96-071 Ordinance - Laserfiche WebLink

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-7- payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Director of Finance, as the fiscal officer, or any other officer of the City having responsibility for issuance of the Notes is hereby authorized (a) to make or effect any election, selection, designation, choice, consent, approval, or waiver on hehalf of the City with respect to the Notes as the City is pei-mitted or required lo make or give under the federal income tax laws, including, without lirnitation thereto, any of the elections provided for in Section 148(f)(4)(C) of the Cod:, or available uncler Sectiun 148 of the Code, for the purpose of assuring, enhancing or protecting favorable tax treatment or stalus of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducing the Uurden or expense of such compliance, reducing the rebate amount or payments of penalties, or making payments of special amounts in lieu of making computations to determine, or paying, excess earnings as rebate, or obviating those amounts or payments, as determined by that officer, which action shall be in writing and signed by the officer, (b) to take any and all other actions, make or obtain calculations, make payments, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Notes, and (c) to give one or more appropriate certificates of the City, for inclusion in the transcript of proceedangs for the Notes, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Notes, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on and the tax status of the Notes. Section 12. The Clerk of Council is directed to deliver a certified copy of this ordinance to the County Auditor. Section 13. Tliis Council determiries that all acts and conditiuns necessaiy to be done or performed by the City or to have been met precedent to and in the issuing of the Notes in order to make them legal, valid aiid bintii:??,? gene.ai obligations of the City of North Ulrnsted have been performed and have been met, or will at the time of delivery of the Notes have been performed and have been met, in regular and due form as required by law; that the full faith and credit and general property taxing power (as described in Section 10) of the City are pledged for the timely payment of the debt charges on the Notes; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Notes. Section 14. This Council finds and deterniines that all formal actions of this Council and of any of its committees concerning and relating to the passage of th;s ordinance were taken in an open meeting of this Council or those committees and tbat a11 deliberatiolis of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law. D03:[00521DOCS.NOR05225]NO'I'E ORD NM TRAFFIC SIG $30.