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<br />31 <br /> <br />RESOLUTION 1989-6R <br /> <br />A RESOLUTION OF THE CITY COUNCI L OF 'T'HR CITY OF ~ÞN <br />MARCOS, TEXAS, APPROVING ISSUANCE OF CENTRAL TEXAS <br />HIGHER EDUCATION AUTHORITY, INC. WEEKLY ADJUSTABLE/ <br />FIXED RATE STUDENT LOAN REVENUE BONDS, SERIES <br />1989, AND DECLARING AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Ci ty of San Marcos, Texas (the "City") is the <br />sponsoring entity of the Central Texas Higher Education Authority, Inc. <br />(the "Authority") pursuant to Section 53.47 of the Texas Education <br />Code, as amended (the "Act"), and the City, by adoption of a resolution <br />on December 16,1988 approved the issuance by the Authority of up to <br />$100,000,000 of student loan revenue bonds, the proceeds of which would <br />be used to acquire student loan notes~ and, <br /> <br />WHEREAS, the Board of Directors (the "Board") of the Authority <br />has, by adoption of a resolution on December 16, 1988 (the "Issuer <br />Resolution"), a copy of which is attached hereto as Exhibit A, declared <br />its in~ention to issue its student loan revenue bonds pursuant to the <br />terms of the Act~ and, <br /> <br />WHEREAS, pursuant to section l47(f) of the Internal Revenue Code <br />of 1986 (the "Code"), the Authority has conducted a public hearing <br />following reasonable public notice with respect to the captioned bonds <br />and has presented to the City summaries of the proceedings from such <br />hearing which reflect that no person was present to express any <br />opposition to the issuance of the captioned bonds~ and, <br /> <br />WHEREAS, in order to satisfy the requirements of section 147(f) of <br />the Code, it is necessary for the City to approve the Bonds after the <br />public hearing has been held; now, therefore, <br /> <br />BE IT RESOLVED BY THE CITY <br />TEXAS: <br /> <br />COUNCI L OF <br /> <br />THE <br /> <br />CITY OF <br /> <br />SAN <br /> <br />MARCOS, <br /> <br />PART 1. That this Resolution, is adopted for the purpose of <br />satisfying the conditions and requirements of the Act and sections 103 <br />and l47(f) of the Code and the regulations promulgated thereunder. <br /> <br />PART 2. That the Bonds, which are to be issued in the maximum <br />aggregate face amount of $80,000,000, and for the purpose of acquiring <br />Guaranteed Student Loans which are either guaranteed or insured under <br />the provisions of the Higher Education Act of 1965, as amended, setting <br />aside of certain amounts for deposit into the Reserve Fund and the <br />Operating Fund, and paying the cost of issuing the Bonds, as provided <br />and limited by the Code and the Act, all as further described in the <br />Issuer Resolution are hereby approved pursuant to section 147(f) of the <br />Code. <br /> <br />PART 3. That the approvals herein given are in accordance with <br />the provisions of Section l47(f) of the Code, and are not to be <br />construed as any undertaking by the City, and the Bonds shall never <br />constitute an indebtedness or pledge of the City, or the State of <br />Texas, within the meaning of any constitutional or statutory provision, <br />and the owners of the Bonds shall never be paid in full or in part out <br />of any funds raised or to be raised by taxation or any other revenues <br />of the Authority, the City, or the State of Texas except those revenues <br />assigned and pledged by the resolution of the Authority authorizing <br />issuance of the Bonds. <br /> <br />PART 4. That the Mayor of the City of San Marcos, Kathy M. Morris <br />and other officers of the City are hereby authorized, jointly and <br />severally, to execute and deliver such endorsements, instruments, <br />certificates, documents, or papers necessary and advisable to carry out <br />the intent and purposes of this resolution. <br /> <br />PART 5. That this Resolution shall be in full force and effect <br />from and after its passage. <br /> <br />ADOPTED this <br /> <br />23 <br /> <br /> <br />~' .1989. <br /> <br />~~~f:LfrIlW) <br /> <br />17t1es t : <br /> <br />~£iS ~. W~ack <br />Ci ty Secretary <br /> <br />