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~f_.,~..,.,.,~.,~ .w.,...,.~.,~..~~.._.~e... ,__ _... ~ ._,.:,.... <br />- - 2 - <br />,,,~ ~~ 9~ <br />The City hereby covenants that it will restrict the use of the pro- <br />ceeds of the notes in such manner and to such extent, if any, as may be nec- <br />essary, after taking into account reasonable expectations at the time the debt <br />is incurred, so that they will not constitute arbitrage bonds under Section 103(c) <br />of the Internal Revenue Code and the regulations prescribed under that section. <br />The Director of Finance is authorized and directed to give an appropriate cer- <br />tif icate on behalf of the City, for inclusion in the transcript of proceedings, <br />setting forth the facts, estimates and circumstances and reasonable expectations <br />pertaining to said Section 103 (c) and regulations thereunder. <br />Section 7. Said notes shall be the full general obligations of the <br />City and the full faith, credit and revenue of said City are hereby pledged for <br />the prompt payment of the same. The par value to be received from the sale of <br />the bonds anticipated by said notes and any excess funds resulting from the is- <br />suance of said notes shall to the extent necessary be used only for the retire- <br />ment of said notes at maturity, together with interest thereon, and is hereby <br />pledged for such purpose. <br />Section 8. During the year or years while such notes run there shall <br />be levied on all the taxable property in said City, in addition to all other <br />taxes, a direct tax annually not less than that which would have been levied <br />if bonds had been issued therefor without the prior issue of said notes. <br />Said tax shall be and is hereby ordered computed, certified, levied <br />and extended upon the tax duplicate and collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes for each of <br />said years are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof. <br />The funds derived from said tax levies hereby required shall be placed in a <br />separate and distinct fund, which, together with the interest collected on the <br />same, shall be irrevocably pledged for the payment of the principal and interest <br />of said notes or the bonds in anticipation of which they are issued when and as <br />the same falls due. <br />Section 9. The Clerk is hereby directed to forward a certified copy <br />of this ordinance to the County Auditor. <br />Section 10. It is found and determined that all formal actions of this <br />Council concerning and relating to the passage of this ordinance were adopted in <br />an open meeting of this Council, and that all deliberations of this Council and <br />of any of its committees that resulted in such formal action, were in meetings <br />open to the public, in compliance with all legal requirements including Section <br />121.22 of the Ohio Revised Code. <br />Section 11. This ordinance is hereby declared to be an emergency <br />measure necessary for the preservation of the public peace, welfare and <br />safety of this City, and for the further reason that the immediate issuance <br />and sale of the notes herein authorized is necessary to provide funds for the <br />aforesaid improvement of Mill Road which is urgently needed to eliminate existing <br />hazards to pedestrian and vehicular traffic; wherefore, this ordinance shall take <br />effect and be in force immediately upon its passage and approval by the Mayor. <br />PASSED: <br />ATTEST: G~~ ~ l~k~ <br />Nora T. Hi11, Clerk of Council <br />wey L er , r iden of <br />uncil <br />APPROVED : 9 G/', <br />R ph E. Christman, Mayor <br />~~ t 6_ ~ // <br />~~~~~ <br />