RES 03115 - Laserfiche WebLink

Resolution No. 03-115 Page 2 to execute and deliver the Purchase Contract in said form, together with such additions thereto or changes therein as are recommended or approved by the City Manager upon consultation with the City Attorney and Bond Counsel including such additions or changes as are necessary or advisable in accordance with Section 10 hereof (provided that no such change shall increase the aggregate principal amount of the Bonds over the amount specified in Section 2 above, the initial interest rate on the Bonds shall not be in excess of 5.00%, and the Underwriter's fee or discount shall not be in excess of 1.50% of the principal amount of the Bonds sold), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Purchase Contract by the City. Section 7. The official statement relating to the Bonds (the "Official Statemeng') in the form on file with the City Clerk, is hereby approved. The City Manager is hereby authorized and directed to execute the Offidal Statement in said form, together with such additions thereto or changes therein as are recommended or approved by the City Manager upon consultation with the City Attorney and Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Official Statement by the City. The Underwriter is hereby authorized to distribute copies of the Official Statement to persons who may be interested in the purchase of the Bonds and is directed to deliver such copies to all actual purchasers of the Bonds. Distribution by the Underwriter of a Pre/tminary Official Statement relating to the Bonds is hereby approved and authorized, and the City Manager is hereby authorized on behalf of the City, upon consultation with Bond Counsel, to "deem final" the Pre 'hrninary Official Statement within the meaning of Rule 15c2-12 promulgated under the Securities and Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such rule). Section 8. The assignment and intercreditor agreement, among the Trustee, the City and Fannie Mae (the "Assignment Agreemenf'), in the form on file with the City Clerk, is hereby approved. The City Manager is hereby authorized and directed to execute and deliver the Assignment Agreement in said form, with such additions thereto or changes therein as are recommended or approved by the City Manager upon consultation with the City Attorney and Bond Counsel, including such additions or changes as are necessary or advisable in accordance with Section 10 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Assignment Agreement by the City. Section 9. The Bonds, when executed, shall be delivered to the Trustee for authentication. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to or upon the order of the Underwriter in accordance with written instructions executed on behalf of the City by the City Manager, which instructions said officer is hereby authorized and directed to execute and deliver to the Trustee. Such instructions shall provide for the delivery of the Bonds to the Underwriter in accordance with the Purchase Contract, upon payment of the purchase price therefor.