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notice of such redemption has been duly given as provided herein. The City may also at any time <br />discharge its obligations with respect to any Bonds, subject to the provisions of law now or <br />hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the <br />Registrar or with a bank or trust company qualified by law to act as an escrow agent for this <br />purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing <br />interest payable at such times and at such rates and maturing or callable at the holder's option on <br />such dates as shall be required to pay all principal and interest to become due thereon to maturity <br />or, if notice of redemption as herein required has been irrevocably provided for, to an earlier <br />designated redemption date. If such deposit is made more than ninety days before the maturity <br />date or specified redemption date of the Bonds to be discharged, the City must have received a <br />written opinion of Bond Counsel to the effect that such deposit does not adversely affect the <br />exemption of interest on any Bonds from federal income taxation and a written report of an <br />accountant or investment banking firm verifying that the deposit is sufficient to pay when due all <br />of the principal and interest on the Bonds to be discharged on and before their maturity dates or <br />earlier designated redemption date. <br />SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING <br />DISCLOSURE. <br />9.01. General Tax Covenant. The City agrees with the registered owners 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 that would cause interest on the Bonds to become includable in gross income of <br />the recipient under the Internal Revenue Code of 1986, as amended (the "Code") and applicable <br />Treasury Regulations (the "Regulations"), and agrees to take any and all actions within its powers <br />to ensure that the interest on the Bonds will not become includable in gross income of the recipient <br />under the Code and the Regulations. All proceeds of the Bonds deposited in the Project Fund will <br />be expended solely for the payment of the costs of the Project. The Project is and will be owned <br />and maintained by the City and available for use by members of the general public on a <br />substantially equal basis. The City shall not enter into any lease, management contract, use <br />agreement, capacity agreement or other agreement with any non -governmental person relating to <br />the use of the Project, or any portion thereof, or security for the payment of the Bonds which might <br />cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to <br />Section 141 of the Code. <br />9.02. Arbitrage Certification. The Mayor and City Clerk being the officers of the City <br />charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized <br />and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 <br />of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence <br />on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds <br />of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" <br />within the meaning of the Code and Regulations. <br />9.03. Arbitrage Rebate. (a) It is hereby found that the City has general taxing powers, that <br />no Bond is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or <br />more of the net proceeds of the Bonds are to be used for local governmental activities of the City, <br />and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) <br />issued by the City and all subordinate entities thereof during the year 2024 is not reasonably <br />E <br />