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ORDINANCE NO. 84- 2g <br />r~ <br />J <br />PAGE FOUR <br />Section 10. The Village covenants that it will restrict the use of <br />the proceeds of the Notes in such manner and to such extent, if any, as may be <br />necessary, after taking into account reasonable expectations at the time of <br />the delivery of and payment for the Notes, so that the Notes will not consti- <br />tute arbitrage bonds under Section 103(c) of the Internal Revenue Code and the <br />applicable regulations prescribed under that Section. The Finance Director, <br />as the fiscal officer, or any other officer having responsibility for issuing <br />the Notes, shall, alone or in conjunction with any of the foregoing or with <br />any other officer or employee of or consultant to the Village, give an appro- <br />priate certificate of the Village for inclusion in the transcript of proceed- <br />ings for the Notes, setting forth the reasonable expectations of the Village <br />regarding the amount and use of all the proceeds of the Notes and the facts <br />and estimates on which they are based, all as of the date of delivery of and <br />payment for the Notes. <br />Section 11. The Clerk of Council is directed to forward a certified <br />copy of this ordinance to the County Auditor. <br />Section 12. This Council determines that all acts and conditions <br />necessary to be done or performed by the Village or to have happened precedent <br />to and in the issuing of the Notes in order to make them legal, valid and <br />binding general obligations of the Village, have been performed and have <br />happened, or will at the time of delivery of the Notes have been performed and <br />have happened, in regular and due form as required by law; that the full <br />faith, credit and revenues of the Village are pledged for the timely payment <br />of the principal of and interest on the Notes; and that no statutory or con- <br />stitutional limitation of indebtedness or taxation will have been exceeded in <br />the issuance of the Notes. <br />Section 13. This Council finds and determines that all formal <br />actions of this Council concerning and relating to the passage of this ordi- <br />nance were taken in an open meeting of this Council, and that all delibera- <br />tions of this Council and of any committees that resulted in those formal <br />actions were in meetings open to the public, in compliance with all legal <br />requirements including Section 121.22 of the Revised Code. <br />Section 14. This ordinance is declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, health and <br />safety of the Village, and for the further reason that the immediate effec- <br />tiveness of this ordinance is required in order to effect issuance and sale of <br />the Notes which is necessary to enable the Village to enter into a contract <br />for the construction of said improvement which is urgently required to <br />eliminate existing hazards to the traveling public; wherefore, this ordinance <br />~~~ <br />