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25. Certificate of Registration. The Administrator is hereby directed to file a certified <br />copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such <br />other information as the County Auditor shall require, and to obtain the County Auditor's <br />Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the <br />tax levy required by law has been made. <br />26. Records and Certificates. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the <br />issuance of the Bonds, certified copies of all proceedings and records of the City relating to the <br />Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates <br />and information as are required to show the facts relating to the legality and marketability of the <br />Bonds as the same appear from the books and records under their custody and control or as <br />otherwise known to them, and all such certified copies, certificates and affidavits, including any <br />heretofore furnished, shall be deemed representations of the City as to the facts recited therein. <br />27. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants <br />not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or to <br />cause or permit them to be used, or to enter into any deferred payment arrangements for the cost <br />of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the <br />meaning of Sections 103 and 141 through 150 of the Code. <br />28. Tax - Exempt Status of the Bonds; Rebate. The City is subject to the rebate <br />requirement imposed by Section 148(f) of the Code by reason of issuing (together with all <br />subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than <br />$5,000,000 of tax - exempt governmental obligations during this calendar year as provided in <br />Section 148(f)(4)(D) of the Code and Section 1.148 -8 of the Regulations. <br />29. Designation of Qualified Tax - Exempt Obli atg ions. In order to qualify the Bonds <br />as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the <br />City hereby makes the following factual statements and representations: <br />(a) the Bonds are issued after August 7, 1986; <br />(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; <br />(c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for <br />purposes of Section 265(b)(3) of the Code; <br />(d) the reasonably anticipated amount of tax - exempt obligations (other than private <br />activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will <br />be issued by the City (and all entities treated as one issuer with the City, and all subordinate <br />entities whose obligations are treated as issued by the City) during this calendar year 2011 will <br />not exceed $10,000,000; <br />(e) not more than $10,000,000 of obligations issued by the City during this calendar <br />year 2011 have been designated for purposes of Section 265(b)(3) of the Code; and <br />4378245v1 <br />