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Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP
<br />numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under
<br />this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and
<br />information ofthe Registered Owners ofthe Certificates. In addition, ifbond insurance is obtained,
<br />the Certificates may bear an appropriate legend as provided by the insurer. The officers, employees
<br />and agents of the lssuer, and each of them, shall be and each is expressly authorized, empowered
<br />and directed from time to time and at any time to do and perform all acts and things and to execute,
<br />acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all
<br />certificates, financing statements, instruments, agreements and other papers, whether or not herein
<br />mentioned, as they may determine to be necessary or desirable in order to carry out the terms and
<br />provisions of this Ordinance. In the absence of the Mayor, the Mayor Pro-tem is directed to sign
<br />as Mayor on behalf of the Issuer.
<br />(b) ln accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in
<br />connection with the submission of the Certificates by the Attorney General of Texas for review and
<br />approval, a statutory fee (an amount equal to 0.1 % principal amount of the Certificates, subject to
<br />a minimum of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon
<br />the submission of the transcript of proceedings for the Certificates. The Issuer hereby authorizes
<br />and directs that a check in the amount of the Attorney General filing fee for the Certificates, made
<br />payable to the "Texas Attorney General," be promptly furnished to the Issuer's Bond Counsel, for
<br />payment to the Attorney General in connection with his review of the Certificates.
<br />Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
<br />CERTIFICATES. The Issuer covenants to take any action necessary to assure, or refrain from any
<br />action that would adversely affect, the treatment of the Certificates as obligations described in
<br />section 103 of the Code, the interest on which is not includable in the "gross income" of the holder
<br />for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
<br />(a) to take any action to assure that no more than 10 percent of the proceeds of the
<br />Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business
<br />use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the
<br />projects financed therewith are so used, such amounts, whether or not received by the Issuer, with
<br />respect to such private business use, do not, under the terms of this Ordinance or any underlying
<br />arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of'the
<br />debt service on the Certificates, in contravention of section 141(b)(2) of the Code;
<br />(b) to take any action to assure that in the event that the "private business use" described in
<br />subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed
<br />therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent
<br />is used for a"private business use" that is "related" and not "disproportionate," within the meaning
<br />of section 141(b)(3) of the Code, to the governmental use;
<br />(c) to take any action to assure that no amount that is greater than the lesser of $5,000,000,
<br />or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any)
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