Resolution No. 04-087
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<br />Section 6:
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<br />Section 7:
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<br />Section 8:
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<br />Section 9:
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<br />Section 10:
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<br />Approval of Purchase Contract. In the event the Certificates are sold pursuant to a
<br />competitive negotiated sale, the City Manager and Director of Finance are hereby
<br />authorized to select the Underwriter. An Officer is hereby authorized and directed, for
<br />and on behalf of the City, to execute, acknowledge and deliver a Purchase Contract, in
<br />substantially the form approved by the City Attorney and Special Counsel, such approval
<br />to be conclusively evidenced by the execution and delivery thereof; provided, that the
<br />true interest cost to be represented by the Certificates shall not exceed four and one-half
<br />percent (4.50%) per annum, and the underwriter's discount, excluding original issue
<br />discount but including the cost of insurance, shall not exceed two percent (2.00%).
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<br />Approval of Preliminary and Final Official Statement. The form of preliminary official
<br />statement as presented at this meeting (the "Preliminary Official Statement") is hereby
<br />approved, in substantially the form presented at this meeting, with such changes therein
<br />as the Officers may require or approve, with the advice and approval of the City Attorney
<br />and Special Counsel. An Officer is hereby authorized and directed, for and on behalf of
<br />the City, to execute all certificates necessary to deem final the Preliminary Official
<br />Statement as of its date, with the exception of certain final pricing and related
<br />information. An Officer is hereby authorized and directed, for and on behalf of the City,
<br />to execute and deliver the final Official Statement when completed, with the advice and
<br />approval of the City Attorney and Special Counsel. The use and distribution of said
<br />Preliminary Official Statement and use and distribution of the final Official Statement in
<br />connection with the sale of the Certificates is hereby ratified and approved. The
<br />Underwriter is directed to deliver copies of the final Official Statement to all actual
<br />purchasers of the Certificates.
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<br />Approval of Continuing Disclosure Agreement. The form of Continuing Disclosure
<br />Agreement (the "Continuing Disclosure Agreement"), between the City and the Trustee,
<br />acting as dissemination agent, as presented at this meeting is hereby approved. An
<br />Officer is hereby authorized and directed, for and on behalf of the City, to execute,
<br />acknowledge and deliver the Continuing Disclosure Agreement, in substantially the form
<br />presented to this meeting, with such changes therein as such Officer may require or
<br />approve, with the advice and approval of the City Attorney and Special Counsel, such
<br />approval to be conclusively evidenced by the execution and delivery thereof.
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<br />Approval of Escrow Agreement. The form of Escrow Agreement (the "Escrow
<br />Agreement"), between the City and U.S. Bank, National Association, as Escrow Agent
<br />thereunder, as presented at this meeting is hereby approved. An Officer is hereby
<br />authorized and directed, for and on behalf of the City, to execute, acknowledge and
<br />deliver the Escrow Agreement, in substantially the form presented to this meeting, with
<br />such changes therein as such Officer may require or approve, with the advice and
<br />approval of the City Attorney and Special Counsel, such approval to be conclusively
<br />evidenced by the execution and delivery thereof.
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<br />Approval of Termination Agreement. The form of Termination Agreement (the
<br />"Termination Agreement"), between the City and U.S. Bank, National Association, as
<br />trustee for the 1994 Obligations, as presented at this meeting is hereby approved. An
<br />Officer is hereby authorized and directed, for and on behalf of the City, to execute,
<br />acknowledge and deliver the Termination Agreement, in substantially the form presented
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