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WHEREAS, the Council hereby finds that it is in the best interests of the City to provide <br /> for the prepayment of the Prior Notes described more particularly in the form of the letter of <br /> instructions set forth herein (the "Letter of Instructions"); and <br /> WHEREAS, in order to properly provide for the prepayment of the Prior Notes, it will be <br /> necessary to irrevocably deposit funds of the City on hand and legally available for such purpose, <br /> with the paying agent for the Prior Notes, namely, The Bank of New York Mellon Trust <br /> Company, National Association, Chicago, Illinois (the "Paying Agent"), which funds will be <br /> used to pay principal of and interest on the Prior Notes when called for redemption by the Paying <br /> Agent; and <br /> WHEREAS, it is necessary that the Council authorize the form of the Letter of Instructions <br /> and direct the execution of the Letter of Instructions by officers of the City: <br /> Now THEREFORE Be It Ordained by the Council of the City of Decatur, Macon County, <br /> Illinois, in the exercise of its home rule powers, as follows: <br /> Section 1. Incorporation of Preambles. The Council hereby finds that all of the <br /> recitals contained in the preambles to this Ordinance are full, true and correct and does <br /> incorporate them into this Ordinance by this reference. <br /> Section 2. Definitions. The words and terms used in this Ordinance shall have the <br /> definitions set forth for them in the form of the Letter of Instructions provided herein, unless the <br /> context or use of same shall clearly indicate that another meaning is intended. <br /> Section 3. Deposit of Moneys with the Paying Agent. The amount of$7,411,043.75 is <br /> hereby appropriated from funds of the City on hand and legally available for such purpose, and <br /> shall be irrevocably deposited with the Paying Agent so as to provide for the prepayment of all <br /> principal of and interest on the Prior Notes upon the first available redemption date therefore <br /> namely, December 15, 2009. Such funds of the City will be irrevocably deposited with the <br /> -2- <br />