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Underwriter in connection with the sale of the Bonds to the Underwriter, such form of <br />bond purchase agreement to be approved by this City Council at a later date. <br />Section 5. The City Council hereby acknowledges receipt of the proposal of the <br />firm of Nossaman LLP to act as bond counsel to the City in connection with the <br />proposed formation of the CFD and issuance of the Bonds. The City Council hereby <br />authorizes and directs the Director of Finance to execute and deliver an agreement with <br />said firm for its services; provided that: (a) the agreement is consistent with said firm's <br />proposal heretofore submitted to the City and contains terms (including those regarding <br />compensation) no less favorable to the City than as set forth in such proposal, and (b) <br />any and all compensation to such firm under the agreement is payable solely from the <br />Deposits, the proceeds of the Bonds, or the proceeds of the levy of special taxes within <br />the CFD. <br />Section 6. The City Council hereby acknowledges receipt of the proposal of the <br />firm of Jones Hall, A Professional Law Corporation to act as disclosure counsel to the <br />City in connection with the proposed issuance of the Bonds. The City Council hereby <br />authorizes and directs the Director of Finance to execute and deliver an agreement with <br />said firm for its services; provided that: (a) the agreement is consistent with said firm's <br />proposal heretofore submitted to the City and contains terms (including those regarding <br />compensation) no less favorable to the City than as set forth in such proposal, and (b) <br />any and all compensation to such firm under the agreement is payable solely from the <br />Deposits, the proceeds of the Bonds, or the proceeds of the levy of special taxes within <br />the CFD. <br />Section 7. The City Council hereby acknowledges receipt of the proposal of the <br />firm of Seevers, Jordan, & Ziegenmeyer to serve as appraiser to the City in connection <br />with the proposed issuance of the Bonds. The City Council hereby authorizes and <br />directs the Director of Finance to execute and deliver an agreement with said firm for its <br />services; provided that: (a) the agreement is consistent with said firm's proposal <br />heretofore submitted to the City and contains terms (including those regarding <br />compensation) no less favorable to the City than as set forth in such proposal, and (b) <br />any and all compensation to such firm under the agreement is payable solely from the <br />Deposits, the proceeds of the Bonds, or the proceeds of the levy of special taxes within <br />the CFD. <br />Section 8. The form of Deposit Agreement submitted to this City Council is <br />hereby approved. The Director of Finance is hereby authorized and directed to execute <br />and deliver the Deposit Agreement in the form attached hereto as Exhibit A together <br />with such additions or changes thereto as the Director of Finance, upon consultation <br />with City Attorney and Bond Counsel, shall approve. The Director of Finance is hereby <br />authorized and directed to accept any Deposits made by the Owner pursuant to the <br />Deposit Agreement, to establish such bank accounts and records as are necessary or <br />appropriate in connection therewith, and to expend the Deposits for the purposes set <br />forth in and as otherwise contemplated by the Deposit Agreement. <br />ATTY /RESO /RESO.2039 <br />080310 -3- <br />