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Section 25. SEVERABILITY. The provisions of this Ordinance are severable; and in case <br />any one or more of the provisions of this Ordinance or the application thereof to any person or <br />circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or <br />circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of any <br />such invalid provision to persons or circumstances other than those as to which it is held invalid shall <br />not be affected thereby. <br />Section 26. FUNDS AND ACCOUNTS. Notwithstanding anything in this Ordinance to <br />the contrary any funds or accounts created by this Ordinance, other than the Escrow Funds, may be <br />subaccounts of the City's Funds held by the City's depository, and, as such, not held in separate bank <br />accounts, such treatment shall not constitute commingling of the monies in such funds or of funds <br />and the City shall keep full and complete records indicating the monies and investment credited to <br />each such fund. <br />Section 27. CREDIT AGREEMENT. To the extent permitted by law, the City reserves <br />the right under Chapter 1371 of the Texas Government Code to enter into Credit Agreements in <br />connection with the Bonds, upon the written opinion of the City's Finance Director that such Credit <br />Agreements are in the best interest of the City given the market conditions at the time. The Credit <br />Agreements will constitute a Credit Agreement as defined in Chapter 1371 ofthe Texas Government <br />Code. Any such Credit Agreements must be reviewed and approved by the Attorney General of the <br />State of Texas. <br />Section 28. REPEALER. All orders, resolutions and ordinances, or parts thereof, <br />inconsistent herewith are hereby repealed to the extent of such inconsistency. <br />Section 29. EFFECTIVE DATE. This Ordinance shall become effective upon the final <br />passage of this Ordinance. <br />Section 30. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby authorizes <br />the disbursement of a fee equal or lesser of (i) one -tenth of one percent of the principal amount of <br />the Bonds or (ii) $9,500, provided that such fee shall not be less than $750, to the Attorney General <br />of Texas Public Finance Division for payment of the examination fee charged by the State of Texas <br />for the Attorney General's review and approval of public securities and credit agreements, as <br />required by Section 1202.004 of the Texas Government Code. The appropriate member of the City's <br />staff is hereby instructed to take the necessary measures to make this payment. The City is also <br />authorized to reimburse the appropriate City funds for such payment from proceeds of the Bonds. <br />[Execution Page Follows] <br />San Marcos GORB 2012 - Delegated: Ordinance 32 <br />