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event of any current or anticipated deficiency of funds in the <br /> Debt Service Account of amounts needed to make any such payment, <br /> when due, the Council shall levy ad valorem taxes on all taxable <br /> property in the City in the amount of such deficiency. If the <br /> balance in the Debt Service Account is ever insufficient to pay <br /> all principal and interest then due on the Bonds and any other <br /> bonds payable therefrom, the deficiency shall be promptly paid <br /> out of any other funds of the City which are available for such <br /> purpose, and such other funds may be reimbursed with or without <br /> interest from the Debt Service Account when a sufficient balance <br /> is available therein. <br /> 19. Records and Certificates. The officers of the <br /> City are hereby authorized and directed to prepare and furnish to <br /> the Purchaser, and to the attorneys approving the legality of the <br /> issuance of the Bonds, certified copies of all proceedings and <br /> records of the City relating to the Bonds and to the financial <br /> condition and affairs of the City, and such other affidavits, <br /> certificates and information as are required to show the facts <br /> relating to the legality and marketability of the Bonds as the <br /> same appear from the books and records under their custody and <br /> control or as otherwise known to them, and all such certified <br /> copies, certificates and affidavits, including any heretofore <br /> furnished, shall be deemed representations of the City as to the <br /> facts recited therein. <br /> 20. Negative Covenant as to Use of Improvements. The <br /> City hereby covenants not to use the proceeds of the Bonds or to <br /> use the Improvements or to cause or permit the Improvements to be <br /> used, or to enter into any deferred payment arrangements for the <br /> cost of the Improvements, in such a manner as to cause the Bonds <br /> to be "private activity bonds" within the meaning of Sections 103 <br /> and 141 through 150 of the Code. <br /> 21. Tax-Exempt Status of the Bonds; Rebate. The City <br /> shall comply with requirements necessary under the Code to <br /> establish and maintain the exclusion from gross income under <br /> Section 103 of the Code of the interest on the Bonds, including <br /> without limitation but only if and to the extent applicable (1) <br /> requirements relating to temporary periods for investments, (2) <br /> limitations on amounts invested at a yield greater than the yield <br /> on the Bonds, and (3) the rebate of excess investment earnings to <br /> the United States if the Bonds (together with other obligations <br /> reasonably expected to be issued and outstanding at one time in <br /> this calendar year) exceed the small-issuer exception amount of <br /> $5, 000, 000. For purposes of qualifying for the small issuer <br /> exception to the federal arbitrage rebate requirements, the City <br /> hereby finds, determines and declares that (1) the Bonds are <br /> issued by a governmental unit with general taxing powers, (2) no <br /> Bond is a private activity bond, (3) ninety-five percent (95%) or <br /> more of the net proceeds of the Bonds are to be used for local • <br /> governmental activities of the City (or of a governmental unit <br /> 16244 <br /> 18 <br />