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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 /> <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 /> <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 />City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with <br />respect to such prior expenditures, the City shall have made a declaration of official intent which <br />complies with the provisions of Section 1.150-2 of the Regulations; provided that this <br />certification shall not apply (i) with respect to certain de minimis expenditures, if any, with <br />respect to the Improvements meeting the requirements of Section 1.150-2(f)(1) of the <br />Regulations, or (ii) with respect to “preliminary expenditures” for the Improvements as defined <br />in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and <br />similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of <br />the Bonds. <br /> <br />Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the <br />public availability of certain information relating to the Bonds and the security therefor and to <br />permit the Purchaser and other participating underwriters in the primary offering of the Bonds to <br />comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities <br />Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect <br />and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, <br />the City hereby makes the following covenants and agreements for the benefit of the Owners (as <br />hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated <br />person in respect of the Bonds within the meaning of the Rule for purposes of identifying the <br />entities in respect of which continuing disclosure must be made. If the City fails to comply with <br />any provisions of this section, any person aggrieved thereby, including the Owners of any <br />Outstanding Bonds, may take whatever action at law or in equity may appear necessary or <br />appropriate to enforce performance and observance of any agreement or covenant contained in <br />this section, including an action for a writ of mandamus or specific performance. Direct, <br />36