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• 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes <br /> of this representation) in an amount in excess of $10,000,000. <br /> 8.08. Offering Document. The Preliminary Offering Document relating <br /> to the Bonds, dated July 16, 1997, prepared and distributed on behalf of the City by <br /> Springsted Incorporated, is hereby approved. Springsted Incorporated, is hereby <br /> authorized of behalf of the City to prepare and distribute to the Purchaser a Final <br /> Offering Document in substantially the same form as the Preliminary Offering <br /> Document but listing the offering price, the interest rates, other information relating <br /> to the Bonds required to be included in the Final Offering Document by Rule 15c2-12 <br /> adopted by the Securities and Exchange Commission under the Securities Exchange <br /> Act of 1934. Within seven business days from the date hereof, the City shall deliver <br /> to the Purchaser a reasonable number of copies of the Final Offering Document. <br /> The officers of the City are hereby authorized and directed to execute such certificates <br /> as may be appropriate concerning the accuracy, completeness and sufficiency of the <br /> Final Offering Document. <br /> Section 9. Continuing Disclosure. The Securities and Exchange <br /> Commission has promulgated certain amendments to Rule 15c2-12 under the <br /> Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the "Rule") that make it <br /> unlawful for an underwriter to participate in the primary offering of municipal <br /> securities in a principal amount of $1,000,000 or more unless, before submitting a bid <br /> • or entering into a purchase contract for the bonds, it has reasonably determined that <br /> the issuer or an obligated person has undertaken in writing for the benefit of the <br /> bondholders to provide certain disclosure information to prescribed information <br /> repositories on a continuing basis or unless and to the extent the offering is exempt <br /> from the requirements of the Rule. <br /> The principal amount of the Bonds is less than $1,000,000. The City <br /> hereby represents that it has not issued within the six months before the date of <br /> issuance of the Bonds, and that it reasonably expects that it will not issue within six <br /> months after the date of issuance of the Bonds, other securities of the City of <br /> substantially the same security and providing financing for the same general <br /> purpose or purposes as the Bonds. Consequently, this Council hereby finds that the <br /> Rule is inapplicable to the Bonds, because the aggregate principal amount of the <br /> Bonds and any other securities required to be integrated with the Bonds thereunder <br /> is less than $1,000,000. Therefore, the City will not enter into any undertaking to <br /> provide continuing disclosure of any kind with respect to the Bonds. <br /> • <br /> -23- <br />