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2007 021 Ordinance
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2007 021 Ordinance
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Last modified
11/19/2018 4:02:55 PM
Creation date
8/29/2018 4:19:31 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
021
Date
8/13/2007
Year
2007
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ORDINANCE NO. 2007- 21 PAGE 4 <br />Council, the President of Council, the Law Director and other Village officials, as appropriate, are <br />each authorized and directed to sign any transcript certificates, financial statements and other <br />documents and instruments and to take such actions as are necessary or appropriate to <br />consummate the transactions contemplated by this ordinance. The Director of Finance is <br />authorized, if it is determined to be in the best interest of the Village, to combine the issue of Notes <br />with one or more other note issues of the Village into a consolidated note issue pursuant to Section <br />133.30(B) of the Revised Code. <br />Section 7. The proceeds from the sale of the Notes, except any premium and accrued <br />interest, shall be paid into the proper fund or funds and those proceeds are appropriated and shall <br />be used for the purpose for which the Notes are being issued. Any portion of those proceeds <br />representing premium and accrued interest shall be paid into the Bond Retirement Fund. <br />Section 8. The par value to be received from the-sale of the Bonds or of any renewal <br />notes and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, <br />be used to pay the debt charges on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are outstanding, there shall <br />be levied on all the taxable property in the Village, in addition to all other taxes, the same tax <br />that would have been levied if the Bonds had been issued without the prior issuance of the <br />Notes. The tax shall be within the ten-mill limitation imposed by law, shall be and is ordered <br />computed, certified, levied and extended upon the tax duplicate and collected by the same <br />officers, in the same manner, and at the same time that taxes for general purposes for each of <br />those years are certified, levied, extended and collected, and shall be placed before and in <br />preference to all other items and for the full amount thereof. The proceeds of the tax levy shall <br />be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the <br />debt charges on the Notes or the Bonds when and as the same fall due. In each year the amount <br />of such property tax shall be reduced by the amount of lawfully available municipal income <br />taxes appropriated and to be applied to the payment of the debt charges on the Notes or Bonds <br />in compliance with the following covenant. To the extent necessary, the debt charges on the <br />Notes or Bonds shall be paid from municipal income taxes lawfully available therefor under the <br />Constitution and laws of the State of Ohio; and the Village hereby covenants, subject and <br />pursuant to such authority, including particularly Sections 133.05(B)(7) and 5705.51(A)(5) and <br />(D), Revised Code, to appropriate annually from such municipal income taxes such amounts, <br />and to continue to levy and collect such municipal income taxes in such amounts, as are <br />necessary to meet such annual debt charges. Nothing in this section in any way diminishes the <br />irrevocable pledge of the full faith and credit and general property taxing power of the Village <br />to the prompt payment of the debt charges on the Notes or Bonds. <br />Section 10. The Village covenants that it will use, and will restrict the use and <br />investment of, the proceeds of the Notes in such mariner aiid to such extent as may be necessary so <br />that (a) the Notes will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds <br />under Sections 141, 148 or 149 of the Internal Revenue Code of 1986, as amended (the Code), or <br />(ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the interest <br />on the Notes will not be treated as a preference item under Section 57 of the Code. <br />
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