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Ordinance No. 2003-43 <br />Page 3 <br />Section 4. This Council hereby establishes pursuant to and in accordance with the <br />provisions of Section 5709.43 of the Ohio Revised Code, the Beta Drive Municipal Public <br />Improvement Tax Increment Equivalent Fund (the "Fund"), into which shall be deposited a11 of <br />the service payments in Iieu of taxes distributed to the Village with respect to the <br />Improvements on the Property, by or on behalf of the County Treasurer as provided in <br />Section 5709.42 of the Ohio Revised Code, and hereby provides that all of the moneys <br />deposited in the Fund shall be used for the following purposes: <br />(i) to pay any and all planning, engineering, acquisition, construction, installation, property <br />acquisition, financing costs, and any and a11 other direct and indirect costs of the Public <br />Improvements, including those costs set forth in Ohio Revised Code Section 133.15(B); <br />(ii) to pay the interest on, principal of, and any preanium on bonds or notes or other obligations, <br />including refunding bonds or notes or other obligations, issued by the Village to fmance costs of <br />the Public Improvements until such notes or bonds or other obligations aze paid in full; and <br />(iii) to reimburse the Village for any funds used by the Village to pay costs of the Public <br />Improvements, or to pay interest, principal or premium on any of the aforesaid notes, bonds or <br />other obligations, prior to receipt of service payments in lieu of taxes as described in Section <br />3 hereof. <br />The Fund shall remain in existence so long as such service payments are collected and used for <br />the aforesaid purposes, after which said Fund shall be dissolved in accordance with said <br />^ Section 5709.43. <br />- Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this <br />Council is hereby directed to deliver a copy of this Ordinance to the Director of the Department of <br />Development of tlie State of Oluo within fifteen days after its passage. On or before March 31 <br />of each year that the exemption set forth in Section 2 hereof remains in effect, the Director of <br />Finance or other aut}iorizeci officer of this Village sha11 prepare and submit to the Director <br />of the Department of Development of the State of Ohio the status report required under Section <br />5709.40 of the Ohio Revised Code. <br />Section 6. This Council finds and deternines that all formal actions of this Council <br />and of any of its committees concerning and relating to the passage of this Ordinance were <br />taken in an open meeting of this Council or of any of its cornmittees, and that all <br />deliberations of this Council and of any of its committees that resulted in those formal actions <br />were in meetings open to the public, in compliance with the law. <br />Section 7. This Ordinance is declared to be an emergency measure necessary for the <br />immediate preservation of the public peace, health and safety of the Village and for the <br />further reason that the immediate effectiveness of this Ordinance is required to provide for the <br />funding for the Public Improvements so that such Improvements may be constructed as quickly <br />as possible, thereby providing immediately necessary public road and other improvements, <br />and thereby permitting the Company's project to be constructed as quickly as possible, in