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M.V. ORDINANCE N0. 83-7 <br />- 3 - <br />Section 5. It is hereby determined that all acts, conditions and <br />things necessary to be done precedent to and in and for the issuing of said <br />bonds, in order to make them 1ega1, valid and binding obligations of the <br />Village, have happened, been done and performed in regular and due form as <br />required by law; that the full faith, credit and revenue of said Village <br />shall be and are hereby irrevocably pledged for the prompt payment of the <br />principal and interest thereof at maturity; and that no limitat3.on of in- <br />debtedness or taxation, either statutory or constitutional, will be exceeded <br />in issuing said bonds. <br />Section 6. That said bonds shall be first offered at par and <br />accrued interest to the officer in charge of the Bond Retirement Fund 3n <br />his official capacity, and if said officer refuses to take any or all of <br />said bonds, then said bonds not so taken shall be advertised for public <br />sale and sold in the manner provided by law. The proceeds from the sale <br />of said bonds, except the premium and accrued interest thereon, shall be <br />used for the purpose for which said bonds are issued and for no other pur- <br />pose; the premium and accrued interest received from such sale shall be <br />transferred to the Bond Retirement Fund to be applied in the payment of the <br />principal and interest of said bonds in the manner provided by law. <br />The Village hereby covenants that it will restrict the use of the <br />proceeds of the bonds in such manner and to such extent, if any, as may be <br />riecessary, after taking into account reasonable expectations at the time of <br />the delivery of and payment for such bonds, so that the bonds will not con- <br />stitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />and the applicable income tax regulations under that Section. The fiscal <br />officer or any other officer, including the Clerk of Council, having respon- <br />sibility for issuing the bonds is authorized and directed, alone or in con- <br />junction with any of the foregoing or with any other officer, employee, or <br />consultant of the Village, to give an appropriate certificate of the Village, <br />for inclusion in the transcript of proceedings, setting forth the reasonable <br />expectations of the Village regarding the amount and use of all such proceeds <br />and the facts and estimates on which they are based, all as of the date of <br />delivery and payment for such bonds. <br />Section 7. That the Clerk of Council is hereby authorized and <br />directed to certify a copy of this ordinance to the Auditor of Cuyahoga <br />County, Ohio, according to law. <br />Section 8. It is found and determined that all formal actions <br />of this Council concerning and relating to the passage of this ordinance <br />were adopted in an open meet3ng of this Council, and that all deliberations <br />of this Council and of any of its committees that resulted in such formal <br />action, were in meetings open to the public, in compliance with all legal <br />requirements including Section 121.22 of the Ohio Revised Code.