provided, and the City Council (the "City Coun6il") of the City of San Marcos, Texas (the "City") finds and determines that it is necessary, useful and appropriate for the City's public purposes to authorize and provide for the issuance and sale of revenue bonds of the City for such purposes, as hereinafter provided; and WHEREAS, it is officially found, determined and declared that the meeting at which this Ordinance has been adopted was open to the public, and public notice of the date, hour, place and subject of said meeting, including this Ordinance, was given, all as required by the applicable provisions ofTex. Gov't Code Ann. ch. 551; Now, Therefore Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise, in this Ordinance the following terms shall have the meanings specified below: "Additional Parity Obligations" means those obligations the City reserves the right to issue on a parity with the Bonds, herein authorized in accordance with the terms and conditions prescribed in Section 9.01 hereof. "Bond" means any of the Bonds. "Bonds" means the City's bonds entitled "City of San Marcos, Texas, Waterworks and Waste Water System Revenue Bonds, Series 2003" authorized to be issued by Section 3.01 of this Ordinance. "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 relating thereto. "Designated Payment/Transfer Office" means (i) with respect to the initial Paying Agent/Registrar named herein, its corporate trust office in Dallas, Texas, and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the City and such successor. R:\San Marcos\WWSS,03\Docs\Ordinance\WS Ord Final.wpd