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<br />. <br /> <br />all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate <br />entities of the City) during the calendar year in which the Bonds are issued is not reasonably <br />expected to exceed $5,000,000, within the meaning of Section 148(t)(4)(C) of the Code. <br /> <br />6.03. The City further covenants not to use the proceeds of the Bonds or to cause or <br />permit them or any of them to be used, in such a manner as to cause the Bonds to be "private <br />activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. <br /> <br />6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the <br />meaning of Section 265(b )(3) of the Code, the City makes the following factual statements and <br />represen tati ons: <br /> <br />(a) the Bonds are not "private activity bonds" as defined in Section 141 of the <br /> <br />Code; <br /> <br />(b) the City hereby designates the Bonds as "qualified tax-exempt <br />obligations" for purposes of Section 265(b )(3) of the Code; <br /> <br />(c) the reasonably anticipated amount of tax-exempt obligations (other than <br />any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by <br />the City (and all subordinate entities of the City) during calendar year 1998 will not <br />exceed $10,000,000; and <br /> <br />(d) not more than $10,000,000 of obligations issued by the City during <br />calendar year 1998 have been designated for purposes of Section 265(b)(3) of the Code. <br /> <br />6.05. The City will use its best efforts to comply with any federal procedural <br />requirements which may apply in order to effectuate the designations made by this section. <br /> <br />6.06. The City has not expended funds for the Project, other than to pay certain <br />engineering costs, that will be reimbursed from the proceeds of the Bonds. <br /> <br />Section 7. <br /> <br />Book-Entry System: Limited Obligation of City. <br /> <br />7.01. The Bonds will be initially issued in the form of a separate single typewritten or <br />printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon <br />initial issuance, the ownership of each Bond will be registered in the registration books kept by <br />the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, <br />New York, New York, and its successors and assigns (DTC). Except as provided in this <br />section, all of the outstanding Bonds will be registered in the registration books kept by the <br />Bond Registrar in the name of Cede & Co., as nominee of DTC. <br /> <br />7.02. With respect to Bonds registered in the registration books kept by the Bond <br />Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the <br />Paying Agent will have no responsibility or obligation to any broker dealers, banks and other <br /> <br />DJK-148161 <br />CE155-15 <br />