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<br />part from the Capital Improvement Fuod and the Pledged Revenues and having a lien <br />thereon which is 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 <br />any 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 <br />subdivision hereof; and the term "heretofore" means before the date of execution of this <br />Ordinance, the term "now" means at the date of execution of this Indenture, and the term <br />"hereafter" means after the date of execution of this Ordinance; <br />(2) words of the masculine gender include correlative words of the feminine <br />and neuter genders and words importing the singular number include the plural number and <br />vice versa; and <br />(3) the captions or headings of this Ordinance, are for convenience only and <br />in no way defme, limit or describe the scope or intent of any provisions, articles or sections <br />of this Ordinance. <br /> <br />Section 2. Recitals. <br />(a) By the Sales Tax Ordinance passed and adopted on February 7, 1989, <br />and approved by the voters at a special municipal election on March 21, 1989, the City <br />imposed a three percent (3 %) municipal sales tax on the sale of tangible personal property <br />at retail and the furnishing of services. <br />(b) The Sales Tax Ordinance provides for the creation of the Capital <br />Improvement Fund, and for the deposit therein of one third (1/3) of the net revenues derived <br />from the three percent (3%) Sales Tax imposed by the Sales Tax Ordinance. <br />(c) The Sales Tax Ordinance provides that such Sales Tax revenues may be <br />used solely for the purpose of providing capital improvements or paying debt service on bonds <br />issued for such purposes pursuant to Section 29-2-111, C.R.S. <br /> <br />- 8 - <br />