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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />Z <br />23 <br />24 <br />2r <br />2E <br />2"j <br />2F <br />NOW, THEREFORE, the City Council of the City of Colton, California, DOES <br />HEREBY RESOLVE, DETERMINE AND ORDER as follows: <br />SECTION 1. Significant Public Benefits Relating to Issuance of the <br />Bonds. Pursuant to the Act, the City hereby finds and determines that the issuance of the <br />Bonds will result in more efficient delivery of local agency services to residential and <br />commercial development and in employment benefits from undertaking the acquisition, <br />construction and installation of the Facilities in a timely fashion, and thereby will result in <br />significant public benefits to the citizens of the City. <br />SECTION 2. Installment Purchase Agreement; Indenture; Continuing <br />Disclosure Agreement; Escrow Agreement. The City Council hereby approves the <br />Installment Purchase Agreement, the Indenture, the Continuing Disclosure Agreement, by <br />and between the Authority and the Trustee as Dissemination Agent (the "Continuing <br />Disclosure Agreement"), and the Escrow Agreement, by and between FARECal, the City and <br />The Bank of New York Trust Company, N.A., as escrow agent (the "Escrow Agreement"), in <br />the forms presented to the City Council, together with such additions thereto and changes <br />therein as are approved in accordance with Section 6 hereof, such approval to be <br />conclusively evidenced by the execution and delivery thereof by the City with respect to the <br />Installment Purchase Agreement and the Continuing Disclosure Agreement and by the <br />Authority with respect to the Indenture. Each Authorized Officer is hereby authorized to <br />execute, and the City Clerk is hereby authorized to attest such execution of, the final form of <br />the Installment Purchase Agreement and the Continuing Disclosure Agreement for and in the <br />name and on behalf of the City. The City hereby authorizes the delivery and performance of <br />the Installment Purchase Agreement and the Continuing Disclosure Agreement. <br />SECTION 3. Issuance of Bonds by the Authority; Bond Purchase <br />Contract. The City Council hereby approves the issuance of the Bonds in one or more <br />series on a tax-exempt or taxable basis by the Authority in accordance with the terms and <br />provisions of the Indenture (as executed and delivered hereafter). The City Council hereby <br />also approves the sale of the Bonds pursuant to the terms and provisions in the Bond <br />Purchase Contract, such approval to be conclusively evidenced by the execution and <br />delivery thereof by the Authority. The true interest cost of the Bonds shall not exceed (5%), <br />and the Underwriter's discount or fee (excluding any original issue discount) shall not exceed <br />(0.5%) of the original principal amount of the Bonds. <br />SECTION 4. Preliminary Official Statement. Each of the Authorized <br />Officers is hereby authorized to approve a Preliminary Official Statement relating to the <br />Bonds, such approval to be conclusively evidenced by the delivery thereof (the "Preliminary <br />Official Statement"), and the City Council hereby approves the use of the Preliminary Official <br />Statement in connection with the offering and sale of the Bonds. The Authorized Officers are <br />each authorized to deem the Preliminary Official Statement to be final within the meaning of <br />Rule 15c2-12 (the "Rule") of the U.S. Securities and Exchange Commission promulgated <br />under the Securities Exchange Act of 1934, as amended, subject to the completion of those <br />items permitted by such Rule. <br />SECTION 5. Official Statement. Each of the Authorized Officers is hereby <br />authorized to approve an Official Statement relating to the Bonds, such approval to be <br />conclusively evidenced by the execution and delivery thereof (the "Official Statement"), and <br />the City Council hereby approves the use of the Official Statement in connection with the <br />offering and sale of the Bonds. The City Council hereby further approves the use of any <br />