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- 3 - <br />the Notes are being issued. Any portion of those proceeds representing pre- <br />mium and accrued interest shall be paid into the Bond Retirement Fund. <br />Section 8. The ua.r value to be received from the sale of the Bonds <br />or of. any renewal notes aril] any excess funds resulting from the issuance of <br />the Notes shall, to the extent necessary, be used to pay the principal of and <br />interest on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are out- <br />standing, there shall be levied on all the taxable property in the City, in <br />addition to all other taxes, the same tax that would have been levied if the <br />Bonds had been issued without the prior issuance of the Notes. The tax shall <br />be within the 11.1-mill limitation provided by the Charter of the City, shall. <br />be and is ordered computed, certified, levied and extended upon the tax dupli- <br />cate and collected by the same officers, in the same manner, and at the same <br />time that taxes for general purposes for each of those years are certified, <br />levied, extended and collected, and shall be placed before and i.n preference <br />to aJ.l other items and for the full amount thereof. The proceeds of the tax <br />levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged <br />for the payment of. the principal of and interest on the Notes or the Bonds <br />when and as the same fall due. <br />Ser_tion 10. The City covenant;s that. it will restrict the u.se of the <br />proceeds of the Notes in such manner ,and to such extent; .if. any, as may be <br />necessary so that. the Notes wiJ.l not constitute arbitrage bonds under Section <br />148 of the internal Revenue Code of 1.986, as amended (the Code). The Director <br />of I'inaxice, as the fisc:a:l officer, or any other officer of the City having <br />responsibility for the issuance of the Notes shall give an appropriate certif- <br />icate of the City, for inr.lusion in the transcript. of proceedings for the <br />Notes, setting forth the reasonable expectations of the City regarding the <br />amount and use of all the proceeds of the Notes, the facts, circumstances and <br />estimates on which they are based, and other facts and circumst.arces relevant <br />to the tax treatment of the interest on the Notes. <br />The City covenants that it (a) will take or cause to be taken such <br />actions that may be .required of it for the interest on the Notes to be and <br />remain excluded from gross income for federal income t,ax purposes, and (b) <br />will not take or authorize to be taken any actions that would adversely affect <br />that exclusion, and that it, or persons acting for it, will, among other acts <br />of compliance, (i) apply the proceeds of the Notes to the governmental purpose <br />of the borrowing, (ii.) restrict the yield on investment property acquired with <br />those proceeds, (iii) make timely rebate payments to the federal government, <br />(iv) maintain books and records and make calculations and reports, and (v) <br />.refrain from certain uses of those proceeds, all in such manner and to the <br />extent- necessary to assure such exclusion of that interest under the Code. <br />The Director of Finance and other appropriate officers are authorized and <br />directed to take any anal all actions, make oal.culations and rebate payments, <br />and make or give repor.-ts and certifications, as may be appropriate to assure <br />such exclusion of that. interest. <br />The City represents that the 1988 Notes were designated as "qualified <br />tax-exempt obligations" pursuant to Section 265(b)(3) of the Code. The City <br />covenants that it will redeem the .1938 Notes from proceeds of, and within 90 <br />