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(b) The form and substance of the Official Statement for the Bonds and any addenda, <br />supplement or amendment thereto (the "Official Statement") presented to and considered at this <br />meeting, is hereby in all respects approved and adopted, and the Preliminary Official Statement is <br />hereby confirmed as deemed final as of its date (except for the omission of pricing and related <br />information) within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the <br />Securities Exchange Act of 1934, as amended, by the City Council. The Mayor and City Clerk of the <br />City are hereby authorized and directed to execute the same and deliver appropriate numbers of <br />executed copies thereof to the Purchaser of the Bonds. The Official Statement as thus approved, <br />executed and delivered, with such appropriate variations as shall be approved by the Mayor of the <br />City and the Purchaser of the Bonds, may be used by the Purchaser in the public offering and sale <br />thereof. The use and distribution of the Official Statement in the public offering of the Bonds by the <br />Purchaser is hereby ratified, approved and confirmed. The City Clerk of the City is hereby authorized <br />and directed to include and maintain a copy of the Official Statement and any addenda, supplement <br />or amendment thereto thus approved among the permanent records of this meeting. The use and <br />distribution of the Preliminary Official Statement for the Bonds and the preliminary public offering <br />of the Bonds by the Purchaser is hereby ratified, approved and confirmed. <br />(c) All officers of the City are authorized to execute such documents, certificates and <br />receipts as they may deem appropriate in order to consummate the delivery of the Bonds in <br />accordance with the Bond Purchase Agreement. <br />(d) The obligation of the Purchaser to accept delivery of the Bonds is subject to the <br />Purchaser's being furnished with the final, approving opinion of Bond Counsel for the City, which <br />opinion shall be dated and delivered the Closing Date. <br />Section 7.02. Control and Delivery of Bonds. <br />(a) The Mayor of the City is hereby authorized to have control of the Initial Bond and all <br />necessary records and proceedings pertaining thereto pending investigation, examination and approval <br />of the Attorney General of the State of Texas, registration by the Comptroller of Public Accounts of <br />the State of Texas, and registration with, and initial exchange or transfer by, the Paying <br />Agent/Registrar. <br />(b) After registration by the Comptroller of Public Accounts of the State of Texas, <br />delivery of the Bonds shall be made to the Purchaser under and subject to the general supervision and <br />direction of the Mayor of the City, against receipt by the City of all amounts due to the City under <br />the terms of sale. <br />San Marcos Tax & Rev Rfdg 2009 Ordinance 22