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SECTION 9. Reimbursement Allocation The Council will make a reimbursement <br />allocation, which is a written allocation that evidences the City's use of proceeds of the Bonds to <br />reimburse an Expenditure, no later than 18 months after the later of the date on which the <br />Expenditure is paid or the Facilities are placed in service or abandoned, but in no event more than <br />three years after the date on which the Expenditure is paid. The Council recognizes that exceptions <br />are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts <br />and expenditures for construction projects of at least 5 years. <br />SECTION 10. Expenditure Type Each Expenditure will be either (a) of a type properly <br />chargeable to a capital account under general federal income tax principles (determined in each case <br />as of the date of the Expenditure), (b) a cost of issuance with respect to the obligation, (c) a <br />nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that <br />is not related to or an agent of the City so long as such grant does not impose any obligation or <br />condition (directly or indirectly) to repay any amount to or for the benefit of the City. <br />SECTION 11. Budgetary Practices This resolution is consistent with the budgetary and <br />financial circumstances of the City, as of the date hereof. No moneys from sources other than the <br />Bond issue are, or are reasonably expected to be reserved, allocated on a long -term basis, or <br />otherwise set aside by the City (or any related party) pursuant to their budget or financial policies <br />with respect to the Facilities costs. To the best of our knowledge, the Council is not aware of the <br />previous adoption of official intents by the City that have been made as a matter of course for the <br />purpose of reimbursing expenditures and for which tax - exempt Bonds have not been issued. <br />SECTION 12. Tax Compliance This resolution is adopted as official action of the Council <br />in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal <br />Revenue Service relating to the qualification for reimbursement of City expenditures incurred prior <br />to the date of issue of the Bonds. <br />SECTION 13. Financial Advisor Fees The Council has previously appointed William <br />Euphrat Municipal Finance, Inc. as financial advisor to the City in connection with the establishment <br />of the District and the issuance of the Bonds. In connection with such services the Council <br />authorized the payment of a fee equal to $32,500. The Council hereby authorized payment to the <br />financial advisor a fee of $45,000 for such services. <br />SECTION 14. Official Action The Authorized Representatives, and any and all other <br />officers of the City and the District, are hereby authorized and directed, jointly and severally, for and <br />in the name and on behalf of the City or the District, as applicable, to do any and all things and to <br />execute and deliver any and all documents which they deem necessary or advisable in order to <br />consummate the issuance, sale, and delivery of the Bonds and otherwise to carry out, give effect to, <br />and comply with the terns and intent of this Resolution, the Bonds, the Fiscal Agent Agreement, the <br />Bond Purchase Contract, the Official Statement, and the Continuing Disclosure Certificate, including <br />but not limited to the purchase of municipal bond insurance for the Bonds if determined to be cost <br />effective. <br />SECTION 15. Effective Date This resolution shall be effective immediately upon its <br />adoption. <br />4 <br />DOCSSFl17384v5122931.0003 <br />14112 <br />