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time of the delivery of any payment for the Notes, so that the Notes <br />will not constitute arbitrage bonds under Section 103(c) of the Internal <br />Revenue Code and the applicable income tax regulations under that Sec- <br />tion. The fiscal officer or any other officer, including the Clerk of <br />Council, having responsibility for issuing said Notes is authorized and <br />directed, alone or in conjunction with any of the foregoing or with any <br />other officer, employee, or consultant of the City, to give an appropri- <br />ate certificate of the City's reasonable expectations, as of the date of <br />delivery of the Notes, for inclusion in the transcript of proceedings, <br />which shall state (in b~tef and summary terms) the facts and estimates <br />on which the City's reasonable expectations as to future events are <br />based and state that, to the best of the knowledge and belief of the <br />certifying officer, the City's expectations are reasonable. <br /> <br /> In order to obtain and preserve the exemption from federal <br />income tax of interest on the Notes, the City further covenants that it <br />will take all actions that may be required of it, and will not take any <br />actions which would adversely affect such exemption, under the provi- <br />sions of any federal tax law that applies to the Notes, whether pre- <br />sently in effect or enacted subsequent to the date of issuance of the <br />Notes, specifically including, but not limited to, provisions requiring <br />or pertaining to restricting the amount of proceeds invested at a yield <br />higher than the yield on the Notes, expending proceeds and portions <br />thereof within the times provided, making reports to the United States, <br />and the rebate of certain excess earnings from the investment of the <br />proceeds to the United States. The Director of Finance and other appro- <br />priate officers are hereby authorized to make any such rebate or rebates <br />of such excess investment earnings and to take such other actions and <br />give such certifications on behalf of the City as may be appropriate for <br />the purposes aforesaid. <br /> <br /> Section 6. The Notes shall be the full general obligations of <br />the City of Lakewood and the full faith, credit and revenue of said City <br />are hereby pledged for the prompt payment of the same. The par value to <br />be received from the sale of the bonds anticipated by the Notes and any <br />excess funds resulting from the issuance of the Notes shall, to the <br />extent necessary, be used only for the retirement of the Notes at matur- <br />ity, together with the interest thereon, and is hereby pledged for such <br />purpose. <br /> <br /> Section 7. In the event the assessments are not levied, or <br />bonds are not issued to provide a fund for the payment of the Notes at <br />maturity, during the year or years while the Notes run, there shall be <br />levied on all the taxable property in the City of Lakewood, in addition <br />to all other taxes, a direct tax annually not less than that which would <br />have been levied if bonds had been issued without the prior issue of the <br />Notes. Said tax shall be and is hereby ordered computed, certified, <br />levied and extended upon the tax duplicate and collected by the same <br />officers, in the same manner and at the same time that taxes for general <br />purposes of each of said years are certified, extended and collected. <br />Said tax shall be placed before and in preference to all items and for <br />the full amount thereof.. The funds derived from said tax levies hereby <br />required shall be placed in a separate and distinct fund which, together <br />with the interest collected on the same shall be irrevocably pledged for <br />the payment of the principal of and interest on the Notes or the bonds <br />in anticipation of which they are issued, when and as the same falls <br />due; provided, however, that in each year to the extent that revenues <br /> <br />-3- <br /> <br /> <br />