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<br />(c) the amount needed to refund the portion of the Series 2006 B Notes related to the of
<br />improvement of the City's sewer system and wastewater treatment plant, as detennined
<br />by the Fiscal Officer in the Certificate of Award, shall be retained by the Fiscal Officer
<br />and deposited to the credit of the appropriate accoUJlt of the Issuer's Bond Retirement
<br />Fund and applied to the payment of such portion of the Series 2006 B Notes at their
<br />earliest possible date;
<br />(d) the amount, if any, as deteunined by the Fiscal Officer in the Certificate of Award, to
<br />purchase of the suretY bond to satisfY the Bond Reserve Requirement for the Series 2006
<br />Bonds shall be deposited by the Trustee upon receipt to the credit of the appropriate
<br />account of Construction Fund in accordance with the written instructions of the Fiscal
<br />Officer; and
<br />(e) the balance of the proceeds of the Series 2006 Bonds shall be deposited to the
<br />appropriate account ofthe Construction Fuud and applied firsÎ to pay Financing Costs
<br />related to the issuance and sale of the Series 2006 Bonds and thereafter to payment of the
<br />Cost of the Improvements constituting the Project.
<br />Section 6.. Reuresentations. Warranties and Covenants of Issuer.. The Iss'Q-er
<br />tepresentsand warrants that it is duly authorized by the Constitution and the laws of the State of
<br />Ohio, particularly Article XVIII of the Constitution of Ohio and the Charter, to issue the Series
<br />2006 Bonds authorized hereby and to execute the Trust Agreement and First Supplemental
<br />Indenture, and to pledge the Special Funds and the Revenue Fund and the Sewer Reserve Fund
<br />in the manner and to the extent in the Indenture set forth.
<br />All of the obligations and duties of the Issuer and its officers in its behalf, under
<br />the Series 2006 Bauds, the Series 2006 Bond Legislation and the Indenture are hereby
<br />established as duties specifically enjoined by law and resultiug from an office, trust or station of
<br />the Issuer and its officers within the meaning ofSection2731 01, Ohio Revised Code.
<br />The Issuer has not hereto~ore made or suffered to exist any pledges of or liens on
<br />the Special Funds, the Revenùe Fund or Sewer Reserve Fund. Except as permitted by the
<br />Indenture, the Issuer shall not :make any pledge or assignment of or create any lien or
<br />encumbrance upon the Net Revenues, the Special Funds or the Revenue Fund or Sewer Reserve
<br />Fund having a priority higher than or equal to that of the Bouds.
<br />Section 7. Trust Agreement. First SUPDlementaI Indeuture. Official
<br />Statement. Continuing: Disclosure AfITeement and Other Documents. The Mayor and the Fiscal
<br />Officer are hereby authorized and directed in the name and on behalf of the Issuer to make,
<br />execute, acknowledge and deliver to the Trustee, in trust for the Original Purchaser and
<br />subsequent Holders of the Series 2006 Bonds, a good and sufficient Trust Agreement in the form
<br />now or not later than the date of pas sage of this 2006 Bond Legislation au file with the Fiscal
<br />Officer, after approval thereofby the Legal Officer, and to make, execute, acknowledge and
<br />deliver to the Trustee, in trust for the Original Purchaser and subsequent Holders of the Series
<br />2006 Bonds, a good and sufficient First Supplemental Indenture in the fonn now or not later than
<br />the date of passage of this 2006 Bond Legislatiou on file with the Fiscal Officer, after approval
<br />thereof by the Legal Officer, so that the Series 2006 Bonds may be secured by the Trust
<br />Agreement and the First Supplemental ]ndenture and may be declared and become due and
<br />payable in the manoer and to the effect provided by the Trust Agreement and the First
<br />Supplemental Indenture, with such changes therein as the officers executiug the same shall
<br />approve, which approval shall be evidenc~d by their execution thereof The Mayor, the Fiscal
<br />Officer, the Clerk and the Legal Officer are hereby authorized and directed to take any and all
<br />actions necessary or proper consistent with the terms of this Series 2006 Bond Legislation, the
<br />Trust Agreement and the First Supplemental Indenture to effect the execution, authentication and
<br />delivery of the Series 2006 Bauds to the Origiual Purchaser, including, without linritation, the
<br />furnishing of the appropriate certificates, opinions and other instruments provided for in the
<br />Trust Agreement, the First Supplemental Indenture and the Bond Purchase Agreement
<br />The distribution of a Prelinriuary Official Statement of the Issuer relating to the
<br />original i~suance of the Series 2006 Bonds is hereby approved, and the Fiscal Officer and the
<br />Director of Public Works of the Issuer, or anyone of them, are each hereby authorized and
<br />directed to complete a Preliminary Official Statement and complete and execute, ou behalf of the
<br />Issuer and in theirofficiaI capacities, a final Official Statement, with such modifications, changes
<br />and supplements.as are necessary or desirable for the purposes thereof as such officers, or any
<br />one of them, shall approve. Such officers, or anyone of them, are authorized to use and
<br />djstribute, or authorize the use and distribution of, the Official Statement and any supplements
<br />thereto as so executed in cormection with the original issuance of the Series 2006 Bonds, and are,
<br />subject to the provisions of the Bond Purchase Agreement, each authorized and directed to
<br />advise the Original Purchaser in writing regarding limitations on the use of the Official
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