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<br />6. The allocation of proceeds of the bonds to be issued to any Project <br />expenditures described in Exhibit A will be made not later than the later of one year <br />after the expenditure was paid or one year after the property was placed in service. <br /> <br />7. The Project expenditures described in Exhibit A are capital <br />expenditures as defined in Tres. Reg. 1 1.150-1 (h). including costs of issuance of <br />the bonds to be issued in order to reimburse the Project expenditures. <br /> <br />8. Proceeds of the bonds issued to reimburse the Project expenditures <br />described in Exhibit A will be deemed spent only when (1) an allocation entry is made <br />on the books or records of the City with respect to the bonds; (2) the entry <br />identifies an actual expenditure to be reimbursed, or where the Project is described <br />as a fund or account. the fund or account from which the expenditure was paid; and <br />(3) the allocation is effective to relieve the bond proceeds from restrictions on <br />unspent proceeds under appliC'.able documents and state laws. <br /> <br />9. No entity or entities possess simultaneously two or more of the following <br />discretionary and non-ministerial powers with respect to the City: power to (1) <br />remove without cause a controlling portion of the City Council; (2) select, approve, <br />or disapprove a controlling portion of the City Council; (3) determine the City's <br />budget or require the use of the City's funds or assets for the other entity's <br />purpose; or (4) approve, disapprove, or prevent the issuance of debt obligations <br />of the City. <br /> <br />10. None of the proceeds of the bonds issued to reimburse the City for the. <br />Project expenditures described in Exhibit A will be used within one year of the <br />allocation (i) to refund another governmental obligation or (Ii) to create or increase <br />the balance in a sinking fund or replace funds used for such purpose, or (iii) to <br />create or increase the balance in a reserve or replacement fund or replace funds <br />used for such purposes; or will be used at any time to reimburse any person or <br />entity (other than the City) for expenditures originally paid with the proceeds of a <br />City obligation (excluding a City inter-fund borrowing); unless (i) such amounts are <br />deposited in a bona fide debt service fund or are used to pay debt service in the <br />next one-year period on any City obligation other than the reimbursement bond, or <br />(ii) the original issue was not reasonably expected to be used to finance the <br />expenditure. <br /> <br />11. No action or inaction by the City with respect to the allocation of bond <br />proceeds to reimbursement of Project expenditures will be an artifice or device to <br />avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate <br />requirements. <br /> <br />12. The procedures described in this resolution shall cease to apply to the <br />extent not required by Tres. Reg. 11.103-18 or any successor law, regulation, or <br />ruling. <br /> <br />2 <br />