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20. Certificate of Registration. The Administrator is hereby directed to file a <br />certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together <br />with such other information as he or she shall require, and to obtain the County Auditor's <br />certificate that the Certificates have been entered in the County Auditor's Bond Register, and that <br />the tax levy required by law has been made. <br /> <br /> 21. Records and Certificates. The officers of the City are hereby authorized <br />and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality <br />of the issuance of the Certificates, certified copies of all proceedings and records of the City <br />relating to the Certificates and to the financial condition and affairs of the City, and such other <br />affidavits, certificates and information as are required to show the facts relating to the legality <br />and marketability of the Certificates as the same appear from the books and records under their <br />custody and control or as otherwise known to them, and all such certified copies, certificates and <br />affidavits, including any heretofore furnished, shall be deemed representations of the City as to <br />the facts recited therein. <br /> <br /> 22. Negative Covenant as to Use of Proceeds and Equipment. The City <br />hereby covenants not to use the proceeds of the Certificates or to.use the Equipment, or to cause <br />or permit them to be used, or to enter into any deferred payment arrangements for the cost of the <br />Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the <br />meaning of Sections 103 and 141 through 150 of the Code. <br /> <br /> 23. Tax-Exempt Status of the Certificates; Rebate. The City shall comply <br />with requirements necessary under the Code to establish and maintain the exclusion from gross <br />income under Section 103 of the Code of the interest on the Certificates, including without <br />limitation (1) requirements relating to temporary periods for investments, (2) limitations on <br />amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess <br />investment earnings to the United States if the Certificates (together with other obligations <br />reasonably expected to be issued and outstanding at one time in this calendar year) exceed the <br />small-issuer exception amount of $5,000,000. <br /> <br /> For purposes of qualifying for the exception to the federal arbitrage rebate <br />requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, <br />determines and declares that (1) the Certificates are issued by a governmental unit with general <br />taxing powers, (2) no Certificate is a private activity bond, (3) ninety-five percent (95%) or more <br />of the net proceeds of the Certificates are to be used for local governmental activities of the City <br />(or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), <br />and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) <br />issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with <br />the City) during the calendar year in which the Certificates are issued and outstanding at one <br />time is not reasonably expected to exceed $5,000,000, all within the meaning of Section <br />148(f)(4)(D) of the Code. <br /> <br /> 24. Designation of Qualified Tax-Exempt Obligations. In order to qualify the <br />Certificates as "qualified tax-exempt obligations" within the meaning of Section-265(b)(3) of the <br />Code, the City hereby makes the following factual statements and.representations: <br /> <br />1479134vl 17 <br /> <br /> <br />