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(e) Bank Qualified. The Pricing Officer is authorized to design the Bonds as bank qualified <br />obligations if the City qualifies to make such a designation at me of pricing the Bonds. <br />Section 13. APPROVAL OF OFFERING DOCUMENTS, PAYING <br />. The Pricing Officer <br />AGENT/REGISTRAR AGREEMENT AND ESCROW AGREEMENT <br />is hereby authorized to approve the Preliminary Official Statement, the Official Statement relating to <br />the Bonds and any addenda, supplement or amendment thereto and to deem such documents final in <br />accordance with Rul 15c2-12. The City further approves the distbution of such Official Statement <br />in the reoffering of the Bonds by the underwriters in final formith such changes therein or additions <br />thereto as the Pricing Officer executing the same may deem advis, such determination to be <br />conclusively evidenced by his execution thereof. <br />The Paying Agent/Registrar Agreement by and between the City and the Paying <br />Agent/Registrar ("Paying Agent Agreement") in substantially the form and substance previously <br />approved by the City Council and the Pricing Officer is hereby authorized and directed to complete, <br />amend, modify and execute the Paying Agent Agreement as necessary. <br />The discharge and defeasance of Refunded Obligations shall be efctuated pursuant to the <br />terms and provisions of an Escrow Agreement, in the form and con terms and provisions <br />as shall be approved by a Pricing Officer, including any insertidditions, deletions, and <br />modifications as may be necessary (a) to carry out the program digned for the City by the <br />underwriters or purchaser, (b) to maximize the City's present value savings and/or to minimize the <br />City's costs of refunding, (c) to comply with all applicable law and regulations relating to the <br />refunding of the Refunded Obligations and (d) to carry out the oer intents and purposes of this <br />Ordinance; and, the Pricing Officer is hereby authorized to execute and deliver such Escrow <br />Agreement, on behalf of the City, in multiple counterparts. <br />To maximize the City's present value savings and to minimize the City's costs of refunding, <br />the City hereby authorizes and directs that certain of the Refunded Obligations shall be called for <br />redemption prior to maturity in the amounts, at the dates and atedemption prices set forth in the <br />Pricing Certificate, and the Pricing Officer is hereby authorized and directed to take all necessary and <br />appropriate action to give or cause to be given a notice of reden to the holders or paying <br />agent/registrars, as appropriate, of such Refunded Obligations, in the manner required by the <br />documents authorizing the issuance of such Refunded Obligations. <br />The Pricing Officer and the Escrow Agent are each hereby authorized (a) to subscribe for, <br />agree to purchase, and purchase Defeasance Securities that are prmitted investments for a <br />defeasance escrow established to defease Refunded Obligations, and to execute any and all <br />subscriptions, purchase agreements, commitments, letters of authorization and other documents <br />necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are hereby <br />ratified and approved, and (b) to authorize such contributions to the escrow fund as are provided in <br />the Escrow Agreement. <br />24 <br />San Marcos GORB 2012 - Delegated: Ordinance <br /> <br />