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<br />;t-- '~'"-""TH}f~ (J]"1~i~"o~~:'-'-c:'-c'} <br />: SAN MARCOS I <br />'I ' <br />I <br /> <br /> <br />March 2, 2000 <br /> <br />Houston Community Bank, N.A. <br />11390 Veterans Memorial Drive <br />P.O. Box 6705:"', <br />Houston, Texas 77267-0527 <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 <br />I have examined duly executed originals of the Master Loan Agreement and Equipment Schedule <br />No. 1 (the "Lease") dated February 29, 2000, between Lessee and HOUSTON COMMUNITY <br />BANK, N.A., as Lessor. I have also examined the proceedings of the Lessee's City Council (the <br />"Council") to authorize and execute the Lease. Based upon such examination I am of the opinion <br />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. The Lease is a legal, valid and binding obligation of the Lessee, enforceable in accordance <br />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 Councilor 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 ofthe officials ofthe 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 />Sincerely, <br /> <br /> <br />City Hall" 630 East Hopkins" San Marcos, Texas 78666 " 512/353-4444 " FAX 512/396-4656 <br />