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13 <br />The Bonds, the certificate of authentication of the Registrar and the <br />assignment endorsed on such Bonds, shall be in substantially the form set forth in <br />Exhibit A, with such changes in format as may be appropriate to conform with customs <br />and practices applicable to comparable securities. <br />(11) The City Manager is hereby authorized to appoint an escrow agent <br />(the “Escrow Agent”) for the City in connection with the refunding of the Refunded <br />Bonds. <br />The City Manager is hereby authorized and directed to execute and deliver <br />an Escrow Deposit Agreement by and between the City and the Escrow Agent in such <br />form as shall be approved by the City Manager upon the advice of counsel (including the <br />City Attorney or Bond Counsel), such approval to be conclusively evidenced by the <br />execution of the Escrow Deposit Agreement by the City Manager. <br />The City Manager and the Director of Finance, or either of them, are <br />hereby authorized to enter into such purchase agreements as may be required in <br />connection with the purchase by the Escrow Agent, from moneys deposited in the Escrow <br />Deposit Fund created and established under any Escrow Deposit Agreement, of <br />Government Securities (as defined in the Escrow Deposit Agreement). <br />Subject to the issuance, sale and delivery of the Bonds pursuant to this <br />resolution and receipt of the proceeds of the Bonds, the City Manager is hereby <br />authorized to designate the Refunded Bonds for redemption on such date or dates as shall <br />be determined by the City Manager and is hereby further authorized to direct the Escrow <br />Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to <br />be given in accordance with the provisions of the proceedings authorizing the issuance of <br />the Refunded Bonds. <br />The Council hereby authorizes the City to make expenditures for the <br />purpose for which the Series 2009A Bonds are to be issued in advance of the issuance <br />and receipt of the proceeds of the Series 2009 Bonds and to reimburse such expenditures <br />from the proceeds of the Series 2009 Bonds. The adoption of this resolution shall be <br />considered as an “official intent” within the meaning of Treasury Regulation Section <br />1.150-2 promulgated under the Internal Revenue Code of 1986. <br />There is hereby delegated to the Chief Operating Officer/Chief Financial <br />Officer the authority to take any action the City Manager is authorized to take under this <br />resolution in the absence or unavailability of the City Manager. <br />The City Attorney of the City is directed to file a copy of this resolution, <br />certified by the Clerk of Council of the City to be a true and correct copy hereof, with the <br />Circuit Court of the City in accordance with Section 15.2-2607 of the Code of Virginia, <br />1950. <br />All ordinances, resolutions and proceedings in conflict herewith are, to the <br />extent of such conflict, repealed. <br />This resolution shall take effect upon its adoption. <br />PUBLIC HEARING/ORDINANCE <br />: REVISION TO NEIGHBORHOOD <br />DEVELOPMENT FEE SCHEDULE FOR OUTDOOR CAFES AND VENDOR <br />SPACES <br /> <br /> Mr. Jim Tolbert, Director of Neighborhood Development Services, proposed fee <br />increases for outdoor cafes and vendors on the downtown mall go into effect January 1, <br />2010. He said cafes currently pay a fee of $125 every two years and $3 a square foot and <br />it is proposed to increased to a fee of $125 every year and $5 a square foot without <br />electricity, and $7 a square foot with electricity. He noted that the fees were waived this <br />year due to the mall renovations. He said large assigned vendor spaces are proposed to <br />increase from $800 to $1200, small assigned vendors spaces are proposed to increase <br />from $600 to $800, unassigned spaces are proposed to increase from $500 to $600, and <br /> <br />