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Resolution No. 04-088 <br />Page 2 <br /> Attorney and Nossaman, Guthner, Knox & Elliott, LLP ("Bond Counsel"), such <br /> approval to be conclusively evidenced by the execution and delivery thereof. In <br /> connection therewith, the City approves the execution and delivery of the Bonds, <br /> provided, that the principal amount of the Bonds shall not exceed $2,000,000. <br /> <br />Section 2: <br /> <br />Award of Sale of Bonds. The form of Notice of Sale, as presented to this meeting, is <br />hereby approved, with such changes therein as the Officers may require or approve, with <br />the advice and approval of the City Attorney and Bond Counsel. The City hereby <br />approves the sale of the Bonds at a competitive sale. An Officer is hereby authorized <br />and directed to award the sale of the Bonds to the bidder with the lowest true interest <br />cost, provided, that the tree interest cost of the Bonds (taking into account any original <br />issue discount on the sale thereof) shall not exceed four and one-half percent (4.50%) per <br />annum, and the underwriter's discount, excluding original issue discount but including <br />the cost of insurance, shall not exceed two percent (2.00%). <br /> <br />Section 3: <br /> <br />Publication of Notice. An Officer, in cooperation with Bond Counsel and the City's <br />Financial Advisor, is hereby authorized and directed to publish a Notice of Intention to <br />Sell Securities in The Bond Buyer at least fifteen (15) days prior to the date bids are to <br />be received and to publish said notice at least ten (10) days prior to the date of sale in <br />The Valley Times. The Officers in cooperation with the Financial Advisor shall cause <br />the Official Notice of Sale to be cimulated among prospective bidders. <br /> <br />Section 4: <br /> <br />Approval of Preliminary and Final Official Statement. The form of preliminary official <br />statement as presented to this meeting (the "Preliminary Official Statement") is hereby <br />approved, in substantially the form presented to this meeting, with such changes therein <br />as such Officers may require or approve, with the advice and approval of the City <br />Attorney and Bond Counsel. An Officer is hereby authorized and directed, for and on <br />behalf of the City, to execute all certificates necessary to deem final the Preliminary <br />Official Statement as of the date of such Preliminary Official Statement, with the <br />exception of certain final pricing and related information. An Officer is hereby <br />authorized and directed, for and on behalf of the City, to execute and deliver the final <br />Official Statement when completed, with the advice and approval of the City Attorney <br />and Bond Counsel. The use and distribution of said Preliminary Official Statement and <br />use and distribution of the final Official Statement in connection with the sale of the <br />Bonds is hereby ratified and approved. <br /> <br />Section 5: <br /> <br />Approval of Purchase Contract. In the event the Bonds are sold pursuant to a competitive <br />negotiated sale, the City Manager and Director of Finance are hereby authorized to select <br />the Underwriter. An Officer is hereby authorized and directed, for and on behalf of the <br />City, to execute, acknowledge and deliver a Purchase Contract, in substantially the form <br />approved by the City Attorney and Bond Counsel, such approval to be conclusively <br />evidenced by the execution and delivery thereof; provided, that the tree interest cost to be <br />represented by the Bonds shall not exceed four and one-half percent (4.50%) per annum, <br />and the underwriter's discount, excluding original issue discount but including the cost of <br />insurance, shall not exceed two percent (2.00%). <br /> <br />Section 6: <br /> <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 to this meeting is hereby approved. An <br />Officer is hereby authorized and directed, for and on behalf of the City, to execute, <br /> <br /> <br />