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<br />expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no <br />significance or effect as regards the legality thereof and neither the City nor the attorneys approving said <br />Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds. <br /> <br />Section 6.04. Legal Opinion. <br /> <br />The approving legal opinion of Fisher & Newsom, P.C., Bond Counsel, may be printed on the back <br />of each Bond or, in the case of the definitive Bonds delivered to DTC, attached to each definitive Bond, over <br />the certification of the City Clerk, which may be executed in facsimile. <br /> <br />Section 6.05. Municipal Bond Insurance. <br /> <br />Municipal bond insurance having been obtained from Financial Security Assurance Inc. with respect <br />to the Bonds, the Bonds, including the Initial Bond, may bear an appropriate legend, as provided by the <br />Insurer. <br /> <br />ARTICLE VII <br /> <br />SALE OF THE BONDS; CONTROL AND <br />DELIVERY OF THE BONDS; DEPOSIT OF PROCEEDS <br /> <br />Section 7.01. Sale of Bonds. Official Statement. <br /> <br />(a) The Bonds are hereby officially sold and awarded to RBC Dain Rauscher, Morgan Keegan <br />& Co., Inc., and Estrada Hinojosa & Co., Inc., in accordance with the terms and provisions of that certain <br />Purchase Contract relating to the Bonds between the City and the Purchaser and dated the date of the passage <br />of this Ordinance. The form and content of such Purchase Contract are hereby approved, and the Mayor of <br />the City is hereby authorized and directed to execute and deliver such Purchase Contract. It is hereby <br />officially found, determined and declared that the terms of this sale are the most advantageous reasonably <br />obtainable. The Bonds shall initially be registered in the name of RBC Dain Rauscher or its designee. <br /> <br />(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 meeting, is <br />hereby in all respects approved and adopted, and the Preliminary Official Statement is hereby confirmed as <br />deemed final as of its date (except for the omission of pricing and related information) within the meaning <br />and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934, as <br />amended, by the City Council. The Mayor and City Clerk of the City are hereby authorized and directed to <br />execute the same and deliver appropriate numbers of executed copies thereof to the Purchaser of the Bonds. <br />The Official Statement as thus approved, executed and delivered, with such appropriate variations as shall <br />be approved by the Mayor of the City and the Purchaser of the Bonds, may be used by the Purchaser in the <br />public offering and sale thereof. The use and distribution of the Official Statement in the public offering of <br />the Bonds by the Purchaser is hereby ratified, approved and confirmed. The City Clerk of the City is hereby <br />authorized and directed to include and maintain a copy of the Official Statement and any addenda, <br />supplement 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 ofthe <br />Bonds by the Purchaser is hereby ratified, approved and confirmed. <br /> <br />R.\Sall MarcoslEUS Rfdg02\Docs\Ordinance\Fmal.wpd <br /> <br />22 <br />