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9/27/2021 3:25:22 PM
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10/5/2006 3:40:49 PM
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City Council
City Council - Type
CC Packets
Date
10/5/2006
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with other obligations reasonably expected to be issued and <br /> outstanding at one time in this calendar year) exceed the <br /> small-issuer exception amount of $5, 000, 000 . <br /> For purposes of qualifying for the exception to the <br /> federal arbitrage rebate requirements for governmental units <br /> issuing $5, 000, 000 or less of bonds, the City hereby finds, <br /> determines and declares that (1) the Bonds are issued by a <br /> governmental unit with general taxing powers, (2) no Bond is a <br /> private activity bond, (3) ninety-five percent (95%) or more of <br /> the net proceeds of the Bonds are to be used for local <br /> governmental activities of the City (or of a governmental unit <br /> the jurisdiction of which is entirely within the jurisdiction of <br /> the City) , and (4) the aggregate face amount of all tax-exempt <br /> bonds (other than private activity bonds) issued by the City (and <br /> all subordinate entities thereof, and all entities treated as one <br /> issuer with the City) during the calendar year in which the Bonds <br /> are issued and outstanding at one time is not reasonably expected <br /> to exceed $5, 000, 000, all within the meaning of Section <br /> 148 (f) (4) (D) of the Code. <br /> 24 . No Designation of Qualified Tax-Exempt <br /> obligations . The Bonds have not been designated as "qualified <br /> tax-exempt obligations" within the meaning of Section 265 (b) (3) <br /> of the Code. <br /> 25 . Compliance with Reimbursement Bond Regulations . <br /> The provisions of this paragraph are intended to establish and <br /> provide for the City' s compliance with United States Treasury <br /> •Regulations Section 1.150-2 (the "Reimbursement Regulations" ) <br /> applicable to the "reimbursement proceeds" of the Bonds, being <br /> those portions thereof which will be used by the City to <br /> reimburse itself for any expenditure which the City paid or will <br /> have paid prior to the Closing Date (a "Reimbursement <br /> Expenditure" ) . <br /> The City hereby certifies and/or covenants as follows : <br /> (a) Not later than 60 days after the date of payment <br /> of a Reimbursement Expenditure, the City (or person <br /> designated to do so on behalf of the City) has made or will <br /> have made a written declaration of the City' s official <br /> intent (a "Declaration") which effectively (i) states the <br /> City' s reasonable expectation to reimburse itself for the <br /> payment of the Reimbursement Expenditure out of the proceeds <br /> of a subsequent borrowing; (ii) gives a general and <br /> functional description of the property, project or program <br /> to which the Declaration relates and for which the <br /> Reimbursement Expenditure is paid, or identifies a specific <br /> fund or account of the City and the general functional <br /> purpose thereof from which the Reimbursement Expenditure was <br /> to be paid (collectively the "Project" ) ; and (iii) states <br /> 1194249.1 26 <br />
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