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• <br />• <br />• <br />(b) For purposes of qualifying for the small issuer exception to the <br />federal arbitrage rebate requirements, the City hereby finds, determines and <br />declares that the aggregate face amount of all tax- exempt bonds (other than <br />private activity bonds) issued by the City (and all subordinate entities of the <br />City) during the calendar year in which the Bonds are issued and outstanding at <br />one time is not reasonably expected to exceed $5,000,000, all within the meaning <br />of Section 148(f) (4) (C) of the Code. <br />6.03. The City further covenants not to use the proceeds of the Bonds or <br />to cause or permit them or any of them to be used, in such a manner as to cause <br />the Bonds to be "private activity bonds" within the meaning of Sections 103 and <br />141 through 150 of the Code. <br />6.04. In order to qualify the Bonds as "qualified tax- exempt obligations" <br />within the meaning of Section 265(b)(3) of the Code, the City hereby makes the <br />following factual statements and representations: <br />(a) the Bonds are not "private activity bonds" as defined in Section <br />141 of the Code; <br />(b) the City hereby designates the Bonds as "qualified tax - exempt <br />obligations" for purposes of Section 265(b)(3) of the Code; <br />(c) the reasonably anticipated amount of tax- exempt obligations <br />(other than private activity bonds, treating qualified 501(c) (3) bonds as <br />not being private activity bonds) which will be issued by the City (and all <br />subordinate entities of the City) during calendar year 1988 will not <br />exceed $10,000,000; and <br />(d) not more than $10,000,000 of obligations issued by the City <br />during calendar year 1988 have been designated for purposes of Section <br />265(b)(3) of the Code. <br />6.05. The City shall use its best efforts to comply with any federal <br />procedural requirements which may apply in order to effectuate the designations <br />made by this section. <br />The motion for the adoption of the foregoing resolution was duly seconded <br />by Member Reinert , and upon vote being taken thereon, the <br />following voted in favor thereof: All Members <br />and the following voted against the same: None <br />whereupon said resolution was declared duly passed and adopted. <br />