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<br />the Capital Improvement Fund and the Pledged Revenues and having a lien thereon which is <br />subordinate to the lien of the Bonds and Parity Lien Bonds. <br />Tax Code: the Internal Revenue Code of 1986, as amended, and applicable <br />regulations and rulings presently or hereafter promulgated or proposed thereunder or under any <br />predecessor thereto. <br />In this Ordinance, unless the context otherwise requires, <br />(1) the terms "herein," "hereunder," "hereby," "hereto," "hereof' and any similar <br />terms, refer to this Ordinance as a whole and not to any particular article, section or subdivision <br />hereof; and the term "heretofore" means before the date of execution of this Ordinance, the term <br />"now" means at the date of execution of this Ordinance, and the term "hereafter" means after the date <br />of execution of this Ordinance; <br />(2) words of the masculine gender include correlative words of the feminine and <br />neuter genders and words importing the singular number include the plural number and vice versa; <br />and <br /> <br />(3) the captions or headings of this Ordinance, are for convenience only and in no <br />way define, limit or describe the scope or intent of any provisions, articles or sections of this <br />Ordinance. <br /> <br />Section 2. Recitals. <br />(a) By the Open Space Sales Tax Ordinance passed and adopted on August 3, <br />1993, and approved by the voters at a regular municipal election on November 3, 1993, the City <br />imposed a temporary three-eighths percent (.375%) municipal sales and use tax on the sale of <br />tangible personal property at retail, the furnishing of services, the use or consumption of construction <br />or building materials and the storage, use or consumption of motor vehicles purchased at retail for <br />10 years beginning January 1, 1994. <br />(b) Pursuant to Section 29-2-112, C.R.S. (the "Act"), any municipality which has <br />pledged sales tax revenues solely for capital improvement purposes and has created a sales tax <br />capital improvement fund may, in anticipation of collection of sales tax revenues, issue revenue <br />bonds payable solely from the fund for the purpose of financing capital improvements. <br /> <br />-12- <br />