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- 5 - <br />conditions are met. for treating the Notes as "qualified tax-exempt obliga- <br />tions" and as not to be taken into account under subparagraph (D) of Section <br />265(b)(3) of the Code, without necessity for further designation, by reason of <br />subparagraph (D)(ii) of Section 265(b)(3) of t. tie Code. Further, tiie City <br />represents and covenants that, during any time or in any manner as might <br />affect the status of the Notes as "qualified tax-exempt obligations", it has <br />not formed or participated in the formation of, or benefited from or availed <br />itself of, any entity in order to avoid the purposes of subparagraph (C) or <br />(D) of Section 265(b)(3) of the Code, and will not form, participate in the <br />formation of, or benefit from or avail itself of, any such entity. The City <br />further represents that the Notes are not being issued as part of a direct or <br />indirect composite issue that combines issues or lots of tax-exempt obliga- <br />tions of different issuers. <br />Ser.tion 11. The Clerk of Council. is directed to deliver a certified <br />copy of this ordinance to the County Auditor. <br />Section 12. This Council determines that all acts and conditions <br />necessary to be done or performed by ttie City or to have been met precedent to <br />and in the issuing of the Notes in order to make them legal, valid and binding <br />general obligations of the City have been performed and have been met, or will <br />at the time of delivery of the Notes have been performed and have been met, in <br />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 <br />pledged for ttie timely payment of t1-e debt charges on the Notes; and that no <br />statutory or constitutional limitation of indebtedness or taxation will have <br />been exceeded in the issuance of the Notes. <br />Section 13. This Council finds and determines that all formal <br />actions of this Council concerning and relating to the passage of this <br />ordinance were taken in an open meeting of this Council and that all. delibera- <br />tions of this Council and of any committees that resulted in those formal <br />actions were in meetings open to the public in compliance with the law. <br />Section 14. This ordinance is <br />necessary for the immediate preservation <br />and welfare of the City, and for the <br />required to be immediately effective in <br />which is necessary to enable the City <br />thereby preserve its credit; wherefore, <br />and effect immediately upon its passage <br />~~ ~ <br />Passed : ~, ;:~, ~-~-c.~ ~..- (~ 1991 <br />~..~~ ` <br />Attest : ,tic. 6i F,. ,u F,_ _~Z : r•. -~:. ~ _- <br />Acting Clerk cif Council <br />Approved: ~ , 1991 <br />Mayor <br />declared to be an emergency measure <br />of the public peace, health, safety <br />further. reason that this ordinance is <br />order to issue and sell the Notes, <br />to timely retire the 1990 Notes and <br />his ordinance shall be in full force <br />nd approval by the Mayor. <br />President of Council <br />