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ORDINANCE NO. 98- 32 PAGE 3 <br />Law, the Director of Finance, and other appropriate officers of the Village, to provide such <br />information and certifications, and execute and deliver or accept delivery of such instruments, as <br />are necessary and incidental to carrying out the Agreement, and to make such arrangements as are <br />necessary and proper for payment of said service payments in lieu of taxes. <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 North Chagrin Commons Municipal <br />Public Improvement Tax Increment Equivalent Fund (the "Fund"), into which shall be deposited <br />all of the service payments in lieu 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 Section <br />5709.42 of the Ohio Revised Code, and hereby provides that all of the moneys deposited in the <br />Fund shall be used for the following purposes: <br />(i) to pay any and all planning, engineering, acquisition, construction, <br />installation, financing costs, and any and all other direct and indirect costs of the Public <br />Improvements, other than those costs to be paid by State grant funds, or Special Assessment <br />Financing, as described below; or <br />(ii) to pay principal and interest on any loans made by the State of Oluo to <br />the Village to pay costs of die Public Improvements, other than those costs to be paid by Special <br />Assessment Financing; or <br />(iii) to pay the interest on and principal of bonds or notes, and premium, if <br />any, including refunding bonds or notes, issued by the Village to finance costs of the Public <br />Improvements until such notes or bonds are paid in full, other than those costs to be paid by State <br />grant funds, or Special Assessment Financing; or <br />(iv) to reimburse the Village for any funds used by the Village to pay costs <br />of the Public Improvements, or to pay interest or principal, or premium, on any of the aforesaid <br />notes, bonds, or loans, other than those costs or financing to be paid from State grant funds, or <br />Special Assessment Financing, prior to receipt of service payments in lieu of taxes as described in <br />Section 3 hereof. <br />Provided, however, that the Village intends to pay part of the costs of the Public <br />Improvements by use of State grant funds, and by the levy and collection of special assessments <br />on the Property pursuant to Chapter 727of the Ohio Revised Code, and by one or more loans from <br />the State of Oluo, and/or by the issuance of notes and bonds of the Village, in anticipation of the <br />collection of said special assessments (collectively referred to as "Special Assessment <br />Financing"); and the service payments in lieu of taxes shall be applied to pay those costs of the <br />Public Improvements and financing therefor which are not paid or to be paid from said State grant <br />fiends or said Special Assessment Financing. <br />The Fund shall remain in existence so long as such service payments are collected and <br />used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said <br />Section 5709.43. <br />Library: Cleveland; Document#: 50091v4 <br />