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,Ordinance No. 85-63 <br />3 - <br />Section 10. The City covenants that it will restrict the use of the <br />proceeds of the Notes in such manner and to such extent, if any, as may be <br />necessary, after taking into account reasonable expectations at the time of <br />the delivery of and payment for the Notes, so that the Notes will not consti- <br />tute arbitrage bonds under Section 103(c) of the Internal Revenue Code and the <br />applicable regulations prescribed under that Section. The Director of <br />Finance, as the fiscal officer, or any other officer having responsibility for <br />issuing the Notes, shall, alone or with any other officer or employee of or <br />consultant to the City, give an appropriate certificate of the City for inclu- <br />sion in the transcript of proceedings for the Notes, setting forth the <br />reasonable expectations of the City regarding the amount and use of all the <br />proceeds of the Notes and the facts and estimates on which they are based, all <br />as of the date of delivery of and payment for the Notes. <br />Section 11. The Clerk of Council is directed to deliver a certified <br />copy of this ordinance to the County Auditor. <br />Section 12. This Council determines that all acts and conditions <br />necessary to be done or performed by the City or to have been met precedent to <br />and in the issuing of the Notes in order to make them legal, valid and binding <br />general obligations of the City have been performed and have been met, or will <br />at the time of delivery of the Notes have been performed and have been met, in <br />regular and due form as required by law; that the full faith, credit and <br />revenues of the City are pledged for the timely payment of the principal of <br />and interest on the Notes; and that no statutory or constitutional limitation <br />of indebtedness or taxation will have been exceeded in the issuance of the <br />Notes. <br />Section 13. This Council finds and determines that all formal ac- <br />tions of this Council concerning and relating to the passage of this ordinance <br />were taken in an open meeting of this Council and that all deliberations of <br />this Council and of any committees that resulted in those formal actions were <br />in meetings open to the public, in compliance with all legal requirements <br />including Section 121.22 of the Revised Code. <br />Section 14. This ordinance is declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, health, safety <br />and welfare of the City, and for the further reason that the immediate effec- <br />tiveness of this ordinance is required in order to effect issuance and sale of <br />the Notes, which is necessary to enable the City to retire the outstanding <br />notes at their maturity and thereby preserve its credit; wherefore, this <br />ordinance shall be in full force and effect immediately upon its passage and <br />approval by the Mayor. <br />Passed: 1985 <br />Attest: ? <br />Clerk of Council <br />Approved: 1985 <br />Mayor <br />? <br />resident of Council <br />First reading: ,Z 1 gs <br />Second readingt / fS-- <br />Third reading: 19 ef