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<br />Statement and any supplements thereto for pmposes of marketing or reoffering the Series 2006
<br />Bonds as the officer acting deems -necessary or appropriate to protect the interests of the Issuer.
<br />The Fiscal Officer and the Mayor, or anyone of them, are authorized to execute and deliver, on
<br />behalf of the Issuer in their official capacities, such certificates in connection with the accuracý
<br />of the Official Statement and any supplements thereto as may, in their judgment, be necessary or
<br />appropriate.
<br />The Fiscal Officer is authorized and directed to execute a continuing disclosure
<br />agreement (the "Disclosure Agreement") dated the date of delivery of the Bonds and delivered
<br />to the 6riginal Purchaser for the benefit of the holders of the Series 2006 Bouds and to assist the
<br />Original Purchaser iu complying with S.E.C. Rule 15c2-l2(b)(5).. The DÌsclosure Agreement
<br />shall be in substantially the fonn now ou file, or as will be ou file uo later than the date of
<br />passage of this Series 2006 Baud Legislatiou, with the Fiscal Officer which is hereby approved,
<br />with such changes therein as are not inconsistent with thís Series 2006 Bond Legislation and not
<br />subst,mtially adverse to the Issuer as may be approved by the Fiscal Officer. The approval of
<br />such changes, and that such changes are not substantially adverse to the Issuer, shall be
<br />conclusively evidenced by the execution of the Disclosure Agreement by the Fiscal Officer.
<br />The Clerk shall furnish to the Original Purchaser a true transcript of proceedings
<br />certified by the Clerk, of all proceedings had with refereuce to the issÚance of the Series 2006
<br />Bonds along with such other infonnatioll. for the records of the Issuer as is necessary to
<br />determine the regolarity and validity of the issuance of the Series 2006 Bonds
<br />Section 8 Tax Cömoliance Covenants. The Issuer covenants that it will
<br />restrict, ~d that it will take such actions as are reasonably necessary to require the Trustee in its
<br />. capacity as Trustee to restrict the use of the proceeds of the Series 2006 Bonds in such manner
<br />and to such extent, if any, as may be necessary, after taking into account reasonable expectations
<br />at the time of the delivery of and payment for the Series 2006 Bauds, so that the Series 2006
<br />Bonds will not constitote arbitrage bonds under Section] 48 of the Internal Revenue Code of
<br />1986, as amended (the "Code;') and the applicable regolatious prescribed under that Sectiou. To
<br />that end, the Authorized Official, or any other officer having responsibility for issuing the Series
<br />2006 Bonds, shall, alone or with any other officer, agent, or employee of or consultant to the
<br />Issuer, give an appropriate certificate of the Issuer for inclusion in the transcript of proceedings
<br />for the Series 2006 Bonds, setting forth the reasouable expectations of the Issuer regarding the
<br />amount and use of all the proceeds of the Series 2006 Bonds and the facts, estimates, and
<br />circumstances on which those expectations are based.
<br />The Issuer covenants and represents that it will take all actions that may be
<br />required of the Issuer for the interest on the Series 2006 Bonds to be and remain excludable from
<br />gross income for federal income tax purposes, and that it has not taken and will not take or omit
<br />to take any actions which, if taken dr omitted, would adversely affect such exclusion from gross
<br />income for federal income tax purposes, under the provisions of the Code and applicable
<br />amendments thereto, until and unless, and except to the extent the Issuer obtains a written
<br />Opinion of Bond Counsel that this covenant need not be complied with in order for the interest
<br />on the Series 2006 Bonds to continue to be excludable from gross income for federal income tax
<br />purposes.
<br />The Issuer will, among other acts of compliance, apply the proceeds of the Series
<br />2006 Bonds, restrict the yield on investments of, or on obligations acquired with, such proceeds,
<br />mak,e timely rebate payments to the federal government, maintain books and records, and refrain
<br />ftom certain uses of proceeds, all in such manner and to the extent necessary for the interest on
<br />the Series 2006 Bonds to be and remain excluded ITom gross income for federal income tax
<br />pmposes; and the Authorized Official and other appropriate officers are hereby authorized and
<br />directed to take any and all such actîons, make such rebate payments, and make or give such
<br />reports and certifications as may be appropriate to assure such exclusion of that interest.
<br />Section 9. Surety Bond and Bond Insurance for the Series 2006 Bonds; Ratings.
<br />The Legislative Authority hereby authorizes the Fiscal Officer, if recommended by the Original
<br />Purchaser and determined by the Fiscal Officer to be available and to be financially beneficial to
<br />the Issuer to make application for, and to purchase, with respect to the Series 2006 Bonds, a
<br />surety bond in satisfactiou of the Bond Reserve Requirement for the Series 2006 Bouds and
<br />hereby ratifies any such application heretofore made. Reasonably standard provisions pertaining
<br />to such surety boud and reasonable changes to the First Supplemental Indenture relating to such
<br />surety bond shall be approved by the officers executing the First Supplemental Indenture, which
<br />approval shall be evidenced by their execution thereof
<br />In connection with obtaining such a surety bond for the Series 2006 Bonds, the
<br />Legislative Authority hereby determines that it is (a) impractical to obtain such a surety bond
<br />under competitive bidding procedures and (b ) cost-effective and in the best interests of the Issuer
<br />
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