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<br />. <br /> <br />. <br /> <br />. <br /> <br />calendar year is not reasonably expected to exceed $5,000,000, <br />all within the meaning of Section 148(f) (4) (D) of the Code. <br /> <br />For purposes of substantiating the determination that the <br />Bonds, being refunding bonds, are eligible for exception from <br />rebate pursuant to the above, in particular because they meet the <br />applicable requirements set out in Section 148 (f) (4) (D) (v) of the <br />Code, the City hereby represents and determines that (1) the <br />Prior Bonds were issued in 1989 by the City, which was at that <br />time and is now a governmental unit with general taxing powers; <br />(2) the Prior Bonds were not private activity bonds under <br />Sections 103 and 141 through 150 of the Code, and the City <br />qualified the Bonds within the "small-issuer" exception of [then] <br />Section 148 (f) (4) (C) of the Code; (3) 95% or more of the net <br />proceeds of the Prior Bonds were used for local governmental <br />activities of the City; (4) the City, together with all issuers <br />subordinate to or treated as one issuer with the City, did not <br />issue in excess of $5,000,000 of bonds (other than private <br />activity bonds) during calendar year 1989; (5) the average <br />maturity date of the Bonds is not later than the average maturity <br />date of the Refunded Bonds; and (6) none of the Bonds has a <br />maturity date which is later than 30 years after the date on <br />which the Prior Bonds were issued. <br /> <br />26. Designation of Oualified Tax-Exemot Obliqations. <br />In order to qualify the Bonds as "qualified tax-exempt <br />obligations" within the meaning of Section 265(b) (3) of the Code, <br />the City hereby makes the following factual statements and <br />representations: <br /> <br />(a) the Bonds are issued after August 7, 1986; <br /> <br />(b) the Bonds are not "private activity bonds" as <br />defined in Section 141 of the Code (reorganizing that, <br />pursuant to Section 265(b) (3) (B) (ii) (I) of the Code, the <br />Bonds, being "qualified 501 (c) (3) bonds", are not treated as <br />private activity bonds for this purpose) ; <br /> <br />(c) the City hereby designates the Bonds as "qualified <br />tax-exempt obligations" for purposes of Section 265 (b) (3) of <br />the Code; <br /> <br />(d) the reasonably anticipated amount of tax-exempt <br />obligations (other than private activity bonds, treating <br />qualified 501(c) (3) bonds as not being private activity <br />bonds) which will be issued by the City (and all entities <br />subordinate to, or treated as one issuer with, the City) <br />during calendar year 1996 is not reasonably anticipated to <br />exceed $10,000,000; and <br /> <br />(e) not more than $10,000,000 of obligations issued by <br />the City (or any entity subordinate to, or treated as one <br /> <br />311 080. 1 <br /> <br />23 <br />