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(2) The proceeds to be received from the sale of any notes issued to refund the <br /> Notes and of the Bonds in anticipation of wifich the Notes are issued. <br /> <br />(3) Any money remaining frown the sale of the Notes and not required for the <br /> payment of costs of the Project. <br /> <br />The Debt Service on the Notes must be paid at their maturity from any of the <br />amounts set forth above pledged to their payment, or any funds of the City <br />otherwise available for their payment. <br /> <br />(~) <br /> <br />During the years while the Notes are outstanding, there will be levied on all the <br />taxable property in the City, in addition to all other taxes, a direct tax annually, <br />subject to tax lknitations, not less than the tax that would have been levied had the <br />Bonds been issued without the prior issue of the Notes. The tax must be and is <br />ordered to be computed, certified, levied, and extended upon the tax list and <br />collected by the same officers, in the same manner, and at the same time that <br />taxes for general purposes for each of those years are computed~ certified, levied, <br />extended, and collected Tl~e tax must be placed before and in preference to all <br />other items and for its full amount. The money derived from that tax levy must be <br />placed in the Bond Retirement Fund of the City and is irrevocably pledged for the <br />payment of {he Debt Service on the Notes, when and as that Debt Service falls <br />due. If any of the following amounts are available for the payment of the Notes <br />and are appropriated for that purpose, the amount of the tax levy in each year <br />must be reduced by the amount available and appropriated: <br /> <br />(I) Any surplus in the Bond Retirement Fund <br /> <br />(2) Proceeds received from the sale of the Bonds or any notes issued to refined <br /> or renew the Notes <br /> <br />(3) Any oth~r muney lawfully available to the City. <br /> <br /> Section 11. Federal Tax Matters_~ The City covenants that it will take those actions <br />required to maintain the Federal Tax Status on the Notes and that it will not take or permit to be <br />taken any actions that would adversely affect that Federal Tax Status. Without limiting these <br />covenants, the City specifically covenants as follows: <br /> <br />(a) <br /> <br />Private Activity Bonds, The City will apply the proceeds received fi'om the sale <br />of the Notes to pay costs of the Project and to pay the Fh~ancing Costs in <br />connection with the Notes. The City will not permit the use offue Project by any <br />person, will not secure or derive the money for payment of Debt Service on the <br />Notes by any property or payments, and will not loan the proceeds of the Notes to <br />any person, all in a mmmer as to cause the Notes to be "private activity bonds" <br />within the meaning of Code Section 141(a). <br /> <br />(b) <br /> <br />Arbitrage, The City will restrict the use of proceeds of the Notes in the manner <br />and to the extent as may be necessary, afier taking into account reasonable <br />expectations at the time of the delivery of and payment for. the Notes, so that the <br />Notes will not constitute "arbitrage bonds" within the meaning of Code Section <br />148. The Director of Finance or any other official having responsibility for <br />issuing the Notes, is authorized and directed, alone or in conjunction with any <br />other officer, employee, or consultant of the City, to sign and deliver a certificate <br />of the city, for inclusion in the transcript of proc6edings for the Notes, sethng <br />forth the reasonable expectations of the City on the Closing Date, regarding the <br />amount and use of the proceeds of the Notes in accordance with Code Section <br />148. If required, the City will limit the yield on any "investment property" (as <br />defined in Code Section 148(b)(2)) acquired with the proceeds of the Notes. <br /> <br />(c) <br /> <br />Arbitrage Rebate. Unless the gross proceeds of the Notes are expended in <br />accordance with one of the spending period exceptions set forth in Treas. Reg. <br />§ 1 148~7, the City will pay the amounts required by Code Section 148(0(2) to the <br />United States at the times required by Code Section 148(0(3). The City will <br /> <br /> <br />