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2012_0227_packet
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241 final project has achieved a reduction in energy consumption in publicly- <br />242 owned buildings by at least 20 %. <br />243 (c) The Finance Director shall ensure that all contracts let for projects financed with <br />244 direct pay bonds shall comply with the federal Davis -Bacon prevailing wage rules. <br />245 6. Taxable Governmental Bonds. <br />246 Most of the provisions of these policies and procedures are not applicable to governmental bonds the <br />247 interest on which is includable in gross income for federal income tax purposes. However, if an issue <br />248 of taxable governmental bonds is later refunded with the proceeds of an issue of tax - exempt <br />249 governmental refunding bonds, then the uses of the proceeds of the taxable governmental bonds and the <br />250 uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to <br />251 the tax - exempt status of the governmental refunding bonds. Therefore, if there is any reasonable <br />252 possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the <br />253 proceeds of an issue of tax - exempt governmental bonds then, for purposes of these policies and <br />254 procedures, the Finance Director shall treat the issue of taxable governmental bonds as if such issue <br />255 were an issue of tax - exempt governmental bonds and shall carry out and comply with the requirements <br />256 of these policies and procedures with respect to such taxable governmental bonds. The Finance <br />257 Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of <br />258 issuing tax - exempt governmental bonds to refund an issue of taxable governmental bonds. <br />259 7. Qualified 501(c)(3) Bonds. <br />260 If the City issues bonds to finance a facility to be owned by the City but which may be used, in whole <br />261 or in substantial part, by a nongovernmental organization that is exempt from federal income taxation <br />262 under Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the Code (a <br />263 "501(c)(3) Organization "), the City may elect to issue the bonds as "qualified 501(c)(3) bonds" the <br />264 interest on which is exempt from federal income taxation under Sections 103 and 145 of the Code and <br />265 applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, <br />266 at the election of the Finance Director, for purposes of these policies and procedures, the Finance <br />267 Director may treat such issue of qualified 501(c)(3) bonds as if such issue were an issue of tax-exempt <br />268 governmental bonds and shall carry out and comply with the requirements of these policies and <br />269 procedures with respect to such qualified 501(c)(3) bonds. Alternatively, in cases where compliance <br />270 activities are reasonably within the control of the relevant 501(c)(3) Organization, the Finance Director <br />271 may determine that all or some portion of the compliance responsibilities described herein shall be <br />272 assigned to organization. <br />273 8. Conduit Bonds. <br />274 The provisions of these policies and procedures are primarily intended to be applicable to <br />275 governmental bonds. However, the City may from time to time issue qualified 501(c)(3) bonds or <br />276 other qualified private activity bonds that are not governmental bonds and loan the proceeds thereof to a <br />277 nongovernmental organization that is the obligor on such conduit bonds. Although such conduit bonds <br />278 are not governmental bonds, at the election of the Finance Director, for purposes of these policies and <br />279 procedures, the Finance Director may treat such issue of conduit bonds as if such issue were an issue of <br />Page 11 of 12 <br />
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