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<br /> <br />L~gal Department <br /> <br />June 15', 2002 <br /> <br />Banc One Leasing Corporation <br />1111 Polaris Parkway, Suite A3 <br />Columbus, Ohio 43240 <br /> <br />Re: Municipal Lease-Purchase Agreement with the City of San Marcos, Texas <br /> <br />To whom it may concern: <br /> <br />I am the City Attorney of the City of San Marcos, Texas ("Lessee"), and in that capacity I have <br />examined duly executed originals of the Lease Schedule No. 1000113894 (the "Lease") to be <br />dated as of the date of funding, between Lessee and Banc One Leasing Corporation (the <br />"Lessor"). I have also examined the proceedings of the Lessee's City Council (the "Council") to <br />authorize and execute the Lease. Based upon such examination I am of the opinion that: <br /> <br />1. Lessee is a body corporate and politic, legally existing under the laws of the State of Texas. <br /> <br />2. The Lease has been duly authorized, executed and delivered by the Lessee. <br /> <br />3. Upon execution of the Lease by the Lessor, the Lease will be a legal, valid and binding <br />obligation of the Lessee, enforceable in accordance with its terms. <br /> <br />4. No litigation is pending, or to the best of my knowledge threatened, in any court in any way <br />(a) questioning or affecting the validity of the Lease (b) seeking to prohibit or restrain the <br />performance by the Council or the Lessee of the Lease or any documents related thereof, (d) <br />questioning or in any manner challenging the authority or proceeding pursuant to which the <br />Lease was approved, or ( e) challenging the creation, organization or existence of the Lessee <br />or the titles of its officers to their respective offices, or the boundaries of the Lessee. <br /> <br />5. The signatures of the officials of the Lessee which appear on the Lease are true and genuine; I <br />know the officials and know them to hold the offices set forth below their names. <br /> <br />6. To the best of my knowledge the Lease contains no false statement of Lessee regarding any <br />material fact, representation or warranty. <br /> <br /> <br />Mark B. Taylor <br />City Attorney <br /> <br />City Hall · 630 East Hopkins · San Marcos, Texas 78666 · 512/393-8150 · FAX 512/393-3983 <br />