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Section 3. Sale of Refunding Certificates. The City Council hereby approves the <br />sale of the Refunding Certificates under and in accordance with the provisions of the <br />Purchase Contract. <br /> <br /> Section 4. Official Statement. The City Council hereby approves and deems <br />nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, <br />the preliminary Official Statement describing the Refunding Certificates in the form on <br />file with the Clerk of the Council. The Designated Officers are hereby individually <br />authorized, at the request of the purchaser of the Refunding Certificates, to execute an <br />appropriate certificate affirming the City Council's determination that the preliminary <br />Official Statement has been deemed nearly final within the meaning of such Rule. <br />Distribution of the preliminary Official Statement by thi~ purchaser of the Refunding <br />Certificates is hereby approved. The Designated Officers are hereby individually <br />authorized and directed to approve any changes in or additions to a final form of said <br />Official Statement, and the execution thereof by a Designated Officer shall be <br />conclusive evidence of approval of any such changes and additions. The City Council <br />hereby authorizes the distribution of the final Official Statement by the purchaser of the <br />Refunding Certificates. The final Official Statement shall be executed in the name and <br />on behalf of the City by a Designated Officer. <br /> <br /> Section 5. Official Actions. The Designated Officers, the Clerk of the Council <br />and all other officers of the City are each authorized and directed in the name and on <br />behalf of the City to take such actions, including, but not limited to, the entering into <br />agreements with a bond insurance provider to provide bond insurance with respect to <br />the Certificates and the selection of assets to be included under the Lease Agreement, <br />and t o make a ny a nd a II assignments, certificates, requisitions, agreements, notices, <br />consents, leases and other instruments of conveyance, warrants and other documents, <br />including, but not limited to, irrevocable refunding instructions which implement the <br />refinancing plan approved by this Resolution, which they or any of them might deem <br />necessary or appropriate in order to consummate any of the transactions contemplated <br />by the agreements and documents approved under this Resolution. Whenever in this <br />resolution any officer of the City is authorized to execute or countersign any document <br />or take any action, such execution, countersigning or action may be taken on behalf of <br />such officer by any person designated by such officer to act on his or her behalf in the <br />case such officer is absent or unavailable. <br /> <br /> Section 6. Effective Date. This Resolution shall take effect from and after the <br />date of its passage and adoption. <br /> <br />ADOPTED this 17th day of March, 2003. <br /> <br /> Mi~r~. Palliao ' ' <br /> <br />Resolution No. 2003-033 <br /> Page 3 of 4 <br /> <br /> <br />