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<br />SECTION 13 The Fiscal Officer is hereby authorized to apply, if he deems it <br />appropriate, for a rating on the Bonds from one or more nationally recognized rating services, <br /> <br />SECTION 14. The Fiscal Officer is authorized and wected to execute a <br />continuing disclosure certificate (the "Disclosure Certificate'') setting forth the City's <br />undertaking to provide annual reports and notices of certain events dated the date of delivery of <br />the Bonds and delivered to the Original Purchaser for the benefit of the bondholders and to assist <br />the Original Purchaser in complyiug with S.E. C Rule 15c2-12(b )(5) The City hereby covenants <br />and agrees that it will comply with and carry out all of the provisions of the Disclosure <br />Certificate. Failure of the City to comply with the Disclosure Certificate shall not be considered <br />an event of default; however, any Bondholder may take such actions as may be necessary and <br />appropriate to caw~e the City to comply with its obligations under this Section, <br /> <br />SECTION IS. The Fiscal Officer is authorized and directed to exercise the City's <br />right to prepay all or a portion of the Refunded Bonds by wecting the mailing of a notice of <br />such prepayment to all registered owners of the Refunded Bonds in a timely fashion and to take <br />such other steps as are necessary to ensure that the Refunded Bonds are retired, The Fiscal <br />Officer, in the Certificate of Award, shall detennine the date of such prepayment and the portiou, <br />if any, of the interest on the Refunded Bonds to be paid with the proceeds of the Bonds. <br /> <br />SECTION 16. It is hereby detennined that all acts, conditions and things <br />necessary to be done precedent to and in and for the issuing of the Bonds in order to make them <br />legal, valid and binding obligations of the City have been performed in regular and due fonn as <br />required by law; that the full faith and credit of the City shall be and are hereby irrevocably <br />pledged for the prompt payment of the principal and interest thereof at maturity; and that no <br />limitation of indebtedness or taxation, either statutory or constitutional, will be exceeded in <br />issuing the Bonds. <br /> <br />SECTION 17. The Fiscal Officer, as fiscal officer of the City, is hereby directed <br />to forward a certified copy of this Ordinance to the County Auditor <br /> <br />SECTION 18, It is found and detenniued that all fonnal actions of this Council <br />concerning and relating to the passage of this Ordinance were adopted in an open meeting oftrus <br />COlUlcil, and that all deliberations of this Council and of any of its committees that resulted in <br />such fonnal action, were in meetings open to the public, in compliance with all legal <br />requirements, including the City's Charter and Codified Ordinances and Section 12122 of the <br />Ohio Revised Code. <br /> <br />SECTION 19 This Ordinance is hereby declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, property, health, safety and welfare <br />in the City for the reasons set forth and defined in the preambJe to this Ordinance, and provided <br />it receives the affirmative vdte of two-thirds (2/3) of all members elected to Council, this <br />Ordinance shall take effect and be in force immediately upon its passage by the Council and <br />approval by the Mayor; otherwise it shall take effect and be in force rrom and after the earliest <br />period allowed by law <br /> <br />passed-I/¡ J <br /> <br />If <br /> <br />,2005 <br /> <br />0~.þ( <br /> <br />President of Council <br /> <br />Approved: 4A'¿u"t-o <br /> <br />. 2005 <br /> <br /> <br />{KLF2993;2} <br /> <br />10 <br />