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deposit in said fund shall be transferred to the Interest and Sinking, fund. Arnounts so deposited to <br />the Interest and Sinking Fund shall be used in the manner described in Section 5 of this Ordinance, <br />(b) The Issuer may invest proceeds of the Bonds (including investment earnings thereon) <br />issued for PrQject and an-iounts deposited into the Interest and Sinking Fund in investments <br />authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code, as <br />amended; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the <br />Bonds will be used as soon as practicable for the purposes for which the Bonds are issued. <br />(c) All deposits authorized or required by this Ordinance shall be secured to the fullest <br />extent required by law for the security of public funds. <br />Section 18,. APPROPRIATION. To pay the debt service corning due on the: Bonds oil <br />June December 15, 2018, prior to receipt of the taxes levied to pay such debt service, there is <br />hereby appropriated from current funds on hand, which are hereby certified to be on hand and <br />available for such purpose, an amount sufficient to pay such debt service, and such amount shall be: <br />used for no other purpose. <br />Section 19. SEVERABILITY, If any section, article, paragraph, sentence,, clause, <br />phrase or word in this Ordinance, or application thereof to any persons or circumstances is held <br />invalid or unconstitutional by a. court of competent jurisdiction,, such holding shall not affect the <br />validity of the remaining portion of this Ordinance, despite such invalidity, which. remaining <br />portions shall rernain in full force and effect. <br />Section 20. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The <br />Issuer hereby designates the Bonds as "qualified tax-exempt obligations" as defined in section <br />265(b)(3) of the Code. In furtherance of such designation, the Issuer represents, covenants and <br />warrants the following: (a) that during the calendar year in which the Bonds, are issued, the Issuer <br />(including any subordinate entities) has not designated nor will designate obligations that when <br />aggregated with the Bonds, will result in more than $10,000,000 (or such other arnount pennitted <br />by such section 265 of the Code) of "qualified tax-exempt obligations" being issued; (b) that the <br />Issuer reasonably anticipates that the aniount of tax-exempt obligations issued, during the <br />calendar year in which the Bonds are issued, by the Issuer (or any subordinate entities) will not <br />exceed $ 10,000,000 (or such other arnount permitted by such section 265 of the Code); and, (c) <br />that the Issuer will take such action or refrain from such action as necessary, and as more <br />particularly set forth in Section 11, hereof in order that the Bonds will not be considered "private <br />activity bonds" within the meaning of section 141 of the Code, <br />PASSED AND ADOPTED this 9th day of April, 2018, <br />Steven J. Clifford, M.D., Mayor <br />20 <br />