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<br />r""'~""~""'r:i~H'iEo:tri~"6u~"""""""""''''''I <br />I SAN MARCOS; <br />:1 !i <br />~ a <br />t <br /> <br /> <br />April 6, 2000 <br /> <br />Houston Community Bank, N.A. <br />11390 Veterans Memorial Drive <br />P.O. Box 670527 <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") to be dated as of the date of funding, between Lessee and HOUSTON <br />COMMUNITY BANK, N.A., as Lessor. I have also examined the proceedings of the Lessee's <br />City Council (the "Council") to authorize and execute the Lease. Based upon such examination I <br />am,ofthe 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 ofthe 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) questi0fi;ing 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 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 />Sincerely, <br /> <br />~B.~ <br /> <br />Mark B. TaYlor~- () <br />City Attorney <br /> <br />City Hall .. 630 East Hopkins" San Marcos, Texas 78666 .. 512/353-4444 .. FAX 512/396-4656 <br />