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ORDINANCE N0. 91- 15 PAGE FIVE <br />the use and distribution of those official statements and any supplements <br />thereto in connection with the original issuance of the Bonds, and (iv) <br />complete and sign those official statements as so approved together with such <br />certificates, statements or other documents in connection with the finality, <br />accuracy and completeness of those official statements. <br />Section 8. The proceeds from the sale of the Bonds, except any <br />premium and accrued interest, shall be paid into the proper fund or funds, and <br />those proceeds are appropriated and shall be used for the purpose for which <br />the Bonds are being issued. Any portion of those proceeds representing <br />premium and accrued interest shall be paid into the Bond Retirement Fund. <br />Section 9. There shall be levied on all the taxable property in the <br />Village, in addition to all other taxes, a direct tax annually during the <br />period the Bonds are outstanding in an amount sufficient to pay the debt <br />charges on the Bonds when due, which tax shall not be less than the interest <br />and sinking fund tax required by Section 11 of Article XII of the Ohio <br />Constitution. The tax sfiall be within the ten-mill limitation imposed by law, <br />shall be and is ordered computed, certified, levied and extended upon the tax <br />duplicate and collected by the same officers, in the same manner and at the <br />same time that taxes for general purposes for each of those years are <br />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 <br />of the tax levy shall be placed in the Bond Retirement Fund, which is <br />irrevocably pledged for the payment of the debt charges on the Bonds when and <br />as the same fall due. <br />Section 10. The Village covenants that it will use, and will <br />restrict the use and investment of, the proceeds of the Bonds in such manner <br />and to such extent as may be necessary so that (a) the Bonds will not (i) <br />constitute private activity bonds, arbitrage bonds or hedge bonds under <br />Sections 141, 148 or 149 of the Internal Revenue Code of 1986, as amended (the <br />Code) or (ii) be treated other than as bonds to which Section 103(a) of the <br />Code applies, and (b) the interest thereon will not be treated as an item of <br />tax preference under Section 57 of the Code. <br />The Village further covenants that (a) it will take or cause to be <br />taken such actions that may be required of it for the interest on the Bonds to <br />be and to remain excluded from gross income for federal income tax purposes, <br />and (b) it will not take or authorize to be taken any actions that would ad- <br />versely affect that exclusion, and (c) it, or persons acting for it, will, <br />among other acts of compliance, (i) apply the proceeds of the Bonds to the <br />governmental purpose of the borrowing, (ii) restrict the yield on investment <br />property acquired with those proceeds, (iii) make timely and adequate payments <br />to the federal government, (iv) maintain books and records and make calcula- <br />tions and reports, and (v) refrain from certain uses of those proceeds, and, <br />as applicable, of property financed with such proceeds, all in such manner and <br />to the extent necessary to assure such exclusion of that interest under the <br />Code.