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• <br />• <br />• <br />which will be spread upon the tax rolls and collected with and as part of other general taxes of <br />the City. The taxes will be credited to the Debt Service Fund above provided and will be in the <br />years and amounts as follows (year stated being year of levy for collection the following year): <br />Year Levy <br />(See EXHIBIT B) <br />Section 5. Authentication of Transcript. <br />5.01. The officers of the City are authorized and directed to prepare and furnish to the <br />Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of <br />the City relating to the Bonds and to the financial condition and affairs of the City, and such other <br />certificates, affidavits and transcripts as may be required to show the facts within their knowledge or <br />as shown by the books and records in their custody and under their control, relating to the validity <br />and marketability of the Bonds and such instruments, including any heretofore furnished, will be <br />deemed representations of the City as to the facts stated therein. <br />5.02. The Mayor, City Administrator and Finance Director are hereby authorized and <br />directed to certify that they have examined the Official Statement prepared and circulated in <br />connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief <br />the Official Statement is a complete and accurate representation of the facts and representations <br />made therein as of the date of the Official Statement. <br />Section 6. Tax Covenant. <br />6.01. The City covenants and agrees with the holders from time to time of the Bonds that <br />it will not take or permit to be taken by any of its officers, employees or agents any action which <br />would cause the interest on the Bonds to become subject to taxation under the Internal Revenue <br />Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in <br />effect at the time of such actions, and that it will take or cause its officers, employees or agents to <br />take, all affirmative action within its power that may be necessary to ensure that such interest will <br />not become subject to taxation under the Code and applicable Treasury Regulations, as presently <br />existing or as hereafter amended and made applicable to the Bonds. <br />6.02. The City will comply with requirements necessary under the Code to establish and <br />maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the <br />Code, including without limitation requirements relating to temporary periods for investments, <br />limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of <br />excess investment earnings to the United States. <br />6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit <br />it to be used, in such a manner as to cause the Bonds to be "private activity bonds" (other than <br />qualified 501(c)(3) bonds) within the meaning of Sections 103 and 141 through 150 of the Code. <br />12 <br />