(A) (1) In accordance with § 148(f)(4)(D) of the Internal Revenue Code (afterwards, simply referred to as the “Code” in this subchapter, and in particular being 26 U.S.C. § 148(f)(4)(D)), the issuer covenants that it is a governmental unit with general taxing powers; that no part of the Series 1998 B Notes are private activity bonds; that 95% or more of the net proceeds of the Series 1998 B Notes are to be used for local governmental activities of the issuer (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the issuer); and that the aggregate face amount of all the tax- exempt obligations (other than private activity bonds) issued by the issuer during the calendar year in which the Series 1998 B Notes are issued does not and will not exceed $5,000,000, or other amount deemed appropriate by the Municipal Court, determined in accordance with Section 148(f)(4)(D) of the Code and the regulations from time to time in effect and applicable to the Series 1998 B Notes.
(2) For purposes of this division (A) and for purposes of applying § 148(f)(4)(D) of the Code, the issuer and all entities which issue obligations on behalf of the issuer shall be treated as one issuer; all obligations issued by a governmental unit to make loans to other governmental units with general taxing powers not subordinate to such unit shall, for purposes of applying this division (A) and § 148(f)(4)(D) of the Code, be treated as not issued by such unit; all obligations issued by a subordinate entity shall, for purposes of applying this division (A) and § 148(f)(4)(D) of the Code to each other entity to which such entity is subordinate, be treated as issued by such other entity; and an entity formed (or, to the extent provided by the Secretary, as set forth in the Code, availed of) to avoid the purposes of such § 148(f)(4)(D) of the Code and all other entities benefitting thereby shall be treated as one issuer.
(B) (1) Notwithstanding the foregoing, if in fact the issuer is subject to the rebate requirements of § 148(f) of the Code, and not exempted from such requirements, the issuer covenants to make, or cause to be made, all rebate calculations, computations, and payments in the time, manner, and as required in § 148(f) of the Code and the regulations from time to time in effect and applicable to the Series 1998 B Notes and otherwise covenants and agrees to comply with the provisions of such § 148(f) of the Code and the regulations from time to time in effect and applicable to the Series 1998 B Notes.
(2) In the event of a failure to pay the correct rebate amount or amounts, the issuer will pay, from any lawful sources available therefor, to the United States such amount or amounts, plus a penalty equal to 50% of the rebate amount not paid when required to be paid, plus interest on that amount, unless waived. In order to provide for the administration of this division (B), the issuer may provide for the employment of independent attorneys, accountants, and consultants compensated on such reasonable basis as the issuer may deem appropriate.
(C) (1) The issuer shall furnish to the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes, annually and at such time as it is required to perform its rebate calculations under the Code, a certificate with respect to its rebate calculations and, at any time, any additional information relating thereto as may be requested by the Series 1998 B Note. Original purchaser or any subsequent holder of the Series 1998 B Notes.
(2) In addition, the issuer shall cooperate with the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes in preparing any required rebate calculations and in all other respects in connection with such rebates by the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes at the expense of the issuer.
(D) (1) The issuer shall submit to the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes within 15 days following the end of each note year a certified copy of its rebate calculation or, if the issuer qualifies for the small governmental issue exception to rebate, the issuer shall submit a certificate stating that it is exempt from the rebate provisions and that no event has occurred to its knowledge during the note year which would make the Series 1998 Notes subject to rebate.
(2) The issuer shall also furnish to the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes, at any time, such additional information relating to rebate as may be reasonably requested by the Series 1998 B Note original purchaser or any subsequent holder of the Series 1998 B Notes, including information with respect to earnings on all funds constituting “gross proceeds” of the Series 1998 B Notes (as such term “gross proceeds” is defined in the Code).
(Ord. passed - -)