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• become due thereon to maturity or, if notice of redemption as herein required has been duly <br /> provided for, to such earlier redemption date. <br /> Section 6. County Auditor Registration Certification of Proceedings. Investment <br /> of Money. Arbitrage and Official Statement. <br /> 6.01. County Auditor Registration. The City Clerk is hereby authorized and <br /> directed to file a certified copy of this Resolution with the County Auditors of Hennepin and <br /> Ramsey Counties, together with such other information as the County Auditors shall require, and <br /> to obtain from said County Auditors a certificate that the Bonds have been entered on his bond <br /> register and the taxes described in Section 4.05 hereof have been levied as required by law. <br /> 6.02. Certification of Proceedings. The officers of the City and the County <br /> Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and <br /> furnish to the Purchaser and to Dorsey& Whitney LLP, Bond Counsel to the City, certified <br /> copies of all proceedings and records of the City, and such other affidavits, certificates and <br /> information as may be required to show the facts relating to the legality and marketability of the <br /> Bonds as the same appear from the books and records under their custody and control or as <br /> otherwise known to them, and all such certified copies, certificates and affidavits, including any <br /> heretofore furnished, shall be deemed representations of the City as to the facts recited therein. <br /> • 6.03. Covenant. The City covenants and agrees with the holders from time to <br /> time of the Bonds that it will not take or permit to be taken by any of its officers, employees or <br /> agents any action which would cause the interest on the Bonds to become subject to taxation <br /> under the Internal Revenue Code of 1986, as amended (the "Code"), and Regulations <br /> promulgated thereunder(the "Regulations"), as such are enacted or promulgated and in effect on <br /> the date of issue of the Bonds, and covenants to take any and all actions within its powers to <br /> ensure that the interest on the Bonds will not become subject to taxation under such Code and <br /> Regulations. The Improvements are public improvements available for use by members of the <br /> general public on a substantially equal basis. The City will not enter into any lease, use <br /> agreement or other contract respecting the Improvements which would cause the Bonds to be <br /> considered "private activity bonds" or"private loan bonds" pursuant to Section 141 of the Code. <br /> For purposes of complying with the requirements of Section 148(f)(4)(C) of the <br /> Code relating to the exemption of certain small governmental units from the rebate requirements <br /> of the Code, the City represents that: <br /> (i) the City is a governmental unit with general taxing powers; <br /> (ii) the Bonds are not"private activity bonds" as defined in Section 141 of the <br /> Code (Private Activity Bonds); <br /> • -19- <br />