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EXHIBIT "A" <br /> WRITTEN PROCEDURES RELATING TO CONTINUING <br /> COMPLIANCE WITH FEDERAL TAX COVENANTS <br /> A. Arbitrage. With respect to the investment and expenditure of the proceeds of the <br /> Bonds, Notes, Certificates, Leases or other Obligations now or hereafter outstanding as having <br /> the interest on such debt exempt from Federal income taxes of the debt holder (the <br /> "Obligations") the Issuer's City Manager or Director of Finance (the "Responsible Person") will, <br /> as applicable to each issuance of Obligations: <br /> • instruct the appropriate person or persons that the construction, renovation or <br /> acquisition of the facilities must proceed with due diligence and that binding contracts for <br /> the expenditure of at least 5% of the proceeds of the Obligations will be entered into <br /> within 6 months of the Issue Date; <br /> • monitor that at least 85% of the proceeds of the Obligations to be used for the <br /> construction, renovation or acquisition of any facilities are expended within 3 years of the <br /> date of delivery of the Obligations ("Issue Date"); <br /> • restrict the yield of the investments to the yield on the Obligations after 3 years of <br /> the Issue Date; <br /> • monitor all amounts deposited into a sinking fund or funds, e.g., the Debt Service <br /> Fund/Bond Fund/Interest and Sinking Fund, to assure that the maximum amount invested <br /> at a yield higher than the yield on the Obligations does not exceed an amount equal to the <br /> debt service on the Obligations in the succeeding 12-month period plus a carryover <br /> amount equal to one-twelfth of the principal and interest payable on the Obligations for <br /> the immediately preceding 12-month period; <br /> • ensure that no more than 50% of the proceeds of the Obligations are invested in <br /> an investment with a guaranteed yield for 4 years or more; <br /> • assure that the maximum amount of any reserve fund for any Obligations invested <br /> at a yield higher than the yield on the Obligations will not exceed the lesser of(1) 10% of <br /> the principal amount of the Obligations, (2) 125% of the average annual debt service on <br /> the Obligations measured as of the Issue Date, or (3) 100% of the maximum annual debt <br /> service on the Obligations as of the Issue Date; <br /> • monitor the actions of the escrow agent (to the extent an escrow is funded with <br /> proceeds) to ensure compliance with the applicable provisions of the escrow <br /> agreement, including with respect to reinvestment of cash balances; <br /> • maintain any official action of the Issuer (such as a reimbursement resolution) <br /> stating its intent to reimburse with the proceeds of the Obligations any amount expended <br /> prior to the Issue Date for the acquisition, renovation or construction of the facilities; <br /> • ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, <br /> or any successor forms) is timely filed with the IRS; <br /> • assure that, unless excepted from rebate and yield restriction under section 148(f) <br /> SAN n4ARCOS\CTRCO2023C: Ordinance <br /> 1 <br />