Ord 2021-059/authorizing the issuance of Electric Utility Refunding Bond Series 2021

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(3) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Tax -Exempt Bonds or the Refunded Obligations or the projects financed or refinanced therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (4) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Tax -Exempt Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (5) to refrain from taking any action which would otherwise result in the Tax -Exempt Bonds being treated as "private activity Tax -Exempt Bonds" within the meaning of section 141(b) of the Code; (6) to refrain from taking any action that would result in the Tax -Exempt Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (7) to refrain from using any portion of the proceeds of the Tax -Exempt Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Tax -Exempt Bonds, other than investment property acquired with -- (A) proceeds of the Tax -Exempt Bonds invested for a reasonable temporary period of 3 years or less or, in the case of a current refunding Tax -Exempt Bonds, for a period of 90, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Tax -Exempt Bonds; (8) to otherwise restrict the use of the proceeds of the Tax -Exempt Bonds or amounts treated as proceeds of the Tax -Exempt Bonds, as may be necessary, so that the Tax -Exempt Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (9) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Tax -Exempt Bonds) an amount that is at 19 SanMARCOS\ELectricUliLSysRevBonds\2021: 2116uppOrdmiice