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(i) the average maturity of the Advance Refunding Portion of the Bonds does not <br />exceed the average maturity of the Refunded 2001 Bonds; <br />0) no part of the Current Refunding Portion of the Bonds has a maturity date which <br />is later than the date which is thirty years after the date the Refunded 1998 Bonds were issued; <br />and <br />(k) no part of the Advance Refunding Portion of the Bonds has a maturity date which <br />is later than the date which is thirty years after the date the Refunded 2001 Bonds were issued. <br />29. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds <br />as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the <br />City hereby makes the following factual statements and representations: <br />(a) the Bonds are issued after August 7, 1986; <br />(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; <br />(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for <br />purposes of Section 265(b)(3) of the Code; <br />(d) the reasonably anticipated amount of tax exempt obligations (other than private <br />activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will <br />be issued by the City (and all entities treated as one issuer with the City, and all subordinate <br />entities whose obligations are treated as issued by the City) during this calendar year 2009 will <br />not exceed $30,000,000; <br />(e) not more than $30,000,000 of obligations issued by the City during this calendar <br />year 2009 have been designated for purposes of Section 265(b)(3) of the Code; <br />(f) the aggregate face amount of the Bonds does not exceed $30,000,000; <br />Furthermore, with respect to the Current Refunding Portion of the Bonds: <br />(g) each of the Refunded 1998 Bonds was designated as a "qualified tax exempt <br />obligation" for purposes of Section 265(b)(3) of the Code; <br />(h) the average maturity of the Current Refunding Portion of the Bonds does not <br />exceed the remaining average maturity of the Refunded 1998 Bonds; <br />(i) no part of the Current Refunding Portion of the Bonds has a maturity date which <br />is later than the date which is thirty years after the date the Refunded 1998 Bonds were issued; <br />and <br />0) the Current Refunding Portion of the Bonds is issued to refund, and not to <br />"advance refund" the Prior 1998 Bonds within the meaning of Section 149(d)(5) of the Code, and <br />shall not be taken into account under the $30,000,000 issuance limit to the extent the Current <br />Refunding Portion of the Bonds do not exceed the outstanding amount of the Prior 1998 Bonds. <br />19 <br />2582oo9v1 <br />