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.,.?,..m.,_?....._._,.,... . . v.._.?.._ . <br />-4- <br />Section 148(f)(4)(C) of the Code or available under Section 148 of the Code, for the purpose <br />of 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, <br />which action shall be in writing and signed by the officer, (b) to take any and all other actions, <br />make or obtain calculations, make payments, and make or give reports, covenants and <br />certifications of and on behalf of the Ciry, as may be appropriate to assure the exclusion of <br />interest from gross income and the intended tax status of the Notes, and (c) to give one or <br />more appropriate certificates of the City, for inclusion in the transcript of proceedings for the <br />Notes, setting forth the reasonable expectations of the City regarding the amount and use of all <br />the proceeds of the Notes, the facts, circumstances and estimates on which they are based, and <br />other facts and circumstances relevant to the tax treatment of the interest on and the tax status <br />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 <br />performed and have been met, in regular and due form as required by law; that the full faith <br />and credit and general property taxing power (as described in Section 9) of the City are <br />pledged for the timely payment of the debt charges on the Notes; and that no statutory or <br />constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of <br />the Notes. <br />Section 13. This Council finds and determines that all formal actions of this <br />Council concerning and relating to the passage of this ordinance were taken in an open meeting <br />of this Council and that all deliberations of this Council and of any committees that resulted in <br />those 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 />permitte y <br />Passed: 1994 <br />Attest: ,-` ?..L-e- <br />erk of Council President of Council <br />Approved: 994 ? `j ..cA..a