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(1) The general taxing power of the City, including the power to levy <br />taxes within the ten-mill limitation, as defined in Section 5705.02, <br />Revised Code. <br />(2) The proceeds to be received from the sale of any notes issued to <br />refund or renew the Notes and of the Bonds in anticipation of <br />which the Notes are issued. <br />(3) Any money remaining from the sale of the Notes after the payment <br />of Financing Costs of the Notes and not required for the payment <br />of costs of the Project. <br />(b) The Debt Service on the Notes must be paid at their maturity from any of <br />the amounts set forth above pledged to their payment, or any funds of the <br />City otheivvise available for their payment. <br />(c) During the years while the Notes are outstanding, there will be levied on <br />all the taxable property in the City, in addition to all other taxes, a direct <br />tax annually, subject to tax limitations, not less than the tax that would <br />have been levied had the Bonds been issued without the prior issue of the <br />Notes. The tax must be and is ordered to be computed, certified, levied, <br />and extended upon the tax list and collected by the same officers, in the <br />same manner, and at the same time that taxes for general purposes for each <br />of those years are computed, certified, levied, extended, and collected. <br />The tax must be placed before and in preference to all other items and for <br />its full amount. The money derived from that tax levy must be placed in <br />the Bond Retirement Fund of the City and is irrevocably pledged for the <br />payment of the Debt Service on the Notes, when and as that Debt Service <br />falls due. If any of the following amounts are available for the payment of <br />the Notes and are appropriated for that purpose, the amount of the tax levy <br />in each year must be reduced by the amount available and appropriated: <br />(1) Any surplus in the Bond Retirement Fund. <br />(2) Proceeds received from the sale of the Bonds or any notes issued to <br />refund or renew the Notes. <br />(3) Any other money lawfully available to the City. <br />Section 12. Federal Tax Matters. The City covenants that it will take those <br />actions required to maintain the Federal Tax Status on the Notes and that it will not take <br />or permit to be taken any actions that would adversely affect that Federal Tax Status. <br />Without limiting these covenants, the City specifically covenants as follows: <br />(a) Private Activity Bonds. The City will apply the proceeds received from <br />the sale of the Notes to pay costs of the Project and to pay the Financing <br />-10- <br />