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<br />e <br /> <br />e <br /> <br />(i) Levy an ad valorem tax that will be sufficient to provide funds to pay the current interest on the <br />Bonds and to provide the necessary sinking fund, all as described in this Ordinance: and <br /> <br />(ii) Keep proper books of record and account in which full, true. and correct entries will be made of all <br />dealings, activities, and transactions relating to the Funds crented pursuant to this Ordinance. and all books, <br />documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon <br />request from any Owner. <br /> <br />(c) Covenants Re~ardiDJ~ Tax Exemption of Interest on the Bonds, The Issuer covenants to take any action <br />to maintain, or reCrain from any action which would adversely affect, the treatment of the Bonds as obligations <br />described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for <br />purposes of federal income taxation. In furtherance thereof, the Issuer specifically covenants as follows: <br /> <br />(i) To take any action to assure that no more than 10% of the proceeds of the Bonds Oess amounts <br />deposited to a reserve fund, if ,any) are used for any "private business use," as defined in section 141(b)(6) of <br />the Code or, if more than 10% of the proceeds are so used, that amounts, whether or not received by the Issuer <br />with respect to such private business use, do not under the tenns of this Ordinance or any underlying <br />arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service <br />on the Bonds, in contravention of section 141(b)(2) of the Code; <br /> <br />(ii) To take any action to assure that in the event that the "private business use" described in subsection <br />(i) hereof exceeds 5% of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any), then <br />the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate," <br />within the meaning of section 141(b)(3) of the Code, to the governmental use; <br /> <br />(iii) To take any action to assure that no amount which is greater than the lesser of $5,000,000 or 5% <br />of the proceeds of the Bonds (less amounts deposited into a reserve fund. if any) is directly or indirectly used <br />to fmance loans to persons, other than state or local governmental units. in contravention of section 141(c) of <br />the Code; <br /> <br />(iv) To reCrain from taking any action which would otherwise result in the Bonds being treated as <br />"private activity bonds" within the meaning of section 141(b) of the Code; <br /> <br />(v) To reCrain from taking any action that would result in the Bonds being "federally guaranteed" within <br />the meaning of section 149(b) of the Code; <br /> <br />(vi) To refrain from using any portion of the proceeds of the Bonds. directly or indirectly, to acquire <br />or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in <br />section 148(b)(2) of the Code) which would produce a materially higher yield over the tenn of the Bonds, <br />other than invesbnent property acquired with -- <br /> <br />(A) proceeds of the Bonds invested for a reasonable temporary period of three years or less, or <br />in the case of a reCunding a period of 30 days or less, until such proceeds are needed for the purpose <br />for which the Bonds are issued, <br /> <br />(B) amounts invested in a bona fide debt service Cund, within the menning of section 1.103- <br />13(b)(12) of the Treasury Regulations, and <br /> <br />(C) amounts deposited in any reasonably required reserve or replacement fund to the extent such <br />amounts do not exceed 10% of the proceeds of the Bonds; <br /> <br />(vii) To otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the <br />Bonds, as may be necessary. so that the Bonds do not otherwise contravene the requirements of section 148 <br /> <br />13 <br />