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City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 2000 calendar year is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (D) of the Code. For purposes of substantiating the determination that the Bonds, being refunding bonds, are eligible for exception from rebate pursuant to the above, in particular because they meet the applicable requirements set out in Section 148(f) (4) (D) (v) of the Code, the City hereby represents and determines that (1) the Prior Bonds were issued in 1992 by the City, which was at that time and is now a governmental unit with general taxing powers; (2) the Prior Bonds were not private activity bonds under Sections 103 and 141 through 150 of the Code, and the City qualified the Bonds within the ,,small-issuer" exception of Section 148(f) (4) (D) of the Code; (3) 95% or more of the net proceeds of the Prior Bonds were used for local governmental activities of the City; (4) the City, together with all issuers subordinate to or treated as one issuer with the City, did not issue in excess of $5,000,000 of bonds (other than private activity bonds) during calendar year 1992; (5) the average maturity date of the Bonds is not later than the average maturity date of the Refunded Bonds; and (6) none of the Bonds has a maturity date which is later than 30 years after the date on which the Prior Bonds were issued. 24. Desiqnation of Qualified Tax-Exempt Obliqations. The City hereby designates the Bonds (and hereby treats all $900,000 of the Bonds as "deemed designated" under Section 265(b) (3) (D) (ii) of the Code) as ,,qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code and further represents that: (a) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during calendar year 2000 will not exceed $10,000,000; and (b) not more than $10,000,000 of obligations issued or to be issued by the City during calendar year 2000 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. The City is treating the entire $900,000 principal amount of the Bonds as ,'deemed designated" pursuant to the advice of Bond Counsel and the provisions of Section 265(b) (3) (D) (ii) of the Code by virtue of the facts (1) that the Prior Bonds were ~2~8¢??.~ 23