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RES 16-041 RELATING TO $1,455,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2016A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURTIY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT TH
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RES 16-041 RELATING TO $1,455,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2016A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURTIY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT TH
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6.04. Arbitrage Rebate. The City shall take such actions as are required to comply with <br />the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. <br />6.05. Investment of Money on Deposit in the Bond Fund. The Finance Director shall <br />ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit therein ever <br />exceeds the aggregate amount of principal and interest due and payable from the Bond Fund <br />through the next following February 1 plus a reasonable carryover as permitted by the <br />Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield less <br />than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates <br />on their date of issue, computed by the actuarial method. The City reserves the right to amend <br />the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if <br />and to the extent that this Council determines that the provisions of this Section are not necessary <br />in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of <br />the Code and Regulations. <br />6.06. Arbitrage Certification. The Mayor and the City Manager, being the officers of the <br />City charged with the responsibility for issuing the Bonds pursuant to this resolution, are <br />authorized and directed to execute and deliver to the Purchaser a certification in accordance with <br />the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and <br />circumstances in existence on the date of issue and delivery of the Bonds which make it <br />reasonable to expect that the proceeds of the Bonds will not be used in a manner that would <br />cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. <br />6.07. Qualified Tax - Exempt Obligations. The City hereby designates the Bonds as <br />"qualified tax — exempt obligations" for purposes of Section 265(b) of the Code relating to the <br />disallowance of interest expenses for financial institutions. The City represents that in calendar <br />year 2016 it does not reasonably expect to issue tax —exempt obligations which are not private <br />activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private <br />activity bonds for purposes of this representation) in an amount in excess of $10,000,000. <br />6.08. Official Statement. The Official Statement relating to the Bonds, dated April 28, <br />2016, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby <br />approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and <br />distribute to the Purchaser a supplement to the Official Statement listing the offering price, the <br />interest rates, other information relating to the Bonds required to be included in the Official <br />Statement by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the <br />Securities Exchange Act of 1934. Within seven business days from the date hereof, the City <br />shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The <br />officers of the City are hereby authorized and directed to execute such certificates as may be <br />appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. <br />The officers of the City are hereby authorized and directed to execute such certificates as may be <br />appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. <br />6.09. Reimbursement. The City certifies that the proceeds of the Bonds will not be used <br />by the City to reimburse itself for any expenditure with respect to the Improvements which the <br />12 <br />
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