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not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of <br /> the Code. <br /> 17. 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 /> (a) the Certificates are issued after August 7, 1986; <br /> (b) the Certificates are not "private activity bonds" as defined in Section 141 of the <br /> Code; <br /> (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" <br /> for 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 2010 will <br /> not exceed $30,000,000; and <br /> (e) not more than$30,000,000 of obligations issued by the City during this calendar <br /> year 2010 have been designated for purposes of Section 265(b)(3) of the Code. <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 paragraph. <br /> 18. Severability. If any section, paragraph or provision of this resolution shall be held <br /> to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, <br /> paragraph or provision shall not affect any of the remaining provisions of this resolution. <br /> 19. Headings. Headings in this resolution are included for convenience of reference <br /> only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. <br /> The motion for the adoption of the foregoing resolution was duly seconded by member <br /> Ryan and, after a full discussion thereof and upon a vote being taken thereon,the following <br /> voted in favor thereof: Mayor Adams, Council Members Ryan and Sjoblad <br /> and the following voted against the same: None <br /> Whereupon the resolution was declared duly passed and adopted. <br /> 11 <br /> 2504596v1 <br />