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08-008 RES
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08-008 RES
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2/8/2008 1:48:33 PM
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City Government
type
RES
date
1/22/2008
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30. 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 City) more than <br />$5,000,000 oftax-exempt governmental obligations during this calendar year as provided in <br />Section 148(fx4)(D) of the Code and Section 1.148-8 of the Regulations. <br />31. Designation of Oualified Tax-Exempt Obli ag tions. 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 aze 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 oftax-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 aze treated as issued by the City) during this calendaz year 2008 will <br />not exceed $10,000,000; <br />(e) not more than $10,000,000 of obligations issued by the City during this calendaz • <br />year 2008 have been designated for purposes of Section 265(b)(3) of the Code; and <br />(f) the aggregate face amount of the Bonds does not exceed $10,000,000. <br />The City shall use its best efforts to comply with any federal procedural requirements which may <br />apply in order to effectuate the designation made by this pazagraph. <br />32. Official Statement. The Official Statement relating to the Bonds prepared and <br />distributed by Ehlers is hereby approved and the officers of the City aze authorized in connection <br />with the delivery of the Bonds to sign such certificates as may be necessary with respect to the <br />completeness and accuracy of the Official Statement. <br />33. Supplemental Resolution. The Prior Resolutions are hereby supplemented to the <br />extent necessary to give effect to the provisions hereof. <br />34. Continuing Disclosure. The City is the sole obligated person with respect to the <br />Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), <br />promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the <br />Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the <br />"Undertaking") hereinafter described to: <br />(a) Provide or cause to be provided to each nationally recognized municipal securities <br />information repository ("1VRMSIR") and to the appropriate state information depository ("SID"), • <br />if any, for the State of Minnesota, in each case as designated by the Commission in accordance <br />n ~6ooi~~ 20 <br />
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