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-5- <br />laws, including, without limitation thereto, any of the elections provided for in Section <br />148(f)(4)(C) of the Code or available under Section 148 of the Code, for the purpose of <br />assuring, enhancing or protecting favorable tax treatment or status of the Notes or interest <br />thereon or assisting compliance with requirements for that purpose, reducing the burden or <br />expense of such compliance, reducing the rebate amount or payments of penalties, or making <br />payments of special amounts in lieu of making computations to determine, or paying, excess <br />earnings as rebate, or obviating those amounts or payments, as determined by that officer, which <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 City 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 />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 shall be effective from and after the earliest time <br />permitted by law. <br />Passed: 1995 <br />; <br />Attest: <br />Clerk of Counc' <br />,Y--- ? ? -T-- <br />? <br />President of Council <br />k.,k, C t>(.? ? <br />- <br />D03: (00523. DOCS.NOR05223]ORD_NM_SAN_SWR_2.025