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06-08-2020 Council Packet
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06-08-2020 Council Packet
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City Council
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Council Packet
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06/08/2020
Council Meeting Type
Regular
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9 <br />the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the <br />City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued <br />and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning <br />of Section 148(f)(4)(D) of the Code. <br /> <br /> 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the <br />Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be <br />“private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. <br /> <br /> 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified <br />tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the <br />following factual statements and representations: <br /> <br /> (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; <br /> <br /> (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for <br />purposes of Section 265(b)(3) of the Code; <br /> <br /> (c) the reasonably anticipated amount of tax-exempt obligations (other than any <br />private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City <br />(and all subordinate entities of the City) during calendar year 2020 will not exceed $10,000,000; <br />and <br /> <br /> (d) not more than $10,000,000 of obligations issued by the City during calendar year <br />2020 have been designated for purposes of Section 265(b)(3) of the Code. <br /> <br /> 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal <br />procedural requirements which may apply in order to effectuate the designations made by this section. <br /> <br /> 6.06. Reimbursement. The City has or may have incurred certain expenditures with respect to the <br />Project that were financed temporarily from other sources but are expected to be reimbursed with proceeds of <br />the Bonds. The City hereby declares its intent to reimburse certain costs of the Project from proceeds of the <br />Bonds (the “Declaration”). This Declaration is intended to constitute a declaration of official intent for <br />purposes of the Section 1.150-2 of the Treasury Regulations promulgated under the Code. <br /> <br /> Section 7. Book-Entry System; Limited Obligation of City. <br /> <br /> 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or <br />printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial <br />issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in <br />the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its <br />successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be <br />registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. <br /> <br /> 7.02. Participants. With respect to Bonds registered in the registration books kept by the <br />Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent <br />will have no responsibility or obligation to any broker dealers, banks and other financial institutions from <br />time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other <br />person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any <br />responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any <br />Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any
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