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May 14, 2002 <br /> <br />Agreement(s) approved by such officer or officers; provided that the true interest cost of <br />the Bonds shall not exceed 7.5% per annum and the purchase price shall be not less <br />than 97% of the par amount of the Bonds, not taking into account any original issue <br />discount or any bond insurance premium. The City Manager and the Chief Financial <br />Officer, or either of them, is authorized and directed to approve such optional or <br />mandatory redemption provisions for the Bonds as such officer or officers may <br />determine to be in the best interest of the City. <br /> <br /> 4. Form of Bonds. The Bonds shall be in substantially the form attached to <br />this Resolution as Exhibit A, with such appropriate variations, omissions and insertions <br />as are permitted or required by this Resolution. There may be endorsed on the Bonds <br />such legend or text as may be necessary or appropriate to conform to any applicable <br />rules and regulations of any governmental authority or any usage or requirement of law <br />with respect thereto. <br /> <br /> 5. Book-Entry-Only Form. The Bonds shall be issued in book-entry-only <br />form. The Bonds shall be issued in fully-registered form and registered in the name of <br />Cede & Co., as nominee of The Depository Trust Company, New York, New York <br />("DTC") as registered owner of the Bonds, and immobilized in the custody of DTC. One <br />fully-registered Bond in typewritten or printed form for the principal amount of each <br />maturity of the Bonds shall be registered to Cede & Co. Beneficial owners of the Bonds <br />shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest <br />payments on the Bonds shall be made to DTC or its nominee as registered owner of the <br />Bonds on the applicable payment date. <br /> <br /> Transfer of ownership interest in the Bonds shall be made by DTC and its <br />participants (the "Participants"), acting as nominees of the beneficial owners of the <br />Bonds in accordance with rules specified by DTC and its Participants. The City shall <br />notify DTC of any notice required to be given pursuant to this Resolution or the Bonds <br />not less than fifteen (15) calendar days prior to the date upon which such notice is <br />required to be given. The City shall also comply with the agreements set forth in the <br />City's Letter of Representations to DTC. <br /> <br /> Replacement Bonds (the "Replacement Bonds") shall be issued directly to <br />beneficial owners of the Bonds rather than to DTC or its nominee but only in the event <br />that: <br /> <br /> (i) <br />Bonds; or <br /> <br />DTC determines not to continue to act as securities depository for the <br /> <br /> (ii) The City has determined not to continue to use DTC as the securities <br />depository for the Bonds; or <br /> <br />(iii) The City has determined not to continue the book-entry system of transfer. <br /> <br /> Upon occurrence of the event described in (i) or (ii) above, the City shall attempt <br />to locate another qualified securities depository. If the City fails to locate another <br />qualified securities depository to replace DTC or upon the occurrence of the event <br />described in (iii) above, the City shall execute and deliver Replacement Bonds <br />substantially in the form set forth in Exhibit A attached hereto. Principal of and interest <br />on the Replacement Bonds shall be payable as provided in this Resolution and in the <br />Bonds and such Replacement Bonds will be transferable in accordance with the <br />provisions of paragraphs 9 and 10 of this Resolution and the Bonds. <br /> <br /> 6. Appointment of Bond Reqistrar and Payin,q A,qent. The Chief Financial <br />Officer is authorized and directed to appoint a Bond Registrar and Paying Agent for the <br />Bonds and as long as the Bonds are in book entry form such Bond Registrar and <br />Paying Agent may be the Chief Financial Officer. <br /> <br /> The City Council may appoint a subsequent registrar and/or one or more paying <br />agents for the Bonds by subsequent resolution and upon giving written notice to the <br />owners of the Bonds specifying the name and location of the principal office of any such <br />registrar or paying agent. <br /> <br /> <br />