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2006 028 Ordinance
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2006 028 Ordinance
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Last modified
11/19/2018 4:03:22 PM
Creation date
8/29/2018 5:37:35 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
028
Date
7/17/2006
Year
2006
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ORDINANCE NO. 2006- 28 PAGE 4 <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 />13130(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 Nbtes 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 manner and 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 />The Village further covenants that (a) it will take or cause to be taken such actions that <br />may be required of it for the interest on the Notes to be and remain excluded from gross income <br />for federal income tax purposes, and (b) it will not take or authorize to be taken any actions that
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