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-5- <br />action shall be in writing and signed by the officer, (b) to take any and all other actions, make <br />or obtain calculations, make payments, and make or give reports, covenants and certifications <br />of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross <br />income and the intended tax status of the Notes, and (c) to give one or more appropriate <br />certificates of the City, for inclusion in the transcript of proceedings for the Notes, setting forth <br />the reasonable expectations of the Ciry regarding the amount and use of all the proceeds of the <br />Notes, the facts, circumstances and estimates on which they are based, and other facts and <br />circumstances relevant to the tax treatment of the interest on and the tax status of the Notes. <br />Each covenant made in this Section with respect to the Notes is also made with <br />respect to all issues any portion of the debt service on which is paid from proceeds of the Notes <br />(and, if different, the onginal issue and any refunding issues in a series of refundings), to the <br />extent such compliance is necessary to assure exclusion of interest on the Notes from gross <br />income for federal income tax purposes, and the officers identified above are authorized to take <br />actions with respect to those issues as they are authorized in this Section to take with respect to <br />the Notes. <br />Section 11. The Clerk of Council is directed to deliver a certified copy of this <br />ordinance to the County Auditor. <br />Section 12. This Council determines that all acts and conditions necessary to be <br />done or performed by the City or to have been met precedent to and in the issuing of the Notes <br />in order to make them legal, valid and binding general obligations of the City have been <br />performed and have been met, or will at the time of delivery of the Notes have been performed <br />and have been met, in regular and due form as required by law; that the full faith and credit and <br />general property taxing power (as described in Section 9) of the City are pledged for the timely <br />payment of the debt charges on the Notes; and that no statutory or constitutional limitation of <br />indebtedness or taxation will have been exceeded in the issuance of the Notes. <br />Section 13. This Council finds and determines that all formal actions of this Council <br />concerning and relating to the passage of this ordinance were taken in an open meeting of this <br />Council and that all deliberations of this Council and of any committees that resulted in those <br />formal actions were in meetings open to the public in compliance with the law. <br />Section 14. This ordinance is declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, health, safety and welfare of the City, and for <br />the further reason that this ordinance is required to be immediately effective in order to issue <br />and sell the Notes, which is necessary to enable the City to timely retire the 1994 Notes and <br />thereby preserve its credit; wherefore, this ordinance shall be in full force and effect <br />immediately upon its passage and approval by the Mayor. <br />7- <br />Ma <br />D03:[00523.DOCS.NOR05223]ORD-SPRINGVALE-4.100 <br />Passed: <br />, 1995 <br />? _. ' <br />Attest: <br />Clerk ?of ? Counc <br />Approved: 1995 <br />l ? <br />,,Presi ent of ouncil <br />.S ? 1 i, <br />--r-.- <br />, <br />