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<br />the genuine signature of the person whose name purports to be signed thereto, and that such signatures <br />were placed thereon in that person's presence. <br /> <br />SECTION 4. Section 9.03 of the City Charter is amended as follows (underlining indicates added <br />text; overstrike indicates deleted text): <br /> <br />Sec. 9.03. Misapplication of bond funds. <br /> <br />Any officer or employee of the City of San Marcos who shall willfully wilfully or knowingly divert <br />or use any funds arising from the issuance of any bond or sinking fund for any other purpose than that <br />for which the fund is created or as herein otherwise authorized, shall be subject to prosecution as <br />provided by the laws of the State of Texas on the diversion and conversion of funds belonging to any <br />of the municipalities of the State of Texas. <br /> <br />SECTION 5. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will <br />continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 6. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this <br />ordinance are repealed. <br /> <br />SECTION 7. The importance of this Ordinance creates an emergency and an imperative public <br />necessity, and the provisions of the Charter requiring that ordinances be presented at three separate meetings, <br />and that ordinances do not take effect until ten days after the date of final passage are suspended, and this <br />Ordinance will take effect upon publication of notice of its adoption in a newspaper of general circulation <br />within the City. <br /> <br />PASSED on first reading on Ju 1 y 8, 2002. <br /> <br />PASSED on second reading on July 22, 2002. <br /> <br />PASSED, APPROVED AND ADOPTED on August 12, 2002. <br /> <br />G2i4 ~. l~ <br /> <br />Robert B. Habingreither <br />Mayor <br /> <br />Attest: <br /> <br />Approved: <br /> <br /> <br />K. Womack <br />City Clerk <br /> <br /> <br />Mark B. Taylor <br />City Attorney <br /> <br />PUBLISHED IN THE SAN ~ffiRCOS DAILY RECORD ON FRIDAY, AUGUST 16, 2002. <br /> <br />-8- <br />