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April 2B. 1998 <br /> <br />SECTION 9. Official Statement. The Council hereby authorizes (a)the <br />preparation of a Preliminary Official Statement and a final Official Statement in such <br />form and substance as the City Manager or any Deputy City Manager upon the <br />advice of counsel {including the City Attorney or Bond Counsel) shall approve, <br />(bl the Underwriters to use, and make available for use by prospective and ultimate <br />purchasers of the Series 1998 Bonds; t~e P.r..elrmin~ry Official Statement, (c) the <br />execution by the City Manager or any DePUty C,ty Manager of the Official Statement; <br />(d) delivery of the Official Statement as so execatedto the Underwriters, and (e) the <br />use of the Official Statement by the Underwriters in effecting sales of the Series 1998 <br />Bonds. The City Manager or any Deputy City Manager may certify that, except for <br />any information pertaining to any entity other-than the City as to which the City <br />makes no representation, the information which precedes the signature of the City <br />Manager or any Deputy City Manager contained in the Official Statement is as of the <br />date thereof true and correct in ali material~respects:and does not contain any untrue <br />statement of a material fact ~ in order to <br />make the statements made, in vere <br />made, not misleading. ,~ity <br />cManager shall be <br />onclusive orized <br />hereby and that the :om rements' '0f'this' SectiOn 9.' The <br />Council hereby <br />deemthe Preliminary Officral <br /> <br />SECTION t0. Execution and Delivery of Continuing Disclosure Agreement. <br />In order to evidence the City's undertaking to comply with Rule 15c2-12, the Council <br />hereby authorizes and approves the entering into and by <br /> <br />the City Manager or any DePUty City <br />Agreement, in substantially the form <br />minutes of the meeting at which <br />necessary or appropriate va.riatio <br />deemed appropriate to the Series i 99~ <br />the Same Shall approve upon .the' advice of <br />Bond CounSel), Such 'approval tO <br />execution thereof. <br />approves the Continuing <br />conditions thereof and with such further I <br /> <br />Manager or..r~nY :Deputy <br />relating to the Series !~998 Bonds si <br />disclosure <br />and that th~6 <br /> <br />SECtiON 11 ~' <br /> <br />the <br /> <br />the offi~i~ of the City executing <br /> ', or <br /> such officer's <br /> confirms and <br /> terms, provisions and <br /> as shall <br /> City <br /> ~nt <br /> g <br /> <br />ent for <br /> <br />the Series~ ~: <br /> <br /> SECTION f2~-~Further Action of City. An~ one or more of the officers, <br />employees,and agents of the city is or are hereby authorized to execute such further <br />documents, including any tax agreement intended to ensure compliance with the tax <br />covenants.. 0~the Ci~,set forth in the Trust Indenture~ or take any and all such further <br />actiOn as,U~on the ~dv ce of counse to t~he City ()he she or they shall deem <br />necessary o~ desirable ~n order.to` effectuate the?ssuance, dehvery and payment of <br />the Series ~'§gS Bo~aS in acc0i;dance With the't6rrtis' of the Trust 'Indenture; or (ii) <br /> 'nay to and <br /> ~nts referred <br /> <br /> SEC~ON ;13;-'; Repeal? of Conflicting ,Or~linances and Resolutions. All <br />ordinances, or resolutions, or portions thereof, heretofore adopted by the Council <br />which are in-.conflicl~:or inconsistent with thisresolution are hereby.repealed to the <br />.e~xtent of such c(mfli~ or incoq~!stency. - - ~ ~ <br /> <br /> SECTIOI~ <br />hereby authorized <br />Clerk to be <br />Virginia, in' <br /> <br /> ,luti°n With CirCUit court. The City Attorney is <br /> to f.!le a copy of this resolution, certified by the City <br /> hereof, with the Ci~ui~ CouA of the City of Portsmouth, <br />with S&~tion 15.2-260;7.of ihe ~ode of Virginia; 1950. <br /> <br /> <br />