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184 RESCLUTION 1995-30R A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, TERMINA TING THE EXISTING PA YING AGENT/REGISTRAR AGREEMENT WITH RESPECT TO THE CITY'S COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994, APPOINTING A SUCCESSOR PAYING AGENT/REGISTRAR, AND CONT AINING FURTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, The Frost National Bank ("Frost") is the paying agent/registrar with respect to the j obligations of the City of San Marcos, Texas (the "City") entitled "City of San Marcos, Texas, I Combination Tax and Revenue Certificates of Obligation, Series 1995" (the "Obligations") pursuant to , a Paying Agent/Registrar Agreement between the City and Frost with respect to the Obligations dated February 14, 1994 (the "Frost Agreement"); WHEREAS, the Frost Agreement and the Ordinance authorizing the issuance of the Obligations (the "Ordinance") provide for the termination of the Frost Agreement and the appointment of a successor paying agent/registrar, and it is hereby found and determined that such termination and appointment of a successor will be in the best interest of the City; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Section 1. Findings. The statements contained in the preamble of this Resolution are true and correct and are hereby adopted as findings of fact and operative provisions hereof for all purposes. Terms defined in the preamble hereof shall have the same meanings for all purposes of this Resolution. Section 2. Termination of Frost Agreement: Notice to Frost. (a) The appointment of Frost as paying agent/registrar and the Frost Agreement are hereby terminated, with such termination to be effective 60 days after receipt by Frost of notice of such '1 termination, or at such other time as the City and Frost may agree consistent with the requirements of the Ordinance. (b) The City Secretary of the City shall given notice of such termination to Frost by causing a certified copy of this Resolution to be delivered to Frost at the address for notices provided by the Frost Agreement. Section 3, Appointment of Successor Paving Agent/Registrar. (a) Texas Commerce Bank National Association ("Texas Commerce") is hereby appointed paying agent/registrar with respect to the Obligations, such appointment to be effective immediately upon termination of the appointment of Frost as such paying agent/registrar. (b) The execution and delivery of a Paying Agent/Registrar Agreement with respect to the Obligations, specifying the duties and responsibilities of the City and Texas Commerce, in form and content and with such changes as may be approved by the Mayor of the City, and the Mayor and City Secretary of the City are hereby authorized to executed such agreement. /