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<br />. <br /> <br />12. When the Bond has been paid or otherwise discharged <br />as provided in paragraph 11 above, any remaining funds in <br />the Debt Service Account shall be transferred to the Tax <br />Increment Financing District No. 4 Account and the Tax <br />Increment Financing District No. 5 Account, as the interests <br />of such Accounts appear, where they may then be used for any <br />lawful purpose consistent wi th the Development Program and <br />the respective Tax Increment Financing Plans. <br /> <br />13. The City covenants and agrees wi th the Registered <br />Holder of the Bond herein authorized that it will not take, <br />or permit to be taken, by any of its officers, employees, or <br />agents, any action which would cause the interest on the <br />Bond to become subject to taxation under the United States <br />Internal Revenue Code of 1954, as amended (the "Code"); and <br />that it will take, or it will cause its officers, employees, <br />or agents to take, all affirmative actions within its powers <br />which may be necessary to insure that such interest will not <br />become subject to taxation under the Code. The Code, as <br />used herein, includes all regulations, amended regulations, <br />and proposed regulations issued thereunder, as now existing <br />or as hereafter amended. <br /> <br />14. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser and to <br />O'Connor & Hannan, bond counsel to the City respecting the <br />Bond, certified copies of proceedings and records of the <br />City relating to the Bond and its issuance and to the fi- <br />nancial condition and affairs of the Ci ty, and to provide <br />such other certificates, affidavits, and transcripts as may <br />be required to show the facts within their knowledge or as <br />shown by the books and records in their custody and under <br />their control, relating to the validity and marketability of <br />the Bond, and such instruments, including any heretofore <br />furnished, shall be deemed representations of the City as to <br />the facts stated therein. <br /> <br />15. It is hereby determined that no official statement <br />or prdspectus has been prepared or circulated by the City in <br />connection with the sale of the Bond and that the Purchaser <br />has had the oppor tuni ty to make, in respect of the Bond, <br />such investigation of the Ci ty as the Purchaser may have <br />deemed appropriate. <br /> <br />The motion for the adoption of the foregoing resolution <br /> <br />was duly seconded by Councilmember <br /> <br />Benke <br /> <br />and upon vote being taken thereon, the following voted in <br /> <br />favor thereof: Mayor Harcus, Councilmembers Benke, Blomquist, <br />Janecek, Schmidt <br /> <br />- 9 - <br />